E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, MONDAY, FEBRUARY 25, 2002 No. 16 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, February 26, 2002, at 2 p.m. Senate MONDAY, FEBRUARY 25, 2002

The Senate met at 12 noon and was I pledge allegiance to the Flag of the ests. Writing at a time before political called to order by the President pro United States of America, and to the Repub- parties had become accepted as vital tempore (Mr. BYRD). lic for which it stands, one nation under God, extraconstitutional, opinion-focusing indivisible, with liberty and justice for all. agencies, Washington feared that they PRAYER f carried the seeds of the nation’s de- The Chaplain, Dr. Lloyd John RESERVATION OF LEADER TIME struction through petty factionalism. Although Washington was in no sense Ogilvie, offered the following prayer: The PRESIDENT pro tempore. Under the father of American isolationism, On this day when George Washing- the previous order, the leadership time since he recognized the necessity of ton’s Farewell Address is read, it is ap- is reserved. propriate that our prayer today be his temporary associations for ‘‘extraor- f ‘‘Prayer for the United States of Amer- dinary emergencies,’’ he did counsel ica,’’ exactly as it is preserved in the READING OF WASHINGTON’S against the establishment of ‘‘perma- chapel at Valley Forge. FAREWELL ADDRESS nent alliances with other countries,’’ connections that he warned would in- Let us pray. The PRESIDENT pro tempore. Under evitably be subversive of America’s na- ‘‘Almighty God; We make our earnest the previous order, the Senator from tional interest. prayer that Thou wilt keep the United New Jersey, Mr. CORZINE, is recognized States in Thy Holy protection; that Washington did not publicly deliver to read George Washington’s Farewell his Farewell Address. It first appeared Thou wilt incline the hearts of the Address. Citizens to cultivate a spirit of subordi- on September 19, 1796, in the Philadel- Mr. CORZINE. In September 1796, phia Daily American Advertiser and nation and obedience to Government, worn out by burdens of the presidency then in papers around the country. and entertain a brotherly affection and and attacks of political foes, George In January 1862, with the Constitu- love for one another and for their fel- Washington announced his decision not tion endangered by civil war, a thou- low Citizens of the United States at to seek a third term. With the assist- sand citizens of Philadelphia petitioned large. ance of Alexander Hamilton and James Congress to commemorate the forth- ‘‘And finally that Thou wilt most Madison, Washington composed in a coming 130th anniversary of George graciously be pleased to dispose us all ‘‘Farewell Address’’ his political testa- Washington’s birth by providing that to do justice, to love mercy, and to de- ment to the nation. Designed to inspire ‘‘the Farewell Address of Washington mean ourselves with that Charity, hu- and guide future generations, the ad- be read aloud on the morning of that mility, and pacific temper of mind dress also set forth Washington’s de- day in one or the other of the Houses of which were the Characteristics of the fense of his administration’s record and Congress.’’ Both houses agreed and as- Divine Author of our blessed Religion, embodied a classic statement of Fed- sembled in the House of Representa- and without a humble imitation of eralist doctrine. tives’ chamber on February 22, 1862, whose example in these things we can Washington’s principal concern was where Secretary of the Senate John W. never hope to be a happy nation. for the safety of the eight-year-old Forney ‘‘rendered ‘The Farewell Ad- ‘‘Grant our supplication, we beseech Constitution. He believed that the sta- dress’ very effectively,’’ as one ob- Thee, through Jesus Christ our Lord. bility of the Republic was threatened server recalled. Amen.’’ by the forces of geographical sec- The practice of reading the Farewell f tionalism, political factionalism, and Address did not immediately become a interference by foreign powers in the tradition. The address was first read in PLEDGE OF ALLEGIANCE nation’s domestic affairs. He urged regular legislative sessions of the Sen- The PRESIDENT pro tempore led the Americans to subordinate sectional ate in 1888 and the House in 1899. (The Pledge of Allegiance, as follows: jealousies to common national inter- House continued the practice until

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S979

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VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.000 pfrm01 PsN: S25PT1 S980 CONGRESSIONAL RECORD — SENATE February 25, 2002 1984.) Since 1893 the Senate has ob- cumstances of our country you will not prehension of danger natural to that served Washington’s birthday by se- disapprove my determination to retire. solicitude, urge me on an occasion like lecting one of its members to read the The impressions with which I first the present to offer to your solemn Farewell Address. The assignment al- undertook the arduous trust were ex- contemplation, and to recommend to ternates between members of each po- plained on the proper occasion. In the your frequent review, some sentiments litical party. At the conclusion of each discharge of this trust, I will only say which are the result of much reflec- reading, the appointed senator in- that I have, with good intentions, con- tion, of no inconsiderable observation, scribes his or her name and brief re- tributed towards the organization and and which appear to me all important marks in a black, leather-bound book administration of the government the to the permanency of your felicity as a maintained by the secretary of the best exertions of which a very fallible people. These will be offered to you Senate. judgment was capable. Not unconscious with the more freedom as you can only The version of the address printed in the outset of the inferiority of my see in them the disinterested warnings here is taken from the original of the qualifications, experience, in my own of a parting friend, who can possibly final manuscript in the New York Pub- eyes, perhaps still more in the eyes of have no personal motive to bias his lic Library provided courtesy of The others, has strengthened the motives counsel. Nor can I forget, as an encour- Papers of George Washington. The only to diffidence of myself; and, every day, agement to it, your indulgent recep- changes have been to modernize spell- the increasing weight of years admon- tion of my sentiments on a former and ing, capitalization, and punctuation. ishes me more and more that the shade not dissimilar occasion. Mr. CORZINE, at the rostrum, read of retirement is as necessary to me as Interwoven as is the love of liberty the Farewell Address, as follows: it will be welcome. Satisfied that if with every ligament of your hearts, no To the people of the United States. any circumstances have given peculiar recommendation of mine is necessary FRIENDS AND FELLOW CITIZENS: The value to my services, they were tem- to fortify or confirm the attachment. period for a new election of a citizen to porary, I have the consolation to be- The unity of government which con- administer the executive government lieve that, while choice and prudence stitutes you one people is also now of the United States being not far dis- invite me to quit the political scene, dear to you. It is justly so; for it is a tant, and the time actually arrived patriotism does not forbid it. main pillar in the edifice of your real independence, the support of your tran- when your thoughts must be employed In looking forward to the moment quility at home, your peace abroad, of in designating the person who is to be which is intended to terminate the ca- your safety, of your prosperity, of that clothed with that important trust, it reer of my political life, my feelings do very liberty which you so highly prize. appears to me proper, especially as it not permit me to suspend the deep ac- But as it is easy to foresee that, from may conduce to a more distinct expres- knowledgment of that debt of gratitude different causes and from different sion of the public voice, that I should which I owe to my beloved country for quarters, much pains will be taken, now apprise you of the resolution I the many honors it has conferred upon many artifices employed, to weaken in have formed, to decline being consid- me, still more for the steadfast con- your minds the conviction of this ered among the number of those out of fidence with which it has supported me truth; as this is the point in your polit- and for the opportunities I have thence whom a choice is to be made. ical fortress against which the bat- I beg you at the same time to do me enjoyed of manifesting my inviolable teries of internal and external enemies the justice to be assured, that this res- attachment by services faithful and will be most constantly and actively olution has not been taken without persevering, though in usefulness un- (though often covertly and insidiously) strict regard to all the considerations equal to my zeal. If benefits have re- directed, it is of infinite movement appertaining to the relation which sulted to our country from these serv- that you should properly estimate the ices, let it always be remembered to binds a dutiful citizen to his country— immense value of your national Union your praise and as an instructive exam- and that, in withdrawing the tender of to your collective and individual happi- service which silence in my situation ple in our annals, that, under cir- ness; that you should cherish a cordial, might imply, I am influenced by no cumstances in which the passions agi- habitual, and immovable attachment diminution of zeal for your future in- tated in every direction were liable to to it; accustoming yourselves to think terest, no deficiency of grateful respect mislead, amidst appearances some- and speak of it as of the palladium of for your past kindness, but am sup- times dubious, vicissitudes of fortune your political safety and prosperity; ported by a full conviction that the often discouraging, in situations in watching for its preservation with jeal- step is compatible with both. which not unfrequently, want of suc- ous anxiety; discountenancing what- The acceptance of, and continuance cess has countenanced the spirit of ever may suggest even a suspicion that hitherto in the office to which your criticism, the constancy of your sup- it can, in any event, be abandoned; and suffrages have twice called me have port was the essential prop of the ef- indignantly frowning upon the first been a uniform sacrifice of inclination forts and a guarantee of the plans by dawning of every attempt to alienate to the opinion of duty, and to a def- which they were effected. Profoundly any portion of our country from the erence for what appeared to be your de- penetrated with this idea, I shall carry rest, or to enfeeble the sacred ties sire. I constantly hoped that it would it with me to my grave as a strong in- which now link together the various have been much earlier in my power, citement to unceasing vows that Heav- parts. consistently with motives which I was en may continue to you the choicest For this you have every inducement not at liberty to disregard, to return to tokens of its beneficence; that your of sympathy and interest. Citizens by that retirement from which I had been union and brotherly affection may be birth or choice of a common country, reluctantly drawn. The strength of my perpetual; that the free constitution, that country has a right to concentrate inclination to do this, previous to the which is the work of your hands, may your affections. The name of American, last election, had even led to the prepa- be sacredly maintained; that its admin- which belongs to you in your national ration of an address to declare it to istration in every department may be capacity, must always exalt the just you; but mature reflection on the then stamped with wisdom and virtue; that, pride of patriotism more than any ap- perplexed and critical posture of our in fine, the happiness of the people of pellation derived from local discrimi- affairs with foreign nations, and the these states, under the auspices of lib- nations. With slight shades of dif- unanimous advice of persons entitled erty, may be made complete by so care- ference, you have the same religion, to my confidence, impelled me to aban- ful a preservation and so prudent a use manners, habits, and political prin- don the idea. of this blessing as will acquire to them ciples. You have in a common cause I rejoice that the state of your con- the glory of recommending it to the ap- fought and triumphed together. The cerns external as well as internal, no plause, the affection, and adoption of independence and liberty you possess, longer renders the pursuit of inclina- every nation which is yet a stranger to are the work of joint councils and joint tion incompatible with the sentiment it. efforts—of common dangers, sufferings of duty or propriety; and am persuaded, Here, perhaps, I ought to stop. But a and successes. whatever partiality may be retained solicitude for your welfare, which can- But these considerations, however for my services, that in the present cir- not end but with my life, and the ap- powerfully they address themselves to

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.026 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S981 your sensibility, are greatly out- one ought to endear to you the preser- in all times, have experienced. Sensible weighed by those which apply more im- vation of the other. of this momentous truth, you have im- mediately to your interest. Here every These considerations speak a persua- proved upon your first essay, by the portion of our country finds the most sive language to every reflecting and adoption of a Constitution of govern- commanding motives for carefully virtuous mind, and exhibit the continu- ment, better calculated than your guarding and preserving the Union of ance of the Union as a primary object former, for an intimate Union and for the whole. of patriotic desire. Is there a doubt the efficacious management of your The North, in an unrestrained inter- whether a common government can common concerns. This government, course with the South, protected by the embrace so large a sphere? Let experi- the offspring of our own choice, equal laws of a common government, ence solve it. To listen to mere specu- uninfluenced and unawed, adopted finds in the productions of the latter, lation in such a case were criminal. We upon full investigation and mature de- great additional resources of maritime are authorized to hope that a proper liberation, completely free in its prin- and commercial enterprise, and pre- organization of the whole, with the ciples, in the distribution of its powers, cious materials of manufacturing in- auxiliary agency of governments for uniting security with energy, and con- dustry. The South, in the same inter- the respective subdivisions, will afford taining within itself a provision for its course, benefiting by the same agency a happy issue to the experiment. It is own amendment, has a just claim to of the North, sees its agriculture grow well worth a fair and full experiment. your confidence and your support. Re- and its commerce expand. Turning With such powerful and obvious mo- spect for its authority, compliance partly into its own channels the sea- tives to union, affecting all parts of our with its laws, acquiescence in its meas- men of the North, it finds its particular country, while experience shall not ures, are duties enjoined by the funda- navigation invigorated; and while it have demonstrated its imprac- mental maxims of true liberty. The contributes, in different ways, to nour- ticability, there will always be reason basis of our political systems is the ish and increase the general mass of to distrust the patriotism of those who right of the people to make and to the national navigation, it looks for- in any quarter may endeavor to weak- alter their constitutions of govern- ward to the protection of a maritime en its hands. ment.—But the Constitution which at strength to which itself is unequally In contemplating the causes which any time exists, until changed by an adapted. The East, in a like intercourse may disturb our Union, it occurs as explicit and authentic act of the whole with the West, already finds, and in the matter of serious concern, that any people, is sacredly obligatory upon all. progressive improvement of interior ground should have been furnished for The very idea of the power, and the communications by land and water will characterizing parties by geographical right of the people to establish govern- more and more find a valuable vent for discriminations—northern and south- ment, presupposes the duty of every in- the commodities which it brings from ern—Atlantic and western; whence de- dividual to obey the established gov- abroad or manufactures at home. The signing men may endeavor to excite a ernment. West derives from the East supplies req- belief that there is a real difference of All obstructions to the execution of uisite to its growth and comfort—and local interests and views. One of the the laws, all combinations and associa- what is perhaps of still greater con- expedients of party to acquire influ- tions under whatever plausible char- sequence, it must of necessity owe the ence within particular districts, is to acter, with the real design to direct, secure enjoyment of indispensable out- misrepresent the opinions and aims of control, counteract, or awe the regular lets for its own productions to the other districts. You cannot shield deliberation and action of the con- weight, influence, and the future mari- yourself too much against the stituted authorities, are destructive of time strength of the Atlantic side of jealousies and heart burnings which this fundamental principle, and of fatal the Union, directed by an indissoluble spring from these misrepresentations. tendency. They serve to organize fac- community of interest as one nation. They tend to render alien to each other tion; to give it an artificial and ex- Any other tenure by which the West those who ought to be bound together traordinary force; to put in the place of can hold this essential advantage, by fraternal affection. The inhabitants the delegated will of the nation the whether derived from its own separate of our western country have lately had will of a party, often a small but artful strength or from an apostate and un- a useful lesson on this head. They have and enterprising minority of the com- natural connection with any foreign seen, in the negotiation by the execu- munity; and, according to the alter- power, must be intrinsically precar- tive—and in the unanimous ratifica- nate triumphs of different parties, to ious. tion by the Senate—of the treaty with make the public administration the While then every part of our country Spain, and in the universal satisfaction mirror of the ill concerted and incon- thus feels an immediate and particular at that event throughout the United gruous projects of faction, rather than interest in union, all the parts com- States, a decisive proof how unfounded the organ of consistent and wholesome bined cannot fail to find in the united were the suspicions propagated among plans digested by common councils, mass of means and efforts greater them of a policy in the general govern- and modified by mutual interests. How- strength, greater resource, proportion- ment and in the Atlantic states, un- ever combinations or associations of ably greater security from external friendly to their interests in regard to the above description may now and danger, a less frequent interruption of the Mississippi. They have been wit- then answer popular ends, they are their peace by foreign nations; and, nesses to the formation of two treaties, likely, in the course of time and what is of inestimable value! they must that with Great Britain and that with things, to become potent engines, by derive from union an exemption from Spain, which secure to them every- which cunning, ambitious, and unprin- those broils and wars between them- thing they could desire, in respect to cipled men will be enabled to subvert selves which so frequently afflict our foreign relations, towards con- the power of the people, and to usurp neighboring countries not tied together firming their prosperity. Will it not be for themselves the reins of govern- by the same government, which their their wisdom to rely for the preserva- ment; destroying afterwards the very own rivalships alone would be suffi- tion of these advantages on the Union engines which have lifted them to un- cient to produce, but which opposite by which they were procured? Will they just dominion. foreign alliances, attachments, and in- not henceforth be deaf to those advis- Towards the preservation of your trigues would stimulate and embitter. ers, if such they are, who would sever government and the permanency of Hence likewise, they will avoid the ne- them from their brethren and connect your present happy state, it is req- cessity of those overgrown military es- them with aliens? uisite, not only that you steadily dis- tablishments, which under any form of To the efficacy and permanency of countenance irregular opposition to its government are inauspicious to liberty, your Union, a government for the acknowledged authority but also that and which are to be regarded as par- whole is indispensable. No alliances, you resist with care the spirit of inno- ticularly hostile to republican liberty. however strict, between the parts can vation upon its principles, however spe- In this sense it is, that your Union be an adequate substitute. They must cious the pretext. One method of as- ought to be considered as a main prop inevitably experience the infractions sault may be to effect, in the forms of of your liberty, and that the love of the and interruptions which all alliances, the Constitution, alterations which

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.027 pfrm01 PsN: S25PT1 S982 CONGRESSIONAL RECORD — SENATE February 25, 2002 will impair the energy of the system one part against another, forments oc- of the duties of men and citizens. The and thus to undermine what cannot be casional riot and insurrection. It opens mere politician, equally with the pious directly overthrown. In all the changes the door to foreign influence and cor- man, ought to respect and to cherish to which you may be invited, remem- ruption, which finds a facilitated ac- them. A volume could not trace all ber that time and habit are at least as cess to the government itself through their connections with private and pub- necessary to fix the true character of the channels of party passions. Thus lic felicity. Let it simply be asked governments as of other human insti- the policy and the will of one country where is the security for property, for tutions, that experience is the surest are subjected to the policy and will of reputation, for life, if the sense of reli- standard by which to test the real another. gious obligation desert the oaths, which tendency of the existing constitution There is an opinion that parties in are the instruments of investigation in of a country, that facility in changes free countries are useful checks upon courts of justice? And let us with cau- upon the credit of mere hypotheses and the administration of the government, tion indulge the supposition that mo- opinion exposes to perpetual change and serve to keep alive the spirit of lib- rality can be maintained without reli- from the endless variety of hypotheses erty. This within certain limits is prob- gion. Whatever may be conceded to the and opinion; and remember, especially, ably true—and in governments of a influence of refined education on minds that for the efficient management of monarchial cast, patriotism may look of peculiar structure, reason and expe- your common interests in a country so with indulgence, if not with favor, rience both forbid us to expect that na- extensive as ours, a government of as upon the spirit of party. But in those of tional morality can prevail in exclu- much vigor as is consistent with the the popular character, in governments sion of religious principle. perfect security of liberty is indispen- purely elective, it is a spirit not to be It is substantially true, that virtue sable; liberty itself will find in such a encouraged. From their natural tend- or morality is a necessary spring of government, with powers properly dis- ency, it is certain there will always be popular government. The rule, indeed, tributed and adjusted, its surest guard- enough of that spirit for every salutary extends with more or less force to ian. It is indeed little else than a name, purpose. And there being constant dan- every species of free government. Who where the government is too feeble to ger of excess, the effort ought to be by that is a sincere friend to it can look withstand the enterprises of fraction, force of public opinion to mitigate and with indifference upon attempts to to confine each member of the society assuage it. A fire not to be quenched, it shake the foundation of the fabric? within the limits prescribed by the demands a uniform vigilance to pre- Promote, then, as an object of pri- laws, and to maintain all in the secure vent it bursting into a flame, lest in- mary importance, institutions for the and tranquil enjoyment of the rights of stead of warming, it should consume. general diffusion of knowledge. In pro- person and property. It is important likewise, that the portion as the structure of a govern- I have already intimated to you the habits of thinking in a free country ment gives force to public opinion, it is danger of parties in the state, with par- should inspire caution in those en- essential that the public opinion ticular reference to the founding of trusted with its administration to con- should be enlightened. them on geographical discriminations. fine themselves within their respective As a very important source of Let me now take a more comprehen- constitutional spheres, avoiding in the strength and security, cherish public sive view and warn you in the most sol- exercise of the powers of one depart- credit. One method of preserving it is emn manner against the baneful effects ment to encroach upon another. The to use it as sparingly as possible, of the spirit of party, generally. spirit of encroachment tends to con- avoiding occasions of expense by culti- This spirit, unfortunately, is insepa- solidate the powers of all the depart- vating peace, but remembering, also, rable from our nature, having its root ments in one, and thus to create, what- that timely disbursements, to prepare in the strongest passions of the human ever the form of government, a real for danger, frequently prevent much mind. It exists under different shapes despotism. A just estimate of that love greater disbursements to repel it; in all governments, more or less sti- of power and proneness to abuse it avoiding likewise the accumulation of fled, controlled, or repressed; but in which predominates in the human debt, not only by shunning occasions of those of the popular form it is seen in heart is sufficient to satisfy us of the expense, but by vigorous exertions in its greatest rankness, and is truly their truth of this position. The necessity of time of peace to discharge the debts worst enemy. reciprocal checks in the exercise of po- which unavoidable wars may have oc- The alternate domination of one fac- litical power, by dividing and distrib- casioned, not ungenerously throwing tion over another, sharpened by the uting it into different depositories, and upon posterity the burden which we spirit of revenge natural to party dis- constituting each the guardian of the ourselves ought to bear. The execution sension, which in different ages and public weal against invasions of the of these maxims belongs to your rep- countries has perpetrated the most others, has been evinced by experi- resentatives, but it is necessary that horrid enormities, is itself a frightful ments ancient and modern, some of public opinion should cooperate. To fa- despotism. But this leads at length to a them in our country and under our own cilitate to them the performance of more formal and permanent despotism. eyes. To preserve them must be as nec- their duty, it is essential that you The disorders and miseries which re- essary as to institute them. If, in the should practically bear in mind that sult gradually incline the minds of men opinion of the people, the distribution towards the payment of debts there to seek security and repose in the abso- or modification of the constitutional must be revenue; that to have revenue lute power of an individual; and, sooner powers be in any particular wrong, let there must be taxes; that no taxes can or later, the chief of some prevailing it be corrected by an amendment in the be devised which are not more or less faction, more able or more fortunate way which the Constitution designates. inconvenient and unpleasant; that the than his competitors, turns this dis- But let there be no change by usurpa- intrinsic embarrassment inseparable position to the purpose of his own ele- tion; for though this, in one instance, from the selection of the proper objects vation on the ruins of public liberty. may be the instrument of good, it is (which is always a choice of difficul- Without looking forward to an ex- the customary weapon by which free ties) ought to be a decisive motive for tremity of this kind, (which neverthe- governments are destroyed. The prece- a candid construction of the conduct of less ought not to be entirely out of dent must always greatly overbalance the government in making it, and for a sight) the common and continual mis- in permanent evil any partial or tran- spirit of acquiescence in the measures chiefs of the spirit of party are suffi- sient benefit which the use can at any for obtaining revenue, which the public cient to make it in the interest and time yield. exigencies may at any time dictate. duty of a wise people to discourage and Of all the dispositions and habits Observe good faith and justice to- restrain it. which lead to political prosperity, reli- wards all nations; cultivate peace and It serves always to distract the pub- gion and morality are indispensable harmony with all; religion and moral- lic councils, and enfeeble the public ad- supports. In vain would that man claim ity enjoin this conduct, and can it be ministration. It agitates the commu- the tribute of patriotism, who should that good policy does not equally en- nity with ill founded jealousies and labor to subvert these great pillars of join it? It will be worthy of a free, en- false alarms, kindles the animosity of human happiness, these firmest props lightened, and, at no distant period, a

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.027 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S983 great nation, to give to mankind the for public opinion, or a laudable zeal and prosperity in the toils of European magnanimous and too novel example of for public good, the base or foolish ambition, rivalship, interest, humor, or a people always guided by an exalted compliances of ambition, corruption, caprice? justice and benevolence. Who can doubt or infatuation. It is our true policy to steer clear of but, in the course of time and things As avenues to foreign influence in in- permanent alliance with any portion of the fruits of such a plan would richly numerable ways, such attachments are the foreign world—so far, I mean, as we repay any temporary advantages which particularly alarming to the truly en- are now at liberty to do it, for let me might be lost by a steady adherence to lightened and independent patriot. How not be understood as capable of patron- it? Can it be that Providence has not many opportunities do they afford to izing infidelity to existing engage- connected the permanent felicity of a tamper with domestic factions, to prac- ments. (I hold the maxim no less appli- nation with its virtue? The experiment, tice the arts of seduction, to mislead cable to public than private affairs, at least, is recommended by every sen- public opinion, to influence or awe the that honesty is always the best pol- timent which ennobles human nature. public councils! Such an attachment of icy)—I repeat it, therefore, let those Alas! is it rendered impossible by its a small or weak towards a great and engagements be observed in their gen- vices? powerful nation, dooms the former to uine sense. But in my opinion, it is un- In the execution of such a plan noth- be the satellite of the latter. necessary, and would be unwise to ex- ing is more essential than that perma- Against the insidious wiles of foreign tend them. nent, inveterate antipathies against influence (I conjure you to believe me, Taking care always to keep our- particular nations and passionate at- fellow citizens) the jealousy of a free selves, by suitable establishments, on a tachment for others should be excluded people ought to be constantly awake, respectable defensive posture, we may and that in place of them just and ami- since history and experience prove, safely trust to temporary alliances for cable feelings towards all should be that foreign influence is one of the extraordinary emergencies. Harmony, liberal intercourse with all cultivated. The nation which indulges most baneful foes of republican govern- towards another an habitual hatred, or nations, are recommended by policy, ment. But that jealously to be useful humanity, and interest. But even our an habitual fondness, is in some degree must be impartial; else it becomes the a slave. It is a slave to its animosity, commercial policy should hold an instrument of the very influence to be equal and impartial hand: neither seek- or to its affection, either of which is avoided, instead of a defense against it. sufficient to lead it astray from its ing nor granting exclusive favors or Excessive partiality for one foreign na- preferences; consulting the natural duty and its interest. Antipathy in one tion and excessive dislike for another course of things; diffusing and diversi- nation against another disposes each cause those whom they actuate to see fying by gentle means the streams of more readily to offer insult and injury, danger only on one side, and serve to commerce but forcing nothing; estab- to lay hold of slight causes of umbrage, veil and even second the arts of influ- lishing with powers so disposed, in and to be haughty and intractable ence on the other. Real patriots, who order to give trade a stable course—in when accidental or trifling occasions may resist the intrigues of the favor- order to give to trade a stable course, of dispute occur. Hence frequent colli- ite, are liable to become suspected and to define the rights of our merchants, sions, obstinate, envenomed, and odious, while its tools and dupes usurp and to enable the government to sup- bloody contests. The nation, prompted the applause and confidence of the peo- port them, conventional rules of inter- by ill will and resentment, sometimes ple to surrender their interests. course, the best that present cir- impels to war the government, con- The great rule of conduct for us in re- cumstances and mutual opinion will trary to the best calculations of policy. gard to foreign nations is, in extending permit, but temporary, and liable to be The government sometimes partici- our commercial relations, to have with from time to time abandoned or varied pates in the national propensity and them as little political connection as as experience and circumstances shall adopts through passion what reason possible. So far as we have already dictate; constantly keeping in view, would reject; at other times, it makes formed engagements, let them be ful- that it is folly in one nation to look for the animosity of the nation’s subser- filled with perfect good faith. Here let disinterested favors from another— vient to projects of hostility, insti- us stop. that is must pay with a portion of its gated by pride, ambition and other sin- Europe has a set of primary inter- independence for whatever it may ac- ister and pernicious motives. The peace ests, which to us have none or a very cept under that character—that by often, sometimes perhaps the liberty of remote relation. Hence, she must be such acceptance, it may place itself in nations, has been the victim. engaged in frequent controversies, the the condition of having given equiva- So likewise, a passionate attachment causes of which are essentially foreign lents for nominal favors and yet of of one nation for another produces a to our concerns. Hence therefore it being reproached with ingratitude for variety of evils. Sympathy for the fa- must be unwise in us to implicate our- not giving more. There can be no great- vorite nation, facilitating the illusion selves, by artificial ties, in the ordi- er error than to expect or calculate of an imaginary common interest in nary vicissitudes of her politics or the upon real favors from nation to nation. cases where no real common interest ordinary combinations and collisions of It is an illusion which experience must exists and infusing into one the enmi- her friendships or enmities. cure, which a just pride ought to dis- ties of the other, betrays the former Our detached and distant situation card. into a participation in the quarrels and invites and enables us to pursue a dif- In offering to you, my countrymen, wars of the latter, without adequate in- ferent course. If we remain one people, these counsels of an old and affec- ducements or justifications. It leads under an efficient government, the pe- tionate friend, I dare not hope they also to concessions, to the favorite na- riod is not far off when we may defy will make the strong and lasting im- tion of privileges denied to others, material injury from external annoy- pression I could wish—that they will which is apt doubly to injure the na- ance; when we may take such an atti- control the usual current of the pas- tion making the concessions, by unnec- tude as will cause the neutrality we sions or prevent our nation from run- essarily parting with what ought to may at any time resolve upon to be ning the course which has hitherto have been retained and by exciting scrupulously respected; when bellig- marked the destiny of nations. But if I jealously, ill will, and a disposition to erent nations, under the impossibility may even flatter myself that they may retaliate in the parties from whom of making acquisitions upon us, will be productive of some partial benefit, equal privileges are withheld. And it not lightly hazard the giving us provo- some occasional good, that they may gives to ambitious, corrupted or de- cation, when we may choose peace or now and then recur to moderate the luded citizens (who devote themselves war, as our interest guided by justice fury of party spirit, to warn against to the favorite nation) facility to be- shall counsel. the mischiefs of foreign intrigue, to tray or sacrifice the interests of their Why forgo the advantages of so pecu- guard against the impostures of pre- own country, without odium, some- liar a situation? Why quit our own to tended patriotism—this hope will be a times even with popularity gilding stand upon foreign ground? Why, by full recompense for the solicitude for with the appearances of virtuous sense interweaving our destiny with that of your welfare by which they have been of obligation, a commendable deference any part of Europe, entangle our peace dictated.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.027 pfrm01 PsN: S25PT1 S984 CONGRESSIONAL RECORD — SENATE February 25, 2002 How far in the discharge of my offi- in which I promise myself to realize aisle that they would use Social Secu- cial duties, I have been guided by the without alloy the sweet enjoyment of rity as a political club for the purposes principles which have been delineated, partaking in the midst of my fellow of attacking Members of my side of the the public records and other evidences citizens the benign influence of good aisle. of my conduct must witness to you and laws under a free government—the ever This is now unique. It is not new. In to the world. To myself, the assurance favorite object of my heart, and the fact, when I served in the House of Rep- of my own conscience is, that I have, at happy reward, as I trust, of our mutual resentatives, I had the good fortune to least, believed myself to be guided by cares, labors and dangers. serve under a very strong leader of the them. GEO. WASHINGTON. House, Congressman ‘‘Tip’’ O’Neill In relation to the still subsisting war UNITED STATES, from Massachusetts, and I got to know in Europe, my proclamation of the 22d 17th September, 1796. him personally while we didn’t nec- essarily agree on everything. But I got of April 1793 is the index to my plan. f Sanctioned by your approving voice to know him very well, and he was and by that of your representatives in MORNING BUSINESS from neighboring states. I once asked both houses of Congress, the spirit of The PRESIDENT pro tempore. Under what was going to be the issues that we that measure has continually governed the previous order, there will now be a would hear about as Republicans run- me, uninfuenced by any attempts to period for the transaction of morning ning in the next election. I think this deter or divert me from it. business, not to extend beyond the was in 1986, 1985. And he told me, we After deliberate examination with hour of 2 p.m., with Senators permitted were going to hear about three issues the aid of the best lights I could ob- to speak therein for up to 10 minutes from his folks. No. 1, we were going to tain, I was well satisfied that our coun- each. hear about Social Security. No. 2, we try, under all the circumstances of the The Chair, in his capacity as the Sen- were going to hear about Social Secu- case, had a right to take, and was ator from the State of West Virginia, rity. And No. 3, we were going to hear bound in duty and interest to take—a suggests the absence of a quorum. about Social Security. neutral position. Having taken it, I de- The clerk will call the roll. And, unfortunately, that’s the way it termined, as far as should depend upon The assistant legislative clerk pro- proceeded. But that’s not constructive me, to maintain it with moderation, ceeded to call the roll. to resolving the issue of Social Secu- perseverance and firmness. Mr. GREGG. Mr. President, I ask rity. In this Congress, in the Senate es- The considerations which respect the unanimous consent that the order for pecially, we have had a number of peo- right to hold this conduct it is not nec- the quorum call be rescinded. ple who have attempted from both essary on this occasion to detail. I will The PRESIDENT pro tempore. With- sides of the aisle to be positive and only observe that, according to my un- out objection, it is so ordered. constructive forces on resolving issues derstanding of the matter, that right, Mr. GREGG. Mr. President, are we in of Social Security, but politicizing it so far from being denied by any of the morning business? certainly doesn’t accomplish that. In fact, the recent commission which belligerent powers, has been virtually The PRESIDENT pro tempore. The it appears this letter was built around admitted by all. Senate is in morning business. as a purpose of attack, was headed by The duty of holding a neutral con- Mr. GREGG. I seek recognition under the former Senator from this body, duct may be inferred, without anything morning business. Senator Moynihan, who was an ex- more, from the obligation which jus- The PRESIDING OFFICER (Mrs. LIN- tremely positive force for good gov- tice and humanity impose on every na- COLN). The Senator is recognized. erning in this country. I again didn’t tion, in cases in which it is free to act, Mr. GREGG. Madam President, I rise always agree with Senator Moynihan to maintain inviolate the relations of to speak about an issue that I have spoken about a number of times on the but I admired him as a Senator and as peace and amity towards other nations. a thoughtful person on public policy. The inducements of interest for ob- floor in my term of office, and that is The commission which was headed by serving that conduct will best be re- the issue of Social Security and how we Senator Moynihan appears—and which ferred to your own reflections and ex- reform it and how we make it solvent. put forward a series of proposals as to perience. With me, a predominant mo- I would make it a system that con- how we could address the Social Secu- tive has been to endeavor to gain time tinues to support our senior citizens as rity issue—appears to be the focal they retire. And more importantly, it to our country to settle and mature its point which is going to be used to try addresses—or equally importantly, it yet recent institutions and to progress, to leapfrog into an issue of politics on addresses the needs of the next genera- without interruption to that degree of the question of Social Security. strength and consistency which is nec- tion, a very large generation, as it This is unfortunate because that essary to give it, humanly speaking, heads into retirement and does so in a commission attempted in a sincere and the command of its own fortunes. solvent way, a way that doesn’t bank- aggressive way to be a positive force Though in reviewing the incidents of rupt either our Nation or leave our sen- for a discussion on the issue of how to my administration I am unconscious of ior citizens without adequate resources make Social Security solvent. intentional error, I am nevertheless to live a good life once they retire. Let’s return to the fundamental un- too sensible of my defects not to think I was extraordinarily disappointed, derlying problems involved in the So- it probable that I may have committed extraordinarily disappointed, to read cial Security debate, and how we ad- many errors. Whatever they may be, I an article in the Washington Post dress them. To begin with, there is the fervently beseech the Almighty to which was picked up, I guess, in a vari- question of the Social Security trust avert or mitigate the evils to which ety of different ways by different news fund. It is a concept which has been they may tend. I shall also carry with sources, so it was not unique to the created over the years, under which me the hope that my country will Post’s view. It was entitled ‘‘Demo- citizens who pay into Social Security never cease to view them with indul- crats View Social Security as Election have a right to put a claim against. As gence and that, after forty-five years of Issue’’ and it went on to talk about a a practical matter, there is no trust my life dedicated to its service with an letter that had been sent jointly by the fund. We all know that. What senior upright zeal, the faults of incompetent minority leader of the House, Congress- citizens have in our country is a right abilities will be consigned to oblivion, man GEPHARDT, and the majority lead- to claim on younger citizens, working as myself must soon be to the man- er of the Senate, Senator DASCHLE, citizens of our country the right to a sions of rest. which essentially raised the red shirt certain amount of their tax dollars to Relying on its kindness in this as in of Social Security, and basically laid support them, the senior citizens in re- other things, and actuated by that fer- out a political agenda versus a sub- tirement. vent love towards it which is so nat- stantive issue for correcting the prob- That is the basic agreement that has ural to a man who views in it the na- lems which we face in Social Security. been reached under the terms of Social tive soil of himself and his progenitors It is extraordinarily ironic but unfortu- Security. What you pay into the Social for several generations, I anticipate nately consistent with the policies of Security system has absolutely no re- with pleasing expectation that retreat, some Members of the other side of the lationship to what you get out of the

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.027 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S985 Social Security system in the long run. And now, of course, we are, as I men- should we allow people to keep some For example, if you were a senior cit- tioned, in a period of surplus, so there small percentage of the taxes they are izen today who retired in the mid-1960s is enough money there to pay the older paying in today and allow them to take or late 1970s, or late 1960s or late 1970s generation the benefits it needs. But that money and put it into some in- or even into the 1980s, you essentially beginning—and this is where the prob- vestment vehicle which would be con- paid into the system only a fraction, a lem starts—in the year 2008 when the trolled by the Social Security Adminis- fraction of what you have received baby-boom generation starts to retire tration. It would be much like the— back from the system in the form of and accelerate rather dramatically as what we as government employees benefits. Ironically, if you happen to be the full baby-boom generation retires have, a Federal thrift savings plan. It a young person working today, say by the year 2015, we will see the actual would be a market basket of some sort you’re in your 20s, especially if you’re cash flow into the Social Security sys- of securities, very risk averse securi- an African American, what you are tem not meeting the demands of the ties, securities that don’t have a lot of going to pay into the system for what system. risk. You would have three or four or you’re going to get back from the sys- In other words, we have a higher cost maybe five choices. tem is going to be more, actually more for benefits than we have payments Allow people to take a small percent- in the terms of taxes than what you coming in under the Social Security age of their Social Security tax which will receive in benefits. taxes. And so once again we will be in they are paying in today which is not So it really doesn’t depend on how a situation as we were in the mid-1970s being used to support the Social Secu- much you paid into the system as to and mid-1980s where the American rity benefit but is instead being used what you received in the system. It de- worker, younger Americans will be today to operate the general govern- pends more on when you were born and asked to pay additional taxes in order ment and take that small percentage, 2 percent in most cases is what has been when you started contributing to the to support people who have retired in talked about out after 12.5 percent tax system and when you retire. And that’s order to maintain their benefit level. burden, take that small percentage and why the system rather than being a This will be a significant issue for us put it into an asset which you, the fully funded system, essentially is a as a country. And this is the issue that wage earner, the working American, system which says to one generation, the Moynihan Commission tried to ad- dress, the fact that beginning in the would actually own. It would be yours. you shall support the older generation. You wouldn’t have to depend on the To put it another way, rather than year 2008, we will be back into a nega- Federal Government, the largess of the owning assets, what the Social Secu- tive cash flow from a standpoint of So- Federal Government to exist; you rity system owes is the right to raise cial Security taxes, and we have got to wouldn’t have to depend on the good- do something in order to maintain the and take taxes from working Ameri- ness of a bunch of folks here in the benefits to senior citizens and give cans. And to use those taxes to pay for Senate to exist. It would physically be them and assure them the promise that the benefits of people who are retired. your money. And if you happen to die we have made to them. And the Moy- That is what the Social Security sys- before you reached age 59 or 60, that tem essentially owns. nihan Commission pointed out that would go to your children, or to your Throughout the 1990s and even today this is not going to be like the 1970 and family or to whoever else you wanted or most of the 1990s, beginning the 1980 period. This is going to be a much it to go to. Under today’s law, of early part of the 1990s, the Social Secu- more severe stress on the system be- course, if you happen to work all your rity system began taking in a lot more cause ironically, the size of the retiring life and you have the misfortune of get- money than it was paying out. So you generation will be the largest in the ting hit by a truck when you are 59, might say, well, where did that money history of our country. you get absolutely nothing out of the To try to put it in perspective, in go? Isn’t that money sitting there as Social Security system and your wife 1940, there were 100 people paying into an asset which a senior citizen down gets very little on top of that. This the system to support one retiree. In the road can take advantage of? Actu- would allow you to actually own that 1950, there were 16 people working and ally, no, it is not. asset. It would allow all Americans to Where that money went was to oper- paying taxes into the system for every actually realize wealth because every ate the Federal Government. For years person who was retired and taking ben- American would have a savings ac- the Social Security excess payments efits out of it. By 1990, we were down to count with real assets in it that could were used to pay for the day-to-day op- 3.5 people paying into the system. For be used for their retirement. eration of the government. And in ex- every one person taking out. So we But what does the rear of the other change for that, the Social Security have gone to a pyramid to almost a side of the aisle do? When a very re- system received a note, a debt from the rectangle. Well, by the year 2020, be- sponsible former Senator of this body Federal Government. What did that tween 2015 and 2020, we’re essentially puts out talking points, simply talking mean? That debt essentially meant going to be at a rectangle. There are points as part of a commission resolu- that when the Social Security system only going to be two people paying into tion for how we might address one needed money, they could come to the the system for every one person taking small part of what is going to be the General Treasury or the taxpayers of out because this huge population boom most severe fiscal and cultural issue we America, and say, pay us on this note. that came after the end of World War face as a country, particularly as we But when the notes weren’t there dur- II, the post-war baby boom of which I head into the next decade? They start ing that period from about 1975 to am a member, President Clinton is a waving the red shirt. They start accus- about 1987 when the Social Security member. This generation is so large ing everybody of trying to steal from system was running a deficit—in other that it simply is overwhelming the sys- senior citizens or trying to manipulate words, it was taking in less money in tem. the system to wipe out the benefits of taxes than it was paying out—during The point that the Moynihan Com- senior citizens. They start scaring peo- that period when the Social Security mission was trying to make is we have ple. How totally irresponsible can you system had no notes to theoretically got to start planning for this. As a gov- be? repossess or reclaim or get back, the ernment and as a culture or we are And then they say this is going to be benefit payments continued to be going to suffer an extremely severe sit- their policy as a party. They say the made. uation. And so they put forward three Democrats have used Social Security And it was tied not to the fact that or four fairly reasonable proposals as the election issue. Well, we probably there was a note but it was tied to the dealing with a very narrow part of the should debate Social Security as an fact that the American public believed resolution of the problem. Specifically, election issue. We ought to debate it that there was a standard of living and whether or not today when we are run- responsibly. We ought to talk about a standard of benefit which should be ning a surplus in the system—in other ideas like those that Senator Moy- maintained for people who are retired. words, when people are paying in more nihan has proposed, like Senator Bob And so the younger generation paid ad- taxes than are necessary to support the Kerrey proposed from the other side of ditional taxes to support the older gen- benefits, should those taxes be used to the aisle, like Senator BREAUX has pro- eration. support the general government, or posed from the other side of the aisle,

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.038 pfrm01 PsN: S25PT1 S986 CONGRESSIONAL RECORD — SENATE February 25, 2002 like former Senator Robb proposed on is very clear is that a number have The bill (H.R. 3699) was read the third the other side of the aisle. stepped forward to pick up the flag of time and passed. Those are the exact same ideas that Tip O’Neill and the National Demo- f Senator Moynihan proposed and yet cratic Party, as they try to polarize CHILD PASSENGER PROTECTION when Senator Moynihan’s commission the American public on this issue. At ACT proposes them, they suddenly become the expense of a resolution of the issue, an issue of partisan nature that should and one wonders what we’re going to Mr. REID. Madam President, I ask be driven as a political issue and we say to senior citizens who retire in the unanimous consent that the Senate will once again see those envelopes years 2015 and 2017, when we will be in proceed to the consideration of S. 980, come out that are made to look like a crisis. One wonders what we are Calendar No. 317. Social Security checks which say ur- going to say to our children who are The PRESIDING OFFICER. The gent, open quickly, and when you open working today and are coming into the clerk will report the bill by title. them, there will be a form from the working place and will have to have The legislative clerk read as follows: Democratic National Committee tell- their taxes increased radically in order A bill (S. 980) to provide for the improve- ing us, you are about to lose you Social to meet the obligations of Social Secu- ment of the safety of child restraints in pas- Security because the evil President and rity. One wonders what you’re going to senger motor vehicles, and for other pur- his commission headed up by Senator say to the person, especially the Afri- poses. Pat Moynihan—they may not mention can-American who’s in their 20s today, There being no objection, the Senate that—has suggested that a percentage who has a likelihood that they will get proceeded to consider the bill, which of the money that is being paid today, less back from Social Security than had been reported from the Committee not by you the recipient but by work- what they paid into it. What are you on Commerce, Science, and Transpor- ers which is not only for you, the re- going to say to the person coming into tation with an amendment in the na- cipient to get your benefits but is also the work place who will have essen- ture of a substitute to strike out all important for those workers to get tially no assets when they retire? after the enacting clause and insert in theirs when they retire, and that a per- Senator Moynihan and his commis- lieu thereof the following: centage might be used as a savings ac- sion has suggested you say to them, let SECTION 1. SHORT TITLE. count owned by individuals in America, them start to build a nest egg that is This Act may be cited as the ‘‘Anton’s Law’’. owned by the people who are paying ex- in addition to the Social Security ben- SEC. 2. IMPROVEMENT OF SAFETY OF CHILD RE- cess taxes and Social Security today. efit, a guaranteed Social Security ben- STRAINTS IN PASSENGER MOTOR VE- HICLES. We will get those letters. And you will efit. But even as moderate a proposal (a) IN GENERAL.—Not later than 12 months get the phone calls at dinner time say- as that, which was not even put out in after the date of the enactment of this Act, the ing your Social Security is going to be the form of legislative language, is at- Secretary of Transportation shall initiate a rule- lost if you’re a senior citizen. tacked in the most flagrantly partisan making proceeding to establish performance re- And once again, we will have an ap- manner by the leadership of the House quirements for child restraints, including boost- proach to Social Security which does and the Senate. It is going to be hard er seats, for the restraint of children weighing absolutely nothing to address this crit- to make substantive progress on the more than 50 pounds. ical public policy question but does a issue of Social Security if this is going (b) ELEMENTS FOR CONSIDERATION.—In the rulemaking proceeding required by subsection great deal to poison the well so that it to be the reaction of Senator DASCHLE can’t be addressed constructively. This (a), the Secretary shall— and Congressman GEPHARDT. (1) consider whether to include injury per- is such a crucial issue of public policy. The PRESIDING OFFICER. The formance criteria for child restraints, including It is absolutely inexcusable that it is clerk will call the roll. booster seats and other products for use in pas- being promoted and addressed in such a The legislative clerk proceeded to senger motor vehicles for the restraint of chil- smear manner—cavalier manner. Lis- call the roll. dren weighing more than 40 pounds, under the ten to this language. The dangers of Mr. REID. Madam President, I ask requirements established in the rulemaking pro- Social Security privatization has been unanimous consent that the order for ceeding; tragically illustrated in recent months the quorum call be rescinded. (2) consider whether to establish performance by the fate of the Enron employees who The PRESIDING OFFICER. Without requirements for seat belt fit when used with booster seats and other belt guidance devices; lost their savings when Enron col- objection, it is so ordered. (3) consider whether to develop a solution for lapsed. How outrageously demagogic f children weighing more than 40 pounds who can you be to make that type of a CONTINUUM OF CARE ASSISTANCE only have access to seating positions with lap statement as an attack on the Moy- belts, such as allowing tethered child restraints nihan proposal? FOR HOMELESS INDIVIDUAL AND for such children; and The Moynihan proposal didn’t sug- FAMILIES (4) review the definition of the term ‘‘booster gest investing in a single company. Mr. REID. Madam President, I ask seat’’ in Federal motor vehicle safety standard Just the opposite in fact. It suggested unanimous consent that the Com- No. 213 under section 571.213 of title 49, Code of that a basket be used, a basket which mittee on Banking, Housing, and Federal Regulation, to determine if it is suffi- ciently comprehensive. would be under the supervision most Urban Affairs be discharged from fur- (c) COMPLETION.—The Secretary shall com- likely of the Social Security Adminis- ther consideration of H.R. 3699, and the plete the rulemaking proceeding required by tration. But because Enron has become Senate proceed to its consideration. subsection (a) not later than 30 months after the the classic poster boy and appro- The PRESIDING OFFICER. Without date of the enactment of this Act. priately so for fraudulent activity in objection, it is so ordered. The clerk SEC. 3. REPORT ON DEVELOPMENT OF CRASH the marketplace, there is an attempt will report the bill by title. TEST DUMMY SIMULATING A 10-YEAR here to merge the issue of Social Secu- The legislative clerk read as follows: OLD CHILD. Not later than 120 days after the date of the rity and making it solvent for the next A bill (H.R. 3699) to revise certain grants enactment of this Act, the Secretary of Trans- for continuum of care assistance for home- generation with Enron. Pure des- portation shall submit to the Committee on Com- less individual and families. picable, political demagoguery which merce, Science, and Transportation of the Sen- makes one wonder if there is anybody There being no objection, the Senate ate and the U.S. House of Representatives Com- in the leadership of the Democratic proceeded to consider the bill. mittee on Energy and Commerce a report on the Party, at the National Committee or in Mr. REID. Madam President, I ask current schedule and status of activities of the the Congress who actually wants to unanimous consent that the bill be Department of Transportation to develop, evalu- solve the problem. I suspect there are read a third time and passed without ate, and certify a commercially available dummy very few. any intervening action or debate, that that simulates a 10-year old child for use in test- It appears most of the Senators on the motion to reconsider be laid upon ing the effectiveness of child restraints used in passenger motor vehicles. that side who did want to solve the the table, and that any statements re- SEC. 4. REQUIREMENTS FOR INSTALLATION OF problem have decided to leave the Sen- lating to the bill be printed in the LAP AND SHOULDER BELTS. ate, unfortunately, and nobody has RECORD. (a) IN GENERAL.—Not later than 24 months stepped forward other than Senator The PRESIDING OFFICER. Without after the date of the enactment of this Act, the BREAUX, to pick up the flag. But what objection, it is so ordered. Secretary of Transportation shall complete a

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.040 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S987 rulemaking proceeding to amend Federal motor Indian tribe, as the case may be, under this sec- Mr. REID. Madam President, I ask vehicle safety standard No. 208 under section tion to carry out child passenger protection pro- unanimous consent that the substitute 571.208 of title 49, Code of Federal Regulations, grams for children under the age of 16 years, in- amendment be agreed to, the bill, as relating to occupant crash protection, in order cluding programs for purposes as follows: amended, be read three times and to— ‘‘(A) To educate the public concerning the (1) require a lap and shoulder belt assembly proper use and installation of child restraints, passed, the motion to reconsider be for each rear designated seating position in a including booster seats. laid upon the table, and any state- passenger motor vehicle with a gross vehicle ‘‘(B) To train and retain child passenger safe- ments relating to the bill be printed in weight rating of 10,000 pounds or less, except ty professionals, police officers, fire and emer- the RECORD. that if the Secretary determines that installation gency medical personnel, and educators con- The PRESIDING OFFICER. Without of a lap and shoulder belt assembly is not prac- cerning all aspects of the use of child restraints. objection, it is so ordered. ‘‘(C) To provide child restraint systems, in- ticable for a particular designated seating posi- The committee amendment in the tion in a particular type of passenger motor ve- cluding booster seats and the hardware needed hicle, the Secretary may exclude the designated for their proper installation, to families that nature of a substitute was agreed to. seating position from the requirement; and cannot otherwise afford such systems. The bill (S. 980), as amended, was (2) apply that requirement to passenger motor ‘‘(D) To support enforcement of the child re- read the third time and passed. vehicles in phases in accordance with subsection straint law concerned. Mr. REID. Madam President, I sug- (b). ‘‘(2) LIMITATION ON FEDERAL SHARE.—The gest the absence of a quorum. (b) IMPLEMENTATION SCHEDULE.—The require- Federal share of the cost of a program under The PRESIDING OFFICER. The paragraph (1) that is carried out using amounts ment prescribed under subsection (a)(1) shall be clerk will call the roll. implemented in phases on a production year from a grant under this section may not exceed basis beginning with the production year that 80 percent of the cost of the program. The legislative clerk proceeded to begins not later than 12 months after the end of ‘‘(e) ADMINISTRATIVE EXPENSES.—The amount call the roll. the year in which the regulations are prescribed of administrative expenses under this section in Ms. COLLINS. Madam President, I under subsection (a). The final rule shall apply any fiscal year may not exceed the amount ask unanimous consent that the order to all passenger motor vehicles with a gross ve- equal to five percent of the amount available for for the quorum call be rescinded. hicle weight rating of 10,000 pounds or less that making grants under this section in the fiscal The PRESIDING OFFICER. Without are manufactured in the third production year year. ‘‘(f) APPLICABILITY OF CHAPTER 1.—The pro- objection, it is so ordered. of the implementation phase-in under the sched- The Senator from Maine. ule. visions of section 402(d) of this title shall apply (c) REPORT ON DETERMINATION TO EX- to funds authorized to be appropriated to make (The remarks of Ms. COLLINS and Mr. CLUDE.— grants under this section as if such funds were REED are printed in today’s RECORD (1) REQUIREMENT.—If the Secretary deter- highway safety funds authorized to be appro- under ‘‘Morning Business.’’) mines under subsection (a)(1) that installation priated to carry out section 402 of this title. The PRESIDING OFFICER (Mr. NEL- ‘‘(g) DEFINITIONS.—In this section: of a lap and shoulder belt assembly is not prac- SON of Nebraska). In my capacity as ticable for a particular designated seating posi- ‘‘(1) CHILD RESTRAINT LAW.—The term ‘child restraint law’ means a law that— the Senator from Nebraska, I suggest tion in a particular type of motor vehicle, the the absence of a quorum. Secretary shall submit to the Committee on Com- ‘‘(A) satisfies standards established by the merce, Science, and Transportation of the Sen- Secretary under Anton’s Law for the proper re- The clerk will call the roll. ate and the U.S. House of Representatives Com- straint of children who are over the age of 3 The legislative clerk proceeded to mittee on Energy and Commerce a report speci- years or who weigh at least 40 pounds; call the roll. fying the reasons for the determination. ‘‘(B) prescribes a penalty for operating a pas- Ms. COLLINS. Mr. President, I ask (2) DEADLINE.—The report under paragraph senger motor vehicle in which any occupant of unanimous consent the order for the (1) shall be submitted, if at all, not later than 30 the vehicle who is under the age of 16 years is not properly restrained in an appropriate re- quorum call be dispensed with. days after the date on which the Secretary The PRESIDING OFFICER. Without issues a final rule under subsection (a). straint system (including seat belts, booster seats objection, it is so ordered. SEC. 5. TWO-YEAR EXTENSION OF CHILD PAS- used in combination with seat belts, or other SENGER PROTECTION EDUCATION child restraints); and f GRANTS PROGRAM. ‘‘(C) meets any criteria established by the Sec- Section 2003(b)(7) of the Transportation Eq- retary under subsection (a) for purposes of this CONCLUSION OF MORNING uity Act for the 21st Century (23 U.S.C. 405 note; section. BUSINESS ‘‘(2) PASSENGER MOTOR VEHICLE.—The term 112 Stat. 328) is amended by striking ‘‘and The PRESIDING OFFICER. Morning 2001.’’ and inserting ‘‘through 2003.’’ ‘passenger motor vehicle’ has the meaning given business is closed. SEC. 6. GRANTS FOR IMPROVING CHILD PAS- that term in section 405(f)(5) of this title. SENGER SAFETY PROGRAMS. ‘‘(3) STATE.—The term ‘State’ has the meaning f (a) IN GENERAL.—Chapter 4 of title 23, United given in section 101 of this title and includes States Code, is amended by adding at the end any Territory or possession of the United EQUAL PROTECTION OF VOTING the following new section: States.’’. RIGHTS ACT OF 2001 (b) CLERICAL AMENDMENT.—The table of sec- ‘‘§ 412. Grant program for improving child tions at the beginning of that chapter is amend- The PRESIDING OFFICER. Under passenger safety programs ed by inserting after the item relating to section the previous order, the Senate will now ‘‘(a) STANDARDS AND REQUIREMENTS REGARD- 411 the following new item: resume consideration of S. 565, which ING CHILD RESTRAINT LAWS.—Not later than Oc- ‘‘412. Grant program for improving child pas- the clerk will report. tober 1, 2002, the Secretary shall establish ap- senger safety programs.’’. The assistant legislative clerk read propriate criteria applicable to child restraint laws for purposes of eligibility for grants under SEC. 7. DEFINITIONS. as follows: this section. The criteria shall be consistent with In this Act: A bill (S. 565) to establish the Commission (1) CHILD RESTRAINT.—The term ‘‘child re- the provisions of Anton’s Law. on Voting Rights and Procedures to study straint’’ means any product designed to provide ‘‘(b) REQUIREMENT TO MAKE GRANTS.— and make recommendations regarding elec- ‘‘(1) IN GENERAL.—The Secretary shall make a restraint to a child (including booster seats and tion technology, voting, and election admin- grant to each State and Indian tribe that, as de- other products used with a lap and shoulder istration, to establish a grant program under termined by the Secretary, has a child restraint belt assembly) that meets applicable Federal which the Office of Justice Programs and the law in effect on September 30, 2004. motor vehicle safety standards prescribed by the Civil Rights Division of the Department of ‘‘(2) LIMITATION ON NUMBER OF GRANTS.—Not National Highway Traffic Safety Administra- Justice shall provide assistance to States more than one grant may be made to a State or tion. and localities in improving election tech- Indian tribe under this section. (2) PRODUCTION YEAR.—The term ‘‘production nology and the administration of Federal ‘‘(3) COMMENCEMENT.—The requirement in year’’ means the 12-month period between Sep- elections, to require States to meet uniform paragraph (1) shall commence on October 1, tember 1 of a year and August 31 of the fol- and nondiscriminatory election technology 2004. lowing year. and administration requirements for the 2004 (3) PASSENGER MOTOR VEHICLE.—The term ‘‘(c) GRANT AMOUNT.—The amount of the Federal Elections, and for other purposes. grant to a State or Indian tribe under this sec- ‘‘passenger motor vehicle’’ has the meaning tion shall be the amount equal to five times the given that term in section 405(f)(5) of title 23, Pending: amount provided to the State or Indian tribe, as United States Code. Clinton amendment No. 2906, to establish a the case may be, under section 2003(b)(7) of the SEC. 8. AUTHORIZATION OF APPROPRIATIONS. residual ballot performance benchmark. Transportation Equity Act for the 21st Century There are authorized to be appropriated to the Dayton amendment No. 2898, to establish a (23 U.S.C. 405 note) in fiscal year 2003. Secretary of Transportation such sums as may pilot program for free postage for absentee ‘‘(d) USE OF GRANT AMOUNTS.— be necessary to carry out this Act, including the ballots cast in elections for Federal office. ‘‘(1) IN GENERAL.—A State or Indian tribe making of grants under section 412 of title 23, Dodd (for Harkin) amendment No. 2912, to shall use any amount received by the State or United States Code, as added by section 6. provide funds for protection and advocacy

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.028 pfrm01 PsN: S25PT1 S988 CONGRESSIONAL RECORD — SENATE February 25, 2002 systems of each State to ensure full partici- under section 223 the Federal share of the the nature of the grant program would pation in the electoral process for individ- costs of the activities described in that ap- make it difficult for Maine to compete uals with disabilities. plication. for funds with larger States, as well as Dodd (for Harkin/McCain) amendment No. (2) INITIAL PAYMENT AMOUNT.—The Attor- potentially thousands of local govern- 2913, to express the sense of the Congress ney General shall pay to each State that that curbside voting should be only an alter- submits an application under section 222 an ments. Maine currently has its hands native of last resort when providing accom- amount equal to 0.5 percent of the amount full addressing a structural budget modations for disabled voters. appropriated under section 228 for the fiscal shortfall of approximately $160 million. Dodd (for Schumer) modified amendment year in which such application is submitted Its financial difficulties would be exac- No. 2914,to permit the use of a signature or to be used by such State for the activities erbated if it did not receive a meaning- personal mark for the purpose of verifying authorized under section 224. ful portion of the grant funds included the identity of voters who register by mail. Ms. COLLINS. Mr. President, I rise in this bill but nevertheless were re- Dodd (for Kennedy) amendment No. 2916, to today to offer an amendment to the bi- quired to comply with the statutory re- clarify the application of the safe harbor pro- visions. partisan election reform legislation. I quirements for improving voting sys- am pleased to be joined by Senators tems, preparing the statewide voting The PRESIDING OFFICER. The Sen- JEFFORDS, BURNS, LEAHY, ROBERTS, lists, and making voting places acces- ator from Maine. BROWNBACK, LINCOLN, Presiding Officer sible to our disabled citizens—all very AMENDMENT NO. 2915 BEN NELSON, and Senators NICKLES, worthy but costly goals. Ms. COLLINS. Mr. President, I ask DORGAN, JOHNSON, and ENZI in offering Formula grant programs guarantee unanimous consent the pending second- this commonsense addition to the Vot- States a certain share of appropriated degree amendment be temporarily laid ing Rights Act. funds, but the grant program created aside, and I call up amendment No. First, let me commend Senators by this bill does not. Rather, the legis- 2915. Dodd, McConnell, Bond, and Schumer lation creates three different project The PRESIDING OFFICER. Without for working together to find common grant programs to which States and objection, it is so ordered. The clerk ground on what could have very easily local governments can apply for assist- will report. turned out to be an issue that ance. The grant programs are some- The assistant legislative clerk read foundered on partisan politics. They re- what unusual in that once an applica- as follows: fused to allow partisan politics to tion is approved, the Attorney General The Senator from Maine [Ms. COLLINS], for stand in the way of the fundamental is required to award the applicant herself, Mr. JEFFORDS, Mr. BURNS, Mr. and much-needed safeguards included funds covering the ‘‘cost of the activi- LEAHY, Mr. ROBERTS, Mr. BROWNBACK, Mrs. in this election reform bill. I applaud ties described in that application.’’ In LINCOLN, Mr. NELSON of Nebraska, Mr. NICK- LES, Mr. DORGAN, Mr. JOHNSON and Mr. ENZI, their efforts, and I believe the amend- other words, the legislation authorizes proposes an amendment numbered 2915. ment I am putting forward is con- a specific sum of money to cover an un- Ms. COLLINS. I ask unanimous con- sistent with their efforts and will pose known and perhaps unknowable sent the reading of the amendment be a modest improvement to their legisla- amount of costs. Thus, no State is dispensed with. tion. guaranteed the funds necessary to The PRESIDING OFFICER. Without This legislation makes substantial make progress toward this bill’s voting objection, it is so ordered. improvements that will help improve system requirements. The amendment is as follows: the voting system in every single State Again, let me emphasize that I think in America, and I am proud to be a co- the voting requirements set forth in (Purpose: To provide an initial payment to States filing a State plan and submitting sponsor of it. The bill asks States to this compromise legislation are reason- applications for the grant programs under make major strides toward assurance able, are fundamental, are worthwhile. title II) that all people who are eligible to vote But I am concerned that some States On page 28, strike lines 12 through 16, and are allowed to vote, that voting loca- may not receive any Federal funds to insert the following: tions are accessible to our citizens who assist them in meeting these worth- (a) PAYMENTS .— are disabled, that a person is notified if while new standards, and that does not (1) IN GENERAL.—Subject to paragraph (2), his or her vote is incorrectly cast and strike me as fair. Conceivably, more- the Attorney General shall pay to each State given the opportunity to correct the over, the funds could run out before a having an application approved under sec- error, and that each person’s vote is State has a chance to even complete tion 203 the cost of the activities described in counted. and submit its application. that application. These voting safeguards are funda- My amendment addresses these con- (2) INITIAL PAYMENT AMOUNT.—The Attor- ney General shall pay to each State that mental. They deserve Federal support. cerns in a straightforward way. It submits an application under section 203 an And since all States will be required to would guarantee each State that sub- amount equal to 0.5 percent of the amount implement these new voting standards, mits the required application a fair appropriated under section 209 for the fiscal no State should be denied Federal fi- portion of the funds that are eventu- year during which such application is sub- nancial assistance in complying with ally appropriated for election reform. mitted to be used by such State for the ac- these new requirements. My amendment would guarantee each tivities authorized under section 205. The election reform bill authorizes State one-half of 1 percent of the total (b) RETROACTIVE PAYMENTS.— $3.5 billion in grants to States and lo- On page 38, strike lines 15 through 19, and grant funds. These State minimums insert the following: calities to help cover the costs associ- would only account for about 25 per- (1) IN GENERAL.—Subject to paragraph (2), ated with meeting the new standards. cent of the total appropriated grant the Attorney General shall pay to each State While the grant amounts are generous, funds, thus leaving 75 percent of the or locality having an application approved there is a flaw. There is no guarantee funds to be allocated through the appli- under section 213 the Federal share of the in the bill that each State will receive cation process originally set forth by costs of the activities described in that ap- a meaningful portion of the total allo- this legislation. It would, however, plication. cation, even though each and every remedy the problem of a State, par- (2) INITIAL PAYMENT AMOUNT.—The Attor- State must meet the same voting sys- ney General shall pay to each State that ticularly a small State, receiving no submits an application under section 212 an tem requirements. Indeed, for a small- funds whatsoever. If we are going to amount equal to 0.5 percent of the amount er State such as Nebraska or Maine, it mandate these requirements, we should appropriated under section 218 for the fiscal may well be more burdensome to meet ensure that each and every State re- year in which such application is submitted those voting requirements because ceives some Federal assistance to com- to be used by such State for the activities those States may well have fewer re- ply with them. authorized under section 214. sources to do so. My amendment is both fair and con- (3) RETROACTIVE PAYMENTS.—The Attorney For that matter, there is no guar- sistent with similar grant programs On page 45, strike lines 4 through 7, and in- antee that Congress will appropriate created by Congress. For example, the sert the following: (a) PAYMENTS.— all or even a substantial portion of the National Flood Insurance Program ad- (1) IN GENERAL.—Subject to paragraph (2), authorized funds. Election officials in ministered by FEMA provides each the Attorney General shall pay to each State my home State of Maine, including our State with a base funding amount of or locality having an application approved secretary of state, are concerned that one-half of 1 percent of appropriated

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.011 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S989 funds. The remaining 75 percent of the ple are very satisfied with the election all amount authorized. So every State, Flood Mitigation Assistance funds is equipment they have and feel no need it seems to me, wins under this amend- allocated by FEMA on the basis of ap- to change it at all. ment. plications. I could give many other ex- But the number we have incorporated I commend the Senator from Maine amples of Federal grant programs that in the bill works on the maximum ex- for her suggestion. It certainly is, as include minimum State allocations so tent; that is, all jurisdictions in every far as I know, agreeable on this side of that every State can be helped in single State wanting to replace every the aisle. achieving the Federal goals set forth voting system. If that were to occur, I say to the Senator from Con- by the programs. we would reach the number that is in necticut, I support the amendment and The Equal Protection of Voting the authorization of this bill. So we are hope maybe we can accept it. Rights Act makes changes that will more than satisfied that the number Mr. DODD. Yes. I urge we accept the improve the integrity of our State vot- we have identified as an authorizing amendment as well. ing systems. All States will be partners figure would accommodate virtually The PRESIDING OFFICER. If there in this effort, which is why no State every jurisdiction in the country is no further debate, the question is on should be denied a share of Federal should they so desire to exchange their agreeing to amendment No. 2915. funds. The amendment I offer ensures present equipment. Nothing in this bill The amendment (No. 2915) was agreed that just and fair result. It will help mandates that to occur at all, as we to. each and every State meet the goals have repeated over and over. Mr. DODD. I move to reconsider the and the requirements of this important Again, we believe very strongly that vote. reform legislation. States ought to be allowed to decide Mr. MCCONNELL. I move to lay that I urge my colleagues to support this what works best for them. Many juris- motion on the table. amendment. dictions have come up with unique The motion to lay on the table was Mr. President, I yield the floor. means of casting ballots, modernizing agreed to. The PRESIDING OFFICER. The Sen- their systems completely. We know The PRESIDING OFFICER. The Sen- ator from Connecticut. about the States of Oregon and Wash- ator from Maine. Mr. DODD. Mr. President, first, I ington, for instance, with mail-in vot- Ms. COLLINS. Mr. President, I thank thank my colleague from Maine for of- ing. We took into consideration a week the Senator from Connecticut and the fering this amendment. We talked or so ago what Senator CANTWELL, Sen- Senator from Kentucky for agreeing to about it. I think I offered the amend- ator WYDEN, Senator MURRAY, and Sen- the amendment and working so closely ment on behalf of my colleague from ator SMITH were all interested in: mak- with us in its drafting. I very much ap- Maine when the Senate was not voting, ing sure that we do nothing in this bill preciate their support as well as the but we were in session and considering that in any way impinges upon those tremendous work they have done on amendments at that time. two States being able to continue their the underlying bill. I thank them both. I think this is a good amendment. It present voting system. Of course, we Mr. DODD. Mr. President, I suggest is one that we probably should have never intended to eliminate absentee the absence of a quorum. written into the bill initially. It is not mail-in voting systems, and the lan- The PRESIDING OFFICER. The unprecedented for us to try to do this. guage is as clear as it could be here clerk will call the roll. Coming from a small State myself, I that would not be the case. The assistant legislative clerk pro- know what can happen in this area. So, again, I state for the Record I ceeded to call the roll. I want to ask, if I could, my col- think what the Senator from Maine Mr. DODD. Mr. President, I ask unan- league only one question. She is talk- has offered is a very sound proposal. It imous consent that the order for the ing here about States and not local- would ensure that no State would re- quorum call be rescinded. ities. There are thousands of localities, ceive any less than $17.5 million. There The PRESIDING OFFICER. Without obviously, in the 50 States, and we may be an occasion, actually, when a objection, it is so ordered. want to keep this focused on the States State might not need that amount of AMENDMENT NO. 2922 themselves. money. And we are not encouraging Mr. DODD. Mr. President, I send an So my question is: The language of them necessarily to apply for $17.5 mil- amendment to the desk. this amendment, the one-half of 1 per- lion unless they actually need it. But The PRESIDING OFFICER. Without cent, would apply to the respective certainly it would guarantee, at the objection, the pending amendment is States because there may be applica- very least, they would get that amount set aside. tions coming from localities for grants, with respect to expenditures under the The clerk will report. and to that extent you would have to incentive grants. The assistant legislative clerk read accommodate that in terms of the So I commend the Senator from as follows: total amount for that State? Maine for her proposal. The Senator from Connecticut [Mr. DODD] Ms. COLLINS. Mr. President, if I I see the arrival in the Chamber of proposes an amendment numbered 2922. may respond to my colleague, his in- my colleague from Kentucky. I will lis- Mr. DODD. Mr. President, I ask unan- terpretation is correct. The minimum ten to his comments on this amend- imous consent that reading of the amount applies just to the State. ment. We might even be able to accept Mr. DODD. Mr. President, I thank my amendment be dispensed with. this amendment today. The PRESIDING OFFICER. Without colleague for that clarification. Again, I prefer to clear up as many amend- I think this is one way of getting the objection, it is so ordered. ments as we could, to move them The amendment is as follows: resources out. through the process so we can limit, to I point out, one of the issues raised is the maximum extent possible, the (Purpose: To clarify that the criminal pen- whether or not there will be an ade- alties retain the current specific intent number of rollcall votes we would ask standard contained in the underlying stat- quate amount in the authorization to our colleagues to cast tomorrow. utes) meet all of the demands not only of So with that, I thank my colleague On page 68, strike lines 5 through 13, and grants but also the minimum require- from Maine for her proposal. insert the following: ments in the bill. I inform my col- The PRESIDING OFFICER. The Sen- (a) CONSPIRACY TO DEPRIVE VOTERS OF A leagues that number is not selected out ator from Kentucky. FAIR ELECTION.—Any individual who know- of thin air. We went and asked the Con- Mr. MCCONNELL. Mr. President, I ingly and willfully gives false information in gressional Budget Office and others to commend the Senator from Maine. I registering or voting in violation of section give us an analysis of what would be think it is an excellent amendment 11(c) of the National Voting Rights Act of needed if every single State in the that ensures that smaller States are 1965 (42 U.S.C. 1973i(c)), or conspires with an- country wanted to completely change able to obtain grant funds to improve other to violate such section, shall be fined or imprisoned, or both, in accordance with their voting systems, what would be their voting systems. such section. the ballpark figure if that would This amendment secures truly mini- (b) FALSE INFORMATION IN REGISTERING AND occur—not that anyone would believe mal amounts for each and every State, VOTING.—Any individual who knowingly that is going to be the case. Many peo- obligating only 25 percent of the over- commits fraud or knowingly makes a false

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.013 pfrm01 PsN: S25PT1 S990 CONGRESSIONAL RECORD — SENATE February 25, 2002 statement with respect to the naturaliza- Having said we will get through by to- [From the New York Times, Feb. 25, 2002] tion, citizenry, or alien registry of such indi- morrow, when I tell them how many ELECTORAL REPAIR WORK vidual in violation of section 1015 of title 18, amendments have been introduced, In the next few days, senators will have a United States Code, shall be fined or impris- they may wonder what I could possibly chance to greatly strengthen America’s de- oned, or both, in accordance with such sec- mocracy. Beyond approving the House tion. be thinking of to suggest we might get through by then. There are 105 amend- version of the campaign finance reform bill and sending it directly to the White House, Mr. DODD. This is the amendment ments. This is one of the dangers of we raised earlier. I thought it was the Senate should hasten to pass the election asking for a finite list. All of a sudden reform legislation it is scheduled to con- going to be accepted. This is the one you get a finite list. that references the criminal statutes in sider. Overwhelming support for these twin One hundred five amendments are in moves would send a strong signal that the bill specifically and repeats the order under the unanimous consent cleansing democracy is not a partisan issue, words ‘‘knowing’’ and ‘‘willful.’’ I agreement. I don’t expect all of these and would counter public cynicism about talked about this earlier as a way of re- to be offered. In fact, many are duplica- Washington’s priorities. emphasizing the point that there is a The Senate’s election reform bill is a fit- tive amendments or issues we had al- standard used on existing criminal ting federal response to the public’s wide- ready resolved with previews amend- statutes that is applicable here, to spread outrage at the breakdown of the elec- ments that were adopted or rejected in which we had agreed. It should be ac- toral machinery in the 2000 presidential elec- the debate a week and a half ago. It is cepted. tion. The closeness of the vote in Florida and my hope we can complete action by to- elsewhere revealed an array of deficiencies in Mr. President, I suggest the absence morrow evening or, at the very latest, how local officials administer elections. of a quorum. on Wednesday. While many were stunned by this, minority The PRESIDING OFFICER. The voters and those with disabilities were not. There will be no rollcall votes today, clerk will call the roll. They have long been marginalized by arbi- The assistant legislative clerk pro- as the distinguished majority leader in- trary rules, less reliable equipment and vot- ceeded to call the roll. dicated. I expect tomorrow to be a busy ing booths that are inaccessible. Mr. DODD. Mr. President, I ask unan- day if we are unable to resolve some of The legislation would establish mandatory these outstanding amendments. federal standards for voting procedures and imous consent that the order for the technologies that state and local election of- quorum call be rescinded. There are six amendments pending at this time. In the week of our departure, ficials would have to meet when admin- The PRESIDING OFFICER. Without istering national elections. All voting sys- objection, it is so ordered. we disposed of 15 amendments in 1 day. tems would have to conform to a set error Mr. DODD. Mr. President, pending Nine amendments were adopted; four rate, be accessible to people with disabilities the arrival of one of our colleagues who amendments were debated, subject to and allow voters a chance to correct ballots wants to look at the amendment, let rollcall votes—all rejected—and two improperly marked. States would have to es- me address the status of play as to amendments were offered and with- tablish a computerized voter registration list drawn. All in all, that is not a bad and offer people whose registration is ques- where we are, coming back from the tioned at the polls a provisional ballot pend- Presidents Day recess. work effort for a day and a half. The majority and minority Rules ing a clarification of their status. The bill It is my privilege once again to be makes available $3.5 billion in grants over managing the pending matter before Committee staff worked over the week- five years for states to meet these federal the Senate, the Equal Protection Vot- end to try to clear those amendments mandates. ing Rights Act, as amended by the bi- for which we have language, and there The franchise is the primary right by partisan compromise substitute. Let are about 40 amendments—about half which all other rights are protected, as me advise colleagues and others where the 105 I mentioned—that are un- Thomas Paine wisely said. A ballot cast for president anywhere in Florida ought to be we stand. known. They are called relevant amendments. That could be any sub- recorded and counted as rigorously as one Last Thursday, the Senate entered cast in Alaska, not to mention in an adja- into a unanimous consent agreement ject matter, other than being relevant cent county. Democracy is diminished when governing the remaining amendments to elections. So to the extent those rel- millions of ballots are discarded due to to this measure. That agreement pro- evant amendments may have some text faulty technology or a lack of clear voting vides for a finite list of first-degree to them, I urge the authors to let us guidelines. amendments which can be offered to know as soon as possible what those Senators should not lose sight to these guiding principles in any last-minute wran- this bill; relevant second-degree relevant amendments are. Some we may actually be able to clear today; gling over amendments. If is refreshing that amendments are in order. Upon the dis- a number of Republican senators, including position of the ordered amendments, others, we may not. I suspect many of John McCain and Mitch McConnell, have the Senate would proceed to third read- them may just be placeholders, so that joined with Democrats to support the notion ing of the bill and final passage. That the 105 number is substantially less. that to protect the franchise, the federal was done, my colleagues may recall, to And when we get down to the number government must encroach on the states’ expedite matters for Members who that actually require some votes, we traditional prerogative of running elections. There is cause to be hopeful that states wanted to get back for the Presidents may be talking about 10 or 12. My hope is that there are far fewer than that. will start receiving federal assistance this Day break to their respective States. year to upgrade their voting systems. The Rather than carry votes on into Friday If there are authors of relevant Senate’s election reform bill is preferable to and Saturday to finish the bill, we amendments who want them to be con- one passed by the House last December, agreed to that unanimous consent re- sidered, they should let us know today. which does not impose strong enough na- quest that the distinguished majority I hope we can also clear the six pending tional standards, but their differences can be leader and the Republican leader amendments. These are amendments bridged at a House-Senate conference. House worked out. that we could hopefully adopt or mod- Speaker Dennis Hastert has indicated his willingness to seek supplemental funds for We adopted an amendment by Sen- ify in some way, if they require such for acceptance to both sides. That election reform, and President Bush’s budget ator GREGG of New Hampshire that was includes $400 million in each of the next incorporated as part of the bill and would leave tomorrow with only those three years. That won’t be enough, but it is then agreed to this unanimous consent matters that require some debate. a clear indication that the White House is request to have a finite list of amend- That is where we stand. Again, I counting on reform legislation. So too are ments and then go to third reading of thank the majority leader and minor- the American people. the bill to complete the matter. ity leader, my colleague from Ken- Mr. DODD. This lead editorial cap- My hope is we can complete consider- tucky, and others for getting us to this tured what we are trying to do. I note ation of this bill by tomorrow after- point. that the editorial writers specifically noon or tomorrow evening. It may go I ask unanimous consent that a lead commended the Senator from Ken- into Wednesday, depending upon the editorial of the New York Times be tucky and point out the Senator from schedule. My hope is we can get it done printed in the RECORD. Kentucky and the Senator from Ari- soon. There being no objection, the mate- zona are together on this bill and Let me tell my colleagues where we rial was ordered to be printed in the talked about the bipartisanship of this stand with the number of amendments. RECORD, as follows: proposal.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.030 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S991 Many thought we could never actu- and try to accommodate them so you Mr. BYRD. Mr. President, I ask unan- ally come to the floor of the Senate can put together a proposal that satis- imous consent that the order for the with a proposal on election reform that fies all of our needs and improves the quorum call be rescinded. would enjoy the cosponsorship of American election system, regardless The PRESIDING OFFICER. Without Democrats and Republicans, particu- of party. That is what we have tried to objection, it is so ordered. larly when you consider what a par- do with this proposal. f tisan division there was in the country So I am very hopeful that that will HAPPY BIRTHDAY SENATOR a year ago at this time coming off the be done in the next 24 hours and that EDWARD KENNEDY November 2000 general election. So it is we can then sit down with the other no small achievement. body and resolve the differences. Mr. BYRD. Mr. President, on Feb- I know a lot of attention is being Maybe this will not attract the same ruary 22, 1962, the youngest of Joseph paid to campaign finance reform and degree of attention as campaign fi- and Rose Kennedy’s nine children, ED- the upcoming energy bill and other nance reform, but this will establish WARD, was standing in front of the Ber- matters. Memories do fade, and cer- permanent election commissions in lin Wall listening to a speech by his tainly they have with regard to the this country—the idea of the Senator brother, Attorney General Robert Ken- emotions that ran so deeply and so pas- from Kentucky—which will deal with nedy. It was EDWARD KENNEDY’s birth- sionately a year or so ago on one of the the issue of fraud in the country. We day. He was turning 30 years of age. closest elections, if not the closest, in will say to millions of Americans who Later that year, he ran for the Senate. American history. have never been able to vote in private On November 6, 1962, he was elected to Certainly there was the revelation or independently, for the first time that very historic Senate seat—a seat that our system was in desperate need they will be able to do so, setting mini- that had been held not only by his of repair. We are responding to that mal standards for provisional voting brother, but also by John Quincy call a year later. But it took that long and statewide registration. My hope is Adams, by Charles Sumner, by Henry to sit down and work out differences that in the next few days we can re- Cabot Lodge, and by the great Daniel and bring a product to the floor of the solve that. This will not attract the at- Webster. Senate. We could have come up here tention that some other matters do, Now, I relate that story not only to earlier with a partisan bill. I could but it will be one of the singular bring notice to this milestone year in have laid down a proposal that was just achievements of the 107th Congress. the career of Senator TED KENNEDY, a Democratic proposal. In fact, I had My colleague from Arizona is on his but also to bring notice that February one, with every single member of the way to the floor and will speak on an 22, 2002, was a very special day in the Democratic side having cosponsored unrelated matter. When he does, I will life of the senior—perhaps I should now the bill, without a single Republican. be glad to yield to him. Let me make say the ‘‘very’’ senior—Senator from My friends on the Republican side some points on this pending amend- Massachusetts. This year marks 40 could have had their bill, and we would ment so Members understand what I years since EDWARD KENNEDY won the have been able to have a screaming am suggesting here. election to begin his distinguished ca- match about partisan politics, and I pointed out that in the compromise reer as a United States Senator, while nothing would have happened. So it bill, the substitute, we wanted to keep last Friday marked the 70th anniver- took a real effort to try to meld these the same criminal intent standard pro- sary of his birth. Oh, to be 70 again. It ideas together to bring us to this point. visions that are in existing law when it makes me pause, to be 70 again. I still We are not without controversy in comes to the fraud provisions. That cannot believe this young, 28-year-old this bill, and there will be some con- language specifically refers to ‘‘know- fellow who was running around West troversy in the remaining hours. We ing and willful’’ as the standard. What Virginia campaigning for his brother we have done is referenced those provi- still have to go to conference with the during the crucial 1960 West Virginia sions very explicitly in the bill. This House of Representatives and their pro- primary is now 70 years old. amendment is purely a technical posal and then present it to the Presi- The Psalmist says: dent for his signature. It is my hope amendment in that it clarifies the standard for criminal penalties in the The days of our years are threescore years that we can do that fairly quickly. and ten; and if by reason of strength they be This bill has $400 million in it for im- same manner it was done in earlier leg- fourscore years, yet is their strength labour mediate authorization. The President, islation. It is accomplished under the and sorrow; for it is soon cut off, and we fly to his credit, put $1.2 billion in his cross-reference statute that we cite in away. budget for the next 2 or 3 years for the bill. Seventy years. Our stated intent under this com- election reform. If we can get this bill Yes, there he was, 28 years old, chub- promise was to ensure that with regard done and signed by the President, there by cheeks, black hair, running around to any false statements made under is a supplemental appropriations bill West Virginia campaigning for his this bill, the provisions of titles 18 and coming up quickly, and we can actu- brother. But he is 70 years old, and I 42 of the U.S. Code would apply. The ally make moneys available to the want to wish him the happiest of birth- standard for review under title 18 is a States right away for them to mod- days. ‘‘knowing’’ standard. This amendment I also wish to congratulate him for ernize their election systems so they merely adds that word to ensure that his very remarkable service in the Sen- will be in place to work by the Novem- the intent is clear. Similarly, with re- ate. Forty years in the Senate means ber elections of this year. That will be gard to potential allegations of con- that Senator KENNEDY is third in se- a singular achievement, in my view, if spiracy, the compromise references of niority in the Senate. It means he has we are able to do that. title 42 provide for criminal penalties I am hopeful that for the remainder spent more than half of his life in the and the standard for review under that of today, and tomorrow, we will be able Senate. He is the fifth longest serving act is ‘‘knowingly and willfully.’’ So to resolve these differences. I urge my this amendment merely adds the cur- Senator in U.S. history. He has seen a colleagues to understand that I em- rent legal standard of review to the ex- Senate career marked by quality as brace some of their ideas. But we are isting provisions in 401 and 402 of this well as length of service. Millions of interested in putting together a bipar- bill. Americans are healthier today because tisan bill. If I were writing it myself, it This is not a substantive amendment of his efforts for health reform. Many would look different than this bill but merely restates what we have stat- more Americans are better off because looks. I know, without asking my ed in the bill. That is the reason I pro- of his efforts to increase the minimum friend from Kentucky to comment, if posed it this afternoon—to make that wage. he could write the bill, it would look technical clarification. TED KENNEDY has dedicated his life very different than it does today as I suggest the absence of a quorum. to public service. He is a man of re- well. But that is not how matters get The PRESIDING OFFICER. The markable compassion and tenacity. He resolved in a democracy and in an in- clerk will call the roll. loves his country, and he has labored stitution such as the Senate. You have The assistant legislative clerk pro- mightily on behalf of his fellow citi- to listen to the views of each Senator ceeded to call the roll. zens.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.038 pfrm01 PsN: S25PT1 S992 CONGRESSIONAL RECORD — SENATE February 25, 2002 For four decades now he has served in quite certain that when they are debat- I remember that on my 80th birth- this Senate and provided a powerful ing and discussing what names, what day—Senator KENNEDY just celebrated voice for the protection and the pro- profiles ought to inhabit those eternal his 70th—I was in West Virginia. I was motion of workers’ rights, for the pro- spots on the reception room wall the dining on that birthday at the Gov- tection of our environment, and for his name of the Senator from West Vir- ernor’s mansion with a Republican stronger social safety net for America’s ginia and the name of the Senator from Governor whom I had served in the disadvantaged people. Massachusetts will be on those lists. State legislature in 1947. This was his For four decades he has provided a My commendations to both Senators second time to be Governor. He was the strong, eloquent voice for the poor, the for their wonderful friendship which youngest Governor of the State in the oppressed, the downtrodden, the dispos- has been an example of people who had early 1950s, and then he was the oldest sessed. some differences when they began their Governor of the State up until a little For these and a host of other reasons, careers. In fact, at times they dis- under 2 years ago. He was having me history will be good to Senator KEN- agreed on issues and many more times over at the mansion for lunch on that NEDY. He has endured great tragedy in they worked together. This country is day with him. I received a call from my his own life; yet he has dedicated him- a richer and better place because of chief of staff, Barbara Videnieks, say- self toward improving the lives of oth- their service. ing: Senator, guess who is here. Sen- ers. I will have more remarks tomorrow ator KENNEDY is in your office. I consider myself to be privileged to about the service of our wonderful I was in West Virginia, and he was in serve with Senator KENNEDY and to friend from Massachusetts. I commend my office. She said: You know what. He have him as my friend. I wish for him the Senator for his comments. has 80 red roses. many more years of service. Mr. BYRD. Mr. President, I thank He brought 80 red roses to my office ‘‘How far away is the temple of fame?’’ the distinguished Senator. on that day. I thought that was a Said a youth at the dawn of the day. The PRESIDING OFFICER. The Sen- unique moment in my life, unique per- He toiled and strove for a deathless name; ator from Kentucky. haps in most lives, to have a friend The hours went by and the evening came, Mr. MCCONNELL. Mr. President, let Leaving him old and feeble and lame, come by and bring 80 roses. It is unique To plod on his cheerless way. me add to the comments of my friend to become 80 years old, for one thing, ‘‘How far away is the temple of good?’’ from Connecticut. It is interesting that but he was in my office with 80 roses. Said another youth at the dawn of the day. the Senator from Connecticut men- Not only that but a couple of years He toiled in the spirit of brotherhood, tioned the portraits outside the Senate ago, on my 63rd wedding anniversary, I To help and succor as best he could and those who have been selected to was at the Greenbrier in West Virginia The poor and unfortunate multitude, have their likenesses there because of with my wife Erma, and 63 red roses ar- In its hard and cheerless way. their great contributions to the Sen- rived to my room at the Greenbrier. He was careless alike of praise or blame, But after his work was done, ate. TED KENNEDY sent the roses. That is a An angel of glory from heaven came I remember actually introducing the very remarkable display of friendship To write on high his immortal name, Senator from West Virginia at an event in anybody’s life. Not many people live And to proclaim the truth that the temple in my State in which I made that very to be married 63 years, but to live to be of fame point: That in the future, when they married 63 years and then have a friend And the temple of good are one. are determining which great Senators send 63 red roses is worthy of comment. For this is the lesson that history of the current period to add, the Sen- So that is the way it was—as Walter Has taught since the world began; That those whose memories never die, ator from West Virginia will certainly Cronkite used to say—on my birthday, But shine like stars in the human sky, be among them. In my view, he is the and then again on my wife’s and my And brighter glow as the years go by, greatest orator in the Senate today wedding anniversary. So I am grateful Are the men who live for man. and certainly in my 18 years here, I for the friendship of TED KENNEDY. Mr. President, I yield the floor. have had a chance to listen to them all. This earthly span of ours, even The PRESIDING OFFICER. The Sen- The Senator from West Virginia is though the psalmist promised us 70 ator from Connecticut. without peer in this body. To listen to years, is quite short after all. Mr. DODD. Mr. President, before the his skills applied to our friend and col- The gay will laugh when thou art gone, the distinguished leader leaves the Cham- league from Massachusetts is a treat solemn brood of care plod on, and each one ber, I know at the appropriate time the on a Monday afternoon, and I thank as before will chase his favorite phantom. Senator from Massachusetts will want him for his contribution. I believe those words are in William to respond to the wonderful comments Mr. BYRD. Mr. President, if I may Cullen Bryant’s ‘‘Thanatopsis.’’ of our colleague from West Virginia. regain the floor. That is about the way it is. So I take I know the Senator from Massachu- The PRESIDING OFFICER (Mr. CAR- immense pleasure today in coming to setts has received a lot of well-deserved PER). The Senator from West Virginia. this Chamber and congratulating TED recognition over the last number of Mr. BYRD. I thank both of my col- KENNEDY on his birthday and express- days, having achieved the milestone of leagues for their thoughtful remarks. ing my very best wishes to him and his his 70th birthday. He will not receive May I say to my friend from Con- lovely wife and to her father who con- any more gracious, more thoughtful a necticut, the Senator from Massachu- tacts me almost every time I make a gift than the one he has just received setts, Mr. KENNEDY, and I had our dif- speech. Judge Reggie calls my office from his friend from West Virginia, the ferences in the early days of our ca- and says he has been listening to my person with whom he has served over reers. I came to find in TED KENNEDY speeches. I believe he must have heard these 40 years and with whom he has one of the strongest supporters when I these remarks today. been a partner on so many of the issues became the Democratic leader of the Let me thank again my friend CHRIS about which the Senator from West Senate in 1977. He was always one who DODD and my friend MITCH MCCON- Virginia has talked. stood alongside me and my work as the NELL—one Democrat and one Repub- When the annals of the latter part of leader. I could count on his support. We lican—for their friendship as well. I the 20th century are written, there will did not always vote alike, but he was shall always treasure it. Senator DODD be those in coming generations—as I very supportive, and I treasured that is my seatmate, and very often he have been privileged to do most re- support. stops by my door and bids me good cently with my colleague from Ken- As time went on, TED KENNEDY, with afternoon and offers some well chosen tucky to fill out the portals in the re- whom I did not see eye to eye in the words and comfort and cheer. I prize ception room—going back in our his- early days, became one of my most him as a treasured friend. He is the tory and identifying those who served loyal and dedicated friends in the Sen- chairman of the Rules Committee on with unique distinction this wonderful ate. I am not saying we socialized to- which I serve with MITCH MCCONNELL, body over the plus-200 years of its ex- gether. I do not socialize with very and I am all the richer for it. istence. many people, if any, outside my own I also thank Senator MCCONNELL. He I cannot say with any certainty what family, but as a friend he proved him- had me down in Kentucky. I say down future generations will do, but I am self to me one of the staunchest. because it is south of West Virginia on

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.017 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S993 the map. He had me visit Kentucky a (b) FALSE INFORMATION IN REGISTERING AND EQUAL PROTECTION OF VOTING couple of years ago, a major university VOTING.—Any individual who knowingly RIGHTS ACT OF 2001—Continued commits fraud or knowingly makes a false there, and had me speak to a fine group Mr. DODD. Madam President, I am of young people. He treated me royally statement with respect to the naturaliza- tion, citizenry, or alien registry of such indi- pleased to tell the Chair and those who while I was there. vidual in violation of section 1015 of title 18, may be following the proceedings, we I thank both Senator MCCONNELL and United States Code, shall be fined or impris- have come to an agreement on six Senator DODD for their service to the oned, or both, in accordance with such sec- amendments this afternoon. Rather Senate and to their country, and I tion. than explain each amendment, which thank them for their friendship. Mr. DODD. I suggest the absence of a would take some time—the authors of I yield the floor. quorum. the amendments will certainly know Mr. DODD. I suggest the absence of a The PRESIDING OFFICER. The what we are talking about—I ask unan- quorum. clerk will call the roll. imous consent that the RECORD remain The PRESIDING OFFICER. The The assistant legislative clerk pro- open so that those who want to be clerk will call the roll. ceeded to call the roll. heard on the amendments—some have The assistant legislative clerk pro- Mr. DODD. Mr. President, I ask unan- cosponsors—can add remarks this ceeded to call the roll. imous consent the order for the evening. Mr. DODD. Mr. President, I ask unan- quorum call be dispensed with. The PRESIDING OFFICER. Without imous consent that the order for the The PRESIDING OFFICER. Without quorum call be rescinded. objection, it is so ordered. objection, it is so ordered. Mr. DODD. I thank in advance my The PRESIDING OFFICER. Without Mr. DODD. Mr. President, what is the objection, it is so ordered. staff, the staff of Senator McConnell, pending amendment? and the staffs of the respective authors f The PRESIDING OFFICER. Amend- of these amendments and others for EQUAL PROTECTION OF VOTING ment No. 2922, as modified, is the pend- their cooperation this afternoon. We RIGHTS ACT OF 2001—Continued ing amendment. have handled over 20 amendments. It Mr. DODD. Mr. President, I will Mr. DODD. Mr. President, I finished means that while tomorrow we still make a couple of unanimous consent explaining what the amendment is. It have some to deal with, we now have a requests to modify amendments. This is technical in nature. I urge its adop- manageable number, and it is looking has been discussed with the minority. tion. better and better for getting this bill The PRESIDING OFFICER. If there AMENDMENT NO. 2919, AS MODIFIED finished tomorrow afternoon or early is no further debate, the question is on evening. That is our hope. I ask unanimous consent amendment agreeing to the amendment. No. 2919, previously agreed to by the I ask unanimous consent that the The amendment (No. 2922), as modi- pending amendment be laid aside. Senate, be amended with the changes fied, was agreed to. now at the desk. The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I move to objection, it is so ordered. Mr. MCCONNELL. I am confused. reconsider the vote. Mr. DODD. The Hollings-McCain AMENDMENT NO. 2913; AMENDMENT NO. 2866, AS Mr. MCCONNELL. I move to lay that amendment. MODIFIED; AMENDMENT NO. 2900, AS MODIFIED; motion on the table. AMENDMENT NO. 2865; AMENDMENT NO. 2894, AS Mr. MCCONNELL. Fine. The motion to lay on the table was MODIFIED; AND AMENDMENT NO. 2926 The PRESIDING OFFICER. Without agreed to. objection, it is so ordered. Mr. DODD. Madam President, I ask Mr. DODD. Mr. President, I know The amendment will be so modified. unanimous consent that the following Senator MCCAIN wanted to be heard on The modification is as follows: amendments be considered and agreed other subject matters. I am going to to en bloc: amendment No. 2913 offered On page 2, line 11, after ‘‘with’’ insert ‘‘the put in a quorum call. There are five or Architectural and Transportation Barriers by Senators HARKIN and MCCAIN; Compliance Board and’’. six amendments, maybe none, maybe amendment No. 2866, as modified, of- one, maybe all, that we can come back AMENDMENT NO. 2922, AS MODIFIED fered by Senator LUGAR; amendment and adopt, but I will report back very Mr. DODD. Second, I ask consent No. 2900, as modified, offered by Sen- quickly to the Chamber the results of that my amendment, which is at the ator ENSIGN; amendment No. 2865 of- those discussions. In the meantime, if desk now, No. 2922, be modified with fered by Senator GRASSLEY; amend- Members come over and would like to changes at the desk to conform with ment No. 2894, as modified, as offered speak in morning business or on an- the amendment, the line numbers in by Senators HOLLINGS, REID, and KOHL; other subject matter, the floor will be the compromise. amendment No. 2926 offered by Senator theirs. LIEBERMAN. Mr. MCCONNELL. Reserving the I suggest the absence of a quorum. right to object, the Senator from Con- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The necticut has changed the amendment objection, it is so ordered. clerk will call the roll. he offered? The amendments (Nos. 2913 and 2894) The legislative clerk proceeded to Mr. DODD. I am modifying my own were agreed to. call the roll. amendment. The line numbers are (The text of amendment No. 2894, as Mr. DODD. Mr. President, I ask unan- wrong. modified, will be printed in tomorrow’s imous consent that the order for the The PRESIDING OFFICER. Without RECORD.) quorum call be rescinded. objection, it is so ordered. The amendments (Nos. 2866, as modi- The amendment will be so modified. The PRESIDING OFFICER. Without fied; 2900, as modified; 2865; and 2926) The amendment (No. 2922), as modi- objection, it is so ordered. were agreed to, as follows: fied, is as follows: f AMENDMENT NO. 2866, AS MODIFIED (Purpose: To clarify that the criminal pen- (Purpose: To ensure that Election Reform In- RECESS SUBJECT TO THE CALL OF centive Grant Program funds may be used alties retain the current specific intent THE CHAIR standard contained in the underlying stat- by States and localities to fund hotlines utes) Mr. DODD. Mr. President, I ask unan- for voters to report possible voting fraud and voting rights abuses) On page 68, strike lines 5 through 17, and imous consent that the Senate stand in insert the following: recess subject to the call of the Chair. On page 38, strike lines 9 through 12, and (a) CONSPIRACY TO DEPRIVE VOTERS OF A There being no objection, the Senate, insert the following: FAIR ELECTION.—Any individual who know- at 4:13 p.m., recessed subject to the call submitted under section 212(c)(1)(B) of such ingly and willfully gives false information in of the Chair and reassembled at 5:19 section; registering or voting in violation of section p.m. when called to order by the Pre- (6) to establish toll-free telephone hotlines 11(c) of the National Voting Rights Act of that voters may use to report possible voting 1965 (42 U.S.C. 1973i(c)), or conspires with an- siding Officer (Ms. STABENOW). fraud and voting rights violation and general other to violate such section, shall be fined The PRESIDING OFFICER (Ms. election information; or or imprisoned, or both, in accordance with STABENOW). The Senator from Con- (7) to meet the requirements under section such section. necticut. 101, 102, or 103.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.019 pfrm01 PsN: S25PT1 S994 CONGRESSIONAL RECORD — SENATE February 25, 2002

AMENDMENT NO. 2900, AS MODIFIED (Public Law 107–107; 115 Stat. 1274) upon the (iii) whether or not there is a need for (Purpose: To provide for a manual audit ca- enactment of that Act. more consistency among State recount and pacity that permits voters to verify their contest procedures used with respect to elec- vote at the time it is cast and used as the AMENDMENT NO. 2894, AS MODIFIED tions for Federal office; and official record for recounts) (Purpose: To require the Election Adminis- (J) such other matters as the Commission On page 5, strike line 19 through 21, and in- tration Commission to study the advis- Mr. DODD. I move to reconsider the sert the following: ability of establishing an election day holi- vote. (2) AUDIT CAPACITY.— day) Mr. MCCONNELL. I move to lay that (A) IN GENERAL.—The voting system shall At the appropriate place, insert the fol- motion on the table. produce a record with an audit capacity for lowing: such system. The motion to lay on the table was SEC. . ELECTION DAY HOLIDAY STUDY. (b) MANUAL AUDIT CAPACITY.— agreed to. (a) IN GENERAL.—In carrying out its duty (1) PERMANENT PAPER RECORD.—The voting The PRESIDING OFFICER. The Sen- system shall produce a permanent paper under section 303(a)(1)(G), the Commission, ator from Kentucky. record with a manual audit capacity for such within 6 months after its establishment, shall provide a detailed report to the Con- Mr. MCCONNELL. Madam President, system. let me indicate to the Republican Sen- (2) CORRECTION OF ERRORS.—The voting sys- gress on the advisability of establishing an tem shall provide the voter with an oppor- election day holiday, including options for ators that it is our bipartisan goal to tunity to change the ballot or correct any holding elections for Federal offices on an finish this bill tomorrow night. We es- error before the permanent paper record is existing legal public holiday such as Vet- timate we have maybe 8 to 10 amend- produced. erans Day, as proclaimed by the President, ments that may actually require a (3) OFFICIAL RECORD FOR RECOUNTS.—The or of establishing uniform weekend voting vote—maybe fewer—but in any event, printed record produced under subparagraph hours. we intend to press through the day to- (A) shall be available as an official record for (b) FACTORS CONSIDERED.—In conducting that study, the Commission shall take into morrow and wrap this bill up as early any recount conducted with respect to any as possible tomorrow. election for Federal office in which the sys- consideration the following factors: tem is used. (1) Only 51 percent of registered voters in Mr. DODD. Madam President, that is the United States turned out to vote during all we have. AMENDMENT NO. 2865 the November 2000 Presidential election— f well-below the worldwide turnout average of (Purpose: To ensure that absentee ballots of 72.9 percent for Presidential elections be- MORNING BUSINESS overseas voters are collected regularly and tween 1999 and 2000. After the 2000 election, returned to the United States in a timely Mr. DODD. Madam President, I ask the Census Bureau asked thousands of non- manner) voters why they did not vote. The top reason unanimous consent that the Senate On page 68, between lines 17 and 18, insert for not voting, given by 22.6 percent of the proceed to a period for morning busi- the following: respondents, was that they were too busy or ness. SEC. 402. DELIVERY OF MAIL FROM OVERSEAS had a conflicting work or school schedule. The PRESIDING OFFICER. Without PRECEDING FEDERAL ELECTIONS. (2) One of the recommendations of the Na- objection, it is so ordered. (a) RESPONSIBILITIES OF SECRETARY OF DE- tional Commission on Election Reform led f FENSE.— by former Presidents Carter and Ford is (1) ADDITIONAL DUTIES.—Section 1566(g) of ‘‘Congress should enact legislation to hold READ ACROSS AMERICA title 10, United States Code, as added by sec- presidential and congressional elections on a tion 1602(a)(1) of the National Defense Au- national holiday’’. Holding elections on the Ms. COLLINS. Madam President, I thorization Act for Fiscal Year 2002 (Public legal public holiday of Veterans Day, as pro- rise today with my good friend and col- Law 107–107; 115 Stat. 1274), is amended— claimed by the President and observed by league from Rhode Island, Senator (A) by redesignating paragraph (3) as para- the Federal government, may allow election REED, to encourage parents and schools graph (4); and day to be a national holiday without adding throughout our country to celebrate (B) by striking paragraph (2) and inserting the cost and administrative burden of an ad- National Read Across America Day by the following new paragraphs: ditional holiday. ‘‘(2) The Secretary shall ensure that voting reading to children. The resolution we (3) Holding elections on a holiday or week- submitted on February 15th asks par- materials are transmitted expeditiously by end could allow more working people to vote military postal authorities at all times. The more easily, potentially increasing voter ents to read to their children for at Secretary shall, to the maximum extent turnout. It could increase the pool of avail- least 30 minutes on March 2, the birth- practicable, implement measures to ensure able poll workers and make public buildings day of Dr. Seuss. The resolution also that a postmark or other official proof of more available for use as polling places. honors Dr. Seuss for his success in mailing date is provided on each absentee Holding elections over a weekend could pro- helping to open children to the joys of ballot collected at any overseas location or vide flexibility needed for uniform polling reading. vessel at sea whenever the Department of hours. Defense is responsible for collecting mail for Five years ago, the National Edu- (4) Several proposals to make election day cation Association conducted the first return shipment to the United States. The a holiday or to shift election day to a week- Secretary shall ensure that the measures im- end have been offered in the 107th Congress. Read Across America Day by providing plemented under the preceding sentence do Any new voting day options should be sen- teachers with resources to celebrate not result in the delivery of absentee ballots sitive to the religious observances of voters reading. The day was intended to pro- to the final destination of such ballots after of all faiths and to our nation’s veterans. mote reading activities not just on the the date on which the election for Federal of- day of the celebration, but throughout fice is held. AMENDMENT NO. 2926 ‘‘(3) The Secretary of each military depart- the year. Dr. Seuss’ birthday was cho- ment shall, to the maximum extent prac- (Purpose: To improve State recount and con- sen for the celebration because, in the ticable, provide notice to members of the test procedures in elections for Federal of- words of the NEA, ‘‘he epitomizes a armed forces stationed at that installation fice) love of learning and his use of rhyme of the last date before a general Federal elec- On page 54, strike lines 22 and 23, and in- makes his books an effective tool for tion for which absentee ballots mailed from sert the following: teaching young children the basic a postal facility located at that installation necessary to provide such assistance; skills they need to be successful.’’ can reasonably be expected to be timely de- (I)(i) the laws and procedures used by each In the last 5 years, more than 40 na- livered to the appropriate State and local State that govern— election officials.’’. (I) recounts of ballots cast in elections for tional education and reading associa- (2) REPORT.—The Secretary of Defense Federal office; tions have joined the NEA in making shall submit to Congress a report describing (II) contests of determinations regarding Read Across America the largest cele- the measures to be implemented under sec- whether votes are counted in such elections; bration of reading in the world. Groups tion 1566(g)(2) of title 10, United States Code and such as the American Library Associa- (as added by paragraph (1)), to ensure the (III) standards that define what will con- tion, the Boys and Girls Clubs of Amer- timely transmittal and postmarking of vot- stitute a vote on each type of voting equip- ica, the International Reading Associa- ing materials and identifying the persons re- ment used in the State to conduct elections tion, Reading is Fundamental, and the sponsible for implementing such measures. for Federal office; (b) EFFECTIVE DATE.—The amendments (ii) the best practices (as identified by the Screen Actors Guild all have assisted made by this section shall take effect as if Commission) that are used by States with re- in raising the profile of reading edu- included in section 1602 of the National De- spect to the recounts and contests described cation and making this day a tremen- fense Authorization Act for Fiscal Year 2002 in clause (i); and dous success.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.035 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S995 The importance of this day and this takes a book, sits with them on the for the Book National Institute for Lit- resolution is underscored by the chal- couch, and pretends to read them a eracy, National PTA, Reading Is Fun- lenge it addresses. Our Nation’s early story. When a child enters kinder- damental, and YMCA of the USA. The literacy problem is well documented. garten already recognizing letters and celebration includes activities in According to the National Institutes of familiar with books, she or he is better schools, libraries, and communities Health, approximately 20 million prepared to learn and less likely to en- across the nation that bring reading school-age children have difficulty counter difficulty in learning to read. excitement to children of all ages. reading. Only approximately 2.3 mil- This year, the Maine Education Asso- March 2nd is a fitting day for such a lion of these children are served in spe- ciation is hosting festivities through- celebration of reading, since it is the cial education under the category of out the State on Read Across America birthday of Theodore Geisel, otherwise learning disabilities. The remaining Day, and I hope to attend Eliot Ele- known as Dr. Seuss, the beloved chil- 17.7 million children who are poor read- mentary School in York County this dren’s author and illustrator. His ers do not meet the eligibility require- Friday to join in their celebration of books have inspired, and continue to ments for the learning disability cat- reading. I encourage my colleagues not inspire, generations of children to dis- egory. Some are provided assistance in only to support this resolution, but cover the joy of reading. Moreover, Dr. the form of compensatory education, also to make time to visit a classroom Seuss’ inventive use of rhyme make his but others are overlooked altogether. and help children discover the joys of books an enormously effective tool for Often it is only after a child develops reading. I can tell from first-hand expe- teaching basic reading skills to chil- a significant problem that any inter- rience that taking the time to read to dren. vention at all occurs. Typically, a child children is not only a worthwhile in- According to the latest results of the has reached the third or fourth grade vestment but also a wonderful experi- National Assessment of Educational before reading failure is diagnosed. At ence, and I know the Presiding Officer Progress (NAEP), from 1992 to 2000 the that point, what might have been a reads often to her twin sons and experi- reading scores of fourth graders re- slight lag in learning had it been ences that some joy. I have read to mained flat. What is most alarming is caught early has developed into a more children in more than 70 schools across that the gap between the highest and serious and challenging learning dis- the State of Maine and never tire of lowest achieving students is widening— ability. For students that have reached the joy and satisfaction such experi- the average score for top students in- the third grade without the ability to ences bring. creased, while the average score for read, every paragraph, every assign- I often read books by Maine authors, bottom students declined even more ment, every day in the classroom is a such as ‘‘Blueberries for Sal,’’ or ‘‘Miss significantly. struggle. They constantly battle em- Rumphias’’ to show children that they, These results indicate that our stu- barrassment and feelings of inad- too, can grow up to author books. I dents need a great deal of help to learn equacy, fearing that their classmates, never tire of the joy and satisfaction of to read and achieve. Addressing the their friends, will discover they cannot going into a classroom and reading to reading deficiency of our Nation’s stu- read. It is no wonder so many children children. Indeed, Madam President, the dents is essential, and clearly an area without basic reading skills lose their last school I visited was the Edna where Federal resources and support natural curiosity and excitement for Libby School in Standish, ME, a won- can bring about positive change. learning, for reading is the gateway to derful elementary school. I read to the This is why I was pleased to join Sen- academic success. students and I answered their ques- ator COLLINS in supporting the inclu- Last year, the President and Con- tions. Then the reading coordinator sion of the Reading First and Early gress worked together to complete a presented me with a pin that I am Reading First programs in the No Child major reform of the Elementary and wearing today. It is the ‘‘Read Across Left Behind Act signed into law earlier Secondary Education Act. With the en- America’’ pin. It pictures the United this year. These programs provide pro- actment of the No Child Left Behind States as well as Dr. Seuss’s famous fessional development for teachers to Act, two new programs, Reading First cat. That should be the inspiration for improve reading instruction and sup- and Early Reading First, will bring all of us. port reading initiatives for younger new federal resources for reading in- The NEA has graciously agreed to do- children. Coupled with resources for struction and early reading interven- nate one dozen Dr. Seuss books to any up-to-date and engaging school library tion. I am delighted that my Reading school visited by a Senator on Friday, books through the Improving Literacy First proposal was incorporated into March 1. I congratulate the NEA for Through School Libraries program, the final education reform package, the success of its Read Across America which I authored and offered with Sen- and even more excited that nearly $1 Program, and I applaud all of our ator COLLINS as an amendment to the billion in Federal funding has been al- schoolteachers, librarians, and most of No Child Left Behind Act, we are tak- located to this initiative in the first all, our parents, for their commitment ing steps to boost children’s reading year. It is my hope the new services for teaching reading. skills and love for reading. will reach children before a problem I hope we can pass this resolution I urge my colleagues to join us in develops and before they fall too far be- this week in time for Reading Across supporting this resolution in order to hind their peers. America Day and bring even more at- show our commitment to the impor- Although I have great faith that tention to the benefits of parental in- tance of literacy and to celebrate the these new programs will effectively re- volvement and reading to our children. joy of reading. duce the rate of reading failure Mr. REED. Madam President, I rise throughout our country, nothing can to join my colleague, Senator COLLINS, f replace the learning that takes place in support of a resolution to declare between parents and their children. March 2nd Read Across America Day. BROADBAND COMMUNICATIONS Much of the learning and preparation We submitted this resolution, S. Res. Mr. HOLLINGS. Madam President, that make reading possible occurs long 211, on February 15. the communications bill by Congress- before a child ever sets foot in a class- Read Across America Day is an an- men TAUZIN and DINGELL that the room. According to the National Cen- nual reading motivation and awareness House will vote on this week is blas- ter for Education Statistics, children program begun by the National Edu- phemy. Hailed as a way to enhance who were read to three or more times cation Association, and supported by competition, it eliminates it. Touted in a week by their parents are almost more than 40 national non-profit and as a way to enhance broadband commu- twice as likely to be able to identify association partners, including the nications, it merely allows the Bell every letter of the alphabet. They are American Library Association, Amer- companies to extend their local monop- also more likely to be able to count to ican Association of School Librarians, oly into broadband. 20, write their own names, and read or Boys and Girls Clubs of America, Girl I know the Bells’ tricks, based on pretend to read. It delights me to see Scouts of the USA, International Read- past performance. In 1984 when Judge the 2-year-old daughter of my chief of ing Association, Learning First Alli- Harold Green broke up AT&T’s monop- staff read to her stuffed animals. She ance, the Library of Congress—Center oly in long distance, he required AT&T

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.043 pfrm01 PsN: S25PT1 S996 CONGRESSIONAL RECORD — SENATE February 25, 2002 to sell long distance services at whole- sage of Tauzin-Dingell will squash They awakened a nation to the cause sale. This resulted in brisk new com- them totally and the country will re- of equality and justice for all—and, be- petition among MCI, Sprint, and GTE turn to an AT&T-like monopoly con- cause of their courage and foresight, that lowered prices for consumers. trol of communications. America is stronger. We are undoubt- AT&T’s local business was split into At present, there is no legal restric- edly better thinkers because of it . . . seven Bell companies. But they re- tion upon the Bells or anyone from pro- and better citizens because of it. tained their monopoly in local service, viding broadband. The problem is not Yet, it is that sense of accomplish- guaranteeing no competition, but a availability, but demand. In fact, ment that is, perhaps, our greatest guaranteed profit for them. broadband is already available to 80 enemy. Having survived the civil rights In the early 1990s the Bells decided percent of Americans. movement and then reaped the benefits they, too, wanted to compete in long But only one in four Americans who that struggle produced, we are inclined distance. Congress agreed in the 1996 have Internet in their homes are signed to believe that our work is done, that Telecommunications Act, but first we up for broadband. Who wants to pay $50 racial disparities don’t exist. But that employed the Judge Green approach by a month for faster access to their e- simply is not true. requiring access to the Bell network by mail? Content providers are awaiting While we may no longer tolerate competitors. For one full year, the Bell copyright protection legislation before legal discrimination and segregation— lawyers hammered out a step-by-step they render more content for more than ever before—we live seg- process how to open their networks. broadband users, and the lack of legis- regated lives in segregated neighbor- They came up with a 14-point check- lation protecting privacy on the Inter- hoods. We worship in segregated list, and once they complied, the Bells net keeps users away. churches, synagogues and mosques. could offer long distance in their re- Where there is an availability prob- And nearly a half century after the gion. They were so eager, they told us lem, of course Congress should assist in landmark desegregation case Brown v. they would comply within a year. extending broadband to rural and eco- Board of Education, our kids still at- Thus, the 1996 Act passed in the Senate nomically depressed areas. Bills for tend largely segregated schools. by a vote of 91 to 5 and in the House by rural subsidies and tax credits are now Now is no time to rest on the accom- a vote of 414 to 16. pending in Congress. But the first order plishments of yesteryear. We must re- But instead of moving into long dis- of business is to defeat the monopoly main vigilant in our efforts and true to tance, the Bells immediately launched grab of Tauzin-Dingell, and then en- the vision of legends like Dr. Martin a 6-year stonewalling in the courts force the intent of the 1996 Tele- Luther King, Jr. and Shirley Chisholm against competition. First, they communications Act. and Thurgood Marshall and Barbara claimed unconstitutional what their f Jordan—all of whom knew what we lawyers had just written. They lost at KEEPING AMERICA’S PROMISE: now know—namely, that America can the Supreme Court. And instead of EXERCISING VIGILANCE AND only be great when all her citizens are competing, they extended their monop- LEADERSHIP IN SUPPORT OF afforded an equal opportunity to grow oly by combining: Southwest Bell CIVIL RIGHTS and learn and, themselves, be great. bought Pacific Bell and Ameritech I was called to the U.S. Senate 30 calling it SBC; Qwest bought US West, Mr. BIDEN. Madam President, each years ago, inspired largely by this Bell Atlantic bought NYNEX and GTE year, we pause in February—Black His- promise of equal opportunity and by calling it Verizon; and BellSouth tory Month—to celebrate the out- the legions of civil rights workers who joined in holding off competition. standing achievements of African- risked life and limb to ensure that Time and again the FCC and State Americans past and present, and the America kept that promise. commissions fined the Bells for vio- extraordinary contributions they have lating the checklist they wrote. So far made to American history. When the When I commenced my service in they have been fined upwards of $1.8 annual tradition originated more than 1972, we were living in tumultuous billion. But what do they care? The 75 years ago, ‘‘black history’’ was bare- times—only a few years before, this Bells merely write off these fines in ly studied. African-Americans had been country had witnessed the assassina- their rates and continue their monopo- in this country at least as far back as tion of her bravest sons; we had sur- listic conduct. colonial times, but the history books vived a war abroad; and our security at To their credit, Verizon and SBC largely ignored the black American home threatened, then, by unfriendly moved to qualify for long distance in a population and the experiences that foreign powers and a deeply divided few States, but today the Bells control sprang from it. public—was uncertain. I thought then, roughly 93 percent of the last lines for However, prodded by the vision and as I do now, that vigilance and strong, communication into every home and ambition of Dr. Carter G. Woodson— outspoken leadership could usher in business in America. They contend one of this country’s great historians the healing and transformation we so that they are forced to provide access and the son of former slaves—all of desperately needed. to their network while cable is not. that began to change in 1926. In that Today, as America commemorates But the move should be toward com- year, we first recognized ‘‘Negro His- Black History Month, we are again fac- petition, not monopolization; and the tory Week’’ and later, in 1976, expanded ing troubled times. The tragic events Bells should simply comply with the the celebration to span a full month. of September 11th have tested our com- law they wrote. Now, Black History Month is cele- mitment to keeping America’s promise Now comes the Bells’ grand maneu- brated all over North America. to all her citizens. We honor the nearly ver—Tauzin-Dingell. It veritably re- Our Nation is far different today 3,000 innocents who died in New York, peals access requirements and the from the nation that existed when we at the Pentagon and in that field in roadmap for opening the Bell markets started this annual tradition. Racial western Pennsylvania not by cowering to competition. Worse, the FCC and all discrimination—once buttressed by our in fear or by abandoning our guarantee State commissions’ safeguards as to legal system—is no longer sanctioned of traditional civil rights. Rather, we pricing and service by the Bell compa- by law. Segregated lunch counters and honor their lives by, again, remaining nies are repealed, further strength- water fountains—commonplace only a vigilant and by exercising strong lead- ening their monopoly control. few decades ago—are now relics of the ership in opposition to intolerance and Pass Tauzin-Dingell and long dis- past. Barriers like poll taxes and other prejudice in our society. We honor tance companies will have to either shams—once tolerated—are no longer them by remaining true to our demo- submit or sell to the local Bell monop- permitted to bar African-Americans cratic principles and sense of justice. oly. The competitors spawned by the from voting. We honor them by seeking opportuni- 1996 Act are already on the ropes. Just Yes, America is a far better and ties to speak out against hatred and the threat of enactment of Tauzin-Din- much richer country today because of unfairness and inequality. gell has caused the capital markets to the enlightenment delivered, in no During this Black History Month and freeze their financing, and some 200 small part, by the leaders and foot sol- every month, we must remind our- companies have dropped like flies. Pas- diers of the movement for civil rights. selves of the great road we’ve traveled

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.045 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S997 but, at the same time, renew our com- and Warehousemen’s Union, Local 8, a From Washington, D.C. to Wall mitment to the basic truths and objec- union vice-president stated that ‘‘We Street, African Americans have left an tives that inspired the journey in the are not opposed to Harry Mills. We are indelible impression on the face of first place. This month and every fighting the Negro race! We cannot American recovery and strength. Yet month, we must re-dedicate ourselves open our doors to the Negro people while these leaders have played their to keeping America’s promise. after having kept them closed all this tremendous roles on the national f time.’’ stage, African Americans in commu- The doors which had always been nities across the country have made BLACK HISTORY MONTH closed to black Oregonians were slowly contributions of innumerable value. Mr. SMITH of Oregon. Madam Presi- opened after the end of the war. In 1947, Let us not forget that the strength of dent, in honor of Black History Month, a Fair Employment Practices bill was our Nation is inextricably linked to the I have come to the floor twice this introduced in the state legislature in fabric of our communities. month to discuss some of the early Salem. While soundly defeated ini- In my hometown of San Francisco, contributions of black Americans to tially, the bill was immediately resur- Reverend Cecil Williams has served for my home state of Oregon. Today, I rected by then State Representative 35 years as the Pastor of the Glide Me- come to the floor for a third time to Mark Hatfield, whose tireless efforts morial United Methodist Church. Rev. discuss some of the changes to Oregon led to the bill’s passage in 1949. In 1953, Williams was one of five students to civil rights that occurred during the the State Public Accommodations Act break the race barrier at Southern middle part of the 20th Century, at the was passed, guaranteeing black Orego- Methodist University in the 1950s and same time similar changes were sweep- nians access to the restaurants and accompanied Rev. Dr. Martin Luther ing across our entire nation. public parks which had for so long de- King, Jr. in the 1963 civil rights march. In the early 1900’s, Oregon was not nied them service. Under his leadership, the Glide Church home to many black Americans. Those two bills changed the civil has over 9,000 members and has become Eighty-five percent of Oregonians were rights landscape in a state which had the most comprehensive nonprofit pro- born in the state, and the rest gen- only years before explicitly excluded vider of human services in the city. erally came from Canada and northern black Americans in its constitution. The church maintains a wide variety of Europe. This was no accident Oregon, World War II, and events across the community outreach and assistance which had joined the Union as a ‘‘free country, served as a catalyst to that programs, such as providing people state’’ had, in its constitution, tech- change. Oregon, which had never had a with three meals a day, 365 days a year, nically barred black Americans from large population of black Americans, substance abuse treatment, support moving to the state until 1926. While it was suddenly forced to confront the against domestic violence, job re-entry help and a free health clinic. may not have been uniformly and vig- civil rights demands of a growing group of citizens, and responded slowly In Los Angeles, one can find the orously enforced across the state, Arti- headquarters of Operation HOPE, Inc., cle I, Section 35 of the Constitution of through its laws and practices. Posi- tive change occurred during the middle America’s first non-profit social in- the State of Oregon read: vestment banking organization, found- No free negro, or mulatto, not residing in part of the last century, and more posi- tive change, which I will discuss later ed by John Bryant. John is also the this State at the time of the adoption of this chairman of the board and CEO of the Constitution, shall come, reside, or be within in the week, was still to come. community-based banking organiza- this State, or hold any real estate, or make f any contracts, or maintain any suit therein; tion, which strives to bring economic and the Legislative Assembly shall provide A TRIBUTE TO THE HEROES self-sufficiency and revitalization to by penal laws, for the removal, by public of- Mrs. FEINSTEIN. Madam President, inner city communities. In 1994, John ficers, of all such negroes, and mulattoes, in the past year, America witnessed was selected by Time magazine as ‘‘One and for their effectual exclusion from the the extremes of both tragedy and hu- of America’s 50 Most Promising Lead- State, and for the punishment of persons manity. On September 11, 2001, we en- ers of the Future’’ and just last year he who shall bring them into the state, or em- dured the most atrocious and dev- was the recipient of Oprah Winfrey’s ploy, or harbor them. astating attacks on our soil. After such Angel Network ‘‘Use Your Life’’ Award. Thus, during the first decades of the tragic events, we searched for answers As a result of his hard work and inge- 20th Century, Oregon was probably and solace and found leaders and hope. nuity, Operation HOPE, Inc. has indeed home to no more than 2500 black citi- Amidst the rubble and ashes, have aris- become a symbol of hope to many. zens, a population only one-tenth the en tales of heroism, courage and com- Miriam Shipp-Tolliver-El has helped size of Oregon’s then politically active passion and we, as a nation, have educate an estimated 1,200 students Ku Klux Klan. emerged stronger and more united. In- during her 36 years as a teacher of chil- The nature of race relations in Or- deed, African Americans have contrib- dren from kindergarten through eighth egon changed for the better, however, uted enormously to this outcome. As grade in the Oceanside Unified School when World War II created an explo- we celebrate Black History Month and District and 25 years as an adjunct pro- sion of jobs in Portland’s shipyards and honor those outstanding heroes of the fessor at Palomar College in Oceanside, other defense-related industries. A past, we should also take this time to CA. Miriam encountered many racial large influx of black laborers immi- recognize the leaders of the present and barriers during her childhood in North grated to the region—primarily from their outstanding efforts. Carolina. While in high school in the Oklahoma, Texas, Arkansas, and Lou- In the political arena, leadership 1940s, she hoped to become a Roman isiana—and, almost overnight, among African Americans has tran- Catholic nun, but no convents would ballooned Oregon’s black population to scended political and racial lines. One accept an African American woman. more than 21,000. These new citizens need look no further than to Colin Her next choice of becoming a civil forced Oregonians to reckon with the Powell, our Secretary of State and rights lawyer was also unfulfilled be- civil rights issues they had ignored for Condoleezza Rice, the National Secu- cause law schools in her area would not decades. rity Adviser to the President. Both admit African American students. So These new Oregonians immediately have served the country ardently and Miriam became a teacher and a very faced widespread discrimination in tirelessly during our war against ter- accomplished one at that. She was a local businesses, public parks and play- rorism. co-founder of the North County NAACP grounds, and on the job. Black workers In times of economic uncertainty, we chapter in Oceanside. She also created were routinely denied membership in can look to Kenneth Chenault, the a multicultural program in Oceanside local unions, and members of the Port- Chief Executive Officer of American schools and started black studies class- land NAACP and Urban League worked Express; E. Stanley O’Neal, poised to es at the college. Just last year, at the diligently to organize black workers become CEO at Merrill Lynch; and age of 73, Miriam was the recipient of and integrate them fully into the Richard Parsons, soon to become CEO the Lifetime Achievement Award from workplace. In explaining the refusal of at AOL Time Warner, all models of suc- the NAACP chapter and a commenda- Harry Mills, a black longshoreman, cessful economic achievement and tion from the city of Oceanside for her into the International Longshoremen’s leadership. endeavors and achievements.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.025 pfrm01 PsN: S25PT1 S998 CONGRESSIONAL RECORD — SENATE February 25, 2002 These are but simply a few of the Af- to improve the lives of the people of lia, Bosnia, Saudi Arabia and in other rican American leaders that serve as the Commonwealth. Hilda is one of times and places where soldiers’ lives wonderful role models present in our those unique individuals who exudes were lost in service of our country. The communities. Countless others serve the kind of enthusiasm and spunk that American Gold Star Mothers work to each day in several capacities such as everybody wants to possess. Her energy promote the noble ideals for which doctors, counselors, police officers and and drive have allowed her to lead a their children fought and died. The municipal workers and their constant storied life that is full of family, gold star they wear is a source of pride contributions have helped make our friends, and accomplishments. Hilda for their families and a symbol of the country as strong as it has ever been. truly is one of a kind. sacrifice they have endured so that our As Mary McLeod Bethune, founder of Hilda began her professional career Nation might remain free. the National Council of Negro Women, as a teacher in Adair County, KY, and All of us who are parents know what stated: went on from there to work at the U.S. it is like to live with the fear of losing If we accept and acquiesce in the face of Department of Education during Presi- a child, but only those who have suf- discrimination, we accept the responsibility dent Reagan’s first term. In 1984, she fered through such a loss can know just ourselves and allow those responsible to jumped headfirst into the world of poli- how very painful it is. Gold Star Moth- salve their conscience by believing that they tics and worked on the successful have our acceptance and concurrence. ers have endured such a burden and Reagan-Bush presidential campaign. transformed their grief into an organi- If the events of September 11 have That same year she also helped me zation that serves not only the families proven anything, it is that we must not achieve victory in my very first Senate of all who have lost loved ones in the harbor hatred nor tolerate discrimina- campaign. From 1985–1987 she proudly military, but veterans everywhere, as tion. Now more than ever, we must em- served the people of western Kentucky well as our Nation as a whole. Their brace our differences and learn from as a Field Representative in my Bowl- grace, dignity and patriotism represent one another. We have proven that we ing Green office. the very best of America. can stand together, united against the Hilda is most widely known and face of terror and threat of evil, and praised for her service and dedication I have had the honor of meeting with overcome. That determination, spirit to the people of rural Kentucky and representatives of this wonderful orga- and resolve would not be possible with- America. Raised without running nization to discuss their history and out the many contributions of African water, the difficulties facing rural their work. Words alone cannot de- Americans at both national and local Americans is something Hilda experi- scribe how much I admire their cour- levels. I applaud their achievements enced firsthand as a child. As the Exec- age and resolve. We as a Nation have and encourage my fellow Californians utive Director and CEO of the Center an obligation to them: not only to rec- to do the same. for Rural Development in Somerset, ognize their profound sacrifice and the bravery of their lost loved ones, but to f Kentucky, Hilda strongly promoted economic development in eastern and give them support as they meet the LOCAL LAW ENFORCEMENT ACT challenges of life, challenges that I am OF 2001 southern Kentucky. Her leadership at this state-of-the-art facility helped sure would be easier to bear if their Mr. SMITH of Oregon. Madam Presi- make the Center a national model for children were with them today. dent, I rise today to speak about hate economic development in rural areas During this extraordinary time in crimes legislation I introduced with and for related educational, cultural, our history when, once again, Amer- Senator KENNEDY in March of last and recreational purposes. ican forces are overseas in battle, it is year. The Local Law Enforcement Act Now, as Administrator of the Rural fitting that we pay tribute to the sol- of 2001 would add new categories to Utilities Service, Hilda is working on diers who fought for the cause of free- current hate crimes legislation sending behalf of millions of people throughout dom and democracy in earlier conflicts a signal that violence of any kind is the United States. Specifically, her and to the families who have given up unacceptable in our society. Agency is responsible for helping rural so much in the name of these ideals. I would like to describe a terrible Americans finance electric, tele- We must memorialize the losses that crime that occurred in October 1999 in communications, and water projects. we, as a Nation, have suffered and Houston, TX. A man was beaten and The RUS also provides valuable loans make clear that what counts in the partially blinded by an attacker who and grants for rural distance learning long run is the quality and endurance believed the victim to be gay. The as- and telemedicine projects. President of human spirit. Nowhere has it been sailant, Roderick Brenneman, 59, was Bush was wise to choose Hilda for this given fuller flower than in our country. convicted of assault and sentenced to a important position and I am confident And in no organization can the power year in jail in connection with the inci- she will prove to be as good a friend to of the human spirit be seen more clear- dent. rural America as she has been to rural I believe that government’s first duty ly than in the American Gold Star Kentucky. Mothers. is to defend its citizens, to defend them Hilda, on behalf of my colleagues and against the harms that come out of myself, thank you for your contribu- Although we can never alleviate the hate. The Local Law Enforcement En- tions to Kentucky and this great na- pain of losing a son or daughter, we can hancement Act of 2001 is now a symbol tion. I wish you and your family the recognize the sacrifices these families that can become substance. I believe very best. have made and ensure that they suffer that by passing this legislation, we can no economic hardship. That is why I f change hearts and minds as well. am proud to cosponsor S. 129, ‘‘Gold f ADDITIONAL STATEMENTS Star Parents Annuity Act,’’ which was introduced by my colleague, and an TRIBUTE TO HILDA LEGG America hero, Senator MAX CLELAND of Mr. MCCONNELL. Madam President, AMERICAN GOLD STAR MOTHERS Georgia. This legislation would provide I rise today to honor a fine business- ∑ Mrs. CLINTON. Madam President, I a monthly stipend to Gold Star Par- woman, mother, and all-around great rise today to pay tribute to Americans ents. It can make a big difference in Kentuckian, Hilda Legg. On September who embody the extraordinary service the lives of families who are struggling 26, 2001, this body confirmed Hilda’s and sacrifice that make our country to make ends meet. But, more impor- nomination to be Administrator of the great: the American Gold Star Moth- tant, it can itself be a powerful symbol Rural Utilities Service in the U.S. De- ers. of our Nation’s respect for the service partment of Agriculture. Hilda is doing Formed shortly after World War I, and sacrifice of those who fought and a fantastic job at that post and I wish this organization has brought together died so that we might be free. I urge her many years of continued success. mothers who lost children during my colleagues to join me in supporting I have been privileged to know Hilda World War I, World War II, the Korean this important bill, and in paying trib- Legg for many years. She is a native War, the Vietnam War, Beirut, Gre- ute to the American Gold Star Moth- Kentuckian who has worked very hard nada, Panama, the Persian Gulf, Soma- ers.∑

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.029 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S999 TRIBUTE TO ROBERT L. TAYLOR Hutcherson, United States Marine females each year than the next 9 ∑ Mr. MCCONNELL. Madam President, Corps, on the occasion of his retire- causes of death combined. I rise today to pay tribute to a good ment from active duty. Colonel More deaths occur due to cardiac de- friend, successful scholar, and re- Hutcherson has served our great Na- fects than to any other birth defect. spected community leader, Robert L. tion and the Marine Corps for more Which leads me to one of the reasons I Taylor. Bob recently announced that than 26 years. have a special passion to do what I can he will retire from his position as Dean Prior to being commissioned a Sec- to promote healthy hearts. I lost a of the College of Business and Public ond Lieutenant in the United States beautiful young daughter to heart dis- Administration at the University of Marine Corps, Colonel Hutcherson at- ease some years ago, and I have an- Louisville. I want to thank Bob for his tended the United States Naval Acad- other daughter who has a heart defect. many years of service to the State of emy at Annapolis, MD. So I have spent a lot of time visiting Kentucky and to the Nation. Colonel Hutcherson’s Military Occu- with cardiologists about the human Since Bob first came to UofL in 1984, pational Specailty was that of a Ma- heart and have first hand knowledge of the Business School has soared to new rine ‘‘Cobra’’ pilot. The AH–1 attack the devastation of this disease. heights. Under Bob’s leadership, the helicopter provides the Marine infan- How can Members of Congress help School has grown to include new un- try with close air support. It also fight heart disease? For one thing, we dergraduate programs, as well as a serves as an armed escort and performs should continue on our course to in- masters of business administration, the reconnaissance in support of the Ma- crease funding for the National Insti- masters of public administration, and a rine Air Ground Task Force. tutes of Health. We have made a lot of doctoral program in urban affairs. Colonel Hutcherson recently con- progress and I hope that in 2003 we will Thanks to Bob’s vision, the School has cluded his Marine Corps career working have met our goal of doubled the fund- also developed a top notch entrepre- in the Marine Corps’ Legislative Af- ing of the NIH to $24 billion in only five neurship program which has garnered fairs Office of Headquarters, Marine years. I have visited the researchers at national attention and has been recog- Corps. For more than four years, he has NIH and what is going on there is re- nized by Success Magazine as one of interacted with the U.S. Congress in markable. the best programs in America. order to explain funding requirements I am pleased to have been one of As much as he is recognized for his to congressional Members and their those who stimulated this increase in professional success, Bob is also a wide- staffs. His efforts in this capacity were research not only of heart disease, but ly respected leader in the Louisville enormously important to educating the also, of a variety of other conditions business community. Never one to seek Congress on the importance of Marine such as cancer and diabetes. Yet even the spotlight, Bob has repeatedly Corps’ aviation in particular. with this increase in funding we must worked behind the scenes to facilitate Colonel Hutcherson has performed focus our eyes, and those of the Nation, communication among diverse groups his weighty and challenging duties on the many areas of research yet to be in the community. He has helped bring with steadfast commitment and pursued. Even with the significant in- people together time and time again unrivaled professionalism. The U.S. creases in funding, NIH still only has such as with his work in helping de- Senate has been fortunate to have a the ability to fund a fraction of meri- velop Greater Louisville, Inc., and Marine Officer of his caliber perform li- torious applications. That means many Leadership Louisville. Bob has played a aison duties with us. The Congress and missed opportunities for scientific ad- critical role in the economic develop- the Marine Corps have benefited im- vancement. ment of the Louisville area and his mensely from Colonel Hutcherson’s Much of what we know about the many contributions are greatly appre- wise counsel and candid nature. causes of cardiovascular disease has ciated. I wish him and his lovely wife, been discovered as the result of re- Prior to coming to the University of Marney, all the best as they enter a search sponsored by NIH and has lead Louisville, Bob led a distinguished 20- new chapter of their lives and pursue to much improved treatment. For ex- year career in the United States Air interests outside of the Marine Corps. ample, 50 years ago heart attack pa- Force. His military service began in ∑ tients faced a long ordeal of six weeks 1961 when he was commissioned Semper Fidelis. or more in the hospital and six months through the Air Force ROTC program. f before they could sit up in a chair. Now During his last ten years in the mili- RECOGNIZING AMERICAN HEART most patients return to normal activi- tary, Bob was a professor at the U.S. MONTH ties within weeks of a heart attack. Air Force Academy in Colorado ∑ Mr. DORGAN. Madam President, One of the top priorities at NIH is to Springs, Colorado. In 1981 he retired February is American Heart Month. support studies to facilitate reduction from the Air Force with the rank of This is the 38th year that the President of the epidemic of obesity in American lieutenant colonel. and the Congress have acknowledged Although he will be retiring from his children and adults. Obesity is an im- full time position as Dean of the Busi- the need to continue the fight against portant factor leading to diabetes, hy- ness School, Bob will continue to re- heart disease. Let me describe my in- pertension and lipid imbalances, all of main very active. In 2003, he has plans terest in this condition and why I have which are implicated in cardiovascular to spend time conducting research, a special desire to promote practices disease. studying and teaching. Ultimately, Bob that will lead to healthier hearts for I urge my colleagues to join the Con- intends to return to UofL in 2004 to all Americans. gressional Heart and Stroke Coalition teach at the Business School. It is important to recognize that that we founded in 1996. I am a co- Bob Taylor’s time as Dean of the Col- heart disease is this country’s number chairman in the Senate of this bi- lege of Business and Public Adminis- one killer and the leading cause of dis- cameral, bipartisan Coalition with tration at the University of Louisville ability and death in our country. It is Senator FRIST, who is a former heart may be coming to an end but his record estimated that if all forms of cardio- transplant surgeon. The purpose of the of unwavering service will continue on vascular disease were eliminated, life Coalition, which has grown to over 210 for many years. On behalf of this body, expectancy would rise by almost 7 Members, is to raise awareness among I thank him for his dedication and con- years. Congress and the public about cardio- tributions to Kentucky and this na- We need all of our citizens to become vascular diseases and to support public tion, and sincerely wish him and the more knowledgeable about this condi- policies to prevent, treat, and ulti- entire Taylor family the very best as tion and what can be done to identify mately cure these diseases. he moves into this next phase of life.∑ and control it. Too often, we think of The theme for this year’s Heart heart disease, stroke and other cardio- Month is ‘‘Be Prepared for Cardiac f vascular diseases as ‘‘men’s diseases.’’ Emergencies.’’ Although more than 600 TRIBUTE TO 26 YEARS OF But we need to get the message out Americans die every day of sudden car- MILITARY SERVICE that these conditions actually kill diac arrest, the good news is that nor- ∑ Mr. MILLER. Madam President, I more American women than men, and mal heart rhythm can be restored in rise to recognize Colonel Phillip R. that cardiovascular diseases kill more many cases using an electric shock

VerDate 11-MAY-2000 01:48 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.001 pfrm01 PsN: S25PT1 S1000 CONGRESSIONAL RECORD — SENATE February 25, 2002 from an automated external ators CAMPBELL and BINGAMAN, which ment of State, transmitting, pursuant to the defibrillator, or AED. adds this important benefit to the Arms Export Control Act, a report relative Thanks to modern technology, AEDs menu of preventive services already to the certification of a proposed manufac- are now portable, the size of a brief- turing license agreement with the United covered by Medicare. Kingdom; to the Committee on Foreign Rela- case, user friendly, and quite afford- My family and every family is tions. able, less than $3500. I was in Fargo, touched by, and is acquainted in some EC–5405. A communication from the Assist- ND, with an ambulance crew who way with, heart disease. The American ant Legal Adviser for Treaty Affairs, Depart- showed me how to hook it up and use Heart Association is a wonderful orga- ment of State, transmitting, pursuant to it. Believe me, if I can be trained to use nization of volunteers that does ex- law, the report of the texts and background it, I am sure any of my colleagues here traordinary work. I will continue to statements of international agreements, work with them and with the Heart other than treaties; to the Committee on in the Senate can as well! Foreign Relations. Congress has taken several steps to and Stroke Coalition in the Congress EC–5406. A communication from the Chief make AEDs more readily available. It to continue to make progress in bat- of Regulations and Administrative Law, passed the Cardiac Arrest Survival Act, tling this dreaded disease that kills, United States Coast Guard, Department of which I cosponsored. This new law fa- and reduces the quality of life of, so Transportation, transmitting, pursuant to cilities the placement of AEDs in Fed- many Americans.∑ law, the report of a rule entitled ‘‘Safety/Se- curity Zone Regulations; Naval Amphibious eral buildings and other public places f which are visited each day by countless Base, San Diego Bay, CA’’ ((RIN2115– EXECUTIVE AND OTHER AA97)(2002–0027)) received on February 11, visitors, and where more than 1 million COMMUNICATIONS 2002; to the Committee on Commerce, federal workers are employed. It also Science, and Transportation. extended ‘‘Good Samaritan″ protection The following communications were EC–5407. A communication from the Chief from legal liability for people who use laid before the Senate, together with of Regulations and Administrative Law, an AED to provide emergency medical accompanying papers, reports, and doc- United States Coast Guard, Department of care and for those who acquire AEDs. uments, which were referred as indi- Transportation, transmitting, pursuant to cated: law, the report of a rule entitled ‘‘Safety/Se- As the Chairman of the Treasury- curity Zone Regulations: Ports of Charleston General Government Appropriations EC–5396. A communication from the Regu- and Georgetown, SC’’ ((RIN2115–AA97)(2002– Subcommittee, I provided $2 million to lations Officer, Federal Highway Adminis- 0028)) received on February 11, 2002; to the place AEDs in Federal buildings in tration, Department of Transportation, Committee on Commerce, Science, and FY2002. The Senate earlier this month transmitting, pursuant to law, the report of Transportation. a rule entitled ‘‘Design Standards for High- EC–5408. A communication from the Chief passed the Community Access to Emer- ways’’ (RIN2125–AE89) received on February gency Defibrillation Act of 2002, that I of Regulations and Administrative Law, 14, 2002; to the Committee on Environment United States Coast Guard, Department of cosponsored, which will provide grants and Public Works. Transportation, transmitting, pursuant to for public access defibrillation pro- EC–5397. A communication from the Under law, the report of a rule entitled ‘‘Safety/Se- grams and demonstration projects. Secretary of Defense, Comptroller, transmit- curity Zone Regulations: St. Thomas, U.S. Programs to place defibrillators in ting, pursuant to law, a report concerning Virgin Islands’’ ((RIN2115–AA97)(2002–0029)) public places are already paying off. violations of the Antideficiency Act, case received on February 11, 2002; to the Com- For instance, a retired professor in my number 97–12, relative to Shaw Air Force mittee on Commerce, Science, and Transpor- Base, South Carolina; to the Committee on part of the country, Roger Spiled, suf- tation. Appropriations. EC–5409. A communication from the Chief fered cardiac arrest while playing bas- EC–5398. A communication from the Chief of Regulations and Administrative Law, ketball. Due to the quick action of an of the Regulations Branch, United States United States Coast Guard, Department of ordinary person with no medical train- Customs Service, Department of the Treas- Transportation, transmitting, pursuant to ing, who had ready access to an auto- ury, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Safety/Se- matic defibrillator that had been put in port of a rule entitled ‘‘Andean Trade Pref- curity Zone Regulations: St. Croix, U.S. Vir- place just one month earlier, Mr. erence Act’’ (RIN1515–AD03) received on Feb- gin Islands’’ ((RIN2115–AA97)(2002–0030)) re- ruary 14, 2002; to the Committee on Finance. ceived on February 11, 2002; to the Com- Spiled was shocked back to life. EC–5399. A communication from the Chair- Finally, Congress can help to encour- mittee on Commerce, Science, and Transpor- man of the Council of the District of Colum- tation. age cholesterol screening, which is one bia, transmitting, pursuant to law, a report EC–5410. A communication from the Chief of the best ways to quickly gauge the on D.C. Act 14–267, ‘‘Housing Act of 2002’’; to of Regulations and Administrative Law, risk for developing cardiovascular dis- the Committee on Governmental Affairs. United States Coast Guard, Department of eases. Although cardiovascular dis- EC–5400. A communication from the Assist- Transportation, transmitting, pursuant to eases account for one-third of all of ant Secretary of Legislative Affairs, Depart- law, the report of a rule entitled ‘‘Safety/Se- ment of State, transmitting, pursuant to Medicare’s spending for hospitaliza- curity Zone Regulations: Hutchinson Island, law, the report of a rule entitled ‘‘Docu- St. Lucia, Florida and Turkey Point Bis- tions, remarkably, the identification of mentation of Nonimmigrants under the Im- cayne Bay, Florida City, Florida’’ ((RIN2115– one of the major, changeable risk fac- migration and Nationality Act, As Amended: AA97)(2002–0022)) received on February 11, tors for cardiovascular disease, high Automatic Visa Revalidation’’ (22 CFR Part 2002; to the Committee on Commerce, levels of cholesterol is not covered by 41); to the Committee on Foreign Relations. Science, and Transportation. Medicare. EC–5401. A communication from the Assist- EC–5411. A communication from the Chief The most recent guidelines from the ant Secretary of Legislative Affairs, Depart- of Regulations and Administrative Law, National Heart, Lung and Blood Insti- ment of State, transmitting, pursuant to United States Coast Guard, Department of law, the Forty-Ninth Annual Report Con- Transportation, transmitting, pursuant to tute recommend that all Americans cerning United States Contributions to law, the report of a rule entitled ‘‘Safety/Se- over the age of 20 be screened for high International Organizations for Fiscal Year curity Zone Regulations: San Diego Bay, cholesterol, but when an American 2000; to the Committee on Foreign Relations. CA’’ ((RIN2115–AA97)(2002–0024)) received on turns 65 and enters the Medicare pro- EC–5402. A communication from the Assist- February 11, 2002; to the Committee on Com- gram, they are not eligible for choles- ant Secretary of Legislative Affairs, Depart- merce, Science, and Transportation. terol screening. This makes no sense. ment of State, transmitting, pursuant to the EC–5412. A communication from the Chief In recent years, Congress in its wis- Arms Export Control Act, a report relative of Regulations and Administrative Law, United States Coast Guard, Department of dom has acted to improve Medicare’s to the certification of a proposed license for the export of defense articles or defense serv- Transportation, transmitting, pursuant to coverage of preventive services. Medi- ices sold commercially under a contract in law, the report of a rule entitled ‘‘Safety/Se- care now covers screening for breast, the amount of $50,000,000 or more to Egypt; curity Zone Regulations: San Diego Bay’’ cervical, colorectal and prostate can- to the Committee on Foreign Relations. ((RIN2115–AA97)(2002–00258)) received on Feb- cer, testing for loss of bone mass, dia- EC–5403. A communication from the Assist- ruary 11, 2002; to the Committee on Com- betes monitoring, and vaccinations for ant Secretary of Legislative Affairs, Depart- merce, Science, and Transportation. flu, pneumonia, and Hepatitis B. ment of State, transmitting, pursuant to the EC–5413. A communication from the Chief Now we must act to provide Medicare Arms Export Control Act, a report relative of Regulations and Administrative Law, United States Coast Guard, Department of coverage of cholesterol screening. I to the certification of a proposed manufac- turing license agreement with Switzerland; Transportation, transmitting, pursuant to urge you to cosponsor the Medicare to the Committee on Foreign Relations. law, the report of a rule entitled ‘‘Safety/Se- Cholesterol Screening Coverage Act EC–5404. A communication from the Assist- curity Zone Regulations: Naval Supply Cen- that I have introduced, along with Sen- ant Secretary of Legislative Affairs, Depart- ter Pier, San Diego Bay, CA’’ ((RIN2115–

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G25FE6.032 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1001 AA97)(2002–0026)) received on February 11, EC–5423. A communication from the Pro- EC–5432. A communication from the Pro- 2002; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- Science, and Transportation. ministration, Department of Transportation, ministration, Department of Transportation, EC–5414. A communication from the Chief transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of of Regulations and Administrative Law, a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: United States Coast Guard, Department of Eurocopter Deutschland Model EC135 Heli- Airbus Model A319, A320, and A321 Series Air- Transportation, transmitting, pursuant to copters’’ ((RIN2120–AA64)(2002–0093)) received planes’’ ((RIN2120–AA64)(2002–0099)) received law, the report of a rule entitled ‘‘Draw- on February 11, 2002; to the Committee on on February 11, 2002; to the Committee on bridge Regulations: Mississippi River, Iowa Commerce, Science, and Transportation. Commerce, Science, and Transportation. and Illinois’’ ((RIN2115–AE47)(2002–0022)) re- EC–5424. A communication from the Pro- EC–5433. A communication from the Pro- ceived on February 11, 2002; to the Com- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, ministration, Department of Transportation, tation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–5415. A communication from the Chief a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Safety/Security Zone Regu- of Regulations and Administrative Law, Eurocopter France Model AS350B, B1, B2, lations: Oahu, Maui, Hawaii, and Kauai, HI United States Coast Guard, Department of BA, D, and AS355E Helicopters’’ ((RIN2120– (COTP Honolulu 01–008)’’ ((RIN2115– Transportation, transmitting, pursuant to AA64)(2002–0092)) received on February 11, AA97)(2002–0031)) received on February 11, law, the report of a rule entitled ‘‘Safety/Se- 2002; to the Committee on Commerce, 2002; to the Committee on Commerce, curity Zone Regulations: San Pedro Bay, CA Science, and Transportation. Science, and Transportation. (COTP Los Angeles-Long Beach 02–002)’’ EC–5425. A communication from the Pro- EC–5434. A communication from the Pro- ((RIN2115–AA97)(2002–0020)) received on Feb- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- ruary 11, 2002; to the Committee on Com- ministration, Department of Transportation, ministration, Department of Transportation, merce, Science, and Transportation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–5416. A communication from the Chief a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: of Regulations and Administrative Law, Dornier Model 328 Series Airplanes Equipped Boeing Model 747–100, –200, –300, and 747SR United States Coast Guard, Department of with Honeywell GP–300 Guidance and Dis- Series Airplanes; Powered by GE CFR–45/50 Transportation, transmitting, pursuant to play Controller’’ ((RIN2120–AA64)(2002–0091)) Pratt and Whitney JT9D Series’’ ((RIN2120– law, the report of a rule entitled ‘‘Safety/Se- received on February 11, 2002; to the Com- AA64)(2002–0104)) received on February 11, curity Zone Regulations: Port Everglades, mittee on Commerce, Science, and Transpor- 2002; to the Committee on Commerce, Fort Lauderdale, Florida (COTP Miami 01– tation. Science, and Transportation. 122)’’ ((RIN2115–AA97)(2002–0021)) received on EC–5426. A communication from the Pro- EC–5435. A communication from the Pro- February 11, 2002; to the Committee on Com- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- merce, Science, and Transportation. ministration, Department of Transportation, ministration, Department of Transportation, EC–5417. A communication from the Chief transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of of Regulations and Administrative Law, a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: United States Coast Guard, Department of Airbus Model A330 Series Airplanes’’ McDonnell Douglas Model DC 9 10, 20, 30, 40, Transportation, transmitting, pursuant to ((RIN2120–AA64)(2002–0098)) received on Feb- and 50 Series Airplanes; and C–9 Airplanes’’ law, the report of a rule entitled ‘‘Alternate ruary 11, 2002; to the Committee on Com- ((RIN2120–AA64)(2002–0103)) received on Feb- Compliance Program; Incorporation of Off- merce, Science, and Transportation. ruary 11, 2002; to the Committee on Com- shore Supply Vessels’’ ((RIN2115–AG17)(2002– EC–5427. A communication from the Pro- merce, Science, and Transportation. 0001)) received on February 11, 2002; to the EC–5436. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Transportation. ministration, Department of Transportation, transmitting, pursuant to law, the report of EC–5418. A communication from the Chief transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: of Regulations and Administrative Law, a rule entitled ‘‘Airworthiness Directives: Dornier Model 328–300 Series Airplanes’’ United States Coast Guard, Department of Bombardier Model DHC 8, 100, 200, and 300 ((RIN2120–AA64)(2002–0097)) received on Feb- Transportation, transmitting, pursuant to Series Airplanes’’ ((RIN2120–AA64)(2002–0102)) ruary 11, 2002; to the Committee on Com- law, the report of a rule entitled ‘‘Right to received on February 11, 2002; to the Com- merce, Science, and Transportation. Appeal; Director, Great Lakes Pilotage’’ mittee on Commerce, Science, and Transpor- EC–5428. A communication from the Pro- ((RIN2115–AG11)(2002–0001)) received on Feb- tation. ruary 11, 2002; to the Committee on Com- gram Analyst of the Federal Aviation Ad- EC–5437. A communication from the Pro- merce, Science, and Transportation. ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- EC–5419. A communication from the Chief transmitting, pursuant to law, the report of ministration, Department of Transportation, of Regulations and Administrative Law, a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of United States Coast Guard, Department of Grob-Werke Gmbh and Co KG Models G102 a rule entitled ‘‘IFR Altitudes: Miscella- Transportation, transmitting, pursuant to Club Astir III, IIIb, and G102 Standar Astir neous Amendments (21); Amdt. No. 433’’ law, the report of a rule entitled ‘‘Draw- III Sailplanes’’ ((RIN2120–AA64)(2002–0096)) ((RIN2120–AA63)(2002–0001)) received on Feb- bridge Regulations: Mississippi River, Wis- received on February 11, 2002; to the Com- ruary 14, 2002; to the Committee on Com- consin and Minnesota’’ ((RIN2115–AE47)(2002– mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. 0020)) received on February 11, 2002; to the tation. EC–5438. A communication from the Pro- Committee on Commerce, Science, and EC–5429. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Transportation. gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, EC–5420. A communication from the Chief ministration, Department of Transportation, transmitting, pursuant to law, the report of of Regulations and Administrative Law, transmitting, pursuant to law, the report of a rule entitled ‘‘Enhanced Security Proce- United States Coast Guard, Department of a rule entitled ‘‘Airworthiness Directives: dures for Operations at Certain Airports in Transportation, transmitting, pursuant to Israel Aircraft Industries, Ird. Model Galaxy the Washington, DC Metropolitan Area Spe- law, the report of a rule entitled ‘‘Draw- Airplanes’’ ((RIN2120–AA64)(2002–0095)) re- cial Flight Rules Area’’ (RIN2120–AH62) re- bridge Regulations: Cheesaquake Creek, NJ’’ ceived on February 11, 2002; to the Com- ceived on February 14, 2002; to the Com- ((RIN2115–AE47)(2002–0021)) received on Feb- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- ruary 11, 2002; to the Committee on Com- tation. tation. merce, Science, and Transportation. EC–5430. A communication from the Pro- EC–5439. A communication from the Pro- EC–5421. A communication from the Pro- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ministration, Department of Transportation, ministration, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Airworthiness Directives: BAE Systems Limited Model Avro 146 RJ Se- proach Procedures; Miscellaneous Amend- Boeing Model 757 Series Airplanes’’ ries Airplanes’’ ((RIN2120–AA64)(2002–0101)) ments (18); Amdt. No. 2089’’ ((RIN2120– ((RIN2120–AA64)(2002–0089)) received on Feb- received on February 11, 2002; to the Com- AA65)(2002–0011)) received on February 14, ruary 11, 2002; to the Committee on Com- mittee on Commerce, Science, and Transpor- 2002; to the Committee on Commerce, merce, Science, and Transportation. tation. Science, and Transportation. EC–5422. A communication from the Pro- EC–5431. A communication from the Pro- EC–5440. A communication from the Pro- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ministration, Department of Transportation, ministration, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Establishment of Class E Eurocopter France Model AS332L2 Heli- Airbus Model A319, A320, and A321 Series Air- Airspace Area, Kayenta, AZ’’ ((RIN2120– copters’’ ((RIN2120–AA64)(2002–0094)) received planes’’ ((RIN2120–AA64)(2002–0100)) received AA66)(2002–0024)) received on February 14, on February 11, 2002; to the Committee on on February 11, 2002; to the Committee on 2002; to the Committee on Commerce, Commerce, Science, and Transportation. Commerce, Science, and Transportation. Science, and Transportation.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.047 pfrm01 PsN: S25PT1 S1002 CONGRESSIONAL RECORD — SENATE February 25, 2002 EC–5441. A communication from the Pro- a rule entitled ‘‘Amendment of Class E5 Air- EC–5460. A communication from the Pro- gram Analyst of the Federal Aviation Ad- space; Andrews-Murphy, NC’’ ((RIN2120– gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, AA66)(2002–0011)) received on February 14, ministration, Department of Transportation, transmitting, pursuant to law, the report of 2002; to the Committee on Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment to Class D Air- Science, and Transportation. a rule entitled ‘‘Establishment, Redesigna- space; Eglin AFB, FL’’ ((RIN2120–AA66)(2002– EC–5451. A communication from the Pro- tion, and Revocation of Restricted Area, 0027)) received on February 14, 2002; to the gram Analyst of the Federal Aviation Ad- NV’’ ((RIN2120–AA66)(2002–0020)) received on Committee on Commerce, Science, and ministration, Department of Transportation, February 14, 2002; to the Committee on Com- Transportation. transmitting, pursuant to law, the report of merce, Science, and Transportation. EC–5442. A communication from the Pro- a rule entitled ‘‘Establishment of Class E5 EC–5461. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Airspace; Wauchula, FL’’ ((RIN2120– gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, AA66)(2002–0010)) received on February 14, ministration, Department of Transportation, transmitting, pursuant to law, the report of 2002; to the Committee on Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Revision to Class E Surface Science, and Transportation. a rule entitled ‘‘Modification of Class E Air- Area at Marysville Yuba County Airport, EC–5452. A communication from the Pro- space; Cleveland, OH; and Medina, OH; and CA’’ ((RIN2120–AA66)(2002–0026)) received on gram Analyst of the Federal Aviation Ad- Revocation of Class E Airspace; Elyria, OH’’ February 14, 2002; to the Committee on Com- ministration, Department of Transportation, ((RIN2120–AA66)(2002–0019)) received on Feb- merce, Science, and Transportation. transmitting, pursuant to law, the report of ruary 14, 2002; to the Committee on Com- EC–5443. A communication from the Pro- a rule entitled ‘‘Airspace Actions Modifica- merce, Science, and Transportation. EC–5462. A communication from the Pro- gram Analyst of the Federal Aviation Ad- tion of Class E Airspace; Youngstown, ND’’ gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ((RIN2120–AA66)(2002–0018)) received on Feb- ministration, Department of Transportation, transmitting, pursuant to law, the report of ruary 14, 2002; to the Committee on Com- transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Honolulu merce, Science, and Transportation. a rule entitled ‘‘Civil Penalty Inflation Ad- EC–5453. A communication from the Pro- Class E5 Airspace Area; Honolulu, HI, Air- justment Revisions’’ (RIN2120–AH21) received gram Analyst of the Federal Aviation Ad- space’’ ((RIN2120–AA66)(2002–0025)) received on February 14 , 2002; to the Committee on ministration, Department of Transportation, on February 14, 2002; to the Committee on Commerce, Science, and Transportation. Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–5463. A communication from the Prin- EC–5444. A communication from the Pro- a rule entitled ‘‘Establishment of Class E cipal Deputy Associate Administrator of the gram Analyst of the Federal Aviation Ad- Airspace; Santley, ND’’ ((RIN2120– Environmental Protection Agency, transmit- ministration, Department of Transportation, AA66)(2002–0017)) received on February 14, ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of 2002; to the Committee on Commerce, titled ‘‘Diflubenzuron; Pesticide Tolerance’’ a rule entitled ‘‘Airworthiness Directives: Science, and Transportation. (FRL6821–7) received on February 15, 2002; to MD Helicopter, Inc Model MD900 Heli- EC–5454. A communication from the Pro- the Committee on Agriculture, Nutrition, copters’’ ((RIN2120–AA64)(2002–0108)) received gram Analyst of the Federal Aviation Ad- and Forestry. on February 14, 2002; to the Committee on ministration, Department of Transportation, EC–5464. A communication from the Assist- Commerce, Science, and Transportation. transmitting, pursuant to law, the report of ant to the Federal Reserve Board, transmit- EC–5445. A communication from the Pro- a rule entitled ‘‘Modification of Class E Air- ting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- space; Hillsboro, ND’’ ((RIN2120–AA66)(2002– titled ‘‘Amendments to Home Mortgage Dis- ministration, Department of Transportation, 0016)) received on February 14, 2002; to the closure (Regulation C); Final Rule and Staff transmitting, pursuant to law, the report of Committee on Commerce, Science, and Interpretation’’ received on February 19, a rule entitled ‘‘Airworthiness Directives: Transportation. 2002; to the Committee on Banking, Housing, British Aerospace Model HP 137 Jetstream EC–5455. A communication from the Pro- and Urban Affairs. Mk 1, Jetstream Series 200, Jetstream Series gram Analyst of the Federal Aviation Ad- EC–5465. A communication from the Staff 3101, and Jetstream Model 3201 Airplanes’’ ministration, Department of Transportation, Director, United States Commission on Civil ((RIN2120–AA64)(2002–0107)) received on Feb- transmitting, pursuant to law, the report of Rights, transmitting, pursuant to the Fed- ruary 14, 2002; to the Committee on Com- a rule entitled ‘‘Establishment of Class E eral Advisory Committee Act, a list of state merce, Science, and Transportation. Airspace; Warren, MN’’ ((RIN2120–AA66)(2002– advisory committees recently rechartered by EC–5446. A communication from the Pro- 0015)) received on February 14, 2002; to the the Commission; to the Committee on the gram Analyst of the Federal Aviation Ad- Committee on Commerce, Science, and Judiciary. ministration, Department of Transportation, Transportation. EC–5466. A communication from the Dep- transmitting, pursuant to law, the report of EC–5456. A communication from the Pro- uty Secretary of Defense, transmitting, pur- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- suant to Section 701 of the National Defense GE Aircraft Engines CT7 Series Turboprop ministration, Department of Transportation, Authorization Act for Fiscal Year 2000, a re- Engines’’ ((RIN2120–AA64)(2002–0106)) re- transmitting, pursuant to law, the report of port relative to the Pharmacy Benefits Pro- ceived on February 14, 2002; to the Com- a rule entitled ‘‘Establishment of Class E gram; to the Committee on Armed Services. EC–5467. A communication from the In- mittee on Commerce, Science, and Transpor- Airspace: Kenmare, ND’’ ((RIN2120– spector General, Railroad Retirement Board, tation. AA66)(2002–0014)) received on February 14, transmitting, pursuant to law, the budget re- EC–5447. A communication from the Pro- 2002; to the Committee on Commerce, quest for the Office of the Inspector General gram Analyst of the Federal Aviation Ad- Science, and Transportation. for Fiscal Year 2003; to the Committee on ministration, Department of Transportation, EC–5457. A communication from the Pro- Governmental Affairs. gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of EC–5468. A communication from the Rail- ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: road Retirement Board, transmitting, pursu- Pliatus Aircraft Ltd. Model PC 7 Airplanes’’ transmitting, pursuant to law, the report of ant to law, the Board’s Congressional Jus- ((RIN2120–AA64)(2002–0105)) received on Feb- a rule entitled ‘‘Establishment of Class E tification of Budget Estimates for Fiscal ruary 14, 2002; to the Committee on Com- Airspace; Easton Memorial Hospital Heli- Year 2003; to the Committee on Govern- merce, Science, and Transportation. port, MD’’ ((RIN2120–AA66)(2002–0023)) re- mental Affairs. EC–5448. A communication from the Pro- ceived on February 14, 2002; to the Com- EC–5469. A communication from the Prin- gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- cipal Deputy Associate Administrator of the ministration, Department of Transportation, tation. Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of EC–5458. A communication from the Pro- ting, a report entitled ‘‘Principals for Man- a rule entitled ‘‘Airspace Actions Establish- gram Analyst of the Federal Aviation Ad- aging Contaminated Sediment Risks at Haz- ment of Class E Airspace; Bellingham, WA’’ ministration, Department of Transportation, ardous Waste Sites’’ received on February 15, ((RIN2120–AA66)(2002–0013)) received on Feb- transmitting, pursuant to law, the report of 2002; to the Committee on Environment and ruary 14, 2002; to the Committee on Com- a rule entitled ‘‘Establishment of Class E Public Works. merce, Science, and Transportation. Airspace; St. Mary’s Hospital Heliport, MD’’ EC–5470. A communication from the Prin- EC–5449. A communication from the Pro- ((RIN2120–AA66)(2002–0022)) received on Feb- cipal Deputy Associate Administrator of the gram Analyst of the Federal Aviation Ad- ruary 14, 2002; to the Committee on Com- Environmental Protection Agency, transmit- ministration, Department of Transportation, merce, Science, and Transportation. ting, a report entitled ‘‘Letter; Criterion transmitting, pursuant to law, the report of EC–5459. A communication from the Pro- Catalysts and Technologies L.P. (Criterion) a rule entitled ‘‘Establishment of Class E5 gram Analyst of the Federal Aviation Ad- of Regenerated Hydroprocessing Catalysts Airspace; Union, SC’’ ((RIN2120–AA66)(2002– ministration, Department of Transportation, for Reuse in Petroleum Refining Operations’’ 0012)) received on February 14, 2002; to the transmitting, pursuant to law, the report of received on February 15, 2002; to the Com- Committee on Commerce, Science, and a rule entitled ‘‘Establishment of Class D mittee on Environment and Public Works. Transportation. Airspace; Titusville, NASA Shuttle Landing EC–5471. A communication from the Prin- EC–5450. A communication from the Pro- Facility, FL’’ ((RIN2120–AA66)(2002–0021)) re- cipal Deputy Associate Administrator of the gram Analyst of the Federal Aviation Ad- ceived on February 14, 2002; to the Com- Environmental Protection Agency, transmit- ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of tation. titled ‘‘Approval and Promulgation of Air

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.049 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1003 Quality Implementation Plans and Designa- Environmental Protection Agency, transmit- planes and Model MD–88 Airplanes’’ tion of Areas for Air Quality Planning Pur- ting, pursuant to law, the report of a rule en- ((RIN2120–AA64) (2002–0064)) received on Feb- poses; Commonwealth of Massachusetts; Car- titled ‘‘National Emission Standards for Haz- ruary 6, 2002; to the Committee on Com- bon Monoxide Redesignation Request, Main- ardous Air Pollutants for Leather Finishing merce, Science, and Transportation. tenance Plan, and Emissions Inventory for Operations’’ (FRL7147–8) received on Feb- EC–5489. A communication from the Pro- the Cities of Lowell, Springfield, Waltham ruary 15, 2002; to the Committee on Environ- gram Analyst of the Federal Aviation Ad- and Worcester’’ (FRL7143–7) received on Feb- ment and Public Works. ministration, Department of Transportation, ruary 15, 2002; to the Committee on Environ- EC–5481. A communication from the Prin- transmitting, pursuant to law, the report of ment and Public Works. cipal Deputy Associate Administrator of the a rule entitled ‘‘Airworthiness Directives: EC–5472. A communication from the Prin- Environmental Protection Agency, transmit- McDonnell Douglas Model DC 9–10, –20, –30, cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- and –40 Series Airplanes’’ ((RIN2120–AA64) Environmental Protection Agency, transmit- titled ‘‘Regulation of Fuel and Fuel Addi- (2002–0063)) received on February 6, 2002; to ting, pursuant to law, the report of a rule en- tives: Reformulated Gasoline Transition’’ the Committee on Commerce, Science, and titled ‘‘Approval and Promulgation of Air (FRL7147–1) received on February 15, 2002; to Transportation. Quality Implementation Plans, State of the Committee on Environment and Public EC–5490. A communication from the Pro- Utah; Revisions of Definitions’’ (FRL7142–9) Works. gram Analyst of the Federal Aviation Ad- received on February 15, 2002; to the Com- EC–5482. A communication from the Pro- ministration, Department of Transportation, mittee on Environment and Public Works. gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of EC–5473. A communication from the Prin- ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: cipal Deputy Associate Administrator of the transmitting, pursuant to law, the report of McDonnell Douglas Model DC 9–10, –20, –30, Environmental Protection Agency, transmit- a rule entitled ‘‘Airworthiness Directives: and –40 Series Airplanes and C–9 Airplanes’’ ting, pursuant to law, the report of a rule en- Honeywell International Inc. Models LTS101– ((RIN2120–AA64) (2002–0062)) received on Feb- titled ‘‘Approval and Promulgation of Air 600A and LTS101–600A–3 Turboshaft Engines; ruary 6, 2002; to the Committee on Com- Quality Implementation Plans; State of and LTP101–6001A and LTP101–700A–1A Tur- merce, Science, and Transportation. Montana; Billings Carbon Monoxide Redesig- boprop Engines’’ ((RIN2120–AA64) (2002–0054)) EC–5491. A communication from the Pro- nation to Attainment and Designation of received on February 6, 2002; to the Com- gram Analyst of the Federal Aviation Ad- Areas for Air Quality Planning Purposes’’ mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, (FRL7139–6) received on February 15, 2002; to tation. transmitting, pursuant to law, the report of the Committee on Environment and Public EC–5483. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Works. gram Analyst of the Federal Aviation Ad- McDonnell Douglas Model DC 10–10, 15, 30F, EC–5474. A communication from the Prin- ministration, Department of Transportation, and 40 Series Airplanes, and Model MD–10– cipal Deputy Associate Administrator of the transmitting, pursuant to law, the report of 10F Series Airplanes’’ ((RIN2120–AA64) (2002– Environmental Protection Agency, transmit- a rule entitled ‘‘Airworthiness Directives: 0070)) received on February 6, 2002; to the ting, pursuant to law, the report of a rule en- McDonnell Douglas Model DC 9–10, –20, –30, Committee on Commerce, Science, and titled ‘‘Approval and Promulgation of Imple- and –40 Series Airplanes and C–9 Airplanes’’ Transportation. EC–5492. A communication from the Pro- mentation Plans and Operating Permits Pro- ((RIN2120–AA64) (2002–0061)) received on Feb- gram Analyst of the Federal Aviation Ad- gram; State of Missouri’’ (FRL7146–5) re- ruary 6, 2002; to the Committee on Com- ministration, Department of Transportation, ceived on February 15, 2002; to the Com- merce, Science, and Transportation. mittee on Environment and Public Works. EC–5484. A communication from the Pro- transmitting, pursuant to law, the report of EC–5475. A communication from the Prin- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: cipal Deputy Associate Administrator of the McDonnell Douglas Model DC 9–10, –20, –30, ministration, Department of Transportation, Environmental Protection Agency, transmit- –40, and –50 Series Airplanes; C–9 Airplanes; transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- and Model DC 9–81, –82, and –83 Series Air- a rule entitled ‘‘Airworthiness Directives: titled ‘‘Approval and Promulgation of Imple- planes’’ ((RIN2120–AA64) (2002–0069)) received McDonnell Douglas Model DC 9–10, –20, –30, mentation Plans; Minnesota’’ (FRL7136–4) re- on February 6, 2002; to the Committee on and –40 Series Airplanes and C–9 Series Air- ceived on February 15, 2002; to the Com- Commerce, Science, and Transportation. planes; Docket No. 2001–NM’’ ((RIN2120– mittee on Environment and Public Works. EC–5493. A communication from the Pro- EC–5476. A communication from the Prin- AA64) (2002–0060)) received on February 6, gram Analyst of the Federal Aviation Ad- cipal Deputy Associate Administrator of the 2002; to the Committee on Commerce, ministration, Department of Transportation, Environmental Protection Agency, transmit- Science, and Transportation. transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- EC–5485. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: titled ‘‘Approval and Promulgation of Imple- gram Analyst of the Federal Aviation Ad- McDonnell Douglas Model DC 9–10, –20, –30, mentation Plans; Ohio’’ (FRL7133–8) received ministration, Department of Transportation, –40, and –50 Series Airplanes; C–9 Airplanes; on February 15, 2002; to the Committee on transmitting, pursuant to law, the report of and Model DC 9–81, –82, –83, and –87 Series Environment and Public Works. a rule entitled ‘‘Airworthiness Directives: Airplanes’’ ((RIN2120–AA64) (2002–0066)) re- EC–5477. A communication from the Prin- Honeywell International Inc. TPE331–8–10N, ceived on February 6, 2002; to the Committee cipal Deputy Associate Administrator of the and –12B Turboprop Engines’’ ((RIN2120– on Commerce, Science, and Transportation. Environmental Protection Agency, transmit- AA64) (2002–0059)) received on February 6, EC–5494. A communication from the Pro- ting, pursuant to law, the report of a rule en- 2002; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- titled ‘‘Clean Air Act Attainment Finding; Science, and Transportation. ministration, Department of Transportation, Bullhead City and Payson Nonattainment EC–5486. A communication from the Pro- transmitting, pursuant to law, the report of Areas, Arizona; Sacramento and San gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: Bernadino Nonattainment Area, California; ministration, Department of Transportation, McDonnell Douglas Model DC 9–10, –20, –30, Particulate Matter of 10 microns or less transmitting, pursuant to law, the report of –40, and –50 Series Airplanes; C–9 Airplanes’’ (PM–10)’’ (FRL7143–2) received on February a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA64) (2002–0067)) received on Feb- 15, 2002; to the Committee on Environment McDonnell Douglas Model MD 90–30 Series ruary 6, 2002; to the Committee on Com- and Public Works. Airplanes’’ ((RIN2120–AA64) (2002–0058)) re- merce, Science, and Transportation. EC–5478. A communication from the Prin- ceived on February 6, 2002; to the Committee EC–5495. A communication from the Pro- cipal Deputy Associate Administrator of the on Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- Environmental Protection Agency, transmit- EC–5487. A communication from the Pro- ministration, Department of Transportation, ting, pursuant to law, the report of a rule en- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of titled ‘‘Clean Air Act Final Approval of Op- ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: erating Permit Program Revisions; Jefferson transmitting, pursuant to law, the report of McDonnell Douglas Model DC 8 Series Air- County (KY)’’ (FRL7143–9) received on Feb- a rule entitled ‘‘Airworthiness Directives: planes’’ ((RIN2120–AA64) (2002–0075)) received ruary 15, 2002; to the Committee on Environ- McDonnell Douglas Model DC 9–10, –20, –30, on February 6, 2002; to the Committee on ment and Public Works. –40, and –50 Series Airplanes; Model DC 9–81, Commerce, Science, and Transportation. EC–5479. A communication from the Prin- –82, –83, and –87 Series Airplanes and Model EC–5496. A communication from the Pro- cipal Deputy Associate Administrator of the MD–88 Airplanes; and C–9 Airplanes’’ gram Analyst of the Federal Aviation Ad- Environmental Protection Agency, transmit- ((RIN2120–AA64) (2002–0065)) received on Feb- ministration, Department of Transportation, ting, pursuant to law, the report of a rule en- ruary 6, 2002; to the Committee on Com- transmitting, pursuant to law, the report of titled ‘‘Interim Final Determination that merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: State has Corrected the Rule Deficiencies EC–5488. A communication from the Pro- McDonnell Douglas Model DC 9–10 and –30 and Stay of Sanctions, El Dorado County Air gram Analyst of the Federal Aviation Ad- Series Airplanes’’ ((RIN2120–AA64) (2002– Pollution Control District, State of Cali- ministration, Department of Transportation, 0073)) received on February 6, 2002; to the fornia’’ (FRL7139–4) received on February 15, transmitting, pursuant to law, the report of Committee on Commerce, Science, and 2002; to the Committee on Environment and a rule entitled ‘‘Airworthiness Directives: Transportation. Public Works. McDonnell Douglas Model DC 9–10, –20, –30, EC–5497. A communication from the Pro- EC–5480. A communication from the Prin- –40, and –50 Series Airplanes; C–9 Airplanes; gram Analyst of the Federal Aviation Ad- cipal Deputy Associate Administrator of the Model DC 9–81, –82, –83, and –87 Series Air- ministration, Department of Transportation,

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.052 pfrm01 PsN: S25PT1 S1004 CONGRESSIONAL RECORD — SENATE February 25, 2002 transmitting, pursuant to law, the report of which two-thirds of the total amount (Ms. LANDRIEU) was added as a cospon- a rule entitled ‘‘Airworthiness Directives: of the combined monthly benefit (be- sor of S. 1523, a bill to amend title II of McDonnell Douglas Model DC 10–10, –10F, –30, fore reduction) and monthly pension the Social Security Act to repeal the –30F, –40, and –40F Series Airplanes, and exceeds $1,200, adjusted for inflation. Government pension offset and wind- Model MD 10–10F Series Airplanes’’ ((RIN2120–AA64) (2002–0072)) received on Feb- S. 630 fall elimination provisions. ruary 6, 2002; to the Committee on Com- At the request of Mr. BURNS, the S. 1806 merce, Science, and Transportation. name of the Senator from Arkansas At the request of Mr. REED, the name EC–5498. A communication from the Pro- (Mr. HUTCHINSON) was added as a co- of the Senator from Virginia (Mr. WAR- gram Analyst of the Federal Aviation Ad- sponsor of S. 630, a bill to prohibit NER) was added as a cosponsor of S. ministration, Department of Transportation, senders of unsolicited commercial elec- 1806, a bill to amend the Public Health transmitting, pursuant to law, the report of tronic mail from disguising the source Service Act with respect to health pro- a rule entitled ‘‘Airworthiness Directives: of their messages, to give consumers McDonnell Douglas Model DC 10 Series Air- fessions programs regarding the prac- the choice to cease receiving a sender’s tice of pharmacy. planes; and Model MD 10–10F and –30F Series unsolicited commercial electronic mail Airplanes’’ ((RIN2120–AA64) (2002–0071)) re- messages, and for other purposes. S. 1897 ceived on February 6, 2002; to the Committee At the request of Mrs. CARNAHAN, the S. 682 on Commerce, Science, and Transportation. name of the Senator from Illinois (Mr. EC–5499. A communication from the Pro- At the request of Mr. MCCAIN, the gram Analyst of the Federal Aviation Ad- names of the Senator from Virginia DURBIN) was added as a cosponsor of S. ministration, Department of Transportation, (Mr. ALLEN) and the Senator from New 1897, a bill to require disclosure of the transmitting, pursuant to law, the report of Hampshire (Mr. SMITH) were added as sale of securities by an affiliate of the a rule entitled ‘‘Airworthiness Directives: cosponsors of S. 682, a bill to amend issuer of the securities to be made Airbus Model A300 B2 and B4, A300 B4–600 and title II of the Social Security Act to re- available to the Commission and to the B4–600R and A310 Series Airplanes’’ store the link between the maximum public in electronic form, and for other ((RIN2120–AA64) (2002–0074)) received on Feb- purposes. ruary 6, 2002; to the Committee on Com- amount of earnings by blind individ- merce, Science, and Transportation. uals permitted without demonstrating S. 1912 EC–5500. A communication from the Presi- ability to engage in substantial gainful At the request of Mr. SMITH of Or- dent of the United States, transmitting, pur- activity and the exempt amount per- egon, the name of the Senator from suant to law, a report relative to the Yucca mitted in determining excess earnings Idaho (Mr. CRAIG) was added as a co- Mountain Project; to the Committee on En- under the earnings test. sponsor of S. 1912, a bill to amend the ergy and Natural Resources. S. 1169 Endangered Species Act of 1973 to re- f At the request of Mr. FEINGOLD, the quire the Secretary of the Interior and INTRODUCTION OF BILLS AND name of the Senator from Louisiana the Secretary of Commerce to give JOINT RESOLUTIONS (Ms. LANDRIEU) was added as a cospon- greater weights to scientific or com- sor of S. 1169, a bill to streamline the mercial data that is empirical or has The following bills and joint resolu- regulatory processes applicable to been field-tested or peer-reviewed, and tions were introduced, read the first home health agencies under the medi- for other purposes. and second times by unanimous con- care program under title XVIII of the sent, and referred as indicated: S. 1921 Social Security Act and the medicaid At the request of Mr. HUTCHINSON, By Mr. REED (for himself, Mr. LEVIN, program under title XIX of such Act, Mr. WARNER, Mr. DASCHLE, Mr. the name of the Senator from Virginia and for other purposes. MCCAIN, Ms. LANDRIEU, Mr. (Mr. WARNER) was added as a cosponsor LIEBERMAN, Mr. HUTCHINSON, Mr. S. 1194 of S. 1921, a bill to amend the Internal HAGEL, Mr. BINGAMAN, Mr. At the request of Mr. SPECTER, the Revenue Code of 1986 and the Employee SANTORUM, Mr. SMITH of New Hamp- name of the Senator from Oregon (Mr. Retirement Income Security Act of shire, Mr. DEWINE, Mrs. CLINTON, Mr. WYDEN) was added as a cosponsor of S. 1974 to provide greater protection of SCHUMER, Mr. NELSON of Florida, Mr. 1194, a bill to impose certain limita- workers’ retirement plans, to prohibit BUNNING, Mr. THURMOND, Mrs. tions on the receipt of out-of-State mu- certain activities by persons providing CARNAHAN, Mr. KENNEDY, Mr. AKAKA, nicipal solid waste, to authorize State auditing services to issuers of public Mr. DAYTON, Mr. INOUYE, Mr. SPEC- and local controls over the flow of mu- TER, Mr. SHELBY, and Ms. COLLINS): securities, and for other purposes. nicipal solid waste, and for other pur- S.J. Res. 32. A joint resolution congratu- S. 1924 poses. lating the United States Military Academy At the request of Mr. LIEBERMAN, the S. 1209 at West Point on its bicentennial anniver- name of the Senator from Texas (Mrs. sary, and commending its outstanding con- At the request of Mr. BINGAMAN, the HUTCHISON) was added as a cosponsor of tributions to the Nation; considered and name of the Senator from Rhode Island S. 1924, a bill to promote charitable passed. (Mr. REED) was added as a cosponsor of giving, and for other purposes. f S. 1209, a bill to amend the Trade Act S. 1934 ADDITIONAL COSPONSORS of 1974 to consolidate and improve the trade adjustment assistance programs, At the request of Ms. MIKULSKI, the S. 572 to provide community-based economic name of the Senator from Maryland At the request of Mr. CHAFEE, the development assistance for trade-af- (Mr. SARBANES) was added as a cospon- name of the Senator from Ohio (Mr. fected communities, and for other pur- sor of S. 1934, a bill to amend the Law DEWINE) was added as a cosponsor of S. poses. Enforcement Pay Equity Act of 2000 to 572, a bill to amend title XIX of the So- S. 1328 permit certain annuitants of the retire- cial Security Act to extend modifica- At the request of Ms. LANDRIEU, the ment programs of the United States tions to DSH allotments provided name of the Senator from West Vir- Park Police and United States Secret under the Medicare, Medicaid, and ginia (Mr. ROCKEFELLER) was added as Service Uniformed Division to receive SCHIP Benefits Improvement and Pro- a cosponsor of S. 1328, a bill entitled the adjustments in pension benefits to tection Act of 2000. the ‘‘Conservation and Reinvestment which such annuitants would otherwise S. 611 Act’’. be entitled as a result of the conversion At the request of Ms. MIKULSKI, the S. 1391 of members of the United States Park name of the Senator from Florida (Mr. At the request of Mr. SCHUMER, the Police and United States Secret Serv- NELSON) was added as a cosponsor of S. name of the Senator from New York ice Uniformed Division to a new salary 611, a bill to amend title II of the So- (Mrs. CLINTON) was added as a cospon- schedule under the amendments made cial Security Act to provide that the sor of S. 1391, a bill to establish a grant by such Act. reduction in social security benefits program for Sexual Assault Forensic S. 1935 which are required in the case of Examiners, and for other purposes. At the request of Ms. MIKULSKI, the spouses and surviving spouses who are S. 1523 name of the Senator from Maryland also receiving certain Government pen- At the request of Mrs. FEINSTEIN, the (Mr. SARBANES) was added as a cospon- sions shall be equal to the amount by name of the Senator from Louisiana sor of S. 1935, a bill to amend chapters

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.054 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1005 83 and 84 of title 5, United States Code, ment of Justice shall provide assistance to ments for the 2004 Federal elections, to include inspectors of the Immigra- States and localities in improving election and for other purposes; which was or- tion and Naturalization Service, in- technology and the administration of Fed- dered to lie on the table; as follows: spectors and canine enforcement offi- eral elections, to require States to meet uni- form and nondiscriminatory election tech- On page 54, strike lines 22 and 23, and in- cers of the United States Customs nology and administration requirements for sert the following: Service, and revenue officers of the In- the 2004 Federal elections, and for other pur- necessary to provide such assistance; ternal Revenue Service as law enforce- poses. (I) the technical feasibility of providing ment officers. SA 2923. Mrs. FEINSTEIN submitted an voting materials in 8 or more languages for voters who speak those languages and who S. RES. 109 amendment intended to be proposed by her to the bill S. 565, supra; which was ordered to are limited English proficient; and At the request of Mr. REID, the lie on the table. (J) such other matters as the Commission names of the Senator from Pennsyl- SA 2924. Mrs. FEINSTEIN (for herself and vania (Mr. SPECTER), the Senator from Mrs. BOXER) submitted an amendment in- SA 2924. Mrs. FEINSTEIN (for herself Wyoming (Mr. ENZI), the Senator from tended to be proposed by her to the bill S. and Mrs. BOXER) submitted an amend- Alaska (Mr. MURKOWSKI), and the Sen- 565, supra; which was ordered to lie on the ment intended to be proposed by her to ator from California (Mrs. BOXER) were table. the bill S. 565, to establish the Commis- added as cosponsors of S. Res. 109, a SA 2925. Mrs. FEINSTEIN submitted an sion on Voting Rights and Procedures resolution designating the second Sun- amendment intended to be proposed by her to the bill S. 565, supra; which was ordered to to study and make recommendations day in the month of December as ‘‘Na- lie on the table. regarding election technology, voting, tional Children’s Memorial Day’’ and SA 2926. Mr. DODD (for Mr. LIEBERMAN) and election administration, to estab- the last Friday in the month of April proposed an amendment to the bill S. 565, lish a grant program under which the as ‘‘Children’s Memorial Flag Day.’’ supra. Office of Justice Programs and the AMENDMENT NO. 2894 f Civil Rights Division of the Depart- At the request of Mr. KOHL, his name TEXT OF AMENDMENTS ment of Justice shall provide assist- was added as a cosponsor of amend- ance to States and localities in improv- ment No. 2894 proposed to S. 565, a bill SA 2922. Mr. DODD proposed an ing election technology and the admin- to establish the Commission on Voting amendment to the bill S. 565, to estab- istration of Federal elections, to re- Rights and Procedures to study and lish the Commission on Voting Rights quire States to meet uniform and non- make recommendations regarding elec- and Procedures to study and make rec- discriminatory election technology and tion technology, voting, and election ommendations regarding election tech- administration requirements for the administration, to establish a grant nology, voting, and election adminis- 2004 Federal elections, and for other program under which the Office of Jus- tration, to establish a grant program purposes; which was ordered to lie on tice Programs and the Civil Rights Di- under which the Office of Justice Pro- the table; as follows: vision of the Department of Justice grams and the Civil Rights Division of On page 68, between lines 17 and 18, insert shall provide assistance to States and the Department of Justice shall pro- the following: localities in improving election tech- vide assistance to States and localities SEC. ll. RETROACTIVE PAYMENTS FOR CER- nology and the administration of Fed- in improving election technology and TAIN DRE VOTING SYSTEMS. eral elections, to require States to the administration of Federal elec- In addition to any other payment made tions, to require States to meet uni- under section 206 or 215, the Attorney Gen- meet uniform and nondiscriminatory eral may make retroactive payments under election technology and administra- form and nondiscriminatory election technology and administration require- such section (as appropriate) to any State or tion requirements for the 2004 Federal locality having an application approved elections, and for other purposes. ments for the 2004 Federal elections, under section 203 or 213 (as appropriate) for and for other purposes; as follows: AMENDMENT NO. 2915 any costs incurred by such State or locality On page 68, strike lines 5 through 17, and for the purpose of acquiring a direct record- At the request of Ms. COLLINS, the insert the following: ing electronic voting system during calendar names of the Senator from North Da- (a) CONSPIRACY TO DEPRIVE VOTERS OF A year 1999 or calendar year 2000 if that State kota (Mr. DORGAN), the Senator from FAIR ELECTION.—Any individual who know- or locality is continuing to make payments South Dakota (Mr. JOHNSON) , the Sen- ingly and willfully gives false information in for such system as of the date of enactment ator from Wyoming (Mr. ENZI), and the registering or voting in violation of section of this Act. Senator from Maine (Ms. SNOWE) were 11(c) of the National Voting Rights Act of added as cosponsors of amendment No. 1965 (42 U.S.C. 1973i(c)), or conspires with an- SA 2925. Mrs. FEINSTEIN submitted 2915 proposed to S. 565, a bill to estab- other to violate such section, shall be fined an amendment intended to be proposed or imprisoned, or both, in accordance with lish the Commission on Voting Rights by her to the bill S. 565, to establish such section. the Commission on Voting Rights and and Procedures to study and make rec- (b) FALSE INFORMATION IN REGISTERING AND ommendations regarding election tech- VOTING.—Any individual who knowingly Procedures to study and make rec- nology, voting, and election adminis- commits fraud or knowingly makes a false ommendations regarding election tech- tration, to establish a grant program statement with respect to the naturaliza- nology, voting, and election adminis- under which the Office of Justice Pro- tion, citizenry, or alien registry of such indi- tration, to establish a grant program grams and the Civil Rights Division of vidual in violation of section 1015 of title 18, under which the Office of Justice Pro- the Department of Justice shall pro- United States Code, shall be fined or impris- grams and the Civil Rights Division of oned, or both, in accordance with such sec- the Department of Justice shall pro- vide assistance to States and localities tion. in improving election technology and vide assistance to States and localities the administration of Federal elec- SA 2923. Mrs. FEINSTEIN submitted in improving election technology and tions, to require States to meet uni- an amendment intended to be proposed the administration of Federal elec- form and nondiscriminatory election by her to the bill S. 565, to establish tions, to require States to meet uni- technology and administration require- the Commission on Voting Rights and form and nondiscriminatory election ments for the 2004 Federal elections, Procedures to study and make rec- technology and administration require- and for other purposes. ommendations regarding election tech- ments for the 2004 Federal elections, f nology, voting, and election adminis- and for other purposes; which was or- tration, to establish a grant program dered to lie on the table; as follows: AMENDMENTS SUBMITTED AND under which the Office of Justice Pro- On page 14, between lines 2 and 3, insert PROPOSED grams and the Civil Rights Division of the following: SA 2922. Mr. DODD proposed an amend- the Department of Justice shall pro- The appropriate State or local official shall ment to the bill S. 565, to establish the Com- vide assistance to States and localities establish and maintain reasonable proce- mission on Voting Rights and Procedures to in improving election technology and dures necessary to protect the security, con- study and make recommendations regarding fidentiality, and integrity of personal infor- election technology, voting, and election ad- the administration of Federal elec- mation collected, stored, or otherwise used ministration, to establish a grant program tions, to require States to meet uni- by the free access system established under under which the Office of Justice Programs form and nondiscriminatory election paragraph (6)(B). Access to information and the Civil Rights Division of the Depart- technology and administration require- about an individual provisional ballot shall

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.056 pfrm01 PsN: S25PT1 S1006 CONGRESSIONAL RECORD — SENATE February 25, 2002 be restricted to the individual who cast the The PRESIDING OFFICER. Without Sec. 171. Reduction of commodity benefits to im- ballot. objection, it is so ordered. prove nutrition assistance. Sec. 172. Reports on equitable relief and SA 2926. Mr. DODD (for Mr. f misaction-misinformation re- LIEBERMAN) proposed an amendment to AGRICULTURE, CONSERVATION quests. the bill S. 565, to establish the Commis- AND RURAL ENHANCEMENT ACT Sec. 173. Estimates of net farm income. sion on Voting Rights and Procedures OF 2001 Sec. 174. Commodity Credit Corporation inven- tory. to study and make recommendations On February 13, 2002, the Senate Sec. 175. Agricultural producers supplemental regarding election technology, voting, passed H.R. 2646, with an amendment in payments and assistance. and election administration, to estab- the nature of a substitute, as follows: Subtitle E—Payment Limitation Commission lish a grant program under which the Resolved, That the bill from the House of Sec. 181. Establishment of Commission. Office of Justice Programs and the Representatives (H.R. 2646) entitled ‘‘An Act Sec. 182. Duties. Civil Rights Division of the Depart- to provide for the continuation of agricul- Sec. 183. Powers. ment of Justice shall provide assist- tural programs through fiscal year 2011.’’, do Sec. 184. Commission personnel matters. ance to States and localities in improv- pass with the following amendment: Sec. 185. Federal Advisory Committee Act. ing election technology and the admin- Strike out all after the enacting clause and Sec. 186. Funding. insert: istration of Federal elections, to re- Sec. 187. Termination of Commission. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle F—Emergency Agriculture Assistance quire States to meet uniform and non- (a) SHORT TITLE.—This Act may be cited as discriminatory election technology and the ‘‘Agriculture, Conservation, and Rural En- Sec. 191. Income loss assistance. administration requirements for the hancement Act of 2002’’. Sec. 192. Livestock assistance program. 2004 Federal elections, and for other (b) TABLE OF CONTENTS.—The table of con- Sec. 193. Market loss assistance for apple pro- purposes; as follows: tents of this Act is as follows: ducers. Sec. 194. Commodity Credit Corporation. On page 54, strike lines 22 and 23, and in- TITLE I—COMMODITY PROGRAMS Sec. 195. Administrative expenses. sert the following: Sec. 101. Definitions. Sec. 196. Regulations. necessary to provide such assistance; Subtitle A—Direct and Counter-Cyclical Sec. 197. Emergency requirement. (I)(i) the laws and procedures used by each Payments TITLE II—CONSERVATION State that govern— Sec. 111. Direct and counter-cyclical payments. Subtitle A—Conservation Security (I) recounts of ballots cast in elections for Sec. 112. Violations of contracts. Federal office; Sec. 113. Planting flexibility. Sec. 201. Conservation security program. (II) contests of determinations regarding Sec. 114. Pilot program for farm counter-cycli- Sec. 202. Funding. whether votes are counted in such elections; cal savings accounts. Sec. 203. Partnerships and cooperation. and Subtitle B—Nonrecourse Marketing Assistance Sec. 204. Administrative requirements for con- (III) standards that define what will con- Loans and Loan Deficiency Payments servation programs. Sec. 205. Reform and assessment of conserva- stitute a vote on each type of voting equip- Sec. 121. Nonrecourse marketing assistance tion programs. ment used in the State to conduct elections loans and loan deficiency pay- Sec. 206. Conservation security program regula- for Federal office; ments. tions. (ii) the best practices (as identified by the Sec. 122. Eligible production. Commission) that are used by States with re- Sec. 123. Loan rates. Sec. 207. Conforming amendments. spect to the recounts and contests described Sec. 124. Term of loans. Subtitle B—Program Extensions in clause (i); and Sec. 125. Repayment of loans. Sec. 211. Comprehensive conservation enhance- (iii) whether or not there is a need for Sec. 126. Loan deficiency payments. ment program. Sec. 127. Payments in lieu of loan deficiency more consistency among State recount and Sec. 212. Conservation reserve program. payments for grazed acreage. contest procedures used with respect to elec- Sec. 213. Environmental quality incentives pro- tions for Federal office; and Sec. 128. Special marketing loan provisions for upland cotton. gram. (J) such other matters as the Commission Sec. 214. Wetlands reserve program. Subtitle C—Other Commodities f Sec. 215. Water conservation. CHAPTER 1—DAIRY Sec. 216. Resource conservation and develop- NOTICES OF HEARINGS/MEETINGS Sec. 131. Milk price support program. ment program. COMMITTEE ON INDIAN AFFAIRS Sec. 132. National dairy program. Sec. 217. Wildlife habitat incentive program. Sec. 133. Dairy export incentive and dairy in- Sec. 218. Farmland protection program. Mr. INOUYE. Mr. President, I would demnity programs. like to announce that the Committee Sec. 219. Grassland reserve program. Sec. 134. Fluid milk promotion. Sec. 220. State technical committees. Sec. 135. Dairy product mandatory reporting. on Indian Affairs will meet on Tuesday, Sec. 221. Use of symbols, slogans, and logos. March 5, 2002, at 10 a.m. in room 485 of Sec. 136. Funding of dairy promotion and re- Subtitle C—Organic Farming the Russell Senate Office Building to search program. Sec. 137. Dairy studies. conduct an oversight hearing on the Sec. 231. Organic Agriculture Research Trust CHAPTER 2—SUGAR Fund. President’s budget request for Indian Sec. 141. Sugar program. Sec. 232. Establishment of National Organic Re- programs for fiscal year 2003. Sec. 142. Storage facility loans. search Endowment Institute. Those wishing additional information Sec. 143. Flexible marketing allotments for Subtitle D—Regional Equity may contact the Indian Affairs Com- sugar. Sec. 241. Allocation of conservation funds by Sec. 144. Reallocation of sugar quota. mittee at 224–2251. State. CHAPTER 3—PEANUTS COMMITTEE ON INDIAN AFFAIRS Subtitle E—Miscellaneous Mr. INOUYE. Mr. President, I would Sec. 151. Peanut program. Sec. 152. Termination of marketing quotas for Sec. 261. Cranberry acreage reserve program. like to announce that the Committee peanuts and compensation to pea- Sec. 262. Klamath Basin. on Indian Affairs will meet on Thurs- nut quota holders. TITLE III—TRADE day, March 7, 2002, at 10 a.m. in room Subtitle D—Administration Subtitle A—Agricultural Trade Development 485 of the Russell Senate Office Build- Sec. 161. Marketing orders for caneberries. and Assistance Act of 1954 and Related Statutes ing to conduct an oversight hearing on Sec. 162. Reserve stock level. Sec. 301. United States policy. the President’s budget request for In- Sec. 163. Farm reconstitutions. Sec. 302. Provision of agricultural commodities. Sec. 164. Adjustment authority related to Uru- dian programs for fiscal year 2003. Sec. 303. Generation and use of currencies by Those wishing additional information guay Round compliance. Sec. 165. Suspension of permanent price support private voluntary organizations may contact the Indian Affairs Com- authority. and cooperatives. mittee at 224–2251. Sec. 166. Commodity purchases. Sec. 304. Levels of assistance. Sec. 305. Food Aid Consultative Group. f Sec. 167. Hard white wheat incentive payments. Sec. 168. Livestock assistance program. Sec. 306. Maximum level of expenditures. PRIVILEGE OF THE FLOOR Sec. 169. Payment limitations; nutrition and Sec. 307. Administration. Ms. COLLINS. Madam President, I commodity programs. Sec. 308. Assistance for stockpiling and rapid Sec. 170. Restriction of commodity and crop in- transportation, delivery, and dis- ask unanimous consent that privileges surance payments, loans, and tribution of shelf-stable pre- of the floor be granted to Caileen Nut- benefits to previously cropped packaged foods. ter for the duration of the time for land; food stamp program for cer- Sec. 309. Pilot emergency relief program to pro- morning business. tain qualified aliens. vide live lamb to Afghanistan.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4637 Sfmt 6343 E:\CR\FM\A25FE6.059 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1007 Sec. 310. Sale procedure. Sec. 441. Availability of commodities for the Sec. 543. Insurance Corporation premiums. Sec. 311. Prepositioning. emergency food assistance pro- Sec. 544. Board of Directors of the Federal Agri- Sec. 312. Expiration date. gram. cultural Mortgage Corporation. Sec. 313. Micronutrient fortification program. Sec. 442. Use of approved food safety tech- Subtitle E—General Provisions Sec. 314. John Ogonowski Farmer-to-Farmer nology. Program. Sec. 551. Inapplicability of finality rule. Sec. 443. Innovative programs for addressing Sec. 552. Technical amendments. Subtitle B—Agricultural Trade Act of 1978 common community problems. Sec. 553. Effective date. Sec. 444. Report on use of electronic benefit Sec. 321. Export credit guarantee program. TITLE VI—RURAL DEVELOPMENT Sec. 322. Market access program. transfer systems. Sec. 323. Export enhancement program. Sec. 445. Vitamin and mineral supplements. Subtitle A—Empowerment of Rural America Sec. 324. Foreign market development coop- Subtitle B—Miscellaneous Provisions Sec. 601. National Rural Cooperative and Busi- erator program. Sec. 451. Reauthorization of commodity pro- ness Equity Fund. Sec. 325. Food for progress and education pro- grams. Sec. 602. Rural business investment program. grams. Sec. 452. Partial restoration of benefits to legal Sec. 603. Full funding of pending rural develop- Sec. 326. Exporter assistance initiative. immigrants. ment loan and grant applications. Subtitle C—Miscellaneous Agricultural Trade Sec. 453. Commodities for school lunch pro- Sec. 604. Rural Endowment Program. Sec. 605. Enhancement of access to broadband Provisions grams. Sec. 454. Eligibility for free and reduced price service in rural areas. Sec. 331. Bill Emerson Humanitarian Trust. Sec. 606. Value-added agricultural product Sec. 332. Emerging markets. meals. market development grants. Sec. 333. Biotechnology and agricultural trade Sec. 455. Eligibility for assistance under the Sec. 607. National Rural Development Informa- program. special supplemental nutrition tion Clearinghouse. Sec. 334. Surplus commodities for developing or program for women, infants, and friendly countries. children. Subtitle B—National Rural Development Sec. 335. Agricultural trade with Cuba. Sec. 456. Report on conversion of WIC program Partnership Sec. 336. Sense of Congress concerning agricul- into an individual entitlement Sec. 611. Short title. tural trade. program. Sec. 612. National Rural Development Partner- Sec. 337. Report on use of perishable commod- Sec. 457. Commodity donations. ship. ities. Sec. 458. Purchases of locally produced foods. Subtitle C—Consolidated Farm and Rural Sec. 338. Sense of Senate concerning foreign as- Sec. 459. Seniors farmers’ market nutrition pro- Development Act sistance programs. gram. Sec. 621. Water or waste disposal grants. Sec. 460. Farmers’ market nutrition program. TITLE IV—NUTRITION PROGRAMS Sec. 622. Rural business opportunity grants. Sec. 401. Short title. Sec. 461. Fruit and vegetable pilot program. Sec. 623. Rural water and wastewater circuit Sec. 462. Congressional Hunger Fellows Pro- Subtitle A—Food Stamp Program rider program. gram. Sec. 624. Multijurisdictional regional planning Sec. 411. Encouragement of payment of child Sec. 463. Nutrition information and awareness support. organizations. pilot program. Sec. 625. Certified nonprofit organizations shar- Sec. 412. Simplified definition of income. Sec. 464. Effective date. Sec. 413. Increase in benefits to households ing expertise. TITLE V—CREDIT with children. Sec. 626. Loan guarantees for certain rural de- Sec. 414. Simplified determination of housing Subtitle A—Farm Ownership Loans velopment loans. costs. Sec. 501. Direct loans. Sec. 627. Rural firefighters and emergency per- Sec. 415. Simplified utility allowance. Sec. 502. Financing of bridge loans. sonnel grant program. Sec. 416. Simplified procedure for determination Sec. 503. Limitations on amount of farm owner- Sec. 628. Tribal college and university essential of earned income. ship loans. community facilities. Sec. 417. Simplified determination of deduc- Sec. 504. Joint financing arrangements. Sec. 629. Emergency community water assist- tions. Sec. 505. Guarantee percentage for beginning ance grant program. Sec. 418. Simplified definition of resources. farmers and ranchers. Sec. 630. Water and waste facility grants for Sec. 419. Alternative issuance systems in disas- Sec. 506. Guarantee of loans made under State Native American tribes. ters. beginning farmer or rancher pro- Sec. 631. Water systems for rural and native vil- Sec. 420. State option to reduce reporting re- grams. lages in Alaska. quirements. Sec. 507. Down payment loan program. Sec. 632. Rural business enterprise grants. Sec. 421. Benefits for adults without depend- Sec. 508. Beginning farmer and rancher con- Sec. 633. Rural cooperative development grants. ents. tract land sales program. Sec. 634. Grants to broadcasting systems. Sec. 635. Business and industry loan modifica- Sec. 422. Preservation of access to electronic Subtitle B—Operating Loans benefits. tions. Sec. 423. Cost neutrality for electronic benefit Sec. 511. Direct loans. Sec. 636. Value-added intermediary relending transfer systems. Sec. 512. Amount of guarantee of loans for trib- program. Sec. 424. Alternative procedures for residents of al farm operations; waiver of limi- Sec. 637. Use of rural development loans and certain group facilities. tations for tribal farm operations grants for other purposes. Sec. 425. Redemption of benefits through group and other farm operations. Sec. 638. Simplified application forms for loan living arrangements. Subtitle C—Administrative Provisions guarantees. Sec. 426. Availability of food stamp program ap- Sec. 521. Eligibility of limited liability compa- Sec. 639. Definition of rural and rural area. plications on the Internet. nies for farm ownership loans, Sec. 640. Rural entrepreneurs and microenter- Sec. 427. Simplified determinations of con- farm operating loans, and emer- prise assistance program. tinuing eligibility. gency loans. Sec. 641. Rural seniors. Sec. 428. Clearinghouse for successful nutrition Sec. 522. Debt settlement. Sec. 642. Children’s day care facilities. education efforts. Sec. 523. Temporary authority to enter into Sec. 643. Rural telework. Sec. 429. Transitional food stamps for families contracts; private collection agen- Sec. 644. Historic barn preservation. moving from welfare. cies. Sec. 645. Grants for emergency weather radio Sec. 430. Delivery to retailers of notices of ad- Sec. 524. Interest rate options for loans in serv- transmitters. verse action. icing. Sec. 646. Grants for training farm workers. Sec. 431. Reform of quality control system. Sec. 525. Annual review of borrowers. Sec. 647. Delta Regional Authority. Sec. 432. Improvement of calculation of State Sec. 526. Simplified loan applications. Sec. 648. SEARCH grants for small commu- performance measures. Sec. 527. Inventory property. nities. Sec. 433. Bonuses for States that demonstrate Sec. 528. Definitions. Sec. 649. Northern Great Plains Regional Au- high performance. Sec. 529. Loan authorization levels. thority. Sec. 434. Employment and training program. Sec. 530. Interest rate reduction program. Subtitle D—Food, Agriculture, Conservation, Sec. 435. Reauthorization of food stamp pro- Sec. 531. Options for satisfaction of obligation and Trade Act of 1990 gram and food distribution pro- to pay recapture amount for Sec. 651. Alternative Agricultural Research and gram on Indian reservations. shared appreciation agreements. Commercialization Corporation. Sec. 436. Coordination of program information Sec. 532. Waiver of borrower training certifi- Sec. 652. Telemedicine and distance learning efforts. cation requirement. services in rural areas. Sec. 437. Expanded grant authority. Sec. 533. Annual review of borrowers. Sec. 438. Access and outreach pilot projects. Subtitle E—Rural Electrification Act of 1936 Sec. 439. Consolidated block grants and admin- Subtitle D—Farm Credit Sec. 661. Guarantees for bonds and notes issued istrative funds. Sec. 541. Repeal of burdensome approval re- for electrification or telephone Sec. 440. Assistance for community food quirements. purposes. projects. Sec. 542. Banks for cooperatives. Sec. 662. Expansion of 911 access.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4637 Sfmt 6343 E:\CR\FM\A25FE6.001 pfrm01 PsN: S25PT1 S1008 CONGRESSIONAL RECORD — SENATE February 25, 2002 TITLE VII—AGRICULTURAL RESEARCH, Subtitle D—Land-Grant Funding Sec. 804. Forestry incentives program. EDUCATION, AND EXTENSION AND RE- CHAPTER 1—1862 INSTITUTIONS Sec. 805. Sustainable forestry cooperative pro- gram. LATED MATTERS Sec. 751. Carryover. Subtitle A—National Agricultural Research, Sec. 752. Reporting of technology transfer ac- Sec. 806. Sustainable forest management pro- Extension, and Teaching Policy Act of 1977 tivities. gram. Sec. 807. Forest Legacy Program. Sec. 701. Definitions. Sec. 753. Compliance with multistate and inte- Sec. 808. Forest fire research centers. Sec. 702. National Agricultural Research, Ex- gration requirements. Sec. 809. Wildfire prevention and hazardous tension, Education, and Econom- CHAPTER 2—1994 INSTITUTIONS fuel purchase program. ics Advisory Board. Sec. 754. Extension at 1994 institutions. Sec. 810. Chesapeake Bay Watershed Forestry Sec. 703. Grants and fellowships for food and Sec. 755. Equity in Educational Land-Grant Program. agricultural sciences education. Status Act of 1994. Sec. 811. Enhanced community fire protection. Sec. 704. Competitive research facilities grant Sec. 756. Eligibility for integrated grants pro- Sec. 812. Watershed forestry assistance pro- program. gram. gram. Sec. 705. Grants for research on the production Sec. 813. Suburban and Community Forestry and marketing of alcohols and in- CHAPTER 3—1890 INSTITUTIONS and Open Space Initiative. dustrial hydrocarbons from agri- Sec. 757. Authorization percentages for research Sec. 814. General provisions. cultural commodities and forest and extension formula funds. Sec. 815. State forest stewardship coordinating products. Sec. 758. Carryover. committees. Sec. 706. Policy research centers. Sec. 759. Reporting of technology transfer ac- Sec. 816. USDA National Agroforestry Center. Sec. 707. Human nutrition intervention and tivities. Sec. 817. Office of Tribal Relations. health promotion research pro- Sec. 760. Grants to upgrade agricultural and Sec. 818. Assistance to tribal governments. gram. food sciences facilities at 1890 land-grant colleges, including Sec. 819. Sudden oak death syndrome. Sec. 708. Pilot research program to combine Sec. 820. Independent investigation of fire- medical and agricultural research. Tuskegee University. Sec. 761. National research and training virtual fighter Sec. 709. Nutrition education program. Sec. 821. Adaptive ecosystem restoration of Ari- Sec. 710. Animal health and disease research centers. zona and New Mexico forests and programs. Sec. 762. Matching funds requirement for re- woodlands. Sec. 711. Research on national or regional prob- search and extension activities. lems. CHAPTER 4—LAND-GRANT INSTITUTIONS TITLE IX—ENERGY Sec. 712. Education grants programs for His- SUBCHAPTER A—GENERAL Sec. 901. Findings. Sec. 902. Consolidated Farm and Rural Devel- panic-serving institutions. Sec. 771. Priority-setting process. Sec. 713. Competitive grants for international Sec. 772. Termination of certain schedule A ap- opment Act. agricultural science and edu- pointments. Sec. 903. Biomass Research and Development cation programs. Act of 2000. SUBCHAPTER B—LAND-GRANT INSTITUTIONS IN Sec. 714. Indirect costs. Sec. 904. Rural Electrification Act of 1936. INSULAR AREAS Sec. 715. Research equipment grants. Sec. 905. Carbon sequestration demonstration Sec. 716. Agricultural research programs. Sec. 775. Distance education grants program for program. Sec. 717. Extension education. insular area land-grant institu- Sec. 906. Sense of Congress concerning national Sec. 718. Availability of competitive grant tions. renewable fuels standard. funds. Sec. 776. Matching requirements for research Sec. 907. Sense of Congress concerning the bio- Sec. 719. Joint requests for proposals. and extension formula funds for energy program of the Depart- Sec. 720. Supplemental and alternative crops. insular area land-grant institu- ment of Agriculture. tions. Sec. 721. Aquaculture. TITLE X—MISCELLANEOUS Sec. 722. Rangeland research. Subtitle E—Other Laws Subtitle A—Country of Origin and Quality Sec. 723. Biosecurity planning and response Sec. 781. Critical agricultural materials. Grade Labeling programs. Sec. 782. Research facilities. Sec. 1001. Country of origin labeling. Subtitle B—Food, Agriculture, Conservation, Sec. 783. Federal agricultural research facili- Sec. 1002. Quality grade labeling of imported and Trade Act of 1990 ties. meat and meat food products. Sec. 731. National genetic resources program. Sec. 784. Competitive, special, and facilities re- Subtitle B—Crop Insurance Sec. 732. Biotechnology risk assessment re- search grants. search. Sec. 785. Risk management education for begin- Sec. 1011. Equal crop insurance treatment of Sec. 733. Rural electronic commerce extension ning farmers and ranchers. potatoes and sweet potatoes. program. Sec. 786. Aquaculture. Sec. 1012. Continuous coverage. Sec. 734. High-priority research and extension Sec. 787. Carbon cycle research. Sec. 1013. Quality loss adjustment procedures. initiatives. Subtitle F—New Authorities Sec. 1014. Conservation requirements. Sec. 735. Nutrient management research and ex- Sec. 791. Definitions. Subtitle C—Animal Health Protection tension initiative. Sec. 792. Regulatory and inspection research. Sec. 1021. Short title. Sec. 736. Organic agriculture research and ex- Sec. 793. Emergency research transfer author- Sec. 1022. Findings. tension initiative. ity. Sec. 1023. Definitions. Sec. 737. Agricultural telecommunications pro- Sec. 794. Review of Agricultural Research Serv- Sec. 1024. Restriction on importation or entry. gram. ice. Sec. 1025. Exportation. Sec. 738. Assistive technology program for farm- Sec. 795. Technology transfer for rural develop- Sec. 1026. Interstate movement. ers with disabilities. ment. Sec. 1027. Seizure, quarantine, and disposal. Subtitle C—Agricultural Research, Extension, Sec. 796. Beginning farmer and rancher devel- Sec. 1028. Inspections, seizures, and warrants. and Education Reform Act of 1998 opment program. Sec. 1029. Detection, control, and eradication of Sec. 797. Sense of Congress regarding doubling Sec. 741. Initiative for Future Agriculture and diseases and pests. of funding for agricultural re- Food Systems. Sec. 1030. Veterinary accreditation program. search. Sec. 742. Partnerships for high-value agricul- Sec. 1031. Cooperation. Sec. 798. Rural policy research. tural product quality research. Sec. 1032. Reimbursable agreements. Sec. 798A. Priority for farmers and ranchers Sec. 743. Precision agriculture. Sec. 1033. Administration and claims. participating in conservation pro- Sec. 744. Biobased products. Sec. 1034. Penalties. grams. Sec. 745. Thomas Jefferson Initiative for Crop Sec. 1035. Enforcement. Sec. 798B. Organic production and market data Sec. 1036. Regulations and orders. Diversification. initiatives. Sec. 1037. Authorization of appropriations. Sec. 746. Integrated research, education, and Sec. 798C. Organically produced product re- Sec. 1038. Repeals and conforming amendments. extension competitive grants pro- search and education. gram. Subtitle D—General Provisions Sec. 798D. International organic research col- Sec. 747. Support for research regarding dis- Sec. 1041. Fees for pesticides. laboration. eases of wheat and barley caused Sec. 1042. Pest management in schools. Sec. 798E. Report on producers and handlers of by fusarium graminearum. Sec. 1043. Prohibition on packers owning, feed- organic agricultural products. Sec. 748. Bovine Johne’s disease control pro- ing, or controlling livestock. gram. TITLE VIII—FORESTRY Sec. 1044. Packers and stockyards. Sec. 749. Grants for youth organizations. Sec. 801. Office of International Forestry. Sec. 1045. Unlawful stockyard practices involv- Sec. 750. Agricultural biotechnology research Sec. 802. McIntire-Stennis cooperative forestry ing nonambulatory livestock. and development for developing research program. Sec. 1046. Arbitration clauses. countries. Sec. 803. Sustainable forestry outreach initia- Sec. 1047. Cotton classification services. Sec. 750A. Office of Pest Management Policy. tive; renewable resources exten- Sec. 1048. Protection for purchasers of farm Sec. 750B. Senior Scientific Research Service. sion activities. products.

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Sec. 1049. Improved standards for the care and Sec. 1094. Required terms in order. ‘‘(A) IN GENERAL.—The term ‘producer’ means treatment of certain animals. Sec. 1095. Permissive terms in order. an owner, operator, landlord, tenant, or share- Sec. 1050. Expansion of State marketing pro- Sec. 1096. Assessments. cropper that— grams. Sec. 1097. Referenda. ‘‘(i) shares in the risk of producing a crop; Sec. 1051. Definition of animal under the Ani- Sec. 1098. Petition and review of orders. and mal Welfare Act. Sec. 1098A. Enforcement. ‘‘(ii) is entitled to share in the crop available Sec. 1052. Penalties and foreign commerce pro- Sec. 1098B. Investigations and power to sub- for marketing from the farm, or would have visions of the Animal Welfare Act. poena. shared had the crop been produced. Sec. 1053. Prohibition on interstate movement of Sec. 1098C. Suspension or termination. ‘‘(B) HYBRID SEED.—In determining whether a animals for animal fighting. Sec. 1098D. Amendments to orders. grower of hybrid seed is a producer, the Sec- Sec. 1054. Outreach and assistance for socially Sec. 1098E. Effect on other laws. retary shall not take into consideration the ex- disadvantaged farmers and Sec. 1098F. Regulations. istence of a hybrid seed contract. ranchers. Sec. 1098G. Authorization of appropriations. ‘‘(13) SECRETARY.—The term ‘Secretary’ means Sec. 1055. Wild fish and wild shellfish. Subtitle G—Administration the Secretary of Agriculture. Sec. 1056. Assistant Secretary of Agriculture for ‘‘(14) STATE.—The term ‘State’ means— Sec. 1099. Regulations. Civil Rights. ‘‘(A) a State; Sec. 1057. Transparency and accountability for Sec. 1099A. Effect of amendments. ‘‘(B) the District of Columbia; socially disadvantaged farmers Sec. 1099B. Commodity Credit Corporation ‘‘(C) the Commonwealth of Puerto Rico; and and ranchers; public disclosure funding. ‘‘(D) any other territory or possession of the requirements for county committee TITLE I—COMMODITY PROGRAMS United States. ‘‘(15) UNITED STATES.—The term ‘United elections. SEC. 101. DEFINITIONS. States’, when used in a geographical sense, Sec. 1058. Animal enterprise terrorism. Section 102 of the Federal Agriculture Im- means all of the States.’’. Sec. 1059. Pseudorabies eradication program. provement and Reform Act of 1996 (7 U.S.C. Sec. 1060. Transportation of poultry and other 7202) is amended to read as follows: Subtitle A—Direct and Counter-Cyclical animals. Payments ‘‘SEC. 102. DEFINITIONS. Sec. 1061. Emergency grants to assist low-in- ‘‘In this title: SEC. 111. DIRECT AND COUNTER-CYCLICAL PAY- come migrant and seasonal farm- MENTS. ‘‘(1) AGRICULTURAL ACT OF 1949.—Except in workers. section 171, the term ‘Agricultural Act of 1949’ Sections 111 through 114 of the Federal Agri- Sec. 1062. Tree assistance program. culture Improvement and Reform Act of 1996 (7 Sec. 1063. Preclearance quarantine inspections. means the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), as in effect prior to the suspensions U.S.C. 7211 through 7214) are amended to read Sec. 1064. Emergency loans for seed producers. as follows: Sec. 1065. National organic certification cost- under section 171(b)(1). ‘‘(2) CONSIDERED PLANTED.—The term ‘consid- ‘‘SEC. 111. AUTHORIZATION FOR CONTRACTS. share program. ‘‘(a) IN GENERAL.—The Secretary shall offer Sec. 1066. Food Safety Commission. ered planted’ means any acreage on the farm that— to enter into a contract with an eligible owner Sec. 1067. Humane methods of animal slaugh- or producer described in subsection (b) on a ter. ‘‘(A) producers on a farm were prevented from planting to a crop because of drought, flood, or farm containing eligible cropland under which Sec. 1068. Penalties for violations of Plant Pro- the eligible owner or producer will receive direct tection Act. other natural disaster, or other condition be- yond the control of the eligible owners and pro- payments and counter-cyclical payments under Sec. 1069. Connecticut River Atlantic Salmon sections 113 and 114, respectively. Commission. ducers on the farm, as determined by the Sec- retary; and ‘‘(b) ELIGIBLE OWNERS AND PRODUCERS.— Sec. 1070. Bear protection. ‘‘(1) IN GENERAL.—Subject to paragraphs (2) Sec. 1071. Reenactment of family farmer bank- ‘‘(B) was not planted to another contract com- modity (other than a contract commodity pro- and (3), an owner or producer on a farm shall ruptcy provisions. be eligible to enter into a contract. Sec. 1072. Prohibition on packers owning, feed- duced under an established practice of double cropping). ‘‘(2) TENANTS.— ing, or controlling livestock. ‘‘(A) SHARE-RENT TENANTS.—A producer on el- ‘‘(3) CONTRACT.—The term ‘contract’ means a Sec. 1073. Equity and fairness for the promotion igible cropland that is a tenant with a share- contract entered into under subtitle B. of imported Hass avocados. rent lease of the eligible cropland, regardless of ‘‘(4) CONTRACT ACREAGE.—The term ‘contract Sec. 1074. Sense of the Senate regarding social the length of the lease, shall be eligible to enter acreage’ means the contract acreage determined security surplus funds. into a contract, if the owner of the eligible crop- under section 111(f). Sec. 1075. Sense of the Senate on permanent re- land enters into the same contract. ‘‘(5) CONTRACT COMMODITY.—The term ‘con- peal of estate taxes. ‘‘(B) CASH-RENT TENANTS.— tract commodity’ means wheat, corn, grain sor- Sec. 1076. Commercial fisheries failure. ‘‘(i) CONTRACTS WITH LONG-TERM LEASES.—A ghum, barley, oats, upland cotton, rice, and oil- Sec. 1077. Review of state meat inspection pro- producer on eligible cropland that cash rents seeds. grams. the eligible cropland under a lease expiring on ‘‘(6) CONTRACT PAYMENT.—The term ‘contract Sec. 1078. Agricultural research and tech- or after the termination of the contract shall be payment’ means a payment made under subtitle nology. eligible to enter into a contract. B pursuant to a contract. Sec. 1079. Office of Science Technology Policy. ‘‘(ii) CONTRACTS WITH SHORT-TERM LEASES.— Sec. 1079A. Operation of agricultural and nat- ‘‘(7) DEPARTMENT.—The term ‘Department’ ‘‘(I) IN GENERAL.—A producer that cash rents ural resource programs on tribal means the Department of Agriculture. the eligible cropland under a lease expiring be- trust land. ‘‘(8) EXTRA LONG STAPLE COTTON.—The term fore the termination of the contract shall be eli- Sec. 1079B. Assistance for geographically dis- ‘extra long staple cotton’ means cotton that— gible to enter into a contract. advantaged farmers and ranchers. ‘‘(A) is produced from pure strain varieties of ‘‘(II) OWNER’S CONTRACT INTEREST.—The Sec. 1079C. Sense of Senate regarding use of the the Barbadense species or any hybrid thereof, or owner of the eligible cropland may also enter name ginseng. other similar types of extra long staple cotton, into the same contract. Sec. 1079D. Adjusted gross revenue insurance designated by the Secretary, having characteris- ‘‘(III) CONSENT OF OWNER.—If the producer pilot program. tics needed for various end uses for which elects to enroll less than 100 percent of the eligi- Sec. 1079E. Pasteurization. United States upland cotton is not suitable and ble cropland in the contract, the consent of the Subtitle E—Studies and Reports grown in irrigated cotton-growing regions of the owner shall be required for a valid contract. United States designated by the Secretary or ‘‘(3) CASH-RENT OWNERS.— Sec. 1081. Report on pouched and canned salm- other areas designated by the Secretary as suit- ‘‘(A) IN GENERAL.—An owner of eligible crop- on. able for the production of the varieties or types; land that cash rents the eligible cropland under Sec. 1082. Settlement agreement report. and a lease term that expires before the end of 2006 Sec. 1083. Report on genetically modified pest- ‘‘(B) is ginned on a roller-type gin or, if au- crop year shall be eligible to enter into a con- protected plants. thorized by the Secretary, ginned on another tract if the tenant declines to enter into the con- Sec. 1084. Study of creation of litter bank by type gin for experimental purposes. tract. University of Arkansas. ‘‘(9) LOAN COMMODITY.—The term ‘loan com- ‘‘(B) CONTRACT PAYMENTS.—In the case of an Sec. 1085. Study of feasibility of producer in- modity’ means wheat, corn, grain sorghum, bar- owner covered by subparagraph (A), the Sec- demnification from Government- ley, oats, upland cotton, extra long staple cot- retary shall not make contract payments to the caused disasters. ton, rice, oilseeds, wool, honey, dry peas, lentils, owner under the contract until the lease held by Sec. 1086. Report on sale and use of pesticides and chickpeas. the tenant terminates. for agricultural uses. ‘‘(10) OILSEED.—The term ‘oilseed’ means a ‘‘(c) COMPLIANCE WITH CERTAIN REQUIRE- Sec. 1087. Report on rats, mice, and birds. crop of soybeans, sunflower seed, rapeseed, MENTS.—Under the terms of a contract, the Sec. 1088. Task Force on National Institutes for canola, safflower, flaxseed, mustard seed, and, owner or producer shall agree, in exchange for Plant and Agricultural Sciences. if designated by the Secretary, other oilseeds. annual contract payments— Subtitle F—Organic Products Promotion ‘‘(11) PAYMENT YIELD.—The term ‘payment ‘‘(1) to comply with applicable highly erodible Sec. 1091. Short title. yield’ means a payment yield determined under land conservation requirements under subtitle B Sec. 1092. Definitions. section 111(g). of title XII of the Food Security Act of 1985 (16 Sec. 1093. Issuance of orders. ‘‘(12) PRODUCER.— U.S.C. 3811 et seq.);

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‘‘(2) to comply with applicable wetland con- the farm the opportunity to select the contract ‘‘(3) EFFECT OF FAILURE TO MAKE ELECTION.— servation requirements under subtitle C of title acreages or peanut acres against which the re- If the producers on a farm fail to make the elec- XII of that Act (16 U.S.C. 3821 et seq.); duction will be made. tion under paragraph (1), or fail to timely notify ‘‘(3) to comply with the planting flexibility re- ‘‘(C) OTHER ACREAGE.—For purposes of sub- the Secretary of the selected option as required quirements of section 118; and paragraph (A), the Secretary shall include— by paragraph (2), the eligible owners and pro- ‘‘(4) to use a quantity of land on the farm ‘‘(i) any peanut acres for the farm under ducers on the farm shall be deemed to have equal to the contract acreage, for an agricul- chapter 3 of subtitle D; made the election described in paragraph (1)(B) tural or conserving use or related activity, and ‘‘(ii) any acreage on the farm enrolled in the for the purpose of determining the contract not for a nonagricultural commercial or indus- conservation reserve program or wetlands re- acreages for all contract commodities on the trial use, as determined by the Secretary. serve program under chapter 1 of subtitle D of farm. ‘‘(d) PROTECTION OF INTERESTS OF CERTAIN title XII of the Food Security Act of 1985 (16 ‘‘(4) APPLICATION OF ELECTION TO ALL CON- PRODUCERS.— U.S.C. 3830 et seq.); and TRACT COMMODITIES.—The election made under ‘‘(1) TENANTS AND SHARECROPPERS.—In car- ‘‘(iii) any other acreage on the farm enrolled paragraph (1) or deemed to be made under para- rying out this subtitle, the Secretary shall pro- in a voluntary Federal conservation program graph (3) with respect to a farm shall apply to vide adequate safeguards to protect the interests under which production of any agricultural all of the contract commodities produced on the of tenants and sharecroppers. commodity is prohibited. farm. ‘‘(2) SHARING OF PAYMENTS.—The Secretary ‘‘(D) DOUBLE-CROPPED ACREAGE.—In applying ‘‘SEC. 112. ELEMENTS OF CONTRACTS. shall provide for the sharing of contract pay- subparagraph (A), the Secretary shall take into ‘‘(a) TIME FOR CONTRACTING.— ments among the eligible producers on a farm on account additional acreage as a result of an es- ‘‘(1) COMMENCEMENT.—To the extent prac- a fair and equitable basis. tablished double-cropping history on a farm, as ticable, the Secretary shall commence entering ‘‘(e) ELIGIBLE CROPLAND.— determined by the Secretary. into contracts not later than 45 days after the ‘‘(1) IN GENERAL.—Land shall be considered to ‘‘(g) PAYMENT YIELDS.— date of enactment of the Agriculture, Conserva- be cropland eligible for coverage under a con- ‘‘(1) IN GENERAL.—Subject to paragraph (2) tion, and Rural Enhancement Act of 2002. tract only if the land— and subsection (h), an eligible owner or pro- ‘‘(2) DEADLINE.—Except as provided in para- ‘‘(A) has with respect to a contract ducer that has entered into a contract under graph (3), the Secretary may not enter into a commodity— this subtitle may make a 1-time election to have contract after the date that is 180 days after the ‘‘(i) contract acreage attributable to the land; the payment yield for a payment for each of the date of enactment of that Act. and 2002 through 2006 crops of all contract commod- ‘‘(3) CONSERVATION RESERVE LAND.— ‘‘(ii) a payment yield; or ities for a farm be equal to— ‘‘(A) IN GENERAL.—At the beginning of each ‘‘(B) was subject to a conservation reserve ‘‘(A) an amount that is the greater of— fiscal year, the Secretary shall allow an eligible contract under section 1231 of the Food Security ‘‘(i) the average of the yield per harvested owner or producer on a farm covered by a con- Act of 1985 (16 U.S.C. 3831) with a term that ex- acre for the crop of the contract commodity for servation reserve contract entered into under pired, or was voluntarily terminated, on or after the farm for the 1998 through 2001 crop years, section 1231 of the Food Security Act of 1985 (16 the date of enactment of this paragraph. excluding— U.S.C. 3831) that terminated after the date spec- ‘‘(2) QUANTITY OF ELIGIBLE CROPLAND COV- ‘‘(I) any crop year for which the producers on ified in paragraph (2) to enter into or expand a ERED BY CONTRACT.—An eligible owner or pro- the farm did not plant the contract commodity; contract to cover the eligible cropland of the ducer may enroll as contract acreage under this and farm that was subject to the former conservation subtitle all or a portion of the eligible cropland ‘‘(II) at the option of the producers on the reserve contract. on the farm. farm, 1 additional crop year; or ‘‘(B) ELECTION.—For the fiscal year and crop ‘‘(3) VOLUNTARY REDUCTION IN CONTRACT ‘‘(ii) the farm program payment yield de- year for which a contract acreage adjustment ACREAGE.—An eligible owner or producer that scribed in subparagraph (B); or under subparagraph (A) is first made, the eligi- enters into a contract may subsequently reduce ‘‘(B) the farm program payment yield estab- ble owners and producers on the farm shall elect the quantity of contract acreage covered by the lished for the 1995 crop of a contract commodity to receive— contract. under section 505 of the Agricultural Act of 1949 ‘‘(i) direct payments and counter-cyclical pay- ‘‘(f) CONTRACT ACREAGE.— (7 U.S.C. 1465), as adjusted by the Secretary to ments under sections 113 and 114, respectively, ‘‘(1) IN GENERAL.—Subject to subsection (h), account for any additional yield payments made with respect to the acreage added to the farm for the purpose of making direct payments and with respect to that crop under section 505(b)(2) under this paragraph; or counter-cyclical payments to eligible owners and of that Act. ‘‘(ii) a prorated payment under the conserva- producers on a farm, the Secretary shall provide ‘‘(2) ASSIGNED YIELDS.—In the case of a farm tion reserve contract. the eligible owners and producers on the farm for which yield records are unavailable for a ‘‘(b) DURATION OF CONTRACT.— with an opportunity to elect 1 of the following contract commodity (including land of a farm ‘‘(1) BEGINNING DATE.—The term of a contract methods as the method by which the contract that is devoted to an oilseed under a former con- shall begin with— acreages for the 2002 through 2006 crops of all servation reserve contract described in section ‘‘(A) the 2002 crop of a contract commodity; or contract commodities for a farm are determined: 112(a)(3)), the Secretary shall establish an ap- ‘‘(B) in the case of acreage that was subject to ‘‘(A) The 4-year average of acreage planted or propriate payment yield for the contract com- a conservation reserve contract described in sub- considered planted to a contract commodity for modity on the farm taking in consideration the section (a)(3), the date the contract was entered harvest, grazing, haying, silage, or other similar payment yields applicable to the contract com- into or expanded to cover the acreage. purposes during each of the 1998 through 2001 modity under paragraph (1) for similar farms in ‘‘(2) ENDING DATE.—Subject to sections 116 crop years. the area, taking into consideration the yield and 117, the term of a contract shall extend ‘‘(B) The total of— election for the farm under subsection (h). through the 2006 crop, unless earlier terminated ‘‘(i) the contract acreage (as defined in section ‘‘(h) ELIGIBLE OWNER AND PRODUCER ELEC- by the eligible owners or producers on a farm. 102 (as in effect before the amendment made by TION OPTIONS.— ‘‘SEC. 113. DIRECT PAYMENTS. section 101 of the Agriculture, Conservation, ‘‘(1) IN GENERAL.—In making elections under ‘‘(a) IN GENERAL.—For each of the 2002 and Rural Enhancement Act of 2002)) that subsections (f) and (g), eligible owners and pro- through 2006 fiscal years, the Secretary shall would have been used by the Secretary to cal- ducers on a farm shall elect to have— make direct payments available to eligible own- culate the payment for fiscal year 2002 under ‘‘(A)(i) contract acreage for the farm deter- ers and producers on a farm that have entered such section 102 for the contract commodity on mined under subsection (f)(1)(A); and into a contract to receive payments under this the farm; and ‘‘(ii) payment yields determined under sub- section. ‘‘(ii) the 4-year average determined under sub- section (g)(1)(A); or ‘‘(b) PAYMENT AMOUNT.—The amount of a di- paragraph (A) for each oilseed produced on the ‘‘(B)(i) contract acreage for the farm deter- rect payment to be paid to the eligible owners farm. mined under subsection (f)(1)(B); and and producers on a farm for a contract com- ‘‘(C) In the case of land described in section ‘‘(ii) payment yields determined under— modity for a fiscal year under this section shall 112(a)(3), land with eligible base, as determined ‘‘(I) in the case of contract commodities other be obtained by multiplying— by the Secretary. than oilseeds, subsection (g)(1)(B); and ‘‘(1) the payment rate for the contract com- ‘‘(2) PREVENTION OF EXCESS CONTRACT ACRE- ‘‘(II) in the case of oilseeds, subsection modity specified in subsection (c); AGES.— (g)(1)(A). ‘‘(2) the contract acreage attributable to the ‘‘(A) REQUIRED REDUCTION.—If the total of ‘‘(2) SINGLE ELECTION; TIME FOR ELECTION.— contract commodity for the farm; and the contract acreages for a farm, together with ‘‘(A) SINGLE ELECTION.—The eligible owners ‘‘(3) the payment yield for the contract com- the acreage described in subparagraph (C), ex- and producers on a farm shall have 1 oppor- modity for the farm. ceeds the actual cropland acreage of the farm, tunity to make the election described in para- ‘‘(c) PAYMENT RATE.—The payment rates used the Secretary shall reduce the quantity of con- graph (1). to make direct payments with respect to contract tract acreages for 1 or more contract commod- ‘‘(B) TIME FOR ELECTION.—Subject to section commodities for a fiscal year under this section ities for the farm or peanut acres as necessary 112(a)(3), not later than 180 days after the date are as follows: so that the total of the contract acreages and of enactment of this subsection, the eligible ‘‘(1) WHEAT.—In the case of wheat: acreage described in subparagraph (C) does not owners and producers on a farm shall notify the ‘‘(A) For each of fiscal years 2002 and 2003, exceed the actual cropland acreage of the farm. Secretary of the election made by the eligible $0.450 per bushel. ‘‘(B) SELECTION OF ACRES.—The Secretary owners and producers on the farm under para- ‘‘(B) For each of fiscal years 2004 and 2005, shall give the eligible owners and producers on graph (1). $0.225 per bushel.

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‘‘(C) For fiscal year 2006, $0.113 per bushel. ‘‘(c) PAYMENT RATES.— ‘‘(1) ADJUSTED GROSS REVENUE.—The term ‘ad- ‘‘(2) CORN.—In the case of corn: ‘‘(1) IN GENERAL.—The payment rate for a justed gross revenue’ means the adjusted gross ‘‘(A) For each of fiscal years 2002 and 2003, crop of a contract commodity under subsection income for all agricultural enterprises of a pro- $0.270 per bushel. (b)(1) shall equal the difference between— ducer in a year, excluding revenue earned from ‘‘(B) For each of fiscal years 2004 and 2005, ‘‘(A) the income protection price for the con- nonagricultural sources, as determined by the $0.135 per bushel. tract commodity established under paragraph Secretary— ‘‘(C) For fiscal year 2006, $0.068 per bushel. (2); and ‘‘(A) by taking into account gross receipts ‘‘(3) GRAIN SORGHUM.—In the case of grain ‘‘(B) the total of— from the sale of crops and livestock on all agri- sorghum: ‘‘(i) the higher of— cultural enterprises of the producer, including ‘‘(A) For the 2002 fiscal year, $0.310 per bush- ‘‘(I) the average price of the contract com- insurance indemnities resulting from losses in el. modity during the first 5 months of the mar- the agricultural enterprises; ‘‘(B) For the 2003 fiscal year, $0.270 per bush- keting year of the contract commodity, as deter- ‘‘(B) by including all farm payments paid by el. mined by the Secretary; and the Secretary for all agricultural enterprises of ‘‘(C) For each of fiscal years 2004 and 2005, ‘‘(II) the loan rate for the crop of the contract the producer, including any marketing loan $0.135 per bushel. commodity under section 132; and gains described in section 1001(3)(A) of the Food ‘‘(D) For fiscal year 2006, $0.068 per bushel. ‘‘(ii) the direct payment for the contract com- Security Act of 1985 (7 U.S.C. 1308(3)(A)); ‘‘(4) BARLEY.—In the case of barley: modity under section 113 for the fiscal year that ‘‘(C) by deducting the cost or basis of livestock ‘‘(A) For each of fiscal years 2002 and 2003, precedes the date of a payment under this sec- or other items purchased for resale, such as $0.200 per bushel. tion. feeder livestock, on all agricultural enterprises ‘‘(B) For each of fiscal years 2004 and 2005, ‘‘(2) INCOME PROTECTION PRICES.—The income of the producer; and $0.100 per bushel. protection prices for contract commodities under ‘‘(D) as represented on— ‘‘(C) For fiscal year 2006, $0.050 per bushel. paragraph (1)(A) are as follows: ‘‘(i) a schedule F of the Federal income tax re- ‘‘(5) OATS.—In the case of oats: ‘‘(A) Wheat, $3.45 per bushel. turns of the producer; or ‘‘(A) For each of fiscal years 2002 and 2003, ‘‘(B) Corn, $2.35 per bushel. ‘‘(ii) a comparable tax form related to the ag- $0.050 per bushel. ‘‘(C) Grain sorghum, $2.35 per bushel. ricultural enterprises of the producer, as ap- ‘‘(B) For each of fiscal years 2004 and 2005, ‘‘(D) Barley, $2.20 per bushel. proved by the Secretary. $0.025 per bushel. ‘‘(E) Oats, $1.55 per bushel. ‘‘(2) AGRICULTURAL ENTERPRISE.—The term ‘‘(C) For fiscal year 2006, $0.013 per bushel. ‘‘(F) Upland cotton, $0.680 per pound. ‘agricultural enterprise’ means the production ‘‘(6) UPLAND COTTON.—In the case of upland ‘‘(G) Rice, $9.30 per hundredweight. and marketing of all agricultural commodities cotton: ‘‘(H) Soybeans, $5.75 per bushel. (including livestock but excluding tobacco) on a ‘‘(A) For each of fiscal years 2002 and 2003, ‘‘(I) Oilseeds (other than soybeans), $0.105 per farm or ranch. $0.130 per pound. pound. ‘‘(3) AVERAGE ADJUSTED GROSS REVENUE.—The ‘‘(B) For each of fiscal years 2004 and 2005, ‘‘(d) TIME FOR PAYMENT.—The Secretary shall term ‘average adjusted gross revenue’ means— $0.065 per pound. make counter-cyclical payments for each of the ‘‘(A) the average of the adjusted gross revenue ‘‘(C) For fiscal year 2006, $0.0325 per pound. 2002 through 2006 crop years not later than 190 of a producer for each of the preceding 5 taxable ‘‘(7) RICE.—In the case of rice: days after the beginning of marketing year for years; or ‘‘(A) For each of fiscal years 2002 and 2003, the crop of the contract commodity.’’. ‘‘(B) in the case of a beginning farmer or $2.450 per hundredweight. SEC. 112. VIOLATIONS OF CONTRACTS. rancher or other producer that does not have ‘‘(B) For each of fiscal years 2004 and 2006, Section 116 of the Federal Agriculture Im- adjusted gross revenue for each of the preceding $2.40 per hundredweight. provement and Reform Act of 1996 (7 U.S.C. 5 taxable years, the estimated income of the pro- ‘‘(8) SOYBEANS.—In the case of soybeans: 7216) is amended— ducer that will be earned from all agricultural ‘‘(A) For each of fiscal years 2002 and 2003, (1) in the first sentence of subsection (a)— enterprises for the applicable year, as deter- $0.550 per bushel. (A) by striking ‘‘subsection (b)’’ and inserting mined by the Secretary. ‘‘(B) For each of fiscal years 2004 and 2005, ‘‘subsections (b) and (e)’’; and ‘‘(4) PRODUCER.—The term ‘producer’ means $0.275 per bushel. (B) by striking ‘‘section 111(a)’’ and inserting an individual or entity, as determined by the ‘‘(C) For fiscal year 2006, $0.138 per bushel. ‘‘this subtitle’’; Secretary for an applicable year, that— ‘‘(9) OILSEEDS (OTHER THAN SOYBEANS).—In (2) in subsection (b), by striking ‘‘If’’ and in- ‘‘(A) shares in the risk of producing, or pro- the case of oilseeds (other than soybeans): serting ‘‘Except as provided in subsection (e), vides a material contribution in producing, an ‘‘(A) For each of fiscal years 2002 and 2003, if’’; and agricultural commodity for the applicable year; $0.010 per pound. (3) by adding at the end the following: ‘‘(B) has a substantial beneficial interest in ‘‘(B) For each of fiscal years 2004 and 2005, ‘‘(e) PLANTING FLEXIBILITY.—In the case of a the agricultural enterprise in which the agricul- $0.005 per pound. first violation of section 118(b) by an eligible tural commodity is produced; ‘‘(C) For fiscal year 2006, $0.0025 per pound. owner or producer that has entered into a con- ‘‘(C)(i) during each of the preceding 5 taxable ‘‘(d) TIME FOR PAYMENTS.— tract and that acted in good faith, in lieu of ter- years, has filed— ‘‘(1) INITIAL PAYMENT.—At the option of the minating the contract under subsection (a), the ‘‘(I) a schedule F of the Federal income tax eligible owners and producers on a farm, the Secretary shall require a refund or reduce a fu- returns; or Secretary shall pay 50 percent of the direct pay- ture contract payment under subsection (b) in ‘‘(II) a comparable tax form related to the ag- ment for a crop of a contract commodity for the an amount that does not exceed twice the ricultural enterprises of the individual or entity, eligible owners and producers on the farm on or amount otherwise payable under the contract as approved by the Secretary; or ‘‘(ii) is a beginning farmer or rancher or other after December 1 of the fiscal year, as deter- on the number of acres involved in the viola- producer that does not have adjusted gross rev- mined by the Secretary. tion.’’. ‘‘(2) FINAL PAYMENT.—The Secretary shall enue for each of the preceding 5 taxable years, SEC. 113. PLANTING FLEXIBILITY. as determined by the Secretary; and pay the final amount of the direct payment that Section 118(b) of the Federal Agriculture Im- is payable to the eligible owners and producers ‘‘(D)(i) has earned at least $50,000 in average provement and Reform Act of 1996 (7 U.S.C. adjusted gross revenue over the preceding 5 tax- on a farm for a contract commodity under sub- 7218(b)) is amended— section (a) (less the amount of any initial pay- able years; (1) by striking paragraph (1) and inserting the ‘‘(ii) is a limited resource farmer or rancher, ment made to the producers on the farm of the following: as determined by the Secretary; or contract commodity under paragraph (1)) not ‘‘(1) LIMITATIONS.—The planting of the fol- ‘‘(iii) in the case of a beginning farmer or later than September 30 of the fiscal year, as de- lowing agricultural commodities shall be prohib- rancher or other producer that does not have termined by the Secretary. ited on contract acreage: average adjusted gross revenue for the preceding ‘‘SEC. 114. COUNTER-CYCLICAL PAYMENTS. ‘‘(A) Fruits. 5 taxable years, has at least $50,000 in estimated ‘‘(a) IN GENERAL.—For each of the 2002 ‘‘(B) Vegetables (other than lentils, mung income from all agricultural enterprises for the through 2006 crop years, the Secretary shall beans, dry peas, and chickpeas). applicable year, as determined by the Secretary. make counter-cyclical payments to eligible own- ‘‘(C) In the case of the 2003 and subsequent ‘‘(b) ESTABLISHMENT.—For each of fiscal years ers and producers on a farm of each contract crops of an agricultural commodity, wild rice.’’; 2003 through 2005, the Secretary shall establish commodity that have entered into a contract to and a pilot program in 3 States (as determined by the receive payments under this section. (2) in paragraph (2)(C), by striking ‘‘1991 Secretary) under which a producer may estab- ‘‘(b) PAYMENT AMOUNT.—The amount of the through 1995’’ and inserting ‘‘1996 through lish a farm counter-cyclical savings account in payments made to eligible owners and producers 2001’’. the name of the producer in a bank or financial on a farm for a crop of a contract commodity SEC. 114. PILOT PROGRAM FOR FARM COUNTER- institution selected by the producer and ap- under this section shall equal the amount ob- CYCLICAL SAVINGS ACCOUNTS. proved by the Secretary. tained by multiplying— Subtitle B of title I of the Federal Agriculture ‘‘(c) CONTENT OF ACCOUNT.—A farm counter- ‘‘(1) the payment rate for the contract com- Improvement and Reform Act of 1996 (7 U.S.C. cyclical savings account shall consist of— modity specified in subsection (c); 7211 et seq.) is amended by adding at the end ‘‘(1) contributions of the producer; and ‘‘(2) the contract acreage attributable to the the following: ‘‘(2) matching contributions of the Secretary. contract commodity for the farm; and ‘‘SEC. 119. PILOT PROGRAM FOR FARM COUNTER- ‘‘(d) PRODUCER CONTRIBUTIONS.—A producer ‘‘(3) the payment yield for the contract com- CYCLICAL SAVINGS ACCOUNTS. may deposit such amounts in the account of the modity for the farm. ‘‘(a) DEFINITIONS.—In this section: producer as the producer considers appropriate.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.001 pfrm01 PsN: S25PT1 S1012 CONGRESSIONAL RECORD — SENATE February 25, 2002

‘‘(e) MATCHING CONTRIBUTIONS.— ‘‘SEC. 132. LOAN RATES. (2) by striking subsections (e) and (f) and in- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(a) IN GENERAL.—Subject to subsection (b), serting the following: through (5), the Secretary shall provide a the loan rate for a marketing assistance loan ‘‘(e) BENEFICIAL INTEREST.— matching contribution on the amount deposited under section 131 for a loan commodity shall ‘‘(1) IN GENERAL.—A producer shall be eligible by the producer into the account. be— for a payment for a loan commodity under this ‘‘(2) AMOUNT.—Subject to paragraph (3), the ‘‘(1) in the case of wheat, $3.00 per bushel; section only if the producer has a beneficial in- amount of a matching contribution that the Sec- ‘‘(2) in the case of corn, $2.08 per bushel; terest in the loan commodity, as determined by retary shall provide under paragraph (1) shall ‘‘(3) in the case of grain sorghum, $2.08 per the Secretary. be equal to 2 percent of the average adjusted bushel; ‘‘(2) APPLICATION.—The Secretary shall make gross revenue of the producer. ‘‘(4) in the case of barley, $2.00 per bushel; a payment under this section to the producers ‘‘(3) MAXIMUM CONTRIBUTIONS FOR INDI- ‘‘(5) in the case of oats, $1.50 per bushel; on a farm with respect to a quantity of a loan VIDUAL PRODUCER.—The amount of matching ‘‘(6) in the case of upland cotton, $0.55 per commodity as of the earlier of— contributions that may be provided by the Sec- pound; ‘‘(A) the date on which the producers on the retary for an individual producer under this ‘‘(7) in the case of extra long staple cotton, farm marketed or otherwise lost beneficial inter- subsection shall not exceed $5,000 for any appli- $0.7965 per pound; est in the loan commodity, as determined by the cable fiscal year. ‘‘(8) in the case of rice, $6.50 per hundred- Secretary; or ‘‘(B) the date the producers on the farm re- ‘‘(4) MAXIMUM CONTRIBUTIONS FOR ALL PRO- weight; ‘‘(9) in the case of soybeans, $5.20 per bushel; quest the payment. DUCERS IN A STATE.—The total amount of ‘‘(10) in the case of oilseeds (other than soy- ‘‘(3) 2001 CROP.—Notwithstanding paragraphs matching contributions that may be provided by beans), $0.095 per pound; (1) and (2), effective for the 2001 crop only, if a the Secretary for all producers in a State under ‘‘(11) in the case of graded wool, $1.00 per producer eligible for a payment under this sec- this subsection shall not exceed $4,000,000 for pound; tion loses beneficial interest in the covered com- each of fiscal years 2003 through 2005. ‘‘(12) in the case of nongraded wool (including modity, the producer shall be eligible for the ‘‘(5) DATE FOR MATCHING CONTRIBUTIONS.— unshorn pelts), $0.40 per pound; payment determined as of the date the producer The Secretary shall provide the matching con- ‘‘(13) in the case of honey, $0.60 per pound; lost beneficial interest in the covered commodity, tributions required for a producer under para- ‘‘(14) in the case of dry peas, $6.78 per hun- as determined by the Secretary.’’. graph (1) as of the date that a majority of the dredweight; covered commodities grown by the producer are SEC. 127. PAYMENTS IN LIEU OF LOAN DEFI- ‘‘(15) in the case of lentils, $12.79 per hundred- CIENCY PAYMENTS FOR GRAZED harvested. weight; ACREAGE. ‘‘(f) INTEREST.—Funds deposited into the ac- ‘‘(16) in the case of large chickpeas, $17.44 per (a) IN GENERAL.—Subtitle C of title I of the count may earn interest at the commercial rates hundredweight; and Federal Agriculture Improvement and Reform provided by the bank or financial institution in ‘‘(17) in the case of small chickpeas, $8.10 per Act of 1996 (7 U.S.C. 7231 et seq.) is amended by which the Account is established. hundredweight. adding at the end the following: ‘‘(g) USE.—Funds credited to the account— ‘‘(b) ADJUSTMENTS.— ‘‘SEC. 138. PAYMENTS IN LIEU OF LOAN DEFI- ‘‘(1) shall be available for withdrawal by a ‘‘(1) IN GENERAL.—The Secretary may make CIENCY PAYMENTS FOR GRAZED producer, in accordance with subsection (h); appropriate adjustments in the loan rates for ACREAGE. and any loan commodity for differences in grade, ‘‘(a) IN GENERAL.—For each crop of wheat, ‘‘(2) may be used for purposes determined by type, quality, location, and other factors. grain sorghum, barley, and oats, in the case of the producer. ‘‘(2) MANNER.—The adjustments under this the producers on a farm that would be eligible ‘‘(h) WITHDRAWAL.— subsection shall, to the maximum extent prac- for a loan deficiency payment under section 135 ‘‘(1) IN GENERAL.—Subject to paragraph (2), in ticable, be made in such manner that the aver- for wheat, grain sorghum, barley, or oats, but any year, a producer may withdraw funds from age loan rate for the loan commodity will, on that elects to use acreage planted to the wheat, the account in an amount that is equal to— the basis of the anticipated incidence of the fac- grain sorghum, barley, or oats for the grazing of ‘‘(A) 90 percent of average adjusted gross rev- tors described in paragraph (1), be equal to the livestock, the Secretary shall make a payment to enue of the producer for the previous 5 years; loan rate provided under this section.’’. the producers on the farm under this section if minus (b) CONFORMING AMENDMENT.—Section 162 of the producers on the farm enter into an agree- ‘‘(B) the adjusted gross revenue of the pro- the Federal Agriculture Improvement and Re- ment with the Secretary to forgo any other har- ducer in that year. form Act of 1996 (7 U.S.C. 7282) is repealed. vesting of the wheat, grain sorghum, barley, or ‘‘(2) RETIREMENT.—A producer that ceases to SEC. 124. TERM OF LOANS. oats on the acreage. be actively engaged in farming, as determined Section 133 of the Federal Agriculture Im- ‘‘(b) PAYMENT AMOUNT.—The amount of a by the Secretary— provement and Reform Act of 1996 (7 U.S.C. payment made to the producers on a farm under ‘‘(A) may withdraw the full balance from, and 7233) is amended to read as follows: this section shall be equal to the amount ob- close, the account; and tained by multiplying— ‘‘(B) may not establish another account. ‘‘SEC. 133. TERM OF LOANS. ‘‘In the case of each loan commodity, a mar- ‘‘(1) the loan deficiency payment rate deter- ‘‘(i) ADMINISTRATION.—The Secretary shall mined under section 135(c) in effect, as of the administer this section through the Farm Serv- keting loan under section 131 shall have a term of 9 months beginning on the first day of the date of the agreement, for the county in which ice Agency and local, county, and area offices the farm is located; by of the Department of Agriculture.’’. first month after the month in which the loan is made.’’. ‘‘(2) the payment quantity obtained by Subtitle B—Nonrecourse Marketing Assist- multiplying— SEC. 125. REPAYMENT OF LOANS. ance Loans and Loan Deficiency Payments ‘‘(A) the quantity of the grazed acreage on the Section 134(a) of the Federal Agriculture Im- SEC. 121. NONRECOURSE MARKETING ASSIST- farm with respect to which the producers on the provement and Reform Act of 1996 (7 U.S.C. farm elect to forgo harvesting of wheat, grain ANCE LOANS AND LOAN DEFICIENCY 7234(a)) is amended— PAYMENTS. sorghum, barley, or oats; and (1) by striking ‘‘wheat, corn, grain sorghum, (a) IN GENERAL.—Sections 131(a) and 137 of ‘‘(B) the payment yield for that contract com- barley, oats, and oilseeds’’ and inserting ‘‘a the Federal Agriculture Improvement and Re- modity on the farm. loan commodity (other than upland cotton, rice, form Act of 1996 (7 U.S.C. 7231(a), 7237) are ‘‘(c) TIME, MANNER, AND AVAILABILITY OF and extra long staple cotton)’’; and amended by striking ‘‘2002’’ each place it ap- PAYMENT.— (2) in paragraph (2)— ‘‘(1) TIME AND MANNER.—A payment under pears and inserting ‘‘2006’’. (A) in subparagraph (C), by striking ‘‘and’’ at this section shall be made at the same time and (b) UPLAND COTTON.—Sections 134(e)(1), 136, the end; in the same manner as loan deficiency payments and 136A(a) of the Federal Agriculture Improve- (B) in subparagraph (D), by striking the pe- ment and Reform Act of 1996 (7 U.S.C. are made under section 135. riod and inserting ‘‘; and’’; and ‘‘(2) AVAILABILITY.—The Secretary shall es- 7234(e)(1), 7236, 7236a(a)) are amended by strik- (C) by adding at the end the following: tablish an availability period for the payment ing ‘‘2003’’ each place it appears and inserting ‘‘(E) minimize discrepancies in marketing loan authorized by this section that is consistent ‘‘2007’’. benefits across State boundaries and across with the availability period for wheat, grain SEC. 122. ELIGIBLE PRODUCTION. county boundaries.’’. sorghum, barley, and oats established by the Section 131 of the Federal Agriculture Im- SEC. 126. LOAN DEFICIENCY PAYMENTS. Secretary for marketing assistance loans author- provement and Reform Act of 1996 (7 U.S.C. Section 135 of the Federal Agriculture Im- ized by this subtitle. 7231) is amended by striking subsection (b) and provement and Reform Act of 1996 (7 U.S.C. ‘‘(d) PROHIBITION ON CROP INSURANCE OR inserting the following: 7235) is amended— NONINSURED CROP ASSISTANCE.—The producers ‘‘(b) ELIGIBLE PRODUCTION.—The producers (1) by striking subsection (a) and inserting the on a farm shall not be eligible for insurance on a farm shall be eligible for a marketing loan following: under the Federal Crop Insurance Act (7 U.S.C. under subsection (a) for any quantity of a loan ‘‘(a) IN GENERAL.—The Secretary may make 1501 et seq.) or noninsured crop assistance commodity produced on the farm.’’. loan deficiency payments available to producers under section 196 with respect to a crop of SEC. 123. LOAN RATES. on a farm that, although eligible to obtain a wheat, grain sorghum, barley, or oats planted (a) IN GENERAL.—Section 132 of the Federal marketing assistance loan under section 131 on acreage that the producers on the farm elect, Agriculture Improvement and Reform Act of with respect to a loan commodity, agree to forgo in the agreement required by subsection (a), to 1996 (7 U.S.C. 7232) is amended to read as fol- obtaining the loan for the loan commodity in re- use for the grazing of livestock in lieu of any lows: turn for payments under this section.’’; and other harvesting of the crop.’’.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.001 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1013

SEC. 128. SPECIAL MARKETING LOAN PROVISIONS ‘‘(A) IN GENERAL.—Except as provided in sub- entered into by producers on a dairy farm under FOR UPLAND COTTON. paragraph (B), payments made under this sub- this subsection shall cover eligible production Section 136(a) of the Federal Agriculture Im- section shall be made on a quarterly basis. marketed by the producers on the dairy farm provement and Reform Act of 1996 (7 U.S.C. ‘‘(B) PAYMENTS FOR FISCAL YEAR 2002.—Pay- during the period starting with the first day of 7236(a)) is amended by adding at the end the ments under this subsection for fiscal year 2002 month the producers on the dairy farm enter following: shall not be made before October 1, 2002. into the contract and ending on September 30, ‘‘(4) APPLICATION OF THRESHOLD.—During the ‘‘(8) FUNDING.—The Secretary shall use not 2005. period beginning on the date of this paragraph more than $1,500,000,000 of funds of the Com- ‘‘(B) VIOLATIONS.—If a producer violates the and ending on July 31, 2003, the Secretary shall modity Credit Corporation to carry out this sub- contract, the Secretary may— make the calculations under paragraphs (1)(A) section. ‘‘(i) terminate the contract and allow the pro- and (2) and subsection (b)(1)(B) without regard ‘‘(b) NORTHEAST DAIRY MARKET LOSS PAY- ducer to retain any payments received under the to the 1.25 cent threshold provided under those MENTS.— contract; or paragraphs and subsection.’’. ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(ii) allow the contract to remain in effect Subtitle C—Other Commodities ‘‘(A) CLASS I MILK.—The term ‘Class I milk’ and require the producer to repay a portion of means milk (including milk components) classi- the payments received under the contract based CHAPTER 1—DAIRY fied as Class I milk under a Federal milk mar- on the severity of the violation. SEC. 131. MILK PRICE SUPPORT PROGRAM. keting order. ‘‘(8) TRANSITION RULE.—In addition to any Section 141 of the Federal Agriculture Im- ‘‘(B) ELIGIBLE PRODUCTION.—The term ‘eligi- payment that is otherwise available under this provement and Reform Act of 1996 (7 U.S.C. ble production’ means milk produced by a pro- subsection, if the producers on a dairy farm 7251) (as amended by section 772(a) of Public ducer in a participating State. enter into a contract under this subsection by Law 107–76) is amended in subsections (b)(5) ‘‘(C) FEDERAL MILK MARKETING ORDER.—The March 1, 2002, the Secretary shall make a pay- and (h) by striking ‘‘May 31, 2002’’ each place term ‘Federal milk marketing order’ means an ment under this subsection on the quantity of it appears and inserting ‘‘December 31, 2006’’. order issued under section 8c of the Agricultural eligible production of the producer marketed SEC. 132. NATIONAL DAIRY PROGRAM. Adjustment Act (7 U.S.C. 608c), reenacted with during the period beginning on December 1, The Federal Agriculture Improvement and Re- amendments by the Agricultural Marketing 2001, and ending on January 1, 2002. UNDING.—The Secretary shall use not form Act of 1996 (as amended by section 772(b) Agreement Act of 1937. ‘‘(9) F more than $500,000,000 of funds of the Com- of Public Law 107–76) is amended by inserting ‘‘(D) PARTICIPATING STATE.—The term ‘par- modity Credit Corporation to carry out this sub- after section 141 (7 U.S.C. 7251) the following: ticipating State’ means Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hamp- section. ‘‘SEC. 142. NATIONAL DAIRY PROGRAM. shire, New Jersey, New York, Pennsylvania, ‘‘(c) MILK MARKETING BASE.— ‘‘(a) DAIRY MARKET LOSS ASSISTANCE PRO- Rhode Island, Vermont, and West Virginia. ‘‘(1) DEFINITION OF NEW PRODUCER.—In this GRAM.— ‘‘(E) PRODUCER.—The term ‘producer’ means subsection, the term ‘new producer’ means a ‘‘(1) DEFINITIONS.—In this subsection: an individual or entity that directly or indi- producer of milk that did not have an interest in ‘‘(A) AVERAGE PRICE OF MILK.—The term ‘av- rectly (as determined by the Secretary)— the production of milk during any of 1999 erage price of milk’ means the blending of the ‘‘(i) shares in the risk of producing milk; and through 2001 fiscal years. prices of milk for use as fluid milk and in ‘‘(ii) makes contributions (including land, ‘‘(2) ESTABLISHED PRODUCERS.—In the case of cheese, ice cream, butter, and nonfat dry milk in labor, management, equipment, or capital) to a producer of milk other than a new producer, the marketing area where the milk was mar- the dairy farming operation of the individual or the milk marketing base of a producer for a fis- keted, as determined by the Secretary. entity that are at least commensurate with the cal year under this section shall be equal to the ‘‘(B) PRODUCER.—The term ‘producer’ means share of the individual or entity of the proceeds lesser of— an individual or entity that directly or indi- of the operation. ‘‘(A) the average quantity of milk marketed rectly (as determined by the Secretary) shares in ‘‘(2) PAYMENTS.—Subject to paragraph (9), the for commercial use in which the producer has the risk of producing milk. Secretary shall offer to enter into contracts with had a direct or indirect interest during each of ‘‘(2) PROGRAM.—Subject to paragraph (8), the producers on a dairy farm located in a partici- the 1999 through 2001 fiscal years; or ‘‘(B) 8,000,000 pounds. Secretary shall provide market loss assistance pating State under which the producers receive ‘‘(3) NEW PRODUCERS.—In the case of a new payments to producers on a dairy farm with re- payments on eligible production in exchange for producer, the milk marketing base of the new spect to the production of milk in a State other compliance on the farm with— than a participating State (as defined in sub- producer under this section shall be equal to— ‘‘(A) applicable highly erodible land conserva- ‘‘(A) during each of the first 3 fiscal years of section (b)(1)) that is marketed during the pe- tion requirements under subtitle B of title XII of riod beginning on December 1, 2001, and ending milk production by the new producer, 1,500,000 the Food Security Act of 1985 (16 U.S.C. 3811 et pounds; and on September 30, 2005. seq.); and ‘‘(3) AMOUNT.—Subject to paragraph (8), pay- ‘‘(B) during each subsequent year of milk pro- ‘‘(B) applicable wetland conservation require- duction, the lesser of— ments to a producer under this subsection shall ments under subtitle C of title XII of that Act be calculated by multiplying— ‘‘(i) the average quantity of milk marketed for (16 U.S.C. 3821 et seq.). commercial use in which the producer has had ‘‘(A) the payment quantity for the producer ‘‘(3) AMOUNT.—Payments to a producer under during the applicable quarter established under a direct or indirect interest during the first 3 this subsection shall be calculated by multi- years of milk production by the new producer; paragraph (4); by plying (as determined by the Secretary)— ‘‘(B) the payment rate established under para- or ‘‘(A) the payment quantity for the producer ‘‘(ii) 8,000,000 pounds. graph (5). during the applicable month established under ‘‘(4) ADJUSTMENTS.—The Secretary may pro- ‘‘(4) PAYMENT QUANTITY.— paragraph (4); vide for the adjustment of any milk marketing ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(B) the amount equal to— base of a producer under this subsection— (B), the payment quantity for a producer during ‘‘(i) $16.94 per hundredweight; less ‘‘(A) if the production of milk used to deter- the applicable quarter under this subsection ‘‘(ii) the Class I milk price per hundredweight mine the milk marketing base of the producer shall be equal to the quantity of milk produced in Boston under the applicable Federal milk has been adversely affected by damaging weath- and marketed by the producer during the quar- marketing order; by er or a related condition (as determined by the ter. ‘‘(C) 45 percent. Secretary); or ‘‘(B) LIMITATION.—The payment quantity for ‘‘(4) PAYMENT QUANTITY.— ‘‘(B) if the adjustment is necessary to provide a producer during the applicable fiscal year ‘‘(A) IN GENERAL.—Subject to subparagraph fair and equitable treatment to tenants and under this subsection shall not exceed the milk (B), the payment quantity for a producer during sharecroppers. marketing base for the producer established the applicable month under this subsection shall ‘‘(5) TRANSFERS.— under subsection (c). be equal to the quantity of milk produced and ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(5) PAYMENT RATE.—The payment rate for a marketed by the producer during the month. paragraph (B), a producer that is assigned a payment under this subsection shall be cal- ‘‘(B) LIMITATION.—The payment quantity for milk marketing base under this subsection may culated by multiplying (as determined by the a producer during the applicable fiscal year not transfer the base to any person. Secretary)— under this subsection shall not exceed the milk ‘‘(B) FAMILY MEMBERS.—A producer that is ‘‘(A) 40 percent; by marketing base for the producer established assigned a milk marketing base under this sub- ‘‘(B) the amount by which— under subsection (c). section may irrevocably transfer all or part of ‘‘(i) the average price of milk during the ap- ‘‘(5) PAYMENTS.—A payment under a contract the base to a family member of the producer. plicable quarter; is less than under this subsection shall be made on a month- ‘‘(6) SCHEMES OR DEVICES.—If the Secretary ‘‘(ii) the average price of milk for the same ly basis not later than 60 days after the last day determines that any producer has adopted a quarter during each of the previous 5 years. of the month for which the payment is made. scheme or device to increase the milk marketing ‘‘(6) REPORTING OF PRODUCTION.—The Sec- ‘‘(6) SIGNUP.—The Secretary shall offer to base of the producer under this subsection, the retary may require producers that receive pay- enter into contracts under this subsection dur- producer shall become ineligible for any milk ments under this subsection to report the quan- ing the period beginning on December 1, 2001, marketing base under this subsection.’’. tity of milk produced and marketed by the pro- and ending on September 30, 2005. SEC. 133. DAIRY EXPORT INCENTIVE AND DAIRY ducer on the dairy farm of the producer, in a ‘‘(7) DURATION OF CONTRACT.— INDEMNITY PROGRAMS. manner determined by the Secretary. ‘‘(A) IN GENERAL.—Except as provided in sub- (a) DAIRY EXPORT INCENTIVE PROGRAM.—Sec- ‘‘(7) TIMING OF PAYMENTS.— paragraph (B) and paragraph (8), any contract tion 153(a) of the Food Security Act of 1985 (15

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.002 pfrm01 PsN: S25PT1 S1014 CONGRESSIONAL RECORD — SENATE February 25, 2002 U.S.C. 713a–14(a)) is amended by striking ‘‘2002’’ assessments under the order, to reflect the pro- (A) by inserting after ‘‘commercial use’’ the and inserting ‘‘2006’’. portion of domestic production and imports sup- following: ‘‘and on imported dairy products’’; (b) DAIRY INDEMNITY PROGRAM.—Section 3 of plying the United States market, as determined and Public Law 90–484 (7 U.S.C. 450l) is amended by by the Secretary on the basis of the average vol- (B) by striking ‘‘products produced in the striking ‘‘1995’’ and inserting ‘‘2006’’. ume of domestic production of dairy products in United States.’’ and inserting ‘‘products.’’; and SEC. 134. FLUID MILK PROMOTION. proportion to the average volume of imports of (2) in the second sentence, by inserting after (a) DEFINITION OF FLUID MILK PRODUCT.— dairy products in the United States during the ‘‘produce milk’’ the following: ‘‘or the right of Section 1999C of the Fluid Milk Promotion Act immediately preceding 3 years. any person to import dairy products’’. of 1990 (7 U.S.C. 6402) is amended by striking ‘‘(B) ADDITIONAL MEMBERS; NOMINATIONS.— SEC. 137. DAIRY STUDIES. paragraph (3) and inserting the following: The members appointed under this paragraph— (a) IN GENERAL.—The Secretary of Agriculture ‘‘(3) FLUID MILK PRODUCT.—The term ‘fluid ‘‘(i) shall be in addition to the total number of shall conduct— milk product’ has the meaning given the term members appointed under paragraph (2); and (1) a study of the effects of terminating all in— ‘‘(ii) shall be appointed from nominations sub- Federal programs relating to price support and ‘‘(A) section 1000.15 of title 7, Code of Federal mitted by importers under such procedures as supply management for milk and granting the Regulations, subject to such amendments as the Secretary determines to be appropriate.’’. consent of Congress to cooperative efforts by may be made by the Secretary; or (c) IMPORTER ASSESSMENT.—Section 113(g) of States to manage milk prices and supply; and ‘‘(B) any successor regulation.’’. the Dairy Production Stabilization Act of 1983 (7 (2) a study of the effects of including in the (b) DEFINITION OF FLUID MILK PROCESSOR.— U.S.C. 4504(g)) is amended— standard of identity for fluid milk a required Section 1999C(4) of the Fluid Milk Promotion (1) by inserting ‘‘ASSESSMENTS.—’’ after ‘‘(g)’’; minimum protein content that is commensurate Act of 1990 (7 U.S.C. 6402(4)) is amended by (2) by designating the first through fifth sen- with the average nonfat solids content of bovine striking ‘‘500,000 pounds of fluid milk products tences as paragraphs (1) through (5), respec- milk produced in the United States. in consumer-type packages per month’’ and in- tively, and indenting appropriately; and (b) REPORTS.—Not later than September 30, serting ‘‘3,000,000 pounds of fluid milk products (3) by adding at the end the following: 2002, the Secretary shall submit to the Com- ‘‘(6) IMPORTERS.— in consumer-type packages per month (exclud- mittee on Agriculture of House of Representa- ‘‘(A) IN GENERAL.—The order shall provide ing products delivered directly to the place of tives and the Committee on Agriculture, Nutri- that each importer of imported dairy products residence of a consumer)’’. tion, and Forestry a report describing the results shall pay an assessment to the Board in the (c) ELIMINATION OF ORDER TERMINATION of each of the studies required under subsection manner prescribed by the order. DATE.—Section 1999O of the Fluid Milk Pro- (a). ‘‘(B) TIME FOR PAYMENT.— motion Act of 1990 (7 U.S.C. 6414) is amended— CHAPTER 2—SUGAR ‘‘(i) IN GENERAL.—The assessment on imported (1) by striking subsection (a); and dairy products shall be— SEC. 141. SUGAR PROGRAM. (2) by redesignating subsections (b) and (c) as ‘‘(I) paid by the importer to Customs at the (a) LOAN RATE ADJUSTMENTS.—Section 156(c) subsections (a) and (b), respectively. time of the entry of the products into the United of the Federal Agriculture Improvement and Re- SEC. 135. DAIRY PRODUCT MANDATORY REPORT- States; and form Act of 1996 (7 U.S.C. 7272(c)) is amended— ING. ‘‘(II) remitted by Customs to the Board. (1) by striking ‘‘REDUCTION IN LOAN RATES’’ Section 272(1) of the Agricultural Marketing ‘‘(ii) TIME OF ENTRY.—For purposes of this and inserting ‘‘LOAN RATE ADJUSTMENTS’’; and Act of 1946 (7 U.S.C. 1637a(1)) is amended— subparagraph, entry of the products into the (2) in paragraph (1)— (A) by striking ‘‘REDUCTION REQUIRED’’ and (1) by striking ‘‘means manufactured dairy United States shall be considered to have oc- inserting ‘‘IN GENERAL’’; and products’’ and inserting ‘‘means— curred when a dairy product is released from (B) by striking ‘‘shall’’ and inserting ‘‘may’’. ‘‘(A) manufactured dairy products’’; custody of Customs and introduced into the (2) by striking the period at the end and in- (b) LOAN TYPE; PROCESSOR ASSURANCES.—Sec- stream of commerce within the United States. tion 156(e) of the Federal Agriculture Improve- serting ‘‘; and’’; and ‘‘(iii) IMPORTERS.—For purposes of this sub- (3) by adding at the end the following: ment and Reform Act of 1996 (7 U.S.C. 7272(e)) paragraph, an importer includes— is amended— ‘‘(B) substantially identical products des- ‘‘(I) a person that holds title to a dairy prod- ignated by the Secretary.’’. (1) by striking paragraph (2) and inserting the uct produced outside the United States imme- following: SEC. 136. FUNDING OF DAIRY PROMOTION AND diately on release by Customs; and RESEARCH PROGRAM. ‘‘(2) PROCESSOR ASSURANCES.— ‘‘(II) a person that acts on behalf of other per- ‘‘(A) IN GENERAL.—The Secretary shall obtain (a) DEFINITIONS.—Section 111 of the Dairy sons, as an agent, broker, or consignee, to se- from each processor that receives a loan under Production Stabilization Act of 1983 (7 U.S.C. cure the release of a dairy product from Customs this section such assurances as the Secretary 4502) is amended— and introduce the released dairy product into considers adequate to ensure that the processor (1) in subsection (k), by striking ‘‘and’’ at the the stream of commerce. will provide payments to producers that are pro- end; ‘‘(C) RATE.—The rate of assessment on im- portional to the value of the loan received by (2) in subsection (l), by striking the period at ported dairy products shall be determined in the the processor for the sugar beets and sugarcane the end and inserting a semicolon; and same manner as the rate of assessment per hun- delivered by producers to the processor. (3) by adding at the end the following: dredweight or the equivalent of milk. ‘‘(B) MINIMUM PAYMENTS.— ‘‘(m) the term ‘imported dairy product’ means ‘‘(D) VALUE OF PRODUCTS.—For the purpose ‘‘(i) IN GENERAL.—Subject to clause (ii), the any dairy product that is imported into the of determining the assessment on imported dairy Secretary may establish appropriate minimum United States, including a dairy product im- products under subparagraph (C), the value to payments for purposes of this paragraph. ported into the United States in the form of— be placed on imported dairy products shall be ‘‘(ii) LIMITATION.—In the case of sugar beets, ‘‘(1) milk, cream, and fresh and dried dairy established by the Secretary in a fair and equi- the minimum payment established under clause products; table manner. (i) shall not exceed the rate of payment provided ‘‘(2) butter and butterfat mixtures; ‘‘(E) USE OF ASSESSMENTS ON IMPORTED DAIRY for under the applicable contract between a ‘‘(3) cheese; and PRODUCTS.—Assessments collected on imported sugar beet producer and a sugar beet processor. ‘‘(4) casein and mixtures; dairy products shall not be used for foreign mar- ‘‘(C) BANKRUPTCY OR INSOLVENCY OF PROC- ‘‘(n) the term ‘importer’ means a person that ket promotion of United States dairy products.’’. ESSORS.— imports an imported dairy product into the (d) RECORDS.—Section 113(k) of the Dairy ‘‘(i) IN GENERAL.—The Secretary shall use United States; and Production Stabilization Act of 1983 (7 U.S.C. funds of the Commodity Credit Corporation to ‘‘(o) the term ‘Customs’ means the United 4504(k)) is amended in the first sentence by pay a producer of sugar beets or sugarcane loan States Customs Service.’’. striking ‘‘person receiving’’ and inserting ‘‘im- benefits described in clause (ii) if— (b) REPRESENTATION OF IMPORTERS ON porter of imported dairy products, each person ‘‘(I) a processor that has entered into a con- BOARD.—Section 113(b) of the Dairy Production receiving’’. tract with the producer has filed for bankruptcy Stabilization Act of 1983 (7 U.S.C. 4504(b)) is (e) IMPORTER ELIGIBILITY TO VOTE IN REF- protection or is otherwise insolvent; amended— ERENDUM.—Section 116(b) of the Dairy Produc- ‘‘(II) the assurances under subparagraph (A) (1) by inserting ‘‘NATIONAL DAIRY PROMOTION tion Stabilization Act of 1983 (7 U.S.C. 4507(b)) are not adequate to ensure compliance with sub- AND RESEARCH BOARD.—’’ after ‘‘(b)’’; is amended— paragraph (A), as determined by the Secretary; (2) by designating the first through ninth sen- (1) in the first sentence, by inserting ‘‘and im- ‘‘(III) the producer demands payments of loan tences as paragraphs (1) through (5) and para- porters’’ after ‘‘producers’’ each place it ap- benefits required under this section from the graphs (7) through (10), respectively, and in- pears; and processor; and denting the paragraphs appropriately; (2) in the second sentence, by inserting after ‘‘(IV) the Secretary determines that the proc- (3) in paragraph (2) (as so designated), by ‘‘commercial use’’ the following: ‘‘and importers essor is unable to provide the loan benefits re- striking ‘‘Members’’ and inserting ‘‘Except as voting in the referendum (that have been en- quired under this section. provided in paragraph (6), the members’’; and gaged in the importation of dairy products into ‘‘(ii) AMOUNT.—The amount of loan benefits (4) by inserting after paragraph (5) (as so des- the United States during the applicable period, provided to a producer under clause (i) shall be ignated) the following: as determined by the Secretary)’’. equal to— ‘‘(6) IMPORTERS.— (f) CONFORMING AMENDMENTS.—Section 110(b) ‘‘(I) the maximum amount of loan benefits the ‘‘(A) REPRESENTATION.—The Secretary shall of the Dairy Production Stabilization Act of producer would have been entitled to receive appoint not more than 2 members who represent 1983 (7 U.S.C. 4501(b)) is amended— under this section during the 30-day period be- importers of dairy products and are subject to (1) in the first sentence— ginning on the final settlement date provided for

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.002 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1015 in the contract between the producer and proc- Reform Act of 1996 (7 U.S.C. 7272) (as amended Act of 1996 (7 U.S.C. 7272) (as redesignated by essor; less by subsection (e)) is amended by inserting after subsection (h)(1)) is amended— ‘‘(II) any such benefits received by the pro- subsection (f) the following: (1) by striking ‘‘(other than subsection (f))’’; ducer from the processor. ‘‘(g) AVOIDING FORFEITURES; CORPORATION and ‘‘(iii) ADMINISTRATION.—On payment to a pro- INVENTORY DISPOSITION.— (2) by striking ‘‘2002’’ and inserting ‘‘2006’’. ducer under clause (i), the Secretary shall— ‘‘(1) IN GENERAL.—Subject to subsection (e)(3), (j) INTEREST RATE.—Section 163 of the Federal ‘‘(I) be subrogated to all claims of the pro- to the maximum extent practicable, the Sec- Agriculture Improvement and Reform Act of ducer against the processor and other persons retary shall operate the program established 1996 (7 U.S.C. 7283) is amended— responsible for nonpayment; and under this section at no cost to the Federal Gov- (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(II) have authority to pursue such claims as ernment by avoiding the forfeiture of sugar to ‘‘Notwithstanding’’; and are necessary to recover the benefits not paid to the Commodity Credit Corporation. (2) by adding at the end the following: the producer by the processor.’’; and ‘‘(2) INVENTORY DISPOSITION.— ‘‘(b) SUGAR.—For purposes of this section, raw (2) by adding at the end the following: ‘‘(A) IN GENERAL.—To carry out paragraph cane sugar, refined beet sugar, and in-process ‘‘(3) ADMINISTRATION.—The Secretary may not (1), the Commodity Credit Corporation may ac- sugar eligible for a loan under section 156 shall impose or enforce any prenotification or similar cept bids to obtain raw cane sugar or refined not be considered an agricultural commodity.’’. administrative requirement that has the effect of beet sugar in the inventory of the Commodity SEC. 142. STORAGE FACILITY LOANS. preventing a processor from electing to forfeit Credit Corporation from (or otherwise make Chapter 2 of subtitle D of the Federal Agri- the loan collateral on the maturity of the available such commodities, on appropriate culture Improvement and Reform Act of 1996 (7 loan.’’. terms and conditions, to) processors of sugar- U.S.C. 7271 et seq.) is amended by adding at the (c) TERMINATION OF MARKETING ASSESS- cane and processors of sugar beets (acting in end the following: conjunction with the producers of the sugarcane MENT.—Effective October 1, 2001, section 156 of ‘‘SEC. 157. STORAGE FACILITY LOANS. or sugar beets processed by the processors) in re- the Federal Agriculture Improvement and Re- ‘‘(a) IN GENERAL.—Notwithstanding any other turn for the reduction of production of raw cane form Act of 1996 (7 U.S.C. 7272) is amended by provision of law and as soon as practicable after sugar or refined beet sugar, as appropriate. striking subsection (f). the date of enactment of this section, the Com- ‘‘(B) ADDITIONAL AUTHORITY.—The authority (d) TERMINATION OF FORFEITURE PENALTY.— modity Credit Corporation shall amend part 1436 provided under this paragraph is in addition to Section 156 of the Federal Agriculture Improve- of title 7, Code of Federal Regulations, to estab- any authority of the Commodity Credit Corpora- ment and Reform Act of 1996 (7 U.S.C. 7272) is lish a sugar storage facility loan program to tion under any other law.’’. amended by striking subsection (g). provide financing for processors of domestically- (e) IN-PROCESS SUGAR.—Section 156 of the (g) INFORMATION REPORTING.—Section 156(h) produced sugarcane and sugar beets to con- Federal Agriculture Improvement and Reform of the Federal Agriculture Improvement and Re- struct or upgrade storage and handling facilities Act of 1996 (7 U.S.C. 7272) (as amended by sub- form Act of 1996 (7 U.S.C. 7272(h)) is amended— for raw sugars and refined sugars. sections (c) and (d)) is amended by inserting (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; ‘‘(b) ELIGIBLE PROCESSORS.—A storage facility after subsection (e) the following: loan shall be made available to any processor of ‘‘(f) LOANS FOR IN-PROCESS SUGAR.— (2) by inserting after paragraph (1) the fol- domestically produced sugarcane or sugar beets ‘‘(1) DEFINITION OF IN-PROCESS SUGARS AND lowing: UTY OF PRODUCERS TO REPORT that (as determined by the Secretary)— SYRUPS.—In this subsection, the term ‘in-process ‘‘(2) D .— ‘‘(A) PROPORTIONATE SHARE STATES.—As a ‘‘(1) has a satisfactory credit history; sugars and syrups’ does not include raw sugar, condition of a loan made to a processor for the ‘‘(2) has a need for increased storage capacity, liquid sugar, invert sugar, invert syrup, or other benefit of a producer, the Secretary shall require taking into account the effects of marketing al- finished product that is otherwise eligible for a each producer of sugarcane located in a State lotments; and loan under subsection (a) or (b). (other than the Commonwealth of Puerto Rico) ‘‘(3) demonstrates an ability to repay the loan. ‘‘(2) AVAILABILITY.—The Secretary shall make in which there are in excess of 250 producers of ‘‘(c) TERM OF LOANS.—A storage facility loan nonrecourse loans available to processors of a shall— crop of domestically grown sugarcane and sugar sugarcane to report, in the manner prescribed by the Secretary, the sugarcane yields and acres ‘‘(1) have a minimum term of 7 years; and beets for in-process sugars and syrups derived ‘‘(2) be in such amounts and on such terms from the crop. planted to sugarcane of the producer. ‘‘(B) OTHER STATES.—The Secretary may re- and conditions (including terms and conditions ‘‘(3) LOAN RATE.—The loan rate shall be equal quire each producer of sugarcane or sugar beets relating to downpayments, collateral, and eligi- to 80 percent of the loan rate applicable to raw not covered by paragraph (1) to report, in a ble facilities) as are normal, customary, and ap- cane sugar or refined beet sugar, as determined manner prescribed by the Secretary, the yields propriate for the size and commercial nature of by the Secretary on the basis of the source mate- of, and acres planted to, sugarcane or sugar the borrower.’’. rial for the in-process sugars and syrups. beets, respectively, of the producer. SEC. 143. FLEXIBLE MARKETING ALLOTMENTS ‘‘(4) FURTHER PROCESSING ON FORFEITURE.— ‘‘(3) DUTY OF IMPORTERS TO REPORT.— FOR SUGAR. ‘‘(A) IN GENERAL.—As a condition of the for- ‘‘(A) IN GENERAL.—Except as provided in sub- (a) INFORMATION REPORTING.—Section 359a of feiture of in-process sugars and syrups serving paragraph (B), the Secretary shall require an the Agricultural Adjustment Act of 1938 (7 as collateral for a loan under paragraph (2), the importer of sugars, syrups, or molasses to be U.S.C. 1359aa) is repealed. processor shall, within such reasonable time pe- used for human consumption or to be used for (b) ESTIMATES.—Section 359b of the Agricul- riod as the Secretary may prescribe and at no the extraction of sugar for human consumption tural Adjustment Act of 1938 (7 U.S.C. 1359bb) is cost to the Commodity Credit Corporation, con- to report, in the manner prescribed by the Sec- amended— vert the in-process sugars and syrups into raw retary, the quantities of the products imported (1) in the section heading— cane sugar or refined beet sugar of acceptable by the importer and the sugar content or equiv- (A) by inserting ‘‘FLEXIBLE’’ before ‘‘MAR- grade and quality for sugars eligible for loans alent of the products. KETING’’; and under subsection (a) or (b). ‘‘(B) TARIFF-RATE QUOTAS.—Subparagraph (B) by striking ‘‘AND CRYSTALLINE FRUC- ‘‘(B) TRANSFER TO CORPORATION.—Once the (A) shall not apply to sugars, syrups, or molas- TOSE’’; in-process sugars and syrups are fully processed ses that are within the quantities of tariff-rate (2) in subsection (a)— into raw cane sugar or refined beet sugar, the quotas that are subject to the lower rate of du- (A) in paragraph (1)— processor shall transfer the sugar to the Com- ties.’’; and (i) by striking ‘‘Before’’ and inserting ‘‘Not modity Credit Corporation. (3) in paragraph (5) (as redesignated by para- later than August 1 before’’; ‘‘(C) PAYMENT TO PROCESSOR.—On transfer of graph (1)), by striking ‘‘paragraph (1)’’ and in- (ii) by striking ‘‘1992 through 1998’’ and in- the sugar, the Secretary shall make a payment serting ‘‘this subsection’’. serting ‘‘2002 through 2006’’; to the processor in an amount equal to the (h) SUBSTITUTABILITY OF SUGAR.—Section 156 (iii) in subparagraph (A), by striking ‘‘(other amount obtained by multiplying— of the Federal Agriculture Improvement and Re- than sugar’’ and all that follows through ‘‘(i) the difference between— form Act of 1996 (7 U.S.C. 7272) is amended— ‘‘stocks’’; ‘‘(I) the loan rate for raw cane sugar or re- (1) by redesignating subsection (i) as sub- (iv) by redesignating subparagraphs (B) and fined beet sugar, as appropriate; and section (j); and (C) as subparagraphs (C) and (E), respectively; ‘‘(II) the loan rate the processor received (2) by inserting after subsection (h) the fol- (v) by inserting after subparagraph (A) the under paragraph (3); by lowing: following: ‘‘(ii) the quantity of sugar transferred to the ‘‘(i) SUBSTITUTION OF REFINED SUGAR.—For ‘‘(B) the quantity of sugar that would provide Secretary. purposes of Additional U.S. Note 6 to chapter 17 for reasonable carryover stocks;’’; ‘‘(5) LOAN CONVERSION.—If the processor does of the Harmonized Tariff Schedule of the United (vi) in subparagraph (C) (as so redesig- not forfeit the collateral as described in para- States and the reexport programs and nated)— graph (4), but instead further processes the in- polyhydric alcohol program administered by the (I) by striking ‘‘or’’ and all that follows process sugars and syrups into raw cane sugar Foreign Agricultural Service of the Department through ‘‘beets’’; and or refined beet sugar and repays the loan on the of Agriculture, all refined sugars (whether de- (II) by striking ‘‘and’’ following the semi- in-process sugars and syrups, the processor may rived from sugar beets or sugarcane) produced colon; obtain a loan under subsection (a) or (b) for the by cane sugar refineries and beet sugar proc- (vii) by inserting after subparagraph (C) (as raw cane sugar or refined beet sugar, as appro- essors shall be fully substitutable for the export so redesignated) the following: priate.’’. of sugar under those programs.’’. ‘‘(D) the quantity of sugar that will be avail- (f) ADMINISTRATION OF PROGRAM.—Section (i) CROPS.—Subsection (j) of section 156 of the able from the domestic processing of sugarcane 156 of the Federal Agriculture Improvement and Federal Agriculture Improvement and Reform and sugar beets; and’’; and

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.002 pfrm01 PsN: S25PT1 S1016 CONGRESSIONAL RECORD — SENATE February 25, 2002 (viii) in subparagraph (E) (as so redesig- (5) by striking subsection (d) and inserting the end of subparagraph (C) and inserting nated)— following: ‘‘359b(a)(3), adjust upward or downward mar- (I) by striking ‘‘quantity of sugar’’ and insert- ‘‘(d) FILLING CANE SUGAR AND BEET SUGAR keting allotments in a fair and equitable man- ing ‘‘quantity of sugars, syrups, and molasses’’; ALLOTMENTS.— ner’’; (II) by inserting ‘‘human’’ after ‘‘imported ‘‘(1) CANE SUGAR.—Each marketing allotment (B) in paragraph (2), by striking ‘‘359f(b)’’ for’’ the first place it appears; for cane sugar established under this section and inserting ‘‘359f(c)’’; and (III) by inserting after ‘‘consumption’’ the may only be filled with sugar processed from do- (C) in paragraph (3)— first place it appears the following: ‘‘or to be mestically grown sugarcane. (i) in the paragraph heading, by striking ‘‘RE- used for the extraction of sugar for human con- ‘‘(2) BEET SUGAR.—Each marketing allotment DUCTIONS’’ and inserting ‘‘CARRY-OVER OF RE- sumption’’; for beet sugar established under this section DUCTIONS’’; (IV) by striking ‘‘year’’ and inserting ‘‘year, may only be filled with sugar domestically proc- (ii) by inserting after ‘‘this subsection, if’’ the whether such articles are under a tariff-rate essed from sugar beets.’’; following: ‘‘at the time of the reduction’’; (iii) by striking ‘‘price support’’ and inserting quota or are in excess or outside of a tariff-rate (6) by striking subsection (e); (7) by redesignating subsection (f) as sub- ‘‘nonrecourse’’; quota’’; and (iv) by striking ‘‘206’’ and all that follows (V) by striking ‘‘(other than sugar’’ and all section (e); (8) in subsection (e) (as so redesignated)— through ‘‘the allotment’’ and inserting ‘‘156 of that follows through ‘‘carry-in stocks’’; the Federal Agriculture Improvement and Re- (B) by redesignating paragraph (2) as para- (A) by striking ‘‘The allotment’’ and inserting the following: form Act of 1996 (7 U.S.C. 7272),’’; and graph (3); (v) by striking ‘‘, if any,’’; and (C) by inserting after paragraph (1) the fol- ‘‘(1) IN GENERAL.—The allotment’’; (B) in paragraph (1) (as so redesignated)— (11) by striking subsection (h) and inserting lowing: (i) by striking ‘‘the 5’’ and inserting ‘‘the’’; the following: ‘‘(2) EXCLUSION.—The estimates under this (ii) by inserting after ‘‘sugarcane is pro- ‘‘(h) SUSPENSION OF ALLOTMENTS.—Whenever subsection shall not apply to sugar imported for duced,’’ the following: ‘‘after a hearing (if re- the Secretary estimates or reestimates under sec- the production of polyhydric alcohol or to any quested by the affected sugarcane processors tion 359b(a), or has reason to believe, that im- sugar refined and reexported in refined form or and growers) and on such notice as the Sec- ports of sugars, syrups or molasses for human in products containing sugar.’’; and retary by regulation may prescribe,’’; and consumption or to be used for the extraction of (D) in paragraph (3) (as so redesignated)— (iii) by striking ‘‘on the basis of past mar- sugar for human consumption, whether under a (i) in the paragraph heading, by striking ketings’’ and all that follows through ‘‘allot- tariff-rate quota or in excess or outside of a tar- ‘‘QUARTERLY REESTIMATES’’ and inserting ‘‘RE- ments’’ and inserting ‘‘as provided in this sub- iff-rate quota, will exceed 1,532,000 short tons ESTIMATES’’; and section and section 359d(a)(2)(A)(iv)’’; and (raw value equivalent), and that the imports (ii) by inserting ‘‘as necessary, but’’ after ‘‘a (C) by inserting after paragraph (1) (as so des- would lead to a reduction of the overall allot- fiscal year’’; ignated) the following: ment quantity, the Secretary shall suspend the (3) in subsection (b)— ‘‘(2) OFFSHORE ALLOTMENT.— marketing allotments established under this sec- (A) by striking paragraph (1) and inserting ‘‘(A) COLLECTIVELY.—Prior to the allotment of tion until such time as the imports have been re- the following: sugar derived from sugarcane to any other stricted, eliminated, or reduced to or below the ‘‘(1) IN GENERAL.—By the beginning of each State, 325,000 short tons, raw value shall be al- level of 1,532,000 short tons (raw value equiva- fiscal year, the Secretary shall establish for that lotted to the offshore States. lent).’’. fiscal year appropriate allotments under section ‘‘(B) INDIVIDUALLY.—The collective offshore (d) ALLOCATION.—Section 359d(a)(2) of the 359c for the marketing by processors of sugar State allotment provided for under subpara- Agricultural Adjustment Act of 1938 (7 U.S.C. processed from sugar beets and from domesti- graph (A) shall be further allotted among the 1359dd(a)(2)) is amended— cally-produced sugarcane at a level that the offshore States in which sugarcane is produced, (1) in subparagraph (A)— Secretary estimates will result in no forfeitures after a hearing (if requested by the affected sug- (A) by striking ‘‘The Secretary’’ and inserting of sugar to the Commodity Credit Corporation arcane processors and growers) and on such no- the following: ‘‘(i) IN GENERAL.—The Secretary’’; under the loan program for sugar established tice as the Secretary by regulation may pre- under section 156 of the Federal Agriculture Im- (B) in the first sentence of clause (i) (as so scribe, in a fair and equitable manner on the designated)— provement and Reform Act of 1996 (7 U.S.C. basis of— 7272).’’; and (i) by striking ‘‘interested parties’’ and insert- ‘‘(i) past marketings of sugar, based on the ing ‘‘the affected sugarcane processors and (B) in paragraph (2), by striking ‘‘or crys- average of the 2 highest years of production of talline fructose’’; growers’’; and raw cane sugar from the 1996 through 2000 (ii) by striking ‘‘by taking’’ and all that fol- (4) by striking subsection (c); crops; lows through ‘‘allotment allocated.’’ and insert- (5) by redesignating subsection (d) as sub- ‘‘(ii) the ability of processors to market the section (c); and ing ‘‘under this subparagraph.’’; and sugar covered under the allotments for the crop (C) by inserting after clause (i) the following: (6) in subsection (c) (as so redesignated)— year; and ‘‘(ii) MULTIPLE PROCESSOR STATES.—Except as (A) by striking paragraph (2); ‘‘(iii) past processings of sugar from sugarcane provided in clauses (iii) and (iv), the Secretary (B) by redesignating paragraphs (3) and (4) as based on the 3-year average of the 1998 through shall allocate the allotment for cane sugar paragraphs (2) and (3), respectively; and 2000 crop years. among multiple cane sugar processors in a sin- (C) in paragraph (2) (as so redesignated)— ‘‘(3) MAINLAND ALLOTMENT.—The allotment gle State based on— (i) by striking ‘‘or manufacturer’’ and all that for sugar derived from sugarcane, less the ‘‘(I) past marketings of sugar, based on the follows through ‘‘(2)’’; and amount provided for under paragraph (2), shall average of the 2 highest years of production of (ii) by striking ‘‘or crystalline fructose’’. be allotted among the mainland States in the raw cane sugar from among the 1996 through (c) ESTABLISHMENT.—Section 359c of the Agri- United States in which sugarcane is produced, 2000 crops; cultural Adjustment Act of 1938 (7 U.S.C. 1359cc) after a hearing (if requested by the affected sug- ‘‘(II) the ability of processors to market sugar is amended— arcane processors and growers) and on such no- covered by that portion of the allotment allo- (1) in the section heading, by inserting tice as the Secretary by regulation may pre- cated for the crop year; and ‘‘FLEXIBLE’’ after ‘‘OF’’; scribe, in a fair and equitable manner on the ‘‘(III) past processings of sugar from sugar- (2) in subsection (a), by inserting ‘‘flexible’’ basis of— cane, based on the average of the 3 highest after ‘‘establish’’; ‘‘(A) past marketings of sugar, based on the years of production during the 1996 through (3) in subsection (b)— average of the 2 highest years of production of 2000 crop years. (A) in paragraph (1)(A), by striking raw cane sugar from the 1996 through 2000 ‘‘(iii) TALISMAN PROCESSING FACILITY.—In the ‘‘1,250,000’’ and inserting ‘‘1,532,000’’; and crops; case of allotments under clause (ii) attributable (B) in paragraph (2), by striking ‘‘to the max- ‘‘(B) the ability of processors to market the to the operations of the Talisman processing fa- imum extent practicable’’; sugar covered under the allotments for the crop cility before the date of enactment of this (4) by striking subsection (c) and inserting the year; and clause, the Secretary shall allocate the allot- following: ‘‘(C) past processings of sugar from sugar- ment among processors in the State under clause ‘‘(c) MARKETING ALLOTMENT FOR SUGAR DE- cane, based on the 3 crop years with the great- (i) in accordance with the agreements of March RIVED FROM SUGAR BEETS AND SUGAR DERIVED est processings (in the mainland States collec- 25 and 26, 1999, between the affected processors FROM SUGARCANE.—The overall allotment quan- tively) during the 1991 through 2000 crop and the Secretary of the Interior. tity for the fiscal year shall be allotted years.’’; ‘‘(iv) PROPORTIONATE SHARE STATES.—In the between— (9) by inserting after subsection (e) (as so re- case of States subject to section 359f(c), the Sec- ‘‘(1) sugar derived from sugar beets by estab- designated) the following: retary shall allocate the allotment for cane lishing a marketing allotment for a fiscal year ‘‘(f) FILLING CANE SUGAR ALLOTMENTS.—Ex- sugar among multiple cane sugar processors in a at a quantity equal to the product of multi- cept as provided in section 359e, a State cane single state based on— plying the overall allotment quantity for the fis- sugar allotment established under subsection (e) ‘‘(I) past marketings of sugar, based on the cal year by 54.35 percent; and for a fiscal year may be filled only with sugar average of the 2 highest years of production of ‘‘(2) sugar derived from sugarcane by estab- processed from sugarcane grown in the State raw cane sugar from among the 1997 through lishing a marketing allotment for a fiscal year covered by the allotment.’’; 2001 crop years; at a quantity equal to the product of multi- (10) in subsection (g)— ‘‘(II) the ability of processors to market sugar plying the overall allotment quantity for the fis- (A) in paragraph (1), by striking ‘‘359b(a)(2)— covered by that portion of the allotments allo- cal year by 45.65 percent.’’; ’’ and all that follows through the comma at the cated for the crop year; and

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‘‘(III) past processings of sugar from sugar- processors for each of the 1998 through 2000 crop ‘‘(vi) SALE OF ALL ASSETS OF A PROCESSOR TO cane, based on the average of the 2 highest crop years, as determined under this subparagraph. ANOTHER PROCESSOR.—If a processor of beet years of crop production during the 1997 ‘‘(ii) QUANTITY.—The quantity of an alloca- sugar (or all of the assets of the processor) is through 2001 crop years. tion made for a beet sugar processor for a crop sold to another processor of beet sugar, the Sec- ‘‘(v) NEW ENTRANTS.— year under clause (i) shall bear the same ratio retary shall transfer the allocation of the seller ‘‘(I) IN GENERAL.—Notwithstanding clauses to the quantity of allocations made for all beet to the buyer unless the allocation has been dis- (ii) and (iv), the Secretary, on application of sugar processors for the crop year as the ad- tributed to other sugar beet processors under any processor that begins processing sugarcane justed weighted average quantity of beet sugar clause (v). on or after the date of enactment of this clause, produced by the processor (as determined under ‘‘(vii) SALE OF FACTORIES OF A PROCESSOR TO and after a hearing (if requested by the affected clauses (iii) and (iv)) bears to the total of the ANOTHER PROCESSOR.— sugarcane processors and growers) and on such adjusted weighted average quantities of beet ‘‘(I) IN GENERAL.—Subject to clauses (v) and notice as the Secretary by regulation may pre- sugar produced by all processors (as so deter- (vi), if 1 or more factories of a processor of beet scribe, may provide the processor with an allo- mined). sugar (but not all of the assets of the processor) cation that provides a fair, efficient and equi- ‘‘(iii) WEIGHTED AVERAGE QUANTITY.—Subject are sold to another processor of beet sugar dur- table distribution of the allocations from the al- to clause (iv), the weighted quantity of beet ing a fiscal year, the Secretary shall assign a lotment for the State in which the processor is sugar produced by a beet sugar processor during pro rata portion of the allocation of the seller to located. each of the 1998 through 2000 crop years shall be the allocation of the buyer to reflect the histor- ‘‘(II) PROPORTIONATE SHARE STATES.—In the (as determined by the Secretary)— ical contribution of the production of the sold case of proportionate share States, the Secretary ‘‘(I) in the case of the 1998 crop year, 25 per- factory or factories to the total allocation of the shall establish proportionate shares in a quan- cent of the quantity of beet sugar produced by seller. tity sufficient to produce the sugarcane required the processor during the crop year; ‘‘(II) APPLICATION OF ALLOCATION.—The as- to satisfy the allocations. ‘‘(II) in the case of the 1999 crop year, 35 per- signment of the allocation under subclause (I) ‘‘(III) LIMITATIONS.—The allotment for a new cent of the quantity of beet sugar produced by shall apply— processor under this clause shall not exceed— the processor during the crop year; and ‘‘(aa) during the remainder of the fiscal year ‘‘(aa) in the case of the first fiscal year of op- ‘‘(III) in the case of the 2000 crop year, 40 per- during which the sale described in subclause (I) eration of a new processor, 50,000 short tons cent of the quantity of beet sugar produced by occurs (referred to in this clause as the ‘initial (raw value); and the processor (including any quantity of sugar fiscal year’); and ‘‘(bb) in the case of each subsequent fiscal received from the Commodity Credit Corpora- ‘‘(bb) each subsequent fiscal year (referred in year of operation of the new processor, a quan- tion) during the crop year. this clause as a ‘subsequent fiscal year’), subject tity established by the Secretary in accordance ‘‘(iv) ADJUSTMENTS.— to subclause (III). ‘‘(III) SUBSEQUENT FISCAL YEARS.— with this clause and the criteria described in ‘‘(I) IN GENERAL.—The Secretary shall adjust ‘‘(aa) IN GENERAL.—The assignment of the al- clause (ii) or (iii), as applicable. the weighted average quantity of beet sugar pro- location under subclause (I) shall apply during ‘‘(IV) NEW ENTRANT STATES.— duced by a beet sugar processor during the 1998 each subsequent fiscal year unless the acquired ‘‘(aa) IN GENERAL.—Notwithstanding subpara- through 2000 crop years under clause (iii) if the factory or factories continue in operation for graphs (A) and (C) of section 359c(e)(3), to ac- Secretary determines that, during any such crop less than the initial fiscal year and the first sub- commodate an allocation under subclause (I) to year, the processor— sequent fiscal year. a new processor located in a new entrant main- ‘‘(aa) opened or closed a sugar beet processing ‘‘(bb) REASSIGNMENT.—If the acquired factory land State, the Secretary shall provide the new factory; ‘‘(bb) constructed a molasses desugarization or factories do not continue in operation for the entrant mainland State with an allotment. facility; or complete initial fiscal year and the first subse- ‘‘(bb) EFFECT ON OTHER ALLOTMENTS.—The al- ‘‘(cc) suffered substantial quality losses on quent fiscal year, the Secretary shall reassign lotment to any new entrant mainland State sugar beets stored during any such crop year. the temporary allocation to other processors of shall be subtracted, on a pro rata basis, from the ‘‘(II) QUANTITY.—The quantity of beet sugar beet sugar on a pro rata basis. allotments otherwise allotted to each mainland produced by a beet sugar processor under clause ‘‘(IV) USE OF OTHER FACTORIES TO FILL ALLO- State under section 359c(e)(3). (iii) shall be— CATION.—If the transferred allocation to the ‘‘(V) ADVERSE EFFECTS.—Before providing an ‘‘(aa) in the case of a processor that opened a buyer for the purchased factory or factories initial processor allocation or State allotment to sugar beet processing factory, increased by 1.25 cannot be filled by the production by the pur- a new entrant processor or a new entrant State percent of the total of the adjusted weighted av- chased factory or factories for the initial fiscal under this clause, the Secretary shall take into erage quantities of beet sugar produced by all year or a subsequent fiscal year, the remainder consideration any adverse effects that the provi- processors during the 1998 through 2000 crop of the transferred allocation may be filled by sion of the allocation or allotment may have on years (without consideration of any adjustment beet sugar produced by the buyer from other existing cane processors and producers in main- under this clause) for each sugar beet processing factories of the buyer. land States. factory that is opened by the processor; ‘‘(viii) NEW ENTRANTS STARTING PRODUCTION ‘‘(VI) ABILITY TO MARKET.—Consistent with ‘‘(bb) in the case of a processor that closed a OR REOPENING FACTORIES.—If an individual or section 359c and this section, any processor allo- sugar beet processing factory, decreased by 1.25 entity that does not have an allocation of beet cation or State allotment made to a new entrant percent of the total of the adjusted weighted av- sugar under this part (referred to in this sub- processor or to a new entrant State under this erage quantities of beet sugar produced by all paragraph as a ‘new entrant’) starts processing clause shall be provided only after the applicant processors during the 1998 through 2000 crop sugar beets after the date of enactment of this processor, or the applicable processors in the years (without consideration of any adjustment clause, or acquires and reopens a factory that State, have demonstrated the ability to process, under this clause) for each sugar beet processing produced beet sugar during the period of the produce, and market (including the transfer or factory that is closed by the processor; 1998 through 2000 crop years that (at the time of delivery of the raw cane sugar to a refinery for ‘‘(cc) in the case of a processor that con- acquisition) has no allocation associated with further processing or marketing) raw cane sugar structed a molasses desugarization facility, in- the factory under this part, the Secretary for the crop year for which the allotment is ap- creased by 0.25 percent of the total of the ad- shall— plicable. justed weighted average quantities of beet sugar ‘‘(I) assign an allocation for beet sugar to the ‘‘(VII) PROHIBITION.—Not more than 1 proc- produced by all processors during the 1998 new entrant that provides a fair and equitable essor allocation provided under this clause may through 2000 crop years (without consideration distribution of the allocations for beet sugar; be applicable to any individual sugar processing of any adjustment under this clause) for each and facility. molasses desugarization facility that is con- ‘‘(II) reduce the allocations for beet sugar of ‘‘(vi) TRANSFER OF OWNERSHIP.—Except as structed by the processor; and all other processors on a pro rata basis to reflect otherwise provided in section 359f(c)(8), if a sug- ‘‘(dd) in the case of a processor that suffered the new allocation. arcane processor is sold or otherwise transferred substantial quality losses on stored sugar beets, ‘‘(ix) NEW ENTRANTS ACQUIRING ONGOING FAC- to another owner or closed as part of an affili- increased by 1.25 percent of the total of the ad- TORIES WITH PRODUCTION HISTORY.—If a new ated corporate group processing consolidation, justed weighted average quantities of beet sugar entrant acquires a factory that has production the Secretary shall transfer the allotment allo- produced by all processors during the 1998 history during the period of the 1998 through cation for the processor to the purchaser, new through 2000 crop years (without consideration 2000 crop years and that is producing beet sugar owner, successor in interest, or any remaining of any adjustment under this clause). at the time the allocations are made from a processor of an affiliated entity, as applicable, ‘‘(v) PERMANENT TERMINATION OF OPERATIONS processor that has an allocation of beet sugar, of the processor.’’; and OF A PROCESSOR.—If a processor of beet sugar the Secretary shall transfer a portion of the al- (2) by striking subparagraph (B) and inserting has been dissolved, liquidated in a bankruptcy location of the seller to the new entrant to re- the following: proceeding, or otherwise has permanently termi- flect the historical contribution of the produc- ‘‘(B) BEET SUGAR.— nated operations (other than in conjunction tion of the sold factory to the total allocation of ‘‘(i) IN GENERAL.—Except as otherwise pro- with a sale or other disposition of the processor the seller.’’. vided in this subparagraph and sections 359c(g), or the assets of the processor), the Secretary (e) REASSIGNMENT.—Section 359e(b) of the Ag- 359e(b), and 359f(b), the Secretary shall make al- shall— ricultural Adjustment Act of 1938 (7 U.S.C. locations for beet sugar among beet sugar proc- ‘‘(I) eliminate the allocation of the processor 1359ee(b)) is amended— essors for each crop year that allotments are in provided under this section; and (1) in paragraph (1)— effect on the basis of the adjusted weighted av- ‘‘(II) distribute the allocation to other beet (A) in subparagraph (B), by striking the erage quantity of beet sugar produced by the sugar processors on a pro rata basis. ‘‘and’’ after the semicolon;

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(B) by redesignating subparagraph (C) as sub- ‘‘(8) PROCESSING FACILITY CLOSURES.— ‘‘(b) DEFINITIONS.—In this section: paragraph (D); ‘‘(A) IN GENERAL.—If a sugarcane processing ‘‘(1) QUALIFIED SUPPLYING COUNTRY.—The (C) by inserting after subparagraph (B) the facility subject to this subsection is closed and term ‘qualified supplying country’ means one of following: the sugarcane growers that delivered sugarcane the following 40 foreign countries that is al- ‘‘(C) if after the reassignments, the deficit to the facility prior to closure elect to deliver lowed to export cane sugar to the United States cannot be completely eliminated, the Secretary their sugarcane to another processing company, under an agreement or any other country with shall reassign the estimated quantity of the def- the growers may petition the Secretary to mod- which the United States has an agreement relat- icit to the sale of any inventories of sugar held ify allocations under this part to allow the de- ing to the importation of cane sugar: by the Commodity Credit Corporation; and’’; livery. Argentina and ‘‘(B) INCREASED ALLOCATION FOR PROCESSING Australia (D) in subparagraph (D) (as so redesignated), COMPANY.—The Secretary may increase the allo- Barbados by inserting ‘‘and sales’’ after ‘‘reassignments’’; cation to the processing company to which the Belize and growers elect to deliver the sugarcane, with the Bolivia (2) in paragraph (2)— approval of the processing company, to a level Brazil (A) in subparagraph (A), by striking the that does not exceed the processing capacity of Colombia ‘‘and’’ after the semicolon; the processing company, to accommodate the Congo (B) in subparagraph (B), by striking ‘‘reassign change in deliveries. Costa Rica the remainder to imports.’’ and inserting ‘‘use ‘‘(C) DECREASED ALLOCATION FOR CLOSED Dominican Republic the estimated quantity of the deficit for the sale COMPANY.—The increased allocation shall be de- Ecuador of any inventories of sugar held by the Com- ducted from the allocation to the company that El Salvador modity Credit Corporation; and’’; and owned the processing facility that has been Fiji (C) by inserting after subparagraph (B) the closed and the remaining allocation shall be un- Gabon following: affected. Guatemala ‘‘(C) if after the reassignments and sales, the ‘‘(D) TIMING.—The determinations of the Sec- Guyana deficit cannot be completely eliminated, the Sec- retary on the issues raised by the petition shall Haiti retary shall reassign the remainder to imports.’’. be made within 60 days after the filing of the Honduras (f) PRODUCER PROVISIONS.—Section 359f of the petition.’’. Agricultural Adjustment Act of 1938 (7 U.S.C. India (g) CONFORMING AMENDMENTS.— 1359ff) is amended— Ivory Coast (1) Part VII of subtitle B of title III of the Ag- (1) in subsection (a)— Jamaica (A) by striking ‘‘Whenever’’ and inserting the ricultural Adjustment Act of 1938 (7 U.S.C. Madagascar following: 359aa et seq.) is amended by striking the part Malawi ‘‘(1) IN GENERAL.—If’’; heading and inserting the following: Mauritius (B) in the second sentence, by striking ‘‘proc- ‘‘PART VII—FLEXIBLE MARKETING Mexico essor’s allocation’’ and inserting ‘‘allocation to ALLOTMENTS FOR SUGAR’’. Mozambique the processor’’; (2) Part VII of subtitle B of title III of the Ag- Nicaragua (C) by striking ‘‘Any dispute’’ and inserting ricultural Adjustment Act of 1938 (as amended Panama the following: by subsection (a)) is amended by inserting before Papua New Guinea ‘‘(2) ARBITRATION.— section 359b (7 U.S.C. 1359bb) the following: Paraguay ‘‘(A) IN GENERAL.—Any dispute’’; and Peru (D) by adding at the end the following: ‘‘SEC. 359a. DEFINITIONS. Philippines ‘‘(B) PERIOD.—The arbitration shall, to the ‘‘In this part: St. Kitts and Nevis maximum extent practicable, be— ‘‘(1) MAINLAND STATE.—The term ‘mainland South Africa ‘‘(i) commenced not more than 45 days after State’ means a State other than an offshore Swaziland the request; and State. Taiwan ‘‘(ii) completed not more than 60 days after ‘‘(2) OFFSHORE STATE.—The term ‘offshore Thailand the request.’’; State’ means a sugarcane producing State lo- Trinidad-Tobago (2) by redesignating subsection (b) as sub- cated outside of the continental United States. Uruguay section (c); ‘‘(3) STATE.—Notwithstanding section 301, the Zimbabwe. term ‘State’ means— (3) by inserting after subsection (a) the fol- ‘‘(2) CANE SUGAR.—The term ‘cane sugar’ has lowing: ‘‘(A) a State; the same meaning as the term has under part ‘‘(b) SUGAR BEET PROCESSING FACILITY CLO- ‘‘(B) the District of Columbia; and VII.’’. SURES.— ‘‘(C) the Commonwealth of Puerto Rico. ‘‘(1) IN GENERAL.—If a sugar beet processing ‘‘(4) UNITED STATES.—The term ‘United CHAPTER 3—PEANUTS facility is closed and the sugar beet growers that States’, when used in a geographical sense, SEC. 151. PEANUT PROGRAM. previously delivered beets to the facility elect to means all of the States.’’. (a) IN GENERAL.—Subtitle D of the Federal deliver their beets to another processing com- (3) Section 359g of the Agricultural Adjust- Agriculture Improvement and Reform Act of pany, the growers may petition the Secretary to ment Act of 1938 (7 U.S.C. 1359gg) is amended— 1996 (7 U.S.C. 7251 et seq.) is amended by adding modify allocations under this part to allow the (A) by striking ‘‘359f’’ each place it appears at the end the following: delivery. and inserting ‘‘359f(c)’’; ‘‘CHAPTER 3—PEANUTS ‘‘(2) INCREASED ALLOCATION FOR PROCESSING (B) in the first sentence of subsection (b), by ‘‘SEC. 158A. DEFINITIONS. COMPANY.—The Secretary may increase the allo- striking ‘‘3 consecutive’’ and inserting ‘‘5 con- cation to the processing company to which the secutive’’; and ‘‘In this chapter: growers elect to deliver their sugar beets, with (C) in subsection (c), by inserting ‘‘or ad- ‘‘(1) COUNTER-CYCLICAL PAYMENT.—The term the approval of the processing company, to a justed’’ after ‘‘share established’’. ‘counter-cyclical payment’ means a payment level that does not exceed the processing capac- (4) Section 359j of the Agricultural Adjustment made to peanut producers on a farm under sec- ity of the processing company, to accommodate Act of 1938 (7 U.S.C. 1359jj) is amended— tion 158D. the change in deliveries. (A) in subsection (b), by striking ‘‘sections ‘‘(2) DIRECT PAYMENT.—The term ‘direct pay- ‘‘(3) DECREASED ALLOCATION FOR CLOSED COM- 359a through 359i’’ and inserting ‘‘this part’’; ment’ means a payment made to peanut pro- PANY.—The increased allocation shall be de- and ducers on a farm under section 158C. ducted from the allocation to the company that (B) by striking subsection (c). ‘‘(3) EFFECTIVE PRICE.—The term ‘effective price’ means the price calculated by the Sec- owned the processing facility that has been SEC. 144. REALLOCATION OF SUGAR QUOTA. retary under section 158D for peanuts to deter- closed and the remaining allocation shall be un- Subtitle B of title III of the Agricultural Ad- mine whether counter-cyclical payments are re- affected. justment Act of 1938 (7 U.S.C. 1311 et seq.) is quired to be made under section 158D for a crop ‘‘(4) TIMING.—The determinations of the Sec- amended by adding at the end the following: retary on the issues raised by the petition shall year. be made within 60 days after the filing of the ‘‘PART VIII—REALLOCATING SUGAR ‘‘(4) HISTORICAL PEANUT PRODUCERS ON A petition.’’; and QUOTA IMPORT SHORTFALLS FARM.—The term ‘historical peanut producers (4) in subsection (c) (as so redesignated)— ‘‘SEC. 360. REALLOCATING CERTAIN SUGAR on a farm’ means the peanut producers on a (A) in paragraph (3)(A), by striking ‘‘the pre- QUOTAS. farm in the United States that produced or were ceding 5 years’’ and inserting ‘‘the 2 highest ‘‘(a) IN GENERAL.—Notwithstanding any other prevented from planting peanuts during any of years from among the 1999, 2000, and 2001 crop provision of law, on or after June 1 of each the 1998 through 2001 crop years. years’’; year, the United States Trade Representative, in ‘‘(5) INCOME PROTECTION PRICE.—The term (B) in paragraph (4)(A), by striking ‘‘each’’ consultation with the Secretary, shall determine ‘income protection price’ means the price per ton and all that follows through ‘‘in effect’’ and in- the amount of the quota of cane sugar used by of peanuts used to determine the payment rate serting ‘‘the 2 highest of the 1999, 2000, and 2001 each qualified supplying country for that fiscal for counter-cyclical payments. crop years’’; and year, and may reallocate the unused quota for ‘‘(6) PAYMENT ACRES.—The term ‘payment (C) by inserting after paragraph (7) the fol- that fiscal year among qualified supplying acres’ means 85 percent of the peanut acres on lowing: countries. a farm, as established under section 158B, on

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which direct payments and counter-cyclical after the date of enactment of this section, the ‘‘(c) PAYMENT AMOUNT.—The amount of the payments are made. Secretary shall provide each historical peanut direct payment to be paid to the peanut pro- ‘‘(7) PEANUT ACRES.—The term ‘peanut acres’ producer in a State that produced a contract ducers on a farm for peanuts for a fiscal year means the number of acres assigned to a par- commodity, or another agricultural commodity shall be equal to the product obtained by ticular farm for historical peanut producers on for which a production adjustment program is multiplying— a farm pursuant to section 158B(b). carried out under the Agricultural Adjustment ‘‘(1) the payment rate specified in subsection ‘‘(8) PAYMENT YIELD.—The term ‘payment Act of 1938 (7 U.S.C. 1281 et seq.), or was pre- (b); yield’ means the yield assigned to a farm by his- vented from planting a contract commodity, or ‘‘(2) the payment acres on the farm; by torical peanut producers on the farm pursuant another such agricultural commodity, during ‘‘(3) the payment yield for the farm. to section 158B(b). the 2001 crop year with an opportunity to assign ‘‘(d) TIME FOR PAYMENT.— ‘‘(9) PEANUT PRODUCER.—The term ‘peanut the average peanut yield and average acreage ‘‘(1) IN GENERAL.—The Secretary shall make producer’ means an owner, operator, landlord, determined under subsection (a) for the histor- direct payments— ‘‘(A) in the case of the 2002 fiscal year, during tenant, or sharecropper that— ical peanut producer to cropland on a farm in the period beginning December 1, 2001, and end- ‘‘(A) shares in the risk of producing a crop of the State. peanuts in the United States; and ‘‘(2) ASSIGNMENT TO CROPLAND.—In the case ing September 30, 2002; and ‘‘(B) is entitled to share in the crop available of a historical peanut producer on a farm that ‘‘(B) in the case of each of the 2003 through for marketing from the farm or would have did not produce a contract commodity, or an- 2006 fiscal years, not later than September 30 of shared in the crop had the crop been produced. other such agricultural commodity, and was not the fiscal year. ‘‘(2) ADVANCE PAYMENTS.— ‘‘SEC. 158B. PAYMENT YIELDS, PEANUT ACRES, prevented from planting a contract commodity AND PAYMENT ACRES FOR FARMS. ‘‘(A) IN GENERAL.—At the option of the pea- or another such agricultural commodity during nut producers on a farm, the Secretary shall ‘‘(a) PAYMENT YIELDS AND PAYMENT ACRES.— the 2001 crop year, the average peanut yield and pay 50 percent of the direct payment for a fiscal ‘‘(1) AVERAGE YIELD.— average acreage determined under subsection (a) ‘‘(A) IN GENERAL.—The Secretary shall deter- year for the producers on the farm on a date se- shall be assigned to the cropland on the farm. lected by the peanut producers on the farm. mine, for each historical peanut producer, the ‘‘(3) PAYMENT YIELD.—The average of all of ‘‘(B) SELECTED DATE.—The selected date for a average yield for peanuts on all farms of the the yields assigned by historical peanut pro- fiscal year shall be on or after December 1 of the historical peanut producer for the 1998 through ducers to a farm shall be considered to be the 2001 crop years, excluding any crop year during fiscal year. payment yield for the farm for the purpose of ‘‘(C) SUBSEQUENT FISCAL YEARS.—The peanut which the producers did not produce peanuts. making direct payments and counter-cyclical producers on a farm may change the selected ‘‘(B) ASSIGNED YIELDS.—Except as provided in payments under this chapter. date for a subsequent fiscal year by providing subparagraph (C), if, for any of the crop years ‘‘(4) PEANUT ACRES.—Subject to subsection (e), referred to in subparagraph (A) in which pea- advance notice to the Secretary. the total number of acres assigned by historical ‘‘(3) REPAYMENT OF ADVANCE PAYMENTS.—If nuts were planted on a farm by the historical peanut producers to a farm shall be considered any peanut producer on a farm that receives an peanut producer, the historical peanut producer to be the peanut acres for the farm for the pur- advance direct payment for a fiscal year ceases has satisfied the eligibility criteria established to pose of making direct payments and counter-cy- to be eligible for a direct payment before the carry out section 1102 of the Agriculture, Rural clical payments under this chapter. date the direct payment would have been made Development, Food and Drug Administration, ‘‘(c) ELECTION.—In the case of the first crop by the Secretary under paragraph (1), the pea- and Related Agencies Appropriations Act, 1999 year that begins after the date of enactment of nut producer shall be responsible for repaying (7 U.S.C. 1421 note; Public Law 105–277), the this subsection, a historical peanut producer the Secretary the full amount of the advance Secretary shall assign to the historical peanut shall notify the Secretary of the assignments de- payment. producer a yield for the farm for the crop year scribed in subsection (b)(1) not later than 180 equal to 65 percent of the average yield for pea- days after the date of enactment of this section. ‘‘SEC. 158D. COUNTER-CYCLICAL PAYMENTS FOR PEANUTS. nuts for the previous 5 crop years. ‘‘(d) PAYMENT ACRES.—The payment acres for ‘‘(a) IN GENERAL.—For each of the 2002 ‘‘(C) SELECTION BY PRODUCER.—If a county in peanuts on a farm shall be equal to 85 percent through 2006 crops of peanuts, the Secretary which a historical peanut producer described in of the peanut acres assigned to the farm. shall make counter-cyclical payments with re- subparagraph (A) is located is declared a dis- ‘‘(e) PREVENTION OF EXCESS PEANUT ACRES.— spect to peanuts if the Secretary determines that aster area during 1 or more of the 4 crop years ‘‘(1) REQUIRED REDUCTION.—If the total of the described in subparagraph (A), for the purposes peanut acres for a farm, together with the acre- the effective price for peanuts is less than the of determining the 4-year average yield for the age described in paragraph (3), exceeds the ac- income protection price for peanuts. ‘‘(b) EFFECTIVE PRICE.—For purposes of sub- historical peanut producer, the historical pea- tual cropland acreage of the farm, the Secretary section (a), the effective price for peanuts is nut producer may elect to substitute, for not shall reduce the quantity of peanut acres for the equal to the total of— farm or contract acreage for 1 or more covered more than 1 of the crop years during which a ‘‘(1) the greater of— disaster is declared— commodities for the farm as necessary so that ‘‘(A) the national average market price re- ‘‘(i) the State 4-year average yield of peanuts the total of the peanut acres and acreage de- ceived by peanut producers during the mar- produced in the State; or scribed in paragraph (3) does not exceed the ac- keting season for peanuts, as determined by the ‘‘(ii) the average yield for the historical pea- tual cropland acreage of the farm. Secretary; or ELECTION OF ACRES.—The Secretary nut producer determined by the Secretary under ‘‘(2) S ‘‘(B) the national average loan rate for a mar- shall give the peanut producers on the farm the subparagraph (A). keting assistance loan for peanuts under section CREAGE AVERAGE opportunity to select the peanut acres or con- ‘‘(2) A .—The Secretary shall 158G in effect for the marketing season for pea- tract acreage against which the reduction will determine, for the historical peanut producer, nuts under this chapter; and the 4-year average of— be made. ‘‘(2) the payment rate in effect for peanuts ‘‘(3) OTHER ACREAGE.—For purposes of para- ‘‘(A) acreage planted to peanuts on all farms under section 158C for the purpose of making di- graph (1), the Secretary shall include— for harvest during the 1998 through 2001 crop rect payments with respect to peanuts. ‘‘(A) any contract acreage for the farm under years; and ‘‘(c) INCOME PROTECTION PRICE.—For pur- subtitle B; ‘‘(B) any acreage that was prevented from poses of subsection (a), the income protection ‘‘(B) any acreage on the farm enrolled in the being planting to peanuts during the crop years price for peanuts shall be equal to $520 per ton. conservation reserve program or wetlands re- because of drought, flood, or other natural dis- ‘‘(d) PAYMENT AMOUNT.—The amount of the aster, or other condition beyond the control of serve program under chapter 1 of subtitle D of counter-cyclical payment to be paid to the pea- the historical peanut producer, as determined by title XII of the Food Security Act of 1985 (16 nut producers on a farm for a crop year shall be the Secretary. U.S.C. 3830 et seq.); and equal to the product obtained by multiplying— ‘‘(3) TIME FOR DETERMINATIONS; FACTORS.— ‘‘(C) any other acreage on the farm enrolled ‘‘(1) the payment rate specified in subsection ‘‘(A) TIMING.—The Secretary shall make the in a conservation program for which payments (e); determinations required by this subsection not are made in exchange for not producing an agri- ‘‘(2) the payment acres on the farm; by later than 90 days after the date of enactment of cultural commodity on the acreage. ‘‘(3) the payment yield for the farm. this section. ‘‘(3) DOUBLE-CROPPED ACREAGE.—In applying ‘‘(e) PAYMENT RATE.—The payment rate used ‘‘(B) FACTORS.—In making the determina- paragraph (1), the Secretary shall take into ac- to make counter-cyclical payments with respect tions, the Secretary shall take into account count additional acreage as a result of an estab- to peanuts for a crop year shall be equal to the changes in the number and identity of historical lished double-cropping history on a farm, as de- difference between— peanut producers sharing in the risk of pro- termined by the Secretary. ‘‘(1) the income protection price for peanuts; ducing a peanut crop since the 1998 crop year, ‘‘SEC. 158C. DIRECT PAYMENTS FOR PEANUTS. and including providing a method for the assignment ‘‘(a) IN GENERAL.—For each of the 2002 ‘‘(2) the effective price determined under sub- of average acres and average yield to a farm through 2006 fiscal years, the Secretary shall section (b) for peanuts. when a historical peanut producer is no longer make direct payments to peanut producers on a ‘‘(f) TIME FOR PAYMENTS.— living or an entity composed of historical peanut farm with peanut acres under section 158B and ‘‘(1) IN GENERAL.—The Secretary shall make producers has been dissolved. a payment yield for peanuts under section 158B. counter-cyclical payments to peanut producers ‘‘(b) ASSIGNMENT OF YIELD AND ACRES TO ‘‘(b) PAYMENT RATE.—The payment rate used on a farm under this section for a crop of pea- FARMS.— to make direct payments with respect to peanuts nuts as soon as practicable after determining ‘‘(1) ASSIGNMENT BY HISTORICAL PEANUT PRO- for a fiscal year shall be equal to $0.018 per under subsection (a) that the payments are re- DUCERS.—For the first crop year that begins pound. quired for the crop year.

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‘‘(2) PARTIAL PAYMENT.— ment dies, becomes incompetent, or is otherwise nut producers on a farm obtaining the loan ‘‘(A) IN GENERAL.—At the option of the Sec- unable to receive the payment, the Secretary agree to immediately redeem the loan collateral retary, the peanut producers on a farm may shall make the payment, in accordance with in accordance with section 158E. elect to receive up to 40 percent of the projected regulations promulgated by the Secretary. ‘‘(5) OPTIONS FOR OBTAINING LOAN.—A mar- counter-cyclical payment to be made under this ‘‘(d) ACREAGE REPORTS.—As a condition on keting assistance loan under this subsection, section for a crop of peanuts on completion of the receipt of any benefits under this chapter, and loan deficiency payments under subsection the first 2 months of the marketing season for the Secretary shall require the peanut producers (e), may be obtained at the option of the peanut the crop, as determined by the Secretary. on a farm to submit to the Secretary acreage re- producers on a farm through— ‘‘(B) REPAYMENT.—The peanut producers on ports for the farm. ‘‘(A) a designated marketing association of a farm shall repay to the Secretary the amount, ‘‘(e) TENANTS AND SHARECROPPERS.—In car- peanut producers that is approved by the Sec- if any, by which the payment received by pro- rying out this chapter, the Secretary shall pro- retary, which may own or construct necessary ducers on the farm (including any partial pay- vide adequate safeguards to protect the interests storage facilities. In the Southeast and South- ments) exceeds the counter-cyclical payment the of tenants and sharecroppers. west areas such designated marketing associa- producers on the farm are eligible for under this ‘‘(f) SHARING OF PAYMENTS.—The Secretary tion shall be operated primarily on behalf of section. shall provide for the sharing of direct payments peanut producers. The designated area mar- ‘‘SEC. 158E. PRODUCER AGREEMENTS. and counter-cyclical payments among the pea- keting association shall be allowed to form mar- keting pools for peanuts by type and quality, in- ‘‘(a) COMPLIANCE WITH CERTAIN REQUIRE- nut producers on a farm on a fair and equitable cluding the creation of a separate pool for Va- MENTS.— basis. lencia peanuts in New Mexico; ‘‘(1) REQUIREMENTS.—Before the peanut pro- ‘‘SEC. 158F. PLANTING FLEXIBILITY. ‘‘(B) the Farm Service Agency; or ducers on a farm may receive direct payments or ‘‘(a) PERMITTED CROPS.—Subject to subsection ‘‘(C) a loan servicing agent approved by the counter-cyclical payments with respect to the (b), any commodity or crop may be planted on Secretary. farm, the peanut producers on the farm shall peanut acres on a farm. ‘‘(6) LOAN SERVICING AGENT.—If approved by a agree during the fiscal year or crop year, respec- ‘‘(b) LIMITATIONS AND EXCEPTIONS REGARDING majority of historical peanut producers in a tively, for which the payments are received, in CERTAIN COMMODITIES.— State voting in a referendum conducted by the exchange for the payments— ‘‘(1) LIMITATIONS.—The planting of the fol- Secretary, as a condition of the Secretary’s ap- ‘‘(A) to comply with applicable highly erodible lowing agricultural commodities shall be prohib- proval of an entity to serve as a loan servicing land conservation requirements under subtitle B ited on peanut acres: agent or to handle or store peanuts for pro- of title XII of the Food Security Act of 1985 (16 ‘‘(A) Fruits. ducers that receive any marketing loan benefits U.S.C. 3811 et seq.); ‘‘(B) Vegetables (other than lentils, mung in the State, the entity shall agree to provide ‘‘(B) to comply with applicable wetland con- beans, and dry peas). adequate storage (if available) and handling of servation requirements under subtitle C of title ‘‘(C) In the case of the 2003 and subsequent peanuts at the commercial rate to other ap- XII of that Act (16 U.S.C. 3821 et seq.); crops of an agricultural commodity, wild rice. proved loan servicing agents and marketing as- ‘‘(C) to comply with the planting flexibility re- ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not sociations. quirements of section 158F; and limit the planting of an agricultural commodity ‘‘(b) LOAN RATE.—The loan rate for a mar- ‘‘(D) to use a quantity of the land on the farm specified in paragraph (1)— keting assistance loan for peanuts under sub- equal to the peanut acres, for an agricultural or ‘‘(A) in any region in which there is a history section (a) shall be equal to $400 per ton. conserving use, and not for a nonagricultural of double-cropping of peanuts with agricultural ‘‘(c) TERM OF LOAN.— commercial or industrial use, as determined by commodities specified in paragraph (1), as deter- ‘‘(1) IN GENERAL.—A marketing assistance the Secretary. mined by the Secretary, in which case the dou- loan for peanuts under subsection (a) shall have ‘‘(2) COMPLIANCE.—The Secretary may pro- ble-cropping shall be permitted; a term of 9 months beginning on the first day of mulgate such regulations as the Secretary con- ‘‘(B) on a farm that the Secretary determines the first month after the month in which the siders necessary to ensure peanut producer com- has a history of planting agricultural commod- loan is made. pliance with paragraph (1). ities specified in paragraph (1) on peanut acres, ‘‘(2) EXTENSIONS PROHIBITED.—The Secretary ‘‘(b) FORECLOSURE.— except that direct payments and counter-cycli- may not extend the term of a marketing assist- ‘‘(1) IN GENERAL.—The Secretary shall not re- cal payments shall be reduced by an acre for ance loan for peanuts under subsection (a). quire the peanut producers on a farm to repay each acre planted to the agricultural com- ‘‘(d) REPAYMENT RATE.—The Secretary shall a direct payment or counter-cyclical payment if modity; or permit peanut producers on a farm to repay a a foreclosure has occurred with respect to the ‘‘(C) by the peanut producers on a farm that marketing assistance loan for peanuts under farm and the Secretary determines that for- the Secretary determines has an established subsection (a) at a rate that is the lesser of— giving the repayment is appropriate to provide planting history of a specific agricultural com- ‘‘(1) the loan rate established for peanuts fair and equitable treatment. modity specified in paragraph (1), except that— under subsection (b), plus interest (as deter- ‘‘(2) COMPLIANCE WITH REQUIREMENTS.— ‘‘(i) the quantity planted may not exceed the mined by the Secretary); or ‘‘(A) IN GENERAL.—This subsection shall not average annual planting history of the agricul- ‘‘(2) a rate that the Secretary determines void the responsibilities of the peanut producers tural commodity by the peanut producers on the will— on a farm under subsection (a) if the peanut farm during the 1996 through 2001 crop years ‘‘(A) minimize potential loan forfeitures; producers on the farm continue or resume oper- (excluding any crop year in which no plantings ‘‘(B) minimize the accumulation of stocks of ation, or control, of the farm. were made), as determined by the Secretary; and peanuts by the Federal Government; ‘‘(C) minimize the cost incurred by the Federal ‘‘(B) APPLICABLE REQUIREMENTS.—On the re- ‘‘(ii) direct payments and counter-cyclical sumption of operation or control over the farm payments shall be reduced by an acre for each Government in storing peanuts; and ‘‘(D) allow peanuts produced in the United by the peanut producers on the farm, the re- acre planted to the agricultural commodity. quirements of subsection (a) in effect on the States to be marketed freely and competitively, ‘‘SEC. 158G. MARKETING ASSISTANCE LOANS AND both domestically and internationally. date of the foreclosure shall apply. LOAN DEFICIENCY PAYMENTS FOR ‘‘(e) LOAN DEFICIENCY PAYMENTS.— ‘‘(c) TRANSFER OR CHANGE OF INTEREST IN PEANUTS. ‘‘(1) AVAILABILITY.—The Secretary may make FARM.— ‘‘(a) NONRECOURSE LOANS AVAILABLE.— loan deficiency payments available to the pea- ‘‘(1) TERMINATION.—Except as provided in ‘‘(1) AVAILABILITY.—For each of the 2002 nut producers on a farm that, although eligible paragraph (5), a transfer of (or change in) the through 2006 crops of peanuts, the Secretary to obtain a marketing assistance loan for pea- interest of the peanut producers on a farm in shall make available to peanut producers on a nuts under subsection (a), agree to forgo obtain- peanut acres for which direct payments or farm nonrecourse marketing assistance loans for ing the loan for the peanuts in return for pay- counter-cyclical payments are made shall result peanuts produced on the farm. ments under this subsection. ERMS AND CONDITIONS in the termination of the payments with respect ‘‘(2) T .—The loans shall ‘‘(2) AMOUNT.—A loan deficiency payment to the peanut acres, unless the transferee or be made under terms and conditions that are under this subsection shall be obtained by owner of the acreage agrees to assume all obli- prescribed by the Secretary and at the loan rate multiplying— gations under subsection (a). established under subsection (b). ‘‘(A) the loan payment rate determined under ‘‘(2) EFFECTIVE DATE.—The termination takes ‘‘(3) ELIGIBLE PRODUCTION.—The producers on paragraph (3) for peanuts; by effect on the date of the transfer or change. a farm shall be eligible for a marketing assist- ‘‘(B) the quantity of the peanuts produced by ‘‘(3) TRANSFER OF PAYMENT BASE AND YIELD.— ance loan under this section for any quantity of the peanut producers on the farm, excluding The Secretary shall not impose any restriction peanuts produced on the farm. any quantity for which the producers on the on the transfer of the peanut acres or payment ‘‘(4) TREATMENT OF CERTAIN COMMINGLED farm obtain a loan under subsection (a). yield of a farm as part of a transfer or change COMMODITIES.—In carrying out this section, the ‘‘(3) LOAN PAYMENT RATE.—For purposes of described in paragraph (1). Secretary shall make loans to peanut producers this subsection, the loan payment rate shall be ‘‘(4) MODIFICATION.—At the request of the on a farm that would be eligible to obtain a the amount by which— transferee or owner, the Secretary may modify marketing assistance loan but for the fact the ‘‘(A) the loan rate established under sub- the requirements of subsection (a) if the modi- peanuts owned by the peanut producers on the section (b); exceeds fications are consistent with the purposes of farm are commingled with other peanuts of ‘‘(B) the rate at which a loan may be repaid subsection (a), as determined by the Secretary. other producers in facilities unlicensed for the under subsection (d). ‘‘(5) EXCEPTION.—If a peanut producer enti- storage of agricultural commodities by the Sec- ‘‘(4) TIME FOR PAYMENT.—The Secretary shall tled to a direct payment or counter-cyclical pay- retary or a State licensing authority, if the pea- make a payment under this subsection to the

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peanut producers on a farm with respect to a ‘‘(d) CROPS.—This section shall apply begin- (2) ADJUSTMENT OF QUOTAS.—Section 371 of quantity of peanuts as of the earlier of— ning with the 2002 crop of peanuts.’’. the Agricultural Adjustment Act of 1938 (7 ‘‘(A) the date on which the peanut producers (b) CONFORMING AMENDMENTS.— U.S.C. 1371) is amended— on the farm marketed or otherwise lost bene- (1) The chapter heading of chapter 2 of sub- (A) in the first sentence of subsection (a), by ficial interest in the peanuts, as determined by title D of the Federal Agriculture Improvement striking ‘‘peanuts,’’; and the Secretary; or and Reform Act of 1996 (7 U.S.C. prec. 7271) is (B) in the first sentence of subsection (b), by ‘‘(B) the date the peanut producers on the amended by striking ‘‘PEANUTS AND’’. striking ‘‘peanuts’’. farm request the payment. (2) Section 155 of the Federal Agriculture Im- (3) REPORTS AND RECORDS.—Section 373 of the ‘‘(f) COMPLIANCE WITH CONSERVATION RE- provement and Reform Act of 1996 (7 U.S.C. Agricultural Adjustment Act of 1938 (7 U.S.C. QUIREMENTS.—As a condition of the receipt of a 7271) is repealed. 1373) is amended— marketing assistance loan under subsection (a), SEC. 152. TERMINATION OF MARKETING QUOTAS (A) in the first sentence of subsection (a)— the peanut producers on a farm shall comply FOR PEANUTS AND COMPENSATION (i) by striking ‘‘peanuts,’’ each place it ap- during the term of the loan with— TO PEANUT QUOTA HOLDERS. pears; ‘‘(1) applicable highly erodible land conserva- (a) REPEAL OF MARKETING QUOTAS FOR PEA- (ii) by inserting ‘‘and’’ after ‘‘from pro- tion requirements under subtitle B of title XII of NUTS.—Effective beginning with the 2002 crop of ducers,’’; and the Food Security Act of 1985 (16 U.S.C. 3811 et peanuts, part VI of subtitle B of title III of the (iii) by striking ‘‘for producers, all’’ and all seq.); and Agricultural Adjustment Act of 1938 (7 U.S.C. that follows through the period at the end of the ‘‘(2) applicable wetland conservation require- 1357 et seq.) is repealed. sentence and inserting ‘‘for producers.’’; and ments under subtitle C of title XII of that Act (b) COMPENSATION OF QUOTA HOLDERS.— (B) in subsection (b), by striking ‘‘peanuts,’’. (16 U.S.C. 3821 et seq.). (1) DEFINITIONS.—In this subsection: (4) EMINENT DOMAIN.—Section 378(c) of the ‘‘(g) REIMBURSABLE AGREEMENTS AND PAY- (A) PEANUT QUOTA HOLDER.— Agricultural Adjustment Act of 1938 (7 U.S.C. MENT OF EXPENSES.—To the maximum extent (i) IN GENERAL.—The term ‘‘peanut quota 1378(c)) is amended in the first sentence— practicable, the Secretary shall implement any holder’’ means a person or entity that owns a (A) by striking ‘‘cotton,’’ and inserting ‘‘cot- reimbursable agreements or provide for the pay- farm that— ton and’’; and ment of expenses under this chapter in a man- (I) held a peanut quota established for the (B) by striking ‘‘and peanuts,’’. (d) CROPS.—This section and the amendments ner that is consistent with the implementation farm for the 2001 crop of peanuts under part VI made by this section apply beginning with the of the agreements or payment of the expenses of subtitle B of title III of the Agricultural Ad- 2002 crop of peanuts. for other commodities. justment Act of 1938 (7 U.S.C. 1357 et seq.) (as in ‘‘(h) AREA MARKETING ASSOCIATION COSTS.— effect before the amendment made by subsection Subtitle D—Administration If approved by a majority of historical peanut (a)); SEC. 161. MARKETING ORDERS FOR producers in a State voting in a referendum con- (II) if there was not such a quota established CANEBERRIES. ducted by the Secretary, the Secretary shall de- for the farm for the 2001 crop of peanuts, would (a) IN GENERAL.—Section 8c of the Agricul- duct in a marketing assistance loan made to an be eligible to have such a quota established for tural Adjustment Act (7 U.S.C. 608c), reenacted area marketing association in a marketing area the farm for the 2002 crop of peanuts, in the ab- with amendments by the Agricultural Marketing in the State, such costs as the area marketing sence of the amendment made by subsection (a); Agreement Act of 1937, is amended— association may reasonably incur in carrying or (1) in subsection (2)(A), by inserting out the responsibilities, operations, and activi- (III) is otherwise a farm that was eligible for ‘‘caneberries (including raspberries, black- ties of the association and Commodity Credit such a quota as of the effective date of the berries, and loganberries),’’ after ‘‘other than Corporation under this section. amendments made by this section. pears, olives, grapefruit, cherries,’’; and ‘‘(i) DEFINITION OF COMMINGLE.—In this sec- (ii) SEED OR EXPERIMENTAL PURPOSES.—The (2) in subsection (6)(I), by striking ‘‘toma- tion and section 158H, the term ‘commingle’, Secretary shall apply the definition of ‘‘peanut toes,,’’ and inserting ‘‘tomatoes, caneberries (in- with respect to peanuts, means— quota holder’’ without regard to temporary cluding raspberries, blackberries, and logan- ‘‘(1) the mixing of peanuts produced on dif- leases, transfers, or quotas for seed or experi- berries),’’. ferent farms by the same or different producers; mental purposes. (b) CONFORMING AMENDMENT.—Section 8e(a) or (B) SECRETARY.—The term ‘‘Secretary’’ means of the Agricultural Adjustment Act (7 U.S.C. ‘‘(2) the mixing of peanuts pledged for mar- the Secretary of Agriculture. 608e–l(a)), reenacted with amendments by the keting assistance loans with peanuts that are (2) CONTRACTS.—The Secretary shall offer to Agricultural Marketing Agreement Act of 1937, not pledged for marketing assistance loans, to enter into a contract with peanut quota holders is amended in the first sentence by striking ‘‘or facilitate storage. for the purpose of providing compensation for apples’’ and inserting ‘‘apples, or caneberries ‘‘SEC. 158H. QUALITY IMPROVEMENT. the lost value of quota as a result of the repeal (including raspberries, blackberries, and logan- ‘‘(a) OFFICIAL INSPECTION.— of the marketing quota program for peanuts berries)’’. ‘‘(1) IN GENERAL.—All peanuts placed under a under the amendment made by subsection (a). SEC. 162. RESERVE STOCK LEVEL. marketing assistance loan under section 158G or (3) PAYMENT PERIOD.—Under a contract, the Section 301(b)(14)(C) of the Agricultural Ad- otherwise sold or marketed shall be officially in- Secretary shall make payments to an eligible justment Act of 1938 (7 U.S.C. 1301(b)(14)(C)) is spected and graded by a Federal or State inspec- peanut quota holder for each of fiscal years 2002 amended— tor. through 2006. (1) in clause (i), by striking ‘‘100,000,000’’ and ‘‘(2) ACCOUNTING FOR COMMINGLED PEA- (4) TIME FOR PAYMENT.—The payments re- inserting ‘‘75,000,000’’; and NUTS.—If approved by a majority of historical quired under the contracts shall be provided in (2) in clause (ii), by striking ‘‘15 percent’’ and peanut producers in a State voting in a ref- 5 equal installments not later than September 30 inserting ‘‘10 percent’’. erendum conducted by the Secretary, all pea- of each of fiscal years 2002 through 2006. SEC. 163. FARM RECONSTITUTIONS. nuts stored commingled with peanuts covered by (5) PAYMENT AMOUNT.—The amount of the (a) IN GENERAL.—Section 316(a)(1)(A)(ii) of a marketing assistance loan in the State shall be payment for a fiscal year to a peanut quota the Agricultural Adjustment Act of 1938 (7 graded and exchanged on a dollar value basis, holder under a contract shall be equal to the U.S.C. 1314b(a)(1)(A)(ii)) is amended by adding unless the Secretary determines that the bene- product obtained by multiplying— at the end the following: ‘‘Notwithstanding any ficial interest in the peanuts covered by the (A) $0.11 per pound; by other provision of law, for the 2002 crop only, marketing assistance loan have been transferred (B) the actual farm poundage quota (exclud- the Secretary shall allow special farm recon- to other parties prior to demand for delivery. ing any quantity for seed and experimental pea- stitutions, in lieu of lease and transfer of allot- ‘‘(b) TERMINATION OF PEANUT ADMINISTRA- nuts) established for the farm of a peanut quota ments and quotas, under this section, in accord- TIVE COMMITTEE.—The Peanut Administrative holder under section 358–1(b) of the Agricultural ance with such conditions as are established by Committee established under Marketing Agree- Adjustment Act of 1938 (7 U.S.C. 1358–1(b)) (as the Secretary.’’. ment No. 1436, which regulates the quality of in effect prior to the amendment made by sub- (b) STUDY.— domestically produced peanuts under the Agri- section (a)) for the 2001 marketing year. (1) IN GENERAL.—The Secretary of Agriculture cultural Adjustment Act (7 U.S.C. 601 et seq.), (6) ASSIGNMENT OF PAYMENTS.— shall conduct a study on the effects on the limi- reenacted with amendments by the Agricultural (A) IN GENERAL.—The provisions of section tation on producers to move quota to a farm Marketing Agreement Act of 1937, is terminated. 8(g) of the Soil Conservation and Domestic Al- other than the farm to which the quota was ini- ‘‘(c) ESTABLISHMENT OF PEANUT STANDARDS lotment Act (16 U.S.C. 590h(g)), relating to as- tially assigned under part I of subtitle B of title BOARD.— signment of payments, shall apply to the pay- III of the Agricultural Adjustment Act of 1938 (7 ‘‘(1) IN GENERAL.—The Secretary shall estab- ments made to peanut quota holders under the U.S.C. 1311 et seq.). lish a Peanut Standards Board for the purpose contracts. (2) REPORT.—Not later than 90 days after the of assisting in the establishment of quality (B) NOTICE.—The peanut quota holder mak- date of enactment of this Act, the Secretary standards with respect to peanuts. ing the assignment, or the assignee, shall pro- shall submit to the Committee on Agriculture of ‘‘(2) COMPOSITION.—The Secretary shall ap- vide the Secretary with notice, in such manner the House of Representatives and the Committee point members to the Board that, to the max- as the Secretary may require, of any assignment on Agriculture, Nutrition, and Forestry of the imum extent practicable, reflect all regions and made under this subsection. Senate a report on the results of the study. segments of the peanut industry. (c) CONFORMING AMENDMENTS.— SEC. 164. ADJUSTMENT AUTHORITY RELATED TO ‘‘(3) DUTIES.—The Board shall assist the Sec- (1) ADMINISTRATIVE PROVISIONS.—Section 361 URUGUAY ROUND COMPLIANCE. retary in establishing quality standards for pea- of the Agricultural Adjustment Act of 1938 (7 Section 161 of the Federal Agriculture Im- nuts. U.S.C. 1361) is amended by striking ‘‘peanuts,’’. provement and Reform Act of 1996 (7 U.S.C.

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7281) is amended by adding at the end the fol- shall provide not less than $50,000,000 for each (1) IN GENERAL.—Section 1001 of the Food Se- lowing: fiscal year of the funds made available under curity Act of 1985 (7 U.S.C. 1308) is amended to ‘‘(e) ADJUSTMENT AUTHORITY RELATED TO subsection (a) to the Secretary of Defense to read as follows: URUGUAY ROUND COMPLIANCE.—If the Secretary purchase fresh fruits and vegetables for dis- ‘‘SEC. 1001. PAYMENT LIMITATIONS. determines that expenditures under subtitles A tribution to schools and service institutions in ‘‘(a) DEFINITIONS.—In this section and sec- through D that are subject to the total allowable accordance with section 6(a) of the Richard B. tions 1001A through 1001F: domestic support levels under the Uruguay Russell National School Lunch Act (42 U.S.C. ‘‘(1) BENEFICIAL INTEREST.—The term ‘bene- Round Agreements (as defined in section 2 of 1755(a)) in a manner prescribed by the Secretary ficial interest’ means an interest in an entity the Uruguay Round Agreements Act (19 U.S.C. of Agriculture. that is at least— 3501)), as in effect on the date of enactment of ‘‘(d) PURCHASES FOR EMERGENCY FOOD AS- ‘‘(A) 10 percent; or this subsection, will exceed the allowable levels SISTANCE PROGRAM.—The Secretary shall use ‘‘(B) a lower percentage, which the Secretary for any applicable reporting period, the Sec- not less than $40,000,000 for each fiscal year of shall establish, on a case-by-case basis, as need- retary may make adjustments in the amount of the funds made available under subsection (a) ed to achieve the purposes of this section and the expenditures to ensure that the expenditures to purchase agricultural commodities for dis- sections 1001A through 1001F, including effec- do not exceed, but are not less than, the allow- tribution under the Emergency Food Assistance tive implementation of section 1001A(b). able levels. Act of 1983 (7 U.S.C. 7501 et seq.).’’. ‘‘(2) COUNTER-CYCLICAL PAYMENT.—The term ‘‘(f) EXPENDITURE LIMITATION.—If the Sec- (b) SENSE OF THE SENATE CONCERNING PUR- ‘counter-cyclical payment’ means a payment retary makes a determination under subsection CHASES OF CRANBERRIES.— made under section 114 or 158D of the Federal (e) that expenditures will exceed allowable levels (1) FINDINGS.—Congress finds that— Agriculture Improvement and Reform Act of for any applicable reporting period and notifies (A) the price per hundred pounds of cran- 1996. berries has dropped from approximately $70 to Congress of the Secretary’s intent to make ad- ‘‘(3) DIRECT PAYMENT.—The term ‘direct pay- justments to ensure that expenditures do not ex- approximately $10; ment’ means a payment made under section 113 ceed allowable levels, no expenditures under (B) the cost of producing cranberries is be- or 158C of the Federal Agriculture Improvement any program proposed to be adjusted by the Sec- tween $30 and $35 per hundred pounds, which is and Reform Act of 1996. much more than the price per hundred pounds retary may be made after the date that is 18 ‘‘(4) ENTITY.— of cranberries for each of the past 2 years; months after the date of the determination, un- ‘‘(A) IN GENERAL.—The term ‘entity’ means— (C) there is a serious economic crisis among less a joint resolution disapproving the adjust- ‘‘(i) an entity that (subject to the requirements cranberry growers in the United States, espe- ments is enacted by both Houses of Congress of this section and section 1001A) is eligible to cially in the States of Wisconsin, Massachusetts, within 60 days of the date of the notification. receive a payment under subsection (b) or (c); and New Jersey; ‘‘(g) ANNUAL REPORT ON DOMESTIC SUP- ‘‘(ii) a corporation, joint stock company, asso- (D) the Cranberry Marketing Committee has PORT.—Not later than April 30 of each year, the ciation, limited partnership, charitable organi- issued 2 marketing orders, but the marketing or- Secretary shall submit to the Committee on Agri- zation, a grantor of a revocable trust, or other ders have not led to higher prices; culture of the House of Representatives and the similar entity (as determined by the Secretary); (E) although Congress directed the Secretary Committee on Agriculture, Nutrition, and For- and of Agriculture to use $30,000,000 to purchase estry of the Senate a report that describes— ‘‘(iii) an entity that is participating in a farm- cranberries in fiscal year 2001, the price of cran- ‘‘(1) estimated levels of domestic support for ing operation as a partner in a general partner- berries has not risen significantly; and agricultural commodities during the current ship or as a participant in a joint venture. (F) the cranberry industry faces a surplus of marketing year and the following marketing ‘‘(B) EXCLUSION.—Except in section 1001F, the cranberries and continuing low prices for cran- year; term ‘entity’ does not include an entity that is berries. ‘‘(2) the manner in which the Secretary in- a general partnership or joint venture. (2) SENSE OF THE SENATE.—It is the sense of tends to notify the World Trade Organization of ‘‘(5) INDIVIDUAL.—The term ‘individual’ the Senate that the Secretary of Agriculture the estimated levels; and means— should attempt to alleviate the economic crisis ‘‘(3) proposed changes to domestic support ‘‘(A) a natural person, and minor children of among cranberry growers by continuing to ex- programs subject to reduction commitments the natural person (as determined by the Sec- pend for each fiscal year for the purchase of made in the context of WTO trade negotia- retary), that (subject to the requirements of this cranberries the same amount as the Secretary tions.’’. section and section 1001A) is eligible to receive a expended for fiscal year 2001. SEC. 165. SUSPENSION OF PERMANENT PRICE payment under subsection (b) or (c); and SUPPORT AUTHORITY. SEC. 167. HARD WHITE WHEAT INCENTIVE PAY- ‘‘(B) an individual participating in a farming MENTS. Section 171 of the Federal Agriculture Im- operation as a partner in a general partnership, Section 193 of the Federal Agriculture Im- provement and Reform Act of 1996 (7 U.S.C. a participant in a joint venture, a grantor of a provement and Reform Act of 1996 (7 U.S.C. 7301) is amended— revocable trust, or a participant in a similar en- 1508) is amended to read as follows: (1) by striking ‘‘2002’’ each place it appears tity (as determined by the Secretary). and inserting ‘‘2006’’; and ‘‘SEC. 193. HARD WHITE WHEAT INCENTIVE PAY- ‘‘(6) LOAN COMMODITY.—The term ‘loan com- (2) in subsection (a)(1)— MENTS. modity’ has the meaning given the term in sec- (A) by striking subparagraph (E); and ‘‘(a) IN GENERAL.—For the period of crop tion 102 of the Federal Agriculture Improvement (B) by redesignating subparagraphs (F) years 2003 through 2005, the Secretary shall use and Reform Act of 1996. $40,000,000 of funds of the Commodity Credit through (I) as subparagraphs (E) through (H), ‘‘(7) SECRETARY.—The term ‘Secretary’ means respectively. Corporation to provide incentive payments to the Secretary of Agriculture. producers of hard white wheat to ensure that SEC. 166. COMMODITY PURCHASES. ‘‘(b) LIMITATIONS ON DIRECT AND COUNTER- hard white wheat, produced on a total of not (a) IN GENERAL.—Section 191 of the Federal CYCLICAL PAYMENTS.—Subject to subsections (d) Agriculture Improvement and Reform Act of more than 2,000,000 acres, meets minimum qual- through (i), the total amount of direct payments 1996 (7 U.S.C. 7331 et seq.) is amended to read as ity standards established by the Secretary. and counter-cyclical payments that an indi- follows: ‘‘(b) APPLICATION.—The amounts payable to vidual or entity may receive, directly or indi- producers in the form of payments under this ‘‘SEC. 191. COMMODITY PURCHASES. rectly, during any fiscal year shall not exceed section shall be determined through the submis- ‘‘(a) IN GENERAL.—To purchase agricultural $75,000. sion of bids by producers in such manner as the commodities under this section, the Secretary ‘‘(c) LIMITATIONS ON MARKETING LOAN GAINS, Secretary may prescribe. shall use funds of the Commodity Credit Cor- LOAN DEFICIENCY PAYMENTS, AND COMMODITY ‘‘(c) DEMAND FOR WHEAT.—To be eligible to poration in an amount equal to— CERTIFICATE TRANSACTIONS.— obtain a payment under this section, a producer ‘‘(1) for each of fiscal years 2002 and 2003, ‘‘(1) IN GENERAL.—Subject to subsections (d) shall demonstrate to the Secretary the avail- $130,000,000, of which not less than $100,000,000 through (i), the total amount of the payments ability of buyers and end-users for the wheat shall be used for the purchase of specialty crops; and benefits described in paragraph (2) that an that is the covered by the payment.’’. ‘‘(2) for fiscal year 2004, $150,000,000, of which individual or entity may receive, directly or in- not less than $120,000,000 shall be used for the SEC. 168. LIVESTOCK ASSISTANCE PROGRAM. directly, during any crop year shall not exceed purchase of specialty crops; Section 194 of the Federal Agriculture Im- $150,000. ‘‘(3) for fiscal year 2005, $170,000,000, of which provement and Reform Act of 1996 (7 U.S.C. ‘‘(2) PAYMENTS AND BENEFITS.—Paragraph (1) not less than $140,000,000 shall be used for the 6933) is amended to read as follows: shall apply to the following payments and bene- purchase of specialty crops; ‘‘SEC. 194. LIVESTOCK ASSISTANCE PROGRAM. fits: ‘‘(4) for fiscal year 2006, $200,000,000, of which ‘‘(a) IN GENERAL.—The Secretary shall carry ‘‘(A) MARKETING LOAN GAINS.— not less than $170,000,000 shall be used for the out a program to provide livestock feed assist- ‘‘(i) REPAYMENT GAINS.—Any gain realized by purchase of specialty crops; and ance to livestock producers affected by disasters. a producer from repaying a marketing assist- ‘‘(5) for fiscal year 2007, $0. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ance loan under section 131 or 158G(a) of the ‘‘(b) OTHER PURCHASES.—The Secretary shall There are authorized to be appropriated to carry Federal Agriculture Improvement and Reform ensure that purchases of agricultural commod- out this section $500,000,000 for each of fiscal Act of 1996 for a crop of any loan commodity or ities under this section are in addition to pur- years 2003 through 2008.’’. peanuts, respectively, at a lower level than the chases by the Secretary under any other law. SEC. 169. PAYMENT LIMITATIONS; NUTRITION original loan rate established for the loan com- ‘‘(c) PURCHASES BY DEPARTMENT OF DEFENSE AND COMMODITY PROGRAMS. modity or peanuts under section 132 or 158G(d) FOR SCHOOL LUNCH PROGRAM.—The Secretary (a) PAYMENT LIMITATIONS.— of that Act, respectively.

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‘‘(ii) FORFEITURE GAINS.—In the case of settle- separate persons;’’ and inserting ‘‘substantive ‘‘(ii) onsite services that are directly related ment of a marketing assistance loan under sec- change;’’; and necessary to the farming operation. tion 131 or 158G(a) of that Act for a crop of any (B) by striking ‘‘(a) PREVENTION’’ and all that ‘‘(F) SIGNIFICANT CONTRIBUTION OF PERSONAL loan commodity or peanuts, respectively, by for- follows through the end of paragraph (2) and LABOR OR ACTIVE PERSONAL MANAGEMENT.— feiture, the amount by which the loan amount inserting the following: ‘‘(i) IN GENERAL.—For an individual to be con- exceeds the repayment amount for the loan if ‘‘(a) SUBSTANTIVE CHANGE.— sidered to be providing a significant contribu- the loan had been settled by repayment instead ‘‘(1) IN GENERAL.—The Secretary may not ap- tion of personal labor or active personal man- of forfeiture. prove (for purposes of the application of the lim- agement under this paragraph on behalf of the ‘‘(B) LOAN DEFICIENCY PAYMENTS.—Any loan itations under this section) any change in a individual or entity, the total contribution of deficiency payment received for a loan com- farming operation that otherwise will increase personal labor and active personal management modity or peanuts under section 135 or 158G(e) the number of individuals or entities to which shall be at least equal to the lesser of— of that Act, respectively. the limitations under this section are applied ‘‘(I) 1,000 hours annually; or ‘‘(C) COMMODITY CERTIFICATES.—Any gain re- unless the Secretary determines that the change ‘‘(II) 50 percent of the commensurate share of alized from the use of a commodity certificate is bona fide and substantive. the total number of hours of personal labor and issued by the Commodity Credit Corporation, as ‘‘(2) FAMILY MEMBERS.—For the purpose of active personal management required to conduct determined by the Secretary, including the use paragraph (1), the addition of a family member the farming operation. of a certificate for the settlement of a marketing to a farming operation under the criteria estab- ‘‘(ii) MINIMUM NUMBER OF LABOR HOURS.—For assistance loan made under section 131 or lished under subsection (b)(3)(B) shall be con- the purpose of clause (i), the minimum number 158G(a) of that Act. sidered a bona fide and substantive change in of labor hours required to produce each com- ‘‘(d) SETTLEMENT OF CERTAIN LOANS.—Not- the farming operation.’’; modity shall be equal to the number of hours withstanding subtitle C and section 158G of the (C) in the first sentence of paragraph (3)— that would be necessary to conduct a farming Federal Agriculture Improvement and Reform (i) by striking ‘‘as a separate person’’; and operation for the production of each commodity Act of 1996, if the amount of payments and ben- (ii) by inserting ‘‘, as determined by the Sec- that is comparable in size to an individual or efits described in subsection (c)(2) attributed di- retary’’ before the period at the end; and entity’s commensurate share in the farming op- rectly or indirectly to an individual or entity for (D) by striking paragraph (4). eration for the production of the commodity, a crop year reaches the limitation described in (3) ACTIVELY ENGAGED IN FARMING.—Section based on the minimum number of hours per acre subsection (c)(1)— 1001A(b) of the Food Security Act of 1985 (7 required to produce the commodity in the State ‘‘(1) the portion of any unsettled marketing U.S.C. 1308–1(b)) is amended— where the farming operation is located, as deter- assistance loan made under section 131 or (A) by striking paragraph (1) and inserting mined by the Secretary.’’; 158G(a) of that Act attributed directly or indi- the following: (C) in paragraph (3)— rectly to the individual or entity shall be settled ‘‘(1) IN GENERAL.—To be eligible to receive, di- (i) by striking subparagraph (A) and inserting through the repayment of the total loan prin- rectly or indirectly, payments or benefits (as de- the following: cipal, plus applicable interest; and scribed in subsections (b) and (c) of section 1001 ‘‘(A) LANDOWNERS.—An individual or entity ‘‘(2) the Secretary may refuse to provide to the as being subject to limitation) with respect to a that is a landowner contributing the owned producer for the crop year any additional mar- particular farming operation an individual or land and that meets the standard provided in keting assistance loans under section 131 or entity shall be actively engaged in farming with clauses (ii) and (iii) of paragraph (2)(A), if— 158G(a) of that Act. respect to the operation, as provided under ‘‘(i) the landowner share rents the land; ‘‘(e) PAYMENTS TO INDIVIDUALS AND ENTI- paragraphs (2), (3), and (4).’’; ‘‘(ii) the tenant is actively engaged in farm- TIES.— (B) in paragraph (2)— ing; and ‘‘(1) INTERESTS WITHIN THE SAME ENTITY.—All (i) in subparagraph (A)(i), by striking sub- ‘‘(iii) the share received by the landowner is individuals or entities that are owners of an en- clause (II) and inserting the following: commensurate with the share of the crop or in- tity, including shareholders, may not collec- ‘‘(II) personal labor and active personal man- come received as rent; or tively receive payments directly or indirectly agement (in accordance with subparagraph ‘‘(iv)(I) the landowner makes a significant that are attributable to the ownership interests (F));’’; contribution of active personal management; in the entity for a fiscal or corresponding crop (ii) by striking subparagraph (B) and insert- ‘‘(II) the landowner formerly made a signifi- year that exceed the limitations established ing the following: cant contribution of personal labor or active under subsections (b) and (c). ‘‘(B) ENTITIES.—An entity (as defined in sec- personal management on the land for which ‘‘(2) ALL INTERESTS OF AN INDIVIDUAL OR ENTI- tion 1001(a)) shall be considered as actively en- payments are received and ceased to make the TY.—An individual or entity may not receive, di- gaged in farming with respect to a farming oper- contribution as a result of a disability, as deter- rectly or indirectly, through all ownership inter- ation if— ests of the individual or entity from all sources, mined by the Secretary; or ‘‘(i) the entity separately makes a significant ‘‘(III) the landowner or spouse of the land- payments for a fiscal or corresponding crop year contribution (based on the total value of the owner formerly made a significant contribution that exceed the limitations established under farming operation) of capital, equipment, or of personal labor or active personal management subsections (b) and (c). land; ‘‘(f) MARRIED COUPLES.—During a fiscal and on the land for which payments are received ‘‘(ii)(I) the stockholders or members that col- corresponding crop year, the total amount of and ceased to make the contribution as a result lectively own at least 50 percent of the combined payments and benefits described in subsections of death or retirement, and 1 or more family beneficial interest in the entity make a signifi- (b) and (c) that a married couple may receive di- members of the landowner currently make a sig- cant contribution of personal labor or active rectly or indirectly may not exceed— nificant contribution of personal labor or active ‘‘(1) the limits described in subsections (b) and personal management to the operation; or personal management on the land.’’; and ‘‘(II) in the case of a corporation or entity in (c); plus (ii) in subparagraph (B), by striking ‘‘per- ‘‘(2) if each spouse meets the other require- which all of the beneficial interests are held by sons’’ and inserting ‘‘individuals and entities’’; ments established under this section and section family members (as defined in paragraph and 1001A, a combined total of an additional $50,000. (3)(B))— (D) in paragraph (4)— ‘‘(g) PUBLIC SCHOOLS.—The provisions of this ‘‘(aa) any stockholder (or household com- (i) in the paragraph heading, by striking section that limit payments to any individual or prised of a stockholder and the spouse of the ‘‘PERSONS’’ and inserting ‘‘INDIVIDUALS AND EN- entity shall not be applicable to land owned by stockholder) who owns at least 10 percent of the TITIES’’; a public school district or land owned by a State beneficial interest and makes a significant con- (ii) in the matter preceding subparagraph (A), that is used to maintain a public school. tribution of personal labor or active personal by striking ‘‘persons’’ and inserting ‘‘individ- ‘‘(h) TIME LIMITS.—The Secretary shall pro- management; or uals and entities’’; and mulgate regulations that establish time limits for ‘‘(bb) any combination of stockholders who (iii) in subparagraph (B)— the various steps involved with notice, hearing, collectively own at least 10 percent of the bene- (I) in the subparagraph heading, by striking decision, and the appeals procedure in order to ficial interest and makes a significant contribu- ‘‘PERSONS’’ and inserting ‘‘INDIVIDUALS AND EN- ensure expeditious handling and settlement of tion of personal labor or active personal man- TITIES’’; and payment limitation disputes. agement; and (II) by striking ‘‘person, or class of persons’’ ‘‘(i) GOOD FAITH RELIANCE.—Notwithstanding ‘‘(iii) the standards provided in clauses (ii) and inserting ‘‘individual or entity, or class of any other provision of law, an action taken by and (iii) of subparagraph (A), as applied to the individuals or entities’’; an individual or other entity in good faith on entity, are met by the entity.’’; and (E) in paragraph (5)— action or advice of an authorized representative (iii) by adding at the end the following: (i) by striking ‘‘A person’’ and inserting ‘‘An of the Secretary may be accepted as meeting the ‘‘(E) ACTIVE PERSONAL MANAGEMENT.—For an individual or entity’’; and requirements of this section or section 1001A, to individual to be considered to be providing ac- (ii) by striking ‘‘such person’’ and inserting the extent the Secretary determines it is desir- tive personal management under this paragraph ‘‘the individual or entity’’; and able in order to provide fair and equitable treat- on behalf of the individual or entity, the man- (F) in paragraph (6), by striking ‘‘a person’’ ment.’’. agement provided by the individual shall be per- and inserting ‘‘an individual or entity’’. (2) SUBSTANTIVE CHANGE.—Section 1001A(a) of sonally provided on a regular, substantial, and (4) ADMINISTRATION.—Section 1001A of the the Food Security Act of 1985 (7 U.S.C. 1308– continuous basis through the direct supervision Food Security Act of 1985 (7 U.S.C. 1308–1) is 1(a)) is amended— and direction of— amended by adding at the end the following: (A) in the section heading, by striking ‘‘pre- ‘‘(i) activities and labor involved in the farm- ‘‘(c) ADMINISTRATION.— vention of creation of entities to qualify as ing operation; and ‘‘(1) REVIEWS.—

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‘‘(A) IN GENERAL.—During each of fiscal years ‘‘(A) IN GENERAL.—The term ‘average adjusted ‘‘(v) 9 percent for each of fiscal years 2010 and 2002 through 2006, the Office of Inspector Gen- gross income’ means the average adjusted gross 2011. eral for the Department of Agriculture shall income of an individual or entity for each of the ‘‘(E) MINIMUM DEDUCTION.—The minimum de- conduct a review of the administration of the re- 3 preceding taxable years. duction shall be $134, $229, $189, $269, and $118 quirements of this section and sections 1001, ‘‘(B) EFFECTIVE ADJUSTED GROSS INCOME.—In for the 48 contiguous States and the District of 1001B, 1001C, and 1001E in at least 6 States. the case of an individual or entity that does not Columbia, Alaska, Hawaii, Guam, and the Vir- ‘‘(B) MINIMUM NUMBER OF COUNTIES.—Each have an adjusted gross income for each of the 3 gin Islands of the United States, respectively.’’. State review described in subparagraph (A) preceding taxable years, the Secretary shall es- (2) EXCESS SHELTER EXPENSE DEDUCTION.— shall cover at least 5 counties in the State. tablish rules that provide the individual or enti- (A) IN GENERAL.—Section 5(e)(7)(B) of the ‘‘(C) REPORT.—Not later than 90 days after ty with an effective adjusted gross income for Food Stamp Act of 1977 (7 U.S.C. 2014(e)(7)(B)) completing a review described in subparagraph the applicable year. is amended— (A), the Inspector General for the Department of ‘‘(b) LIMITATION.—Notwithstanding any other (i) in clause (v), by striking ‘‘and’’ at the end; Agriculture shall issue a final report to the Sec- provision of title I of the Federal Agriculture and retary of the findings of the Inspector General. Improvement and Reform Act of 1996 (7 U.S.C. (ii) by striking clause (vi) and inserting the ‘‘(2) EFFECT OF REPORT.—If a report issued 7201 et seq.), an individual or entity shall not be following: under paragraph (1) reveals that significant eligible for a payment or benefit described in ‘‘(vi) for fiscal year 2002, $354, $566, $477, $416, problems exist in the implementation of payment subsection (b) or (c) of section 1001 if the aver- and $279 per month, respectively; limitation requirements of this section and sec- age adjusted gross income of the individual or ‘‘(vii) for fiscal year 2003, $390, $624, $526, tions 1001, 1001B, 1001C, and 1001E in a State entity exceeds $2,500,000. $458, and $307 per month, respectively; and and the Secretary agrees that the problems exist, ‘‘(c) CERTIFICATION.—To comply with the limi- ‘‘(viii) for fiscal years 2004 and each fiscal the Secretary— tation under subsection (b), an individual or en- year thereafter, the applicable amount for the ‘‘(A) shall initiate a training program regard- tity shall provide to the Secretary— preceding fiscal year, as adjusted to reflect ing the payment limitation requirements; and ‘‘(1) a certification by a certified public ac- changes for the 12-month period ending the pre- ‘‘(B) may require that all payment limitation countant or another third party that is accept- ceding November 30 in the Consumer Price Index determinations regarding farming operations in able to the Secretary that the average adjusted for All Urban Consumers published by the Bu- the State be issued from the headquarters of the gross income of the individual or entity does not reau of Labor Statistics of the Department of Farm Service Agency.’’. exceed $2,500,000; or Labor.’’. (5) SCHEME OR DEVICE.—Section 1001B of the ‘‘(2) information and documentation regard- (B) PROSPECTIVE AMENDMENTS.—Effective Oc- Food Security Act of 1985 (7 U.S.C. 1308–2) is ing the adjusted gross income of the individual tober 1, 2009, section 5(e)(7) of the Food Stamp amended— or entity through other procedures established Act of 1977 (7 U.S.C. 2014(e)(7)) is amended— (A) by striking ‘‘person’’ each place it appears by the Secretary. (i) by striking subparagraph (B); and and inserting ‘‘individual or entity’’; and ‘‘(d) COMMENSURATE REDUCTION.—In the case (ii) by redesignating subparagraph (C) as sub- (B) by striking ‘‘paragraphs (1) and (2)’’ and of a payment or benefit made in a fiscal year or paragraph (B). inserting ‘‘subsections (b) and (c)’’. corresponding crop year to an entity that has (3) PARTICIPANT EXPENSES.—Section (6) FOREIGN INDIVIDUALS AND ENTITIES.—Sec- an average adjusted gross income of $2,500,000 6(d)(4)(I)(i)(I) of the Food Stamp Act of 1977 (7 tion 1001C(b) of the Food Security Act of 1985 (7 or less, the payment shall be reduced by an U.S.C. 2015(d)(4)(I)(i)(I)) is amended by striking U.S.C. 1308–3(b)) is amended in the first sen- amount that is commensurate with the direct ‘‘, except that the State agency may limit such tence by striking ‘‘considered a person that is’’. and indirect ownership interest in the entity of reimbursement to each participant to $25 per (7) EDUCATION PROGRAM.—Section 1001D(c) of each individual who has an average adjusted month’’. the Food Security Act of 1985 (7 U.S.C. 1308– gross income in excess of $2,500,000 for that fis- (4) FEDERAL REIMBURSEMENT.—Section 4(c)) is amended by striking ‘‘5 persons’’ and in- cal year or corresponding crop year. 16(h)(3) of the Food Stamp Act of 1977 (7 U.S.C. serting ‘‘5 individuals or entities’’. ‘‘(e) GENERAL PARTNERSHIPS AND JOINT VEN- 2025(h)(3)) is amended by striking ‘‘such total (8) REPORT TO CONGRESS.—No later than 180 TURES.—For purposes of this section, a general amount shall not exceed an amount rep- days after the date of enactment of this Act, the partnership or joint venture shall be considered resenting $25 per participant per month for costs Secretary of Agriculture shall provide a report an entity.’’. of transportation and other actual costs (other to the Committee on Agriculture of the House of (c) FOOD STAMP PROGRAM.— than dependent care costs) and’’ and inserting Representatives and the Committee on Agri- (1) INCREASE IN BENEFITS TO HOUSEHOLDS ‘‘the amount of the reimbursement for depend- culture, Nutrition, and Forestry of the Senate WITH CHILDREN.—Section 5(e) of the Food Stamp ent care expenses shall not exceed’’. that describes— Act of 1977 (7 U.S.C. 2014(e)) is amended by (5) EFFECTIVENESS OF CERTAIN PROVISIONS.— (A) how State and county office employees are striking paragraph (1) and inserting the fol- Section 413 and subsections (c) and (d) of sec- trained regarding the payment limitation re- lowing: tion 434, and the amendments made by section quirements of section 1001 through 1001E of the ‘‘(1) STANDARD DEDUCTION.— 413 and subsections (c) and (d) of section 434, Food Security Act of 1985 (7 U.S.C. 1308 through ‘‘(A) IN GENERAL.—Subject to the other provi- shall have no effect. 1308–5); sions of this paragraph, the Secretary shall (d) LOAN DEFICIENCY PAYMENTS.— (B) the general procedures used by State and allow for each household a standard deduction (1) ELIGIBILITY.—Section 135 of the Federal county office employees to identify potential that is equal to the greater of— Agriculture Improvement and Reform Act of violations of the payment limitation require- ‘‘(i) the applicable percentage specified in sub- 1996 (7 U.S.C. 7235) (as amended by section ments; paragraph (D) of the applicable income stand- 126(1)) is amended by striking subsection (a) and (C) the requirements for State and county of- ard of eligibility established under subsection inserting the following: fice employees to report serious violations of the (c)(1); or ‘‘(a) IN GENERAL.—The Secretary may make payment limitation requirements, including vio- ‘‘(ii) the minimum deduction specified in sub- loan deficiency payments available to— lations of section 1001B of that Act to the coun- paragraph (E). ‘‘(1) producers on a farm that, although eligi- ty committee, higher level officials of the Farm ‘‘(B) GUAM.—The Secretary shall allow for ble to obtain a marketing assistance loan under Service Agency, and to the Office of Inspector each household in Guam a standard deduction section 131 with respect to a loan commodity, General; and that is— agree to forgo obtaining the loan for the covered (D) the sanctions imposed against State and ‘‘(i) equal to the applicable percentage speci- commodity in return for payments under this county office employees who fail to report or in- fied in subparagraph (D) of twice the income section; and vestigate potential violations of the payment standard of eligibility established under sub- ‘‘(2) effective only for the 2000 and 2001 crop limitation requirements. section (c)(1) for the 48 contiguous States and years, producers that, although not eligible to (b) ADJUSTED GROSS INCOME LIMITATION.— the District of Columbia; but obtain such a marketing assistance loan under The Food Security Act of 1985 is amended by in- ‘‘(ii) not less than the minimum deduction for section 131, produce a loan commodity.’’. serting after section 1001E (7 U.S.C. 1308–5) the Guam specified in subparagraph (E). (2) BENEFICIAL INTEREST.—Section 135(e)(1) of following: ‘‘(C) HOUSEHOLDS OF 6 OR MORE MEMBERS.— the Federal Agriculture Improvement and Re- ‘‘SEC. 1001F. ADJUSTED GROSS INCOME LIMITA- The income standard of eligibility established form Act of 1996 (7 U.S.C. 7235(e)) (as amended TION. under subsection (c)(1) for a household of 6 by section 126(2)) is amended by striking ‘‘A pro- ‘‘(a) DEFINITIONS.—In this section: members shall be used to calculate the standard ducer’’ and inserting ‘‘Effective for the 2001 ‘‘(1) ADJUSTED GROSS INCOME.—The term ‘ad- deduction for each household of 6 or more mem- through 2006 crops, a producer’’. justed gross income’ means adjusted gross in- bers. (e) LOAN AUTHORIZATION LEVELS.—Section come of an individual or entity— ‘‘(D) APPLICABLE PERCENTAGE.—For the pur- 346(b) of the Consolidated Farm and Rural De- ‘‘(A) as defined in section 62 of the Internal pose of subparagraph (A), the applicable per- velopment Act (7 U.S.C. 1994(b)) (as amended by Revenue Code of 1986 and implemented in ac- centage shall be— section 529(1)(A)) is amended by striking para- cordance with procedures established by the ‘‘(i) 8 percent for each of fiscal years 2002 graph (1) and inserting the following: Secretary; and through 2004; ‘‘(1) IN GENERAL.—The Secretary may make or ‘‘(B) that is earned directly or indirectly from ‘‘(ii) 8.25 percent for each of fiscal years 2005 guarantee loans under subtitles A and B from all agricultural and nonagricultural sources of and 2006; the Agricultural Credit Insurance Fund pro- an individual or entity for a fiscal or cor- ‘‘(iii) 8.5 percent for each of fiscal years 2007 vided for in section 309 for not more than responding crop year. and 2008; $3,796,000,000 for each of fiscal years 2002 ‘‘(2) AVERAGE ADJUSTED GROSS INCOME.— ‘‘(iv) 8.75 percent for fiscal year 2009; and through 2006, of which, for each fiscal year—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.003 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1025

‘‘(A) $770,000,000 shall be for direct loans, of (i) EFFECTIVE DATE.—This section and the that is under the jurisdiction of an Indian tribe which— amendments made by this section take effect 1 (as defined in section 4 of the Indian Self-Deter- ‘‘(i) $205,000,000 shall be for farm ownership day after the date of enactment of this Act. mination and Education Assistance Act (25 loans under subtitle A; and SEC. 170. RESTRICTION OF COMMODITY AND U.S.C. 450b)) shall be considered planted to an ‘‘(ii) $565,000,000 shall be for operating loans CROP INSURANCE PAYMENTS, agricultural commodity if— under subtitle B; and LOANS, AND BENEFITS TO PRE- ‘‘(1) the land is planted to an agricultural ‘‘(B) $3,026,000,000 shall be for guaranteed VIOUSLY CROPPED LAND; FOOD commodity after the date of enactment of this loans, of which— STAMP PROGRAM FOR CERTAIN subsection as part of an irrigation project that— ‘‘(i) $1,000,000,000 shall be for guarantees of QUALIFIED ALIENS. ‘‘(A) is authorized by the Bureau of Reclama- farm ownership loans under subtitle A; and (a) RESTRICTION OF COMMODITY AND CROP IN- tion or the Bureau of Indian Affairs; and ‘‘(ii) $2,026,000,000 shall be for guarantees of SURANCE PAYMENTS, LOANS, AND BENEFITS TO ‘‘(B) is under construction prior to the date of operating loans under subtitle B.’’. PREVIOUSLY CROPPED LAND.—Section 194 of the enactment of this subsection; or (f) BEGINNING FARMER AND RANCHER DEVEL- Federal Agriculture Improvement and Reform ‘‘(2) the land becomes available for planting OPMENT PROGRAM.—In addition to funds made Act of 1996 (Public Law 104–127; 110 Stat. 945) is because of a settlement or statutory authoriza- available under the Agriculture, Rural Develop- amended to read as follows: tion of a water rights claim by an Indian tribe ment, Food and Drug Administration, and Re- ‘‘SEC. 194. RESTRICTION OF COMMODITY AND after the date of enactment of this subsection.’’. lated Agencies Appropriations Act, 2002 (Public CROP INSURANCE PAYMENTS, (b) PARTIAL RESTORATION OF BENEFITS TO Law 107–76), the Secretary of Agriculture shall LOANS, AND BENEFITS TO PRE- LEGAL IMMIGRANTS.—Section 403(c)(2)(L) of the use $5,000,000 of funds of the Commodity Credit VIOUSLY CROPPED LAND. Personal Responsibility and Work Opportunity Corporation for fiscal year 2002 to make loans ‘‘(a) DEFINITIONS.—In this section: Reconciliation Act of 1996 (8 U.S.C. described in section 346(b)(2)(A)(i) of the Con- ‘‘(1) AGRICULTURAL COMMODITY.—The term 1613(c)(2)(L)) (as amended by section solidated Farm and Rural Development Act (7 ‘agricultural commodity’ has the meaning given 452(a)(2)(A)) is amended by inserting ‘‘provided U.S.C. 1994(b)(2)(A)(i)). the term in section 102 of the Agricultural Trade to individuals under the age of 18’’ after ‘‘bene- (g) INITIATIVE FOR FUTURE AGRICULTURE AND Act of 1978 (7 U.S.C. 5602). fits’’. FOOD SYSTEMS.—Section 401(b)(1) of the Agri- ‘‘(2) EXCLUSIONS.—The term ‘agricultural (c) FOOD STAMP EXCEPTION FOR CERTAIN cultural Research, Extension, and Education commodity’ does not include forage, livestock, QUALIFIED ALIENS.— Reform Act of 1998 (7 U.S.C. 7621(b)(1)) (as timber, forest products, or hay. (1) IN GENERAL.—Section 402(a)(2) of the Per- amended by section 741) is amended— ‘‘(3) IN GENERAL.—The term ‘considered plant- sonal Responsibility and Work Opportunity (1) in subparagraph (A), by striking ed’ shall include cropland that has been pre- Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) ‘‘$120,000,000’’ and inserting ‘‘$130,000,000’’; and vented from being planted at least 8 out of the (as amended by section 452(c)(2)) is amended by (2) in subparagraph (B), by striking past 10 years due to disaster related conditions adding at the end the following: ‘‘$145,000,000’’ and inserting ‘‘$225,000,000’’. as determined by the Secretary. ‘‘(M) FOOD STAMP EXCEPTION FOR CERTAIN (h) SPECIALTY CROP INSURANCE INITIATIVE.— ‘‘(b) COMMODITIES.— QUALIFIED ALIENS.— (1) RESEARCH AND DEVELOPMENT FUNDING.— ‘‘(1) IN GENERAL.—Notwithstanding any other ‘‘(i) With respect to eligibility for benefits for Section 522(e) of the Federal Crop Insurance Act provision of this title, except as provided in the specified Federal program described in para- (7 U.S.C. 1522(e)) is amended by striking para- paragraph (2), the Secretary shall not provide a graph (3)(B), paragraph (1) shall not apply, graph (1) and inserting the following: crop payment, crop loan, or other crop benefit subject to the exclusion in clause (ii), to any in- ‘‘(1) REIMBURSEMENTS.—Of the amounts made under this title to an owner or producer, with dividual who has continuously resided in the available from the insurance fund established respect to an agricultural commodity produced United States as a qualified alien for a period of under section 516(c), the Corporation may use to on land during a crop year unless the land has 5 years or more beginning on the date on which provide reimbursements under subsection (b) not been planted, considered planted, or devoted to the qualified alien entered the United States. more than— an agricultural commodity during— ‘‘(A) $32,000,000 for fiscal year 2002; ‘‘(ii) No alien who enters the country illegally ‘‘(A) at least 1 of the 5 crop years preceding and remains in the United States illegally for a ‘‘(B) $27,500,000 for each of fiscal years 2003 the 2002 crop year; or and 2004; period of one year or longer or has been in the ‘‘(B) at least 3 of the 10 crop years preceding United States as an illegal alien for a period of ‘‘(C) $25,000,000 for each of fiscal years 2005 the 2002 crop year. and 2006; and one year or longer, regardless of their status ‘‘(2) CROP ROTATION.—Paragraph (1) shall not ‘‘(D) $15,000,000 for fiscal year 2007 and each upon entering the country or their current sta- apply to an owner or producer, with respect to subsequent fiscal year.’’. tus as a qualified alien, shall be eligible under any agricultural commodity planted or consid- (2) EDUCATION AND INFORMATION FUNDING.— clause (i) for benefits for the specified Federal ered planted, on land if the land— Section 524(a)(4) of the Federal Crop Insurance program described in paragraph (3)(B). ‘‘(A) has been planted, considered planted, or Act (7 U.S.C. 1524(a)(4)) is amended by striking ‘‘(iii) Clause (ii) shall not apply to a qualified devoted to an agricultural commodity during at subparagraph (A) and inserting the following: alien who has continuously resided in the ‘‘(A) for the education and information pro- least 1 of the 20 crop years preceding the 2002 United States for a period of 5 years or more as gram established under paragraph (2)— crop year; and of the date of enactment of this Act.’’. ‘‘(i) $10,000,000 for fiscal year 2003; ‘‘(B) has been maintained, and will continue (2) EFFECTIVE DATE.—The amendment made ‘‘(ii) $13,000,000 for fiscal year 2004; to be maintained, using long-term crop rotation by paragraph (1) takes effect on April 1, 2003. ‘‘(iii) $15,000,000 for each of fiscal years 2005 practices, as determined by the Secretary. SEC. 171. REDUCTION OF COMMODITY BENEFITS and 2006; and ‘‘(c) CROP INSURANCE.—Notwithstanding any TO IMPROVE NUTRITION ASSIST- ‘‘(iv) $5,000,000 for fiscal year 2007 and each provision of the Federal Crop Insurance Act (7 ANCE. subsequent fiscal year; and’’. U.S.C. 1501 et seq.), the Federal Crop Insurance (a) INCOME PROTECTION PRICES FOR COUNTER- (3) REPORTS.—Not later than September 30, Corporation shall not pay premium subsidies or CYCLICAL PAYMENTS.—Section 114(c) of the Fed- 2002, the Secretary of Agriculture shall submit administrative costs of a reinsured company for eral Agriculture Improvement and Reform Act of to the Committee on Agriculture of the House of insurance regarding a crop insurance policy of 1996 (as amended by section 111) is amended by Representatives and the Committee on Agri- a producer under that Act unless the land that striking paragraph (2) and inserting the fol- culture, Nutrition, and Forestry of the Senate a is covered by the insurance policy for an agri- lowing: report that describes— cultural commodity— ‘‘(2) INCOME PROTECTION PRICES.—The income (A) the progress made by the Corporation in ‘‘(1) has been planted, considered planted, or protection prices for contract commodities under research and development of innovative risk devoted to an agricultural commodity during— paragraph (1)(A) are as follows: management products to include cost of produc- ‘‘(A) at least 1 of the 5 crop years preceding ‘‘(A) Wheat, $3.4460 per bushel. tion insurance that provides coverage for spe- the 2002 crop year; or ‘‘(B) Corn, $2.3472 per bushel. cialty crops, paying special attention to apples, ‘‘(B) at least 3 of the 10 crop years preceding ‘‘(C) Grain sorghum, $2.3472 per bushel. asparagus, blueberries (wild and domestic), cab- the 2002 crop year; or ‘‘(D) Barley, $2.1973 per bushel. bage, canola, carrots, cherries, Christmas trees, ‘‘(2)(A) has been planted, considered planted, ‘‘(E) Oats, $1.5480 per bushel. citrus fruits, cucumbers, dry beans, eggplants, or devoted to an agricultural commodity during ‘‘(F) Upland cotton, $0.6793 per pound. floriculture, grapes, greenhouse and nursery ag- at least 1 of the 20 crop years preceding the 2002 ‘‘(G) Rice, $9.2914 per hundredweight. ricultural commodities, green peas, green pep- crop year; and ‘‘(H) Soybeans, $5.7431 per bushel. pers, hay, lettuce, maple, mushrooms, pears, po- ‘‘(B) has been maintained, and will continue ‘‘(I) Oilseeds (other than soybeans), $0.1049 tatoes, pumpkins, snap beans, spinach, squash, to be maintained, using long-term crop rotation per pound.’’. strawberries, sugar beets, and tomatoes; practices, as determined by the Secretary. (b) LOAN RATES FOR MARKETING ASSISTANCE (B) the progress made by the Corporation in ‘‘(d) CONSERVATION RESERVE LAND.—For pur- LOANS.— increasing the use of risk management products poses of this section, land that is enrolled in the (1) IN GENERAL.—Section 132 of the Federal offered through the Corporation by producers of conservation reserve program established under Agriculture Improvement and Reform Act of specialty crops, by small- and moderate-sized subchapter B of chapter 1 of subtitle D of title 1996 (as amended by section 123(a)) is amended farms, and in areas that are underserved, as de- XII of the Food Security Act of 1985 (16 to read as follows: termined by the Secretary; and U.S.C.3831 et seq.) shall be considered planted to ‘‘SEC. 132. LOAN RATES. (C) how the additional funding provided an agricultural commodity. ‘‘The loan rate for a marketing assistance under the amendments made by this section has ‘‘(e) LAND UNDER THE JURISDICTION OF AN IN- loan under section 131 for a loan commodity been used. DIAN TRIBE.—For purposes of this section, land shall be—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.003 pfrm01 PsN: S25PT1 S1026 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(1) in the case of wheat, $2.9960 per bushel; for the 48 contiguous States and the District of (1) are eligible to receive the payments or as- ‘‘(2) in the case of corn, $2.0772 per bushel; Columbia, Alaska, Hawaii, Guam, and the Vir- sistance; but ‘‘(3) in the case of grain sorghum, $2.0772 per gin Islands of the United States, respectively.’’. (2) did not receive the payments or assistance bushel; (3) EFFECTIVENESS OF CERTAIN PROVISIONS.— prior to October 1, 2001. ‘‘(4) in the case of barley, $1.9973 per bushel; Sections 413 and 165(c)(1) shall have no effect. (b) LIMITATION.—The amount of payments or ‘‘(5) in the case of oats, $1.4980 per bushel; SEC. 172. REPORTS ON EQUITABLE RELIEF AND assistance provided under Public Law 107–25 ‘‘(6) in the case of upland cotton, $0.5493 per MISACTION-MISINFORMATION RE- and this section to an eligible person described pound; QUESTS. in subsection (a) shall not exceed the amount of ‘‘(7) in the case of extra long staple cotton, Section 195 of the Federal Agriculture Im- payments or assistance the person would have $0.7965 per pound; provement and Reform Act of 1996 (Public Law been eligible to receive under Public Law 107–25. ‘‘(8) in the case of rice, $6.4914 per hundred- 104–127; 110 Stat. 946) is amended to read as fol- Subtitle E—Payment Limitation Commission weight; lows: SEC. 181. ESTABLISHMENT OF COMMISSION. ‘‘(9) in the case of soybeans, $5.1931 per bush- ‘‘SEC. 195. REPORTS ON EQUITABLE RELIEF AND (a) ESTABLISHMENT.—There is established a el; MISACTION-MISINFORMATION RE- commission to be known as the ‘‘Commission on ‘‘(10) in the case of oilseeds (other than soy- QUESTS. the Application of Payment Limitations for Ag- beans), $0.0949 per pound; ‘‘(a) IN GENERAL.—Not later than 90 days riculture’’ (referred to in this subtitle as the ‘‘(11) in the case of graded wool, $1.00 per after the date of enactment of the Agriculture, ‘‘Commission’’). pound; Conservation, and Rural Enhancement Act of (b) MEMBERSHIP.— ‘‘(12) in the case of nongraded wool, $0.40 per 2002 and not later than December 1 of fiscal (1) COMPOSITION.— pound; year 2003 and each subsequent fiscal year, the (A) IN GENERAL.—The Commission shall be ‘‘(13) in the case of mohair, $2.00 per pound; Secretary shall submit to the Committee on Agri- composed of 11 members appointed as follows: ‘‘(14) in the case of honey, $0.60 per pound; culture of the House of Representatives and the (i) 3 members shall be appointed by the Presi- ‘‘(15) in the case of dry peas, $6.78 per hun- Committee on Agriculture, Nutrition, and For- dent, of whom 2 shall be from land grant col- dredweight; estry of the Senate a report that describes— leges or universities and have expertise in agri- ‘‘(16) in the case of lentils, $12.79 per hundred- ‘‘(1) the number of requests received by the cultural economics. weight; Secretary during the preceding fiscal year for (ii) 1 member shall be appointed by the Major- ‘‘(17) in the case of large chickpeas, $17.44 per equitable relief under programs carried out by ity Leader of the Senate. hundredweight; and the Farm Service Agency and the Natural Re- (iii) 1 member shall be appointed by the Mi- ‘‘(18) in the case of small chickpeas, $8.10 per sources Conservation Service, including a de- nority Leader of the Senate. hundredweight.’’. scription (by program) of— (iv) 1 member shall be appointed by the Speak- (2) ADJUSTMENT OF LOANS.— ‘‘(A) the number of requests received; er of the House of Representatives. (A) IN GENERAL.—The amendment made by ‘‘(B) the number of requests approved by the (v) 1 member shall be appointed by the Minor- section 123(b) is repealed. Secretary; and ity Leader of the House of Representatives. (B) APPLICABILITY.—Section 162 of the Fed- ‘‘(C) the basis for the approval or denial of (vi) 1 member shall be appointed by the Chair- eral Agriculture Improvement and Reform Act of the requests; and man of the Committee on Agriculture, Nutrition, 1996 (7 U.S.C. 7282) shall be applied and admin- ‘‘(2) the number of requests received by the and Forestry of the Senate. (vii) 1 member shall be appointed by the rank- istered as if the amendment made by section Secretary during the preceding fiscal year for ing minority member of the Committee on Agri- 123(b) had not been enacted. relief described in section 326 of the Food and culture, Nutrition, and Forestry of the Senate. (c) FOOD STAMP PROGRAM.— Agriculture Act of 1962 (7 U.S.C. 1339a) with re- (1) SIMPLIFIED RESOURCE ELIGIBILITY LIMIT.— (viii) 1 member shall be appointed by the spect to programs carried out under this title, Chairman of the Committee on Agriculture of Section 5(g)(1) of the Food Stamp Act of 1977 (7 including a description (by program) of— U.S.C. 2014(g)(1)) is amended by striking ‘‘a the House of Representatives. ‘‘(A) the number of requests received; (ix) 1 member shall be appointed by the rank- member who is 60 years of age or older’’ and in- ‘‘(B) the number of requests approved by the serting ‘‘an elderly or disabled member’’. ing minority member of the Committee on Agri- Secretary; and culture of the House of Representatives. (2) INCREASE IN BENEFITS TO HOUSEHOLDS ‘‘(C) the basis for the approval or denial of WITH CHILDREN.—Section 5(e) of the Food Stamp (B) DIVERSITY OF VIEWS.—The appointing au- the requests. thorities under subparagraph (A) shall seek to Act of 1977 (7 U.S.C. 2014(e)) is amended by ‘‘(b) APPEALS.—The Secretary, acting through striking paragraph (1) and inserting the fol- ensure that the membership of the Commission the Director of the National Appeals Division, has a diversity of experiences and expertise on lowing: shall include in each report submitted under ‘‘(1) STANDARD DEDUCTION.— the issues to be studied by the Commission, such subsection (a) a description of actions taken by as agricultural production, agricultural lending, ‘‘(A) IN GENERAL.—Subject to the other provi- the Division taken during the preceding fiscal sions of this paragraph, the Secretary shall farmland appraisal, agricultural accounting year with respect to requests for relief described and finance, and other relevant areas. allow a standard deduction for each household in subsection (a).’’. that is— (2) FEDERAL GOVERNMENT EMPLOYMENT.—The ‘‘(i) equal to the applicable percentage speci- SEC. 173. ESTIMATES OF NET FARM INCOME. membership of the Commission may include 1 or fied in subparagraph (D) of the income standard Title I of the Federal Agriculture Improvement more employees of the Department of Agri- of eligibility established under subsection (c)(1); and Reform Act of 1996 (7 U.S.C. 7201 et seq.) is culture or other Federal agencies. but amended by adding at the end the following: (3) DATE OF APPOINTMENTS.—The appoint- ‘‘(ii) not less than the minimum deduction ‘‘SEC. 197. ESTIMATES OF NET FARM INCOME. ment of a member of the Commission shall be specified in subparagraph (E). ‘‘In each issuance of projections of net farm made not later than 60 days after the date of en- actment of this Act. ‘‘(B) GUAM.—The Secretary shall allow a income, the Secretary shall include (as deter- (c) TERM; VACANCIES.— standard deduction for each household in Guam mined by the Secretary)— (1) TERM.—A member shall be appointed for that is— ‘‘(1) an estimate of the net farm income earned the life of the Commission. ‘‘(i) equal to the applicable percentage speci- by commercial producers in the United States; (2) VACANCIES.—A vacancy on the and fied in subparagraph (D) of twice the income Commission— ‘‘(2) an estimate of the net farm income attrib- standard of eligibility established under sub- (A) shall not affect the powers of the Commis- utable to commercial producers of each of— section (c)(1) for the 48 contiguous States and sion; and the District of Columbia; but ‘‘(A) livestock; (B) shall be filled in the same manner as the ‘‘(ii) not less than the minimum deduction for ‘‘(B) loan commodities; and original appointment was made. Guam specified in subparagraph (E). ‘‘(C) agricultural commodities other than loan (d) INITIAL MEETING.—Not later than 30 days ‘‘(C) HOUSEHOLDS OF 6 OR MORE MEMBERS.— commodities.’’. after the date on which all members of the Com- The income standard of eligibility established SEC. 174. COMMODITY CREDIT CORPORATION IN- mission have been appointed, the Commission under subsection (c)(1) for a household of 6 VENTORY. shall hold the initial meeting of the Commission. members shall be used to calculate the standard Section 5 of the Commodity Credit Corpora- (e) MEETINGS.—The Commission shall meet— deduction for each household of 6 or more mem- tion Charter Act (15 U.S.C. 714c) is amended in (1) on a regular basis, as determined by the bers. the last sentence by inserting before the period Chairperson; and ‘‘(D) APPLICABLE PERCENTAGE.—For the pur- at the end the following: ‘‘(including, at the op- (2) at the call of the Chairperson or a majority pose of subparagraph (A), the applicable per- tion of the Corporation, the use of private sector of the members of the Commission. centage shall be— entities)’’. (f) QUORUM.—A majority of the members of ‘‘(i) 8 percent for each of fiscal years 2002 SEC. 175. AGRICULTURAL PRODUCERS SUPPLE- the Commission shall constitute a quorum for through 2004; MENTAL PAYMENTS AND ASSIST- the transaction of business, but a lesser number ‘‘(ii) 8.5 percent for each of fiscal years 2005 ANCE. of members may hold hearings. through 2007; (a) IN GENERAL.—The Secretary of Agriculture (g) CHAIRPERSON.—The Secretary shall ap- ‘‘(iii) 9 percent for each of fiscal years 2008 may use such funds of the Commodity Credit point 1 of the members of the Commission to through 2010; and Corporation as are necessary to provide pay- serve as Chairperson of the Commission. ‘‘(iv) 10 percent for each fiscal year thereafter. ments and assistance under Public Law 107–25 SEC. 182. DUTIES. ‘‘(E) MINIMUM DEDUCTION.—The minimum de- (115 Stat. 201) to persons that (as determined by (a) COMPREHENSIVE REVIEW.—The Commis- duction shall be $134, $229, $189, $269, and $118 the Secretary)— sion shall conduct a comprehensive review of—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.004 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1027 (1) the laws (including regulations) that apply SEC. 185. FEDERAL ADVISORY COMMITTEE ACT. date of enactment of this Act, out of any funds or fail to apply payment limitations to agricul- The Federal Advisory Committee Act (5 U.S.C. in the Treasury not otherwise appropriated, the tural commodity and conservation programs ad- App.) shall not apply to the Commission or any Secretary of the Treasury shall transfer to the ministered by the Secretary; proceeding of the Commission. Secretary of Agriculture to pay the salaries and (2) the impact that failing to apply effective SEC. 186. FUNDING. expenses of the Department of Agriculture in payment limitations has on— Of the funds of the Commodity Credit Cor- carrying out this subtitle $50,000,000, to remain (A) the agricultural producers that participate poration, the Secretary shall use not more than available until expended. in the programs; $100,000 to carry out this subtitle. (b) RECEIPT AND ACCEPTANCE.—The Secretary (B) overproduction of agricultural commod- SEC. 187. TERMINATION OF COMMISSION. shall be entitled to receive, shall accept, and ities; The Commission shall terminate on the day shall use to carry out this section the funds (C) the prices that agricultural producers re- after the date on which the Commission submits transferred under subsection (a), without fur- ceive for agricultural commodities in the market- the report of the Commission under section ther appropriation. place; and 182(c). SEC. 196. REGULATIONS. (D) land prices and rental rates; Subtitle F—Emergency Agriculture Assistance (a) IN GENERAL.—The Secretary may promul- (3) the feasibility of improving the application SEC. 191. INCOME LOSS ASSISTANCE. gate such regulations as are necessary to imple- and effectiveness of payment limitation require- (a) IN GENERAL.—The Secretary of Agriculture ment this subtitle. ments, including the use of commodity certifi- (referred to in this subtitle as the ‘‘Secretary’’) (b) PROCEDURE.—The promulgation of the reg- cates and the forfeiture of loan collateral; and shall use $1,800,000,000 of funds of the Com- ulations and administration of this subtitle shall (4) alternatives to payment limitation require- modity Credit Corporation to make emergency be made without regard to— ments in effect on the date of enactment of this financial assistance available to producers on a (1) the notice and comment provisions of sec- Act that would apply meaningful limitations to farm that have incurred qualifying income tion 553 of title 5, United States Code; improve the effectiveness and integrity of the re- losses in calendar year 2001, including losses (2) the Statement of Policy of the Secretary of quirements. due to army worms. Agriculture effective July 24, 1971 (36 Fed. Reg. (b) RECOMMENDATIONS.—In carrying out the (b) ADMINISTRATION.—The Secretary shall 13804), relating to notices of proposed rule- review under subsection (a), the Commission make assistance available under this section in making and public participation in rulemaking; shall develop specific recommendations for modi- the same manner as provided under section 815 and fications to applicable legislation and regula- of the Agriculture, Rural Development, Food (3) chapter 35 of title 44, United States Code tions that would improve payment limitation re- and Drug Administration, and Related Agencies (commonly known as the ‘‘Paperwork Reduction quirements. Appropriations Act, 2001 (Public Law 106–387; Act’’). (c) REPORT.—Not later than 1 year after the 114 Stat. 1549A–55), including using the same (c) CONGRESSIONAL REVIEW OF AGENCY RULE- date of enactment of this Act, the Commission loss thresholds for the quantity and economic MAKING.—In carrying out this section, the Sec- shall submit to the President, the Committee on losses as were used in administering that sec- retary shall use the authority provided under Agriculture of the House of Representatives, tion. section 808 of title 5, United States Code. and the Committee on Agriculture, Nutrition, (c) USE OF FUNDS FOR CASH PAYMENTS.—The and Forestry of the Senate a report containing Secretary may use funds made available under SEC. 197. EMERGENCY REQUIREMENT. the results of the review conducted, and any this section to make, in a manner consistent The entire amount necessary to carry out this recommendations developed, under this section. with this section, cash payments not for crop subtitle is designated by Congress as an emer- gency requirement pursuant to section 252(e) of SEC. 183. POWERS. disasters, but for income loss to carry out the purposes of this section. the Balanced Budget and Emergency Deficit (a) HEARINGS.—The Commission may hold Control Act of 1985 (2 U.S.C. 901(e)). such hearings, meet and act at such times and SEC. 192. LIVESTOCK ASSISTANCE PROGRAM. places, take such testimony, and receive such (a) IN GENERAL.—The Secretary shall use TITLE II—CONSERVATION evidence as the Commission considers advisable $500,000,000 of the funds of the Commodity Cred- Subtitle A—Conservation Security it Corporation to make and administer payments to carry out this subtitle. SEC. 201. CONSERVATION SECURITY PROGRAM. for livestock losses to producers for 2001 losses in (b) INFORMATION FROM FEDERAL AGENCIES.— Subtitle D of title XII of the Food Security Act (1) IN GENERAL.—The Commission may secure a county that has received an emergency des- ignation by the President or the Secretary after of 1985 (16 U.S.C. 3830 et seq.) is amended by in- directly from a Federal agency such information serting after chapter 1 the following: as the Commission considers necessary to carry January 1, 2001, of which $12,000,000 shall be out this subtitle. made available for the American Indian live- ‘‘CHAPTER 2—CONSERVATION SECURITY AND FARMLAND PROTECTION (2) PROVISION OF INFORMATION.—On request stock program under section 806 of the Agri- of the Chairperson of the Commission, the head culture, Rural Development, Food and Drug Ad- ‘‘Subchapter A—Conservation Security of the agency shall provide the information to ministration, and Related Agencies Appropria- Program tions Act, 2001 (Public Law 106–387; 114 Stat. the Commission. ‘‘SEC. 1238. DEFINITIONS. (c) POSTAL SERVICES.—The Commission may 1549A–51). DMINISTRATION.—The Secretary shall ‘‘In this subchapter: use the United States mails in the same manner (b) A make assistance available under this section in ‘‘(1) BASE PAYMENT.—The term ‘base payment’ and under the same conditions as other agencies the same manner as provided under section 806 means the amount paid to a producer under a of the Federal Government. of the Agriculture, Rural Development, Food conservation security contract that is equal to (d) ASSISTANCE FROM SECRETARY.—The Sec- and Drug Administration, and Related Agencies the total of the amounts described in clauses (i) retary may provide to the Commission appro- and (ii) of subparagraphs (C), (D), or (E) of sec- priate office space and such reasonable adminis- Appropriations Act, 2001 (Public Law 105–277; 114 Stat. 1549A–51). tion 1238C(b)(1), as appropriate. trative and support services as the Commission ‘‘(2) BEGINNING FARMER OR RANCHER.—The may request. SEC. 193. MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS. term ‘beginning farmer or rancher’ has the SEC. 184. COMMISSION PERSONNEL MATTERS. (a) IN GENERAL.—The Secretary of Agriculture meaning provided under section 343(a) of the (a) COMPENSATION OF MEMBERS.— shall use $100,000,000 of funds of the Commodity Consolidated Farm and Rural Development Act (1) NON-FEDERAL EMPLOYEES.—A member of Credit Corporation for fiscal year 2002 to make (7 U.S.C. 1999(a)). the Commission who is not an officer or em- payments to apple producers, as soon as prac- ‘‘(3) BONUS AMOUNT.—The term ‘bonus ployee of the Federal Government shall be com- ticable after the date of enactment of this Act, amount’ means the amount paid to a producer pensated at a rate equal to the daily equivalent for the loss of markets during the 2000 crop under a conservation security contract that is of the annual rate of basic pay prescribed for year. equal to the total of the amounts described in level IV of the Executive Schedule under section (b) PAYMENT QUANTITY.—A payment to the clauses (iii) and (iv) of subparagraph (C), and 5315 of title 5, United States Code, for each day producers on a farm for the 2000 crop year of clause (iii) of subparagraph (D) or (E), of sec- (including travel time) during which the member under this section shall be made on the lesser tion 1238C(b)(1), as appropriate. is engaged in the performance of the duties of of— ‘‘(4) CONSERVATION PRACTICE.—The term ‘con- the Commission. (1) the quantity of apples produced by the servation practice’ means a land-based farming (2) FEDERAL EMPLOYEES.—A member of the producers on the farm during the 2000 crop technique that— Commission who is an officer or employee of the year; or ‘‘(A) requires planning, implementation, man- Federal Government shall serve without com- (2) 5,000,000 pounds of apples. agement, and maintenance; and pensation in addition to the compensation re- (c) LIMITATIONS.—The Secretary shall not es- ‘‘(B) promotes 1 or more of the purposes de- ceived for the services of the member as an offi- tablish a payment limitation, or income eligi- scribed in section 1238A(a). cer or employee of the Federal Government. bility limitation, with respect to payments made ‘‘(5) CONSERVATION SECURITY CONTRACT.—The (b) TRAVEL EXPENSES.—A member of the Com- under this section. term ‘conservation security contract’ means a mission shall be allowed travel expenses, includ- SEC. 194. COMMODITY CREDIT CORPORATION. contract described in section 1238A(e). ing per diem in lieu of subsistence, at rates au- The Secretary shall use the funds, facilities, ‘‘(6) CONSERVATION SECURITY PLAN.—The term thorized for an employee of an agency under and authorities of the Commodity Credit Cor- ‘conservation security plan’ means a plan de- subchapter I of chapter 57 of title 5, United poration to carry out this subtitle. scribed in section 1238A(c). States Code, while away from the home or reg- SEC. 195. ADMINISTRATIVE EXPENSES. ‘‘(7) CONSERVATION SECURITY PROGRAM.—The ular place of business of the member in the per- (a) IN GENERAL.—In addition to funds other- term ‘conservation security program’ means the formance of the duties of the Commission. wise available, not later than 30 days after the program established under section 1238A(a).

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‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(21) TIER III CONSERVATION SECURITY CON- enrollment in the conservation security pro- has the meaning given the term in section 4 of TRACT.—The term ‘Tier III conservation security gram. the Indian Self-Determination and Education contract’ means a contract described in section ‘‘(3) SUSTAINABLE ECONOMIC USES.—The Sec- Assistance Act (25 U.S.C. 450b). 1238A(d)(4)(C). retary shall permit a producer to implement, ‘‘(9) NUTRIENT MANAGEMENT.—The term ‘nu- ‘‘SEC. 1238A. CONSERVATION SECURITY PRO- with respect to all eligible land covered by a trient management’ means management of the GRAM. conservation security plan, sustainable eco- quantity, source, placement, form, and timing of ‘‘(a) IN GENERAL.—For each of fiscal years nomic uses (including Tier II conservation prac- the land application of nutrients and other ad- 2003 through 2006, the Secretary shall establish tices) that— ditions to soil on land enrolled in the conserva- a conservation security program to assist owners ‘‘(A) maintain the agricultural nature of the tion security program— and operators of agricultural operations to pro- land; and ‘‘(A) to achieve or maintain adequate soil fer- mote, as is applicable for each operation— ‘‘(B) are consistent with the natural resource tility for agricultural production; ‘‘(1) conservation of soil, water, energy, and and environmental benefits of the conservation ‘‘(B) to minimize the potential for loss of envi- other related resources; security plan. ronmental quality, including soil, water, fish ‘‘(2) soil quality protection and improvement; ‘‘(c) CONSERVATION SECURITY PLANS.— and wildlife habitat, and air and water quality; ‘‘(3) water quality protection and improve- ‘‘(1) IN GENERAL.—A conservation security and ment; plan shall— ‘‘(C) to reduce energy consumption. ‘‘(4) air quality protection and improvement; ‘‘(A) identify the resources and designated ‘‘(10) PRODUCER.— ‘‘(5) soil, plant, or animal health and well- land to be conserved under the conservation se- ‘‘(A) IN GENERAL.—The term ‘producer’ means being; curity plan; an owner, operator, landlord, tenant, or share- ‘‘(6) diversity of flora and fauna; ‘‘(B) describe— cropper that— ‘‘(7) on-farm conservation and regeneration of ‘‘(i) the tier of conservation security contracts, ‘‘(i) shares in the risk of producing any crop biological resources, including plant and animal and the particular conservation practices, to be or livestock; and germplasm; implemented, maintained, or improved, in ac- ‘‘(ii) is entitled to share in the crop or live- ‘‘(8) wetland restoration, conservation, and cordance with subsection (d) on the land cov- stock available for marketing from a farm (or enhancement; ered by the conservation security contract for would have shared had the crop or livestock ‘‘(9) wildlife habitat management, with special the specified term; and been produced). emphasis on species identified by any natural ‘‘(ii) as appropriate for the land covered by ‘‘(B) HYBRID SEED GROWERS.—In determining heritage program of the applicable State; the conservation security contract, the minimum whether a grower of hybrid seed is a producer, ‘‘(10) reduction of greenhouse gas emissions number, type, extent, and scope of conservation the Secretary shall not take into consideration and enhancement of carbon sequestration; practices described in clause (i) that are re- the existence of a hybrid seed contract. ‘‘(11) environmentally sound management of quired to be carried out on the land before the ‘‘(11) RESOURCE OF CONCERN.—The term ‘re- invasive species; or producer is eligible to receive— source of concern’ means a conservation priority ‘‘(12) any similar conservation purpose (as de- ‘‘(I) a base payment; and of a State and locality under section 1238A(c)(3). termined by the Secretary). ‘‘(II) a bonus amount; ‘‘(12) RESOURCE-CONSERVING CROP.—The term ‘‘(b) ELIGIBILITY.— ‘‘(C) contain a schedule for the implementa- ‘resource-conserving crop’ means— ‘‘(1) ELIGIBLE OWNERS AND OPERATORS.—To be tion, maintenance, or improvement of the con- ‘‘(A) a perennial grass; eligible to participate in the conservation secu- servation practices described in the conservation ‘‘(B) a legume grown for use as— rity program (other than to receive technical as- security plan during the term of the conserva- ‘‘(i) forage; sistance under section 1238C(g) for the develop- tion security contract; ‘‘(ii) seed for planting; or ment of conservation security contracts), a pro- ‘‘(D) meet the highly erodible land and wet- ‘‘(iii) green manure; ducer shall— land conservation requirements of subtitles B ‘‘(C) a legume-grass mixture; ‘‘(A) develop and submit to the Secretary, and and C; and ‘‘(D) a small grain grown in combination with obtain the approval of the Secretary of, a con- ‘‘(E) identify, and authorize the implementa- a grass or legume, whether interseeded or plant- servation security plan that meets the require- tion of, sustainable economic uses described in ed in succession; and ments of subsection (c)(1); and subsection (b)(3). ‘‘(E) such other plantings, including trees and ‘‘(B) enter into a conservation security con- ‘‘(2) COMPREHENSIVE PLANNING.—The Sec- annual grasses, as the Secretary considers ap- tract with the Secretary to carry out the con- retary shall encourage owners and operators propriate for a particular area. servation security plan. that enter into conservation security contracts— ‘‘(13) RESOURCE-CONSERVING CROP ROTA- ‘‘(2) ELIGIBLE LAND.— ‘‘(A) to undertake a comprehensive examina- TION.—The term ‘resource-conserving crop rota- ‘‘(A) IN GENERAL.—Except as provided in sub- tion of the opportunities for conserving natural tion’ means a crop rotation that— paragraph (C)(iii), private agricultural land (in- resources and improving the profitability, envi- ‘‘(A) includes at least 1 resource-conserving cluding cropland, grassland, prairie land, pas- ronmental health, and quality of life in relation crop; ture land, and rangeland) and land under the to their entire agricultural operation; ‘‘(B) reduces erosion; jurisdiction of an Indian tribe shall be eligible ‘‘(B) to develop a long-term strategy for imple- ‘‘(C) improves soil fertility and tilth; and for enrollment in the conservation security pro- menting, monitoring, and evaluating conserva- ‘‘(D) interrupts pest cycles. gram. tion practices and environmental results in the ‘‘(14) RESOURCE MANAGEMENT SYSTEM.—The ‘‘(B) FORESTED LAND.—Private forested land entire agricultural operation; term ‘resource management system’ means a sys- shall be eligible for enrollment in the conserva- ‘‘(C) to participate in other Federal, State, tem of conservation practices and management tion security program if the forested land is part local, or private conservation programs; relating to land or water use that is designed to of the agricultural land described in subpara- ‘‘(D) to maintain the agricultural integrity of prevent resource degradation and permit sus- graph (A), including land that is used for— the land; and tained use of land, water, and other natural re- ‘‘(i) alley cropping; ‘‘(E) to adopt innovative conservation tech- sources, as defined in accordance with the tech- ‘‘(ii) forest farming; nologies and management practices or update nical guide of the Natural Resources Conserva- ‘‘(iii) forest buffers; existing technologies and practices. tion Service. ‘‘(iv) windbreaks; ‘‘(3) STATE, TRIBAL, AND LOCAL CONSERVATION ‘‘(15) SECRETARY.—The term ‘Secretary’ means ‘‘(v) silvopasture systems; and PRIORITIES.— the Secretary of Agriculture, acting through the ‘‘(vi) such other integrated agroforestry uses ‘‘(A) IN GENERAL.—To the maximum extent Natural Resources Conservation Service. as the Secretary may determine to be appro- practicable and in a manner consistent with the ‘‘(16) TIER I CONSERVATION PRACTICE.—The priate. conservation security program, each conserva- term ‘Tier I conservation practice’ means a con- ‘‘(C) EXCLUSIONS.— tion security plan shall address, at least, the servation practice described in section ‘‘(i) CONSERVATION RESERVE PROGRAM.—Land conservation priorities of the State or Indian 1238A(d)(4)(A)(ii). enrolled in the conservation reserve program tribe, and locality in which the agricultural op- ‘‘(17) TIER I CONSERVATION SECURITY CON- under subchapter B of chapter 1 shall not be eli- eration is located. TRACT.—The term ‘Tier I conservation security gible for enrollment in the conservation security ‘‘(B) ADMINISTRATION.—The conservation pri- contract’ means a contract described in section program except for land described in section orities of the State, Indian tribe, and locality in 1238A(d)(4)(A). 1231(b)(6). which the agricultural operation is located shall ‘‘(18) TIER II CONSERVATION PRACTICE.—The ‘‘(ii) WETLANDS RESERVE PROGRAM.—Land en- be— term ‘Tier II conservation practice’ means a rolled in the wetlands reserve program estab- ‘‘(i)(I) determined by the State conserva- conservation practice described in section lished under subchapter C of chapter 1 shall not tionist, in consultation with the State technical 1238A(d)(4)(B)(ii). be eligible for enrollment in the conservation se- committee established under subtitle G and the ‘‘(19) TIER II CONSERVATION SECURITY CON- curity program. local subcommittee of the State technical com- TRACT.—The term ‘Tier II conservation security ‘‘(iii) CONVERSION TO CROPLAND.—Land that mittee; and contract’ means a contract described in section is used for crop production after the date of en- ‘‘(II) approved by the Secretary; and 1238A(d)(4)(B). actment of this subchapter that had not been in ‘‘(ii) in the case of land under the jurisdiction ‘‘(20) TIER III CONSERVATION PRACTICE.—The crop production for at least 3 of the 10 years of an Indian tribe— term ‘Tier III conservation practice’ means a preceding that date (except for land enrolled in ‘‘(I) determined by the Indian tribe, after con- conservation practice described in section the conservation reserve program under sub- sultation with the Secretary; and 1238A(d)(4)(C)(ii). chapter B of chapter 1) shall not be eligible for ‘‘(II) approved by the Secretary.

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‘‘(4) SUBMISSION OF PLAN.— ‘‘(B) CONSERVATION PRACTICE STANDARDS.—To ‘‘(VIII) Fish and wildlife conservation and ‘‘(A) IN GENERAL.—During the development of the maximum extent practicable, the Secretary enhancement. a conservation security plan by a producer, at shall establish guidance standards for imple- ‘‘(IX) Air quality management. the request of the producer, the Secretary shall mentation of eligible conservation practices that ‘‘(X) Energy conservation measures. supply to the producer a statement of the min- shall include measurable goals for enhancing ‘‘(XI) Biological resource conservation and re- imum number, type, and scope of conservation and preventing degradation of resources. generation. practices described in paragraph (1)(B)(ii). ‘‘(C) ADJUSTMENTS.— ‘‘(XII) Animal health management. ‘‘(B) APPROVAL FOR BASE PAYMENTS.—If a ‘‘(i) IN GENERAL.—After providing notice and ‘‘(XIII) Plant and animal germplasm con- conservation security plan submitted to the Sec- an opportunity for public participation, the Sec- servation, evaluation, and development. retary contains, in addition to paragraph (1)(C), retary shall make such adjustments to the Na- ‘‘(XIV) Contour farming. the conservation practices referred to in para- tional Handbook of Conservation Practices, and ‘‘(XV) Strip cropping. graph (1)(B)(ii)— the field office technical guides, of the Natural ‘‘(XVI) Cover cropping. ‘‘(i) the Secretary shall approve the conserva- Resources Conservation Service as are necessary ‘‘(XVII) Sediment dams. tion security plan; and to carry out this chapter. ‘‘(XVIII) Any other conservation practice that ‘‘(ii) the producer of the conservation security ‘‘(ii) EFFECT ON PLAN.—If the Secretary makes the Secretary determines to be appropriate and plan, on approval of and compliance with the an adjustment to a practice under clause (i), the comparable to other conservation practices de- plan, as determined by the Secretary, shall be Secretary may require an adjustment to a con- scribed in this clause. eligible to receive a base payment. servation security plan in effect as of the date ‘‘(iii) TIER II CONSERVATION CONTRACTS.—A ‘‘(C) APPROVAL FOR BONUS AMOUNTS.—If a of the adjustment if the Secretary determines conservation security plan for land enrolled in conservation security plan submitted to the Sec- that the plan, without the adjustment, would the conservation security program that will be retary contains a proposal for the implementa- significantly interfere with achieving the pur- maintained using Tier I conservation contracts tion, maintenance, or improvement of a con- poses of the conservation security program. may include Tier II conservation practices. servation practice that qualifies for a bonus ‘‘(D) PILOT TESTING.— ‘‘(B) TIER II CONSERVATION PRACTICES.— amount under section 1238C(b)(1)(C)(iii), the ‘‘(i) IN GENERAL.—Under any of the 3 tiers of ‘‘(i) IN GENERAL.—A conservation security Secretary may increase the payment of the pro- conservation practices established under para- plan for land enrolled in the conservation secu- ducer by such bonus amount as the Secretary graph (4), the Secretary may approve requests rity program under a Tier II conservation secu- determines is appropriate. by a producer for pilot testing of new tech- rity contract shall be maintained using Tier II ‘‘(d) CONSERVATION CONTRACTS AND PRAC- nologies and innovative conservation practices conservation practices and shall, at a TICES.— and systems. minimum— ‘‘(1) IN GENERAL.— ‘‘(ii) INCORPORATION INTO STANDARDS.— ‘‘(I) as applicable to the particular agricul- ‘‘(A) ESTABLISHMENT OF TIERS.—The Sec- ‘‘(I) IN GENERAL.—After evaluation by the tural operation, address at least 1 resource of retary shall establish 3 tiers of conservation con- Secretary and provision of notice and an oppor- concern for the entire agricultural operation; tracts under which a payment under this sub- tunity for public participation, the Secretary ‘‘(II) cover— chapter may be received. may, as expeditiously as practicable, approve ‘‘(aa) management of conservation practices ‘‘(B) ELIGIBLE CONSERVATION PRACTICES.— new technologies and innovative conservation that are being implemented as of the date on ‘‘(i) IN GENERAL.—The Secretary shall make practices and systems. which the conservation security contract is en- eligible for payment under a conservation secu- ‘‘(II) INCORPORATION.—If the Secretary ap- tered into; and rity contract land management, vegetative, and proves a new technology or innovative conserva- ‘‘(bb) conservation practices that are imple- structural practices that— tion practice under subclause (I), the Secretary mented after the date on which the conservation ‘‘(I) are necessary to achieve the purposes of shall, as expeditiously as practicable, incor- security contract is entered into; and the conservation security plan; and porate the technology or practice into the stand- ‘‘(III) meet applicable resource management ‘‘(II) primarily provide for, and have as a pri- ards for implementation of conservation prac- system criteria for 1 or more resources of con- mary purpose, resource protection and environ- tices established under paragraph (3). cern of the agricultural operation, as specified mental improvement. ‘‘(4) TIERS.—Subject to paragraph (5), to carry in the conservation security contract. ‘‘(ii) DETERMINATION.— out this subsection, the Secretary shall establish ‘‘(ii) CONSERVATION PRACTICES AND REQUIRE- ‘‘(I) IN GENERAL.—Subject to subclause (II), in the following 3 tiers of conservation contracts: MENTS.—Tier II conservation practices and re- determining the eligibility of a practice de- ‘‘(A) TIER I CONSERVATION CONTRACTS.— quirements shall consist of, as appropriate for scribed in clause (i), the Secretary shall require, ‘‘(i) IN GENERAL.—A conservation security the agricultural operation of a producer, any of to the maximum extent practicable, the lowest plan for land enrolled in the conservation secu- the Tier I conservation practices and 1 or more cost alternatives be used to fulfill the purposes rity program under a Tier I conservation secu- of the following land use adjustment or protec- of the conservation security plan, as determined rity contract shall be maintained using Tier I tion practices: by the Secretary. conservation practices and shall, at a ‘‘(I) Resource-conserving crop rotations. ‘‘(II) INNOVATIVE TECHNOLOGIES.—Subclause minimum— ‘‘(II) Controlled, rotational grazing. (I) shall not apply, to the maximum extent prac- ‘‘(I) if applicable to the particular agricul- ‘‘(III) Conversion of portions of cropland from ticable, to the adoption of innovative tech- tural operation, address at least 1 resource of a soil-depleting use to a soil-conserving use, in- nologies. concern; cluding production of cover crops. ‘‘(2) ON-FARM RESEARCH AND DEMONSTRA- ‘‘(II) apply to the total agricultural operation ‘‘(IV) Partial field conservation practices (in- TION.—With respect to land enrolled in the con- or to a particular unit of the agricultural oper- cluding windbreaks, grass waterways, shelter servation security program that will be main- ation; belts, filter strips, riparian buffers, wetland tained using a Tier II conservation practice or a ‘‘(III) cover— buffers, contour buffer strips, living snow Tier III conservation practice, the Secretary ‘‘(aa) management of conservation practices fences, crosswind trap strips, field borders, grass may approve a conservation security plan that that are being implemented as of the date on terraces, wildlife corridors, and critical area includes on-farm conservation research and which the conservation security contract is en- planting appropriate to the agricultural oper- demonstration activities, including— tered into; and ation). ‘‘(A) total farm planning; ‘‘(V) Fish and wildlife habitat conservation ‘‘(B) total resource management; ‘‘(bb) conservation practices that are imple- and restoration. ‘‘(C) integrated farming systems; mented after the date on which the conservation ‘‘(D) germplasm conservation and regenera- security contract is entered into; and ‘‘(VI) Native grassland and prairie protection tion; ‘‘(IV) meet applicable standards for implemen- and restoration. ‘‘(E) greenhouse gas reduction and carbon se- tation of conservation practices established ‘‘(VII) Wetland protection and restoration. questration; under paragraph (3). ‘‘(VIII) Agroforestry practices and systems as ‘‘(F) agroecological restoration and wildlife ‘‘(ii) CONSERVATION PRACTICES.—Tier I con- described in subsection (b)(2)(B). habitat restoration; servation practices shall consist of, as appro- ‘‘(IX) Any other conservation practice involv- ‘‘(G) agroforestry; priate for the agricultural operation of a pro- ing modification of the use of land that the Sec- ‘‘(H) invasive species control; ducer, 1 or more of the following basic conserva- retary determines to be appropriate and com- ‘‘(I) energy conservation and management; tion activities: parable to other conservation practices described ‘‘(J) farm and environmental results moni- ‘‘(I) Nutrient management. in this clause. toring and evaluation; or ‘‘(II) Integrated pest management. ‘‘(C) TIER III CONSERVATION CONTRACTS.— ‘‘(K) participation in research projects relat- ‘‘(III) Irrigation, water conservation, and ‘‘(i) IN GENERAL.—A conservation security ing to water conservation and management water quality management. plan for land enrolled in the conservation secu- through— ‘‘(IV) Grazing pasture and rangeland man- rity program under a Tier III conservation secu- ‘‘(i) recycling or reuse of water; or agement. rity contract shall be maintained using Tier III ‘‘(ii) more efficient irrigation of farmland. ‘‘(V) Soil conservation, quality, and residue conservation contracts and shall, at a ‘‘(3) USE OF HANDBOOK AND GUIDES.— management. minimum— ‘‘(A) IN GENERAL.—In determining eligible ‘‘(VI) Invasive species management. ‘‘(I) address all applicable resources of con- conservation practices under the conservation ‘‘(VII) Fish and wildlife habitat management, cern in the total agricultural operation; security program, the Secretary shall use the with special emphasis on species identified by ‘‘(II) cover— National Handbook of Conservation Practices of any natural heritage program of the applicable ‘‘(aa) management of conservation practices the Natural Resources Conservation Service. State or the appropriate State agency. that are being implemented as of the date on

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.004 pfrm01 PsN: S25PT1 S1030 CONGRESSIONAL RECORD — SENATE February 25, 2002 which the conservation security contract is en- ‘‘(II) the Secretary makes a change to the Na- ‘‘(3) not to engage in any activity that would tered into; and tional Handbook of Conservation Practices of interfere with the purposes of the conservation ‘‘(bb) conservation practices that are imple- the Natural Resource Conservation Service security plan; and mented after the date on which the conservation under subsection (d)(3)(C). ‘‘(4) on the violation of a term or condition of security contract is entered into; and ‘‘(ii) PAYMENTS.—The Secretary may adjust the conservation security contract— ‘‘(III) meet applicable resource management the amount and timing of the payment schedule ‘‘(A) if the Secretary determines that the vio- system criteria for 1 or more resources of con- under the conservation security contract to re- lation warrants termination of the conservation cern of the agricultural operation, as specified flect any modifications made under this sub- security contract— in the conservation security contract. paragraph. ‘‘(i) to forfeit all rights to receive payments ‘‘(ii) CONSERVATION PRACTICES.—Tier III con- ‘‘(iii) DEADLINE.—The Secretary may termi- under the conservation security contract; and servation practices shall consist of, as appro- nate a conservation security contract if a modi- ‘‘(ii) to refund to the Secretary all or a portion priate for the agricultural operation of a pro- fication required under this subparagraph is not of the payments received by the producer under ducer (in addition to appropriate Tier I con- submitted to the Secretary in the form of an the conservation security contract, including servation practices and Tier II conservation amended conservation security contract by the any advance payment and interest on the pay- practices), development, implementation, and date that is 90 days after the date on which the ments, as determined by the Secretary; or maintenance of a conservation security plan Secretary issues a written request for the modi- ‘‘(B) if the Secretary determines that the vio- that, over the term of the conservation security fication. lation does not warrant termination of the con- contract— ‘‘(iv) TERMINATION.—a producer that is re- servation security contract, to refund to the Sec- ‘‘(I) integrates all necessary conservation quired to modify a conservation security con- retary, or accept adjustments to, the payments practices to foster environmental enhancement tract under this subparagraph may, in lieu of provided to the producer, as the Secretary deter- and the long-term sustainability of the natural modifying the contract— mines to be appropriate. resource base of an agricultural operation; and ‘‘(I) terminate the conservation security con- ‘‘(II) improves profitability and sustainability ‘‘SEC. 1238C. DUTIES OF THE SECRETARY. tract; and ‘‘(a) ADVANCE PAYMENT.—At the time at associated with the agricultural operation. ‘‘(II) retain payments received under the con- INIMUM REQUIREMENTS.—The minimum which a producer enters into a conservation se- ‘‘(5) M servation security contract, if the producer fully requirements for each tier of conservation prac- curity contract, the Secretary shall, at the op- complied with the terms and conditions of the tices described in paragraph (4) shall be— tion of the producer, make an advance payment conservation security contract before termi- ‘‘(A)(i) determined by the State conserva- to the producer in an amount not to exceed— nation of the contract. tionist, in consultation with the State technical ‘‘(1) in the case of a Tier I conservation secu- ‘‘(4) RENEWAL.— committee established under subtitle G and the rity contract, the greater of— ‘‘(A) IN GENERAL.—At the option of a pro- local subcommittee of the State technical com- ‘‘(A) $1,000; or ducer, the conservation security contract of the mittee; and ‘‘(B) 20 percent of the value of the annual producer may be renewed, for a term described ‘‘(ii) approved by the Secretary; and payment under the contract, as determined by ‘‘(B) in the case of land under the jurisdiction in subparagraph (B), if— the Secretary; of an Indian tribe— ‘‘(i) the producer agrees to any modification ‘‘(2) in the case of a Tier II conservation secu- ‘‘(i) determined by the Indian tribe, after con- of the applicable conservation security contract rity contract, the greater of— sultation with the Secretary; and that the Secretary determines to be necessary to ‘‘(A) $2,000; or ‘‘(ii) approved by the Secretary. achieve the purposes of the conservation secu- ‘‘(B) 20 percent of the value of the annual ‘‘(e) CONSERVATION SECURITY CONTRACTS.— rity program; payment under the contract, as determined by ‘‘(1) CONTRACTS.— ‘‘(ii) the Secretary determines that the pro- the Secretary; and ‘‘(A) IN GENERAL.—On approval of a conserva- ducer has complied with the terms and condi- ‘‘(3) in the case of a Tier III conservation se- tion security plan of a producer, the Secretary tions of the conservation security contract, in- curity contract, the greater of— shall enter into a conservation security contract cluding the conservation security plan; and ‘‘(A) $3,000; or with the producer to enroll the land covered by ‘‘(iii) in the case of a Tier I conservation secu- ‘‘(B) 20 percent of the value of the annual the conservation security plan in the conserva- rity contract, the producer agrees to increase payment under the contract, as determined by tion security program. the conservation practices on land enrolled in the Secretary. ‘‘(B) REQUIRED COMPONENTS.—A conservation the conservation security program by— ‘‘(b) ANNUAL PAYMENTS.— security contract shall specifically describe the ‘‘(I) adopting new conservation practices; or ‘‘(1) CRITERIA FOR DETERMINING AMOUNT OF practices that are required under subsection ‘‘(II) expanding existing practices to meet ap- PAYMENTS.— (c)(1)(B). plicable resource management systems criteria. ‘‘(A) BASE RATE.—In this paragraph, the term ‘‘(2) TERM.—Subject to paragraphs (3) and ‘‘(B) TERMS OF RENEWAL.—Under subpara- ‘base rate’ means the average county rental rate (4)— graph (A)— for the specific land use during the 2001 crop ‘‘(A) a conservation security contract for land ‘‘(i) a conservation security contract for land year, or another appropriate average county enrolled in the conservation security program of enrolled in the conservation security program rate for the 2001 crop year, that ensures regional a producer that will be maintained using 1 or that will be maintained using Tier I conserva- equity, as determined by the Secretary. more Tier I conservation contracts shall have a tion contracts may be renewed for 5-year terms; ‘‘(B) PAYMENTS.—A payment for a conserva- term of 5 years; and ‘‘(ii) in the case of a Tier II conservation secu- tion practice under this paragraph shall be de- ‘‘(B) a conservation security contract for land rity contract or a Tier III conservation security termined in accordance with subparagraphs (C) enrolled in the conservation security program contract, the contract shall be renewed for 5- through (F). that will be maintained using a Tier II con- year to 10-year terms, at the option of the pro- ‘‘(C) TIER I CONSERVATION CONTRACTS.—The servation contract or Tier III conservation con- ducer; and payment for a Tier I conservation security con- tract shall have a 5-year to 10-year term, as de- ‘‘(iii) participation in the conservation secu- tract shall be comprised of the total of the fol- termined by the producer. rity program prior to the renewal of the con- lowing amounts: ‘‘(3) MODIFICATIONS.— servation security contract shall not bar re- ‘‘(i) An amount equal to 6 percent of the base ‘‘(A) OPTIONAL MODIFICATIONS.— newal more than once. ‘‘(i) IN GENERAL.—An owner or operator may rate for land covered by the contract. ‘‘(f) NONCOMPLIANCE DUE TO CIRCUMSTANCES ‘‘(ii) An amount equal to the following costs apply to the Secretary to modify the conserva- BEYOND THE CONTROL OF PRODUCERS.—The tion security plan to effectuate the purposes of of practices covered by the conservation security Secretary shall include in the conservation secu- contract, based on the average county costs for the conservation security program. rity contract a provision, and may modify a PPROVAL BY THE SECRETARY.—To be ef- such practices for the 2001 crop year, as deter- ‘‘(ii) A conservation security contract under subsection fective, any modification under clause (i)— mined by the Secretary: (e)(3)(B), to ensure that a producer shall not be ‘‘(I) shall be approved by the Secretary; and ‘‘(I) 100 percent of the cost of— ‘‘(II) shall authorize the Secretary to redeter- considered in violation of a conservation secu- ‘‘(aa) the adoption of new management prac- mine, if necessary, the amount and timing of the rity contract for failure to comply with the con- tices; and payments under the conservation security con- servation security contract due to circumstances ‘‘(bb) the maintenance of new and existing tract and subsections (a) and (b) of section beyond the control of the producer, including a land management and vegetative practices. 1238C. disaster or related condition, as determined by ‘‘(II) 100 percent of the cost of maintenance of ‘‘(B) OTHER MODIFICATIONS.— the Secretary. existing land-based structural practices ap- ‘‘(i) IN GENERAL.—The Secretary may, in writ- ‘‘SEC. 1238B. DUTIES OF PRODUCERS. proved by the Secretary. ing, require a producer to modify a conservation ‘‘Under a conservation security contract, a ‘‘(III)(aa) 75 percent (or, in the case of a lim- security contract before the expiration of the producer shall agree, during the term of the ited resource producer (as determined by the conservation security contract if— conservation security contract— Secretary) or a beginning farmer or rancher, 90 ‘‘(I) the Secretary determines that a change ‘‘(1) to implement the applicable conservation percent) of the cost of adoption of new land- made to the type, size, management, or other as- security plan approved by the Secretary; based structural practices; or pect of the agricultural operation of the pro- ‘‘(2) to maintain, and make available to the ‘‘(bb) 75 percent (or, in the case of a limited ducer would, without the modification of the Secretary at such times as the Secretary may re- resource producer (as determined by the Sec- contract, significantly interfere with achieving quest, appropriate records showing the effective retary) or a beginning farmer or rancher, 90 per- the purposes of the conservation security pro- and timely implementation of the conservation cent) of the cost of the adoption of a structural gram; or security plan; practice for which a similar structural practice

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.004 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1031 under the environmental quality incentives pro- ‘‘(ii) in the case of a Tier II conservation secu- practices that exceed minimum requirements for gram established under chapter 4 would require rity contract, $35,000; or the owner, operator, or producer under those maintenance, if the producer agrees to provide, ‘‘(iii) in the case of a Tier III conservation se- subtitles, as determined by the Secretary. without reimbursement, substantially equivalent curity contract, $50,000. ‘‘(d) REGULATIONS.— maintenance. ‘‘(B) LIMITATION ON NONBONUS PAYMENTS.—In ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(iii) A bonus amount determined by the Sec- applying the payment limitation under each of mulgate regulations that— retary for implementing or adopting 1 or more of clauses (i), (ii), and (iii) of subparagraph (A), ‘‘(A) provide for adequate safeguards to pro- the following practices: an individual or entity may not receive, directly tect the interests of tenants and sharecroppers, ‘‘(I) A practice adopted or maintained that, or indirectly, payments described in clauses (i) including provision for sharing payments, on a because of the extent and scope of the practice, and (ii) of paragraph (1)(C), (1)(D), or (1)(E), as fair and equitable basis; and maximizes the objectives of the conservation se- appropriate, in an amount that exceeds 75 per- ‘‘(B) prescribe such other rules as the Sec- curity program beyond the minimum require- cent of the applicable payment limitation. retary determines to be necessary to ensure a ments of the practices adopted or maintained. ‘‘(C) OTHER USDA PAYMENTS.—If a producer fair and reasonable application of the limita- ‘‘(II) A practice adopted or maintained to ad- has the same practices on the same land en- tions established under subsections (a) and (b). dress resources of concern and local conserva- rolled in the conservation security program and ‘‘(2) PENALTIES FOR SCHEMES OR DEVICES.— tion concerns beyond those identified as State or 1 or more other conservation programs adminis- ‘‘(A) IN GENERAL.—If the Secretary determines local conservation priorities. tered by the Secretary, the Secretary shall in- that an individual or entity has adopted a ‘‘(III) A practice adopted or maintained to ad- clude all payments from the conservation secu- scheme or device to evade, or that has the pur- dress national priority concerns, as determined rity program and the other conservation pro- pose of evading, the regulations promulgated by the Secretary. grams, other than payments for conservation under paragraph (1), the individual or entity ‘‘(IV) Participation by the producer in an on- easements, in applying the annual payment lim- shall be ineligible to participate in the conserva- farm conservation research, demonstration, or itations under this paragraph. tion security program for— pilot project. ‘‘(D) NON-USDA PAYMENTS.— ‘‘(i) the year for which the scheme or device ‘‘(V) Participation by the producer in a water- ‘‘(i) IN GENERAL.—A payment described in was adopted; and shed or regional resource conservation plan that clause (ii) shall not be considered an annual ‘‘(ii) each of the following 5 years. involves at least 75 percent of producers in a payment for purposes of the annual payment ‘‘(B) FRAUD.—If the Secretary determines that targeted area. limitations under this paragraph. fraud was committed in connection with the ‘‘(VI) Recordkeeping, monitoring, and evalua- ‘‘(ii) PAYMENT.—A payment referred to in scheme or device, the individual or entity shall tion carried out by the producer that furthers clause (i) is a payment that— be ineligible to participate in the conservation the purposes of the conservation security pro- ‘‘(I) is for the same practice on the same land security program for— gram. enrolled in the conservation security program; ‘‘(i) the year for which the scheme or device ‘‘(iv) A bonus amount determined by the Sec- and was adopted; and retary that reflects the status of a producer as ‘‘(II) is received from a Federal program that ‘‘(ii) each of the following 10 years. a beginning farmer or rancher. is not administered by the Secretary, or that is ‘‘(e) TERMINATION.— ‘‘(1) IN GENERAL.—Subject to section 1238B, ‘‘(D) TIER II CONSERVATION CONTRACTS.—The administered by any State, local, or private ag- the Secretary shall allow a producer to termi- payment for a Tier II conservation security con- ricultural agency or organization. nate the conservation security contract. tract shall be comprised of the total of the fol- ‘‘(E) COMMENSURATE SHARE.—To be eligible to ‘‘(2) PAYMENTS.—The producer may retain lowing amounts: receive a payment under this chapter, an indi- any or all payments received under a terminated ‘‘(i) An amount equal to 11 percent of the base vidual or entity shall make contributions (in- conservation security contract if— rate for land covered by the conservation secu- cluding contributions of land, labor, manage- ‘‘(A) the producer is in full compliance with rity contract. ment, equipment, or capital) to the operation of ‘‘(ii) An amount equal to the cost of practices the terms and conditions (including any mainte- the farm that are at least commensurate with covered by the conservation security contract, nance requirements) of the conservation security the share of the proceeds of the operation of the based on the average county costs for practices contract as of the date of the termination; and individual or entity. for the 2001 crop year, described in subpara- ‘‘(B) the Secretary determines that termi- ‘‘(4) LAND ENROLLED IN OTHER CONSERVATION graph (C)(ii). nation of the contract will not defeat the pur- PROGRAMS.—Notwithstanding any other provi- ‘‘(iii) A bonus amount determined by the Sec- poses of the conservation security plan of the sion of law, if a producer has land enrolled in retary in accordance with clauses (iii) and (iv) producer. another conservation program administered by of subparagraph (C), except that the bonus ‘‘(f) TRANSFER OR CHANGE OF INTEREST IN the Secretary and has applied to enroll the same amount under this clause may include any LAND SUBJECT TO CONSERVATION SECURITY CON- land in the conservation security program, the amount for the adoption or maintenance by the TRACT.— producer may elect to— producer of any practice that exceeds resource ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(A) convert the contract under the other con- management system standards. graph (2), the transfer, or change in the inter- servation program to a conservation security ‘‘(E) TIER III CONSERVATION CONTRACTS.—The est, of a producer in land subject to a conserva- payment for a Tier III conservation security contract, without penalty, except that this sub- tion security contract shall result in the termi- contract shall be comprised of the total of the paragraph shall not apply to a contract entered nation of the conservation security contract. following amounts: into under— ‘‘(2) TRANSFER OF DUTIES AND RIGHTS.—Para- ‘‘(i) An amount equal to 20 percent of the base ‘‘(i) the conservation reserve program under graph (1) shall not apply if, not later than 60 rate for land covered by the conservation secu- subchapter B of chapter 1; or days after the date of the transfer or change in rity contract. ‘‘(ii) the wetlands reserve program under sub- the interest in land, the transferee of the land ‘‘(ii) An amount equal to the cost of practices chapter C of chapter 1; or provides written notice to the Secretary that all covered by the conservation security contract, ‘‘(B) have each annual payment to the pro- duties and rights under the conservation secu- based on the average county costs for practices ducer under this subsection reduced to reflect rity contract have been transferred to the trans- for the 2001 crop year, described in subpara- payment for practices the producer receives feree. graph (C)(ii). under the other conservation program, except ‘‘(g) TECHNICAL ASSISTANCE.— ‘‘(iii) A bonus amount determined by the Sec- that the annual payment under this subsection ‘‘(1) IN GENERAL.—For each of fiscal years retary in accordance with subparagraph shall not be reduced by the amount of any in- 2003 through 2006, the Secretary shall provide (D)(iii). centive received under a program referred to in technical assistance to producers for the devel- ‘‘(F) EXCLUSION OF COSTS FOR PURCHASE OR section 1231(b)(6) for qualified practices that en- opment and implementation of conservation se- MAINTENANCE OF EQUIPMENT OR NON-LAND hance or extend the conservation benefit curity contracts, in an amount not to exceed 20 BASED STRUCTURES.—A payment under this sub- achieved under the other conservation program. percent of amounts expended for the fiscal year. chapter shall not include any amount for the ‘‘(5) WASTE STORAGE OR TREATMENT FACILI- ‘‘(2) COORDINATION BY THE SECRETARY.—The purchase or maintenance of equipment or a TIES.—A payment to a producer under this sub- Secretary shall provide overall technical coordi- non-land based structure. chapter shall not be provided for the purpose of nation and leadership for the conservation secu- ‘‘(2) TIME OF PAYMENT.—The Secretary shall construction or maintenance of animal waste rity program, including final approval of all provide payments under a conservation security storage or treatment facilities or associated conservation security plans. contract as soon as practicable after October 1 waste transport or transfer devices for animal ‘‘(h) CONSERVATION SECURITY STATE PRO- of each fiscal year. feeding operations. GRAM.— ‘‘(3) LIMITATION ON PAYMENTS.— ‘‘(c) MINIMUM PRACTICE REQUIREMENT.—In ‘‘(1) IN GENERAL.—Effective October 1, 2004, ‘‘(A) IN GENERAL.—Subject to paragraphs (1), determining a payment under subsection (a) or the Secretary, in cooperation with appropriate (2), (4), and (5), the Secretary shall, in amounts (b) for an owner, operator, or producer that re- State agencies, may permit 1 State to jointly im- and for a term specified in a conservation secu- ceives a payment under another program admin- plement a conservation security program with rity contract and taking into account any ad- istered by the Secretary that is contingent on the Secretary. vance payments, make an annual payment, di- complying with requirements under subtitle B or ‘‘(2) ELIGIBLE STATE.—The State referred to in rectly or indirectly, to the individual or entity C of title XII of the Food Security Act of 1985 paragraph (1) shall be a State selected by the covered by the conservation security contract in (16 U.S.C. 3811 et seq.) relating to the use of Secretary— an amount not to exceed— highly erodible land or wetland, a payment ‘‘(A) in consultation with— ‘‘(i) in the case of a Tier I conservation secu- under this chapter for 1 or more practices on ‘‘(i) the Committee on Agriculture of the rity contract, $20,000; land subject to those requirements shall be for House of Representatives; and

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.005 pfrm01 PsN: S25PT1 S1032 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(ii) the Committee on Agriculture, Nutrition, ‘‘(ii) the purposes and requirements of this ‘‘(ii) to continue to receive payments under and Forestry of the Senate; and title. the contract; ‘‘(B) after taking into consideration— ‘‘(B) PLAN.—Each party to an agreement ‘‘(iii) to keep all or part of the land covered by ‘‘(i) the percentage of private land in agricul- under subparagraph (A) shall submit to the Sec- the contract enrolled in the applicable program; tural production in the State; and retary, for approval by the Secretary, a special ‘‘(iv) to reenroll all or part of the land covered ‘‘(ii) infrastructure in the State that is avail- project area or priority area program plan for by the contract in the applicable program; or able to implement the pilot program under para- each program to be carried out by the party that ‘‘(v) to receive any other equitable relief the graph (1).’’. includes— Secretary considers appropriate; and SEC. 202. FUNDING. ‘‘(i) a description of the requested resources ‘‘(B) require the owner, operator, or producer Section 1241 of the Food Security Act of 1985 and adjustments to program implementation (in- to take such actions as are necessary to remedy (16 U.S.C. 3841) is amended by adding at the end cluding a description of how those adjustments any failure to comply with the contract. the following: will accelerate the achievement of environ- ‘‘(3) RELATIONSHIP TO OTHER LAW.—The au- ‘‘(c) CONSERVATION SECURITY PROGRAM.—Of mental benefits); thority to provide relief under this subsection the funds of the Commodity Credit Corporation, ‘‘(ii) an analysis of the contribution those ad- shall be in addition to any other authority pro- the Corporation shall make available for each of justments will make to the effectiveness of pro- vided in this or any other Act. fiscal years 2002 through 2006 such sums as are grams in achieving the purposes of the special ‘‘(4) EXCEPTIONS.—This section shall not necessary to carry out subchapter A of chapter project or priority area program; apply to— 2 (including the provision of technical assist- ‘‘(iii) a timetable for reevaluating the need for ‘‘(A) any pattern of conduct in which an em- ance, education and outreach, and monitoring or performance of the proposed adjustments; ployee of the Secretary takes actions or provides and evaluation).’’. ‘‘(iv) a description of non-Federal programs advice with respect to an owner, operator, or SEC. 203. PARTNERSHIPS AND COOPERATION. and resources that will contribute to achieving producer that the employee and the owner, op- Section 1243 of the Food Security Act of 1985 the purposes of the special project or priority erator, or producer know are inconsistent with (16 U.S.C. 3843) is amended by adding at the end area program; and applicable law (including regulations); or the following: ‘‘(v) a plan for regular monitoring, evalua- ‘‘(B) an owner, operator, or producer takes ‘‘(f) PARTNERSHIPS AND COOPERATION.— tion, and reporting of progress toward the pur- any action, independent of any advice or au- ‘‘(1) IN GENERAL.—In carrying out any pro- poses of the special project or priority area pro- thorization provided by an employee of the Sec- gram under subtitle D, the Secretary may use re- gram. retary, that the owner, operator, or producer sources provided under that subtitle to enter ‘‘(4) PURPOSES OF SPECIAL PROJECTS.—The knows or should have known to be inconsistent into agreements with State and local agencies, purposes of special projects carried out under with applicable law (including regulations). Indian tribes, and nongovernmental organiza- this section shall be to encourage— ‘‘(5) APPLICABILITY OF RELIEF.—Relief under tions and to designate special projects, as rec- ‘‘(A) producers to cooperate in the installation this section shall be available for contracts in ommended by the State Conservationist, after and maintenance of conservation systems that effect on or after the date of enactment of this consultation with the State technical committee, affect multiple agricultural operations; section. to enhance technical and financial assistance ‘‘(B) the sharing of information and technical ‘‘(b) EDUCATION, OUTREACH, MONITORING, provided to owners, operators, and producers to and financial resources; AND EVALUATION.—In carrying out any con- address environmental issues affected by agri- ‘‘(C) cumulative environmental benefits across servation program administered by the Sec- cultural production with respect to— operations of producers; and retary, the Secretary— ‘‘(A) meeting the purposes of— ‘‘(D) the development and demonstration of ‘‘(1) shall provide education, outreach, train- ‘‘(i) the Federal Water Pollution Control Act innovative conservation methods. ing, monitoring, evaluation, technical assist- (33 U.S.C. 1251 et seq.) or comparable State or ance, and related services to agricultural pro- ‘‘(5) FUNDING.— tribal laws in impaired or threatened water- ducers (socially disadvantaged agricultural pro- ‘‘(A) IN GENERAL.—In addition to resources sheds; ducers, beginning farmers and ranchers, Indian ‘‘(ii) the Safe Drinking Water Act (42 U.S.C. from programs under subtitle D, subject to sub- paragraph (B), the Secretary shall use 5 percent tribes (as those terms are defined in section 300f et seq.) or comparable State or tribal laws 1238), and limited resource agricultural pro- in watersheds providing water for drinking of the funds made available for each fiscal year under section 1241(b) to carry out activities that ducers); water supplies; ‘‘(2) may enter into contracts with States (in- are authorized under the environmental quality ‘‘(iii) the Clean Air Act (42 U.S.C. 7401 et seq.) cluding State agencies and units of local gov- incentives program established under chapter 4 or comparable State laws; or ernment), private nonprofit, community-based of subtitle D. ‘‘(iv) other Federal, State, tribal, or local organizations, and educational institutions with ‘‘(B) UNUSED FUNDING.—Any funds made laws; or demonstrated experience in providing the serv- ‘‘(B) watersheds of special significance, con- available for a fiscal year under subparagraph ices described in paragraph (1), to provide those servation priority areas described in section (A) that are not obligated by April 1 of the fiscal services; and year may be used to carry out other activities 1230(c), or other geographic areas of environ- ‘‘(3) shall use such sums as are necessary from under the environmental quality incentives pro- mental sensitivity, such as wetland, including funds of the Commodity Credit Corporation to gram during the fiscal year in which the fund- State, multi-State, or tribal projects— carry out activities described in paragraphs (1) ‘‘(i) to facilitate surface and ground water ing becomes available.’’. and (2). conservation; SEC. 204. ADMINISTRATIVE REQUIREMENTS FOR ‘‘(c) BEGINNING FARMERS AND RANCHERS AND ‘‘(ii) to protect water quality; CONSERVATION PROGRAMS. INDIAN TRIBES.—In carrying out any conserva- ‘‘(iii) to protect endangered or threatened spe- Subtitle E of title XII of the Food Security Act cies or habitat, such as conservation corridors; tion program administered by the Secretary, the of 1985 (16 U.S.C. 3841 et seq.) is amended by Secretary may provide to beginning farmers and ‘‘(iv) to improve methods of irrigation; adding at the end the following: ‘‘(v) to convert acreage from irrigated produc- ranchers and Indian tribes (as those terms are tion; or ‘‘SEC. 1244. ADMINISTRATIVE REQUIREMENTS defined in section 1238) and limited resource ag- ‘‘(vi) to reduce nutrient loads of watersheds.’’. FOR CONSERVATION PROGRAMS. ricultural producers incentives to participate in ‘‘(2) INCENTIVES.—To realize the purposes of ‘‘(a) GOOD FAITH RELIANCE.— the conservation program to— the special projects under paragraph (1), the ‘‘(1) IN GENERAL.—Notwithstanding any other ‘‘(1) foster new farming opportunities; and Secretary may provide special incentives to own- provision of law, except as provided in para- ‘‘(2) enhance environmental stewardship over ers, operators, and producers participating in graph (4), the Secretary shall provide equitable the long term. the special projects to encourage partnerships, relief to an owner, operator, or producer that ‘‘(d) PROGRAM EVALUATION.—The Secretary enrollments of exceptional environmental value, has entered into a contract under a conserva- shall maintain data concerning conservation se- and sharing of technical and financial resources tion program administered by the Secretary, and curity plans, conservation practices planned or among owners, operators, and producers and that is subsequently determined to be in viola- implemented, environmental outcomes, economic among owners, operators, and producers and tion of the contract, if the owner, operator, or costs, and related matters under conservation governmental and nongovernmental organiza- producer, in attempting to comply with the programs administered by the Secretary. tions. terms of the contract and enrollment ‘‘(e) MEDIATION AND INFORMAL HEARINGS.—If ‘‘(3) FLEXIBILITY.— requirements— the Secretary makes a decision under a con- ‘‘(A) IN GENERAL.—The Secretary may enter ‘‘(A) took actions in good faith reliance on the servation program administered by the Secretary into agreements with States (including State action or advice of an employee of the Sec- that is adverse to an owner, operator, or pro- agencies and units of local government), Indian retary; and ducer, at the request of the owner, operator, or tribes, and nongovernmental organizations to ‘‘(B) had no knowledge that the actions taken producer, the Secretary shall provide the owner, allow greater flexibility to adjust the application were in violation of the contract. operator, or producer with mediation services or of eligibility criteria, approved practices, inno- ‘‘(2) TYPES OF RELIEF.—The Secretary shall— an informal hearing on the decision. vative conservation practices, and other ele- ‘‘(A) to the extent the Secretary determines ‘‘(f) TECHNICAL ASSISTANCE.— ments of the programs under this title to better that an owner, operator, or producer has been ‘‘(1) IN GENERAL.—Under any conservation reflect unique local circumstances and purposes injured by good faith reliance described in para- program administered by the Secretary, subject in a manner that is consistent with— graph (1), allow the owner, operator, or to paragraph (2), technical assistance provided ‘‘(i) environmental enhancement and long- producer— by persons certified under paragraph (3) (in- term sustainability of the natural resource base; ‘‘(i) to retain payments received under the cluding farmers and ranchers) may include— and contract; ‘‘(A) conservation planning;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.005 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1033 ‘‘(B) design, installation, and certification of Secretary, without further appropriation, until operator, or producer with respect to any nat- conservation practices; expended. ural resources conservation program adminis- ‘‘(C) conservation training for producers; and ‘‘(iii) WAIVER.—The Secretary may waive any tered by the Natural Resources Conservation ‘‘(D) such other conservation activities as the requirement of any provider to pay a fee under Service or the Farm Service Agency; and Secretary determines to be appropriate. this subparagraph if the provider qualifies for a ‘‘(ii) that is proprietary (within the meaning ‘‘(2) OUTSIDE ASSISTANCE.— waiver under subparagraph (D)(ii). of section 552(b)(4) of title 5, United States Code) ‘‘(A) IN GENERAL.—The Secretary may con- ‘‘(F) TECHNICAL ASSISTANCE ADVISORY COUN- to the agricultural operation or land that is a tract directly with qualified persons not em- CIL.— part of an agricultural operation of the owner, ployed by the Department to provide conserva- ‘‘(i) PURPOSE.—The Secretary shall establish a operator, or producer. tion technical assistance. technical assistance advisory council (referred ‘‘(C) EXCEPTION.—Information regarding ‘‘(B) PAYMENT BY SECRETARY.—Subject to sub- to in this subparagraph as the ‘advisory coun- owners, operators, or producers that have re- paragraph (C), the Secretary may provide a cil’) to advise the Secretary with respect to the ceived payments from the Secretary and the payment to an owner, operator, or producer en- management of certification programs for the amounts received, shall be— rolled in a conservation program administered provision of technical assistance for third party ‘‘(i) considered to be public information; and by the Secretary if the owner, operator, or pro- providers. ‘‘(ii) may be released to any— ducer elects to obtain technical assistance from ‘‘(ii) MEMBERSHIP.—The membership of the ‘‘(I) person; a person certified to provide technical assistance advisory council shall include— ‘‘(II) Indian tribe (as defined in section 1238); under this subsection. ‘‘(I) representatives of the Federal Govern- or ‘‘(C) NONPRIVATE PROVIDERS.—In determining ment and appropriate State and local govern- ‘‘(III) Federal, State, local agency outside the whether to provide a payment under subpara- ments; and Department of Agriculture. graph (B) to a nonprivate provider, the Sec- ‘‘(II) not more than 20 additional members ‘‘(2) INVENTORY, MONITORING, AND SITE SPE- retary shall provide a payment if the provision that represent 2 or more of the following: CIFIC INFORMATION.—Except as provided in of the payment would result in an increase in ‘‘(aa) Agricultural producers. paragraph (3) and notwithstanding any other the total amount of technical assistance avail- ‘‘(bb) Agricultural industries. provision of law, in order to maintain the per- able to producers, as determined by the Sec- ‘‘(cc) Wildlife and environmental entities. sonal privacy, confidentiality, and cooperation retary. ‘‘(dd) A minimum of 6 professional societies of owners, operators, and producers, and to ‘‘(3) CERTIFICATION OF PROVIDERS OF TECH- and organizations. maintain the integrity of each unit at which pri- NICAL ASSISTANCE.— ‘‘(ee) Such other entities (the representation mary sampling for data gathering is carried out ‘‘(A) PROCEDURES.— of which on the advisory council shall not ex- by the National Resources Inventory (referred to ‘‘(i) IN GENERAL.—The Secretary shall estab- ceed 4 members) as the Secretary determines in this subsection as a ‘data gathering site’), the lish procedures for certifying persons not em- would contribute to the work of the advisory specific geographic locations of data gathering ployed by the Department to provide technical council. sites, and the information generated by the data assistance in planning, designing, or certifying ‘‘(iii) RESPONSIBILITIES.—The advisory council gathering sites— activities to participate in any conservation pro- shall advise the Secretary with respect to— ‘‘(A) shall not be considered to be public infor- gram administered by the Secretary to agricul- ‘‘(I) appropriate standards for certification; mation; and tural producers and landowners participating, ‘‘(II) the status of third party certification ‘‘(B) shall not be released to any person or or seeking to participate, in conservation pro- programs; Federal, State, local, or tribal agency outside grams administered by the Secretary. ‘‘(III) cases in which waivers for certification, the Department. ‘‘(ii) NON-FEDERAL ASSISTANCE.—The Sec- recertification and payment of fees should be al- ‘‘(3) EXCEPTIONS.— retary may request the services of, and enter lowed; ‘‘(A) RELEASE AND DISCLOSURE FOR ENFORCE- into a cooperative agreement with, a State water ‘‘(IV) periodic reviews of certification pro- MENT.—The Secretary may release or disclose to quality agency, State fish and wildlife agency, gram; and the Attorney General information covered by State forestry agency, State conservation agen- ‘‘(V) guidelines for penalties and disciplinary paragraph (1) or (2) to the extent necessary to cy or conservation district, or any other govern- actions for violation of certification require- enforce the natural resources conservation pro- mental or nongovernmental organization or per- ments. grams referred to in paragraph (1)(B)(i). son considered appropriate by the Secretary to ‘‘(iv) MEETINGS.— ‘‘(B) DISCLOSURE TO COOPERATING PERSONS assist in providing the technical assistance nec- ‘‘(I) INITIAL MEETING.—Not later than 30 days AND AGENCIES.— essary to develop and implement conservation after the date on which all members of the advi- ‘‘(i) IN GENERAL.—The Secretary may release plans under this title. sory council have been appointed, the advisory or disclose information covered by paragraph (1) ‘‘(B) EQUIVALENCE.—The Secretary shall en- council shall hold the initial meeting of advisory or (2) to a person or Federal, State, local, or sure that new certification programs of the De- council. tribal agency working in cooperation with the partment for providers of technical assistance ‘‘(II) SUBSEQUENT MEETINGS.—The Secretary Secretary in providing technical and financial meet or exceed the testing and continuing edu- shall require the advisory council to meet as assistance described in paragraph (1)(B)(i) or cation standards of any certification program needed. collecting information from data gathering sites. that establishes nationally recognized and ac- ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) USE OF INFORMATION.—The person or cepted standards for training, testing, and other There are authorized to be appropriated to carry Federal, State, local, or tribal agency that re- professional qualifications. out this subparagraph such sums as are nec- ceives information described in clause (i) may ‘‘(C) STANDARDS.—The Secretary shall estab- essary for each of fiscal years 2002 through 2006. release the information only for the purpose of lish standards for the conduct of— ‘‘(4) EFFECT ON IMPLEMENTATION.—Nothing in assisting the Secretary— ‘‘(i) the certification process conducted by the this subsection shall prohibit or impede the ex- ‘‘(I) in providing the requested technical or fi- Secretary; and peditious implementation of the provision of nancial assistance; or ‘‘(ii) periodic recertification by the Secretary third-party technical assistance under this title. ‘‘(II) in collecting information from data gath- of providers. ‘‘(5) OTHER REQUIREMENTS.—The Secretary ering sites. ‘‘(D) CERTIFICATION REQUIRED.— may establish such other requirements as the ‘‘(C) STATISTICAL AND AGGREGATE INFORMA- ‘‘(i) IN GENERAL.—A provider may not provide Secretary determines are necessary to carry out TION.—Information covered by paragraph (1) or to any producer technical assistance described this subsection. (2) may be disclosed to the public if the informa- in paragraph (3)(A)(i) unless the provider is cer- ‘‘(g) PRIVACY OF PERSONAL INFORMATION RE- tion has been transformed into a statistical or tified by the Secretary. LATING TO NATURAL RESOURCES CONSERVATION aggregate form without naming any— ‘‘(ii) WAIVER.—The Secretary may exempt a PROGRAMS.— ‘‘(i) individual owner, operator, or producer; provider from any requirement of this subpara- ‘‘(1) INFORMATION RECEIVED FOR TECHNICAL or graph if the Secretary determines that the pro- AND FINANCIAL ASSISTANCE.— ‘‘(ii) specific data gathering site. vider has been certified or recertified to provide ‘‘(A) IN GENERAL.—In accordance with section ‘‘(D) CONSENT OF OWNER, OPERATOR, OR PRO- technical assistance through a program the 552(b)(3) of title 5, United States Code, except as DUCER.— standards of which meet or exceed standards es- provided in subparagraph (C) and paragraph ‘‘(i) IN GENERAL.—An owner, operator, or pro- tablished by the Secretary under subparagraph (3), information described in subparagraph ducer may consent to the disclosure of informa- (C). (B)— tion described in paragraph (1) or (2). ‘‘(E) FEE.— ‘‘(i) shall not be considered to be public infor- ‘‘(ii) CONDITION OF OTHER PROGRAMS.—The ‘‘(i) IN GENERAL.—In exchange for certifi- mation; and participation of the owner, operator, or pro- cation or recertification, a provider shall pay a ‘‘(ii) shall not be released to any person or ducer in, and the receipt of any benefit by the fee to the Secretary in an amount determined by Federal, State, local agency or Indian tribe (as owner, operator, or producer under, this title or the Secretary. defined in section 1238) outside the Department any other program administered by the Sec- ‘‘(ii) ACCOUNT.—A fee paid to the Secretary of Agriculture. retary may not be conditioned on the owner, op- under clause (i) shall be— ‘‘(B) INFORMATION.—The information referred erator, or producer providing consent under this ‘‘(I) credited to the account in the Treasury to in subparagraph (A) is information— paragraph. that incurs costs relating to implementing this ‘‘(i) provided to the Secretary or a contractor ‘‘(4) VIOLATIONS; PENALTIES.—Section 1770(c) subsection; and of the Secretary (including information provided shall apply with respect to the release of infor- ‘‘(II) made available to the Secretary for use under subtitle D) for the purpose of providing mation collected in any manner or for any pur- for conservation programs administered by the technical or financial assistance to an owner, pose prohibited by this subsection.

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‘‘(5) DATA COLLECTION, DISCLOSURE, AND RE- (A) describes the status of the implementation ‘‘(A) are ongoing as of the date of the applica- VIEW.—Nothing in this subsection— of the plan described in paragraph (1); tion; and ‘‘(A) affects any procedure for data collection (B) contains an evaluation of the scope, qual- ‘‘(B) meet the purposes of a program estab- or disclosure through the National Resources ity, and outcomes of the conservation practices lished under this title.’’. Inventory; or carried out under the plan; and (c) FUNDING.—Section 1241(a) of the Food Se- ‘‘(B) limits the authority of Congress or the (C) makes recommendations for achieving spe- curity Act of 1985 (16 U.S.C. 3841(a)) is General Accounting Office to review informa- cific and quantifiable improvements for the pur- amended— tion collected or disclosed under this subsection. poses of programs covered by the plan. (1) by striking ‘‘2002’’ and inserting ‘‘2006’’; ‘‘(h) INDIAN TRIBES.—In carrying out any (d) CONSERVATION PRACTICE STANDARDS.— (2) by inserting ‘‘(including the provision of conservation program administered by the Sec- The Secretary of Agriculture shall— technical assistance)’’ after ‘‘the programs’’; retary on land under the jurisdiction of an In- (1) revise standards and, if necessary, estab- (3) in paragraph (2)— dian tribe (as defined in section 1238), the Sec- lish standards, for eligible conservation prac- (A) by striking ‘‘subchapter C’’ and inserting retary shall cooperate with the tribal govern- tices to include measurable goals for enhancing ‘‘subchapters C and D’’; and ment of the Indian tribe to ensure, to the max- natural resources, including innovative prac- (B) by striking ‘‘and’’ at the end; imum extent practicable, that the program is ad- tices; (4) in paragraph (3), by striking the period at ministered in a fair and equitable manner.’’. (2) not later than 180 days after the date of the end and inserting ‘‘; and’’; and SEC. 205. REFORM AND ASSESSMENT OF CON- enactment of this Act, revise the National Hand- (5) by adding at the end the following: SERVATION PROGRAMS. book of Conservation Practices and field office ‘‘(4) chapter 6 of subtitle D.’’. (a) IN GENERAL.—The Secretary of Agriculture technical guides of the Natural Resources Con- SEC. 212. CONSERVATION RESERVE PROGRAM. shall develop a plan for— servation Service; and (a) REAUTHORIZATION.— (1) coordinating conservation programs ad- (3) not less frequently than once every 5 (1) IN GENERAL.—Section 1231 of the Food Se- ministered by the Secretary that are targeted at years, update the Handbook and technical curity Act of 1985 (16 U.S.C. 3831) is amended in agricultural land to— guides. subsections (a), (b)(3), and (d), by striking (A) eliminate redundancy; and SEC. 206. CONSERVATION SECURITY PROGRAM ‘‘2002’’ each place it appears and inserting (B) improve delivery; REGULATIONS. ‘‘2006’’. (2) to the maximum extent practicable— Beginning on the date of enactment of this (2) DUTIES OF OWNERS AND OPERATORS.—Sec- (A) designing forms that are applicable to all Act, the Secretary of Agriculture may promul- tion 1232(c) of the Food Security Act of 1985 (16 conservation programs administered by the Sec- gate regulations and carry out other actions re- U.S.C. 3832(c)) is amended by striking ‘‘2002’’ retary; lating to the implementation of the conservation and inserting ‘‘2006’’. (B) reducing and consolidating paperwork re- security program under subchapter A of chapter (b) CONSERVATION PRIORITY AREAS.— quirements for the programs; 2 of subtitle D of title XII of the Food Security (1) ELIGIBILITY.—Section 1231(b) of the Food (C) developing universal classification systems Act of 1985 (as added by section 201). Security Act of 1985 (16 U.S.C. 3831(b)) is for all information obtained on the forms that SEC. 207. CONFORMING AMENDMENTS. amended— can be used by other agencies of the Department (A) by striking paragraph (1) and inserting (a) Chapter 1 of subtitle D of title XII of the of Agriculture; the following: Food Security Act of 1985 (16 U.S.C. 3830 et seq.) (D) ensuring that the information and classi- ‘‘(1) highly erodible cropland that— is amended in the chapter heading by striking fication systems developed under this paragraph ‘‘(A)(i) if permitted to remain untreated could ‘‘ can be shared with other agencies of the De- ENVIRONMENTAL CONSERVATION ACRE- substantially reduce the production capability ’’ and inserting partment through computer technologies used AGE RESERVE PROGRAM for future generations; or ‘‘ by agencies; and COMPREHENSIVE CONSERVATION EN- ‘‘(ii) cannot be farmed in accordance with a ’’. (E) developing 1 format for a conservation HANCEMENT PROGRAM conservation plan that complies with the re- (b) Section 1230 of the Food Security Act of plan that can be applied to all conservation pro- quirements of subtitle B; and 1985 (16 U.S.C. 3830) is amended— grams targeted at agricultural land; ‘‘(B) the Secretary determines had a cropping (1) in the section heading, by striking ‘‘envi- (3) to the maximum extent practicable, improv- history or was considered to be planted for 3 of ronmental conservation acreage reserve pro- ing the delivery of conservation programs to In- the 6 years preceding the date of enactment of gram’’ and inserting ‘‘ comprehensive conserva- dian tribes (as defined in section 4 of the Indian the Agriculture, Conservation, and Rural En- tion enhancement program’’; Self-Determination and Education Assistance hancement Act of 2002 (except for land enrolled (2) in subsection (a)(1), by striking ‘‘an envi- Act (25 U.S.C. 450b)), including programs for the in the conservation reserve program as of that ronmental conservation acreage reserve pro- delivery of conservation programs to Indian date);’’; and gram’’ and inserting ‘‘a comprehensive con- tribes under plans carried out in conjunction (B) by adding at the end the following: servation enhancement program’’; and with the Secretary of the Interior; and ‘‘(5) the portion of land in a field not enrolled (3) by striking ‘‘ECARP’’ each place it ap- (4) improving the regional distribution of pro- in the conservation reserve in a case in which pears and inserting ‘‘CCEP’’. gram funds and resources to ensure, to the max- more than 50 percent of the land in the field is (c) Section 1230A of the Food Security Act of imum extent practicable, that— enrolled as a buffer under a program described 1985 (16 U.S.C. 3830a) is repealed. (A) the highest conservation priorities of the in paragraph (6)(A), if the land is enrolled as (d) Section 1243 of the Food Security Act of United States receive funding; and part of the buffer; and 1985 (16 U.S.C. 3843) is amended by striking the (B) regional variations in conservation costs ‘‘(6) land (including land that is not crop- section heading and inserting the following: are taken into account. land) enrolled through continuous signup— (b) REPORT.—Not later than 180 days after the ‘‘SEC. 1243. ADMINISTRATION OF CCEP.’’. ‘‘(A) to establish conservation buffers as part date of enactment of this Act, the Secretary of Subtitle B—Program Extensions of the program described in a notice issued on Agriculture shall submit to the Committee on SEC. 211. COMPREHENSIVE CONSERVATION EN- March 24, 1998 (63 Fed. Reg. 14109) or a suc- Agriculture of the House of Representatives and HANCEMENT PROGRAM. cessor program; or the Committee on Agriculture, Nutrition, and (a) IN GENERAL.—Section 1230(a) of the Food ‘‘(B) into the conservation reserve enhance- Forestry of the Senate a report that describes Security Act of 1985 (16 U.S.C. 3830(a)) is ment program described in a notice issued on the plan developed under subsection (a), includ- amended— May 27, 1998 (63 Fed. Reg. 28965) or a successor ing any recommendations for implementation of (1) in paragraph (1), by striking ‘‘2002’’ and program.’’. the plan. inserting ‘‘2006’’; and (2) CRP PRIORITY AREAS.—Section 1231(f) of (c) NATIONAL CONSERVATION PLAN.— (2) in paragraph (3)— the Food Security Act of 1985 (16 U.S.C. 3831(f)) (1) IN GENERAL.—Not later than 180 days after (A) in subparagraph (B), by striking ‘‘and’’ at is amended by adding at the end the following: the date of enactment of this Act, the Secretary the end; and ‘‘(5) PRIORITY.—In designating conservation of Agriculture shall submit to the Committee on (B) by striking subparagraph (C) and insert- priority areas under paragraph (1), the Sec- Agriculture of the House of Representatives and ing the following: retary shall give priority to areas in which des- the Committee on Agriculture, Nutrition, and ‘‘(C) the grassland reserve program estab- ignated land would facilitate the most rapid Forestry of the Senate a plan and estimated lished under subchapter C of chapter 2; completion of projects that— budget for implementing the appraisal of the ‘‘(D) the environmental quality incentives ‘‘(A) are ongoing as of the date of the applica- soil, water, and related resources of the United program established under chapter 4; tion; and States contained in the national conservation ‘‘(E) the wildlife habitat incentive program es- ‘‘(B) meet the purposes of the program estab- program under sections 5 and 6 of the Soil and tablished under section 1240M; and lished under this subchapter.’’. Water Resources Conservation Act of 1977 (16 ‘‘(F) the program for conservation of private (c) MAXIMUM ENROLLMENT.—Section 1231(d) U.S.C. 2004, 2005) as the primary vehicle for grazing land established under section 1240P.’’. of the Food Security Act of 1985 (16 U.S.C. managing conservation on agricultural land in (b) PRIORITY.—Section 1230(c) of the Food Se- 3831(d)) is amended by striking ‘‘36,400,000’’ and the United States. curity Act of 1985 (16 U.S.C. 3830(c)) is amended inserting ‘‘41,100,000’’. (2) REPORT ON IMPLEMENTATION.—Not later by adding at the end the following: (d) DURATION OF CONTRACTS; HARDWOOD than April 30, 2005, the Secretary shall submit to ‘‘(4) PRIORITY.—In designating conservation TREES.—Section 1231(e) of the Food Security Act the Committee on Agriculture of the House of priority areas under paragraph (1), the Sec- of 1985 (16 U.S.C. 3831(e)) is amended— Representatives and Committee on Agriculture, retary shall give priority to areas in which des- (1) in paragraph (1), by striking ‘‘For the pur- Nutrition, and Forestry of the Senate a report ignated land would facilitate the most rapid pose: and inserting ‘‘Except as provided in para- that— completion of projects that— graph (2)(D), for the purpose’’;

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(2) in paragraph (2)— (C) by adding at the end the following: (i) ADDITIONAL ELIGIBLE PRACTICES.—Section (A) by striking ‘‘In the’’ and inserting the fol- ‘‘(C) in the case of marginal pasture land, an 1234 of the Food Security Act of 1985 (16 U.S.C. lowing: owner or operator shall not be required to plant 3834) is amended by adding at the end the fol- ‘‘(A) IN GENERAL.—In the’’; trees if the land is to be restored— lowing: (B) by striking ‘‘The Secretary’’ and inserting ‘‘(i) as wetland; or ‘‘(i) PAYMENTS.— the following: ‘‘(ii) with appropriate native riparian vegeta- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) EXISTING HARDWOOD TREE CONTRACTS.— tion;’’; the Secretary shall provide signing and practice The Secretary’’; and (2) in paragraph (7)— incentive payments under the conservation re- (C) by adding at the end the following: (A) by striking ‘‘except that the Secretary—’’ serve program to owners and operators that im- ‘‘(C) EXTENSION OF HARDWOOD TREE CON- and inserting ‘‘except that—’’; plement a practice under— TRACTS.— (B) in subparagraph (A)— ‘‘(A) the program to establish conservation ‘‘(i) IN GENERAL.—In the case of land devoted (i) by striking ‘‘(A) may’’ and inserting ‘‘(A) buffers described in a notice issued on March 24, to hardwood trees under a contract entered into the Secretary may’’; and 1998 (63 Fed. Reg. 14109) or a successor program; under this subchapter before the date of enact- (ii) by striking ‘‘and’’ at the end; or ment of this subparagraph, the Secretary may (C) in subparagraph (B)— ‘‘(B) the conservation reserve enhancement extend the contract for a term of not more than (i) by striking ‘‘(B) shall’’ and inserting ‘‘(B) program described in a notice issued on May 27, 15 years. the Secretary shall’’; and 1998 (63 Fed. Reg. 28965) or a successor program. (ii) by striking the period at the end and in- ‘‘(ii) RENTAL PAYMENTS.—The amount of a ‘‘(2) OTHER PRACTICES.—The Secretary shall rental payment for a contract extended under serting a semicolon; administer paragraph (1) in a manner that does (D) in subparagraph (C), by striking the pe- clause (i)— not reduce the amount of payments made by the riod at the end and inserting ‘‘; and’’; and ‘‘(I) shall be determined by the Secretary; but Secretary for other practices under the con- ‘‘(II) shall not exceed 50 percent of the rental (E) by adding at the end the following: ‘‘(D) for maintenance purposes, the Secretary servation reserve program.’’. payment that was applicable to the contract be- (j) PAYMENTS.—Section 1239C(f) of the Food may permit harvesting or grazing or other com- fore the contract was extended. Security Act of 1985 (16 U.S.C. 3839c(f)) is mercial uses of forage, in a manner that is con- ‘‘(D) NEW HARDWOOD TREE CONTRACTS.— amended by adding at the end the following: N GENERAL sistent with the purposes of this subchapter and ‘‘(i) I .—The Secretary may enter ‘‘(5) EXCEPTION.—Paragraph (1) shall not a conservation plan approved by the Secretary, into contracts of not less than 10, nor more than apply to any land enrolled in— 30, years with owners of land intended to be de- on acres enrolled— ‘‘(A) the program to establish conservation ‘‘(i) to establish conservation buffers as part voted to hardwood trees after the date of enact- buffers described in a notice issued on March 24, of the program described in a notice issued on ment of this paragraph. 1998 (63 Fed. Reg. 14109) or a successor program; March 24, 1998 (63 Fed. Reg. 14109) or a suc- ‘‘(ii) PAYMENTS.—The Secretary shall make or payments under a contract described in clause cessor program; and ‘‘(B) the conservation reserve enhancement ‘‘(ii) into the conservation reserve enhance- (i)— program described in a notice issued on May 27, ment program described in a notice issued on ‘‘(I) on an annual basis; and 1998 (63 Fed. Reg. 28965) or a successor pro- ‘‘(II) at such an appropriate rate and in such May 27, 1998 (63 Fed. Reg. 28965) or a successor gram.’’. appropriate amounts as the Secretary shall de- program.’’; (k) COUNTY PARTICIPATION.—Section (3) in paragraph (9), by striking ‘‘and’’ at the termine in accordance with subparagraph 1243(b)(1) of the Food Security Act of 1985 (16 end; (C)(ii). U.S.C. 3843(b)(1)) is amended by striking ‘‘The ‘‘(E) HARDWOOD PLANNING GOAL.—The Sec- (4) by redesignating paragraph (10) as para- Secretary’’ and inserting ‘‘Except for land en- retary shall take such steps as the Secretary de- graph (11); and rolled under continuous signup (as described in termines are necessary to ensure, to the max- (5) by inserting after paragraph (9) the fol- section 1231(b)(6)), the Secretary’’. imum extent practicable, that all hardwood tree lowing: ‘‘(10) with respect to any contract entered into (l) STUDY ON ECONOMIC EFFECTS.— sites annually enrolled in the conservation re- (1) IN GENERAL.—Not later than 270 days after after the date of enactment of the Agriculture, serve program are reforested with appropriate the date of enactment of this Act, the Secretary Conservation, and Rural Enhancement Act of species.’’; and of Agriculture shall submit to the Committee on 2002— (3) by adding at the end the following: Agriculture of the House of Representatives and ‘‘(3) 1-YEAR EXTENSION.—In the case of a con- ‘‘(A) not to produce a crop for the duration of the Committee on Agriculture, Nutrition, and tract described in paragraph (1) the term of the contract on any other highly erodible land Forestry of the Senate a report that describes which expires during calendar year 2002, an that the owner or operator owns unless the the economic and social effects on rural commu- owner or operator of land enrolled under the highly erodible land— nities resulting from the conservation reserve contract may extend the contract for 1 addi- ‘‘(i) has a history of being used to produce a program established under subchapter B of tional year.’’. crop other than a forage crop, as determined by chapter 1 of subtitle D of title XII of the Food (e) PILOT PROGRAM FOR ENROLLMENT OF WET- the Secretary; or Security Act of 1985 (16 U.S.C. 3831 et seq.). LAND AND BUFFER ACREAGE IN CONSERVATION ‘‘(ii) is being used as a homestead or building (2) COMPONENTS.—The study under para- RESERVE.—Section 1231(h) of the Food Security site at the time of purchase; and ‘‘(B) on a violation of a contract described in graph (1) shall include analyses of— Act of 1985 (16 U.S.C. 3831(h)) is amended— (A) the impact that enrollments in the con- (1) in the subsection heading, by striking subparagraph (A), to be subject to the require- servation reserve program described in that ‘‘PILOT’’; ments of paragraph (5); and’’. paragraph have on rural businesses, civic orga- (2) in paragraph (1), by striking ‘‘During the (h) WIND TURBINES.—Section 1232 of the Food nizations, and community services (such as 2001 and 2002 calendar years, the Secretary Security Act of 1985 (8906 U.S.C. 3832) is amend- schools, public safety, and infrastructure), par- shall carry out a pilot program’’ and inserting ed by adding at the end the following: ticularly in communities with a large percentage ‘‘During the 2002 through 2006 calendar years, ‘‘(f) WIND TURBINES.— of whole farm enrollments; the Secretary shall carry out a program’’; ‘‘(1) IN GENERAL.—Subject to paragraph (2), (B) the effect that those enrollments have on (3) in paragraph (2), by striking ‘‘pilot’’; and the Secretary may permit an owner or operator (4) in paragraph (3)(D)(i), by striking ‘‘5 con- of land that is enrolled in the conservation re- rural population and beginning farmers (includ- tiguous acres.’’ and inserting ‘‘10 contiguous serve program, but that is not enrolled under ing a description of any connection between the acres, of which— continuous signup (as described in section rate of enrollment and the incidence of absentee ‘‘(I) not more than 5 acres shall be eligible for 1231(b)(6)), to install wind turbines on the land. ownership); and payment; and ‘‘(2) NUMBER; LOCATION.—The Secretary shall (C)(i) the manner in which differential per ‘‘(II) all acres (including acres that are ineli- determine the number and location of wind tur- acre payment rates potentially impact the types gible for payment) shall be covered by the con- bines that may be installed on a tract of land of land (by productivity) enrolled; servation contract.’’. under paragraph (1), taking into account— (ii) changes to the per acre payment rates that (f) IRRIGATED LAND.—Section 1231 of the Food ‘‘(A) the location, size, and other physical may affect that impact; and Security Act of 1985 (16 U.S.C. 3831) is amended characteristics of the land; (iii) the manner in which differential per acre by adding at the end the following: ‘‘(B) the extent to which the land contains payment rates could facilitate retention of pro- ‘‘(i) IRRIGATED LAND.—Irrigated land shall be wildlife and wildlife habitat; and ductive agricultural land in agriculture. enrolled in the programs described in subsection ‘‘(C) the purposes of the conservation reserve SEC. 213. ENVIRONMENTAL QUALITY INCENTIVES (b)(6) at irrigated land rates unless the Sec- program. PROGRAM. retary determines that other compensation is ap- ‘‘(3) PAYMENT LIMITATION.—Notwithstanding (a) IN GENERAL.—Chapter 4 of subtitle D of propriate.’’. the amount of a rental payment limited by sec- title XII of the Food Security Act of 1985 (16 (g) VEGETATIVE COVER; HAYING AND GRAZING; tion 1234(c)(2) and specified in a contract en- U.S.C. 3839aa et seq.) is amended to read as fol- WIND TURBINES.—Section 1232(a) of the Food tered into under this chapter, the Secretary lows: Security Act of 1985 (16 U.S.C. 3832(a)) is shall reduce the amount of the rental payment ‘‘SEC. 1240. PURPOSES. amended— paid to an owner or operator of land on which ‘‘The purposes of the environmental quality (1) in paragraph (4)— 1 or more wind turbines are installed under this incentives program established by this chapter (A) in subparagraph (A), by striking ‘‘and’’ at subsection by an amount determined by the Sec- are to promote agricultural production and en- the end; retary to be commensurate with the value of the vironmental quality as compatible national (B) in subparagraph (B), by inserting ‘‘and’’ reduction of benefit gained by enrollment of the goals, and to maximize environmental benefits after the semicolon at the end; and land in the conservation reserve program.’’. per dollar expended, by—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.006 pfrm01 PsN: S25PT1 S1036 CONGRESSIONAL RECORD — SENATE February 25, 2002

‘‘(1) assisting producers in complying with— ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ manner, water, soil, or related resources from ‘‘(A) this title; means agriculture land (including cropland, degradation; and ‘‘(B) the Federal Water Pollution Control Act grassland, rangeland, pasture, private non- ‘‘(B) the capping of abandoned wells on eligi- (33 U.S.C. 1251 et seq.); industrial forest land and other land on which ble land. ‘‘(C) the Safe Drinking Water Act (42 U.S.C. crops or livestock are produced), including agri- ‘‘SEC. 1240B. ESTABLISHMENT AND ADMINISTRA- 300f et seq.); cultural land that the Secretary determines TION OF ENVIRONMENTAL QUALITY ‘‘(D) the Clean Air Act (42 U.S.C. 7401 et seq.); poses a serious threat to soil, water, or related INCENTIVES PROGRAM. and resources by reason of the soil types, terrain, cli- ‘‘(a) ESTABLISHMENT.— ‘‘(E) other Federal, State, tribal, and local en- matic, soil, topographic, flood, or saline charac- ‘‘(1) IN GENERAL.—During each of the 2002 vironmental laws (including regulations); teristics, or other factors or natural hazards. through 2006 fiscal years, the Secretary shall ‘‘(2) avoiding, to the maximum extent prac- ‘‘(4) INNOVATIVE TECHNOLOGY.—The term ‘in- provide technical assistance, cost-share pay- ticable, the need for resource and regulatory novative technology’ means a new conservation ments, and incentive payments to producers programs by assisting producers in protecting technology that, as determined by the that enter into contracts with the Secretary soil, water, air, and related natural resources Secretary— under the program. and meeting environmental quality criteria es- ‘‘(A) maximizes environmental benefits; ‘‘(2) ELIGIBLE PRACTICES.— tablished by Federal, State, tribal, and local ‘‘(B) complements agricultural production; ‘‘(A) STRUCTURAL PRACTICES.—A producer agencies; and that implements a structural practice shall be el- ‘‘(3) providing flexible technical and financial ‘‘(C) may be adopted in a practical manner. igible for any combination of technical assist- assistance to producers to install and maintain ‘‘(5) LAND MANAGEMENT PRACTICES.—The term ance, cost-share payments, and education. conservation systems that enhance soil, water, ‘land management practice’ means a site-spe- ‘‘(B) LAND MANAGEMENT PRACTICES.—A pro- related natural resources (including grazing cific nutrient or manure management, inte- ducer that performs a land management practice land and wetland), and wildlife while sus- grated pest management, irrigation manage- shall be eligible for any combination of tech- taining production of food and fiber; ment, tillage or residue management, grazing nical assistance, incentive payments, and edu- ‘‘(4) assisting producers to make beneficial, management, air quality management, or other cation. cost effective changes to cropping systems, graz- land management practice carried out on eligi- ‘‘(C) COMPREHENSIVE NUTRIENT MANAGEMENT ing management, nutrient management associ- ble land that the Secretary determines is needed PLANNING.—A producer that develops a com- ated with livestock, pest or irrigation manage- to protect from degradation, in the most cost-ef- prehensive nutrient management plan shall be ment, or other practices on agricultural land; fective manner, water, soil, or related resource. eligible for any combination of technical assist- ‘‘(5) facilitating partnerships and joint efforts ‘‘(6) LIVESTOCK.—The term ‘livestock’ means ance, incentive payments, and education. ‘‘(3) EDUCATION.—The Secretary may provide among producers and governmental and non- dairy cattle, beef cattle, laying hens, broilers, conservation education at national, State, and governmental organizations; and turkeys, swine, sheep, and other such animals local levels consistent with the purposes of the ‘‘(6) consolidating and streamlining conserva- as are determined by the Secretary. program to— tion planning and regulatory compliance proc- ‘‘(7) MANAGED GRAZING.—The term ‘managed ‘‘(A) any producer that is eligible for assist- esses to reduce administrative burdens on pro- grazing’ means the application of 1 or more ducers and the cost of achieving environmental ance under the program; or practices that involve the frequent rotation of ‘‘(B) any producer that is engaged in the pro- goals. animals on grazing land to— duction of an agricultural commodity. ‘‘(A) enhance plant health; ‘‘SEC. 1240A. DEFINITIONS. ‘‘(b) APPLICATION AND TERM.—With respect to ‘‘In this chapter: ‘‘(B) limit soil erosion; practices implemented under this program— ‘‘(1) BEGINNING FARMER OR RANCHER.—The ‘‘(C) protect ground and surface water qual- ‘‘(1) a contract between a producer and the term ‘beginning farmer or rancher’ has the ity; or Secretary may— meaning provided under section 343(a) of the ‘‘(D) benefit wildlife. ‘‘(A) apply to 1 or more structural practices, Consolidated Farm and Rural Development Act ‘‘(8) MAXIMIZE ENVIRONMENTAL BENEFITS PER land management practices, and comprehensive (7 U.S.C. 1999(a)). DOLLAR EXPENDED.— nutrient management planning practices; and ‘‘(2) COMPREHENSIVE NUTRIENT MANAGE- ‘‘(A) IN GENERAL.—The term ‘maximize envi- ‘‘(B) have a term of not less that 3, or more MENT.— ronmental benefits per dollar expended’ means than 10 years, as determined appropriate by the ‘‘(A) IN GENERAL.—The term ‘comprehensive to maximize environmental benefits to the extent Secretary, depending on the practice or prac- nutrient management’ means any combination the Secretary determines is practicable and ap- tices that are the basis of the contract; of structural practices, land management prac- propriate, taking into account the amount of ‘‘(2) a producer may not enter into more than tices, and management activities associated with funding made available to carry out this chap- 1 contract for structural practices involving live- crop or livestock production described in sub- ter. stock nutrient management during the period of paragraph (B) that collectively ensure that the ‘‘(B) LIMATATION.—The term ‘maximize envi- fiscal years 2002 through 2006; and purposes of crop or livestock production and ronmental benefits per dollar expended’ does not ‘‘(3) a producer that has an interest in more preservation of natural resources (especially the require the Secretary— than 1 large confined livestock operation, as de- preservation and enhancement of water quality) ‘‘(i) to require the adoption of the least cost fined by the Secretary, may not enter into more are compatible. practice or technical assistance; or than 1 contract for cost-share payments for a ‘‘(B) ELEMENTS.—For the purpose of subpara- ‘‘(ii) to require the development of a plan storage or treatment facility, or associated waste graph (A), structural practices, land manage- under section 1240E as part of an application transport or transfer device, to manage manure, ment practices, and management activities asso- for payments or technical assistance. process wastewater, or other animal waste gen- ciated with livestock production are— ‘‘(9) PRACTICE.—The term ‘practice’ means 1 erated by the large confined livestock feeding ‘‘(i) manure and wastewater handling and or more structural practices, land management operation. storage; practices, and comprehensive nutrient manage- ‘‘(c) APPLICATION AND EVALUATION.— ‘‘(ii) manure processing, composting, or diges- ment planning practices. ‘‘(1) IN GENERAL.—The Secretary shall estab- tion for purposes of capturing emissions, con- ‘‘(10) PRODUCER.— lish an application and evaluation process for centrating nutrients for transport, destroying ‘‘(A) IN GENERAL.—The term ‘producer’ means awarding technical assistance, cost-share pay- pathogens or otherwise improving the environ- an owner, operator, landlord, tenant, or share- ments and incentive payments to a producer in mental safety and beneficial uses of manure; cropper that— exchange for the performance of 1 or more prac- ‘‘(iii) land treatment practices; ‘‘(i) shares in the risk of producing any crop tices that maximize environmental benefits per ‘‘(iv) nutrient management; or livestock; and dollar expended. ‘‘(v) recordkeeping; ‘‘(ii) is entitled to share in the crop or live- ‘‘(2) COMPARABLE ENVIRONMENTAL VALUE.— ‘‘(vi) feed management; and stock available for marketing from a farm (or ‘‘(A) IN GENERAL.—The Secretary shall estab- ‘‘(vii) other waste utilization options. would have shared had the crop or livestock lish a process for selecting applications for tech- ‘‘(C) PRACTICE.— been produced). nical assistance, cost-share payments, and in- ‘‘(i) PLANNING.—The development of a com- ‘‘(B) HYBRID SEED GROWERS.—In determining centive payments in any case in which there are prehensive nutrient management plan shall be a whether a grower of hybrid seed is a producer, numerous applications for assistance for prac- practice that is eligible for incentive payments the Secretary shall not take into consideration tices that would provide substantially the same and technical assistance under this chapter. the existence of a hybrid seed contract. level of environmental benefits. ‘‘(ii) IMPLEMENTATION.—The implementation ‘‘(11) PROGRAM.—The term ‘program’ means ‘‘(B) CRITERIA.—The process under subpara- of a comprehensive nutrient plan shall be ac- the environmental quality incentives program graph (A) shall be based on— complished through structural and land man- comprised of sections 1240 through 1240J. ‘‘(i) a reasonable estimate of the projected cost agement practices identified in the plan. ‘‘(12) STRUCTURAL PRACTICE.—The term of the proposals described in the applications; ‘‘(iii) REQUIREMENT.—A comprehensive nutri- ‘structural practice’ means— and ent management plan shall meet all Federal, ‘‘(A) the establishment on eligible land of a ‘‘(ii) the priorities established under the pro- State, and local water quality and public health site-specific animal waste management facility, gram, and other factors, that maximize environ- goals and regulations, and in the case of a large terrace, grassed waterway, contour grass strip, mental benefits per dollar expended. confined livestock operation (as defined by the filterstrip, tailwater pit, permanent wildlife ‘‘(3) CONSENT OF OWNER.—If the producer Secretary), shall include all necessary and es- habitat, constructed wetland, or other struc- making an offer to implement a structural prac- sential land treatment practices as determined tural practice that the Secretary determines is tice is a tenant of the land involved in agricul- by the Secretary. needed to protect, in the most cost effective tural production, for the offer to be acceptable,

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.006 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1037 the producer shall obtain the consent of the ‘‘(iii) in an amount determined appropriate by vide, financial or technical assistance to pro- owner of the land with respect to the offer. the Secretary, taking into account— ducers for the same conservation or environ- ‘‘(4) BIDDING DOWN.—If the Secretary deter- ‘‘(I) the extent and complexity of the technical mental purposes; or mines that the environmental values of 2 or assistance provided; ‘‘(D) an innovative technology in connection more applications for technical assistance, cost- ‘‘(II) the costs that the Secretary would have with a structural practice or land management share payments, or incentive payments are com- incurred in providing the technical assistance; practice. parable, the Secretary shall not assign a higher and ‘‘SEC. 1240D. DUTIES OF PRODUCERS. priority to the application only because it would ‘‘(III) the costs incurred by the private pro- ‘‘To receive technical assistance, cost-share present the least cost to the program established vider in providing the technical assistance. payments, or incentive payments under the pro- under the program. ‘‘(D) ELIGIBLE PRACTICES.—The Secretary may gram, a producer shall agree— ‘‘(d) COST-SHARE PAYMENTS.— determine, on a case by case basis, whether the ‘‘(1) to implement an environmental quality ‘‘(1) IN GENERAL.—Except as provided in para- development of a comprehensive nutrient man- incentives program plan that describes conserva- graph (2), the cost-share payments provided to a agement plan is eligible for an incentive pay- tion and environmental purposes to be achieved producer proposing to implement 1 or more prac- ment under this paragraph. through 1 or more practices that are approved tices under the program shall be not more than ‘‘(E) CERTIFICATION BY SECRETARY.— by the Secretary; 75 percent of the cost of the practice, as deter- ‘‘(i) IN GENERAL.—Only persons that have ‘‘(2) not to conduct any practices on the farm mined by the Secretary. been certified by the Secretary under section or ranch that would tend to defeat the purposes ‘‘(2) EXCEPTIONS.— 1244(f)(3) shall be eligible to provide technical of the program; ‘‘(A) LIMITED RESOURCE AND BEGINNING FARM- assistance under this subsection. ‘‘(3) on the violation of a term or condition of ERS.—The Secretary may increase the amount ‘‘(ii) QUALITY ASSURANCE.—The Secretary the contract at anytime the producer has con- provided to a producer under paragraph (1) to shall ensure that certified providers are capable trol of the land— not more than 90 percent if the producer is a of providing technical assistance regarding com- ‘‘(A) if the Secretary determines that the vio- limited resource or beginning farmer or rancher, prehensive nutrient management in a manner lation warrants termination of the contract— as determined by the Secretary. that meets the specifications and guidelines of ‘‘(i) to forfeit all rights to receive payments ‘‘(B) COST-SHARE ASSISTANCE FROM OTHER the Secretary and that meets the needs of pro- under the contract; and SOURCES.—Except as provided in paragraph (3), ducers under the program. ‘‘(ii) to refund to the Secretary all or a portion any cost-share payments received by a producer ‘‘(F) ADVANCE PAYMENT.—On the determina- of the payments received by the owner or oper- from a State or private organization or person tion of the Secretary that the proposed com- ator under the contract, including any interest for the implementation of 1 or more practices on prehensive nutrient management of a producer on the payments, as determined by the Sec- eligible land of the producer shall be in addition is eligible for an incentive payment, the pro- retary; or to the payments provided to the producer under ducer may receive a partial advance of the in- ‘‘(B) if the Secretary determines that the vio- paragraph (1). centive payment in order to procure the services lation does not warrant termination of the con- ‘‘(3) OTHER PAYMENTS.—A producer shall not of a certified provider. tract, to refund to the Secretary, or accept ad- be eligible for cost-share payments for practices ‘‘(G) FINAL PAYMENT.—The final installment justments to, the payments provided to the on eligible land under the program if the pro- of the incentive payment shall be payable to a owner or operator, as the Secretary determines ducer receives cost-share payments or other ben- producer on presentation to the Secretary of to be appropriate; efits for the same practice on the same land documentation that is satisfactory to the Sec- ‘‘(4) on the transfer of the right and interest under chapter 1 and the program. retary and that demonstrates— of the producer in land subject to the contract, ‘‘(e) INCENTIVE PAYMENTS.—The Secretary ‘‘(i) completion of the technical assistance; unless the transferee of the right and interest shall make incentive payments in an amount and agrees with the Secretary to assume all obliga- and at a rate determined by the Secretary to be ‘‘(ii) the actual cost of the technical assist- tions of the contract, to refund all cost-share necessary to encourage a producer to perform 1 ance. payments and incentive payments received or more practices. ‘‘(g) MODIFICATION OR TERMINATION OF CON- under the program, as determined by the Sec- ‘‘(f) TECHNICAL ASSISTANCE.— TRACTS.— retary; N GENERAL ‘‘(1) I .—The Secretary shall allo- ‘‘(1) VOLUNTARY MODIFICATION OR TERMI- ‘‘(5) to supply information as required by the cate funding under the program for the provi- NATION.—The Secretary may modify or termi- Secretary to determine compliance with the pro- sion of technical assistance according to the nate a contract entered into with a producer gram plan and requirements of the program; purpose and projected cost for which the tech- under this chapter if— ‘‘(6) to comply with such additional provisions nical assistance is provided for a fiscal year. ‘‘(A) the producer agrees to the modification as the Secretary determines are necessary to ‘‘(2) AMOUNT.—The allocated amount may or termination; and carry out the program plan; and vary according to— ‘‘(B) the Secretary determines that the modi- ‘‘(7) to submit a list of all confined livestock ‘‘(A) the type of expertise required; fication or termination is in the public interest. feeding operations wholly or partially owned or ‘‘(B) the quantity of time involved; and operated by the applicant. ‘‘(C) other factors as determined appropriate ‘‘(2) INVOLUNTARY TERMINATION.—The Sec- by the Secretary. retary may terminate a contract under this ‘‘SEC. 1240E. ENVIRONMENTAL QUALITY INCEN- TIVES PROGRAM PLAN. ‘‘(3) LIMITATION.—Funding for technical as- chapter if the Secretary determines that the pro- ‘‘(a) IN GENERAL.—To be eligible to receive sistance under the program shall not exceed the ducer violated the contract. technical assistance, cost-share payments, or in- projected cost to the Secretary of the technical ‘‘SEC. 1240C. EVALUATION OF OFFERS AND PAY- centive payments under the program, a producer assistance provided for a fiscal year. MENTS. of a livestock or agricultural operation shall ‘‘(4) OTHER AUTHORITIES.—The receipt of ‘‘(a) IN GENERAL.—In evaluating applications technical assistance under the program shall for technical assistance, cost-share payments, submit to the Secretary for approval a plan of not affect the eligibility of the producer to re- and incentive payments, the Secretary shall ac- operations that specifies practices covered under ceive technical assistance under other authori- cord a higher priority to assistance and pay- the program, and is based on such terms and ties of law available to the Secretary. ments that— conditions, as the Secretary considers necessary ‘‘(5) INCENTIVE PAYMENTS FOR TECHNICAL AS- ‘‘(1) maximize environmental benefits per dol- to carry out the program, including a descrip- SISTANCE.— lar expended; and tion of the practices to be implemented and the ‘‘(A) IN GENERAL.—A producer that is eligible ‘‘(2)(A) address national conservation prior- purposes to be met by the implementation of the to receive technical assistance for a practice in- ities, including— plan, and in the case of confined livestock feed- volving the development of a comprehensive nu- ‘‘(i) meeting Federal, State, and local environ- ing operations, development and implementation trient management plan may obtain an incen- mental purposes focused on protecting air and of a comprehensive nutrient management plan, tive payment that can be used to obtain tech- water quality, including assistance to produc- and in the case of confined livestock feeding op- nical assistance associated with the development tion systems and practices that avoid subjecting erations, development and implementation of a of any component of the comprehensive nutrient an operation to Federal, State, or local environ- comprehensive nutrient management plan. management plan. mental regulatory systems; ‘‘(b) AVOIDANCE OF DUPLICATION.—The Sec- ‘‘(B) PURPOSE.—The purpose of the payment ‘‘(ii) applications from livestock producers retary shall, to the maximum extent practicable, shall be to provide a producer the option of ob- using managed grazing systems and other pas- eliminate duplication of planning activities taining technical assistance for developing any ture and forage based systems; under the program and comparable conservation component of a comprehensive nutrient manage- ‘‘(iii) comprehensive nutrient management; programs. ment plan from a certified provider. ‘‘(iv) water quality, particularly in impaired ‘‘SEC. 1240F. DUTIES OF THE SECRETARY. ‘‘(C) PAYMENT.—The incentive payment shall watersheds; ‘‘To the extent appropriate, the Secretary be— ‘‘(v) soil erosion; shall assist a producer in achieving the con- ‘‘(i) in addition to cost-share or incentive pay- ‘‘(vi) air quality; or servation and environmental goals of a program ments that a producer would otherwise receive ‘‘(vii) pesticide and herbicide management or plan by— for structural practices and land management reduction; ‘‘(1) providing technical assistance in devel- practices; ‘‘(B) are provided in conservation priority oping and implementing the plan; ‘‘(ii) used only to procure technical assistance areas established under section 1230(c); ‘‘(2) providing technical assistance, cost-share from a certified provider that is necessary to de- ‘‘(C) are provided in special projects under payments, or incentive payments for developing velop any component of a comprehensive nutri- section 1243(f)(4) with respect to which State or and implementing 1 or more practices, as appro- ent management plan; and local governments have provided, or will pro- priate;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.006 pfrm01 PsN: S25PT1 S1038 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(3) providing the producer with information, ‘‘SEC. 1240I. SOUTHERN HIGH PLAINS AQUIFER ‘‘(i) the mayor of the District of Columbia; education, and training to aid in implementa- GROUNDWATER CONSERVATION. ‘‘(ii) the Governors of the States of Maryland, tion of the plan; and ‘‘(a) DEFINITIONS.—In this section: Pennsylvania, and Virginia; ‘‘(4) encouraging the producer to obtain tech- ‘‘(1) ELIGIBLE ACTIVITY.— ‘‘(iii) the Administrator of the Environmental nical assistance, cost-share payments, or grants ‘‘(A) IN GENERAL.—The term ‘eligible activity’ Protection Agency; and from other Federal, State, local, or private means an activity carried out to conserve ‘‘(iv) the Chair of the Chesapeake Bay Com- sources. groundwater. mission; and ‘‘SEC. 1240G. LIMITATION ON PAYMENTS. ‘‘(B) INCLUSIONS.—The term ‘eligible activity’ ‘‘(B) charged with the policy leadership, co- ‘‘(a) IN GENERAL.—Subject to subsection (b), includes an activity to— ordination, and implementation of the region- the total amount of cost-share and incentive ‘‘(i) improve an irrigation system; wide Chesapeake Bay Program restoration ef- ‘‘(ii) reduce the use of water for irrigation (in- payments paid to a producer under this chapter fort. cluding changing from high-water intensity shall not exceed— ‘‘(2) PROGRAM.—For each of fiscal years 2003 ‘‘(1) $30,000 for any fiscal year, regardless of crops to low-water intensity crops); or through 2006, the Secretary shall use funds whether the producer has more than 1 contract ‘‘(iii) convert from farming that uses irrigation made available to carry out the program, in the under this chapter for the fiscal year; to dryland farming. amounts specified in paragraph (5), in the ‘‘(2) $90,000 for a contract with a term of 3 ‘‘(2) SOUTHERN HIGH PLAINS AQUIFER.—The Chesapeake Bay watershed to provide incentive years; term ‘Southern High Plains Aquifer’ means the payments to producers to— ‘‘(3) $120,000 for a contract with a term of 4 portion of the groundwater reserve under Kan- ‘‘(A) reduce nutrient loads to the Chesapeake years; or sas, New Mexico, Oklahoma, and Texas depicted Bay; and ‘‘(4) $150,000 for a contract with a term of as Figure 1 in the United States Geological Sur- ‘‘(B) achieve the goals of the Chesapeake Ex- more than 4 years. vey Professional Paper 1400–B, entitled ecutive Council. ‘‘(b) ATTRIBUTION.—An individual or entity ‘Geohydrology of the High Plains Aquifer in ‘‘(3) PRIORITY; MEASUREMENT; PAYMENTS.—In shall not receive, directly or indirectly, total Parts of Colorado, Kansas, Nebraska, New Mex- carrying out paragraph (2), the Secretary payments from single or multiple contracts ico, Oklahoma, South Dakota, Texas, and Wyo- shall— under this chapter that exceed $30,000 for any ming’. ‘‘(A) give priority to nutrient reduction tech- fiscal year. ‘‘(b) CONSERVATION MEASURES.— niques that reduce nutrient applications rates to ‘‘(c) EXCEPTION TO ANNUAL LIMIT.—The Sec- ‘‘(1) IN GENERAL.—Subject to paragraph (2), a level that is substantially below the level rec- retary may exceed the limitation on the annual the Secretary shall provide cost-share payments, ommended in a best management practice (as amount of a payment to a producer under sub- incentive payments, and groundwater education identified by the Secretary); section (a)(1) if the Secretary determines that a assistance to producers that draw water from ‘‘(B) measure any reduction in nutrient appli- larger payment is— the Southern High Plains Aquifer to carry out cation rates by an appropriate indicator of ac- ‘‘(1) essential to accomplish the land manage- eligible activities. tual performance (such as the level of nutrients ment practice or structural practice for which ‘‘(2) LIMITATIONS.—The Secretary shall pro- applied or fixed in excess of crop removal); and the payment is made to the producer; and vide a payment to a producer under this section ‘‘(C) increase the amount of an incentive pay- ‘‘(2) consistent with the maximization of envi- only if the Secretary determines that the pay- ment to a producer to reflect superior perform- ronmental benefits per dollar expended and the ment will result in a net savings in groundwater ance by the producer. purposes of this chapter. resources on the land of the producer. ‘‘(4) PARTNERSHIPS.—The Secretary shall ‘‘(d) VERIFICATION.—The Secretary shall iden- ‘‘(3) COOPERATION.—In accordance with this carry out this subsection in partnership with— tify individuals and entities that are eligible for subtitle, in providing groundwater education ‘‘(A) State governments; a payment under the program using social secu- under this subsection, the Secretary shall co- ‘‘(B) nonprofit organizations approved by the rity numbers and taxpayer identification num- operate with— Secretary; and bers, respectively. ‘‘(A) States; ‘‘(C) State colleges and universities. ‘‘SEC. 1240H. CONSERVATION INNOVATION ‘‘(B) land-grant colleges and universities; ‘‘(5) FUNDING.— GRANTS. ‘‘(C) other educational institutions; ‘‘(A) IN GENERAL.—Of the amounts made ‘‘(a) IN GENERAL.—From funds made available ‘‘(D) State cooperative extension services; and available under section 1241(b) to carry out the to carry out the program, for each of the 2003 ‘‘(E) private organizations. program, the Secretary shall use to carry out through 2006 fiscal years, the Secretary shall ‘‘(c) FUNDING.— this subsection— use not more than $100,000,000 for each fiscal ‘‘(1) IN GENERAL.—Of the funds made avail- ‘‘(i) $10,000,000 for fiscal year 2003; year to pay the cost of competitive grants that able under section 1241(b) to carry out the pro- ‘‘(ii) $15,000,000 for fiscal year 2004; are intended to stimulate innovative approaches gram, the Secretary shall use to carry out this ‘‘(iii) $20,000,000 for fiscal year 2005; to leveraging Federal investment in environ- section— ‘‘(iv) $25,000,000 for fiscal year 2006; and mental enhancement and protection, in conjunc- ‘‘(A) $15,000,000 for fiscal year 2003; ‘‘(v) $0 for fiscal year 2007. tion with agricultural production, through the ‘‘(B) $25,000,000 for each of fiscal years 2004 ‘‘(B) UNEXPENDED FUNDS.—Any funds made program. and 2005; available for a fiscal year under subparagraph ‘‘(b) USE.—The Secretary may award grants ‘‘(C) $35,000,000 for fiscal year 2006; and (A) that are not obligated by April 1 of the fiscal under this section to governmental and non- ‘‘(D) $0 for fiscal year 2007. year shall be used to carry out other activities governmental organizations and persons, on a ‘‘(2) OTHER FUNDS.—Subject to paragraph (3), under this chapter. competitive basis, to carry out projects that— the funds made available under this subsection ‘‘(c) CONSISTENCY WITH WATERSHED PLAN.— ‘‘(1) involve producers that are eligible for shall be in addition to any other funds provided In allocating funds for the pilot programs under payments or technical assistance under the pro- under the program. subsections (a) and (b) and any other pilot pro- gram; ‘‘(3) UNUSED FUNDING.—Any funds made grams carried out under the program, the Sec- ‘‘(2) implement innovative projects, such as— available for a fiscal year under paragraph (1) retary shall take into consideration the extent to ‘‘(A) market systems for pollution reduction; that are not obligated by April 1 of the fiscal which an application for the funds is consistent ‘‘(B) promoting agricultural best management year shall be used to carry out other activities with— practices, including the storing of carbon in the in other States under the program. ‘‘(1) any applicable locally developed water- soil; ‘‘SEC. 1240J. PILOT PROGRAMS. shed plan; and ‘‘(C) protection of source water for human ‘‘(a) DRINKING WATER SUPPLIERS PILOT PRO- ‘‘(2) the factors established by section 1240C. consumption; and GRAM.— ‘‘(d) CONTRACTS.— ‘‘(D) reducing negative effects on watersheds, ‘‘(1) IN GENERAL.—For each fiscal year, the ‘‘(1) IN GENERAL.—In carrying out this sec- including through the significant reduction in Secretary may carry out, in watersheds selected tion, in addition to other requirements under nutrient applications, as determined by the Sec- by the Secretary, in cooperation with local the program, the Secretary shall enter into con- retary; and water utilities, a pilot program to improve water tracts in accordance with this section with pro- ‘‘(3) leverage funds made available to carry quality. ducers the activities of which affect water qual- out the program with matching funds provided ‘‘(2) IMPLEMENTATION.—The Secretary may se- ity (including the quality of public drinking by State and local governments and private or- lect the watersheds referred to in paragraph (1), water supplies) to implement and maintain— ganizations to promote environmental enhance- and make available funds (including funds for ‘‘(A) nutrient management; ment and protection in conjunction with agri- the provision of incentive payments) to be allo- ‘‘(B) pest management; cultural production. cated to producers in partnership with drinking ‘‘(C) soil erosion practices; and ‘‘(c) COST SHARE.—The amount of a grant water utilities in the watersheds, if the drinking ‘‘(D) other conservation activities that protect made under this section to carry out a project water utilities agree to measure water quality at water quality and human health. shall not exceed 50 percent of the cost of the such intervals and in such a manner as may be ‘‘(2) REQUIREMENTS.—A contract described in project. determined by the Secretary. paragraph (1) shall— ‘‘(d) UNUSED FUNDING.—Any funds made ‘‘(b) NUTRIENT REDUCTION PILOT PROGRAM.— ‘‘(A) describe the specific nutrient manage- available for a fiscal year under this section ‘‘(1) DEFINITION OF CHESAPEAKE EXECUTIVE ment, pest management, soil erosion, or other that are not obligated by April 1 of the fiscal COUNCIL.—In this subsection, the term ‘Chesa- practices to be implemented, maintained, or im- year may be used to carry out other activities peake Executive Council’ means the Federal- proved; under this chapter during the fiscal year in State council— ‘‘(B) contain a schedule of implementation for which the funding becomes available. ‘‘(A) comprised of— those practices;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.006 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1039 ‘‘(C) to the maximum extent practicable, ad- U.S.C. 3837c(a)(2)) is amended by striking ‘‘as- ‘‘(A) acreage enrolled to establish conserva- dress water quality priorities of the watershed sistance’’ and inserting ‘‘assistance (including tion buffers as part of the program described in in which the operation is located; and monitoring and maintenance)’’. a notice issued on March 24, 1998 (63 Fed. Reg. ‘‘(D) contain such other terms as the Sec- SEC. 215. WATER CONSERVATION. 14109); retary determines to be appropriate.’’. (a) IN GENERAL.—Section 1231(d) of the Food ‘‘(B) acreage enrolled in the program before (b) FUNDING.—Section 1241 of the Food Secu- Security Act of 1985 (16 U.S.C. 3831(d)) (as the date of enactment of this subsection; or rity Act of 1985 (16 U.S.C. 3841) is amended by amended by section 212(c)) is amended by strik- ‘‘(C) acreage that, as of the date of enactment striking subsection (b) and inserting the fol- ing ‘‘41,100,000’’ and inserting ‘‘40,000,000’’. of this subsection, is committed by the Secretary lowing: (b) ADDITIONAL WATER CONSERVATION ACRE- for enrollment in the program in any State. ‘‘(b) ENVIRONMENTAL QUALITY INCENTIVES AGE UNDER CONSERVATION RESERVE ENHANCE- ‘‘(7) DUTIES OF ELIGIBLE ENTITIES.—Under a PROGRAM.—Subject to section 241 of the Agri- MENT PROGRAM.—Section 1231 of the Food Secu- contract entered into with respect to enrolled culture, Conservation, and Rural Enhancement rity Act of 1985 (16 U.S.C. 3831) (as amended by land under the program, during the term of the Act of 2002, of the funds of the Commodity Cred- section 212(f)) is amended by adding at the end contract, an eligible entity shall agree— it Corporation, the Secretary shall make avail- the following: ‘‘(A)(i) to restore the hydrology of the enrolled able to provide technical assistance, cost-share ‘‘(j) ADDITIONAL WATER CONSERVATION ACRE- land to the maximum extent practicable, as de- payments, incentive payments, bonus payments, AGE UNDER CONSERVATION RESERVE ENHANCE- termined by the Secretary; and grants, and education under the environmental MENT PROGRAM.— ‘‘(ii) to establish on the enrolled land wetland, quality incentives program under chapter 4 of ‘‘(1) DEFINITIONS.—In this subsection: grassland, vegetative cover, or other habitat, as subtitle D, to remain available until expended— ‘‘(A) ELIGIBLE ENTITY.— determined by the Secretary; or ‘‘(B) to transfer to the State, or a designee of ‘‘(1) $500,000,000 for fiscal year 2002; ‘‘(i) IN GENERAL.—The term ‘eligible entity’ ‘‘(2) $1,300,000,000 for fiscal year 2003; means— the State, water rights appurtenant to the en- ‘‘(3) $1,450,000,000 for each of fiscal years 2004 ‘‘(I)(aa) an owner or operator of agricultural rolled land. and 2005; land; or ‘‘(8) RENTAL RATES.— ‘‘(A) IRRIGATED LAND.—With respect to irri- ‘‘(4) $1,500,000,000 for fiscal year 2006; and ‘‘(bb) a person or entity that holds water gated land enrolled in the program, the rental ‘‘(5) $850,000,000 for fiscal year 2007.’’. rights in accordance with or recognized by State rate shall be established by the Secretary— (c) REIMBURSEMENTS.—Section 11 of the Com- law (including a beneficial owner of water ‘‘(i) on a watershed basis; modity Credit Corporation Charter Act (15 rights in accordance with State law through di- ‘‘(ii) using data available as of the date on U.S.C. 714i) is amended in the last sentence by rect contract with the individual or entity hav- which the rental rate is established; and inserting ‘‘but excluding transfers and allot- ing legal title to the water rights); and ‘‘(iii) at a level sufficient to ensure, to the ments for conservation technical assistance’’ ‘‘(II) any other landowner. maximum extent practicable, that the eligible after ‘‘activities’’. ‘‘(ii) INCLUSIONS.—The term ‘eligible entity’ entity is fairly compensated for the irrigated SEC. 214. WETLANDS RESERVE PROGRAM. includes an irrigation district, water district, or land value of the enrolled land. (a) TECHNICAL ASSISTANCE.—Section 1237(a) of similar governmental entity in the State of Cali- ‘‘(B) NONIRRIGATED LAND.—With respect to the Food Security Act of 1985 (16 U.S.C. 3837(a)) fornia. nonirrigated land enrolled in the program, the is amended by inserting ‘‘(including the provi- ‘‘(B) PROGRAM.—The term ‘program’ means rental rate shall be calculated by the Secretary, sion of technical assistance)’’ before the period the conservation reserve enhancement program in accordance with the conservation reserve pro- at the end. described in a notice issued on May 27, 1998 (63 gram manual of the Department. (b) MAXIMUM ENROLLMENT.—Section 1237(b) Fed. Reg. 28965). ‘‘(C) APPLICABILITY.—An eligible entity that of the Food Security Act of 1985 (16 U.S.C. ‘‘(2) PROTECTION OF PRIVATE PROPERTY enters into a contract to enroll land into the 3837(b)) is amended by striking paragraph (1) RIGHTS.— program shall receive, in exchange for the en- and inserting the following: ‘‘(A) WILLING SELLERS AND LESSORS.—An rollment, payments that are based on— ‘‘(1) MAXIMUM ENROLLMENT.— agreement may be executed under this sub- ‘‘(i) the irrigated rental rate described in sub- ‘‘(A) IN GENERAL.—The total number of acres section only if each eligible entity that is a paragraph (A), if the owner or operator agrees enrolled in the wetlands reserve program shall party to the agreement is a willing seller or will- to enter into an agreement with the State and not exceed 2,225,000 acres, of which, to the max- ing lessor. approved by the Secretary under which the imum extent practicable subject to subparagraph ‘‘(B) PROPERTY RIGHTS.—Nothing in this sub- State leases, for in-stream flow purposes or uses, (B), the Secretary shall enroll 250,000 acres in section authorizes the Federal Government or surface water appurtenant to the enrolled land; each calendar year. any State government to condemn private prop- or ‘‘(B) WETLANDS RESERVE ENHANCEMENT ACRE- erty. ‘‘(ii) the nonirrigated rental rate described in AGE.—Of the acreage enrolled under subpara- ‘‘(3) ENROLLMENT.—In addition to the acreage subparagraph (B), if an owner or operator does graph (A) for a calendar year, not more than authorized to be enrolled under subsection (d), not enter into an agreement described in clause 25,000 acres may be enrolled in the wetlands re- in carrying out the program, the Secretary, in (i). serve enhancement program described in sub- consultation with eligible States, shall enroll not ‘‘(9) PRIORITY.—In carrying out this sub- section (h).’’. more than 500,000 acres in eligible States to pro- section, the Secretary shall give priority consid- (c) REAUTHORIZATION.—Section 1237(c) of the mote water conservation. eration to any State proposal that— Food Security Act of 1985 (16 U.S.C. 3837(c)) is ‘‘(4) ELIGIBLE STATES.—To be eligible to par- ‘‘(A) provides a State or non-Federal share of amended by striking ‘‘2002’’ and inserting ticipate in the program, a State— 20 percent or more of the cost of the proposal; ‘‘2006’’. ‘‘(A) shall submit to the Secretary, for review and (d) WETLANDS RESERVE ENHANCEMENT PRO- and approval, a proposal that meets the require- ‘‘(B) significantly advances the goals of Fed- GRAM.—Section 1237 of the Food Security Act of ments of the program; and eral, State, tribal, and local fish, wildlife, and 1985 (16 U.S.C. 3837) is amended by adding at ‘‘(B) shall— plant conservation plans, including— the end the following: ‘‘(i) have established a program or system to ‘‘(i) plans that address— ‘‘(h) WETLANDS RESERVE ENHANCEMENT PRO- protect in-stream flows or uses; and ‘‘(I) multiple endangered species or threatened GRAM.— ‘‘(ii) agree to hold water rights leased or pur- species (as defined in section 3 of the Endan- ‘‘(1) IN GENERAL.—Notwithstanding the Fed- chased under a proposal submitted under sub- gered Species Act of 1973 (16 U.S.C. 1532)); or eral Grant and Cooperative Agreement Act of paragraph (A). ‘‘(II) species that may become threatened or 1977 (41 U.S.C. 501 et seq.), the Secretary may ‘‘(5) ELIGIBLE ACREAGE.—An eligible entity endangered if conservation measures are not enter into cooperative agreements with State or may enroll in the program land in an eligible carried out; local governments, and with private organiza- State that is adjacent to a watercourse or lake, ‘‘(ii) agreements entered into, or conservation tions, to develop, on land that is enrolled, or is or land that would contribute to the restoration plans submitted, under section 6 or 10(a)(2)(A), eligible to be enrolled, in the wetland reserve es- of a watercourse or lake (as determined by the respectively, of the Endangered Species Act of tablished under this subchapter, wetland res- Secretary), if— 1973 (16 U.S.C. 1535, 1539(a)(2)(A)); or toration activities in watershed areas. ‘‘(A)(i) the land can be restored as a wetland, ‘‘(iii) plans that provide benefits to the fish, ‘‘(2) PURPOSE.—The purpose of the agree- grassland, or other habitat, as determined by wildlife, or plants located in 1 or more— ments shall be to address critical environmental the Secretary in accordance with the field office ‘‘(I) refuges within the National Wildlife Ref- issues. technical guides and handbooks of the Natural uge System; or ‘‘(3) RELATIONSHIP TO OTHER AUTHORITIES.— Resources Conservation Service; and ‘‘(II) State wildlife management areas. Nothing in this subsection limits the authority ‘‘(ii) the restoration would significantly im- ‘‘(10) CONSULTATION.—In carrying out this of the Secretary to enter into a cooperative prove riparian functions, as determined by the subsection, the Secretary shall consult with— agreement with a party under which agreement Secretary; or ‘‘(A) the Secretary of the Interior; the Secretary and the party— ‘‘(B) water or water rights appurtenant to the ‘‘(B) eligible States; ‘‘(A) share a mutual interest in the program land are leased or sold to an appropriate State ‘‘(C) affected Indian tribes; and under this subchapter; and agency or State-designated water trust, as de- ‘‘(D) any affected irrigation districts estab- ‘‘(B) contribute resources to accomplish the termined by the Secretary. lished or recognized under State law. purposes of that program.’’. ‘‘(6) RELATIONSHIP TO OTHER ACREAGE.—For ‘‘(11) STATE WATER LAW.—Nothing in this (e) MONITORING AND MAINTENANCE.—Section any fiscal year, acreage enrolled under this sub- subsection— 1237C(a)(2) of the Food Security Act of 1985 (16 section shall not affect the quantity of— ‘‘(A) preempts any State water law;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.007 pfrm01 PsN: S25PT1 S1040 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(B) affects any litigation concerning the Resources Conservation Service, in consultation able to a participating eligible entity, particu- right or entitlement to, or lack of right or enti- with eligible States, provide cost-share payments larly with respect to the establishment and im- tlement to, water that is pending as of the date to willing eligible entities for— plementation of the program. of enactment of this subsection; ‘‘(1) in accordance with subsection (f), irriga- ‘‘(f) IRRIGATION EFFICIENCY INFRASTRUCTURE ‘‘(C) expands, alters, or otherwise affects the tion efficiency infrastructure or measures that AND MEASURES.— existence or scope of any water right of any in- provide in-stream flows for fish and wildlife and ‘‘(1) IN GENERAL.—The Secretary may pay— dividual (except to the extent that the indi- other environmental purposes or uses; ‘‘(A) not more than 75 percent of the cost of vidual agrees otherwise under the program); or ‘‘(2) converting from production of a water-in- converting from production of a water-intensive ‘‘(D) authorizes or entitles the Federal Gov- tensive crop to a crop that requires less water; crop to a crop that requires less water, as de- ernment to hold or purchase any water right. or scribed in subsection (e)(2); and ‘‘(12) IMPLEMENTATION.—In carrying out this ‘‘(3)(A) the lease, purchase, dry-year ‘‘(B) the share determined under subsection subsection, the Secretary shall comply with— optioning, transfer, or dedication of water or (g) of the cost of on-farm and, in cases in which ‘‘(A) all interstate compacts, court decrees, water rights to provide, directly or indirectly an irrigation ditch crosses more than 1 farm, and Federal and State laws (including regula- through mechanisms consistent with State water off-farm irrigation efficiency infrastructure and tions) that may affect water or water rights; law, in-stream flows for fish and wildlife and measures described in paragraph (2) if not less and other environmental purposes or uses (including than 75 percent of the water conserved as a re- ‘‘(B) all procedural and substantive State wetland restoration); or sult of the infrastructure and measures is per- water law. ‘‘(B) the conservation, provision, and protec- manently allocated, directly or indirectly, to in- ‘‘(13) CALIFORNIA WATER LAW.— tion of water to benefit fish and wildlife under stream flows or uses. ‘‘(A) IN GENERAL.—Nothing in this subsection a State plan approved by the Secretary for those ‘‘(2) ELIGIBLE IRRIGATION EFFICIENCY INFRA- authorizes the Secretary to enter into an agree- purposes. STRUCTURE AND MEASURES.—Eligible irrigation ment, in accordance with this subsection, with a ‘‘(c) PROTECTION OF PRIVATE PROPERTY efficiency land-based and fixed infrastructure landowner for water obtained from an irrigation RIGHTS.— and measures referred to in paragraph (1) are— district, water district, or other similar govern- ‘‘(1) WILLING SELLERS AND LESSORS.—An ‘‘(A) lining of ditches, insulation or installa- mental entity in the State of California. agreement may be executed under this section tion of piping, and installation of ditch portals ‘‘(B) DISTRICT PROGRAMS.—All landowners only if each eligible entity that is a party to the or gates; participating in the program through member- agreement is a willing seller or willing lessor. ‘‘(B) tail water return systems; ship in a district or entity described in subpara- ‘‘(2) PROPERTY RIGHTS.—Nothing in this sec- ‘‘(C) low-energy precision applications; ‘‘(D) low-flow irrigation systems, including graph (A) shall be willing participants in the tion authorizes the Federal Government or any drip and trickle systems and micro-sprinkler sys- program. State government to condemn private property. tems; ‘‘(14) GROUNDWATER.—A right to groundwater ‘‘(d) ELIGIBLE STATES.—An eligible entity may receive a payment under the program if the ‘‘(E) surge valves; shall not be subject to any provision of this sub- ‘‘(F) off-stream storage ponds inundating less State in which the eligible entity is located— section unless the right is granted— than 5 acres that the Secretary, in consultation ‘‘(A) under applicable State law; and ‘‘(1)(A) submits to the Secretary a State plan under which the State holds and enforces water with the State, the Secretary of the Interior, ‘‘(B) through a groundwater water rights and the Secretary of Commerce, determines to be process that is fully integrated with the surface rights leased, purchased, dry-year optioned, transferred, or dedicated to provide for in- appropriate to carry out the program; water rights process of the applicable affected ‘‘(G) conversion from gravity or flood irriga- stream flows or other uses that benefit fish and State. tion to low-flow sprinkler or drip irrigation sys- ‘‘(15) PROHIBITION ON FEDERAL PURCHASE, wildlife; or ‘‘(B) otherwise establishes a State program to tems; LEASE, AND RETENTION OF WATER RIGHTS.—No ‘‘(H) intake screens, fish passages, and con- conserve, provide, and protect water to benefit water rights under this subsection shall be pur- version of diversions to pumps; chased, leased, or held by the Secretary or any fish and wildlife approved by the Secretary; ‘‘(I) alternate furrow wetting, irrigation ‘‘(2)(A) submits to the Secretary a State plan other officer or agent of the Federal Govern- scheduling, and similar measures; and ment. to protect in-stream flows or uses; and ‘‘(J) such other land-based irrigation effi- ‘‘(B) obtains approval of the State programs ‘‘(16) STATE FLEXIBILITY.—With respect to ciency infrastructure and measures as the Sec- and plans by the Secretary; State participation in the program— retary determines to be appropriate to carry out ‘‘(3) designates a State agency to administer ‘‘(A) nothing in this subsection limits any the program. the State programs and plans; State application to participate in the program; ‘‘(g) COST SHARING.— ‘‘(4) subjects each lease, purchase, dry-year and ‘‘(1) IN GENERAL.—The share of the cost of ‘‘(B) the Secretary shall accord States full optioning, transfer, and dedication of water and converting from production of a water-intensive flexibility to carry out projects and activities water rights to any review and approval re- crop to a crop that requires less water, or of an under the program. quired under State law, such as review and ap- irrigation efficiency infrastructure or measure ‘‘(17) ELIGIBLE STATES.—Eligible States under proval by a water board, water court, or water assisted under subsection (f), that is not pro- this program shall include only Nevada, Cali- engineer of the State; and vided by this section— fornia, New Mexico, Washington, Oregon, ‘‘(5) ensure that each lease, purchase, dry- ‘‘(A) shall be not less than 25 percent; and Maine and New Hampshire.’’. year optioning, transfer, and dedication of ‘‘(B) shall be paid by— (c) WATER BENEFITS PROGRAM.—Subtitle D of water and water rights is consistent with State ‘‘(i) a State; title XII of the Food Security Act of 1985 (16 water law. ‘‘(ii) an owner or operator of a farm or ranch U.S.C. 3831 et seq.) is amended by adding at the ‘‘(e) ROLE OF SECRETARY.—In carrying out (including an Indian tribe); or end the following: this section, the Secretary shall— ‘‘(iii) a nonprofit organization; ‘‘(1) establish guidelines for participating except that at least 10 percent of the share shall ‘‘CHAPTER 6—WATER CONSERVATION States to pay a portion of the cost of assisting be paid by the eligible entity. ‘‘SEC. 1240R. WATER BENEFITS PROGRAM. the conversion from production of water-inten- ‘‘(2) INCREASED SHARE.—If an owner or oper- ‘‘(a) DEFINITIONS.—In this section: sive crops to crops that require less water; ator of a farm or ranch pays 50 percent or more ‘‘(1) ELIGIBLE ENTITY.— ‘‘(2) establish guidelines, in accordance with of the cost of converting from production of a ‘‘(A) IN GENERAL.—The term ‘eligible entity’ the field office and technical guides and hand- water-intensive crop to a crop that requires less means— books of the Natural Resources Conservation water, or of an irrigation efficiency infrastruc- ‘‘(i)(I) an owner or operator of agricultural Service, for assisting with the cost of on-farm ture or measure, the owner or operator shall re- land; or and off-farm irrigation efficiency infrastructure tain the right to use 50 percent of the water con- ‘‘(II) a person or entity that holds water and measures described in subsection (f)(2); served by the conversion, infrastructure, or rights in accordance with or recognized by State ‘‘(3) establish guidelines for participating measure. law (including a beneficial owner of water States for— ‘‘(3) LEASING OF CONSERVED WATER.—A State rights in accordance with State law through di- ‘‘(A) the lease, purchase, dry-year optioning, shall give an eligible entity with respect to land rect contract with the individual or entity hav- transfer, and dedication of water and water enrolled in the program the option of leasing, or ing legal title to the water rights); and rights under State plans; or providing a dry-year option on, conserved water ‘‘(ii) any other landowner. ‘‘(B) the conservation, provision, and protec- for 30 years. ‘‘(B) INCLUSIONS.—The term ‘eligible entity’ tion of water to benefit fish and wildlife under ‘‘(4) WATER LEASE AND PURCHASE.—The cost includes an irrigation district, water district, or a program described in subsection (b)(3)(B); of water or water rights that are directly leased, similar governmental entity in the State of Cali- ‘‘(4) establish a program within the Agricul- purchased, subject to a dry-year option, or dedi- fornia. tural Research Service, in collaboration with the cated under this section shall not be subject to ‘‘(2) PROGRAM.—The term ‘program’ means United States Geological Survey, to monitor the cost-sharing requirement of this subsection. the water benefits program established under State efforts under the program, including the ‘‘(h) STATE PLAN APPROVAL.—In determining subsection (b). construction and maintenance of stream gaug- whether to approve a State plan under sub- ‘‘(b) ESTABLISHMENT.—The Secretary, in con- ing stations; and section (d)(3), the Secretary shall consider the sultation with eligible States, shall establish a ‘‘(5) consult with eligible States, the Secretary extent to which the State plan significantly ad- program to promote water conservation, to be of the Interior, affected Indian tribes, and each vances the goals of Federal, State, tribal, and known as the ‘water benefits program’, under affected irrigation district established under or local fish, wildlife, and plant conservation which the Secretary shall, through the Natural recognized by State law that makes water avail- plans, including—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.007 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1041

‘‘(1) plans that address— ‘‘(4) ADMINISTRATION.— ‘‘(A) established by volunteers or representa- ‘‘(A) multiple endangered species or threat- ‘‘(A) FEDERAL.—For each fiscal year, of the tives of States, local units of government, Indian ened species (as defined in section 3 of the En- funds made available under paragraph (1), the tribes, or local nonprofit organizations to carry dangered Species Act of 1973 (16 U.S.C. 1532)); or Secretary shall such sums as are necessary for out an area plan in a designated area; and ‘‘(B) species that may become threatened or administration and technical assistance. ‘‘(B) designated by the chief executive officer endangered if conservation measures are not ‘‘(B) STATE.—For each fiscal year, of the or legislature of the State to receive technical carried out; funds made available under paragraph (1), not assistance and financial assistance under this ‘‘(2) agreements entered into, or conservation more than 3 percent shall be made available to subtitle. plans submitted, under section 6 or 10(a)(2)(A), States for administration of the program. ‘‘(4) DESIGNATED AREA.—The term ‘designated respectively, of the Endangered Species Act of ‘‘(5) ELIGIBLE STATES.—Eligible States under area’ means a geographic area designated by 1973 (16 U.S.C. 1535, 1539(a)(2)(A)); and this program shall include only Nevada, Cali- the Secretary to receive technical assistance and ‘‘(3) plans that provide benefits to the fish, fornia, New Mexico, Oregon, Washington, financial assistance under this subtitle. wildlife, or plants located in 1 or more— Maine and New Hampshire.’’. ‘‘(5) FINANCIAL ASSISTANCE.—The term ‘finan- ‘‘(A) refuges within the National Wildlife Ref- (d) CONFORMING AMENDMENT.—Section cial assistance’ means a grant or loan provided uge System; or 1231(b)(6) of the Food Security Act of 1985 (16 by the Secretary (or the Secretary and other ‘‘(B) State wildlife management areas. U.S.C. 3831(b)(6)) (as amended by section Federal agencies) to, or a cooperative agreement ‘‘(i) STATE WATER LAW.—Nothing in this 212(b)(1)) is amended by striking subparagraph entered into by the Secretary (or the Secretary section— (B) and inserting the following: and other Federal agencies) with, a council, or ‘‘(1) preempts any State water law; ‘‘(B)(i) into the conservation reserve enhance- association of councils, to carry out an area ‘‘(2) affects any litigation concerning the right ment program described in a notice issued on plan in a designated area, including assistance or entitlement to, or lack of right or entitlement May 27, 1998 (63 Fed. Reg. 28965) (or a successor provided for planning, analysis, feasibility stud- to, water that is pending as of the date of enact- program); or ies, training, education, and other activities ment of this section; ‘‘(ii) under subsection (j).’’. necessary to carry out the area plan. ‘‘(3) expands, alters, or otherwise affects the SEC. 216. RESOURCE CONSERVATION AND DEVEL- ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ existence or scope of any water right of any in- OPMENT PROGRAM. has the meaning given the term by section 4 of dividual (except to the extent that the indi- Subtitle H of title XV of the Agriculture and the Indian Self-Determination and Education vidual agrees otherwise under the program); or Food Act of 1981 (16 U.S.C. 3451 et seq.) is Assistance Act (25 U.S.C. 450b). ‘‘(4) authorizes or entitles the Federal Govern- amended to read as follows: ‘‘(7) LOCAL UNIT OF GOVERNMENT.—The term ment to hold or purchase any water right. ‘‘Subtitle H—Resource Conservation and ‘local unit of government’ means— ‘‘(j) IMPLEMENTATION.—In carrying out this Development Program ‘‘(A) any county, city, town, township, par- section, the Secretary shall comply with— ish, village, or other general-purpose subdivision ‘‘SEC. 1528. DEFINITIONS. ‘‘(1) all interstate compacts, court decrees, of a State; and ‘‘In this subtitle: and Federal and State laws (including regula- ‘‘(B) any local or regional special district or ‘‘(1) AREA PLAN.—The term ‘area plan’ means tions) that may affect water or water rights; other limited political subdivision of a State, in- a resource conservation and use plan developed and cluding any soil conservation district, school through a planning process by a council for a ‘‘(2) all procedural and substantive State district, park authority, and water or sanitary designated area of 1 or more States, or of land water law. district. under the jurisdiction of an Indian tribe, that ‘‘(k) CALIFORNIA WATER LAW.— ‘‘(8) NONPROFIT ORGANIZATION.—The term includes 1 or more of the following elements: ‘‘(1) IN GENERAL.—Nothing in this section au- ‘nonprofit organization’ means any organiza- ‘‘(A) A land conservation element, the purpose thorizes the Secretary to enter into an agree- tion that is— of which is to control erosion and sedimenta- ment, in accordance with this section, with a ‘‘(A) described in section 501(c) of the Internal tion. landowner for water obtained from an irrigation Revenue Code of 1986; and ‘‘(B) A water management element that pro- district, water district, or other similar govern- ‘‘(B) exempt from taxation under section vides 1 or more clear environmental or conserva- mental entity in the State of California. 501(a) of the Internal Revenue Code of 1986. tion benefits, the purpose of which is to provide ‘‘(9) PLANNING PROCESS.—The term ‘planning ‘‘(2) DISTRICT PROGRAMS.—All landowners for— process’ means actions taken by a council to de- participating in the program through member- ‘‘(i) the conservation, use, and quality of ship in a district or entity described in para- velop and carry out an effective area plan in a water, including irrigation and rural water sup- designated area, including development of the graph (1) shall be willing participants in the plies; program. area plan, goals, purposes, policies, implementa- ‘‘(ii) the mitigation of floods and high water tion activities, evaluations and reviews, and the ‘‘(l) GROUNDWATER.—A right to groundwater tables; shall not be subject to any provision of this sec- opportunity for public participation in the ac- ‘‘(iii) the repair and improvement of res- tions. tion unless the right is granted— ervoirs; ‘‘(1) under applicable State law; and ‘‘(10) PROJECT.—The term ‘project’ means a ‘‘(iv) the improvement of agricultural water project that is carried out by a council to ‘‘(2) through a groundwater water rights proc- management; and ess that is fully integrated with the surface achieve any of the elements of an area plan. ‘‘(v) the improvement of water quality. ‘‘(11) SECRETARY.—The term ‘Secretary’ means water rights process of the applicable affected ‘‘(C) A community development element, the the Secretary of Agriculture. State. purpose of which is to improve— ‘‘(12) STATE.—The term ‘State’ means— ‘‘(m) PROHIBITION ON FEDERAL PURCHASE, ‘‘(i) the development of resources-based indus- ‘‘(A) any State; LEASE, AND RETENTION OF WATER RIGHTS.—No tries; ‘‘(B) the District of Columbia; or water rights under this section shall be pur- ‘‘(ii) the protection of rural industries from ‘‘(C) any territory or possession of the United chased, leased, or held by the Secretary or any natural resource hazards; States. other officer or agent of the Federal Govern- ‘‘(iii) the development of adequate rural water ‘‘(13) TECHNICAL ASSISTANCE.—The term ‘tech- ment. and waste disposal systems; nical assistance’ means any service provided by ‘‘(n) EXEMPTION FOR CERTAIN STATES.—This ‘‘(iv) the improvement of recreation facilities; the Secretary or agent of the Secretary, section shall not apply to the States of Nebraska ‘‘(v) the improvement in the quality of rural including— and North Dakota. housing; ‘‘(A) inventorying, evaluating, planning, de- ‘‘(o) FUNDING.— ‘‘(vi) the provision of adequate health and signing, supervising, laying out, and inspecting ‘‘(1) IN GENERAL.—Of the funds of the Com- education facilities; projects; modity Credit Corporation, the Secretary shall ‘‘(vii) the satisfaction of essential transpor- ‘‘(B) providing maps, reports, and other docu- make available to carry out this section— tation and communication needs; and ments associated with the services provided; ‘‘(A) $25,000,000 for fiscal year 2002; ‘‘(viii) the promotion of food security, eco- ‘‘(C) providing assistance for the long-term ‘‘(B) $52,000,000 for fiscal year 2003; and nomic development, and education. implementation of area plans; and ‘‘(C) $100,000,000 for each of fiscal years 2004 ‘‘(D) A land management element, the purpose ‘‘(D) providing services of an agency of the through 2006. of which is— Department of Agriculture to assist councils in ‘‘(2) LIMITATION ON EXPENDITURES.—For any ‘‘(i) energy conservation, including the pro- developing and carrying out area plans. fiscal year, a State may expend not more than duction of energy crops; ‘‘SEC. 1529. RESOURCE CONSERVATION AND DE- 75 percent of the funds made available to the ‘‘(ii) the protection of agricultural land, as VELOPMENT PROGRAM. State under the program to pay— appropriate, from conversion to other uses; ‘‘The Secretary shall establish a resource con- ‘‘(A) the cost of converting from production of ‘‘(iii) farmland protection; and servation and development program under a water-intensive crop to a crop that requires ‘‘(iv) the protection of fish and wildlife habi- which the Secretary shall provide technical as- less water; or tats. sistance and financial assistance to councils to ‘‘(B) the cost of irrigation efficiency infra- ‘‘(2) BOARD.—The term ‘Board’ means the Re- develop and carry out area plans and projects structure and measures under subsection (f)(1). source Conservation and Development Policy in designated areas— ‘‘(3) MONITORING PROGRAM.—For each fiscal Advisory Board established under section ‘‘(1) to conserve and improve the use of land, year, of the funds made available under para- 1533(a). develop natural resources, and improve and en- graph (1), the Secretary shall use not more than ‘‘(3) COUNCIL.—The term ‘council’ means a hance the social, economic, and environmental $5,000,000 to carry out the monitoring program nonprofit entity (including an affiliate of the conditions in primarily rural areas of the United under subsection (e)(5). entity) operating in a State that is— States; and

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.007 pfrm01 PsN: S25PT1 S1042 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(2) to encourage and improve the capability ‘‘SEC. 1533. RESOURCE CONSERVATION AND DE- section 3 of the Endangered Species Act of 1973 of State, units of government, Indian tribes, VELOPMENT POLICY ADVISORY (16 U.S.C. 1532). nonprofit organizations, and councils to carry BOARD. ‘‘(b) ESTABLISHMENT.—In consultation with out the purposes described in paragraph (1). ‘‘(a) ESTABLISHMENT.—The Secretary shall es- the State technical committees established under ‘‘SEC. 1530. SELECTION OF DESIGNATED AREAS. tablish within the Department of Agriculture a section 1261 of the Food Security Act of 1985 (16 ‘‘The Secretary shall select designated areas Resource Conservation and Development Policy U.S.C. 3861), the Secretary shall establish the for assistance under this subtitle on the basis of Advisory Board. wildlife habitat incentive program. ‘‘(b) COMPOSITION.— the elements of area plans. ‘‘(c) COST-SHARE PAYMENTS.— ‘‘(1) IN GENERAL.—The Board shall be com- ‘‘SEC. 1531. POWERS OF THE SECRETARY. ‘‘(1) IN GENERAL.—Under the program, the posed of at least 7 employees of the Department Secretary shall make cost-share payments, and ‘‘In carrying out this subtitle, the Secretary of Agriculture selected by the Secretary. may— provide technical assistance, to landowners of ‘‘(2) CHAIRPERSON.—A member of the Board eligible land to develop and enhance wildlife ‘‘(1) provide technical assistance to any coun- shall be designated by the Secretary to serve as cil to assist in developing and implementing an habitat (including aquatic habitat) approved by chairperson of the Board. the Secretary. area plan for a designated area; ‘‘(c) DUTIES.—The Board shall advise the Sec- ‘‘(2) cooperate with other departments and ‘‘(2) ENDANGERED AND THREATENED SPECIES.— retary regarding the administration of this sub- agencies of the Federal Government, States, Of the funds made available to carry out this title, including the formulation of policies for local units of government, local Indian tribes, subsection, the Secretary shall use at least 15 carrying out this subtitle. and local nonprofit organizations in conducting percent to make cost-share payments to carry surveys and inventories, disseminating informa- ‘‘SEC. 1534. EVALUATION OF PROGRAM. out projects and activities relating to endan- tion, and developing area plans; ‘‘(a) IN GENERAL.—The Secretary, in consulta- gered species, threatened species, and sensitive ‘‘(3) assist in carrying out an area plan ap- tion with councils, shall evaluate the program species. proved by the Secretary for any designated area established under this subtitle to determine ‘‘(d) PILOT PROGRAM FOR ESSENTIAL PLANT by providing technical assistance and financial whether the program is effectively meeting the AND ANIMAL HABITAT.—Under the program, the assistance to any council; and needs of, and the purposes identified by, States, Secretary may establish procedures to use not ‘‘(4) enter into agreements with councils in ac- units of government, Indian tribes, nonprofit or- more than 15 percent of funds made available to cordance with section 1532. ganizations, and councils participating in, or acquire and enroll eligible land for periods of at ‘‘SEC. 1532. ELIGIBILITY; TERMS AND CONDI- served by, the program. least 15 years to protect and restore essential (as TIONS. ‘‘(b) REPORT.—Not later than June 30, 2005, determined by the Secretary) plant and animal ‘‘(a) ELIGIBILITY.—Technical assistance and the Secretary shall submit to the Committee on habitat. financial assistance may be provided by the Sec- Agriculture of the House of Representatives and ‘‘(e) ELIGIBLE PARTIES.—After consulting, to retary under this subtitle to any council to as- the Committee on Agriculture, Nutrition, and the maximum extent practicable, with State sist in carrying out a project specified in an Forestry of the Senate a report describing the wildlife officials, the Secretary may provide area plan approved by the Secretary only if— results of the evaluation, together with any rec- grants under this section to individuals and ‘‘(1) the council agrees in writing— ommendations of the Secretary for continuing, nonprofit organizations that lease public land. ‘‘(A) to carry out the project; and terminating, or modifying the program. ‘‘(f) NEXUS TO PRIVATE LAND.—Funds from a ‘‘(B) to finance or arrange for financing of ‘‘SEC. 1535. LIMITATION ON ASSISTANCE. grant provided under subsection (e) may be any portion of the cost of carrying out the ‘‘In carrying out this subtitle, the Secretary used, as determined by the Secretary, for a pur- project for which financial assistance is not pro- shall provide technical assistance and financial pose on public land if the purpose benefits pri- vided by the Secretary under this subtitle; assistance with respect to not more than 450 ac- vate land. ‘‘(2) the project is included in an area plan tive designated areas. ‘‘(g) FUNDING.—Of the funds of the Com- modity Credit Corporation, the Secretary shall and is approved by the council; ‘‘SEC. 1536. SUPPLEMENTAL AUTHORITY OF THE ‘‘(3) the Secretary determines that assistance SECRETARY. use to carry out this section (including the pro- is necessary to carry out the area plan; ‘‘The authority of the Secretary under this vision of technical assistance), to remain avail- ‘‘(4) the project provided for in the area plan subtitle to assist councils in the development able until expended— is consistent with any comprehensive plan for and implementation of area plans shall be sup- ‘‘(1) $50,000,000 for fiscal year 2002; the area; plemental to, and not in lieu of, any authority ‘‘(2) $225,000,000 for fiscal year 2003; ‘‘(3) $275,000,000 for fiscal year 2004; ‘‘(5) the cost of the land or an interest in the of the Secretary under any other provision of ‘‘(4) $325,000,000 for fiscal years 2005; land acquired or to be acquired under the plan law. by any State, local unit of government, Indian ‘‘(5) $355,000,000 for fiscal year 2006; and ‘‘SEC. 1537. AUTHORIZATION OF APPROPRIA- ‘‘(6) $50,000,000 for fiscal year 2007.’’. tribe, or local nonprofit organization is borne by TIONS. ‘‘SEC. 1240N. WATERSHED RISK REDUCTION. the State, local unit of government, Indian ‘‘(a) IN GENERAL.—There are authorized to be ‘‘(a) IN GENERAL.—The Secretary, acting tribe, or local nonprofit organization, respec- such sums as are necessary to carry out this through the Natural Resources Conservation tively; and subtitle. Service (referred to in this section as the ‘Sec- ‘‘(6) the State, local unit of government, In- ‘‘(b) LOANS.—The Secretary shall not use more retary’), in cooperation with landowners and dian tribe, or local nonprofit organization par- than $15,000,000 of any funds made available for land users, may carry out such projects and ac- ticipating in the area plan agrees to maintain a fiscal year to make loans under this subtitle. tivities (including the purchase of floodplain and operate the project. ‘‘(c) AVAILABILITY.—Funds appropriated to easements for runoff retardation and soil ero- ‘‘(b) LOANS.— carry out this subtitle shall remain available sion prevention) as the Secretary determines to ‘‘(1) IN GENERAL.—Subject to paragraphs (2) until expended.’’. and (3), a loan made under this subtitle shall be be necessary to safeguard lives and property made on such terms and conditions as the Sec- SEC. 217. WILDLIFE HABITAT INCENTIVE PRO- from floods, drought, and the products of ero- GRAM. retary may prescribe. sion on any watershed in any case in which (a) IN GENERAL.—Chapter 5 of subtitle D of ‘‘(2) TERM.—A loan for a project made under fire, flood, or any other natural occurrence has title XII of the Food Security Act of 1985 (16 this subtitle shall have a term of not more than caused, is causing, or may cause a sudden im- U.S.C. 3839bb et seq.) is amended to read as fol- 30 years after the date of completion of the pairment of that watershed. lows: project. ‘‘(b) PRIORITY.—In carrying out this section, ‘‘(3) INTEREST RATE.—A loan made under this ‘‘CHAPTER 5—OTHER CONSERVATION the Secretary shall give priority to any project subtitle shall bear interest at the average rate of PROGRAMS or activity described in subsection (a) that is interest paid by the United States on obligations ‘‘SEC. 1240M. WILDLIFE HABITAT INCENTIVE PRO- carried out on a floodplain adjacent to a major of a comparable term, as determined by the Sec- GRAM. river, as determined by the Secretary. retary of the Treasury. ‘‘(a) DEFINITIONS.—In this section: ‘‘(c) PROHIBITION ON DUPLICATIVE FUNDS.— ‘‘(c) APPROVAL BY SECRETARY.—Technical as- ‘‘(1) ENDANGERED SPECIES.—The term ‘endan- No project or activity under subsection (a) that sistance and financial assistance under this gered species’ has the meaning given the term in is carried out using funds made available under subtitle may not be made available to a council section 3 of the Endangered Species Act of 1973 this section may be carried out using funds to carry out an area plan unless the area plan (16 U.S.C. 1532). made available under any Federal disaster relief has been submitted to and approved by the Sec- ‘‘(2) PROGRAM.—The term ‘program’ means program administered by the Secretary relating retary. the wildlife habitat incentive program estab- to floods. ‘‘(d) WITHDRAWAL.—The Secretary may with- lished under subsection (b). ‘‘(d) FUNDING.—There is authorized to be ap- draw technical assistance and financial assist- ‘‘(3) SENSITIVE SPECIES.—The term ‘sensitive propriated to carry out this section $15,000,000 ance with respect to any area plan if the Sec- species’ has the meaning given the term ‘can- for each of fiscal years 2002 through 2006. retary determines that the assistance is no didate species’ within the meaning of section ‘‘SEC. 1240O. GREAT LAKES BASIN PROGRAM FOR longer necessary or that sufficient progress has 424.02(b) of title 50, Code of Federal Regulations SOIL EROSION AND SEDIMENT CON- not been made toward developing or imple- (or a successor regulation) or a species which TROL. menting the elements of the area plan. may become threatened or endangered if con- ‘‘(a) IN GENERAL.—The Secretary, in consulta- ‘‘(e) USE OF OTHER ENTITIES AND PERSONS.— servation actions are not taken to conserve that tion with the Great Lakes Commission created A council may use another person or entity to species. by Article IV of the Great Lakes Basin Compact assist in developing and implementing an area ‘‘(4) THREATENED SPECIES.—The term ‘threat- (82 Stat. 415) and in cooperation with the Ad- plan and otherwise carrying out this subtitle. ened species’ has the meaning given the term in ministrator of the Environmental Protection

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.007 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1043 Agency and the Secretary of the Army, may ‘‘(4) conserving and improving fish habitat (3), the Secretary may establish 2 grazing man- carry out the Great Lakes basin program for soil and aquatic systems through grazing land con- agement demonstration districts on the rec- erosion and sediment control (referred to in this servation treatment; ommendation of the grazing land conservation section as the ‘program’). ‘‘(5) protecting and improving water quality; initiative steering committee. ‘‘(b) ASSISTANCE.—In carrying out the pro- ‘‘(6) improving the dependability and consist- ‘‘(3) PROCEDURE.— gram, the Secretary may— ency of water supplies; ‘‘(A) PROPOSAL.—Within a reasonable time ‘‘(1) provide project demonstration grants, ‘‘(7) identifying and managing weed, noxious after the submission of a proposal of an organi- provide technical assistance, and carry out in- weed, and brush encroachment problems on pri- zation of farmers or ranchers engaged in graz- formation and education programs to improve vate grazing land; and ing in a district, subject to subparagraphs (B) water quality in the Great Lakes basin by re- ‘‘(8) integrating conservation planning and through (F), the Secretary establish a grazing ducing soil erosion and improving sediment con- management decisions by owners and managers management district in accordance with the pro- trol; and of private grazing land, on a voluntary basis. posal. ‘‘(2) provide a priority for projects and activi- ‘‘(c) DEFINITION OF PRIVATE GRAZING LAND.— ‘‘(B) FUNDING.—The terms and conditions of ties that directly reduce soil erosion or improve In this section, the term ‘private grazing land the funding and operation of the grazing man- sediment control. land’ means rangeland, pastureland, grazed for- agement district shall be proposed by the farm- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— est land, hay land, and any other non-federally ers and ranchers engaged in grazing in the dis- There is authorized to be appropriated to carry owned land that is— trict. out this section $5,000,000 for each of fiscal ‘‘(1) private; ‘‘(C) APPROVAL.—The Secretary shall approve years 2002 through 2006. ‘‘(2) owned by a State; or the proposal if the Secretary determines that the ‘‘SEC. 1240P. CONSERVATION OF PRIVATE GRAZ- ‘‘(3) under the jurisdiction of an Indian tribe. proposal— ING LAND. ‘‘(d) PRIVATE GRAZING LAND CONSERVATION AS- ‘‘(i) is reasonable; ‘‘(a) FINDINGS.—Congress finds that— SISTANCE.— ‘‘(ii) will promote sound grazing practices; ‘‘(1) private grazing land constitutes nearly 1⁄2 ‘‘(1) IN GENERAL.—Subject to the availability and of the non-Federal land of the United States of appropriations for this section, the Secretary ‘‘(iii) contains provisions similar to the provi- and is basic to the environmental, social, and shall establish a voluntary program to provide sions contained in the beef promotion and re- economic stability of rural communities; technical, educational, and related assistance to search order issued under section 4 of the Beef ‘‘(2) private grazing land contains a complex owners and managers of private grazing land Research and Information Act (7 U.S.C. 2903) in set of interactions among soil, water, air, plants, and public agencies, through local conservation effect on April 4, 1996. ‘‘(D) AREA INCLUDED.—The area proposed to and animals; districts, to enable the landowners, managers, be included in a grazing management district ‘‘(3) grazing land constitutes the single largest and public agencies to voluntarily carry out ac- shall be determined by the Secretary on the watershed cover type in the United States and tivities that are consistent with this section, basis of the proposal submitted by farmers or contributes significantly to the quality and including— quantity of water available for all of the many ‘‘(A) maintaining and improving private graz- ranchers under subparagraph (A). ‘‘(E) AUTHORIZATION.—The Secretary may use uses of the land; ing land and the multiple values and uses that authority under the Agricultural Adjustment ‘‘(4) private grazing land constitutes the most depend on private grazing land; Act (7 U.S.C. 601 et seq.), reenacted with amend- extensive wildlife habitat in the United States; ‘‘(B) implementing grazing land management ments by the Agricultural Marketing Agreement ‘‘(5) private grazing land can provide opportu- technologies; nities for improved nutrient management from ‘‘(C) managing resources on private grazing Act of 1937, to operate, on a demonstration land application of animal manures and other land, including— basis, a grazing management district. ‘‘(F) ACTIVITIES.—The activities of a grazing by-product nutrient resources; ‘‘(i) planning, managing, and treating private management district shall be scientifically ‘‘(6) landowners and managers of private grazing land resources; grazing land need to continue to recognize con- ‘‘(ii) ensuring the long-term sustainability of sound activities, as determined by the Secretary servation problems when the problems arise and private grazing land resources; in consultation with a technical advisory com- receive sound technical assistance to improve or ‘‘(iii) harvesting, processing, and marketing mittee composed of farmers, ranchers, and tech- conserve grazing land resources to meet ecologi- private grazing land resources; and nical experts. cal and economic demands; ‘‘(iv) identifying and managing weed, noxious ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(7) new science and technology must contin- weed, and brush encroachment problems; There is authorized to be appropriated to carry ually be made available in a practical manner so ‘‘(D) protecting and improving the quality out this section $60,000,000 for each of fiscal owners and managers of private grazing land and quantity of water yields from private graz- years 2002 through 2006. may make informed decisions concerning vital ing land; ‘‘SEC. 1240Q. GRASSROOTS SOURCE WATER PRO- grazing land resources; ‘‘(E) maintaining and improving wildlife and TECTION PROGRAM. ‘‘(8) agencies of the Department with private fish habitat on private grazing land; ‘‘(a) IN GENERAL.—The Secretary shall estab- grazing land responsibilities are the agencies ‘‘(F) enhancing recreational opportunities on lish a national grassroots water protection pro- that have the expertise and experience to pro- private grazing land; gram to more effectively use onsite technical as- vide technical assistance, education, and re- ‘‘(G) maintaining and improving the aesthetic sistance capabilities of each State rural water search to owners and managers of private graz- character of private grazing land; and association that, as of the date of enactment of ing land for the long-term productivity and eco- ‘‘(H) identifying the opportunities and en- this section, operates a wellhead or groundwater logical health of grazing land; couraging the diversification of private grazing protection program in the State. ‘‘(9) although competing demands on private land enterprises. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— grazing land resources are greater than ever be- ‘‘(2) PROGRAM ELEMENTS.— There is authorized to be appropriated to carry fore, assistance to private owners and managers ‘‘(A) FUNDING.—Funds may be used to carry out this section $5,000,000 for each of fiscal of private grazing land is limited and does not out this section only if the funds are provided years 2002 through 2006.’’. meet the demand and basic need for adequately through a specific line-item in the annual ap- (b) CONFORMING AMENDMENT.—Section 386 of sustaining or enhancing the private grazing propriations for the Natural Resources Con- the Federal Agriculture Improvement and Re- land resources; and servation Service. form Act of 1996 (16 U.S.C. 2005b) is repealed. ‘‘(10) private grazing land can be enhanced to ‘‘(B) TECHNICAL ASSISTANCE AND EDUCATION.— SEC. 218. FARMLAND PROTECTION PROGRAM. provide many benefits to all citizens of the Personnel of the Department of Agriculture (a) IN GENERAL.—Chapter 2 of the Food Secu- United States through voluntary cooperation trained in pasture and range management shall rity Act of 1985 (as added by section 201) is among owners and managers of the land, local be made available under the program to deliver amended by adding at the end the following: conservation districts, and the agencies of the and coordinate technical assistance and edu- ‘‘Subchapter B—Farmland Protection Department responsible for providing assistance cation to owners and managers of private graz- Program to owners and managers of land and to con- ing land, at the request of the owners and man- ‘‘SEC. 1238H. DEFINITIONS. servation districts. agers. ‘‘In this subchapter: ‘‘(b) PURPOSE.—The purpose of this section is ‘‘(e) GRAZING TECHNICAL ASSISTANCE SELF- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- to authorize the Secretary to provide a coordi- HELP.— ty’ means— nated technical, educational, and related assist- ‘‘(1) FINDINGS.—Congress finds that— ‘‘(A) any agency of any State or local govern- ance program to conserve and enhance private ‘‘(A) there is a severe lack of technical assist- ment or an Indian tribe (including a farmland grazing land resources and provide related bene- ance for farmers and ranchers that graze live- protection board or land resource council estab- fits to all citizens of the United States by— stock; lished under State law); or ‘‘(1) establishing a coordinated and coopera- ‘‘(B) Federal budgetary constraints preclude ‘‘(B) any organization that— tive Federal, State, tribal, and local grazing any significant expansion, and may force a re- ‘‘(i) is organized for, and at all times since the conservation program for management of pri- duction of, levels of technical support; and formation of the organization has been operated vate grazing land; ‘‘(C) farmers and ranchers have a history of principally for, 1 or more of the conservation ‘‘(2) strengthening technical, educational, and cooperatively working together to address com- purposes specified in clause (i), (ii), or (iii) of related assistance programs that provide assist- mon needs in the promotion of their products section 170(h)(4)(A) of the Internal Revenue ance to owners and managers of private grazing and in the drainage of wet areas through drain- Code of 1986; land; age districts. ‘‘(ii) is an organization described in section ‘‘(3) conserving and improving wildlife habitat ‘‘(2) ESTABLISHMENT OF GRAZING DEMONSTRA- 501(c)(3) of that Code that is exempt from tax- on private grazing land; TION DISTRICTS.—In accordance with paragraph ation under section 501(a) of that Code;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.007 pfrm01 PsN: S25PT1 S1044 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(iii) is described in section 509(a)(2) of that more than 25 percent of the fair market value of ‘‘(B) to create and record an appropriate deed Code; or the conservation easement or other interest in restriction in accordance with applicable State ‘‘(iv) is described in section 509(a)(3), and is eligible land. law to reflect the easement; controlled by an organization described in sec- ‘‘(iii) BIDDING DOWN.—If the Secretary deter- ‘‘(C) to provide a written statement of consent tion 509(a)(2), of that Code. mines that 2 or more applications for the pur- to the easement signed by persons holding a se- ‘‘(2) ELIGIBLE LAND.— chase of a conservation easement or other inter- curity interest or any vested interest in the ‘‘(A) IN GENERAL.—The term ‘eligible land’ est in eligible land described in section 1238I(a) land; means land on a farm or ranch that— are comparable in achieving the purposes of sec- ‘‘(D) to provide proof of unencumbered title to ‘‘(i)(I) has prime, unique, or other productive tion 1238I, the Secretary shall not assign a high- the underlying fee interest in the land that is soil; or er priority to any 1 of those applications solely the subject of the easement; and ‘‘(II) contains historical or archaeological re- on the basis of lesser cost to the farmland pro- ‘‘(E) to comply with the terms of the easement sources; and tection program established under section and restoration agreement; and ‘‘(ii) is subject to a pending offer for purchase 1238I(a). ‘‘(2) if the agreement is for a rental agreement from an eligible entity. ‘‘(B) MARKET VIABILITY CONTRIBUTIONS.—As described in section 1238N(b)(3)(C), that specifies ‘‘(B) INCLUSIONS.—The term ‘eligible land’ in- a condition of receiving a grant under section the terms and conditions applicable to— cludes, on a farm or ranch— 1238J, a grantee shall provide funds in an ‘‘(A) the Secretary; and ‘‘(i) cropland; amount equal to the amount of the grant.’’. ‘‘(B) the owner of the land. ‘‘(ii) rangeland; (c) CONFORMING AMENDMENT.— ‘‘(b) TERMS OF EASEMENT OF RENTAL AGREE- ‘‘(iii) grassland; (1) IN GENERAL.—Section 388 of the Federal MENT.—An easement or rental agreement under ‘‘(iv) pasture land; and Agriculture Improvement and Reform Act of subsection (a) shall— ‘‘(v) forest land that is part of an agricultural 1996 (16 U.S.C. 3830 note) is repealed. ‘‘(1) permit— operation, as determined by the Secretary. (2) EFFECT ON CONTRACTS.—The amendment ‘‘(A) grazing on the land in a manner that is ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ made by paragraph (1) shall have no effect on consistent with maintaining the viability of nat- has the meaning given the term in section 4 of any contract entered into under section 388 of ural grass, shrub, forb, and wildlife species in- the Indian Self-Determination and Education the Federal Agriculture Improvement and Re- digenous to that locality; Assistance Act (25 U.S.C. 450b). form Act of 1996 (16 U.S.C. 3830 note) that is in ‘‘(B) haying (including haying for seed pro- ‘‘(4) PROGRAM.—The term ‘program’ means effect as of the date of enactment of this Act. duction) or mowing, except during the nesting the farmland protection program established SEC. 219. GRASSLAND RESERVE PROGRAM. and brood-rearing seasons for birds in the area under section 1238I(a). Chapter 2 of the Food Security Act of 1985 (as that are in significant decline, as determined by ‘‘SEC. 1238I. FARMLAND PROTECTION. amended by section 218) is amended by adding the Natural Resources Conservation Service ‘‘(a) IN GENERAL.—The Secretary, acting at the end the following: State conservationist, or are protected Federal or State law; and through the Natural Resources Conservation ‘‘Subchapter C—Grassland Reserve Program Service, shall establish and carry out a farm- ‘‘(C) fire rehabilitation, construction of fire ‘‘SEC. 1238N. GRASSLAND RESERVE PROGRAM. land protection program under which the Sec- breaks, and fences (including placement of the ‘‘(a) ESTABLISHMENT.—The Secretary, acting retary shall purchase conservation easements or posts necessary for fences); through the Natural Resource Conservation other interests in eligible land that is subject to ‘‘(2) prohibit— Service, shall establish a grassland reserve pro- a pending offer from an eligible entity for the ‘‘(A) the production of row crops, fruit trees, gram (referred to in this subchapter as the ‘pro- purpose of protecting topsoil by limiting non- vineyards, or any other agricultural commodity gram’) to assist owners in restoring and pro- agricultural uses of the land. that requires breaking the soil surface; and tecting eligible land described in subsection (c). ‘‘(B) except as permitted under paragraph ‘‘(b) CONSERVATION PLAN.—Any highly erod- ‘‘(b) ENROLLMENT CONDITIONS.— ible cropland for which a conservation easement (1)(C), the conduct of any other activities that ‘‘(1) IN GENERAL.—The Secretary shall enroll or other interest is purchased under this sub- would disturb the surface of the land covered by in the program, from willing owners, not less the easement, including— chapter shall be subject to the requirements of a than— conservation plan that requires, at the option of ‘‘(i) plowing; and ‘‘(A) 100 contiguous acres of land west of the ‘‘(ii) disking; and the Secretary, the conversion of the cropland to 98th meridian; or ‘‘(3) include such additional provisions as the less intensive uses. ‘‘(B) except as provided in paragraph (2), 40 Secretary determines are appropriate to carry ‘‘SEC. 1238J. MARKET VIABILITY PROGRAM. contiguous acres of land east of the 98th merid- out this subchapter or to facilitate the adminis- ‘‘For each year for which funds are made ian. tration of this subchapter. available to carry out this subchapter, the Sec- ‘‘(2) MAXIMUM ENROLLMENT.—The total num- ‘‘(c) EVALUATION AND RANKING OF EASEMENT retary may use not more than $10,000,000 to pro- ber of acres enrolled in the program shall not AND RENTAL AGREEMENT APPLICATIONS.— vide matching market viability grants and tech- exceed 2,000,000 acres, of which not more than ‘‘(1) IN GENERAL.—The Secretary, in conjunc- nical assistance to farm and ranch operators 500,000 acres shall be available for enrollment of tion with State technical committees, shall es- that participate in the program.’’. tracts of native grassland of 40 acres or less that tablish criteria to evaluate and rank applica- (b) FUNDING.—Section 1241 of the Food Secu- are located east of the 98th meridian. tions for easements and rental agreements under rity Act of 1985 (16 U.S.C. 3841) (as amended by ‘‘(3) METHODS OF ENROLLMENT.—The Sec- this subchapter. section 202) is amended by adding at the end the retary shall enroll land in the program ‘‘(2) CRITERIA.—In establishing the criteria, following: through— the Secretary shall emphasize support for graz- ‘‘(d) FARMLAND PROTECTION PROGRAM.— ‘‘(A) permanent easements or 30-year ease- ing operations, plant and animal biodiversity, ‘‘(1) IN GENERAL.—Of the funds of the Com- ments; and grassland and land containing shrubs or modity Credit Corporation, the Secretary shall ‘‘(B) in a State that imposes a maximum dura- forb under the greatest threat of conversion. use to carry out subchapter B of chapter 2 (in- tion for such an easement, an easement for the ‘‘(d) RESTORATION AGREEMENTS.— cluding the provision of technical assistance), to maximum duration allowed under State law; or ‘‘(1) IN GENERAL.—The Secretary shall pre- remain available until expended— ‘‘(C) a 30-year rental agreement. scribe the terms of a restoration agreement by ‘‘(A) $150,000,000 in fiscal year 2002; ‘‘(c) ELIGIBLE LAND.—Land shall be eligible to which grassland and shrubland subject to an ‘‘(B) $250,000,000 in fiscal year 2003; be enrolled in the program if the Secretary de- easement or rental agreement entered into under ‘‘(C) $400,000,000 in fiscal year 2004; termines that the land is private land that is— the program shall be restored. ‘‘(D) $450,000,000 in fiscal year 2005; ‘‘(1) natural grassland (including prairie and ‘‘(2) REQUIREMENTS.—The restoration agree- ‘‘(E) $500,000,000 in fiscal year 2006; and land that contains shrubs or forb) that is indige- ment shall describe the respective duties of the ‘‘(F) $100,000,000 in fiscal year 2007. nous to the locality; owner and the Secretary (including paying the ‘‘(2) COST SHARING.— ‘‘(2) land that— share of the cost of restoration provided by the ‘‘(A) FARMLAND PROTECTION.— ‘‘(A) is located in an area that has been his- Secretary and the provision of technical assist- ‘‘(i) SHARE PROVIDED UNDER THIS SUB- torically dominated by natural grassland; and ance). SECTION.—The share of the cost of purchasing a ‘‘(B) has potential to serve as habitat for ani- ‘‘(e) VIOLATIONS.— conservation easement or other interest in eligi- mal or plant populations of significant ecologi- ‘‘(1) IN GENERAL.—On the violation of the ble land described in section 1238I(a) provided cal value if the land is restored to a natural terms or conditions of an easement, rental under this subsection shall not exceed 50 percent condition; or agreement, or restoration agreement entered into of the appraised fair market value of the con- ‘‘(3) land that is incidental to land described under this section— servation easement or other interest in eligible in paragraph (1) or (2), if the incidental land is ‘‘(A) the easement or rental agreement shall land. determined by the Secretary to be necessary for remain in force; and ‘‘(ii) SHARE NOT PROVIDED UNDER THIS SUB- the efficient administration of an easement. ‘‘(B) the Secretary may require the owner to SECTION.—As part of the share of the cost of ‘‘SEC. 1238O. EASEMENTS AND AGREEMENTS. refund all or part of any payments received by purchasing a conservation easement or other in- ‘‘(a) IN GENERAL.—To be eligible to enroll the owner under this subchapter, with interest terest in eligible land described in section land in the program, the owner of the land shall on the payments as determined appropriate by 1238I(a) that is not provided under this sub- enter into an agreement with the Secretary— the Secretary. section, an eligible entity may include a chari- ‘‘(1) if the agreement is for an easement— ‘‘(2) PERIODIC INSPECTIONS.— table donation by the private landowner from ‘‘(A) to grant an easement that applies to the ‘‘(A) IN GENERAL.—After providing notice to which the eligible land is to be purchased of not land to the Secretary; the owner, the Secretary shall conduct periodic

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.007 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1045 inspections of land subject to easements and this subchapter shall be in addition to, and not ‘‘Subtitle G—State Technical Committees rental agreements under this subchapter to en- affect, the total amount of payments that the ‘‘SEC. 1261. ESTABLISHMENT. sure compliance with the terms of the easement, owner is otherwise eligible to receive under other ‘‘(a) IN GENERAL.—The Secretary shall estab- rental agreement, and applicable restoration Federal laws (except for funds provided to lish in each State a technical committee to assist agreement. achieve similar purposes). the Secretary in the technical considerations re- ‘‘(B) LIMITATION.—The Secretary may not ‘‘(g) REGULATIONS.—Not later than 180 days lating to implementation of any private land prohibit the owner, or a representative of the after the date of enactment of this subchapter, conservation program administered by the Sec- owner, from being present during a periodic in- the Secretary shall promulgate such regulations retary. spection. as are necessary to carry out this subchapter. ‘‘(b) STANDARDS.—Not later than 180 days ‘‘SEC. 1238P. DUTIES OF SECRETARY. ‘‘SEC. 1238Q. DELEGATION TO PRIVATE ORGANI- after the date of enactment of the Agriculture, ZATIONS. ‘‘(a) IN GENERAL.—In return for the granting Conservation, and Rural Enhancement Act of ‘‘(a) IN GENERAL.—The Secretary may permit of an easement, or the execution of a rental 2002, the Secretary shall develop standards to be a private conservation or land trust organiza- agreement, by an owner under this subchapter, used by each State technical committee in the tion (referred to in this section as a ‘private or- the Secretary shall, in accordance with this development of technical guidelines under sec- ganization’) or a State agency to hold and en- section— tion 1262(b) for the implementation of the con- force an easement under this subchapter, in lieu servation programs under this title. ‘‘(1) make easement or rental agreement pay- of the Secretary, subject to the right of the Sec- ments; ‘‘(c) COMPOSITION.—Each State technical com- retary to conduct periodic inspections and en- mittee established under subsection (a) shall be ‘‘(2) pay a share of the cost of restoration; force the easement, if— and composed of professional resource managers that ‘‘(1) the Secretary determines that granting represent a variety of disciplines in the soil, ‘‘(3) provide technical assistance to the owner. the permission will promote grassland and water, wetland, forest, and wildlife sciences, in- ‘‘(b) PAYMENT SCHEDULE.— shrubland protection; cluding representatives from among— ‘‘(1) EASEMENT PAYMENTS.— ‘‘(2) the owner authorizes the private organi- ‘‘(1) the Natural Resources Conservation Serv- ‘‘(A) AMOUNT.—In return for the granting of zation or State agency to hold and enforce the ice (a representative of which shall serve as an easement by an owner under this subchapter, easement; and the Secretary shall make easement payments to ‘‘(3) the private organization or State agency Chair of the Committee); ‘‘(2) the Farm Service Agency; the owner in an amount equal to— agrees to assume the costs incurred in admin- ‘‘(3) the Forest Service; ‘‘(i) in the case of a permanent easement, the istering and enforcing the easement, including ‘‘(4) the Extension Service; fair market value of the land less the grazing the costs of restoration or rehabilitation of the ‘‘(5) the Fish and Wildlife Service; value of the land encumbered by the easement; land as specified by the owner and the private ‘‘(6) such State departments and agencies as and organization or State agency. the Secretary determines to be appropriate, ‘‘(ii) in the case of a 30-year easement or an ‘‘(b) APPLICATION.—A private organization or including— easement for the maximum duration allowed State agency that seeks to hold and enforce an ‘‘(A) a State fish and wildlife agency; under applicable State law, 30 percent of the easement under this subchapter shall apply to ‘‘(B) a State forester or equivalent State offi- fair market value of the land less the grazing the Secretary for approval. cial; value of the land for the period during which ‘‘(c) APPROVAL BY SECRETARY.—The Secretary ‘‘(C) a State water resources agency; the land is encumbered by the easement. may approve a private organization to hold and ‘‘(D) a State department of agriculture; ‘‘(B) SCHEDULE.—Easement payments may be enforce an easement under this subchapter if (as ‘‘(E) a State soil conservation agency; ‘‘(F) a State association of soil and water con- provided in not less than 1 payment nor more determined by the Secretary) the private servation districts; and than 10 annual payments of equal or unequal organization— ‘‘(1)(A) is an organization described in section ‘‘(G) land grant colleges and universities; amount, as agreed to by the Secretary and the ‘‘(7) other individuals or agency personnel owner. 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section with expertise in soil, water, wetland, and wild- ‘‘(2) RENTAL AGREEMENT PAYMENTS.— 501(a) of that Code; or life or forest management as the Secretary deter- ‘‘(A) AMOUNT.—If an owner enters into a 30- ‘‘(B) is described in section 509(a)(3), and is mines to be appropriate; year rental agreement authorized under section controlled by an organization described in sec- ‘‘(8) agricultural producers with demonstrable 1238N(b)(3)(C), the Secretary shall make 30 an- tion 509(a)(2), of that Code; conservation expertise; nual rental payments to the owner in an ‘‘(2) has the relevant experience necessary to ‘‘(9) nonprofit organizations with demon- amount that equals, to the maximum extent administer grassland and shrubland easements; strable conservation or forestry expertise; practicable, the 30-year easement payment ‘‘(3) has a charter that describes the commit- ‘‘(10) persons knowledgeable about conserva- amount under paragraph (1)(A)(ii). ment of the private organization to conserving tion or forestry techniques; and ‘‘(B) ASSESSMENT.—Not less than once every 5 ranchland, agricultural land, or grassland for ‘‘(11) agribusinesses. years throughout the 30-year rental period, the grazing and conservation purposes; and ‘‘SEC. 1262. RESPONSIBILITIES. Secretary shall assess whether the value of the ‘‘(4) has the resources necessary to effectuate ‘‘(a) INFORMATION.— rental payments under subparagraph (A) the purposes of the charter. ‘‘(1) PROVISION.— equals, to the maximum extent practicable, the ‘‘(d) REASSIGNMENT.— ‘‘(A) IN GENERAL.—Each State technical com- total amount of 30-year easement payments as ‘‘(1) IN GENERAL.—If a private organization mittee established under section 1261 shall meet of the date of the assessment. holding an easement on land under this sub- regularly to provide information, analyses, and ‘‘(C) ADJUSTMENT.—If on completion of the chapter terminates, not later than 30 days after recommendations to the Secretary. assessment under subparagraph (B), the Sec- termination of the private organization, the ‘‘(B) MANNER; FORM.—Information, analyses, retary determines that the rental payments do owner of the land shall reassign the easement and recommendations described in subpara- not equal, to the maximum extent practicable, to— graph (A) shall— the value of payments under a 30-year ease- ‘‘(A) a new private organization that is ap- ‘‘(i) be provided in writing, in a manner that ment, the Secretary shall adjust the amount of proved by the Secretary; or assists the Secretary in determining matters of the remaining payments to equal, to the max- ‘‘(B) the Secretary. fact, technical merit, or scientific question; and ‘‘(2) NOTIFICATION OF SECRETARY.— ‘‘(ii) reflect the best professional information imum extent practicable, the value of a 30-year ‘‘(A) IN GENERAL.—If the easement is reas- and judgment of the committee. easement over the entire 30-year rental period. signed to a new private organization, not later ‘‘(2) COORDINATION.—The Secretary shall co- OST OF RESTORATION.—The Secretary ‘‘(c) C than 60 days after the date of reassignment, the ordinate activities conducted under this section shall make payments to the owner of not more owner and the new organization shall notify the with activities conducted under section 1628 of than 75 percent of the cost of carrying out meas- Secretary in writing that a reassignment for ter- the Food, Agriculture, Conservation, and Trade ures and practices necessary to restore grass- mination has been made. Act of 1990 (7 U.S.C. 5831). land and shrubland functions and values. ‘‘(B) FAILURE TO NOTIFY.—If the owner and ‘‘(3) PUBLIC PARTICIPATION.—Each State tech- ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary the new organization fail to notify the Secretary nical committee shall— shall provide owners with technical assistance of the reassignment in accordance with sub- ‘‘(A) provide public notice of, and permit pub- to execute easement documents and restore the paragraph (A), the easement shall revert to the lic attendance at, meetings considering issues of grassland and shrubland. control of the Secretary.’’. concern related to any program under this title; ‘‘(e) PAYMENTS TO OTHERS.—If an owner that (b) FUNDING.—Section 1241 of the Food Secu- and is entitled to a payment under this subchapter rity Act of 1985 (16 U.S.C. 3841) (as amended by ‘‘(B) distribute meeting minutes to each per- dies, becomes incompetent, is otherwise unable section 218(b)) is amended by adding at the end son attending a meeting described in subpara- to receive the payment, or is succeeded by an- the following: graph (A). other person who renders or completes the re- ‘‘(e) GRASSLAND RESERVE PROGRAM.—The Sec- ‘‘(4) COMMUNICATION.—Each State conserva- quired performance, the Secretary shall make retary shall use such sums of the Commodity tionist shall communicate regularly with mem- the payment, in accordance with regulations Credit Corporation as are necessary to carry out bers of the State technical committee concerning promulgated by the Secretary and without re- subchapter C of chapter 2 (including the provi- status of action on recommendations of the com- gard to any other provision of law, in such sion of technical assistance).’’. mittee. manner as the Secretary determines is fair and SEC. 220. STATE TECHNICAL COMMITTEES. ‘‘(b) OTHER DUTIES.—Each State technical reasonable in light of all the circumstances. Subtitle G of title XII of the Food Security Act committee shall provide assistance and offer rec- ‘‘(f) OTHER PAYMENTS.—Easement or rental of 1985 (16 U.S.C. 3861 et seq.) is amended to ommendations with respect to the technical as- agreement payments received by an owner under read as follows: pects of—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.008 pfrm01 PsN: S25PT1 S1046 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(1) wetland protection, restoration, and miti- (2) in subsection (d), by adding at the end the dowment Institute’’ (referred to in this section gation requirements; following: as the ‘‘Institute’’). ‘‘(2) criteria to be used in evaluating bids for ‘‘(3) USE OF SYMBOLS, SLOGANS, AND LOGOS.— (b) BOARD OF TRUSTEES.— enrollment of environmentally-sensitive land in ‘‘(A) IN GENERAL.—The Secretary may author- (1) IN GENERAL.—The Institute shall be head- the conservation reserve program established ize the Foundation to use, license, or transfer ed by a board of trustees composed of producers under subchapter B of chapter 1; symbols, slogans, and logos of the Department. and handlers of organically grown and proc- ‘‘(3) guidelines for haying or grazing and the ‘‘(B) INCOME.— essed agricultural commodities appointed by the control of weeds to protect nesting wildlife on ‘‘(i) IN GENERAL.—All revenue received by the Secretary. designated acreage relating to— Foundation from the use, licensing, or transfer (2) GEOGRAPHIC REPRESENTATION.—The mem- ‘‘(A) highly erodible land conservation under of symbols, slogans, and logos of the Depart- bership of the Board of Trustees shall reflect subtitle B; ment shall be transferred to the Secretary. equally each of the various regions in the ‘‘(B) wetland conservation under subtitle C; ‘‘(ii) CONSERVATION OPERATIONS.—The Sec- United States in which organically grown and or retary shall transfer all revenue received under processed agricultural commodities are pro- ‘‘(C) other conservation requirements clause (i) to the account within the Natural Re- duced. ‘‘(4) addressing common weed and pest prob- sources Conservation Service that is used to (c) DUTIES.—The duties of the Institute shall lems and programs to control weeds and pests carry out conservation operations.’’. be to aid the organically grown and processed found on acreage enrolled in the conservation agricultural commodities industry through the Subtitle C—Organic Farming reserve program; development and implementation of a plan for ‘‘(5) guidelines for planting perennial cover SEC. 231. ORGANIC AGRICULTURE RESEARCH organic products research described in sub- for water quality and wildlife habitat improve- TRUST FUND. section (d)(1). ment on designated land; (a) ESTABLISHMENT.—There is established in (d) IMPLEMENTATION OF PLAN.— ‘‘(6) establishing criteria and priorities for the Treasury of the United States a fund to be (1) IN GENERAL.—The board of trustees of the State initiatives under the environmental qual- known as the ‘‘Organic Agriculture Research Institute shall implement a plan for organic ity incentives program under chapter 4 of sub- Trust Fund’’ (referred to in this section as the products research, to be carried out using funds title D; ‘‘Fund’’), consisting of— made available to the board of trustees of the ‘‘(7) establishing State and local conservation (1) such amounts as are transferred to the Institute from the Organic Agriculture Research priorities under the conservation security pro- Fund under subsection (b); and Trust Fund established by section 231. gram under subchapter A of chapter 2 of subtitle (2) any interest earned on investment of (2) EXPANSION OF MARKETS.—In implementing D; amounts in the Fund under subsection (d). the plan described in paragraph (1), the board ‘‘(8) establishing and maintaining natural re- (b) TRANSFER TO FUND.—During fiscal year of trustees of the Institute shall provide a per- source indicators and conservation program 2003, the Commodity Credit Corporation shall manent system for funding research activities monitoring and evaluation systems; transfer $45,000,000 to the Fund, which shall re- (as defined in section 1672B of the Food, Agri- ‘‘(9) developing conservation program edu- main available until expended. culture, Conservation, and Trade Act of 1990 (7 cation and outreach activities; (c) EXPENDITURES FROM FUND.—On request U.S.C. 5925b). ‘‘(10) evaluating innovative practices and sys- by the Secretary of Agriculture, the Secretary of (e) COMPENSATION OF MEMBERS.—A member of tems under consideration for inclusion in the the Treasury shall transfer from the Fund to the the board of trustees of the Institute shall serve field office technical guides; and Secretary of Agriculture such amounts as the without compensation. ‘‘(11) other matters, as determined to be ap- Secretary of Agriculture determines are (f) TRAVEL EXPENSES.—To the extent rec- propriate by the Secretary. necessary— ommended by the board of trustees of the Insti- ‘‘(c) AUTHORITY.— (1) to carry out section 1672B of the Food, Ag- tute and approved by the Secretary of Agri- ‘‘(1) IN GENERAL.—Each State technical com- riculture, Conservation, and Trade Act of 1990 culture, a member of the board shall be allowed mittee established under section 1261 shall— (7 U.S.C. 5925b); and travel expenses, including per diem in lieu of ‘‘(A) serve in an advisory capacity; and (2) for the board of trustees of the National subsistence, at rates authorized for an employee ‘‘(B) have no implementation or enforcement Organic Research Endowment Institute estab- of an agency under subchapter I of chapter 57 authority. lished under section 232(a) (referred to in this of title 5, United States Code, while away from ‘‘(2) CONSIDERATION BY SECRETARY.—In car- subtitle as the ‘‘Institute’’) to implement a pro- the home or regular place of business of the rying out any program under this title, the Sec- gram of organic products research designed by member in the performance of the duties of the retary shall give strong consideration to the rec- the Institute and approved by the Secretary. Institute. ommendations of a State technical committee (d) INVESTMENT OF AMOUNTS.— Subtitle D—Regional Equity (including factual, technical, or scientific find- (1) IN GENERAL.— SEC. 241. ALLOCATION OF CONSERVATION FUNDS ings and recommendations relating to areas in (A) INVESTMENT.—The Secretary of the Treas- BY STATE. which the State technical committee bears re- ury shall invest such portion of the Fund as is (a) STATE ALLOCATION.— sponsibility). not, in the judgment of the Secretary of the (1) IN GENERAL.—To the maximum extent ‘‘(d) FACA REQUIREMENTS.—A State technical Treasury, required to meet current withdrawals. practicable, in each of fiscal years 2002 through committee established under section 1261 shall be (B) TYPES OF INVESTMENTS.—Investments may 2006, the Secretary of Agriculture (referred to in exempt from the Federal Advisory Committee be made only in— this section as the ‘‘Secretary’’), subject to re- Act (5 U.S.C. App.). (i) an obligation of the United States or an quirements of the conservation programs admin- ‘‘(e) ADVISORY SUBCOMMITTEES.— agency of the United States; istered by the Secretary, shall ensure that each ‘‘(1) IN GENERAL.—Any State or local work (ii) a general obligation of a State or a polit- State receives, at a minimum, the share of the group, task force, or other advisory body au- ical subdivision of a State; funds made available under this title (and thorized by any Federal law (including a regu- (iii) an interest-bearing account or certificate amendments made by this title) that equals, at lation) to advise the Secretary on issues that are of deposit of a bank that is a member of the Fed- a minimum, $12,000,000 for each State, for use in within the areas of responsibility of a State eral Reserve System; or accordance with paragraph (2), for purposes technical committee established under section (iv) an obligation fully guaranteed as to prin- consistent with this title. 1261 shall be considered to be a subcommittee of cipal and interest by the United States. (2) USE OF FUNDS.—Of the minimum amount the State technical committee. (2) ACQUISITION OF OBLIGATIONS.—For the made available to each State under paragraph ‘‘(2) COMPOSITION.—A person eligible to serve purpose of investments under paragraph (1), ob- (1)— on a State technical committee under section ligations may be acquired— (A) $5,000,000 shall be used in accordance with 1261(c) shall also be eligible to serve on 1 or more (A) on original issue at the issue price; or the environmental quality incentives program subcommittees of a State technical committee. (B) by purchase of outstanding obligations at under chapter 4 of subtitle D of title XII of the ‘‘(3) LOCAL WORKING GROUPS.—A local work- the market price. Food Security Act of 1985 (16 U.S.C. 3839aa et ing group shall be considered to be a sub- (3) SALE OF OBLIGATIONS.—Any obligation ac- seq.); and committee of a State technical committee estab- quired by the Fund may be sold by the Secretary (B) $7,000,000 shall be used in accordance with lished under section 1261.’’. of the Treasury at the market price. other conservation programs administered by SEC. 221. USE OF SYMBOLS, SLOGANS, AND (4) CREDITS TO FUND.—The interest and divi- the Secretary. LOGOS. dends on, and the proceeds from the sale or re- (3) UNUSED FUNDING.—Any funds made avail- Section 356 of the Federal Agriculture Im- demption of, any obligations, interest-bearing able for a fiscal year under paragraph (1) that provement Act of 1996 (16 U.S.C. 5801 et seq.) is accounts, or certificates of deposit held in the are not obligated by April 1 of the fiscal year amended— Fund shall be credited to and form a part of the may be used to carry out other activities under (1) in subsection (c)— Fund. subtitle D of title XII of the Food Security Act (A) by redesignating paragraphs (4) through SEC. 232. ESTABLISHMENT OF NATIONAL OR- of 1985 (16 U.S.C. 3801 et seq.). (7) as paragraphs (5) through (8), respectively; GANIC RESEARCH ENDOWMENT IN- Subtitle E—Miscellaneous and STITUTE. SEC. 261. CRANBERRY ACREAGE RESERVE PRO- (B) by inserting after paragraph (3) the fol- (a) IN GENERAL.—The Secretary of Agri- GRAM. lowing: culture, in consultation with the National Or- (a) DEFINITIONS.—In this section: ‘‘(4) on the written approval of the Secretary, ganic Standards Board, shall establish in the (1) ELIGIBLE AREA.—The term ‘‘eligible area’’ to use, license, or transfer symbols, slogans, and Department of Agriculture an institute to be means a wetland or buffer strip adjacent to a logos of the Department;’’; and known as the ‘‘National Organic Research En- wetland that, as determined by the Secretary—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.008 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1047 (A)(i) is used, and has a history of being used, eral programs administered by the Secretary of (3) hold meetings at least once every 3 months for the cultivation of cranberries; or the Interior and Secretary of Commerce in car- in the Klamath Basin with opportunities for (ii) is an integral component of a cranberry- rying out the purposes described in paragraph stakeholder participation. growing operation; (3). (e) FUNDING.— (B) is located in an environmentally sensitive (5) GRANT PROGRAM.— (1) IN GENERAL.—To carry out the purposes area. (A) IN GENERAL.—The Task Force shall estab- described in subsection (b)(3), the Secretary (2) SECRETARY.—The term ‘‘Secretary’’ means lish a grant program (including appropriate shall use $175,000,000 of the funds of the Com- the Secretary of Agriculture. cost-sharing, monitoring, and enforcement re- modity Credit Corporation for the period of fis- (b) PROGRAM.—The Secretary shall establish a quirements) under which the Secretary of Agri- cal years 2003 through 2006, of which— program to purchase permanent easements in el- culture, the Secretary of the Interior, or the Sec- (A) $15,000,000 shall be made available to the igible areas from willing sellers. retary of Commerce may enter into 1 or more Klamath, Hoopa, Yurok, and Karuk Tribes for use in the State of California; and (c) PURCHASE PRICE.—The Secretary shall en- agreements or contracts with non-Federal enti- (B) $15,000,000 shall be made available to sure, to the maximum extent practicable, that ties, Indian tribes (as defined in section 4 of the those Tribes for use in the State of Oregon. each easement purchased under this section is Indian Self-Determination and Education As- (2) FUNDS MADE AVAILABLE TO THE TRIBES.— for an amount that appropriately reflects the sistance Act (25 U.S.C. 450b)), environmental or- (A) IN GENERAL.—The funds made available to range of values for agricultural and non- ganizations, and water districts in the Klamath the Tribes under paragraph (1) shall be for agricultural land in the region in which the eli- Basin to carry out the purposes described in projects for specific habitat improvement related gible area subject to the easement is located (in- paragraph (3). to the recovery of threatened and endangered cluding whether that land is located in 1 or (B) CONTRACT TERMS.—An agreement or con- species to be carried out by the appropriate trib- more environmentally sensitive areas, as deter- tract under subparagraph (A) shall— al natural resources department, consistent with mined by the Secretary). (i) specify the responsibilities of the entity and the purposes of this section. (d) AUTHORIZATION OF APPROPRIATIONS.— the Secretary under the agreement or contract; (B) REPORTS.—The Tribes shall provide a bi- There is authorized to be appropriated to carry (ii) provide for such cost-sharing as the Sec- ennial report to the Task Force on expenditures out this section $10,000,000. retary considers appropriate; and of funds during the period covered by the re- SEC. 262. KLAMATH BASIN. (iii) include mechanisms for monitoring and port. enforcement requirements. (a) DEFINITIONS.—In this section: (3) OTHER FUNDS.—The funds made available (c) REPORT AND PLAN.— (1) SECRETARY.—The term ‘‘Secretary’’ means under paragraph (1) shall be in addition to (1) DEVELOPMENT.— the Secretary of Agriculture. funds available to the States of California and (A) REPORT.—Not later than 180 days after (2) TASK FORCE.—The term ‘‘Task Force’’ Oregon under other provisions of this Act (in- the date of enactment of this Act, the Task means the Klamath Basin Interagency Task cluding amendments made by this Act). Force, after soliciting input from the States of Force established under subsection (b). (4) UNUSED FUNDING.—Any funds made avail- California and Oregon, local public agencies, (b) INTERAGENCY TASK FORCE.— able for a fiscal year under paragraph (1) that Indian tribes, Klamath Project districts, envi- (1) ESTABLISHMENT.— are not obligated by April 1, 2006, may be used ronmental organizations, and the stakeholder (A) IN GENERAL.—The Secretary of Agri- to carry out other activities under subtitle D of community, shall issue a report that— culture, in conjunction with the Secretary of the title XII of the Food Security Act of 1985 (16 (i) considers the impacts of the biological as- U.S.C. 3801 et seq.). Interior, shall establish the Klamath Basin sessment, the biological opinion, activities of the Interagency Task Force. (5) EXPIRATION OF AUTHORITY TO OBLIGATE Upper Klamath Basin Working Group, activities FUNDS.—The Secretary may not obligate funds (B) APPROVAL OF MEMBER.—A decision of the of the Pacific Fisheries Restoration Task Force, made available under this subsection after Sep- Task Force that affects any area under the ju- State water adjudications, and the resolution of risdiction of a member of the Task Force de- tember 30, 2006. tribal rights, that may affect actions of the Task (f) SAVINGS PROVISION.—Nothing in this sec- scribed in paragraph (2) shall not be imple- Force; and tion regarding the Klamath Basin affects any mented without the consent of the member. (ii) includes a description of Federal spending right or obligation of any party under any trea- (2) MEMBERSHIP.—The Task Force shall in- in the Klamath Basin for fiscal years 2000, 2001, ty or any other provision of Federal or State clude representatives of— and 2002. law. (A) the Department of Agriculture, (B) DRAFT PLAN.—Not later than 60 days after (g) COOPERATIVE AGREEMENTS.—Notwith- including— completion of the report under subparagraph standing the Federal Grant and Cooperative (i) the Natural Resources Conservation Serv- (A), the Task Force shall develop, and provide Agreement Act of 1977 (41 U.S.C. 501 et seq.), the ice; and public notice of and an opportunity for comment Secretary may enter into cooperative agreements (ii) the Farm Service Agency; on, a draft 5-year plan to perform the duties of under this section. (B) the Department of the Interior, the Task Force under subsection (b)(3). including— TITLE III—TRADE (C) FINAL PLAN.—Not later than 1 year after Subtitle A—Agricultural Trade Development (i) the United States Fish and Wildlife Serv- the date of enactment of this Act, the Task ice; and Assistance Act of 1954 and Related Force shall finalize the plan described in sub- Statutes (ii) the Bureau of Reclamation; and paragraph (B). SEC. 301. UNITED STATES POLICY. (iii) the Bureau of Indian Affairs; (2) MATTERS TO BE CONSIDERED.—In devel- Section 2(2) of the Agricultural Trade Devel- (C) the Department of Commerce, including oping the plan under paragraph (1), the Task opment and Assistance Act of 1954 (7 U.S.C. the National Marine Fisheries Service; Force shall consider— (D) the Council on Environmental Quality; (A) the use of water conservation easements 1691(2)) is amended by inserting before the semi- (E) the Federal Energy Regulatory Commis- by voluntary participants; colon at the end the following: ‘‘and conflict sion; (B) purchase of agricultural land from willing prevention’’. (F) the Environmental Protection Agency; and sellers, with priority given to land that will en- SEC. 302. PROVISION OF AGRICULTURAL COM- (G) the United States Geological Survey. hance natural water storage capabilities; MODITIES. Section 202 of the Agricultural Trade Develop- (3) DUTIES.—The Task Force shall use con- (C) benefits to the agricultural economy ment and Assistance Act of 1954 (7 U.S.C. 1722) servation programs of the Department of Agri- through incentives for the use of irrigation effi- is amended— culture and other Federal programs in the ciency, water conservation, or other agricultural (1) in subsection (b), by adding at the end the Klamath Basin in Oregon and California for the practices; purposes of— following: (D) wetland restoration; ‘‘(3) PROGRAM DIVERSITY.—The Administrator (A) promoting agricultural production and en- (E) feasibility studies for alternative water vironmental quality as compatible Klamath shall— storage, water conservation, demand reduction, ‘‘(A) encourage eligible organizations to pro- Basin goals; and restoration of endangered species; pose and implement program plans to address 1 (B) water conservation and improved agricul- (F) improvement of upper Klamath Basin wa- or more aspects of the program under section tural practices; tershed and water quality; 201; and (C) aquatic ecosystem restoration; (G) improvement of habitat in the Tule Lake ‘‘(B) consider proposals that incorporate a va- (D) improvement of water quality and quan- National Wildlife Refuge, the Lower Klamath riety of program objectives and strategic plans tity; National Wildlife Refuge, and the Upper Klam- based on the identification by eligible organiza- (E) recovery and enhancement of endangered ath Lake National Wildlife Refuge; and tions of appropriate activities to assist develop- species, including anadromous fish species and (H) fish screening and water metering. ment in foreign countries.’’; resident fish species; and (d) COOPERATION WITH NON-FEDERAL ENTI- (2) in subsection (e)(1), by striking ‘‘not less (F) restoration of the national wildlife ref- TIES.—In carrying out the duties of the Task than $10,000,000, and not more than uges. Force under this section, the Task Force shall— $28,000,000,’’ and inserting ‘‘not less than 5 per- (4) COOPERATIVE AGREEMENT.—The Secretary (1) consult with— cent nor more than 10 percent of the funds’’; of Agriculture, Secretary of the Interior, and (A) environmental, fishing, and agricultural and Secretary of Commerce shall enter into a cooper- interests; and (3) by adding at the end the following: ative agreement to— (B) on a government-to-government basis, the ‘‘(h) CERTIFIED INSTITUTIONAL PARTNERS.— (A) provide funding to the Task Force; and Klamath, Hoopa, Yurok, and Karuk Tribes; ‘‘(1) IN GENERAL.—The Administrator or the (B) use conservation programs administered (2) provide appropriate opportunities for pub- Secretary, as applicable, shall promulgate regu- by the Secretary of Agriculture and other Fed- lic participation; and lations and issue guidelines to permit private

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.008 pfrm01 PsN: S25PT1 S1048 CONGRESSIONAL RECORD — SENATE February 25, 2002 voluntary organizations and cooperatives to be SEC. 307. ADMINISTRATION. (1) in subsection (b)— certified as institutional partners. Section 207 of the Agricultural Trade Develop- (A) by striking ‘‘The Secretary’’ and inserting ‘‘(2) REQUIREMENTS.—To become a certified ment and Assistance Act of 1954 (7 U.S.C. 1726a) the following: institutional partner, a private voluntary orga- is amended— ‘‘(1) IN GENERAL.—In carrying out this Act, nization or cooperative shall submit to the Ad- (1) in subsection (a)— the Secretary’’; and ministrator evidence of organizational capacity (A) by redesignating paragraph (2) as para- (B) by adding at the end the following: that describes— graph (3); and ‘‘(2) CURRENCIES.—Sales of commodities de- ‘‘(A) the financial, programmatic, commodity (B) by striking paragraph (1) and inserting scribed in paragraph (1) may be in United States management, and auditing abilities and prac- the following: dollars or in a different currency.’’; tices of the organization or cooperative; and ‘‘(1) RECIPIENT COUNTRIES.—A proposal to (2) in subsection (e)— ‘‘(B) the capacity of the organization or coop- enter into a nonemergency food assistance (A) by striking ‘‘In carrying’’ and inserting erative to carry out projects in particular coun- agreement under this title shall identify the re- the following: tries. cipient country or countries that are the subject ‘‘(1) IN GENERAL.—In carrying’’; and ‘‘(3) MULTI-COUNTRY PROPOSALS.—A certified of the agreement. (B) by adding at the end the following: institutional partner shall be eligible to— ‘‘(2) TIMING.—Not later than 120 days after ‘‘(2) SALE PRICE.—Sales of commodities de- ‘‘(A) submit a single proposal for 1 or more the date of submission to the Administrator of a scribed in paragraph (1) shall be made at a rea- countries in which the certified institutional proposal submitted by an eligible organization sonable market price in the economy where the partner has already demonstrated organiza- under this title, the Administrator shall deter- commodity is to be sold, as determined by the tional capacity; and mine whether to accept the proposal.’’; Secretary or the Administrator, as appro- ‘‘(B) receive expedited review of the pro- (2) in subsection (b), by striking ‘‘guideline’’ priate.’’; and posal.’’. each place it appears and inserting ‘‘guideline (3) by adding at the end the following: or policy determination’’; and ‘‘(l) SALE PROCEDURE.—Subsections (b)(2) and SEC. 303. GENERATION AND USE OF CURRENCIES (3) by adding at the end the following: BY PRIVATE VOLUNTARY ORGANIZA- (e)(2) shall apply to sales of commodities in re- ‘‘(e) TIMELY APPROVAL.— TIONS AND COOPERATIVES. ‘‘(1) IN GENERAL.—The Administrator shall fi- cipient countries to generate proceeds to carry Section 203 of the Agricultural Trade Develop- nalize program agreements and resource re- out projects under— ment and Assistance Act of 1954 (7 U.S.C. 1723) quests for programs under this section before the ‘‘(1) section 416(b) of the Agricultural Act of is amended— beginning of each fiscal year. 1949 (7 U.S.C. 1431(b)); and (1) in the section heading, by striking ‘‘FOR- ‘‘(2) REPORT.—Not later than December 1 of ‘‘(2) title VIII of the Agricultural Trade Act of EIGN’’; each year, the Administrator shall submit to the 1978.’’. (2) in subsection (a), by striking ‘‘the recipient Committee on Agriculture and the Committee on SEC. 311. PREPOSITIONING. country, or in a country’’ and inserting ‘‘1 or International Relations of the House of Rep- Section 407(c)(4) of the Agricultural Trade De- more recipient countries, or 1 or more coun- resentatives and the Committee on Agriculture, velopment and Assistance Act of 1954 (7 U.S.C. tries’’; Nutrition, and Forestry of the Senate a report 1736a(c)(4)) is amended by striking ‘‘and 2002’’ (3) in subsection (b)— that contains— and inserting ‘‘through 2006’’. (A) by striking ‘‘in recipient countries, or in ‘‘(A) a list of programs, countries, and com- SEC. 312. EXPIRATION DATE. countries’’ and inserting ‘‘1 or more recipient modities approved to date for assistance under Section 408 of the Agricultural Trade Develop- countries, or in 1 or more countries’’; and this section; and ment and Assistance Act of 1954 (7 U.S.C. 1736b) (B) by striking ‘‘foreign currency’’; ‘‘(B) a statement of the total amount of funds is amended by striking ‘‘2002’’ and inserting (4) in subsection (c)— approved to date for transportation and admin- ‘‘2006’’. (A) by striking ‘‘foreign currency’’; and istrative costs under this section. SEC. 313. MICRONUTRIENT FORTIFICATION PRO- (B) by striking ‘‘the recipient country, or in a ‘‘(f) DIRECT DELIVERY.—In addition to prac- GRAM. country’’ and inserting ‘‘1 or more recipient tices in effect on the date of enactment of this Section 415 of the Agricultural Trade Develop- countries, or in 1 or more countries’’; and subsection, the Secretary may approve an agree- ment and Assistance Act of 1954 (7 U.S.C. 1736g– (5) in subsection (d)— ment that provides for direct delivery of agricul- 2) is amended— (A) by striking ‘‘Foreign currencies’’ and in- tural commodities to milling or processing facili- (1) in subsection (a)— serting ‘‘Proceeds’’; ties more than 50 percent of the interest in (A) in the first sentence, by striking ‘‘a micro- (B) in paragraph (2)— which is owned by United States citizens in for- nutrient fortification pilot program’’ and insert- (i) by striking ‘‘income generating’’ and in- eign countries, with the proceeds of transactions ing ‘‘micronutrient fortification programs’’; and serting ‘‘income-generating’’; and transferred in cash to eligible organizations de- (B) in the second sentence— (ii) by striking ‘‘the recipient country or with- scribed in section 202(d) to carry out approved (i) by striking ‘‘the program’’ and inserting ‘‘a in a country’’ and inserting ‘‘1 or more recipient projects.’’. countries or within 1 or more countries’’; and program’’; SEC. 308. ASSISTANCE FOR STOCKPILING AND (ii) in paragraph (1), by striking ‘‘and’’ at the (C) in paragraph (3)— RAPID TRANSPORTATION, DELIVERY, (i) by inserting a comma after ‘‘invested’’; and AND DISTRIBUTION OF SHELF-STA- end; (ii) by inserting a comma after ‘‘used’’. BLE PREPACKAGED FOODS. (iii) in paragraph (2)— SEC. 304. LEVELS OF ASSISTANCE. Section 208(f) of the Agricultural Trade Devel- (I) by striking ‘‘whole’’; and Section 204 of the Agricultural Trade Develop- opment and Assistance Act of 1954 (7 U.S.C. (II) by striking the period at the end and in- ment and Assistance Act of 1954 (7 U.S.C. 1724) 1726b(f)) is amended by striking ‘‘and 2002’’ and serting ‘‘; and’’; and is amended— inserting ‘‘through 2006’’. (iv) by adding at the end the following: (1) in subsection (a)— SEC. 309. PILOT EMERGENCY RELIEF PROGRAM ‘‘(3) encourage technologies and systems for (A) in paragraph (1), by striking ‘‘that for TO PROVIDE LIVE LAMB TO AFGHAN- the improved quality and safety of fortified each of fiscal years 1996 through 2002 is not less ISTAN. grains and other commodities that are readily than 2,025,000 metric tons.’’ and inserting ‘‘that Title II of the Agricultural Trade Development transferable to developing countries.’’; is not less than— and Assistance Act of 1954 (7 U.S.C. 1721 et seq.) (2) in the first sentence of subsection (c)— ‘‘(A) 2,100,000 metric tons for fiscal year 2002; is amended by adding at the end the following: (A) by striking ‘‘the pilot program, whole’’ ‘‘(B) 2,200,000 metric tons for fiscal year 2003; ‘‘SEC. 209. PILOT EMERGENCY RELIEF PROGRAM and inserting ‘‘a program,’’; ‘‘(C) 2,300,000 metric tons for fiscal year 2004; TO PROVIDE LIVE LAMB TO AFGHAN- (B) by striking ‘‘the pilot program may’’ and ‘‘(D) 2,400,000 metric tons for fiscal year 2005; ISTAN. inserting ‘‘a program may’’; and ‘‘(a) IN GENERAL.—The President may estab- and (C) by striking ‘‘including’’ and inserting lish a pilot emergency relief program under this ‘‘(E) 2,500,000 metric tons for fiscal year ‘‘such as’’; and title to provide live lamb to Afghanistan on be- 2006.’’; and (3) in subsection (d), by striking ‘‘2002’’ and half of the people of the United States. (B) in paragraph (2), by striking ‘‘1996 inserting ‘‘2006’’. ‘‘(b) REPORT.—Not later than January 1, 2004, through 2002’’ and inserting ‘‘2002 through SEC. 314. JOHN OGONOWSKI FARMER-TO-FARMER the Secretary shall submit to Congress a report 2006’’; and PROGRAM. that— (2) in subsection (b)(1), by inserting ‘‘(includ- Section 501(c) of the Agricultural Trade Devel- ‘‘(1)(A) evaluates the success of the program ing crude degummed soybean oil)’’ after opment and Assistance Act of 1954 (7 U.S.C. under subsection (a); or 1737(c)) is amended— ‘‘bagged commodities’’. ‘‘(B) if the program has not succeeded or has (1) by striking ‘‘0.4’’ and inserting ‘‘0.5,’’; and SEC. 305. FOOD AID CONSULTATIVE GROUP. not been implemented, explains in detail why (2) by striking ‘‘2002’’ and inserting ‘‘2006’’. Section 205(f) of the Agricultural Trade Devel- the program has not succeeded or has not been opment and Assistance Act of 1954 (7 U.S.C. implemented; and Subtitle B—Agricultural Trade Act of 1978 1725(f)) is amended by striking ‘‘2002’’ and in- ‘‘(2) discusses the feasibility and desirability SEC. 321. EXPORT CREDIT GUARANTEE PROGRAM. serting ‘‘2006’’. of providing assistance in the form of live ani- (a) TERM OF SUPPLIER CREDIT PROGRAM.— SEC. 306. MAXIMUM LEVEL OF EXPENDITURES. mals.’’. Section 202(a)(2) of the Agricultural Trade Act Section 206(a) of the Agricultural Trade De- SEC. 310. SALE PROCEDURE. of 1978 (7 U.S.C. 5622(a)(2)) is amended by strik- velopment and Assistance Act of 1954 (7 U.S.C. Section 403 of the Agricultural Trade Develop- ing ‘‘180 days’’ and inserting ‘‘12 months’’. 1726(a)) is amended by striking ‘‘$1,000,000,000’’ ment and Assistance Act of 1954 (7 U.S.C. 1733) (b) PROCESSED AND HIGH-VALUE PRODUCTS.— and inserting ‘‘$2,000,000,000’’. is amended— Section 202(k)(1) of the Agricultural Trade Act

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.008 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1049 of 1978 (7 U.S.C. 5622(k)(1)) is amended by strik- practical and objective criteria, several agricul- (including vitamins and minerals) acquired by ing ‘‘, 2001, and 2002’’ and inserting ‘‘through tural products are selected to carry the ‘U.S. the Secretary or the Corporation for disposition 2006’’. Quality’ seal. in a program authorized under this title (c) REPORT.—Section 202 of the Agricultural ‘‘(2) PROMOTIONAL ACTIVITIES.—Agricultural through— Trade Act of 1978 (7 U.S.C. 5622) is amended by products selected under paragraph (1) shall be ‘‘(A) commercial purchases; or adding at the end the following: promoted using the ‘U.S. Quality’ seal at trade ‘‘(B) inventories of the Corporation. ‘‘(l) REPORT ON AGRICULTURAL EXPORT CRED- fairs in key markets through electronic and ‘‘(5) ELIGIBLE ORGANIZATION.—The term ‘eligi- IT PROGRAMS.— print media. ble organization’ means a private voluntary or- ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ganization, cooperative, nongovernmental orga- the date of enactment of this subsection, and There are authorized to be appropriated such nization, or foreign country, as determined by annually thereafter, the Secretary shall submit sums as are necessary to carry out this sub- the Secretary. to the Committee on Agriculture and the Com- section.’’. ‘‘(6) EMERGING AGRICULTURAL COUNTRY.—The mittee on International Relations of the House SEC. 323. EXPORT ENHANCEMENT PROGRAM. term ‘emerging agricultural country’ means a of Representatives and the Committee on Agri- (a) IN GENERAL.—Section 301(e)(1)(G) of the foreign country that— culture, Nutrition and Forestry of the Senate a Agricultural Trade Act of 1978 (7 U.S.C. ‘‘(A) is an emerging democracy; and report on the status of multilateral negotiations 5651(e)(1)(G)) is amended by striking ‘‘fiscal ‘‘(B) has made a commitment to introduce or regarding agricultural export credit programs at year 2002’’ and inserting ‘‘each of fiscal years expand free enterprise elements in the agricul- the World Trade Organization and the Organi- 2002 through 2006’’. tural economy of the country. zation of Economic Cooperation and Develop- (b) UNFAIR TRADE PRACTICES.—Section ‘‘(7) FOOD SECURITY.—The term ‘food security’ ment in fulfillment of Article 10.2 of the Agree- 102(5)(A) of the Agricultural Trade Act of 1978 means access by all people at all times to suffi- ment on Agriculture (as described in section (7 U.S.C. 5602(5)(A)) is amended— cient food and nutrition for a healthy and pro- 101(d)(2) of the Uruguay Round Agreements Act (1) in clause (i), by striking ‘‘or’’ at the end; ductive life. (19 U.S.C. 3511(d)(2))). (2) in clause (ii), by striking the period at the ‘‘(8) NONGOVERNMENTAL ORGANIZATION.— ‘‘(2) CLASSIFIED INFORMATION.—The report end and inserting ‘‘, including, in the case of a ‘‘(A) IN GENERAL.—The term ‘nongovern- under paragraph (1) shall be submitted in un- state trading enterprise engaged in the export of mental organization’ means an organization classified form, but may contain a classified an agricultural commodity, pricing practices that operates on a local level to solve develop- annex.’’. that are not consistent with sound commercial ment problems in a foreign country in which the (d) REAUTHORIZATION.—Section 211(b)(1) of practices conducted in the ordinary course of organization is located. the Agricultural Trade Act of 1978 (7 U.S.C. trade; or’’; and ‘‘(B) EXCLUSION.—The term ‘nongovernmental 5641(b)(1)) is amended by striking ‘‘2002’’ and (3) by adding at the end the following: organization’ does not include an organization inserting ‘‘2006’’. ‘‘(iii) changes United States export terms of that is primarily an agency or instrumentality of the government of a foreign country. SEC. 322. MARKET ACCESS PROGRAM. trade through a deliberate change in the dollar exchange rate of a competing exporter.’’. ‘‘(9) PRIVATE VOLUNTARY ORGANIZATION.—The (a) IN GENERAL.—Section 211(c) of the Agri- term ‘private voluntary organization’ means a cultural Trade Act of 1978 (7 U.S.C. 5641(c)) is SEC. 324. FOREIGN MARKET DEVELOPMENT CO- OPERATOR PROGRAM. nonprofit, nongovernmental organization that— amended— ‘‘(A) receives— (1) by redesignating paragraphs (1) and (2) as Section 703 of the Agricultural Trade Act of 1978 (7 U.S.C. 5723) is amended to read as fol- ‘‘(i) funds from private sources; and subparagraphs (A) and (B), respectively, and ‘‘(ii) voluntary contributions of funds, staff lows: indenting appropriately; time, or in-kind support from the public; (2) by striking ‘‘The Commodity’’ and insert- ‘‘SEC. 703. FUNDING. ‘‘(B) is engaged in or is planning to engage in ing the following: ‘‘(a) IN GENERAL.—To carry out this title, the nonreligious voluntary, charitable, or develop- ‘‘(1) IN GENERAL.—The Commodity’’; Secretary shall use funds of the Commodity ment assistance activities; and (3) by striking subparagraph (A) (as so redes- Credit Corporation, or commodities of the Com- ‘‘(C) in the case of an organization that is or- ignated) and inserting the following: modity Credit Corporation of a comparable ganized under the laws of the United States or ‘‘(A) in addition to any funds that may be value, in the following amounts: a State, is an organization described in section specifically appropriated to implement a market ‘‘(1) For fiscal year 2002, $37,500,000. 501(c)(3) of the Internal Revenue Code of 1986 access program, not more than $100,000,000 for ‘‘(2) For fiscal year 2003, $40,000,000. that is exempt from taxation under section fiscal year 2002, $120,000,000 for fiscal year 2003, ‘‘(3) For fiscal year 2004 and each subsequent 501(a) of that Code. fiscal year, $42,500,000. $140,000,000 for fiscal year 2004, $180,000,000 for ‘‘(10) PROGRAM.—The term ‘program’ means a ROGRAM PRIORITIES.—Of funds or com- fiscal year 2005, and $200,000,000 for fiscal year ‘‘(b) P food or nutrition assistance or development ini- modities provided under subsection (a) in excess 2006, of the funds of, or an equal value of com- tiative proposed by an eligible organization and of $35,000,000 for any fiscal year, priority shall modities owned by, the Commodity Credit Cor- approved by the Secretary under this title. be given to proposals— poration, except that this paragraph shall not ‘‘(11) RECIPIENT COUNTRY.—The term ‘recipi- ‘‘(1) made by eligible trade organizations that apply to section 203(h); and’’; and ent country’ means an emerging agricultural have never participated in the program estab- (4) by adding at the end the following: country that receives assistance under a pro- lished under this title; or ‘‘(2) PROGRAM PRIORITIES.—Of funds made gram. available under paragraph (1)(A) in excess of ‘‘(2) for programs established under this title in emerging markets.’’. ‘‘SEC. 802. FOOD FOR PROGRESS AND EDUCATION $90,000,000 for any fiscal year, priority shall be PROGRAMS. SEC. 325. FOOD FOR PROGRESS AND EDUCATION given to proposals— ‘‘(a) IN GENERAL.—There are established the PROGRAMS. ‘‘(A) made by eligible trade organizations that Food for Progress Program and the Inter- (a) IN GENERAL.—The Agricultural Trade Act have never participated in the market access national Food for Education and Nutrition Pro- of 1978 (7 U.S.C. 5601 et seq.) is amended by add- program under this title; or gram through which eligible commodities are ing at the end the following: ‘‘(B) for market access programs in emerging made available to eligible organizations to carry markets.’’. ‘‘TITLE VIII—FOOD FOR PROGRESS AND out programs of assistance in developing coun- (b) UNITED STATES QUALITY EXPORT INITIA- EDUCATION PROGRAMS tries. TIVE.— ‘‘SEC. 801. DEFINITIONS. ‘‘(b) FOOD FOR PROGRESS PROGRAM.— (1) FINDINGS.—Congress finds that— ‘‘In this title: ‘‘(1) IN GENERAL.—To provide agricultural (A) the market access program established ‘‘(1) COOPERATIVE.—The term ‘cooperative’ commodities to support the introduction or ex- under section 203 of the Agricultural Trade Act means a private sector organization the members pansion of free trade enterprises in national of 1978 (7 U.S.C. 5623) and foreign market devel- of which— economies and to promote food security in re- opment cooperator program established under ‘‘(A) own and control the organization; cipient countries, the Secretary shall establish title VII of that Act (7 U.S.C. 5721 et seq.) target ‘‘(B) share in the profits of the organization; the Food for Progress Program, under which the generic and value-added agricultural products, and Secretary may enter into agreements (including with little emphasis on the high quality of ‘‘(C) are provided services (such as business multiyear agreements and agreements for pro- United States agricultural products; and services and outreach in cooperative develop- grams in more than 1 country) with entities de- (B) new promotional tools are needed to en- ment) by the organization. scribed in paragraph (2). able United States agricultural products to com- ‘‘(2) CORPORATION.—The term ‘Corporation’ ‘‘(2) ENTITIES.—The Secretary may enter into pete in higher margin, international markets on means the Commodity Credit Corporation. agreements under paragraph (1) with— the basis of quality. ‘‘(3) DEVELOPING COUNTRY.—The term ‘devel- ‘‘(A) the governments of emerging agricultural (2) INITIATIVE.—Section 203 of the Agricul- oping country’ means a foreign country that countries; tural Trade Act of 1978 (7 U.S.C. 5623) is amend- has— ‘‘(B) private voluntary organizations; ed by adding at the end the following: ‘‘(A) a shortage of foreign exchange earnings; ‘‘(C) nonprofit agricultural organizations and ‘‘(h) UNITED STATES QUALITY EXPORT INITIA- and cooperatives; TIVE.— ‘‘(B) difficulty meeting all of the food needs of ‘‘(D) nongovernmental organizations; and ‘‘(1) IN GENERAL.—Subject to the availability the country through commercial channels and ‘‘(E) other private entities. of appropriations, using the authorities under domestic production. ‘‘(3) CONSIDERATIONS.—In determining wheth- this section, the Secretary shall establish a pro- ‘‘(4) ELIGIBLE COMMODITY.—The term ‘eligible er to enter into an agreement to establish a pro- gram under which, on a competitive basis, using commodity’ means an agricultural commodity gram under paragraph (1), the Secretary shall

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take into consideration whether an emerging ag- ‘‘(C) the projected costs of an eligible organi- ‘‘(1) IN GENERAL.—The Secretary shall ensure, ricultural country is committed to carrying out, zation for administration, sales, monitoring, and to the maximum extent practicable, that each el- or is carrying out, policies that promote— technical assistance under an agreement under igible organization participating in 1 or more ‘‘(A) economic freedom; paragraph (2) (including an itemized budget), programs under this section— ‘‘(B) private production of food commodities taking into consideration, as determined by the ‘‘(A) uses eligible commodities made available for domestic consumption; and Secretary— under this title— ‘‘(C) the creation and expansion of efficient ‘‘(i) the projected amount of such costs ‘‘(i) in an effective manner; domestic markets for the purchase and sale of itemized by category; and ‘‘(ii) in the areas of greatest need; and those commodities. ‘‘(ii) the projected amount of assistance to be ‘‘(iii) in a manner that promotes the purposes ‘‘(c) INTERNATIONAL FOOD FOR EDUCATION received from other donors. of this title; AND NUTRITION PROGRAM.— ‘‘(7) FUNDING.— ‘‘(B) in using eligible commodities, assesses ‘‘(1) IN GENERAL.—In cooperation with other ‘‘(A) COMMODITY CREDIT CORPORATION.— and takes into account the needs of recipient countries, the Secretary shall establish an ini- ‘‘(i) IN GENERAL.—Subject to clause (ii), the countries and the target populations of the re- tiative under this title to be known as the ‘Inter- Secretary may use the funds, facilities, and au- cipient countries; national Food for Education and Nutrition Pro- thorities of the Corporation to carry out this ‘‘(C) works with recipient countries, and in- gram’, through which the Secretary may provide subsection. digenous institutions or groups in recipient to eligible organizations agricultural commod- ‘‘(ii) LIMITATION.—Not more than $150,000,000 countries, to design and carry out mutually ac- ities and technical and nutritional assistance in for each of fiscal years 2002 through 2005 shall ceptable programs authorized under this title; connection with education programs to improve be used to carry out this subsection. ‘‘(D) monitors and reports on the distribution food security and enhance educational opportu- ‘‘(B) USE LIMITATIONS.—Of the funds made or sale of eligible commodities provided under nities for preschool age and primary school age available under subparagraph (A), the Secretary this title using methods that, as determined by children in recipient countries. may use to carry out paragraph (6)(C) not more the Secretary, facilitate accurate and timely re- ‘‘(2) AGREEMENTS.—In carrying out this sub- than $20,000,000 for each of fiscal years 2002 porting; section, the Secretary— through 2005. ‘‘(E) periodically evaluates the effectiveness of ‘‘(A) shall administer the programs under this ‘‘(C) REALLOCATION.—Funds not allocated the program of the eligible organization, includ- subsection in manner that is consistent with this under this subsection by April 30 of a fiscal year ing, as applicable, an evaluation of whether the title; and shall be made available for proposals submitted development or food and nutrition purposes of ‘‘(B) may enter into agreements with eligible under the Food for Progress Program under sub- the program can be sustained in a recipient organizations— section (b). country if the assistance provided to the recipi- ‘‘(i) to purchase, acquire, and donate eligible ‘‘(8) ANNUAL REPORT.—The Secretary shall ent country is reduced and eventually termi- commodities to eligible organizations to carry submit to the Committee on Agriculture of the nated; and out agreements in recipient countries; and House of Representatives and the Committee on ‘‘(F) considers means of improving the oper- ‘‘(ii) to provide technical and nutritional as- Agriculture, Nutrition, and Forestry of the Sen- ation of the program of the eligible organiza- sistance to carry out agreements in recipient ate an annual report that describes— tion. countries. ‘‘(A) the results of the implementation of this ‘‘(2) CERTIFIED INSTITUTIONAL PARTNERS.— ‘‘(3) OTHER DONOR COUNTRIES.—The Secretary subsection during the year covered by the re- ‘‘(A) IN GENERAL.—The Secretary shall pro- shall encourage other donor countries, directly port, including the impact on the enrollment, at- mulgate regulations and guidelines to permit or through eligible organizations— tendance, and performance of children in private voluntary organizations and coopera- ‘‘(A) to donate goods and funds to recipient preschools and primary schools targeted under tives to be certified as institutional partners. countries; and the program under this subsection; and ‘‘(B) REQUIREMENTS.—To become a certified ‘‘(B) to provide technical and nutritional as- ‘‘(B) the level of commitments by, and the po- institutional partner, a private voluntary orga- sistance to recipient countries. tential for obtaining additional goods and as- nization or cooperative shall submit to the Sec- ‘‘(4) PRIVATE SECTOR.—The President and the sistance from, other countries for subsequent retary evidence of organizational capacity that Secretary are urged to encourage the support years. describes— and active involvement of the private sector, ‘‘(d) TERMS.— ‘‘(i) the financial, programmatic, commodity foundations, and other individuals and organi- ‘‘(1) IN GENERAL.—The Secretary may provide management, and auditing abilities and prac- zations in programs and activities assisted agricultural commodities under this title on— tices of the organization or cooperative; and under this subsection. ‘‘(A) a grant basis; or ‘‘(ii) the capacity of the organization or coop- ‘‘(5) GRADUATION.—An agreement with an eli- ‘‘(B) subject to paragraph (2), credit terms. erative to carry out projects in particular coun- gible organization under this subsection shall ‘‘(2) CREDIT TERMS.—Payment for agricultural tries. ULTICOUNTRY PROPOSALS.—A certified include provisions— commodities made available under this title that ‘‘(C) M ‘‘(A)(i) to sustain the benefits to the edu- are purchased on credit terms shall be made on institutional partner shall be eligible to— ‘‘(i) submit a single proposal for 1 or more cation, enrollment, and attendance of children the same basis as payments made under section countries in which the certified institutional in schools in the targeted communities when the 103 of the Agricultural Trade Development and partner has already demonstrated organiza- provision of commodities and assistance to a re- Assistance Act of 1954 (7 U.S.C. 1703). tional capacity; and cipient country under the program under this ‘‘(3) NO EFFECT ON DOMESTIC PROGRAMS.—The ‘‘(ii) receive expedited review of the proposal. subsection terminates; and Secretary shall not make an agricultural com- ‘‘(h) TRANSSHIPMENT AND RESALE.— modity available for disposition under this sec- ‘‘(ii) to estimate the period of time required ‘‘(1) IN GENERAL.—The transshipment or re- tion in any amount that will reduce the amount until the recipient country or eligible organiza- sale of an eligible commodity to a country other of the commodity that is traditionally made tion is able to provide sufficient assistance with- than a recipient country shall be prohibited un- available through donations to domestic feeding out additional assistance under this subsection; less the transshipment or resale is approved by programs or agencies, as determined by the Sec- or the Secretary. retary. ‘‘(B) to provide other long-term benefits to ‘‘(2) MONETIZATION.— targeted populations of the recipient country. ‘‘(4) MULTIYEAR AGREEMENTS.—In carrying ‘‘(A) IN GENERAL.—Subject to subparagraphs ‘‘(6) ELIGIBLE COSTS.—Subject to paragraphs out this title, on request and subject to the (B) through (D), an eligible commodity provided (2) and (7), the Secretary shall pay all or part availability of commodities, the Secretary is en- under this section may be sold for foreign cur- of— couraged to approve agreements that provide for rency or United States dollars or bartered, with ‘‘(A) the costs and charges described in para- commodities to be made available for distribu- the approval of the Secretary. graphs (1) through (5) and (7) of section 406(b) tion on a multiyear basis, if the agreements oth- ‘‘(B) SALE OR BARTER OF FOOD ASSISTANCE.— of the Agricultural Trade Development and As- erwise meet the requirements of this title. The sale or barter of eligible commodities under sistance Act of 1954 (7 U.S.C. 1736(b)) with re- ‘‘(e) REPORTS.—Each eligible organization this title may be conducted only within (as de- spect to an eligible commodity; that enters into an agreement under this title termined by the Secretary)— ‘‘(B) the internal transportation, storage, and shall submit to the Secretary, at such time as ‘‘(i) a recipient country or country near the handling costs incurred in moving the eligible the Secretary may request, a report containing recipient country; or commodity, if the Secretary determines that— such information as the Secretary may request ‘‘(ii) another country, if— ‘‘(i) payment of the costs is appropriate; and relating to the use of agricultural commodities ‘‘(I) the sale or barter within the recipient ‘‘(ii) the recipient country is a low income, net and funds provided to the eligible organization country or nearby country is not practicable; food-importing country that— under this title. and ‘‘(I) meets the poverty criteria established by ‘‘(f) COORDINATION.—To ensure that the pro- ‘‘(II) the sale or barter within countries other the International Bank for Reconstruction and vision of commodities under this section is co- than the recipient country or nearby country Development for Civil Works Preference; and ordinated with and complements other foreign will not disrupt commercial markets for the agri- ‘‘(II) has a national government that is com- assistance provided by the United States, assist- cultural commodity involved. mitted to or is working toward, through a na- ance under this section shall be coordinated ‘‘(C) HUMANITARIAN OR DEVELOPMENT PUR- tional action plan, the World Declaration on through the mechanism designated by the Presi- POSES.—The Secretary may authorize the use of Education for All convened in 1990 in Jomtien, dent to coordinate assistance under the Agricul- proceeds or exchanges to pay the costs incurred Thailand, and the followup Dakar Framework tural Trade Development and Assistance Act of by an eligible organization under this title for— for Action of the World Education Forum in 1954 (7 U.S.C. 1691 et seq.). ‘‘(i)(I) programs targeted at hunger and mal- 2000; and ‘‘(g) QUALITY ASSURANCE.— nutrition; or

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.009 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1051 ‘‘(II) development programs involving food se- extent practicable, encourage all parties to the ‘‘(i) not more than $55,000,000 of funds that curity or education; conflict to— would be available to carry out paragraph (2) ‘‘(ii) transportation, storage, and distribution ‘‘(A) permit safe passage of the commodities may be used to cover costs under clauses (iv) of eligible commodities provided under this title; and other relief supplies; and through (vii) of subparagraph (A); and and ‘‘(B) establish safe zones for— ‘‘(ii) of the amount provided under clause (i), ‘‘(iii) administration, sales, monitoring, and ‘‘(i) medical and humanitarian treatment; and not more than $12,000,000 shall be made avail- technical assistance. ‘‘(ii) evacuation of injured persons. able to cover costs under clauses (vi) and (vii) of ‘‘(D) EXCEPTION.—The Secretary shall not ap- ‘‘(l) LEVEL OF ASSISTANCE.—The cost of com- subparagraph (A). prove the use of proceeds described in subpara- modities made available under this title, and the ‘‘(7) PAYMENT OF ADMINISTRATIVE COSTS.—An graph (C) to fund any administrative expenses expenses incurred in connection with the provi- eligible organization that receives payment for of a foreign government. sion of those commodities shall be in addition to administrative costs through monetization of the ‘‘(E) PRIVATE SECTOR ENHANCEMENT.—As ap- the level of assistance provided under the Agri- eligible commodity under subsection (h)(2) shall propriate, the Secretary may provide eligible cultural Trade Development and Assistance Act not be eligible to receive payment for the same commodities under this title in a manner that of 1954 (7 U.S.C. 1691 et seq.). administrative costs through direct payments uses commodity transactions as a means of de- ‘‘(m) COMMODITY CREDIT CORPORATION.— under paragraph (6)(A)(vii)(I).’’. veloping in the recipient countries a competitive ‘‘(1) IN GENERAL.—Subject to paragraphs (5) (b) CONFORMING AMENDMENTS.— private sector that can provide for the importa- through (7), the Secretary may use the funds, (1) Section 416(b)(7)(D)(iii) of the Agricultural tion, transportation, storage, marketing, and facilities, and authorities of the Corporation to Act of 1949 (7 U.S.C. 1431(b)(7)(D)(iii)) is amend- distribution of commodities. carry out this title. ed by striking ‘‘the Food for Progress Act of ‘‘(i) DISPLACEMENT OF COMMERCIAL SALES.— ‘‘(2) MINIMUM TONNAGE.—Subject to para- 1985’’ and inserting ‘‘title VIII of the Agricul- In carrying out this title, the Secretary shall, to graph (6)(B), not less than 400,000 metric tons of tural Trade Act of 1978’’. the maximum extent practicable consistent with commodities may be provided under this title for (2) The Act of August 19, 1958 (7 U.S.C. 1431 the purposes of this title, avoid— the program established under subsection (b) for note; Public Law 85–683) is amended by striking ‘‘(1) displacing any commercial export sale of each of fiscal years 2002 through 2006. ‘‘the Food for Progress Act of 1985’’ and insert- United States agricultural commodities that ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In ing ‘‘title VIII of the Agricultural Trade Act of would otherwise be made; addition to tonnage authorized under para- 1978’’. ‘‘(2) disrupting world prices of agricultural graph (2), there are authorized to be appro- (3) Section 1110 of the Food Security Act of commodities; or priated such sums as are necessary to carry out 1985 (7 U.S.C. 1736o) is repealed. ‘‘(3) disrupting normal patterns of commercial the program established under subsection (b). SEC. 326. EXPORTER ASSISTANCE INITIATIVE. trade of agricultural commodities with foreign ‘‘(4) TITLE I FUNDS.—In addition to tonnage (a) FINDINGS.—Congress find that— and funds authorized under paragraphs (2), (3), countries. (1) information in the possession of Federal ‘‘(j) DEADLINE FOR PROGRAM ANNOUNCE- and (6)(B), the Corporation may use funds ap- agencies other than the Department of Agri- MENTS.— propriated to carry out title I of the Agricultural culture that is necessary for the export of agri- ‘‘(1) IN GENERAL.—Before the beginning of the Trade Development and Assistance Act of 1954 cultural commodities and products is available applicable fiscal year, the Secretary shall, to the (7 U.S.C. 1701 et seq.)) in carrying out the pro- only from multiple disparate sources; and maximum extent practicable— gram established under subsection (b). (2) because exporters often need access to in- ‘‘(A) make all determinations concerning pro- ‘‘(5) LIMITATION ON PURCHASES OF COMMOD- formation quickly, exporters lack the time to gram agreements and resource requests for pro- ITIES.—The Corporation may purchase agricul- search multiple sources to access necessary in- grams under this title; and tural commodities for disposition under this title formation, and exporters often are unaware of ‘‘(B) announce those determinations. only if Corporation inventories are insufficient where the necessary information can be located. ‘‘(2) REPORT.—Not later than November 1 of to satisfy commitments made in agreements en- (b) INITIATIVE.—Title I of the Agricultural the applicable fiscal year, the Secretary shall tered into under this title. Trade Act of 1978 (7 U.S.C. 5601 et seq.) is submit to the Committee on Agriculture of the ‘‘(6) ELIGIBLE COSTS AND EXPENSES.— amended by adding at the end the following: House of Representatives and the Committee on ‘‘(A) IN GENERAL.—Subject to subparagraph Agriculture, Nutrition, and Forestry of the Sen- (B), with respect to an eligible commodity made ‘‘SEC. 107. EXPORTER ASSISTANCE INITIATIVE. ate a list of programs, countries, and commod- available under the program established under ‘‘(a) IN GENERAL.—In order to create a single ities, and the total amount of funds for trans- subsection (b), the Corporation may pay— source of information for exports of United portation and administrative costs, approved to ‘‘(i) the costs of acquiring the eligible com- States agricultural commodities, the Secretary date under this title. modity; shall develop a website on the Internet that col- ‘‘(k) MILITARY DISTRIBUTION OF ASSIST- ‘‘(ii) the costs associated with packaging, en- lates onto a single website all information from ANCE.— riching, preserving, and fortifying of the eligible all agencies of the Federal Government that is ‘‘(1) IN GENERAL.—The Secretary shall ensure, commodity; relevant to the export of United States agricul- to the maximum extent practicable, that agricul- ‘‘(iii) the processing, transportation, han- tural commodities. tural commodities made available under this dling, and other incidental costs incurred before ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— title are provided without regard to— the date on which the commodity is delivered There are authorized to be appropriated to carry ‘‘(A) the political affiliation, geographic loca- free on board vessels in United States ports; out subsection (a)— tion, ethnic, tribal, or religious identity of the ‘‘(iv) the vessel freight charges from United ‘‘(1) $1,000,000 for each of fiscal years 2002 recipient; or States ports or designated Canadian trans- through 2004; and ‘‘(B) any other extraneous factors, as deter- shipment ports, as determined by the Secretary, ‘‘(2) $500,000 for each of fiscal years 2005 and mined by the Secretary. to designated ports of entry abroad; 2006.’’. ‘‘(2) PROHIBITION ON HANDLING OF COMMOD- ‘‘(v) the costs associated with transporting the Subtitle C—Miscellaneous Agricultural Trade ITIES BY THE MILITARY.— eligible commodity from United States ports to Provisions ‘‘(A) IN GENERAL.—Except as provided in sub- designated points of entry abroad in a case in SEC. 331. BILL EMERSON HUMANITARIAN TRUST. paragraph (B), the Secretary shall not enter which— Section 302 of the Bill Emerson Humanitarian into an agreement under this title to provide ag- ‘‘(I) a recipient country is landlocked; Trust Act (7 U.S.C. 1736f–1) is amended by strik- ricultural commodities if the agreement requires ‘‘(II) ports of a recipient country cannot be ing ‘‘2002’’ each place it appears in subsection or permits the distribution, handling, or alloca- used effectively because of natural or other dis- (b)(2)(B)(i) and paragraphs (1) and (2) of sub- tion of agricultural commodities by the military turbances; section (h) and inserting ‘‘2006’’. forces of any foreign government or insurgent ‘‘(III) carriers to a specific country are un- group. available; or SEC. 332. EMERGING MARKETS. ‘‘(B) EXCEPTION.—The Secretary may author- ‘‘(IV) substantial savings in costs or time may Section 1542 of the Food, Agriculture, Con- ize the distribution, handling, or allocation of be gained by the use of points of entry other servation, and Trade Act of 1990 (7 U.S.C. 5622 commodities by the military forces of a country than ports; note; Public Law 101–624) is amended by strik- in exceptional circumstances in which— ‘‘(vi) the charges for general average contribu- ing ‘‘2002’’ each place it appears in subsections ‘‘(i) nonmilitary channels are not available tions arising out of the ocean transport of com- (a) and (d)(1)(A)(i) and inserting ‘‘2006’’. for distribution, handling, or allocation; modities transferred; and SEC. 333. BIOTECHNOLOGY AND AGRICULTURAL ‘‘(ii) the distribution, handling, or allocation ‘‘(vii) the costs, in addition to costs authorized TRADE PROGRAM. is consistent with paragraph (1); and by clauses (i) through (vi), of providing— Section 1542 of the Food, Agriculture, Con- ‘‘(iii) the Secretary determines that the dis- ‘‘(I) assistance in the administration, sale, servation, and Trade Act of 1990 (7 U.S.C. 5622 tribution, handling, or allocation is necessary to and monitoring of food assistance activities note; Public Law 101–624) is amended by adding meet the emergency health, safety, or nutri- under this title; and at the end the following: tional requirements of the population of a re- ‘‘(II) technical assistance for monetization ‘‘(g) BIOTECHNOLOGY AND AGRICULTURAL cipient country. programs. TRADE PROGRAM.— ‘‘(3) ENCOURAGEMENT OF SAFE PASSAGE.—In ‘‘(B) FUNDING.—Except for costs described in ‘‘(1) IN GENERAL.—The Secretary of Agri- entering into an agreement under this title that clauses (i) through (iii) of subparagraph (A), culture shall establish a program to enhance involves 1 or more areas within a recipient coun- unless authorized in advance in an appropria- foreign acceptance of agricultural biotechnology try that is experiencing protracted warfare or tions Act or reallocated under subsection and United States agricultural products devel- civil unrest, the Secretary shall, to the maximum (c)(7)(C)— oped through biotechnology.

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‘‘(2) FOCUS.—The program shall address the cipient countries, with the proceeds of trans- supports such that no other country can provide continuing and increasing market access, regu- actions transferred in cash to eligible organiza- greater support, measured as a percentage of latory, and marketing issues relating to export tions to carry out approved projects. total agricultural production value, than the commerce of United States agricultural bio- ‘‘(B) REGULATIONS.—The Secretary’’. United States does while preserving existing technology products. (c) CERTIFIED INSTITUTIONAL PARTNERS.—Sec- green box category to support conservation ac- ‘‘(3) EDUCATION AND OUTREACH.— tion 416 of the Agricultural Act of 1949 (7 U.S.C. tivities, family farms, and rural communities; ‘‘(A) FOREIGN MARKETS.—Support for United 1431) is amended by adding at the end the fol- (4) developing, strengthening, and clarifying States agricultural market development organi- lowing: rules and effective dispute settlement mecha- zations to carry out education and other out- ‘‘(c) CERTIFIED INSTITUTIONAL PARTNERS.— nisms to eliminate practices that unfairly de- reach efforts concerning biotechnology shall tar- ‘‘(1) IN GENERAL.—The Secretary shall pro- crease United States market access opportunities get such educational initiatives directed mulgate regulations and guidelines to permit for United States agricultural commodities or toward— private voluntary organizations and coopera- distort agricultural markets to the detriment of ‘‘(i) producers, buyers, consumers, and media tives to be certified as institutional partners. the United States, including— in foreign markets through initiatives in foreign ‘‘(2) REQUIREMENTS.—To become a certified (A) unfair or trade-distorting activities of markets; and institutional partner, a private voluntary orga- state trading enterprises and other administra- ‘‘(ii) government officials, scientists, and trade nization or cooperative shall submit to the Sec- tive mechanisms, with emphasis on— officials from foreign countries through ex- retary evidence of organizational capacity that (i) requiring price transparency in the oper- change programs. describes— ation of state trading enterprises and such other ‘‘(B) FUNDING FOR EDUCATION AND OUT- ‘‘(A) the financial, programmatic, commodity mechanisms; and (ii) ending discriminatory pricing practices for REACH.—Funding for activities under subpara- management, and auditing abilities and prac- graph (A) may be— tices of the organization or cooperative; and agricultural commodities that amount to de ‘‘(i) used through— ‘‘(B) the capacity of the organization or coop- facto export subsidies so that the enterprises or ‘‘(I) the emerging markets program under this erative to carry out projects in particular coun- other mechanisms do not (except in cases of section; or tries. bona fide food aid) sell agricultural commodities ‘‘(II) the Cochran Fellowship Program under ‘‘(3) MULTI-COUNTRY PROPOSALS.—A certified in foreign markets at prices below domestic mar- section 1543; or institutional partner shall be eligible to— ket prices or prices below the full costs of ac- ‘‘(ii) applied directly to foreign market devel- ‘‘(A) submit a single proposal for 1 or more quiring and delivering agricultural commodities opment cooperators through the foreign market countries in which the certified institutional to the foreign markets; (B) unjustified trade restrictions or commer- development cooperator program established partner has already demonstrated organiza- cial requirements affecting new agricultural under section 702. tional capacity; and technologies, including biotechnology; ‘‘(4) RAPID RESPONSE.— ‘‘(B) receive expedited review of the pro- (C) unjustified sanitary or phytosanitary re- ‘‘(A) IN GENERAL.—The Secretary shall assist posal.’’. strictions, including restrictions that are not exporters of United States agricultural commod- SEC. 335. AGRICULTURAL TRADE WITH CUBA. based on scientific principles, in contravention ities in cases in which the exporters are harmed (a) IN GENERAL.—Section 908 of the Agri- of the Agreement on the Application of Sanitary by unwarranted and arbitrary barriers to trade culture, Rural Development, Food and Drug Ad- and Phytosanitary Measures (as described in due to— ministration and Related Agencies Appropria- section 101(d)(3) of the Uruguay Round Agree- ‘‘(i) marketing of biotechnology products; tions Act, 2001 (22 U.S.C. 7207), is amended by ments Act (19 U.S.C. 3511(d)(3))); ‘‘(ii) food safety; striking subsection (b). (D) other unjustified technical barriers to ag- ‘‘(iii) disease; or (b) CONFORMING AMENDMENTS.—Section ricultural trade; and ‘‘(iv) other sanitary or phytosanitary con- 908(a) of the Agriculture, Rural Development, (E) restrictive and nontransparent rules in the cerns. Food and Drug Administration and Related administration of tariff rate quotas; ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— Agencies Appropriations Act, 2001 (22 U.S.C. (5) improving import relief mechanisms to rec- There is authorized to be appropriated to carry 7207(a)) (as amended by subsection (a)), is ognize the unique characteristics of perishable out this paragraph $1,000,000 for each of fiscal amended— agricultural commodities; years 2002 through 2006. (1) by striking ‘‘(a)’’ and all that follows (6) taking into account whether a party to ne- ‘‘(5) FUNDING.— through ‘‘Notwithstanding’’ and inserting the gotiations with respect to trading in an agricul- ‘‘(A) COMMODITY CREDIT CORPORATION.—The following: tural commodity has— Secretary shall use the funds, facilities, and au- ‘‘(a) IN GENERAL.—Notwithstanding’’; (A) failed to adhere to the provisions of an ex- thorities of the Commodity Credit Corporation to (2) by striking ‘‘(2) RULE OF CONSTRUCTION.— isting bilateral trade agreement with the United carry out this subsection (other than paragraph Nothing in paragraph (1)’’ and inserting the fol- States; (4)). lowing: (B) circumvented obligations under a multilat- ‘‘(B) FUNDING AMOUNT.—Of the funds of the ‘‘(b) RULE OF CONSTRUCTION.—Nothing in eral trade agreement to which the United States Commodity Credit Corporation, the Secretary subsection (a)’’; and is a signatory; or shall make available to carry out this subsection (3) by striking ‘‘(3) WAIVER.—The President (C) manipulated its currency value to the det- (other than paragraph (4)) $15,000,000 for each may waive the application of paragraph (1)’’ riment of United States agricultural producers of fiscal years 2002 through 2006.’’. and inserting the following: or exporters; and (7) otherwise ensuring that countries that ac- SEC. 334. SURPLUS COMMODITIES FOR DEVEL- ‘‘(c) WAIVER.—The President may waive the OPING OR FRIENDLY COUNTRIES. application of subsection (a)’’. cede to the World Trade Organization— (A) have made meaningful market liberaliza- (a) USE OF CURRENCIES.—Section 416(b)(7)(D) SEC. 336. SENSE OF CONGRESS CONCERNING AG- RICULTURAL TRADE. tion commitments in agriculture; and of the Agricultural Act of 1949 (7 U.S.C. (B) make progress in fulfilling those commit- (a) AGRICULTURE TRADE NEGOTIATING OBJEC- 1431(b)(7)(D)) is amended— ments over time. (1) in clauses (i) and (iii), by striking ‘‘foreign TIVES.—It is the sense of Congress that the prin- (b) PRIORITY FOR AGRICULTURE TRADE.—It is currency’’ each place it appears; cipal negotiating objective of the United States the sense of Congress that— (2) in clause (ii)— with respect to agricultural trade in all multilat- (1) reaching a successful agreement on agri- (A) in the first sentence, by striking ‘‘Foreign eral, regional, and bilateral negotiations is to culture should be the top priority of United currencies’’ and inserting ‘‘Proceeds’’; and obtain competitive opportunities for the export States negotiators in World Trade Organization (B) in the second sentence, by striking ‘‘for- of United States agricultural commodities in for- talks; and eign currency’’; and eign markets substantially equivalent to the (2) if the primary export competitors of the (3) in clause (iv)— competitive opportunities afforded foreign ex- United States fail to reduce their trade dis- (A) by striking ‘‘Foreign currency proceeds’’ ports in United States markets and to achieve torting domestic supports and eliminate export and inserting ‘‘Proceeds’’; and fairer and more open conditions of agricultural subsidies in accordance with the negotiating ob- (B) by striking ‘‘other than the country of ori- trade in bulk and value-added commodities by— jectives expressed in this section, the United gin—’’ and all that follows and inserting ‘‘other (1) reducing or eliminating, by a date certain, States should take steps to increase the leverage than the country of origin, for the purpose of tariffs or other charges that decrease market op- of United States negotiators and level the play- carrying out programs under this subsection.’’. portunities for the export of United States agri- ing field for United States producers, within ex- (b) IMPLEMENTATION OF AGREEMENTS.—Sec- cultural commodities, giving priority to United isting World Trade Organization commitments. tion 416(b)(8) of the Agricultural Act of 1949 (7 States agricultural commodities that are subject (c) CONSULTATION WITH CONGRESSIONAL COM- U.S.C. 1431(b)(8)) is amended by striking to significantly higher tariffs or subsidy regimes MITTEES.—It is the sense of Congress that— ‘‘(8)(A)’’ and all that follows through ‘‘(B) The of major producing countries; (1) before the United States Trade Representa- Secretary’’ and inserting the following: (2) immediately eliminating all export sub- tive negotiates a trade agreement that would re- ‘‘(8) ADMINISTRATIVE PROVISIONS.— sidies on agricultural commodities worldwide duce tariffs on agricultural commodities or re- ‘‘(A) DIRECT DELIVERY.—In addition to prac- while maintaining bona fide food aid and pre- quire a change in United States agricultural tices in effect on the date of enactment of this serving United States agricultural market devel- law, the United States Trade Representative subparagraph, the Secretary may approve an opment and export credit programs that allow should consult with the Committee on Agri- agreement that provides for direct delivery of el- the United States to compete with other foreign culture and the Committee on Ways and Means igible commodities to milling or processing facili- export promotion efforts; of the House of Representatives and the Com- ties more than 50 percent of the interest in (3) leveling the playing field for United States mittee on Agriculture, Nutrition, and Forestry which is owned by United States citizens in re- agricultural producers by disciplining domestic and the Committee on Finance of the Senate;

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(2) not less than 48 hours before initialing an (b) SENSE OF THE SENATE.—It is the sense of like (other than loans, grants, scholarships, fel- agreement relating to agricultural trade nego- the Senate that— lowships, veterans’ educational benefits, and tiated under the auspices of the World Trade (1) United States foreign assistance programs the like excluded under paragraph (3)), to the Organization, the United States Trade Rep- should play an increased role in the global fight extent that they are required to be excluded resentative should consult closely with the com- against terrorism to complement the national se- under title XIX of the Social Security Act (42 mittees referred to in paragraph (1) regarding— curity objectives of the United States; U.S.C. 1396 et seq.), (17) at the option of the (A) the details of the agreement; (2) the United States should lead coordinated State agency, any State complementary assist- (B) the potential impact of the agreement on international efforts to provide increased finan- ance program payments that are excluded for United States agricultural producers; and cial assistance to countries with impoverished the purpose of determining eligibility for medical (C) any changes in United States law nec- and disadvantaged populations that are the assistance under section 1931 of the Social Secu- essary to implement the agreement; and breeding grounds for terrorism; and rity Act (42 U.S.C. 1396u–1), and (18) at the op- (3) any agreement or other understanding (3) the United States Agency for International tion of the State agency, any types of income (whether verbal or in writing) that relates to ag- Development and the Department of Agriculture that the State agency does not consider when ricultural trade that is not disclosed to Congress should substantially increase humanitarian, determining eligibility for (A) cash assistance before legislation implementing a trade agree- economic development, and agricultural assist- under a program funded under part A of title IV ment is introduced in either the Senate or the ance to foster international peace and stability of the Social Security Act (42 U.S.C. 601 et seq.) House of Representatives should not be consid- and the promotion of human rights. or the amount of such assistance, or (B) medical ered to be part of the agreement approved by TITLE IV—NUTRITION PROGRAMS assistance under section 1931 of the Social Secu- Congress and should have no force and effect rity Act (42 U.S.C. 1396u–1), except that this SEC. 401. SHORT TITLE. under Unites States law or in any dispute settle- paragraph does not authorize a State agency to This title may be cited as the ‘‘Food Stamp ment body. exclude wages or salaries, benefits under title I, Reauthorization Act of 2002’’. SEC. 337. REPORT ON USE OF PERISHABLE COM- II, IV, X, XIV, or XVI of the Social Security Act MODITIES. Subtitle A—Food Stamp Program (42 U.S.C. 1381 et seq.), regular payments from a Not later than 120 days after the date of en- SEC. 411. ENCOURAGEMENT OF PAYMENT OF government source (such as unemployment ben- actment of this Act, the Secretary of Agriculture CHILD SUPPORT. efits and general assistance), worker’s com- shall develop and submit to the Committee on (a) EXCLUSION.—Section 5(d)(6) of the Food pensation, child support payments made to a Agriculture of the House of Representatives and Stamp Act of 1977 (7 U.S.C. 2014(d)(6)) is amend- household member by an individual who is le- the Committee on Agriculture, Nutrition, and ed by adding at the end the following: ‘‘and gally obligated to make the payments, or such Forestry of the Senate a report on deficiencies child support payments made by a household other types of income the consideration of which in transportation and storage infrastructure member to or for an individual who is not a the Secretary determines by regulation to be es- and deficiencies in funding that have limited member of the household if the household mem- sential to equitable determinations of eligibility the use, and expansion of use, of highly perish- ber is legally obligated to make the payments,’’. and benefit levels’’. able and semiperishable commodities in inter- (b) SIMPLIFIED PROCEDURE.—Section 5 of the SEC. 413. INCREASE IN BENEFITS TO HOUSE- national food aid programs of the Department of Food Stamp Act of 1977 (7 U.S.C. 2014) is HOLDS WITH CHILDREN. Agriculture. amended— Section 5(e) of the Food Stamp Act of 1977 (7 SEC. 338. SENSE OF SENATE CONCERNING FOR- (1) in subsection (e), by striking paragraph (4) U.S.C. 2014(e)) is amended by striking para- EIGN ASSISTANCE PROGRAMS. and inserting the following: graph (1) and inserting the following: (a) FINDINGS.—Congress finds that— ‘‘(4) DEDUCTION FOR CHILD SUPPORT PAY- ‘‘(1) STANDARD DEDUCTION.— (1) the international community faces a con- MENTS.— ‘‘(A) IN GENERAL.—Subject to the other provi- tinuing epidemic of ethnic, sectarian, and crimi- ‘‘(A) IN GENERAL.—In lieu of providing an ex- sions of this paragraph, the Secretary shall nal violence; clusion for legally obligated child support pay- allow for each household a standard deduction (2) poverty, hunger, political uncertainty, and ments made by a household member under sub- that is equal to the greater of— social instability are the principal causes of vio- section (d)(6), a State agency may elect to pro- ‘‘(i) the applicable percentage specified in sub- lence and conflict around the world; vide a deduction for the amount of the pay- paragraph (D) of the applicable income stand- (3) broad-based, equitable economic growth ments. ard of eligibility established under subsection and agriculture development facilitates political ‘‘(B) ORDER OF DETERMINING DEDUCTIONS.—A (c)(1); or stability, food security, democracy, and the rule deduction under this paragraph shall be deter- ‘‘(ii) the minimum deduction specified in sub- of law; mined before the computation of the excess shel- paragraph (E). (4) democratic governments are more likely to ter expense deduction under paragraph (6).’’; ‘‘(B) GUAM.—The Secretary shall allow for advocate and observe international laws, protect and each household in Guam a standard deduction civil and human rights, pursue free market (2) by adding at the end the following: that is— economies, and avoid external conflicts; ‘‘(n) STATE OPTIONS TO SIMPLIFY DETERMINA- ‘‘(i) equal to the applicable percentage speci- (5) the United States Agency for International TION OF CHILD SUPPORT PAYMENTS MADE BY fied in subparagraph (D) of twice the income Development has provided critical democracy HOUSEHOLD MEMBERS.— standard of eligibility established under sub- and governance assistance to a majority of the ‘‘(1) IN GENERAL.—Regardless of whether a section (c)(1) for the 48 contiguous States and nations that successfully made the transition to State agency elects to provide a deduction under the District of Columbia; but democratic governments during the past 2 dec- subsection (e)(4), the Secretary shall establish ‘‘(ii) not less than the minimum deduction for ades; simplified procedures to allow State agencies, at (6) 43 of the top 50 consumer nations of Amer- Guam specified in subparagraph (E). the option of the State agencies, to determine ican agricultural products were once United ‘‘(C) HOUSEHOLDS OF 6 OR MORE MEMBERS.— the amount of the legally obligated child sup- States foreign aid recipients; The income standard of eligibility established port payments made, including procedures to (7) in the past 50 years, infant child death under subsection (c)(1) for a household of 6 allow the State agency to rely on information rates in the developing world have been reduced members shall be used to calculate the standard from the agency responsible for implementing by 50 percent, and health conditions around the deduction for each household of 6 or more mem- the program under part D of title IV of the So- world have improved more during this period bers. cial Security Act (42 U.S.C. 661 et seq.) con- than in any other period; ‘‘(D) APPLICABLE PERCENTAGE.—For the pur- cerning payments made in prior months in lieu (8) the United States Agency for International pose of subparagraph (A), the applicable per- of obtaining current information from the Development child survival programs have sig- centage shall be— household. nificantly contributed to a 10 percent reduction ‘‘(i) 8 percent for each of fiscal years 2002 ‘‘(2) DURATION OF DETERMINATION OF AMOUNT in infant mortality rates worldwide in just the through 2007; OF SUPPORT PAYMENTS.—If a State agency past 8 years; ‘‘(ii) 8.25 percent for fiscal year 2008; (9) in providing assistance by the United makes a determination of the amount of support ‘‘(iii) 8.5 percent for each of fiscal years 2009 States and other donors in better seeds and payments of a household under paragraph (1), and 2010; and teaching more efficient agricultural techniques the State agency may provide that the amount ‘‘(iv) 9 percent for fiscal year 2011 and each over the past 2 decades have helped make it pos- of the exclusion or deduction for the household fiscal year thereafter. sible to feed an additional 1,000,000,000 people in shall not change until the eligibility of the ‘‘(E) MINIMUM DEDUCTION.—The minimum de- the world; household is next redetermined under section duction shall be $134, $229, $189, $269, and $118 (10) despite this progress, approximately 11(e)(4).’’. for the 48 contiguous States and the District of 1,200,000,000 people, one-quarter of the world’s SEC. 412. SIMPLIFIED DEFINITION OF INCOME. Columbia, Alaska, Hawaii, Guam, and the Vir- population, live on less that $1 per day, and ap- Section 5(d) of the Food Stamp Act of 1977 (7 gin Islands of the United States, respectively.’’. proximately 3,000,000,000 people live on only $2 U.S.C. 2014(d)) is amended— SEC. 414. SIMPLIFIED DETERMINATION OF HOUS- per day; (1) by striking ‘‘and (15)’’ and inserting ING COSTS. (11) 95 percent of new births occur in devel- ‘‘(15)’’; and (a) IN GENERAL.—Section 5(e)(7) of the Food oping countries, including the world’s poorest (2) by inserting before the period at the end Stamp Act of 1977 (7 U.S.C. 2014(e)(7)) is countries; and the following: ‘‘, (16) at the option of the State amended— (12) only 1⁄2 percent of the Federal budget is agency, any educational loans on which pay- (1) in subparagraph (A)— dedicated to international economic and hu- ment is deferred, grants, scholarships, fellow- (A) by striking ‘‘A household’’ and inserting manitarian assistance. ships, veterans’ educational benefits, and the the following:

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‘‘(i) IN GENERAL.—A household’’; and ‘‘(6) EXCLUSION OF TYPES OF FINANCIAL RE- (2) in paragraph (2)— (B) by adding at the end the following: SOURCES NOT CONSIDERED UNDER CERTAIN OTHER (A) by striking ‘‘36-month’’ and inserting ‘‘24- ‘‘(ii) INCLUSION OF CERTAIN PAYMENTS.—In de- FEDERAL PROGRAMS.— month’’; and termining the shelter expenses of a household ‘‘(A) IN GENERAL.—Subject to subparagraph (B) by striking ‘‘3’’ and inserting ‘‘6’’; under this paragraph, the State agency shall in- (B), the Secretary shall promulgate regulations (3) by striking paragraph (5) and inserting the clude any required payment to the landlord of under which a State agency may, at the option following: the household without regard to whether the re- of the State agency, exclude from financial re- ‘‘(5) ELIGIBILITY OF INDIVIDUALS WHILE MEET- quired payment is designated to pay specific sources under this subsection any types of fi- ING WORK REQUIREMENT.—Notwithstanding charges.’’; and nancial resources that the State agency does not paragraph (2), an individual who would other- (2) by adding at the end the following: consider when determining eligibility for— wise be ineligible under that paragraph shall be ‘‘(D) HOMELESS HOUSEHOLDS.— ‘‘(i) cash assistance under a program funded eligible to participate in the food stamp program ‘‘(i) ALTERNATIVE DEDUCTION.—In lieu of the under part A of title IV of the Social Security during any period in which the individual meets deduction provided under subparagraph (A), a Act (42 U.S.C. 601 et seq.); or the work requirement of subparagraph (A), (B), State agency may elect to allow a household in ‘‘(ii) medical assistance under section 1931 of or (C) of that paragraph.’’; and which all members are homeless individuals, but the Social Security Act (42 U.S.C. 1396u–1). (4) in paragraph (6)(A)(ii)— that is not receiving free shelter throughout the ‘‘(B) LIMITATIONS.—Subparagraph (A) does (A) in subclause (III), by adding ‘‘and’’ at the month, to receive a deduction of $143 per month. not authorize a State agency to exclude— end; ‘‘(ii) INELIGIBILITY.—The State agency may ‘‘(i) cash; (B) in subclause (IV)— make a household with extremely low shelter ‘‘(ii) licensed vehicles; (i) by striking ‘‘3’’ and inserting ‘‘6’’; and costs ineligible for the alternative deduction ‘‘(iii) amounts in any account in a financial (ii) by striking ‘‘; and’’ and inserting a period; under clause (i).’’. institution that are readily available to the and (b) CONFORMING AMENDMENTS.—Section 5 of household; or (C) by striking subclause (V). the Food Stamp Act of 1977 (7 U.S.C. 2014) is ‘‘(iv) any other similar type of resource the in- (b) IMPLEMENTATION OF AMENDMENTS.—For amended— clusion in financial resources of which the Sec- the purpose of implementing the amendments (1) in subsection (e)— retary determines by regulation to be essential made by subsection (a), a State agency shall dis- (A) by striking paragraph (5); and to equitable determinations of eligibility under regard any period during which an individual (B) by redesignating paragraphs (6) and (7) as the food stamp program, except to the extent received food stamp benefits before the effective paragraphs (5) and (6), respectively; and that any of those types of resources are ex- date of this title. (2) in subsection (k)(4)(B), by striking ‘‘sub- cluded under another paragraph of this sub- SEC. 422. PRESERVATION OF ACCESS TO ELEC- section (e)(7)’’ and inserting ‘‘subsection (e)(6)’’. section.’’. TRONIC BENEFITS. SEC. 415. SIMPLIFIED UTILITY ALLOWANCE. (a) IN GENERAL.—Section 7(i)(1) of the Food SEC. 419. ALTERNATIVE ISSUANCE SYSTEMS IN Section 5(e)(6)(C)(iii) of the Food Stamp Act of DISASTERS. Stamp Act of 1977 (7 U.S.C. 2016(i)(1)) is amend- 1977 (as amended by section 414(b)(1)(B)) is Section 5(h)(3)(B) of the Food Stamp Act of ed by adding at the end the following: amended— 1977 (7 U.S.C. 2014(h)(3)(B)) is amended— ‘‘(E) ACCESS TO EBT SYSTEMS.— (1) in subclause (I)(bb), by inserting ‘‘(without ‘‘(i) IN GENERAL.—No benefits shall be taken (1) in the first sentence, by inserting regard to subclause (III))’’ after ‘‘Secretary off-line or otherwise made inaccessible because ‘‘issuance methods and’’ after ‘‘shall adjust’’; finds’’; and of inactivity until at least 180 days have elapsed and (2) by adding at the end the following: since a household last accessed the account of (2) in the second sentence, by inserting ‘‘, any ‘‘(III) INAPPLICABILITY OF CERTAIN RESTRIC- the household. conditions that make reliance on electronic ben- TIONS.—Clauses (ii)(II) and (ii)(III) shall not ‘‘(ii) NOTICE TO HOUSEHOLD.—In a case in efit transfer systems described in section 7(i) im- apply in the case of a State agency that has which benefits are taken off-line or otherwise practicable,’’ after ‘‘personnel’’. made the use of a standard utility allowance made inaccessible, the household shall be sent a mandatory under subclause (I).’’. SEC. 420. STATE OPTION TO REDUCE REPORTING notice that— REQUIREMENTS. SEC. 416. SIMPLIFIED PROCEDURE FOR DETER- ‘‘(I) explains how to reactivate the benefits; MINATION OF EARNED INCOME. Section 6(c)(1) of the Food Stamp Act of 1977 and Section 5(f)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c)(1)) is amended— ‘‘(II) offers assistance if the household is hav- (7 U.S.C. 2014(f)(1)) is amended by adding at the (1) in subparagraph (B), by striking ‘‘on a ing difficulty accessing the benefits of the end the following: monthly basis’’; and household.’’. ‘‘(C) SIMPLIFIED DETERMINATION OF EARNED (2) by adding at the end the following: (b) APPLICABILITY.—The amendment made by INCOME.— ‘‘(D) FREQUENCY OF REPORTING.— subsection (a) shall apply with respect to each ‘‘(i) IN GENERAL.—A State agency may elect to ‘‘(i) IN GENERAL.—Except as provided in sub- State agency beginning on the date on which determine monthly earned income by multi- paragraphs (A) and (C), a State agency may re- the State agency, after the date of enactment of plying weekly income by 4 and biweekly income quire households that report on a periodic basis this Act, enters into a contract to operate an by 2. to submit reports— electronic benefit transfer system. ‘‘(I) not less often than once each 6 months; ‘‘(ii) ADJUSTMENT OF EARNED INCOME DEDUC- SEC. 423. COST NEUTRALITY FOR ELECTRONIC TION.—A State agency that makes an election but BENEFIT TRANSFER SYSTEMS. described in clause (i) shall adjust the earned ‘‘(II) not more often than once each month. Section 7(i)(2) of the Food Stamp Act of 1977 income deduction under subsection (e)(2)(B) to ‘‘(ii) REPORTING BY HOUSEHOLDS WITH EXCESS (7 U.S.C. 2016(i)(2)) is amended— the extent necessary to prevent the election from INCOME.—A household required to report less (1) by striking subparagraph (A); and resulting in increased costs to the food stamp often than once each 3 months shall, notwith- (2) by redesignating subparagraphs (B) program, as determined consistent with stand- standing subparagraph (B), report in a manner through (I) as subparagraphs (A) through (H), ards promulgated by the Secretary.’’. prescribed by the Secretary if the income of the respectively. household for any month exceeds the standard SEC. 417. SIMPLIFIED DETERMINATION OF DE- SEC. 424. ALTERNATIVE PROCEDURES FOR RESI- DUCTIONS. established under section 5(c)(2).’’. DENTS OF CERTAIN GROUP FACILI- Section 5(f)(1) of the Food Stamp Act of 1977 SEC. 421. BENEFITS FOR ADULTS WITHOUT DE- TIES. (7 U.S.C. 2014(f)(1)) (as amended by section 416) PENDENTS. (a) IN GENERAL.—Section 8 of the Food Stamp is amended by adding at the end the following: (a) IN GENERAL.—Section 6(o) of the Food Act of 1977 (7 U.S.C. 2017) is amended by adding ‘‘(D) SIMPLIFIED DETERMINATION OF DEDUC- Stamp Act of 1977 (7 U.S.C. 2015(o)) is at the end the following: TIONS.— amended— ‘‘(f) SIMPLIFIED PROCEDURES FOR RESIDENTS ‘‘(i) IN GENERAL.—Except as provided in (1) in paragraph (1)— OF CERTAIN GROUP FACILITIES.— clause (ii), for the purposes of subsection (e), a (A) in subparagraph (B), by striking ‘‘and’’ at ‘‘(1) IN GENERAL.—At the option of the State State agency may elect to disregard until the the end; agency, allotments for residents of facilities de- next redetermination of eligibility under section (B) in subparagraph (C)— scribed in subparagraph (B), (C), (D), or (E) of 11(e)(4) 1 or more types of changes in the cir- (i) by striking ‘‘subsection (d)(4),’’ and insert- section 3(i)(5) may be determined and issued cumstances of a household that affect the ing ‘‘subsection (d)(4)’’; and under this subsection in lieu of subsection (a). amount of deductions the household may claim (ii) by striking the period at the end and in- ‘‘(2) AMOUNT OF ALLOTMENT.—The allotment under subsection (e). serting ‘‘; and’’; and for each eligible resident described in paragraph ‘‘(ii) CHANGES THAT MAY NOT BE DIS- (C) by adding at the end the following: (1) shall be calculated in accordance with REGARDED.—Under clause (i), a State agency ‘‘(D) a job search program or job search train- standardized procedures established by the Sec- may not disregard— ing program if— retary that take into account the allotments ‘‘(I) any reported change of residence; or ‘‘(i) the program meets standards established typically received by residents of facilities de- ‘‘(II) under standards prescribed by the Sec- by the Secretary to ensure that the participant scribed in paragraph (1). retary, any change in earned income.’’. is continuously and actively seeking employ- ‘‘(3) ISSUANCE OF ALLOTMENT.— SEC. 418. SIMPLIFIED DEFINITION OF RE- ment in the private sector; and ‘‘(A) IN GENERAL.—The State agency shall SOURCES. ‘‘(ii) no position is currently available for the issue an allotment determined under this sub- Section 5(g) of the Food Stamp Act of 1977 (7 participant in an employment or training pro- section to the administration of a facility de- U.S.C. 2014(g)) is amended by adding at the end gram that meets the requirements of subpara- scribed in paragraph (1) as the authorized rep- the following: graph (C).’’; resentative of the residents of the facility.

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‘‘(B) ADJUSTMENT.—The Secretary shall estab- (v) by striking ‘‘shall not’’ and all that fol- (II) in subclause (III), by striking ‘‘has been lish procedures to ensure that a facility de- lows and inserting a period. anticipated for the certification period’’ and in- scribed in paragraph (1) does not receive a (2) Section 5(a) of the Food Stamp Act of 1977 serting ‘‘was anticipated when the household greater proportion of a resident’s monthly allot- (7 U.S.C. 2014(a)) is amended by striking ‘‘the applied or at the most recent redetermination of ment than the proportion of the month during third sentence of section 3(i)’’ each place it ap- eligibility for the household’’; and which the resident lived in the facility. pears and inserting ‘‘section 3(i)(4)’’. (ii) in paragraph (6)(C)(iii)(II), by striking ‘‘(4) DEPARTURES OF COVERED RESIDENTS.— (3) Section 8(e)(1) of the Food Stamp Act of ‘‘the end of a certification period’’ and inserting ‘‘(A) NOTIFICATION.—Any facility described in 1977 (7 U.S.C. 2017(e)(1)) is amended by striking ‘‘each redetermination of the eligibility of the paragraph (1) that receives an allotment for a ‘‘the last sentence of section 3(i)’’ and inserting household’’. resident under this subsection shall— ‘‘section 3(i)(5)’’. (3) Section 6 of the Food Stamp Act of 1977 (7 ‘‘(i) notify the State agency promptly on the (4) Section 17(b)(1)(B)(iv)(III)(aa) of the Food U.S.C. 2015) is amended— departure of the resident; and Stamp Act of 1977 (7 U.S.C. (A) in subsection (c)(1)(C)(iv), by striking ‘‘(ii) notify the resident, before the departure 2026(b)(1)(B)(iv)(III)(aa)) is amended by striking ‘‘certification period’’ each place it appears and of the resident, that the resident— ‘‘the last 2 sentences of section 3(i)’’ and insert- inserting ‘‘interval between required redeter- ‘‘(I) is eligible for continued benefits under ing ‘‘paragraphs (4) and (5) of section 3(i)’’. minations of eligibility’’; and the food stamp program; and SEC. 425. REDEMPTION OF BENEFITS THROUGH (B) in subsection (d)(1)(D)(v)(II), by striking ‘‘(II) should contact the State agency con- GROUP LIVING ARRANGEMENTS. ‘‘a certification period’’ and inserting ‘‘an eligi- cerning continuation of the benefits. Section 10 of the Food Stamp Act of 1977 (7 bility review period’’. ‘‘(B) ISSUANCE TO DEPARTED RESIDENTS.—On U.S.C. 2019) is amended by inserting after the (4) Section 8(c) of the Food Stamp Act of 1977 receiving a notification under subparagraph first sentence the following: ‘‘Notwithstanding (7 U.S.C. 2017(c)) is amended— (A)(i) concerning the departure of a resident, the preceding sentence, a center, organization, (A) in the second sentence of paragraph (1), the State agency— institution, shelter, group living arrangement, by striking ‘‘within a certification period’’; and ‘‘(i) shall promptly issue the departed resident or establishment described in that sentence may (B) in paragraph (2)(B), by striking ‘‘expira- an allotment for the days of the month after the be authorized to redeem coupons through a fi- tion of’’ and all that follows through ‘‘during a departure of the resident (calculated in a man- nancial institution described in that sentence if certification period,’’ and inserting ‘‘termi- ner prescribed by the Secretary) unless the de- the center, organization, institution, shelter, nation of benefits to the household,’’. parted resident reapplies to participate in the group living arrangement, or establishment is (5) Section 11(e)(16) of the Food Stamp Act of food stamp program; and equipped with 1 or more point-of-sale devices 1977 (7 U.S.C. 2020(e)(16)) is amended by striking ‘‘(ii) may issue an allotment for the month fol- and is operating in an area in which an elec- ‘‘the certification or recertification’’ and insert- lowing the month of the departure (but not any tronic benefit transfer system described in sec- ing ‘‘determining the eligibility’’. subsequent month) based on this subsection un- tion 7(i) has been implemented.’’. SEC. 428. CLEARINGHOUSE FOR SUCCESSFUL NU- less the departed resident reapplies to partici- SEC. 426. AVAILABILITY OF FOOD STAMP PRO- TRITION EDUCATION EFFORTS. pate in the food stamp program. GRAM APPLICATIONS ON THE INTER- Section 11(f) of the Food Stamp Act of 1977 (7 ‘‘(C) STATE OPTION.—The State agency may NET. U.S.C. 2020(f)) is amended by striking para- elect not to issue an allotment under subpara- Section 11(e)(2)(B)(ii) of the Food Stamp Act graph (2) and inserting the following: graph (B)(i) if the State agency lacks sufficient of 1977 (7 U.S.C. 2020(e)(2)(B)(ii)) is amended— ‘‘(2) NUTRITION EDUCATION CLEARINGHOUSE.— information on the location of the departed resi- (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; The Secretary shall— dent to provide the allotment. (2) in subclause (I) (as designated by para- ‘‘(A) request State agencies to submit to the ‘‘(D) EFFECT OF REAPPLICATION.—If the de- graph (1)), by adding ‘‘and’’ at the end; and Secretary descriptions of successful nutrition parted resident reapplies to participate in the (3) by adding at the end the following: education programs designed for use in the food food stamp program, the allotment of the de- ‘‘(II) if the State agency maintains a website stamp program and other nutrition assistance parted resident shall be determined without re- for the State agency, shall make the application programs; gard to this subsection.’’. available on the website in each language in ‘‘(B) make the descriptions submitted under (b) CONFORMING AMENDMENTS.— which the State agency makes a printed appli- subparagraph (A) available on the website of (1) Section 3(i) of the Food Stamp Act of 1977 cation available;’’. the Department of Agriculture; and (7 U.S.C. 2012(i)) is amended— SEC. 427. SIMPLIFIED DETERMINATIONS OF CON- ‘‘(C) inform State agencies of the availability (A) by striking ‘‘(i) ‘Household’ means (1) an’’ TINUING ELIGIBILITY. of the descriptions on the website.’’. and inserting the following: (a) IN GENERAL.—Section 11(e) of the Food SEC. 429. TRANSITIONAL FOOD STAMPS FOR FAM- ‘‘(i)(1) ‘Household’ means— Stamp Act of 1977 (7 U.S.C. 2020(e)) is ILIES MOVING FROM WELFARE. ‘‘(A) an’’; amended— (a) IN GENERAL.—Section 11 of the Food (B) in the first sentence, by striking ‘‘others, (1) by striking paragraph (4) and inserting the Stamp Act of 1977 (7 U.S.C. 2020) is amended by or (2) a group’’ and inserting the following: following: adding at the end the following: ‘‘others; or ‘‘(4)(A) that the State agency shall periodi- ‘‘(s) TRANSITIONAL BENEFITS OPTION.— ‘‘(B) a group’’; cally require each household to cooperate in a ‘‘(1) IN GENERAL.—A State agency may pro- (C) in the second sentence, by striking redetermination of the eligibility of the house- vide transitional food stamp benefits to a house- ‘‘Spouses’’ and inserting the following: hold. hold that ceases to receive cash assistance under ‘‘(2) Spouses’’; ‘‘(B) A redetermination under subparagraph a State program funded under part A of title IV (D) in the third sentence, by striking ‘‘Not- (A) shall— of the Social Security Act (42 U.S.C. 601 et seq.). ‘‘(i) be based on information supplied by the withstanding’’ and inserting the following: ‘‘(2) TRANSITIONAL BENEFITS PERIOD.—Under ‘‘(3) Notwithstanding’’; household; and paragraph (1), a household may continue to re- ‘‘(ii) conform to standards established by the (E) in paragraph (3) (as designated by sub- ceive food stamp benefits for a period of not Secretary. paragraph (D)), by striking ‘‘the preceding sen- more than 6 months after the date on which ‘‘(C) The interval between redeterminations of tences’’ and inserting ‘‘paragraphs (1) and (2)’’; cash assistance is terminated. eligibility under subparagraph (A) shall not ex- (F) in the fourth sentence, by striking ‘‘In no ‘‘(3) AMOUNT OF BENEFITS.—During the tran- ceed the eligibility review period;’’ and event’’ and inserting the following: sitional benefits period under paragraph (2), a (2) in paragraph (10)— ‘‘(4) In no event’’; (A) by striking ‘‘within the household’s cer- household shall receive an amount of food (G) in the fifth sentence, by striking ‘‘For the tification period’’; and stamp benefits equal to the allotment received in purposes of this subsection, residents’’ and in- (B) by striking ‘‘or until’’ and all that follows the month immediately preceding the date on serting the following: through ‘‘occurs earlier’’. which cash assistance was terminated, adjusted ‘‘(5) For the purposes of this subsection, the (b) CONFORMING AMENDMENTS.— for— following persons shall not be considered to be (1) Section 3(c) of the Food Stamp Act of 1977 ‘‘(A) the change in household income as a re- residents of institutions and shall be considered (7 U.S.C. 2012(c)) is amended— sult of the termination of cash assistance; and to be individual households: (A) by striking ‘‘Certification period’’ and in- ‘‘(B) any changes in circumstances that may ‘‘(A) Residents’’; and serting ‘‘Eligibility review period’’; and result in an increase in the food stamp allotment (H) in paragraph (5) (as designated by sub- (B) by striking ‘‘certification period’’ each of the household and that the household elects paragraph (G))— place it appears and inserting ‘‘eligibility review to report. (i) by striking ‘‘Act, or are individuals’’ and period’’. ‘‘(4) DETERMINATION OF FUTURE ELIGI- inserting the following: ‘‘Act. (2) Section 5 of the Food Stamp Act of 1977 (7 BILITY.—In the final month of the transitional ‘‘(B) Individuals’’; U.S.C. 2014) is amended— benefits period under paragraph (2), the State (ii) by striking ‘‘such section, temporary’’ and (A) in subsection (d)(2), by striking ‘‘in the agency may— inserting the following: ‘‘that section. certification period which’’ and inserting ‘‘(A) require the household to cooperate in a ‘‘(C) Temporary’’; ‘‘that’’; and redetermination of eligibility; and (iii) by striking ‘‘children, residents’’ and in- (B) in subsection (e) (as amended by section ‘‘(B) initiate a new eligibility review period serting the following: ‘‘children. 414(b)(1)(B))— for the household without regard to whether the ‘‘(D) Residents’’; (i) in paragraph (5)(B)(ii)— preceding eligibility review period has expired. (iv) by striking ‘‘coupons, and narcotics’’ and (I) in subclause (II), by striking ‘‘certification ‘‘(5) LIMITATION.—A household shall not be inserting the following: ‘‘coupons. period’’ and inserting ‘‘eligibility review pe- eligible for transitional benefits under this sub- ‘‘(E) Narcotics’’; and riod’’; and section if the household—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.010 pfrm01 PsN: S25PT1 S1056 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(A) loses eligibility under section 6; preceding fiscal years, the State agency shall have 1 or more members who are not United ‘‘(B) is sanctioned for a failure to perform an pay to the Secretary an amount equal to the States citizens than the lesser of— action required by Federal, State, or local law product obtained by multiplying— ‘‘(I) the percentage of participating house- relating to a cash assistance program described ‘‘(i) the value of all allotments issued by the holds in all States that have 1 or more members in paragraph (1); or State agency in the fiscal year; who are not United States citizens; or ‘‘(C) is a member of any other category of ‘‘(ii) the lesser of— ‘‘(II) the percentage of participating house- households designated by the State agency as ‘‘(I) the ratio that— holds in the State in fiscal year 1998 that had 1 ineligible for transitional benefits.’’. ‘‘(aa) the amount by which the payment error or more members who were not United States (b) CONFORMING AMENDMENTS.— rate of the State agency for the fiscal year ex- citizens. (1) Section 3(c) of the Food Stamp Act of 1977 ceeds by more than 1 percentage point the na- ‘‘(B) ADDITIONAL ADJUSTMENTS.—For fiscal (7 U.S.C. 2012(c)) is amended by adding at the tional performance measure for the fiscal year; year 2003 and each fiscal year thereafter, the end the following: ‘‘The limits specified in this bears to Secretary may make such additional adjust- section may be extended until the end of any ‘‘(bb) 10 percent; or ments to the payment error rate determined transitional benefit period established under ‘‘(II) 1; and under paragraph (2)(A) as the Secretary deter- section 11(s).’’. ‘‘(iii) the amount by which the payment error mines to be consistent with achieving the pur- (2) Section 6(c) of the Food Stamp Act of 1977 rate of the State agency for the fiscal year ex- poses of this Act.’’. (7 U.S.C. 2015(c)) is amended by striking ‘‘No ceeds by more than 1 percentage point the na- (b) APPLICABILITY.—Except as otherwise pro- household’’ and inserting ‘‘Except in a case in tional performance measure for the fiscal year. vided in the amendments made by subsection which a household is receiving transitional ben- ‘‘(D) CORRECTIVE ACTION PLANS.—The Sec- (a), the amendments made by subsection (a) efits during the transitional benefits period retary shall foster management improvements by shall apply to fiscal year 2001 and each fiscal under section 11(s), no household’’. the States by requiring State agencies to develop year thereafter. and implement corrective action plans to reduce SEC. 430. DELIVERY TO RETAILERS OF NOTICES SEC. 432. IMPROVEMENT OF CALCULATION OF OF ADVERSE ACTION. payment errors.’’; STATE PERFORMANCE MEASURES. (2) in paragraph (2)(A), by inserting before Section 14(a) of the Food Stamp Act of 1977 (7 (a) IN GENERAL.—Section 16(c)(8) of the Food the semicolon the following: ‘‘, as adjusted U.S.C. 2023(a)) is amended by striking para- Stamp Act of 1977 (7 U.S.C. 2025(c)(8)) is downward as appropriate under paragraph graph (2) and inserting the following: amended— (10)’’; ‘‘(2) DELIVERY OF NOTICES.—A notice under (1) in subparagraph (B), by striking ‘‘180 days (3) in paragraph (4), by striking ‘‘(4)’’ and all paragraph (1) shall be delivered by any form of after the end of the fiscal year’’ and inserting that follows through the end of the first sen- delivery that the Secretary determines will pro- ‘‘the first May 31 after the end of the fiscal year tence and inserting the following: vide evidence of the delivery.’’. referred to in subparagraph (A)’’; and ‘‘(4) REPORTING REQUIREMENTS.—The Sec- (2) in subparagraph (C), by striking ‘‘30 days SEC. 431. REFORM OF QUALITY CONTROL SYS- retary may require a State agency to report any thereafter’’ and inserting ‘‘the first June 30 TEM. factors that the Secretary considers necessary to after the end of the fiscal year referred to in (a) IN GENERAL.—Section 16(c) of the Food determine a State agency’s payment error rate, subparagraph (A)’’. Stamp Act of 1977 (7 U.S.C. 2025(c)) is enhanced administrative funding, claim for pay- (b) EFFECTIVE DATE.—The amendments made amended— ment error under paragraph (1), or performance by this section take effect on the date of enact- (1) in paragraph (1)— under the performance measures under para- ment of this Act. (A) by striking ‘‘enhances payment accuracy’’ graph (11).’’; and all that follows through ‘‘(A) the Sec- (4) in paragraph (5), by striking ‘‘(5)’’ and all SEC. 433. BONUSES FOR STATES THAT DEM- retary’’ and inserting the following: ‘‘enhances that follows through the end of the second sen- ONSTRATE HIGH PERFORMANCE. payment accuracy and that has the following tence and inserting the following: (a) IN GENERAL.—Section 16(c) of the Food elements: ‘‘(5) PROCEDURES.—To facilitate the imple- Stamp Act of 1977 (7 U.S.C. 2025(c)) (as amended ‘‘(A) ENHANCED ADMINISTRATIVE FUNDING.— mentation of this subsection, each State agency by section 431(a)(6)) is amended by adding at With respect to fiscal year 2001, the Secretary’’; shall expeditiously submit to the Secretary data the end the following: (B) in subparagraph (A)— concerning the operations of the State agency in ‘‘(11) HIGH PERFORMANCE BONUS PAYMENTS.— (i) by striking ‘‘one percentage point to a max- each fiscal year sufficient for the Secretary to ‘‘(A) IN GENERAL.—The Secretary shall— imum of 60’’ and inserting ‘‘1⁄2 of 1 percentage establish the payment error rate for the State ‘‘(i) with respect to fiscal year 2002 and each point to a maximum of 55’’; and agency for the fiscal year, to comply with para- fiscal year thereafter, measure the performance (ii) by striking the semicolon at the end and graph (10), and to determine the amount of en- of each State agency with respect to each of the inserting a period; and hanced administrative funding under paragraph performance measures specified in subparagraph (C) by striking subparagraph (B) and all that (1)(A), high performance bonus payments under (B); and follows and inserting the following: paragraph (11), or claims under subparagraph ‘‘(ii) in fiscal year 2003 and each fiscal year ‘‘(B) INVESTIGATION AND INITIAL SANCTIONS.— (B) or (C) of paragraph (1).’’; thereafter, subject to subparagraphs (C) and ‘‘(i) INVESTIGATION.—Except as provided (5) in paragraph (6)— (D), make high performance bonus payments to under subparagraph (C), for any fiscal year in (A) in the first and third sentences, by strik- the State agencies with the highest or most im- which the Secretary determines that a 95 per- ing ‘‘paragraph (5)’’ each place it appears and proved performance with respect to those per- cent statistical probability exists that the pay- inserting ‘‘paragraph (8)’’; and formance measures. ment error rate of a State agency exceeds the (B) in the first sentence, by inserting ‘‘(but ‘‘(B) PERFORMANCE MEASURES.—The perform- national performance measure for payment error determined without regard to paragraph (10))’’ ance measures specified in this subparagraph rates announced under paragraph (6) by more before ‘‘times that’’; and are— than 1 percentage point, other than for good (6) by adding at the end the following: ‘‘(i) the ratio, expressed as a percentage, cause shown, the Secretary shall investigate the ‘‘(10) ADJUSTMENTS OF PAYMENT ERROR that— administration by the State agency of the food RATE.— ‘‘(I) the number of households in the State stamp program unless the Secretary determines ‘‘(A) IN GENERAL.— that— that sufficient information is already available ‘‘(i) ADJUSTMENT FOR HIGHER PERCENTAGE OF ‘‘(aa) receive food stamps; to review the administration by the State agen- HOUSEHOLDS WITH EARNED INCOME.—With re- ‘‘(bb) have incomes less than 130 percent of cy. spect to fiscal year 2002 and each fiscal year the poverty line (as defined in section 673 of the ‘‘(ii) INITIAL SANCTIONS.—If an investigation thereafter, in applying paragraph (1), the Sec- Community Services Block Grant Act (42 U.S.C. under clause (i) results in a determination that retary shall adjust the payment error rate deter- 9902)); the State agency has been seriously negligent mined under paragraph (2)(A) as necessary to ‘‘(cc) have annual earnings equal to at least (as determined under standards promulgated by take into account any increases in errors that 1000 times the Federal minimum hourly rate the Secretary), the State agency shall pay the result from the State agency’s having a higher under the Fair Labor Standards Act of 1938 (29 Secretary an amount that reflects the extent of percentage of participating households that U.S.C. 201 et seq.); and such negligence (as determined under standards have earned income than the lesser of— ‘‘(dd) have children under age 18; bears to promulgated by the Secretary), not to exceed 5 ‘‘(I) the percentage of participating house- ‘‘(II) the number of households in the State percent of the amount provided to the State holds in all States that have earned income; or that meet the criteria specified in items (bb) agency under subsection (a) for the fiscal year. ‘‘(II) the percentage of participating house- through (dd) of subclause (I); and ‘‘(C) ADDITIONAL SANCTIONS.—If, for any fis- holds in the State in fiscal year 1992 that had ‘‘(ii) 4 additional performance measures, es- cal year, the Secretary determines that a 95 per- earned income. tablished by the Secretary in consultation with cent statistical probability exists that the pay- ‘‘(ii) ADJUSTMENT FOR HIGHER PERCENTAGE OF the National Governors Association, the Amer- ment error rate of a State agency exceeds the HOUSEHOLDS WITH NONCITIZEN MEMBERS.—With ican Public Human Services Association, and national performance measure for payment error respect to fiscal year 2002 and each fiscal year the National Conference of State Legislatures rates announced under paragraph (6) by more thereafter, in applying paragraph (1), the Sec- not later than 180 days after the date of enact- than 1 percentage point, other than for good retary shall adjust the payment error rate deter- ment of this paragraph, of which not less than cause shown, and that the State agency was mined under paragraph (2)(A) as necessary to 1 performance measure shall relate to provision sanctioned under this paragraph or was the take into account any increases in errors that of timely and appropriate services to applicants subject of an investigation or review under sub- result from the State agency’s having a higher for and recipients of food stamp benefits. paragraph (B)(i) for each of the 2 immediately percentage of participating households that ‘‘(C) HIGH PERFORMANCE BONUS PAYMENTS.—

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‘‘(i) DEFINITION OF CASELOAD.—In this sub- available under section 18(a)(1), the Secretary (1) in subparagraph (A), by striking ‘‘No paragraph, the term ‘caseload’ has the meaning shall allocate not more than $25,000,000 for each funds’’ and inserting ‘‘Except as provided in given the term in section 6(o)(6)(A). of fiscal years 2002 through 2006 to reimburse a subparagraph (C), no funds’’; and ‘‘(ii) AMOUNT OF PAYMENTS.— State agency that is eligible under clause (ii) for (2) by adding at the end the following: ‘‘(I) IN GENERAL.—In fiscal year 2003 and each the costs incurred in serving food stamp recipi- ‘‘(C) FOOD STAMP INFORMATIONAL ACTIVI- fiscal year thereafter, the Secretary shall— ents who— TIES.—Subparagraph (A) shall not apply to any ‘‘(aa) make 1 high performance bonus pay- ‘‘(I) are not eligible for an exception under funds or expenditures described in clause (i) or ment of $6,000,000 for each of the 5 performance section 6(o)(3); and (ii) of subparagraph (B) used to pay the costs of measures under subparagraph (B); and ‘‘(II) are placed in and comply with a program any activity that is eligible for reimbursement ‘‘(bb) allocate the high performance bonus described in subparagraph (B) or (C) of section under subsection (a)(4).’’. payment with respect to each performance meas- 6(o)(2). SEC. 437. EXPANDED GRANT AUTHORITY. ure in accordance with subclauses (II) and (III). ‘‘(ii) ELIGIBILITY.—To be eligible for an addi- Section 17(a)(1) of the Food Stamp Act of 1977 ‘‘(II) PAYMENTS FOR PERFORMANCE MEAS- tional allocation under clause (i), a State agen- (7 U.S.C. 2026(a)(1)) is amended— URES.—In fiscal year 2003 and each fiscal year cy shall— (1) by striking ‘‘, by way of making contracts thereafter, the Secretary shall allocate, in ac- ‘‘(I) exhaust the allocation to the State agen- with or grants to public or private organizations cordance with subclause (III), the high perform- cy under subparagraph (A) (including any re- or agencies,’’ and inserting ‘‘enter into con- ance bonus payment made for each performance allocation that has been made available under tracts with or make grants to public or private measure under subparagraph (B) among the 6 subparagraph (C)); and organizations or agencies under this section to’’; State agencies with, as determined by the Sec- ‘‘(II) make and comply with a commitment to and retary by regulation— offer a position in a program described in sub- (2) by adding at the end the following: ‘‘The ‘‘(aa) the greatest improvement in the level of paragraph (B) or (C) of section 6(o)(2) to each waiver authority of the Secretary under sub- performance with respect to the performance applicant or recipient who— section (b) shall extend to all contracts and measure between the 2 most recent years for ‘‘(aa) is in the last month of the 6-month pe- grants under this section.’’. which the Secretary determines that reliable riod described in section 6(o)(2); data are available; ‘‘(bb) is not eligible for an exception under SEC. 438. ACCESS AND OUTREACH PILOT PROJECTS. ‘‘(bb) the highest performance in the perform- section 6(o)(3); Section 17 of the Food Stamp Act of 1977 (7 ance measure for the most recent year for which ‘‘(cc) is not eligible for a waiver under section U.S.C. 2026) is amended by striking subsection the Secretary determines that reliable data are 6(o)(4); and (h) and inserting the following: available; or ‘‘(dd) is not eligible for an exemption under ‘‘(h) ACCESS AND OUTREACH PILOT ‘‘(cc) a combination of the greatest improve- section 6(o)(6).’’. PROJECTS.— ment described in item (aa) and the highest per- (b) RESCISSION OF CARRYOVER FUNDS.—Not- ‘‘(1) IN GENERAL.—The Secretary shall make formance described in item (bb). withstanding any other provision of law, funds grants to State agencies and other entities to ‘‘(III) ALLOCATION AMONG STATE AGENCIES EL- provided under section 16(h)(1)(A) of the Food pay the Federal share of the eligible costs of IGIBLE FOR PAYMENTS.—A high performance Stamp Act of 1977 (7 U.S.C. 2025(h)(1)(A)) for bonus payment under subclause (II) made for a any fiscal year before fiscal year 2002 shall projects to improve— performance measure shall be allocated among cease to be available on the date of enactment of ‘‘(A) access by eligible individuals to benefits the 6 State agencies eligible for the payment in this Act, unless obligated by a State agency be- under the food stamp program; or the ratio that— fore that date. ‘‘(B) outreach to individuals eligible for those ‘‘(aa) the caseload of each of the 6 State agen- (c) PARTICIPANT EXPENSES.—Section benefits. cies eligible for the payment; bears to 6(d)(4)(I)(i)(I) of the Food Stamp Act of 1977 (7 ‘‘(2) FEDERAL SHARE.—The Federal share ‘‘(bb) the caseloads of the 6 State agencies eli- U.S.C. 2015(d)(4)(I)(i)(I)) is amended by striking shall be 75 percent. gible for the payment. ‘‘except that the State agency may limit such re- ‘‘(3) TYPES OF PROJECTS.—To be eligible for a ‘‘(D) PROHIBITION ON RECEIPT OF HIGH PER- imbursement to each participant to $25 per grant under this subsection, a project may con- FORMANCE BONUS PAYMENTS BY STATE AGENCIES month’’ and inserting ‘‘except that, in the case sist of— SUBJECT TO SANCTIONS.—If, for any fiscal year, of each of fiscal years 2002 through 2009, the ‘‘(A) establishing a single site at which indi- a State agency is subject to a sanction under State agency may limit such reimbursement to viduals may apply for— paragraph (1), the State agency shall not be eli- each participant to $50 per month’’. ‘‘(i) benefits under the food stamp program; gible for a high performance bonus payment for (d) FEDERAL REIMBURSEMENT.—Section and the fiscal year. 16(h)(3) of the Food Stamp Act of 1977 (7 U.S.C. ‘‘(ii)(I) supplemental security income benefits ‘‘(E) PAYMENTS NOT SUBJECT TO JUDICIAL RE- 2025(h)(3)) is amended by striking ‘‘except that under title XVI of the Social Security Act (42 VIEW.—A determination by the Secretary wheth- such total amount shall not exceed an amount U.S.C. 1381 et seq.); er, and in what amount, to make a high per- representing $25 per participant per month’’ and ‘‘(II) benefits under the medicaid program formance bonus payment under this paragraph inserting ‘‘except that, in the case of each of fis- under title XIX of the Social Security Act (42 shall not be subject to judicial review.’’. cal years 2002 through 2009, such total amount U.S.C. 1396 et seq.); (b) APPLICABILITY.—The amendment made by shall not exceed an amount representing $50 per ‘‘(III) benefits under the State children’s subsection (a) takes effect on the date of enact- participant per month’’. health insurance program under title XXI of the ment of this Act. (e) EFFECTIVE DATE.—The amendments made Social Security Act (42 U.S.C. 1397aa et seq.); SEC. 434. EMPLOYMENT AND TRAINING PRO- by this section take effect on the date of enact- ‘‘(IV) benefits under the special supplemental GRAM. ment of this Act. nutrition program for women, infants, and chil- (a) LEVELS OF FUNDING.—Section 16(h)(1) of SEC. 435. REAUTHORIZATION OF FOOD STAMP dren under section 17 of the Child Nutrition Act the Food Stamp Act of 1977 (7 U.S.C. 2025(h)(1)) PROGRAM AND FOOD DISTRIBUTION of 1966 (42 U.S.C. 1786); or is amended— PROGRAM ON INDIAN RESERVA- ‘‘(V) benefits under such other programs as (1) in subparagraph (A)— TIONS. the Secretary determines to be appropriate; (A) by striking ‘‘, to remain available until ex- (a) REDUCTIONS IN PAYMENTS FOR ADMINIS- ‘‘(B) developing forms that allow an indi- pended,’’; and TRATIVE COSTS.—Section 16(k)(3) of the Food vidual to apply for more than 1 of the programs (B) by striking clause (vii) and inserting the Stamp Act of 1977 (7 U.S.C. 2025(k)(3)) is referred to in subparagraph (A); following: amended— ‘‘(C) dispatching State agency personnel to ‘‘(vii) for each of fiscal years 2002 through (1) in the first sentence of subparagraph (A), conduct outreach and enroll individuals in the 2006, $90,000,000, to remain available until ex- by striking ‘‘2002’’ and inserting ‘‘2006’’; and food stamp program and other programs in non- pended.’’; (2) in subparagraph (B)(ii), by striking ‘‘2002’’ traditional venues (such as shopping malls, (2) by striking subparagraph (B) and inserting and inserting ‘‘2006’’. schools, community centers, county fairs, clin- the following: (b) CASH PAYMENT PILOT PROJECTS.—Section ics, food banks, and job training centers); ‘‘(B) ALLOCATION.—Funds made available 17(b)(1)(B)(vi) of the Food Stamp Act of 1977 (7 ‘‘(D) developing systems to enable increased under subparagraph (A) shall be made available U.S.C. 2026(b)(1)(B)(vi)) is amended by striking participation in the provision of benefits under to and reallocated among State agencies under ‘‘2002’’ and inserting ‘‘2006’’. the food stamp program through farmers’ mar- a reasonable formula that— (c) GRANTS TO IMPROVE FOOD STAMP PARTICI- kets, roadside stands, and other community-sup- ‘‘(i) is determined and adjusted by the Sec- PATION.—Section 17(i)(1)(A) of the Food Stamp ported agriculture programs, including wireless retary; and Act of 1977 (7 U.S.C. 2026(i)(1)(A)) is amended in electronic benefit transfer systems and other ‘‘(ii) takes into account the number of individ- the first sentence by striking ‘‘2002’’ and insert- systems appropriate to open-air settings where uals who are not exempt from the work require- ing ‘‘2006’’. farmers and other vendors sell directly to con- ment under section 6(o).’’; and (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- sumers; (3) by striking subparagraphs (E) through (G) tion 18(a)(1) of the Food Stamp Act of 1977 (7 ‘‘(E) allowing individuals to submit applica- and inserting the following: U.S.C. 2027(a)(1)) is amended in the first sen- tions for the food stamp program by means of ‘‘(E) ADDITIONAL ALLOCATIONS FOR STATES tence by striking ‘‘2002’’ and inserting ‘‘2006’’. the telephone or the Internet, in particular indi- THAT ENSURE AVAILABILITY OF WORK OPPORTU- SEC. 436. COORDINATION OF PROGRAM INFORMA- viduals who live in rural areas, elderly individ- NITIES.— TION EFFORTS. uals, and individuals with disabilities; ‘‘(i) IN GENERAL.—In addition to the alloca- Section 16(k)(5) of the Food Stamp Act of 1977 ‘‘(F) encouraging consumption of fruit and tions under subparagraph (A), from funds made (7 U.S.C. 2025(k)(5)) is amended— vegetables by developing a cost-effective system

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for providing discounts for purchases of fruit (C) by striking clause (iii) and all that follows (2) EXCEPTION FOR EXPENDITURES FOR CER- and vegetables made through use of electronic and inserting the following: TAIN SYSTEMS.—The amendments made by sub- benefit transfer cards; ‘‘(iii) for fiscal year 2002, $1,356,000,000; and section (a)(2) take effect on the date of enact- ‘‘(G) reducing barriers to participation by in- ‘‘(iv) for each of fiscal years 2003 through ment of this Act. dividuals, with emphasis on working families, 2006, the amount provided in clause (iii), as ad- SEC. 440. ASSISTANCE FOR COMMUNITY FOOD eligible immigrants, elderly individuals, and in- justed by the percentage by which the thrifty PROJECTS. dividuals with disabilities; food plan has been adjusted under section Section 25 of the Food Stamp Act of 1977 (7 ‘‘(H) developing training materials, guide- 3(o)(4) between June 30, 2001, and June 30 of the U.S.C. 2034) is amended— books, and other resources to improve access immediately preceding fiscal year; (1) in subsection (b)(2)(B), by striking ‘‘2002’’ and outreach; to pay the expenditures for nutrition assistance and inserting ‘‘2006’’; ‘‘(I) conforming verification practices under programs for needy persons as described in sub- (2) in subsection (d)— the food stamp program with verification prac- paragraphs (B) and (C).’’; (A) in paragraph (3), by striking ‘‘or’’ at the tices under other assistance programs; and (2) in subparagraph (B)— end; and ‘‘(J) such other activities as the Secretary de- (A) by striking ‘‘(B) The’’ and inserting the (B) by striking paragraph (4) and inserting termines to be appropriate. following: the following: ELECTION.— ‘‘(B) MAXIMUM PAYMENTS TO COMMONWEALTH ‘‘(4) S ‘‘(4) encourage long-term planning activities, ‘‘(A) IN GENERAL.—The Secretary shall de- OF PUERTO RICO.— and multisystem, interagency approaches with velop criteria for selecting recipients of grants ‘‘(i) IN GENERAL.—The’’; multistakeholder collaborations, that build the under this subsection that include the consider- (B) by inserting ‘‘of Puerto Rico’’ after ‘‘Com- long-term capacity of communities to address ation of— monwealth’’ each place it appears; and ‘‘(i) the demonstrated record of a State agency (C) by adding at the end the following: the food and agriculture problems of the commu- or other entity in serving low-income individ- ‘‘(ii) EXCEPTION FOR EXPENDITURES FOR CER- nities, such as food policy councils and food uals; TAIN SYSTEMS.—Notwithstanding subparagraph planning associations; or ‘‘(ii) the ability of a State agency or other en- (A) and clause (i), the Commonwealth of Puerto ‘‘(5) meet, as soon as practicable through the tity to reach hard-to-serve populations; Rico may spend not more than $6,000,000 of the provision of grants of not to exceed $25,000 each, ‘‘(iii) the level of innovative proposals in the amount required to be paid to the Common- specific neighborhood, local, or State food and application of a State agency or other entity for wealth for fiscal year 2002 under subparagraph agriculture needs, including needs for— a grant; and (A) to pay 100 percent of the costs of— ‘‘(A) infrastructure improvement and develop- ‘‘(iv) the development of partnerships between ‘‘(I) upgrading and modernizing the electronic ment (including the purchase of equipment nec- public and private sector entities and linkages data processing system used to carry out nutri- essary for the production, handling, or mar- with the community. tion assistance programs for needy persons; keting of locally produced food); ‘‘(B) PREFERENCE.—In selecting recipients of ‘‘(II) implementing systems to simplify the de- ‘‘(B) planning for long-term solutions; or grants under paragraph (1), the Secretary shall termination of eligibility to receive that nutri- ‘‘(C) the creation of innovative marketing ac- provide a preference to any applicant that con- tion assistance; and tivities that mutually benefit farmers and low- sists of a partnership between a State and a pri- ‘‘(III) operating systems to deliver benefits income consumers.’’; and vate entity, such as— through electronic benefit transfers.’’; and (3) in subsection (e)(1), by striking ‘‘50’’ and ‘‘(i) a food bank; (3) by adding at the end the following: inserting ‘‘75’’. ‘‘(ii) a community-based organization; ‘‘(C) AMERICAN SAMOA.—For each fiscal year, SEC. 441. AVAILABILITY OF COMMODITIES FOR ‘‘(iii) a public school; the Secretary shall reserve 0.4 percent of the THE EMERGENCY FOOD ASSISTANCE ‘‘(iv) a publicly-funded health clinic; funds made available under subparagraph (A) PROGRAM. ‘‘(v) a publicly-funded day care center; and for payment to American Samoa to pay 100 per- (a) IN GENERAL.—Section 27 of the Food ‘‘(vi) a nonprofit health or welfare agency. cent of the expenditures for a nutrition assist- Stamp Act of 1977 (7 U.S.C. 2036) is amended— ‘‘(C) GEOGRAPHICAL DISTRIBUTION OF RECIPI- ance program extended under section 601(c) of (1) in subsection (a)— ENTS.— Public Law 96–597 (48 U.S.C. 1469d(c)). (A) by striking ‘‘1997 through 2002’’ and in- ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(D) GOVERNMENTAL ENTITY.—A govern- serting ‘‘2002 through 2006’’; and Secretary shall select, from all eligible applica- mental entity specified in this subparagraph is— (B) by striking ‘‘$100,000,000’’ and inserting tions received, at least 1 recipient to receive a ‘‘(i) the Commonwealth of Puerto Rico; and ‘‘$110,000,000’’; and grant under this subsection from— ‘‘(ii) for fiscal year 2003 and each fiscal year (2) by adding at the end the following: ‘‘(I) each region of the Department of Agri- thereafter, American Samoa.’’. ‘‘(c) USE OF FUNDS FOR RELATED COSTS.— culture administering the food stamp program; (b) REPORT TO CONGRESS AND INCREASED AU- ‘‘(1) IN GENERAL.—For each of fiscal years and THORIZATION.— 2002 through 2006, the Secretary shall use ‘‘(II) each additional rural or urban area that (1) IN GENERAL.—Not later than 270 days after $10,000,000 of the funds made available under the Secretary determines to be appropriate. the date of enactment of this Act, the Comp- subsection (a) to pay the direct and indirect ‘‘(ii) EXCEPTION.—The Secretary shall not be troller General of the United States shall de- costs of States relating to the processing, stor- required to select grant recipients under clause velop and submit to Congress a report that— ing, transporting, and distributing to eligible re- (i) to the extent that the Secretary determines (A) describes the similarities and differences cipient agencies of— that an insufficient number of eligible grant ap- (in terms of program administration, rules, bene- ‘‘(A) commodities purchased by the Secretary plications has been received. fits, and requirements) between— under subsection (a); and ‘‘(5) PROJECT EVALUATIONS.— (i) the food stamp program under the Food ‘‘(B) commodities acquired from other sources, ‘‘(A) IN GENERAL.—The Secretary shall con- Stamp Act of 1977 (7 U.S.C. 2011 et seq.), other including commodities acquired by gleaning (as duct evaluations of projects funded by grants than section 19 of that Act (7 U.S.C. 2028); and defined in section 111(a) of the Hunger Preven- under this subsection. (ii) the program to provide assistance to Puer- tion Act of 1988 (7 U.S.C. 612c note; Public Law ‘‘(B) LIMITATION.—Not more than 10 percent to Rico under section 19 of that Act (as in effect 100–435)). of funds made available to carry out this sub- on the day before the date of enactment of this ‘‘(2) ALLOCATION OF FUNDS.—The amount re- section shall be used for project evaluations de- Act); scribed in subparagraph (A). (B) specifies the costs and savings associated quired to be used in accordance with paragraph ‘‘(6) MAINTENANCE OF EFFORT.—A State agen- with each similarity and difference; and (1) shall be allocated in accordance with section cy or other entity shall provide assurances to (C) states the recommendation of the Comp- 204(a) of the Emergency Food Assistance Act of the Secretary that funds provided to the State troller General as to whether additional funding 1983 (7 U.S.C. 7508(a)).’’. agency or other entity under this subsection will should be provided to carry out section 19 of (b) EFFECTIVE DATE.—The amendments made be used only to supplement, not to supplant, the that Act. by this section take effect on the date of enact- amount of Federal, State, and local funds other- (2) INCREASED AUTHORIZATION.—Effective on ment of this Act. wise expended to carry out access and outreach the date of submission to Congress of the report SEC. 442. USE OF APPROVED FOOD SAFETY TECH- activities in the State under this Act. under paragraph (1), there is authorized to be NOLOGY. ‘‘(7) FUNDING.—There is authorized to be ap- appropriated to carry out section 19 of the Food (a) IN GENERAL.—Section 27 of the Food propriated to carry out this subsection $3,000,000 Stamp Act of 1977 (7 U.S.C. 2028) (in addition to Stamp Act of 1977 (7 U.S.C. 2036) (as amended for the period of fiscal years 2003 through amounts made available to carry out that sec- by section 441) is amended by adding at the end 2005.’’. tion under law other than this subsection) the following: SEC. 439. CONSOLIDATED BLOCK GRANTS AND $50,000,000 for each fiscal year. ‘‘(d) USE OF APPROVED FOOD SAFETY TECH- ADMINISTRATIVE FUNDS. (3) LIMITATION.—No amounts may be made NOLOGY.— (a) CONSOLIDATED FUNDING.—Section 19(a)(1) available to carry out paragraph (2) unless spe- ‘‘(1) IN GENERAL.—In acquiring commodities of the Food Stamp Act of 1977 (7 U.S.C. cifically provided by an appropriation Act. for distribution through a program specified in 2028(a)(1)) is amended— (c) CONFORMING AMENDMENT.—Section 24 of paragraph (2), the Secretary shall not prohibit (1) in subparagraph (A)— the Food Stamp Act of 1977 (7 U.S.C. 2033) is re- the use of any technology to improve food safety (A) by striking ‘‘the Commonwealth of Puerto pealed. that has been approved by the Secretary or the Rico’’ and inserting ‘‘governmental entities (d) EFFECTIVE DATE.— Secretary of Health and Human Services. specified in subparagraph (D)’’; (1) IN GENERAL.—Except as provided in para- ‘‘(2) PROGRAMS.—A program referred to in (B) in clause (ii), by striking ‘‘and’’ at the graph (2), the amendments made by this section paragraph (1) is a program authorized under— end; and take effect on October 1, 2002. ‘‘(A) this Act;

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‘‘(B) the Agriculture and Consumer Protection stamp benefits under the Food Stamp Act of 1977 ‘‘(A) FISCAL YEAR 2003.—For fiscal year 2003, Act of 1973 (7 U.S.C. 612c note; Public Law 93– (7 U.S.C. 2011 et seq.); the amount of each grant per caseload slot shall 86); (2) the extent to which there exists fraud, and be equal to $50, adjusted by the percentage ‘‘(C) the Emergency Food Assistance Act of the types of fraud that exist, in use of the elec- change between— 1983 (7 U.S.C. 7501 et seq.); tronic benefit transfer systems; and ‘‘(i) the value of the State and local govern- ‘‘(D) the Richard B. Russell National School (3) the efforts being made by the Secretary of ment price index, as published by the Bureau of Lunch Act (42 U.S.C. 1751 et seq.); or Agriculture, retailers, electronic benefit transfer Economic Analysis of the Department of Com- ‘‘(E) the Child Nutrition Act of 1966 (42 U.S.C. system contractors, and States to address the merce, for the 12-month period ending June 30, 1771 et seq.).’’. problems described in paragraphs (1) and (2). 2001; and FFECTIVE ATE (b) E D .—The amendment made SEC. 445. VITAMIN AND MINERAL SUPPLEMENTS. ‘‘(ii) the value of that index for the 12-month by this section takes effect on the date of enact- (a) IN GENERAL.—Section 3(g)(1) of the Food period ending June 30, 2002. ment of this Act. Stamp Act of 1977 (7 U.S.C. 2012(g)(1)) is amend- ‘‘(B) FISCAL YEARS 2004 THROUGH 2006.—For SEC. 443. INNOVATIVE PROGRAMS FOR ADDRESS- ed by striking ‘‘or food product’’ and inserting each of fiscal years 2004 through 2006, the ING COMMON COMMUNITY PROB- amount of each grant per caseload slot shall be LEMS. ‘‘, food product, or dietary supplement that pro- vides exclusively 1 or more vitamins or min- equal to the amount of the grant per caseload (a) IN GENERAL.—The Food Stamp Act of 1977 erals’’. slot for the preceding fiscal year, adjusted by (7 U.S.C. 2011 et seq.) is amended by adding at the percentage change between— the end the following: (b) IMPACT STUDY.— (1) IN GENERAL.—Not later than April 1, 2003, ‘‘(i) the value of the State and local govern- ‘‘SEC. 28. INNOVATIVE PROGRAMS FOR ADDRESS- the Secretary of Agriculture shall enter into a ment price index, as published by the Bureau of ING COMMON COMMUNITY PROB- contract with a scientific research organization Economic Analysis of the Department of Com- LEMS. merce, for the 12-month period ending June 30 of ‘‘(a) IN GENERAL.—The Secretary shall offer to study and develop a report on the technical issues, economic impacts, and health effects as- the second preceding fiscal year; and to enter into a contract with a nongovernmental ‘‘(ii) the value of that index for the 12-month organization described in subsection (b) to co- sociated with allowing individuals to use bene- fits under the Food Stamp Act of 1977 (7 U.S.C. period ending June 30 of the preceding fiscal ordinate with Federal agencies, States, political year.’’; subdivisions, and nongovernmental organiza- 2011 et seq.) to purchase dietary supplements that provide exclusively 1 or more vitamins or (2) in subsection (d)(2), by striking ‘‘2002’’ tions (referred to in this section as ‘targeted en- each place it appears and inserting ‘‘2006’’; and tities’) to develop, and recommend to the tar- minerals (referred to in this subsection as ‘‘vita- min-mineral supplements’’). (3) by striking subsection (l). geted entities, innovative programs for address- (c) DISTRIBUTION OF SURPLUS COMMODITIES ing common community problems, including loss (2) REQUIRED ELEMENTS.—At a minimum, the study shall examine— TO SPECIAL NUTRITION PROJECTS.—Section of farms, rural poverty, welfare dependency, 1114(a)(2)(A) of the Agriculture and Food Act of hunger, the need for job training, juvenile crime (A) the extent to which problems arise in the purchase of vitamin-mineral supplements with 1981 (7 U.S.C. 1431e(2)(A)) is amended in the prevention, and the need for self-sufficiency by first sentence by striking ‘‘2002’’ and inserting individuals and communities. electronic benefit transfer cards; (B) the extent of any difficulties in distin- ‘‘2006’’. ‘‘(b) NONGOVERNMENTAL ORGANIZATION.—The (d) EMERGENCY FOOD ASSISTANCE.—Section nongovernmental organization referred to in guishing vitamin-mineral supplements from herbal and botanical supplements for which 204(a)(1) of the Emergency Food Assistance Act subsection (a)— of 1983 (7 U.S.C. 7508(a)(1)) is amended in the ‘‘(1) shall be selected on a competitive basis; food stamp benefits may not be used; (C) whether participants in the food stamp first sentence— and (1) by striking ‘‘2002’’ and inserting ‘‘2006’’; ‘‘(2) as a condition of entering into the program spend more on vitamin-mineral supple- ments than nonparticipants; (2) by striking ‘‘administrative’’; and contract— (3) by inserting ‘‘storage,’’ after ‘‘proc- ‘‘(A) shall be experienced in working with tar- (D) to what extent vitamin-mineral supple- essing,’’. geted entities, and in organizing workshops that ments are substituted for other foods purchased demonstrate programs to targeted entities; with use of food stamp benefits; SEC. 452. PARTIAL RESTORATION OF BENEFITS ‘‘(B) shall be experienced in identifying pro- (E) the proportion of the average food stamp TO LEGAL IMMIGRANTS. grams that effectively address problems de- allotment that is being used to purchase vita- (a) RESTORATION OF BENEFITS TO ALL QUALI- scribed in subsection (a) that can be imple- min-mineral supplements; and FIED ALIEN CHILDREN.— (1) IN GENERAL.—Section 402(a)(2)(J) of the mented by other targeted entities; (F) the extent to which the quality of the diets ‘‘(C) shall agree— of participants in the food stamp program has Personal Responsibility and Work Opportunity ‘‘(i) to contribute in-kind resources toward the changed as a result of allowing participants to Reconciliation Act of 1996 (8 U.S.C. establishment and maintenance of programs de- use food stamp benefits to purchase vitamin- 1612(a)(2)(J)) is amended by striking ‘‘who’’ and scribed in subsection (a); and mineral supplements. all that follows through ‘‘is under’’ and insert- ‘‘(ii) to provide to targeted entities, free of (3) REPORT.—The report required under para- ing ‘‘who is under’’. charge, information on the programs; graph (1) shall be submitted to the Secretary of (2) CONFORMING AMENDMENTS.— ‘‘(D) shall be experienced in, and capable of, Agriculture not later than 2 years after the date (A) Section 403(c)(2) of the Personal Responsi- receiving information from, and communicating on which the contract referred to in that para- bility and Work Opportunity Reconciliation Act with, targeted entities throughout the United graph is entered into. of 1996 (8 U.S.C. 1613(c)(2)) is amended by add- ing at the end the following: States; and (4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(E) shall be experienced in operating a na- There is authorized to be appropriated $3,000,000 ‘‘(L) Assistance or benefits under the Food tional information clearinghouse that addresses to carry out this subsection. Stamp Act of 1977 (7 U.S.C. 2011 et seq.).’’. 1 or more of the problems described in subsection (B) Section 421(d) of the Personal Responsi- Subtitle B—Miscellaneous Provisions (a). bility and Work Opportunity Reconciliation Act ‘‘(c) AUDITS.—The Secretary shall establish SEC. 451. REAUTHORIZATION OF COMMODITY of 1996 (8 U.S.C. 1631(d)) is amended by adding auditing procedures and otherwise ensure the PROGRAMS. at the end the following: effective use of funds made available under this (a) COMMODITY DISTRIBUTION PROGRAM.— ‘‘(3) This section shall not apply to assistance section. Section 4(a) of the Agriculture and Consumer or benefits under the Food Stamp Act of 1977 (7 ‘‘(d) FUNDING.— Protection Act of 1973 (7 U.S.C. 612c note; Pub- U.S.C. 2011 et seq.) to the extent that a qualified ‘‘(1) IN GENERAL.—Not later than 30 days after lic Law 93–86) is amended in the first sentence alien is eligible under section 402(a)(2)(J).’’. the date of enactment of this section, and on by striking ‘‘2002’’ and inserting ‘‘2006’’. (C) Section 5(i)(2)(E) of the Food Stamp Act of October 1, 2002, out of any funds in the Treas- (b) COMMODITY SUPPLEMENTAL FOOD PRO- 1977 (7 U.S.C. 2014(i)(2)(E)) is amended by in- ury not otherwise appropriated, the Secretary of GRAM.—Section 5 of the Agriculture and Con- serting before the period at the end the fol- the Treasury shall transfer to the Secretary of sumer Protection Act of 1973 (7 U.S.C. 612c note; lowing: ‘‘, or to any alien who is under 18 years Agriculture to carry out this section $200,000, to Public Law 93–86) is amended— of age’’. remain available until expended. (1) by striking subsection (a) and inserting the (3) APPLICABILITY.—The amendments made by ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- following: this subsection shall apply to fiscal year 2004 retary shall be entitled to receive, shall accept, ‘‘(a) GRANTS PER ASSIGNED CASELOAD SLOT.— and each fiscal year thereafter. and shall use to carry out this section the funds ‘‘(1) IN GENERAL.—In carrying out the pro- (b) WORK REQUIREMENT FOR LEGAL IMMI- transferred under paragraph (1), without fur- gram under section 4 (referred to in this section GRANTS.— ther appropriation.’’. as the ‘commodity supplemental food program’), (1) WORKING IMMIGRANT FAMILIES.—Section (b) EFFECTIVE DATE.—The amendment made for each of fiscal years 2003 through 2006, the 402(a)(2)(B)(ii)(I) of the Personal Responsibility by this section takes effect on the date of enact- Secretary shall provide to each State agency and Work Opportunity Reconciliation Act of ment of this Act. from funds made available to carry out that sec- 1996 (8 U.S.C. 1612(a)(2)(B)(ii)(I)) is amended by SEC. 444. REPORT ON USE OF ELECTRONIC BEN- tion (including any such funds remaining avail- striking ‘‘40’’ and inserting ‘‘40 (or 16, in the EFIT TRANSFER SYSTEMS. able from the preceding fiscal year), a grant per case of the specified Federal program described Not later than 1 year after the date of enact- assigned caseload slot for administrative costs in paragraph (3)(B))’’. ment of this Act, the Secretary of Agriculture incurred by the State agency and local agencies (2) CONFORMING AMENDMENTS.— shall submit to Congress a report on— in the State in operating the commodity supple- (A) Section 213A(a)(3)(A) of the Immigration (1) difficulties relating to use of electronic mental food program. and Nationality Act (8 U.S.C. 1183a(a)(3)(A)) is benefit transfer systems in issuance of food ‘‘(2) AMOUNT OF GRANTS.— amended by striking ‘‘40’’ and inserting ‘‘40 (or

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.011 pfrm01 PsN: S25PT1 S1060 CONGRESSIONAL RECORD — SENATE February 25, 2002 16, in the case of the specified Federal program 169 of title 10, United States Code, or any re- (D) how program benefits and services will be described in section 402(a)(3)(B) of the Personal lated provision of law; and’’. affected by the conversion to an individual enti- Responsibility and Work Opportunity Reconcili- (b) EFFECTIVE DATE.—The amendments made tlement program; and ation Act of 1996 (8 U.S.C. 1612(a)(3)(B)))’’. by this section take effect on the date of enact- (E) any other issues that arise from converting (B) Section 421(b)(2)(A) of the Personal Re- ment of this Act. the WIC program to an individual entitlement sponsibility and Work Opportunity Reconcili- SEC. 456. REPORT ON CONVERSION OF WIC PRO- program, as determined by the Secretary of Ag- ation Act of 1996 (8 U.S.C. 1631(b)(2)(A)) is GRAM INTO AN INDIVIDUAL ENTI- riculture. amended by striking ‘‘40’’ and inserting ‘‘40 (or TLEMENT PROGRAM. (d) CONSULTATION.—In preparing the report, 16, in the case of the specified Federal program (a) FINDINGS.—Congress finds that the special the Secretary of Agriculture shall consult with— described in section 402(a)(3)(B))’’. supplemental nutrition program for woman, in- (1) the Committee on Education and the (c) RESTORATION OF BENEFITS TO REFUGEES fants, and children established by section 17 of Workforce of the House of Representatives; AND ASYLEES.—Section 402(a)(2) of the Personal the Child Nutrition Act of 1966 (42 U.S.C. 1786) (2) the Committee on Agriculture, Nutrition Responsibility and Work Opportunity Reconcili- (referred to in this section as the ‘WIC pro- and Forestry of the Senate; ation Act of 1996 (8 U.S.C. 1612(a)(2)) is gram’)— (3) membership organizations representing (1) safeguards the health of low-income preg- amended— State directors and local agencies administering (1) in subparagraph (A), by striking ‘‘pro- nant, postpartum, and breast-feeding women, the WIC program; grams described in paragraph (3)’’ and inserting infants, and children up to 5 years of age who (4) Governors and other State officials; are at nutritional risk through the delivery of ‘‘program described in paragraph (3)(A)’’; and (5) research and policy organizations that (2) by adding at the end the following: individualized food packages, nutrition edu- have a history of carrying out activities on cation, and health referrals; ‘‘(L) FOOD STAMP EXCEPTION FOR REFUGEES issues affecting the WIC program; and (2) is associated with a variety of desirable AND ASYLEES.—With respect to eligibility for (6) advocacy organizations representing the outcomes, including lower incidence of infant benefits for the specified Federal program de- needs of the population that is eligible to par- mortality, reduced prevalence of very low birth scribed in paragraph (3)(B), paragraph (1) shall weights, improved nutrient intake among chil- ticipate in the WIC program. not apply to an alien with respect to which an dren, improved cognitive development among (e) FUNDING.—Notwithstanding any other pro- action described in subparagraph (A) was taken children, and lower Medicaid costs for women vision of law, the Secretary shall carry out this and was not revoked.’’. who participate; section using funds made available for nec- (d) RESTORATION OF BENEFITS TO DISABLED (3) is recognized generally as a leading na- essary expenses to carry out the WIC program. ALIENS.—Section 402(a)(2)(F) of the Personal tional health and nutrition program; SEC. 457. COMMODITY DONATIONS. Responsibility and Work Opportunity Reconcili- (4) as a discretionary program, can have inap- The Commodity Distribution Reform Act and ation Act of 1996 (8 U.S.C. 1612(a)(2)(F)) is propriate funding because funding levels must WIC Amendments of 1987 (7 U.S.C. 612c note; amended by striking ‘‘(i) was’’ and all that fol- be determined early in the year by the President Public Law 100–237) is amended— lows through ‘‘(II) in the case’’ and inserting and the Committees on Appropriations of the (1) by redesignating sections 17 and 18 as sec- the following: House of Representatives and the Senate (re- tions 18 and 19, respectively; and ‘‘(i) in the case of the specified Federal pro- ferred to in this subsection as the ‘‘Commit- (2) by inserting after section 16 the following: gram described in paragraph (3)(A)— tees’’); ‘‘SEC. 17. COMMODITY DONATIONS. ‘‘(I) was lawfully residing in the United (5) can have funding shortfalls in some years ‘‘(a) IN GENERAL.—Notwithstanding any other States on August 22, 1996; and because the economy worsens between the time ‘‘(II) is blind or disabled, as defined in para- provision of law concerning commodity dona- that funding levels are established and the fis- tions, any commodities acquired in the conduct graph (2) or (3) of section 1614(a) of the Social cal year is underway; of the operations of the Commodity Credit Cor- Security Act (42 U.S.C. 1382c(a)); and (6) may have to deny service or reduce bene- poration and any commodities acquired under ‘‘(ii) in the case’’. fits to eligible women, infants, and children in section 32 of the Act of August 24, 1935 (7 U.S.C. SEC. 453. COMMODITIES FOR SCHOOL LUNCH some States as a result of these funding short- 612c), to the extent that the commodities are in PROGRAMS. falls; excess of the quantities of commodities needed to (a) IN GENERAL.—Section 6(e)(1)(B) of the (7) may be provided with more funding than is Richard B. Russell National School Lunch Act required in those years in which the economy carry out other authorized activities of the Com- (42 U.S.C. 1755(e)(1)(B)) is amended by striking improves between the time that funding levels modity Credit Corporation and the Secretary ‘‘2001’’ and inserting ‘‘2003’’. are established and the fiscal year is underway, (including any quantity specifically reserved for (b) EFFECTIVE DATE.—The amendment made with the result that the President and the Com- a specific purpose), may be used for any pro- by this section takes effect on the date of enact- mittees will have committed funds to the WIC gram authorized to be carried out by the Sec- ment of this Act. program that could have been devoted to other retary that involves the acquisition of commod- ities for use in a domestic feeding program, in- SEC. 454. ELIGIBILITY FOR FREE AND REDUCED priorities; and PRICE MEALS. (8) would not have this funding uncertainty if cluding any program conducted by the Sec- retary that provides commodities to individuals (a) IN GENERAL.—Section 9(b) of the Richard the WIC program were an entitlement program B. Russell National School Lunch Act (42 U.S.C. that provided benefits to every eligible woman, in cases of hardship. ROGRAMS.—A program described in sub- 1758(b)) is amended by adding at the end the infant, and child seeking benefits. ‘‘(b) P EPORT.—Not later than December 31, section (a) includes a program authorized by— following: (b) R 2002, the Secretary of Agriculture shall submit ‘‘(1) the Emergency Food Assistance Act of ‘‘(7) EXCLUSION OF CERTAIN MILITARY HOUSING to the Committee on Education and the Work- 1983 (7 U.S.C. 7501 et seq.); ALLOWANCES.—For each of fiscal years 2002 and 2003, the amount of a basic allowance provided force of the House of Representatives and the ‘‘(2) the Richard B. Russell National School under section 403 of title 37, United States Code, Committee on Agriculture, Nutrition and For- Lunch Act (42 U.S.C. 1751 et seq.); on behalf of a member of a uniformed service for estry of the Senate a report that analyzes the ‘‘(3) the Child Nutrition Act of 1966 (42 U.S.C. housing that is acquired or constructed under conversion of the WIC program from a discre- 1771 et seq.); ‘‘(4) the Older Americans Act of 1965 (42 subchapter IV of chapter 169 of title 10, United tionary program into an individual entitlement U.S.C. 3001 et seq.); or States Code, or any related provision of law, program. (c) CONTENTS.—The report shall— ‘‘(5) such other laws as the Secretary deter- shall not be considered to be income for the pur- (1) analyze the conversion of the WIC pro- mines to be appropriate.’’. pose of determining the eligibility of a child who gram into an individual entitlement program, SEC. 458. PURCHASES OF LOCALLY PRODUCED is a member of the household of the member of rather than a capped entitlement program for a uniformed service for free or reduced price FOODS. States; (a) IN GENERAL.—The Secretary of Agriculture lunches under this Act.’’. (2) analyze the conversion using at least 3 (b) EFFECTIVE DATE.—The amendment made shall— separate scenarios, including— (1) encourage institutions participating in the by this section takes effect on the date of enact- (A) 1 scenario under which the costs to the ment of this Act. national school lunch program authorized Federal Government approximate current pro- under the Richard B. Russell National School SEC. 455. ELIGIBILITY FOR ASSISTANCE UNDER jected funding levels; Lunch Act (42 U.S.C. 1751 et seq.) and the THE SPECIAL SUPPLEMENTAL NU- (B) 1 scenario under which the costs to the school breakfast program established by section TRITION PROGRAM FOR WOMEN, IN- Federal Government approximate current pro- 4 of the Child Nutrition Act of 1966 (42 U.S.C. FANTS, AND CHILDREN. jected funding levels plus 5 percent; and (a) IN GENERAL.—Section 17(d)(2)(B)(i) of the (C) 1 scenario under which the costs to the 1773) to purchase, in addition to other food pur- Child Nutrition Act of 1966 (42 U.S.C. Federal Government approximate current pro- chases, locally produced foods for school meal 1786(d)(2)(B)(i)) is amended— jected funding levels plus 7 percent; and programs to the maximum extent practicable (1) by striking ‘‘basic allowance for housing’’ (3) address— and appropriate; and inserting the following: ‘‘basic allowance— (A) the levels at which, and manner by which, (2) advise institutions participating in a pro- ‘‘(I) for housing’’; States will be reimbursed for food package costs gram described in paragraph (1) of the policy (2) by striking ‘‘and’’ at the end and inserting and administrative costs; described in that paragraph and post informa- ‘‘or’’; and (B) how current cost containment savings will tion concerning the policy on the website main- (3) by adding at the end the following: be preserved; tained by the Secretary; and ‘‘(II) provided under section 403 of title 37, (C) how reimbursement rates will be adjusted (3) in accordance with requirements estab- United States Code, for housing that is acquired annually to reflect inflation or other factors af- lished by the Secretary, provide start-up grants or constructed under subchapter IV of chapter fecting food prices; to not more than 200 institutions to defray the

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.011 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1061 initial costs of equipment, materials, and storage the school the availability of free fruits and known as the ‘‘Congressional Hunger Fellows facilities, and similar costs, incurred in carrying vegetables under the pilot program. Program’’. out the policy described in paragraph (1). (c) EVALUATION OF PILOT PROGRAM.— (e) BOARD OF TRUSTEES.— (b) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Not later than 1 year after (1) IN GENERAL.—The Program shall be subject (1) IN GENERAL.—There is authorized to be ap- the implementation of the pilot program re- to the supervision and direction of a Board of propriated to carry out this section $400,000 for quired by subsection (a), the Secretary (acting Trustees. each of fiscal years 2002 through 2006. through the Economic Research Service) shall (2) MEMBERS OF THE BOARD.— (2) LIMITATION.—No amounts may be made submit to the Committee on Education and the (A) APPOINTMENT.— available to carry out this section unless specifi- Workforce of the House of Representatives and (i) IN GENERAL.—The Board shall be composed cally provided by an appropriation Act. the Committee on Agriculture, Nutrition, and of 6 voting members appointed under clause (ii) SEC. 459. SENIORS FARMERS’ MARKET NUTRI- Forestry of the Senate an evaluation of the re- and 1 nonvoting ex officio member designated by TION PROGRAM. sults of the pilot program to determine— clause (iii). (a) ESTABLISHMENT.—The Secretary of Agri- (A) whether students took advantage of the (ii) VOTING MEMBERS.—The voting members of culture shall carry out and expand a seniors pilot program; the Board shall be the following: farmers’ market nutrition program. (B) whether interest in the pilot program in- (I) 2 members appointed by the Speaker of the (b) PROGRAM PURPOSE.—The purpose of the creased or lessened over time; House of Representatives. seniors farmers’ market nutrition program is to (C) what effect, if any, the pilot program had (II) 1 member appointed by the minority lead- provide to low-income seniors resources in the on vending machine sales; and er of the House of Representatives. form of fresh, nutritious, unprepared, locally (D) what effect, if any, the pilot program had (III) 2 members appointed by the majority grown fruits, vegetables, and herbs from farm- on the sale of meals served under the Child Nu- leader of the Senate. ers’ markets, roadside stands, and community- trition Act of 1966 (42 U.S.C. 1771 et seq.) and (IV) 1 member appointed by the minority lead- supported agriculture programs. the Richard B. Russell National School Lunch er of the Senate. (c) REGULATIONS.—The Secretary of Agri- Act (42 U.S.C. 1751 et seq.). (iii) NONVOTING MEMBER.—The Executive Di- culture may promulgate such regulations as the (2) FUNDING.—The Secretary shall use $200,000 rector of the Program shall serve as a nonvoting Secretary considers necessary to carry out the of the funds described in subsection (a) to carry ex officio member of the Board. seniors farmers’ market nutrition program under out the evaluation under this subsection. (B) TERMS.— (i) IN GENERAL.—Each member of the Board this section. SEC. 462. CONGRESSIONAL HUNGER FELLOWS (d) FUNDING.— PROGRAM. shall serve for a term of 4 years. (ii) INCOMPLETE TERM.—If a member of the (1) IN GENERAL.—Not later than 30 days after (a) SHORT TITLE.—This section may be cited Board does not serve the full term of the mem- the date of enactment of this Act, and on Octo- as the ‘‘Congressional Hunger Fellows Act of ber, the individual appointed to fill the resulting ber 1, 2002, and each October 1 thereafter 2002’’. vacancy shall be appointed for the remainder of through October 1, 2005, out of any funds in the (b) FINDINGS.—Congress finds that— the term of the predecessor of the individual. Treasury not otherwise appropriated, the Sec- (1) there are— (C) VACANCY.—A vacancy on the Board— retary of the Treasury shall transfer to the Sec- (A) a critical need for compassionate individ- (i) shall not affect the powers of the Board; retary of Agriculture to carry out this section uals who are committed to assisting people who and $15,000,000. suffer from hunger; and (ii) shall be filled in the same manner as the (2) RECEIPT AND ACCEPTANCE.—The Secretary (B) a need for those individuals to initiate original appointment was made. of Agriculture shall be entitled to receive, shall and administer solutions to the hunger problem; (D) CHAIRPERSON.—As the first order of busi- accept, and shall use to carry out this section (2) Bill Emerson, the distinguished late Rep- ness of the first meeting of the Board, the mem- the funds transferred under paragraph (1), resentative from the 8th District of Missouri, bers shall elect a Chairperson. without further appropriation. demonstrated— (E) COMPENSATION.— (e) AUTHORITY.—The authority provided by (A) his commitment to solving the problem of (i) IN GENERAL.—Subject to clause (ii), a mem- this section is in addition to, and not in lieu of, hunger in a bipartisan manner; ber of the Board shall not receive compensation the authority of the Secretary of Agriculture to (B) his commitment to public service; and for service on the Board. carry out any similar program under the Com- (C) his great affection for the institution and (ii) TRAVEL.—A member of the Board shall be modity Credit Corporation Charter Act (15 the ideals of Congress; allowed travel expenses, including per diem in U.S.C. 714 et seq.). (3) George T. (Mickey) Leland, the distin- lieu of subsistence, at rates authorized for an SEC. 460. FARMERS’ MARKET NUTRITION PRO- guished late Representative from the 18th Dis- employee of an agency under subchapter I of GRAM. trict of Texas, demonstrated— chapter 57 of title 5, United States Code, while Section 17(m)(9) of the Child Nutrition Act of (A) his compassion for individuals in need; away from the home or regular place of business 1966 (42 U.S.C. 1786(m)(9)) is amended— (B) his high regard for public service; and of the member in the performance of the duties (C) his lively exercise of political talents; (1) by striking ‘‘(9)(A) There’’ and inserting of the Board. (4) the special concern that Mr. Emerson and the following: (3) DUTIES.— ‘‘(9) FUNDING.— Mr. Leland demonstrated during their lives for (A) BYLAWS.— ‘‘(A) IN GENERAL.— the hungry and poor was an inspiration for oth- (i) ESTABLISHMENT.—The Board shall estab- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ers to work toward the goals of equality and lish such bylaws and other regulations as are There’’; and justice for all; and appropriate to enable the Board to carry out (2) in subparagraph (A), by adding at the end (5) since those 2 outstanding leaders main- this section, including the duties described in the following: tained a special bond of friendship regardless of this paragraph. ‘‘(ii) MANDATORY FUNDING.— political affiliation and worked together to en- (ii) CONTENTS.—Bylaws and other regulations ‘‘(I) IN GENERAL.—Not later than 30 days after courage future leaders to recognize and provide established under clause (i) shall include the date of enactment of the Agriculture, Con- service to others, it is especially appropriate to provisions— servation, and Rural Enhancement Act of 2001, honor the memory of Mr. Emerson and Mr. Le- (I) for appropriate fiscal control, account- out of any funds in the Treasury not otherwise land by establishing a fellowship program to de- ability for funds, and operating principles; appropriated, the Secretary of the Treasury velop and train the future leaders of the United (II) to prevent any conflict of interest, or the shall transfer to the Secretary to carry out this States to pursue careers in humanitarian serv- appearance of any conflict of interest, in— subsection $15,000,000. ice. (aa) the procurement and employment actions ‘‘(II) RECEIPT AND ACCEPTANCE.—The Sec- (c) DEFINITIONS.—In this section: taken by the Board or by any officer or em- retary shall be entitled to receive, shall accept, (1) APPROPRIATE CONGRESSIONAL COMMIT- ployee of the Board; and and shall use to carry out this subsection the TEES.—The term ‘‘appropriate congressional (bb) the selection and placement of individ- funds transferred under subclause (I), without committees’’ means— uals in the fellowships developed under the Pro- further appropriation.’’. (A) the Committee on Agriculture and the gram; SEC. 461. FRUIT AND VEGETABLE PILOT PRO- Committee on International Relations of the (III) for the resolution of a tie vote of the GRAM. House of Representatives; and members of the Board; and (a) IN GENERAL.—In the school year beginning (B) the Committee on Agriculture, Nutrition, (IV) for authorization of travel for members of July 2002, the Secretary of Agriculture shall use and Forestry and the Committee on Foreign Re- the Board. funds made available under section 32 of the Act lations of the Senate. (iii) SUBMISSION TO CONGRESS.—Not later than of August 24, 1935 (7 U.S.C. 612c), to conduct a (2) BOARD.—The term ‘‘Board’’ means the 90 days after the date of the first meeting of the pilot program to make available to students, in Board of Trustees of the Program. Board, the Chairperson of the Board shall sub- 25 elementary or secondary schools in each of 4 (3) FUND.—The term ‘‘Fund’’ means the Con- mit to the appropriate congressional committees States, and in elementary or secondary schools gressional Hunger Fellows Trust Fund estab- a copy of the bylaws established by the Board. on 1 Indian reservation, free fruits and vegeta- lished by subsection (g). (B) BUDGET.—For each fiscal year in which bles throughout the school day in— (4) PROGRAM.—The term ‘‘Program’’ means the Program is in operation— (1) a cafeteria; the Congressional Hunger Fellows Program es- (i) the Board shall determine a budget for the (2) a student lounge; or tablished by subsection (d). Program for the fiscal year; and (3) another designated room of the school. (d) ESTABLISHMENT.—There is established as (ii) all spending by the Program shall be in (b) PUBLICITY.—A school that participates in an independent entity of the legislative branch accordance with the budget unless a change is the pilot program shall widely publicize within of the United States Government an entity to be approved by the Board.

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(C) PROCESS FOR SELECTION AND PLACEMENT (IV) proficient writing and speaking skills; (h) EXPENDITURES; AUDITS.— OF FELLOWS.—The Board shall review and ap- (V) an ability to live in poor or diverse com- (1) IN GENERAL.—The Secretary of the Treas- prove the process established by the Executive munities; and ury shall transfer to the Program from the Director for the selection and placement of indi- (VI) such other attributes as the Board deter- amounts described in subsections (g)(2)(D) and viduals in the fellowships developed under the mines to be appropriate. (i)(3)(A) such sums as the Board determines to Program. (iii) AMOUNT OF AWARD.— be necessary to enable the Program to carry out (D) ALLOCATION OF FUNDS TO FELLOWSHIPS.— (I) IN GENERAL.—Each individual awarded a this section. The Board shall determine— fellowship under this paragraph shall receive a (2) LIMITATION.—The Secretary may not (i) the priority of the programs to be carried living allowance and, subject to subclause (II), transfer to the Program the amounts appro- out under this section; and an end-of-service award as determined by the priated to the Fund under subsection (k). (ii) the amount of funds to be allocated for the Program. (3) USE OF FUNDS.—Funds transferred to the fellowships established under subsection (II) REQUIREMENT FOR SUCCESSFUL COMPLE- Program under paragraph (1) shall be used— (f)(3)(A). TION OF FELLOWSHIP.—Each individual awarded (A) to provide a living allowance for the fel- (f) PURPOSES; AUTHORITY OF PROGRAM.— a fellowship under this paragraph shall be enti- lows; (1) PURPOSES.—The purposes of the Program tled to receive an end-of-service award at an ap- (B) to defray the costs of transportation of the are— propriate rate for each month of satisfactory fellows to the fellowship placement sites; (A) to encourage future leaders of the United service as determined by the Executive Director. (C) to defray the costs of appropriate insur- States to pursue careers in humanitarian serv- (iv) RECOGNITION OF FELLOWSHIP AWARD.— ance of the fellows, the Program, and the ice; (I) EMERSON FELLOW.—An individual awarded Board; (B) to recognize the needs of people who are a Bill Emerson Hunger Fellowship shall be (D) to defray the costs of preservice and hungry and poor; known as an ‘‘Emerson Fellow’’. midservice education and training of fellows; (C) to provide assistance and compassion for (II) LELAND FELLOW.—An individual awarded (E) to pay staff described in subsection (i); people in need; a Mickey Leland Hunger Fellowship shall be (F) to make end-of-service awards under sub- (D) to increase awareness of the importance of known as a ‘‘Leland Fellow’’. section (f)(3)(D)(iii)(II); and public service; and (4) EVALUATIONS.— (G) for such other purposes as the Board de- (E) to provide training and development op- (A) IN GENERAL.—The Program shall conduct termines to be appropriate to carry out the Pro- portunities for the leaders through placement in periodic evaluations of the Bill Emerson and gram. programs operated by appropriate entities. Mickey Leland Hunger Fellowships. (4) AUDIT BY COMPTROLLER GENERAL.— (2) AUTHORITY.—The Program may develop (B) REQUIRED ELEMENTS.—Each evaluation (A) IN GENERAL.—The Comptroller General of fellowships to carry out the purposes of the Pro- shall include— the United States shall conduct an annual audit gram, including the fellowships described in (i) an assessment of the successful completion of the accounts of the Program. paragraph (3). of the work plan of each fellow; (B) BOOKS.—The Program shall make avail- (3) FELLOWSHIPS.— (ii) an assessment of the impact of the fellow- able to the Comptroller General all books, ac- (A) IN GENERAL.—The Program shall establish ship on the fellows; counts, financial records, reports, files, and and carry out the Bill Emerson Hunger Fellow- (iii) an assessment of the accomplishment of other papers, things, or property belonging to or ship and the Mickey Leland Hunger Fellowship. the purposes of the Program; and in use by the Program and necessary to facili- (B) CURRICULUM.— (iv) an assessment of the impact of each fellow tate the audit. (i) IN GENERAL.—The fellowships established on the community. (C) REPORT TO CONGRESS.—The Comptroller under subparagraph (A) shall provide experi- (g) TRUST FUND.— General shall submit to the appropriate congres- ence and training to develop the skills and un- (1) ESTABLISHMENT.—There is established in sional committees a copy of the results of each derstanding necessary to improve the humani- the Treasury of the United States a fund to be audit under subparagraph (A). tarian conditions and the lives of individuals known as the ‘‘Congressional Hunger Fellows (i) STAFF; POWERS OF PROGRAM.— who suffer from hunger, including— Trust Fund’’, consisting of— (1) EXECUTIVE DIRECTOR.— (I) training in direct service to the hungry in (A) amounts appropriated to the Fund under (A) IN GENERAL.—The Board shall appoint an conjunction with community-based organiza- subsection (k); Executive Director of the Program who shall— tions through a program of field placement; and (B) any amounts earned on investment of (i) administer the Program; and (II) experience in policy development through amounts in the Fund under paragraph (2); and (ii) carry out such other functions consistent placement in a governmental entity or nonprofit (C) amounts received under subsection with this section as the Board shall prescribe. organization. (i)(3)(A). (B) RESTRICTION.—The Executive Director (ii) FOCUS.— (2) INVESTMENT OF AMOUNTS.— may not serve as Chairperson of the Board. (I) BILL EMERSON HUNGER FELLOWSHIP.—The (A) IN GENERAL.— (C) COMPENSATION.—The Executive Director Bill Emerson Hunger Fellowship shall address (i) AUTHORITY TO INVEST.—The Secretary of shall be paid at a rate not to exceed the rate hunger and other humanitarian needs in the the Treasury shall invest such portion of the payable for level V of the Executive Schedule United States. Fund as is not, in the judgment of the Secretary under section 5316 of title 5, United States Code. (II) MICKEY LELAND HUNGER FELLOWSHIP.— of the Treasury, required to meet current with- (2) STAFF.— The Mickey Leland Hunger Fellowship shall ad- drawals. (A) IN GENERAL.—With the approval of a ma- dress international hunger and other humani- (ii) TYPES OF INVESTMENTS.—Each investment jority of the Board, the Executive Director may tarian needs. may be made only in an interest-bearing obliga- appoint and fix the pay of such additional per- (iii) WORK PLAN.—To carry out clause (i) and tion of the United States or an obligation guar- sonnel as the Executive Director considers nec- to assist in the evaluation of the fellowships anteed as to principal and interest by the essary to carry out this section. under paragraph (4), the Program shall, for United States that, as determined by the Sec- (B) COMPENSATION.—An individual appointed each fellow, approve a work plan that identifies retary of the Treasury in consultation with the under subparagraph (A) shall be paid at a rate the target objectives for the fellow in the fellow- Board, has a maturity suitable for the Fund. not to exceed the rate payable for level GS–15 of ship, including the specific duties and respon- (B) ACQUISITION OF OBLIGATIONS.—For the the General Schedule. sibilities relating to the objectives. purpose of investments under subparagraph (A), (3) POWERS.— (C) PERIOD OF FELLOWSHIP.— obligations may be acquired— (A) GIFTS.— (i) EMERSON FELLOWSHIP.—A Bill Emerson (i) on original issue at the issue price; or (i) IN GENERAL.—The Program may solicit, ac- Hunger Fellowship awarded under this para- (ii) by purchase of outstanding obligations at cept, use, and dispose of gifts, bequests, or de- graph shall be for a period of not more than 1 the market price. vises of services or property, both real and per- year. (C) SALE OF OBLIGATIONS.—Any obligation ac- sonal, for the purpose of aiding or facilitating (ii) LELAND FELLOWSHIP.—A Mickey Leland quired by the Fund may be sold by the Secretary the work of the Program. Hunger Fellowship awarded under this para- of the Treasury at the market price. (ii) USE OF GIFTS.—Gifts, bequests, or devises graph shall be for a period of not more than 2 (D) CREDITS TO FUND.—The interest on, and of money and proceeds from sales of other prop- years, of which not less than 1 year shall be the proceeds from the sale or redemption of, any erty received as gifts, bequests, or devises shall— dedicated to fulfilling the requirement of sub- obligations held in the Fund shall be credited to (I) be deposited in the Fund; and paragraph (B)(i)(I). and form a part of the Fund. (II) be available for disbursement on order of (D) SELECTION OF FELLOWS.— (3) TRANSFERS OF AMOUNTS.— the Board. (i) IN GENERAL.—A fellowship shall be award- (A) IN GENERAL.—The amounts required to be (B) PROCUREMENT OF TEMPORARY AND INTER- ed through a nationwide competition established transferred to the Fund under this subsection MITTENT SERVICES.—To carry out this section, by the Program. shall be transferred at least monthly from the the Program may procure temporary and inter- (ii) QUALIFICATION.—A successful applicant general fund of the Treasury to the Fund on the mittent services in accordance with section shall be an individual who has demonstrated— basis of estimates made by the Secretary of the 3109(b) of title 5, United States Code, at rates for (I) an intent to pursue a career in humani- Treasury. individuals that do not exceed the daily equiva- tarian service and outstanding potential for (B) ADJUSTMENTS.—Proper adjustment shall lent of the annual rate of basic pay payable for such a career; be made in amounts subsequently transferred to level GS–15 of the General Schedule. (II) leadership potential or leadership experi- the extent prior estimates were in excess of or (C) CONTRACT AUTHORITY.—To carry out this ence; less than the amounts required to be trans- section, the Program may, with the approval of (III) diverse life experience; ferred. a majority of the members of the Board, contract

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with and compensate Government and private September 1, 2002, except that a State agency ‘‘(j) GUARANTEE OF LOANS MADE UNDER agencies or persons without regard to section may, at the option of the State agency, elect not STATE BEGINNING FARMER OR RANCHER PRO- 3709 of the Revised Statutes (41 U.S.C. 5). to implement any or all of the amendments until GRAMS.—The Secretary may guarantee under (D) OTHER NECESSARY EXPENDITURES.— October 1, 2002. this title a loan made under a State beginning (i) IN GENERAL.—Subject to clause (ii), the TITLE V—CREDIT farmer or rancher program, including a loan fi- Program may make such other expenditures as Subtitle A—Farm Ownership Loans nanced by the net proceeds of a qualified small the Program considers necessary to carry out issue agricultural bond for land or property de- this section. SEC. 501. DIRECT LOANS. Section 302(b)(1) of the Consolidated Farm scribed in section 144(a)(12)(B)(ii) of the Inter- (ii) PROHIBITION.—The Program may not ex- nal Revenue Code of 1986.’’. pend funds to develop new or expanded projects and Rural Development Act (7 U.S.C. 1922(b)(1)) is amended by striking ‘‘operated’’ and inserting SEC. 507. DOWN PAYMENT LOAN PROGRAM. at which fellows may be placed. Section 310E of the Consolidated Farm and (j) REPORT.—Not later than December 31 of ‘‘participated in the business operations of’’. Rural Development Act (7 U.S.C. 1935) is each year, the Board shall submit to the appro- SEC. 502. FINANCING OF BRIDGE LOANS. amended— priate congressional committees a report on the Section 303(a)(1) of the Consolidated Farm (1) in subsection (b)— activities of the Program carried out during the and Rural Development Act (7 U.S.C. 1923(a)(1)) is amended— (A) in paragraph (1), by striking ‘‘30 percent’’ preceding fiscal year that includes— and inserting ‘‘40 percent’’; and (1) an analysis of the evaluations conducted (1) in subparagraph (C), by striking ‘‘or’’ at (B) in paragraph (3), by striking ‘‘10 years’’ under subsection (f)(4) during the fiscal year; the end; (2) in subparagraph (D), by striking the pe- and inserting ‘‘20 years’’; and and (2) in subsection (c)(3)(B), by striking ‘‘10- (2) a statement of— riod at the end and inserting ‘‘; or’’; and year’’ and inserting ‘‘20-year’’. (A) the total amount of funds attributable to (3) by adding at the end the following: ‘‘(E) refinancing, during a fiscal year, a gifts received by the Program in the fiscal year SEC. 508. BEGINNING FARMER AND RANCHER short-term, temporary bridge loan made by a under subsection (i)(3)(A); and CONTRACT LAND SALES PROGRAM. commercial or cooperative lender to a beginning (B) the total amount of funds described in Subtitle A of the Consolidated Farm and farmer or rancher for the acquisition of land for subparagraph (A) that were expended to carry Rural Development Act (7 U.S.C. 1922 et seq.) is a farm or ranch, if— amended by adding at the end the following: out the Program in the fiscal year. ‘‘(i) the Secretary approved an application for (k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 310F. BEGINNING FARMER AND RANCHER a direct farm ownership loan to the beginning There is authorized to be appropriated to carry CONTRACT LAND SALES PROGRAM. farmer or rancher for acquisition of the land; out this section $18,000,000. ‘‘(a) IN GENERAL.—Not later than October 1, and (l) EFFECTIVE DATE.—This section takes effect 2002, the Secretary shall carry out a pilot pro- ‘‘(ii) funds for direct farm ownership loans on October 1, 2002. gram in not fewer than 10 geographically dis- under section 346(b) were not available at the persed States, as determined by the Secretary, to SEC. 463. NUTRITION INFORMATION AND AWARE- time at which the application was approved.’’. NESS PILOT PROGRAM. guarantee up to 5 loans per State in each of fis- SEC. 503. LIMITATIONS ON AMOUNT OF FARM (a) ESTABLISHMENT.—The Secretary of Agri- cal years 2003 through 2006 made by a private OWNERSHIP LOANS. seller of a farm or ranch to a qualified begin- culture may establish, in not more than 15 Section 305 of the Consolidated Farm and ning farmer or rancher on a contract land sale States, a pilot program to increase the domestic Rural Development Act (7 U.S.C. 1925) is amend- basis, if the loan meets applicable underwriting consumption of fresh fruits and vegetables. ed by striking subsection (a) and inserting the criteria and a commercial lending institution (b) PURPOSE.—The purpose of the program following: agrees to serve as escrow agent. shall be to provide funds to States to assist eligi- ‘‘(a) IN GENERAL.—The Secretary shall not ‘‘(b) DATE OF COMMENCEMENT OF PROGRAM.— ble public and private sector entities with cost- make or insure a loan under section 302, 303, The Secretary shall commence the pilot program share assistance to carry out demonstration 304, 310D, or 310E that would cause the unpaid on making a determination that guarantees of projects— indebtedness under those sections of any 1 bor- contract land sales present a risk that is com- (1) to increase fruit and vegetable consump- rower to exceed the lesser of— tion; and ‘‘(1) the value of the farm or other security; or parable with the risk presented in the case of (2) to convey related health promotion mes- ‘‘(2)(A) in the case of a loan made by the guarantees to commercial lenders.’’. sages. Secretary— Subtitle B—Operating Loans (c) PRIORITY.—To the maximum extent prac- ‘‘(i) to a beginning farmer or rancher, SEC. 511. DIRECT LOANS. ticable, the Secretary shall— $250,000, as adjusted (beginning with fiscal year Section 311(c)(1)(A) of the Consolidated Farm (1) establish the program in States in which 2003) by the inflation percentage applicable to the production of fruits or vegetables is a sig- and Rural Development Act (7 U.S.C. the fiscal year in which the loan is made; or 1941(c)(1)(A)) is amended by striking ‘‘who has nificant industry, as determined by the Sec- ‘‘(ii) to a borrower other than a beginning not’’ and all that follows through ‘‘5 years’’. retary; and farmer or rancher, $200,000; or (2) base the program on strategic initiatives, ‘‘(B) in the case of a loan guaranteed by the SEC. 512. AMOUNT OF GUARANTEE OF LOANS FOR including— Secretary, $700,000, as— TRIBAL FARM OPERATIONS; WAIVER (A) health promotion and education interven- ‘‘(i) adjusted (beginning with fiscal year 2000) OF LIMITATIONS FOR TRIBAL OPER- ATIONS AND OTHER OPERATIONS. tions; by the inflation percentage applicable to the fis- (a) AMOUNT OF GUARANTEE OF LOANS FOR (B) public service and paid advertising or cal year in which the loan is guaranteed; and marketing activities; ‘‘(ii) reduced by the amount of any unpaid in- TRIBAL OPERATIONS.—Section 309(h) of the Con- (C) health promotion campaigns relating to lo- debtedness of the borrower on loans under sub- solidated Farm and Rural Development Act (7 cally grown fruits and vegetables; and title B that are guaranteed by the Secretary.’’. U.S.C. 1929(h)) is amended— (1) in paragraph (4), by striking ‘‘paragraphs (D) social marketing campaigns. SEC. 504. JOINT FINANCING ARRANGEMENTS. (5) and (6)’’ and inserting ‘‘paragraphs (5), (6), (d) PARTICIPANT ELIGIBILITY.—In selecting Section 307(a)(3)(D) of the Consolidated Farm and (7)’’; and States to participate in the program, the Sec- and Rural Development Act (7 U.S.C. (2) by adding at the end the following: retary shall take into consideration, with re- 1927(a)(3)(D)) is amended— ‘‘(7) AMOUNT OF GUARANTEE OF LOANS FOR spect to projects and activities proposed to be (1) by striking ‘‘If’’ and inserting the fol- TRIBAL OPERATIONS.—In the case of an oper- carried out by the State under the program— lowing: (1) experience in carrying out similar projects ‘‘(i) IN GENERAL.—Subject to clause (ii), if’’; ating loan made to a farmer or rancher who is or activities; and a member of an Indian tribe and whose farm or (2) innovation; and (2) by adding at the end the following: ranch is within an Indian reservation (as de- (3) the ability of the State— ‘‘(ii) BEGINNING FARMERS AND RANCHERS.—The fined in section 335(e)(1)(A)(ii)), the Secretary (A) to conduct marketing campaigns for, pro- interest rate charged a beginning farmer or shall guarantee 95 percent of the loan.’’. mote, and track increases in levels of, produce rancher for a loan described in clause (i) shall (b) WAIVER OF LIMITATIONS.—Section 311(c) of consumption; and be 50 basis points less than the rate charged the Consolidated Farm and Rural Development (B) to optimize the availability of produce farmers and ranchers that are not beginning Act (7 U.S.C. 1941(c)) is amended— through distribution of produce. farmers or ranchers.’’. (1) in paragraph (1), by striking ‘‘paragraph (e) FEDERAL SHARE.—The Federal share of the SEC. 505. GUARANTEE PERCENTAGE FOR BEGIN- (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; cost of any project or activity carried out using NING FARMERS AND RANCHERS. and funds provided under this section shall be 50 Section 309(h)(6) of the Consolidated Farm (2) by adding at the end the following: percent. and Rural Development Act (7 U.S.C. 1929(h)(6)) ‘‘(4) WAIVERS.— (f) USE OF FUNDS.—Funds made available to is amended by striking ‘‘GUARANTEED UP’’ and ‘‘(A) TRIBAL FARM AND RANCH OPERATIONS.— carry out this section shall not be made avail- all that follows through ‘‘more than’’ and in- The Secretary shall waive the limitation under able to any foreign for-profit corporation. serting ‘‘GUARANTEED AT 95 PERCENT.—The Sec- paragraph (1)(C) or (3) for a direct loan made (g) AUTHORIZATION OF APPROPRIATIONS.— retary shall guarantee’’. under this subtitle to a farmer or rancher who There is authorized to be appropriated to carry SEC. 506. GUARANTEE OF LOANS MADE UNDER is a member of an Indian tribe and whose farm out this section $25,000,000 for each of fiscal STATE BEGINNING FARMER OR or ranch is within an Indian reservation (as de- years 2002 through 2006. RANCHER PROGRAMS. fined in section 335(e)(1)(A)(ii)) if the Secretary SEC. 464. EFFECTIVE DATE. Section 309 of the Consolidated Farm and determines that commercial credit is not gen- Except as otherwise provided in this title, the Rural Development Act (7 U.S.C. 1929) is amend- erally available for such farm or ranch oper- amendments made by this title take effect on ed by adding at the end the following: ations.

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‘‘(B) OTHER FARM AND RANCH OPERATIONS.— SEC. 527. INVENTORY PROPERTY. ‘‘(i) $1,000,000,000 shall be for guarantees of On a case-by-case determination not subject to Section 335(c) of the Consolidated Farm and farm ownership loans under subtitle A; and administrative appeal, the Secretary may grant Rural Development Act (7 U.S.C. 1985(c)) is ‘‘(ii) $2,000,000,000 shall be for guarantees of a borrower a waiver, 1 time only for a period of amended— operating loans under subtitle B.’’; and 2 years, of the limitation under paragraph (1)(C) (1) in paragraph (1)— (B) in paragraph (2)(A)(ii), by striking ‘‘farm- or (3) for a direct operating loan if the borrower (A) in subparagraph (B)— ers and ranchers’’ and all that follows and in- demonstrates to the satisfaction of the Secretary (i) in clause (i), by striking ‘‘75 days’’ and in- serting ‘‘farmers and ranchers 35 percent for that— serting ‘‘135 days’’; and each of fiscal years 2002 through 2006.’’; and ‘‘(i) the borrower has a viable farm or ranch (ii) by adding at the end the following: (2) in subsection (c), by striking the last sen- operation; ‘‘(iv) COMBINING AND DIVIDING OF PROP- tence. ‘‘(ii) the borrower applied for commercial cred- ERTY.—To the maximum extent practicable, the SEC. 530. INTEREST RATE REDUCTION PROGRAM. it from at least 2 commercial lenders; Secretary shall maximize the opportunity for be- Section 351 of the Consolidated Farm and ‘‘(iii) the borrower was unable to obtain a ginning farmers and ranchers to purchase real Rural Development Act (7 U.S.C. 1999) is commercial loan (including a loan guaranteed property acquired by the Secretary under this amended— by the Secretary); and title by combining or dividing inventory parcels (1) in subsection (a)— ‘‘(iv) the borrower successfully has completed, of the property in such manner as the Secretary (A) by striking ‘‘PROGRAM.—’’ and all that or will complete within 1 year, borrower train- determines to be appropriate.’’; and follows through ‘‘The Secretary’’ and inserting ing under section 359 (from which requirement (B) in subparagraph (C)— ‘‘PROGRAM.—The Secretary’’; and the Secretary shall not grant a waiver under (i) by striking ‘‘75 days’’ and inserting ‘‘135 (B) by striking paragraph (2); section 359(f)).’’. days’’; and (2) by striking subsection (c) and inserting the (ii) by striking ‘‘75-day period’’ and inserting following: Subtitle C—Administrative Provisions ‘‘135-day period’’; ‘‘(c) AMOUNT OF INTEREST RATE REDUCTION.— SEC. 521. ELIGIBILITY OF LIMITED LIABILITY (2) by striking paragraph (2) and inserting the ‘‘(1) IN GENERAL.—In return for a contract en- COMPANIES FOR FARM OWNERSHIP following: tered into by a lender under subsection (b) for LOANS, FARM OPERATING LOANS, ‘‘(2) PREVIOUS LEASE.—In the case of real the reduction of the interest rate paid on a loan, AND EMERGENCY LOANS. property acquired before April 4, 1996, that the the Secretary shall make payments to the lender (a) IN GENERAL.—Sections 302(a), 311(a), and Secretary leased before April 4, 1996, not later in an amount equal to not more than 100 per- 321(a) of the Consolidated Farm and Rural De- than 60 days after the lease expires, the Sec- cent of the cost of reducing the annual rate of velopment Act (7 U.S.C. 1922(a), 1941(a), 1961(a)) retary shall offer to sell the property in accord- interest payable on the loan, except that such are amended by striking ‘‘and joint operations’’ ance with paragraph (1).’’; and payments shall not exceed the cost of reducing each place it appears and inserting ‘‘joint oper- (3) in paragraph (3)— the rate by more than— ations, and limited liability companies’’. (A) in subparagraph (A), by striking ‘‘sub- ‘‘(A) in the case of a borrower other than a (b) CONFORMING AMENDMENT.—Section 321(a) paragraph (B)’’ and inserting ‘‘subparagraphs beginning farmer or rancher, 3 percent; and of the Consolidated Farm and Rural Develop- (B) and (C)’’; and ‘‘(B) in the case of a beginning farmer or ment Act (7 U.S.C. 1961(a)) is amended by strik- (B) by adding at the end the following: rancher, 4 percent. ing ‘‘or joint operations’’ each place it appears ‘‘(C) OFFER TO SELL OR GRANT FOR FARMLAND ‘‘(2) BEGINNING FARMERS AND RANCHERS.—The and inserting ‘‘joint operations, or limited liabil- PRESERVATION.—For the purpose of farmland percentage reduction of the interest rate for ity companies’’. preservation, the Secretary shall— which payments are authorized to be made for SEC. 522. DEBT SETTLEMENT. ‘‘(i) in consultation with the State Conserva- a beginning farmer or rancher under paragraph Section 331(b)(4) of the Consolidated Farm tionist of each State in which inventory prop- (1) shall be 1 percent more than the percentage and Rural Development Act (7 U.S.C. 1981(b)(4)) erty is located, identify each parcel of inventory reduction for farmers and ranchers that are not is amended by striking ‘‘carried out—’’ and all property in the State that should be preserved beginning farmers or ranchers.’’; and that follows through ‘‘(B) after’’ and inserting for agricultural use; and (3) in subsection (e), by striking paragraph (2) ‘‘carried out after’’. ‘‘(ii) offer to sell or grant an easement, restric- and inserting the following: SEC. 523. TEMPORARY AUTHORITY TO ENTER tion, development right, or similar legal right to ‘‘(2) MAXIMUM AMOUNT OF FUNDS.— INTO CONTRACTS; PRIVATE COLLEC- each parcel identified under clause (i) to a ‘‘(A) IN GENERAL.—The total amount of funds TION AGENCIES. State, a political subdivision of a State, or a pri- used by the Secretary to carry out this section (a) IN GENERAL.—Section 331 of the Consoli- vate nonprofit organization separately from the for a fiscal year shall not exceed $750,000,000. dated Farm and Rural Development Act (7 underlying fee or other rights to the property ‘‘(B) BEGINNING FARMERS AND RANCHERS.— U.S.C. 1981) is amended by striking subsections owned by the United States.’’. ‘‘(i) IN GENERAL.—The Secretary shall reserve not less than 25 percent of the funds used by the (d) and (e). SEC. 528. DEFINITIONS. (b) APPLICATION.—The amendment made by Secretary under subparagraph (A) to make pay- (a) QUALIFIED BEGINNING FARMER OR RANCH- subsection (a) shall not apply to a contract en- ments for guaranteed loans made to beginning ER.—Section 343(a)(11)(F) of the Consolidated tered into before the effective date of this Act. farmers and ranchers. Farm and Rural Development Act (7 U.S.C. ‘‘(ii) DURATION OF RESERVATION OF FUNDS.— SEC. 524. INTEREST RATE OPTIONS FOR LOANS 1991(a)(11)(F)) is amended by striking ‘‘25 per- Funds reserved for beginning farmers or ranch- IN SERVICING. cent’’ and inserting ‘‘30 percent’’. Section 331B of the Consolidated Farm and ers under clause (i) for a fiscal year shall be re- (b) DEBT FORGIVENESS.—Section 343(a)(12) of served only until April 1 of the fiscal year.’’. Rural Development Act (7 U.S.C. 1981b) is the Consolidated Farm and Rural Development amended— Act (7 U.S.C. 1991(a)(12)) is amended by striking SEC. 531. OPTIONS FOR SATISFACTION OF OBLI- GATION TO PAY RECAPTURE (1) by striking ‘‘lower of (1) the’’ and inserting subparagraph (B) and inserting the following: the following: ‘‘lowest of— AMOUNT FOR SHARED APPRECIA- ‘‘(B) EXCEPTIONS.—The term ‘debt forgiveness’ ‘‘(1) the’’; and TION AGREEMENTS. does not include— (a) IN GENERAL.—Section 353(e)(7) of the Con- (2) by striking ‘‘original loan or (2) the’’ and ‘‘(i) consolidation, rescheduling, reamortiza- inserting the following: ‘‘original loan; solidated Farm and Rural Development Act (7 tion, or deferral of a loan; or U.S.C. 2001(e)(7)) is amended— ‘‘(2) the rate being charged by the Secretary ‘‘(ii) any write-down provided as part of a res- for loans, other than guaranteed loans, of the (1) in subparagraph (C), by redesignating olution of a discrimination complaint against clauses (i) and (ii) as subclauses (I) and (II), re- same type at the time at which the borrower ap- the Secretary.’’. plies for a deferral, consolidation, rescheduling, spectively, and adjusting the margins appro- SEC. 529. LOAN AUTHORIZATION LEVELS. or reamortization; or priately; ‘‘(3) the’’. Section 346 of the Consolidated Farm and (2) by redesignating subparagraphs (A) Rural Development Act (7 U.S.C. 1994) is through (C) as clauses (i) through (iii), respec- SEC. 525. ANNUAL REVIEW OF BORROWERS. amended— tively, and adjusting the margins appropriately; Section 333 of the Consolidated Farm and (1) in subsection (b)— (3) by striking the paragraph heading and in- Rural Development Act (7 U.S.C. 1983) is amend- (A) by striking paragraph (1) and inserting serting the following: ed by striking paragraph (2) and inserting the the following: ‘‘(7) OPTIONS FOR SATISFACTION OF OBLIGA- following: ‘‘(1) IN GENERAL.—The Secretary may make or TION TO PAY RECAPTURE AMOUNT.— ‘‘(2) except with respect to a loan under sec- guarantee loans under subtitles A and B from ‘‘(A) IN GENERAL.—As an alternative to repay- tion 306, 310B, or 314— the Agricultural Credit Insurance Fund pro- ing the full recapture amount at the end of the ‘‘(A) an annual review of the credit history vided for in section 309 for not more than term of the shared appreciation agreement (as and business operation of the borrower; and $3,750,000,000 for each of fiscal years 2002 determined by the Secretary in accordance with ‘‘(B) an annual review of the continued eligi- through 2006, of which, for each fiscal year— this subsection), a borrower may satisfy the obli- bility of the borrower for the loan;’’. ‘‘(A) $750,000,000 shall be for direct loans, of gation to pay the amount of recapture by— SEC. 526. SIMPLIFIED LOAN APPLICATIONS. which— ‘‘(i) financing the recapture payment in ac- Section 333A(g)(1) of the Consolidated Farm ‘‘(i) $200,000,000 shall be for farm ownership cordance with subparagraph (B); or and Rural Development Act (7 U.S.C. loans under subtitle A; and ‘‘(ii) granting the Secretary an agricultural 1983a(g)(1)) is amended by striking ‘‘of loans the ‘‘(ii) $550,000,000 shall be for operating loans use protection and conservation easement on the principal amount of which is $50,000 or less’’ under subtitle B; and property subject to the shared appreciation and inserting ‘‘of farmer program loans the ‘‘(B) $3,000,000,000 shall be for guaranteed agreement in accordance with subparagraph principal amount of which is $100,000 or less’’. loans, of which— (C).

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‘‘(B) FINANCING OF RECAPTURE PAYMENT.—’’; (2) by adding at the end the following: (ii) by redesignating paragraphs (4) and (5) as and ‘‘(4) DEFINITION OF AGRICULTURAL SUPPLY.— paragraphs (5) and (6), respectively; and (4) by adding at the end the following: In this subsection, the term ‘agricultural supply’ (iii) by inserting after paragraph (3) the fol- ‘‘(C) AGRICULTURAL USE PROTECTION AND CON- includes— lowing: SERVATION EASEMENT.— ‘‘(A) a farm supply; and ‘‘(4) the annual average principal outstanding ‘‘(i) IN GENERAL.—Subject to clause (iii), the ‘‘(B)(i) agriculture-related processing equip- on the guaranteed portions of Government Secretary shall accept an agricultural use pro- ment; Sponsored Enterprise-guaranteed loans (as de- tection and conservation easement from the bor- ‘‘(ii) agriculture-related machinery; and fined in section 5.55(a)(4)) that are in accrual rower for all of the real security property sub- ‘‘(iii) other capital goods related to the storage status;’’. ject to the shared appreciation agreement in lieu or handling of agricultural commodities or prod- (b) EFFECTIVE DATE.—The amendments made of payment of the recapture amount. ucts.’’. by subsection (a) take effect on the date on ‘‘(ii) TERM.—The term of an easement accept- which Farm Credit System Insurance Corpora- ed by the Secretary under this subparagraph SEC. 543. INSURANCE CORPORATION PREMIUMS. (a) REDUCTION IN PREMIUMS FOR GSE-GUAR- tion premiums are due from insured Farm Credit shall be 25 years. System banks under section 5.55 of the Farm ‘‘(iii) CONDITIONS.—The easement shall re- ANTEED LOANS.— Credit Act of 1971 (12 U.S.C. 2277a–4) for cal- quire that the property subject to the easement (1) IN GENERAL.—Section 5.55 of the Farm endar year 2001. shall continue to be used or conserved for agri- Credit Act of 1971 (12 U.S.C. 2277a–4) is cultural and conservation uses in accordance amended— SEC. 544. BOARD OF DIRECTORS OF THE FED- ERAL AGRICULTURAL MORTGAGE with sound farming and conservation practices, (A) in subsection (a)— (i) in paragraph (1)— CORPORATION. as determined by the Secretary. Section 8.2(b) of the Farm Credit Act of 1971 ‘‘(iv) REPLACEMENT OF METHOD OF SATISFYING (I) in subparagraph (A), by striking ‘‘govern- (12 U.S.C. 2279aa–2(b)) is amended— OBLIGATION.—A borrower that has begun fi- ment-guaranteed loans provided for in subpara- (1) in paragraph (2)— nancing of a recapture payment under subpara- graph (C)’’ and inserting ‘‘loans provided for in (A) by striking ‘‘15’’ and inserting ‘‘17’’; graph (B) may replace that financing with an subparagraphs (C) and (D)’’; (B) in subparagraph (A), by striking ‘‘common agricultural use protection and conservation (II) in subparagraph (B), by striking ‘‘and’’ at stock’’ and all that follows and inserting ‘‘Class easement under this subparagraph.’’. the end; A voting common stock;’’; (b) APPLICABILITY.—The amendments made by (III) in subparagraph (C), by striking the pe- subsection (a) shall apply to a shared apprecia- riod at the end and inserting ‘‘; and’’; and (C) in subparagraph (B), by striking ‘‘common tion agreement entered into under section 353(e) (IV) by adding at the end the following: stock’’ and all that follows and inserting ‘‘Class of the Consolidated Farm and Rural Develop- ‘‘(D) the annual average principal out- B voting common stock;’’; ment Act (7 U.S.C. 2001(e)) that— standing for such year on the guaranteed por- (D) by redesignating subparagraph (C) as sub- (1) matures on or after the date of enactment tions of Government Sponsored Enterprise-guar- paragraph (D); and of this Act; or anteed loans made by the bank that are in ac- (E) by inserting after subparagraph (B) the (2) matured before the date of enactment of crual status, multiplied by a factor, not to ex- following: this Act, if— ceed 0.0015, determined by the Corporation at ‘‘(C) 2 members shall be elected by holders of (A) the recapture amount was reamortized the sole discretion of the Corporation.’’; and Class A voting common stock and Class B voting under section 353(e)(7) of the Consolidated Farm (ii) by adding at the end the following: common stock, 1 of whom shall be the chief exec- utive officer of the Corporation and 1 of whom and Rural Development Act (7 U.S.C. 2001(e)(7)) ‘‘(4) DEFINITION OF GOVERNMENT SPONSORED shall be another executive officer of the Cor- (as in effect on the day before the date of enact- ENTERPRISE-GUARANTEED LOAN.—In this section ment of this Act); or and sections 1.12(b) and 5.56(a), the term ‘Gov- poration; and’’; (B)(i) the recapture amount had not been paid ernment Sponsored Enterprise-guaranteed loan’ (2) in paragraph (3), by striking ‘‘(2)(C)’’ and before the date of enactment of this Act because means a loan or credit, or portion of a loan or inserting ‘‘(2)(D)’’; of circumstances beyond the control of the bor- credit, that is guaranteed by an entity that is (3) in paragraph (4)— rower; and chartered by Congress to serve a public purpose (A) in subparagraph (A), by striking ‘‘(A) or (ii) the borrower acted in good faith (as deter- and the debt obligations of which are not explic- (B)’’ and inserting ‘‘(A), (B), or (C)’’; and mined by the Secretary) in attempting to repay (B) in subparagraph (B), by striking ‘‘(2)(C)’’ itly guaranteed by the United States, including the recapture amount. and inserting ‘‘(2)(D)’’; the Federal National Mortgage Association, the (4) in paragraph (5)(A)— SEC. 532. WAIVER OF BORROWER TRAINING CER- Federal Home Loan Mortgage Corporation, the TIFICATION REQUIREMENT. (A) by inserting ‘‘executive officers of the Cor- Federal Home Loan Bank System, and the Fed- Section 359 of the Consolidated Farm and poration or’’ after ‘‘from among persons who eral Agricultural Mortgage Corporation, but not Rural Development Act (7 U.S.C. 2006a) is are’’; and including any other institution of the Farm amended by striking subsection (f) and inserting (B) by striking ‘‘such a representative’’ and Credit System.’’; and the following: inserting ‘‘such an executive officer or rep- (B) in subsection (e)(4)(B), by striking ‘‘gov- ‘‘(f) WAIVERS.— resentative’’; ernment-guaranteed loans described in sub- ‘‘(1) IN GENERAL.—The Secretary may waive (5) in paragraph (6)(B), by striking ‘‘(A) and section (a)(1)(C)’’ and inserting ‘‘loans described the requirements of this section for an indi- (B)’’ and inserting ‘‘(A), (B), and (C)’’; in subparagraph (C) or (D) of subsection vidual borrower if the Secretary determines that (6) in paragraph (7), by striking ‘‘8 members’’ (a)(1)’’. the borrower demonstrates adequate knowledge and inserting ‘‘Nine members’’; (2) CONFORMING AMENDMENTS.— in areas described in this section. (7) in paragraph (8)— (A) Section 1.12(b) of the Farm Credit Act of ‘‘(2) CRITERIA.—The Secretary shall establish (A) in the paragraph heading, by inserting 1971 (12 U.S.C. 2020(b)) is amended— criteria providing for the application of para- ‘‘OR EXECUTIVE OFFICERS OF THE CORPORATION’’ (i) in paragraph (1), by inserting ‘‘and Gov- graph (1) consistently in all counties nation- after ‘‘EMPLOYEES’’; and ernment Sponsored Enterprise-guaranteed loans wide.’’. (B) by inserting ‘‘or executive officers of the (as defined in section 5.55(a)(4)) provided for in SEC. 533. ANNUAL REVIEW OF BORROWERS. Corporation’’ after ‘‘United States’’; and Section 360(d)(1) of the Consolidated Farm paragraph (4)’’ after ‘‘government-guaranteed (8) by striking paragraph (9) and inserting the and Rural Development Act (7 U.S.C. loans (as defined in section 5.55(a)(3)) provided following: for in paragraph (3)’’; 2006b(d)(1)) is amended by striking ‘‘biannual’’ ‘‘(9) CHAIRPERSON.— (ii) in paragraph (2), by striking ‘‘and’’ at the and inserting ‘‘annual’’. ‘‘(A) ELECTION.—The permanent board shall Subtitle D—Farm Credit end; annually elect a chairperson from among the (iii) in paragraph (3), by striking the period at members of the permanent board. SEC. 541. REPEAL OF BURDENSOME APPROVAL the end and inserting ‘‘; and’’; and REQUIREMENTS. ‘‘(B) TERM.—The term of the chairperson (iv) by adding at the end the following: (a) BANKS FOR COOPERATIVES.—Section shall coincide with the term served by elected ‘‘(4) the annual average principal outstanding 3.1(11)(B) of the Farm Credit Act of 1971 (12 members of the permanent board under para- for such year on the guaranteed portions of U.S.C. 2122(11)(B)) is amended— graph (6)(B).’’. Government Sponsored Enterprise-guaranteed (1) by striking clause (iii); and Subtitle E—General Provisions (2) by redesignating clause (iv) as clause (iii). loans (as so defined) made by the association, or (b) OTHER SYSTEM BANKS; ASSOCIATIONS.— by the other financing institution and funded SEC. 551. INAPPLICABILITY OF FINALITY RULE. Section 4.18A of the Farm Credit Act of 1971 (12 by or discounted with the Farm Credit Bank, Section 281(a)(1) of the Department of Agri- U.S.C. 2206a) is amended— that are in accrual status, multiplied by a fac- culture Reorganization Act of 1994 (7 U.S.C. (1) in subsection (a)(1), by striking tor, not to exceed 0.0015, determined by the Cor- 7001(a)(1)) is amended— ‘‘3.1(11)(B)(iv)’’ and inserting ‘‘3.1(11)(B)(iii)’’; poration for the purpose of setting the premium (1) by striking ‘‘This subsection’’ and insert- and for such guaranteed portions of loans under sec- ing the following: (2) by striking subsection (c). tion 5.55(a)(1)(D).’’. ‘‘(A) IN GENERAL.—Except as provided in sub- SEC. 542. BANKS FOR COOPERATIVES. (B) Section 5.56(a) of the Farm Credit Act of paragraph (B), this subsection’’; and Section 3.7(b) of the Farm Credit Act of 1971 1971 (12 U.S.C. 2277a–5(a)) is amended— (2) by adding at the end the following: (12 U.S.C. 2128(b)) is amended— (i) in paragraph (1), by inserting ‘‘and Gov- ‘‘(B) AGRICULTURAL CREDIT DECISIONS.—This (1) in paragraphs (1) and (2)(A)(i), by striking ernment Sponsored Enterprise-guaranteed loans subsection shall not apply with respect to an ag- ‘‘farm supplies’’ each place it appears and in- (as defined in section 5.55(a)(4))’’ after ‘‘govern- ricultural credit decision made by such a State, serting ‘‘agricultural supplies’’; and ment-guaranteed loans’’; county, or area committee, or employee of such

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a committee, under the Consolidated Farm and ‘‘(C) Farm Credit System institutions de- ‘‘(2) INSURED DEPOSITORY INSTITUTIONS.— Rural Development Act (7 U.S.C. 1921 et seq.).’’. scribed in section 1.2(a) of the Farm Credit Act ‘‘(A) IN GENERAL.—Subject to subparagraphs SEC. 552. TECHNICAL AMENDMENTS. of 1971 (12 U.S.C. 2002(a)). (B) and (C)— (a) Section 321(a) of the Consolidated Farm ‘‘(D) Cooperative financial institutions (other ‘‘(i) an insured depository institution may be and Rural Development Act (7 U.S.C. 1961(a)) is than Farm Credit System institutions). an authorized private investor in the Fund; and amended by striking ‘‘Disaster Relief and Emer- ‘‘(E) Private investors, other than those de- ‘‘(ii) an investment in the Fund may be con- gency Assistance Act’’ each place it appears and scribed in subparagraphs (A) through (D), au- sidered to be part of the record of an institution inserting ‘‘Robert T. Stafford Disaster Relief thorized by the Secretary. in meeting the credit needs of the community in and Emergency Assistance Act (42 U.S.C. 5121 et ‘‘(F) Other nonprofit organizations, including which the institution is located under any ap- seq.)’’. credit unions. plicable Federal law. (b) Section 336(b) of the Consolidated Farm ‘‘(5) INSURED DEPOSITORY INSTITUTION.—The ‘‘(B) INVESTMENT LIMIT.—The total invest- and Rural Development Act (7 U.S.C. 1986(b)) is term ‘insured depository institution’ means any ment in the Fund of an insured depository insti- amended in the second sentence by striking bank or savings association the deposits of tution shall not exceed 5 percent of the capital ‘‘provided for in section 332 of this title’’. which are insured under the Federal Deposit In- and surplus of the institution. (c) Section 359(c)(1) of the Consolidated Farm surance Act (12 U.S.C. 1811 et seq.). ‘‘(C) REGULATORY AUTHORITY.—An appro- and Rural Development Act (7 U.S.C. ‘‘(6) RURAL BUSINESS.—The term ‘rural busi- priate Federal banking agency may, by regula- 2006a(c)(1)) is amended by striking ‘‘established ness’ means a rural cooperative, a value-added tion or order, impose on any insured depository pursuant to section 332,’’. agricultural enterprise, or any other business lo- institution investing in the Fund, any safe- (d) Section 360(a) of the Consolidated Farm cated or locating in a rural area. guard, limitation, or condition (including an in- and Rural Development Act (7 U.S.C. 2006b(a)) ‘‘SEC. 383D. ESTABLISHMENT. vestment limit that is lower than the investment is amended by striking ‘‘established pursuant to ‘‘(a) AUTHORITY.— limit under subparagraph (B)) that the Federal section 332’’. ‘‘(1) IN GENERAL.—On certification by the Sec- banking agency considers to be appropriate to SEC. 553. EFFECTIVE DATE. retary that, to the maximum extent practicable, ensure that the institution operates— the parties proposing to establish a fund provide ‘‘(i) in a financially sound manner; and (a) IN GENERAL.—Except as provided in sub- ‘‘(ii) in compliance with all applicable law. section (b) and section 543(b), this title and the a broad representation of all of the groups of ‘‘(c) GUARANTEE OF PRIVATE INVESTMENTS.— amendments made by this title take effect on similar authorized private investors described in ‘‘(1) IN GENERAL.—The Secretary shall guar- October 1, 2001. subparagraphs (A) through (F) of section antee, under terms and conditions determined (b) BOARD OF DIRECTORS OF THE FEDERAL AG- 383C(4), the parties may establish a non-Federal by the Secretary, 50 percent of any loss of the RICULTURAL MORTGAGE CORPORATION.—The entity under State law to purchase shares of, principal of an investment made in the Fund by amendments made by section 544 take effect on and manage a fund to be known as the ‘Na- an authorized private investor. the date of enactment of this Act. tional Rural Cooperative and Business Equity Fund’, to generate and provide equity capital to ‘‘(2) MAXIMUM TOTAL GUARANTEE.—The ag- TITLE VI—RURAL DEVELOPMENT rural businesses. gregate potential liability of the Secretary with Subtitle A—Empowerment of Rural America ‘‘(2) OWNERSHIP.— respect to all guarantees under paragraph (1) SEC. 601. NATIONAL RURAL COOPERATIVE AND ‘‘(A) IN GENERAL.—To the maximum extent shall not apply to more than $300,000,000 in pri- BUSINESS EQUITY FUND. practicable, equity ownership of the Fund shall vate investments in the Fund. The Consolidated Farm and Rural Develop- be distributed among authorized private inves- ‘‘(3) REDEMPTION OF GUARANTEE.— ment Act (7 U.S.C. 1921 et seq.) is amended by tors representing all of the groups of similar au- ‘‘(A) DATE.—An authorized private investor in adding at the end the following: thorized private investors described in subpara- the Fund may redeem a guarantee under para- ‘‘Subtitle G—National Rural Cooperative and graphs (A) through (F) of section 383C(4). graph (1), with respect to the total investments Business Equity Fund ‘‘(B) EXCLUSION OF GROUPS.—No group of au- in the Fund and the total losses of the author- thorized private investors shall be excluded from ized private investor as of the date of ‘‘SEC. 383A. SHORT TITLE. equity ownership of the Fund during any period redemption— ‘‘This subtitle may be cited as the ‘National during which the Fund is in existence if an au- ‘‘(i) on the date that is 5 years after the date Rural Cooperative and Business Equity Fund thorized private investor representative of the of the initial investment by the authorized pri- Act’. group is able and willing to invest in the Fund. vate investor; or ‘‘SEC. 383B. PURPOSE. ‘‘(b) PURPOSES.—The purposes of the Fund ‘‘(ii) annually thereafter. ‘‘The purpose of this subtitle is to revitalize shall be— ‘‘(B) EFFECT OF REDEMPTION.—On redemption rural communities and enhance farm income ‘‘(1) to strengthen the economy of rural areas; of a guarantee under subparagraph (A)— through sustainable rural business development ‘‘(2) to further sustainable rural business de- ‘‘(i) the shares in the Fund of the authorized by providing Federal funds and credit enhance- velopment; private investor shall be redeemed; and ments to a private equity fund in order to en- ‘‘(3) to encourage— ‘‘(ii) the authorized private investor shall be courage investments by institutional and non- ‘‘(A) start-up rural businesses; prohibited from making any future investment institutional investors for the benefit of rural ‘‘(B) increased opportunities for small and mi- in the Fund. America. nority-owned rural businesses; and ‘‘(d) DEBT SECURITIES.— ‘‘SEC. 383C. DEFINITIONS. ‘‘(C) the formation of new rural businesses; ‘‘(1) IN GENERAL.—The Fund may, at the dis- ‘‘In this subtitle: ‘‘(4) to enhance rural employment opportuni- cretion of the Board, generate additional capital ‘‘(1) AUTHORIZED PRIVATE INVESTOR.—The ties; through— term ‘authorized private investor’ means an in- ‘‘(5) to provide equity capital to rural busi- ‘‘(A) the issuance of debt securities; and dividual, legal entity, or affiliate or subsidiary nesses, many of which have difficulty obtaining ‘‘(B) other means determined to be appro- of an individual or legal entity that— equity capital; and priate by the Board. ‘‘(A) is eligible to receive a loan guarantee ‘‘(6) to leverage non-Federal funds for rural ‘‘(2) GUARANTEE OF DEBT BY SECRETARY.— under this title; businesses. ‘‘(A) IN GENERAL.—The Secretary shall guar- ‘‘(B) is eligible to receive a loan guarantee ‘‘(c) ARTICLES OF INCORPORATION AND BY- antee 100 percent of the principal of, and ac- under the Rural Electrification Act of 1936 (7 LAWS.—The articles of incorporation and bylaws crued interest on, debentures issued by the U.S.C. 901 et seq.); of the Fund shall set forth purposes of the Fund Fund that are approved by the Secretary. ‘‘(C) is created under the National Consumer that are consistent with the purposes described ‘‘(B) MAXIMUM DEBT GUARANTEED BY SEC- Cooperative Bank Act (12 U.S.C. 3011 et seq.); in subsection (b). RETARY.—The outstanding value of debentures ‘‘(D) is an insured depository institution sub- ‘‘SEC. 383E. INVESTMENT IN THE FUND. issued by the Fund and guaranteed by the Sec- ject to section 383E(b)(2); ‘‘(a) IN GENERAL.—Of the funds made avail- retary shall not exceed the lesser of— ‘‘(E) is a Farm Credit System institution de- able under section 383H, the Secretary shall— ‘‘(i) the amount equal to twice the value of scribed in section 1.2(a) of the Farm Credit Act ‘‘(1) subject to subsection (b)(1), make avail- the assets held by the Fund; or of 1971 (12 U.S.C. 2002(a)); or able to the Fund $150,000,000; ‘‘(ii) $500,000,000. ‘‘(F) is determined by the Board to be an ap- ‘‘(2) subject to subsection (c), guarantee 50 ‘‘(C) RECAPTURE OF GUARANTEE PAYMENTS.—If propriate investor in the Fund. percent of each investment made by an author- the Secretary makes a payment on a debt secu- ‘‘(2) BOARD.—The term ‘Board’ means the ized private investor in the Fund; and rity issued by the Fund as a result of a guar- board of directors of the Fund established under ‘‘(3) subject to subsection (d), guarantee the antee of the Secretary under this paragraph, the section 383G. repayment of principal of, and accrued interest Secretary shall have priority over other creditors ‘‘(3) FUND.—The term ‘Fund’ means the Na- on, debentures issued by the Fund to authorized for repayment of the debt security. tional Rural Cooperative and Business Equity private investors. ‘‘(3) AUTHORIZED PRIVATE INVESTORS.—An au- Fund established under section 383D. ‘‘(b) PRIVATE INVESTMENT.— thorized private investor may purchase debt se- ‘‘(4) GROUP OF SIMILAR AUTHORIZED PRIVATE ‘‘(1) MATCHING REQUIREMENT.—Under sub- curities issued by the Fund. INVESTORS.—The term ‘group of similar inves- section (a)(1), the Secretary shall make an ‘‘SEC. 383F. INVESTMENTS AND OTHER ACTIVI- tors’ means any 1 of the following: amount available to the Fund only after an TIES OF THE FUND. ‘‘(A) Insured depository institutions with total equal amount has been invested in the Fund by ‘‘(a) INVESTMENTS.— assets of more than $250,000,000. authorized private investors in accordance with ‘‘(1) IN GENERAL.— ‘‘(B) Insured depository institutions with total this subtitle and the terms and conditions set ‘‘(A) TYPES.—Subject to subparagraphs (B) assets equal to or less than $250,000,000. forth in the bylaws of the Fund. and (C), the Fund may—

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‘‘(i) make equity investments in a rural busi- the Fund by a nationally recognized auditing ‘‘(B) INCLUSIONS.—The terms ‘employee wel- ness that meets— firm using generally accepted accounting prin- fare benefit plan’ and ‘pension plan’ include— ‘‘(I) the requirements of paragraph (6); and ciples. ‘‘(i) public and private pension or retirement ‘‘(II) such other requirements as the Board ‘‘(2) AVAILABILITY OF AUDIT RESULTS.—The plans subject to this subtitle; and may establish; and results of the audit required by paragraph (1) ‘‘(ii) similar plans not covered by this subtitle ‘‘(ii) extend credit to the rural business in— shall be made available to investors in the that have been established and that are main- ‘‘(I) the form of mezzanine debt or subordi- Fund. tained by the Federal Government or any State nated debt; or ‘‘(d) ANNUAL REPORT.—The Board shall pre- (including by a political subdivision, agency, or ‘‘(II) any other form of quasi-equity. pare and make available to the public an an- instrumentality of the Federal Government or a ‘‘(B) LIMITATIONS ON INVESTMENTS.— nual report that— State) for the benefit of employees. ‘‘(i) TOTAL INVESTMENTS BY A SINGLE RURAL ‘‘(1) describes the projects funded with ‘‘(4) EQUITY CAPITAL.—The term ‘equity cap- BUSINESS.—Subject to clause (ii), investment by amounts from the Fund; ital’ means common or preferred stock or a simi- the Fund in a single rural business shall not ex- ‘‘(2) specifies the recipients of amounts from lar instrument, including subordinated debt ceed the greater of— the Fund; with equity features. ‘‘(I) an amount equal to 7 percent of the cap- ‘‘(3) specifies the coinvestors in all projects ‘‘(5) LEVERAGE.—The term ‘leverage’ ital of the Fund; or that receive amounts from the Fund; and includes— ‘‘(II) $2,000,000. ‘‘(4) meets the reporting requirements, if any, ‘‘(A) debentures purchased or guaranteed by ‘‘(ii) WAIVER.—The Secretary may waive the of the State under the law of which the Fund is the Secretary; limitation in clause (i) in any case in which an established. ‘‘(B) participating securities purchased or investment exceeding the limits specified in ‘‘(e) OTHER AUTHORITIES.— guaranteed by the Secretary; and clause (i) is necessary to preserve prior invest- ‘‘(1) IN GENERAL.—The Board may exercise ‘‘(C) preferred securities outstanding as of the ments in the rural business. such other authorities as are necessary to carry date of enactment of this subtitle. ‘‘(iii) TOTAL NONEQUITY INVESTMENTS.—Ex- out this subtitle. ‘‘(6) LICENSE.—The term ‘license’ means a li- cept in the case of a project to assist a rural co- ‘‘(2) OVERSIGHT.—The Secretary shall enter in cense issued by the Secretary as provided in sec- operative, the total amount of nonequity invest- to a contract with the Administrator of the tion 384D(c). ments described in subparagraph (A)(ii) that Small Business Administration under which the ‘‘(7) LIMITED LIABILITY COMPANY.—The term may be provided by the Fund shall not exceed 20 Administrator of the Small Business Administra- ‘limited liability company’ means a business en- percent of the total investments of the Fund in tion shall be responsible for the routine duties of tity that is organized and operating in accord- the project. the Secretary in regard to the Fund. ance with a State limited liability company law ‘‘(C) LIMITATION.—Notwithstanding subpara- ‘‘SEC. 383G. GOVERNANCE OF THE FUND. approved by the Secretary. graph (B), the amount of any investment by the ‘‘(a) IN GENERAL.—The Fund shall be gov- ‘‘(8) MEMBER.—The term ‘member’ means, Fund in a rural business shall not exceed the erned by a board of directors that represents all with respect to a Rural Business Investment aggregate amount invested in like securities by of the authorized private investors in the Fund Company that is a limited liability company, a other private entities in that rural business. and the Federal Government and that consists holder of an ownership interest or a person oth- ‘‘(2) PROCEDURES.—The Fund shall implement of— erwise admitted to membership in the limited li- procedures to ensure that— ‘‘(1) a designee of the Secretary; ability company. ‘‘(A) the financing arrangements of the Fund ‘‘(2) 2 members who are appointed by the Sec- ‘‘(9) OPERATIONAL ASSISTANCE.—The term meet the Fund’s primary focus of providing eq- retary and are not Federal employees, ‘operational assistance’ means management, uity capital; and including— marketing, and other technical assistance that ‘‘(B) the Fund does not compete with conven- ‘‘(A) 1 member with expertise in venture cap- assists a rural business concern with business tional sources of credit. ital investment; and development. ‘‘(3) DIVERSITY OF PROJECTS.—The Fund— ‘‘(B) 1 member with expertise in cooperative ‘‘(10) PARTICIPATION AGREEMENT.—The term ‘‘(A) shall seek to make equity investments in development; ‘participation agreement’ means an agreement, a variety of viable projects, with a significant ‘‘(3) 8 members who are elected by the author- between the Secretary and a Rural Business In- share of investments— ized private investors with investments in the vestment Company granted final approval under ‘‘(i) in smaller enterprises (as defined in sec- Fund; and section 384D(d), that requires the Rural Busi- tion 384A) in rural communities of diverse sizes; ‘‘(4) 1 member who is appointed by the Board ness Investment Company to make investments and and who is a community banker from an insured in smaller enterprises in rural areas. ‘‘(ii) in cooperative and noncooperative enter- depository institution that has— ‘‘(11) PRIVATE CAPITAL.— ‘‘(A) total assets equal to or less than prises; and ‘‘(A) IN GENERAL.—The term ‘private capital’ ‘‘(B) shall be managed in a manner that diver- $250,000,000; and means the total of— sifies the risks to the Fund among a variety of ‘‘(B) an investment in the Fund. ‘‘(i) the paid-in capital and paid-in surplus of ‘‘(b) LIMITATION ON VOTING CONTROL.—No in- projects. a corporate Rural Business Investment Com- dividual investor or group of authorized inves- ‘‘(4) LIMITATION ON RURAL BUSINESSES AS- pany, the contributed capital of the partners of tors may control more than 25 percent of the SISTED.—The Fund shall not invest in any rural a partnership Rural Business Investment Com- votes on the Board. business that is primarily retail in nature (as pany, or the equity investment of the members determined by the Board), other than a pur- ‘‘SEC. 383H. AUTHORIZATION OF APPROPRIA- of a limited liability company Rural Business TIONS. chasing cooperative. Investment Company; and ‘‘There are authorized to be appropriated ‘‘(5) INTEREST RATE LIMITATIONS.—Returns on ‘‘(ii) unfunded binding commitments, from in- such sums as are necessary to carry out this investments in and by the Fund and returns on vestors that meet criteria established by the Sec- subtitle.’’. the extension of credit by participants in retary to contribute capital to the Rural Busi- projects assisted by the Fund, shall not be sub- SEC. 602. RURAL BUSINESS INVESTMENT PRO- ness Investment Company, except that un- ject to any State or Federal law establishing a GRAM. funded commitments may be counted as private The Consolidated Farm and Rural Develop- maximum allowable interest rate. capital for purposes of approval by the Sec- ment Act (as amended by section 601) is amend- ‘‘(6) REQUIREMENTS FOR RECIPIENTS.— retary of any request for leverage, but leverage ed by adding at the end the following: ‘‘(A) OTHER INVESTMENTS.—Any recipient of shall not be funded based on the commitments. amounts from the Fund shall make or obtain a ‘‘Subtitle H—Rural Business Investment ‘‘(B) EXCLUSIONS.—The term ‘private capital’ significant investment from a source of capital Program does not include— other than the Fund. ‘‘SEC. 384A. DEFINITIONS. ‘‘(i) any funds borrowed by a Rural Business ‘‘(B) SPONSORSHIP.—To be considered for an ‘‘In this subtitle: Investment Company from any source; equity investment from the Fund, a rural busi- ‘‘(1) ARTICLES.—The term ‘articles’ means ar- ‘‘(ii) any funds obtained through the issuance ness investment project shall be sponsored by a ticles of incorporation for an incorporated body of leverage; or regional, State, or local sponsoring or endorsing or the functional equivalent or other similar ‘‘(iii) any funds obtained directly or indirectly organization such as— documents specified by the Secretary for other from the Federal Government or any State (in- ‘‘(i) a financial institution; business entities. cluding by a political subdivision, agency, or in- ‘‘(ii) a development organization; or ‘‘(2) DEVELOPMENTAL VENTURE CAPITAL.—The strumentality of the Federal Government or a ‘‘(iii) any other established entity engaging or term ‘developmental venture capital’ means cap- State), except for— assisting in rural business development, includ- ital in the form of equity capital investments in ‘‘(I) 50 percent of funds from the National ing a rural cooperative. Rural Business Investment Companies with an Rural Cooperative and Business Equity Fund; ‘‘(b) TECHNICAL ASSISTANCE.—The Fund, objective of fostering economic development in ‘‘(II) funds obtained from the business reve- under terms and conditions established by the rural areas. nues (excluding any governmental appropria- Board, shall use not less than 2 percent of cap- ‘‘(3) EMPLOYEE WELFARE BENEFIT PLAN; PEN- tion) of any federally chartered or government- ital provided by the Federal Government to pro- SION PLAN.— sponsored enterprise established prior to the vide technical assistance to rural businesses ‘‘(A) IN GENERAL.—The terms ‘employee wel- date of enactment of this subtitle; seeking an equity investment from the Fund. fare benefit plan’ and ‘pension plan’ have the ‘‘(III) funds invested by an employee welfare ‘‘(c) ANNUAL AUDIT.— meanings given the terms in section 3 of the Em- benefit plan or pension plan; and ‘‘(1) IN GENERAL.—The Board shall authorize ployee Retirement Income Security Act of 1974 ‘‘(IV) any qualified nonprivate funds (if the an annual audit of the financial statements of (29 U.S.C. 1002). investors of the qualified nonprivate funds do

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Company on or before the date of enactment of Secretary— ‘‘(c) ISSUANCE OF LICENSE.— this subtitle, by any Federal agency, other than ‘‘(A) to enter into participation agreements ‘‘(1) SUBMISSION OF APPLICATION.—Each ap- the Department of Agriculture, under a provi- with Rural Business Investment Companies; plicant for a license to operate as a Rural Busi- sion of law explicitly mandating the inclusion of ‘‘(B) to guarantee debentures of Rural Busi- ness Investment Company under this subtitle those funds in the definition of the term ‘private ness Investment Companies to enable each shall submit to the Secretary an application, in capital’; and Rural Business Investment Company to make a form and including such documentation as ‘‘(B) funds invested in any applicant or Rural developmental venture capital investments in may be prescribed by the Secretary. Business Investment Company by 1 or more enti- smaller enterprises in rural areas; and ‘‘(2) PROCEDURES.— ties of any State (including by a political sub- ‘‘(C) to make grants to Rural Business Invest- ‘‘(A) STATUS.—Not later than 90 days after division, agency, or instrumentality of the State ment Companies, and to other entities, for the the initial receipt by the Secretary of an appli- and including any guarantee extended by those purpose of providing operational assistance to cation under this subsection, the Secretary shall entities) in an aggregate amount that does not smaller enterprises financed, or expected to be provide the applicant with a written report de- exceed 33 percent of the private capital of the financed, by Rural Business Investment Compa- scribing the status of the application and any applicant or Rural Business Investment Com- nies. requirements remaining for completion of the pany. ‘‘SEC. 384C. ESTABLISHMENT. application. ‘‘(13) RURAL BUSINESS CONCERN.—The term ‘‘In accordance with this subtitle, the Sec- ‘‘(B) APPROVAL OR DISAPPROVAL.—Within a ‘rural business concern’ means— retary shall establish a Rural Business Invest- reasonable time after receiving a completed ap- ‘‘(A) a public, private, or cooperative for-prof- ment Program, under which the Secretary plication submitted in accordance with this sub- it or nonprofit organization; may— section and in accordance with such require- ‘‘(B) a for-profit or nonprofit business con- ‘‘(1) enter into participation agreements with ments as the Secretary may prescribe by regula- trolled by an Indian tribe on a Federal or State companies granted final approval under section tion, the Secretary shall— reservation or other federally recognized Indian 384D(d) for the purposes set forth in section ‘‘(i) approve the application and issue a li- tribal group; or 384B; cense for the operation to the applicant, if the ‘‘(C) any other person or entity; ‘‘(2) guarantee the debentures issued by Rural requirements of this section are satisfied; or that primarily operates in a rural area, as deter- Business Investment Companies as provided in ‘‘(ii) disapprove the application and notify the mined by the Secretary. section 384E; and applicant in writing of the disapproval. ‘‘(14) RURAL BUSINESS INVESTMENT COM- ‘‘(3) make grants to Rural Business Invest- ‘‘(3) MATTERS CONSIDERED.—In reviewing and PANY.—The term ‘Rural Business Investment ment Companies, and to other entities, under processing any application under this sub- Company’ means a company that— section 384H. section, the Secretary— ‘‘(A) has been granted final approval by the ‘‘SEC. 384D. SELECTION OF RURAL BUSINESS IN- ‘‘(A) shall determine whether— Secretary under section 384D(d); and VESTMENT COMPANIES. ‘‘(i) the applicant meets the requirements of ‘‘(B) has entered into a participation agree- ‘‘(a) ELIGIBILITY.—A company shall be eligible subsection (d); and ment with the Secretary. to apply to participate, as a Rural Business In- ‘‘(ii) the management of the applicant is ‘‘(15) SMALLER ENTERPRISE.—The term ‘small- vestment Company, in the program established qualified and has the knowledge, experience, er enterprise’ means any rural business concern under this subtitle if— and capability necessary to comply with this that, together with its affiliates— ‘‘(1) the company is a newly formed for-profit subtitle; ‘‘(A) has— entity or a newly formed for-profit subsidiary of ‘‘(B) shall take into consideration— ‘‘(i) a net financial worth of not more than such an entity; ‘‘(i) the need for and availability of financing $6,000,000, as of the date on which assistance is ‘‘(2) the company has a management team for rural business concerns in the geographic provided under this subtitle to the rural busi- with experience in community development fi- area in which the applicant is to commence ness concern; and nancing or relevant venture capital financing; business; ‘‘(ii) an average net income for the 2-year pe- and ‘‘(ii) the general business reputation of the riod preceding the date on which assistance is ‘‘(3) the company will invest in enterprises owners and management of the applicant; and provided under this subtitle to the rural busi- that will create wealth and job opportunities in ‘‘(iii) the probability of successful operations ness concern, of not more than $2,000,000, after rural areas, with an emphasis on smaller busi- of the applicant, including adequate profit- Federal income taxes (excluding any carryover nesses. ability and financial soundness; and losses) except that, for purposes of this clause, if ‘‘(b) APPLICATION.—To participate, as a Rural ‘‘(C) shall not take into consideration any the rural business concern is not required by Business Investment Company, in the program projected shortage or unavailability of grant law to pay Federal income taxes at the enter- established under this subtitle, a company meet- funds or leverage. prise level, but is required to pass income ing the eligibility requirements of subsection (a) ‘‘(d) APPROVAL; DESIGNATION.— through to the shareholders, partners, bene- shall submit an application to the Secretary ‘‘(1) IN GENERAL.—Except as provided in para- ficiaries, or other equitable owners of the busi- that includes— graph (2), the Secretary may approve an appli- ness concern, the net income of the business ‘‘(1) a business plan describing how the com- cant to operate as a Rural Business Investment concern shall be determined by allowing a de- pany intends to make successful developmental Company under this subtitle and designate the duction in an amount equal to the total of— venture capital investments in identified rural applicant as a Rural Business Investment Com- ‘‘(I) if the rural business concern is not re- areas; pany, if— quired by law to pay State (and local, if any) ‘‘(2) information regarding the community de- ‘‘(A) the Secretary determines that the appli- income taxes at the enterprise level, the net in- velopment finance or relevant venture capital cation satisfies the requirements of subsection come (determined without regard to this clause), qualifications and general reputation of the (b); multiplied by the marginal State income tax rate management of the company; ‘‘(B) the area in which the Rural Business In- (or by the combined State and local income tax ‘‘(3) a description of how the company intends vestment Company is to conduct its operations, rates, as applicable) that would have applied if to work with community-based organizations and establishment of branch offices or agencies the business concern were a corporation; and and local entities (including local economic de- (if authorized by the articles), are approved by ‘‘(II) the net income (so determined) less any velopment companies, local lenders, and local the Secretary; and deduction for State (and local) income taxes cal- investors) and to seek to address the unmet eq- ‘‘(C) the applicant enters into a participation culated under subclause (I), multiplied by the uity capital needs of the communities served; agreement with the Secretary. marginal Federal income tax rate that would ‘‘(4) a proposal describing how the company ‘‘(2) CAPITAL REQUIREMENTS.— have applied if the rural business concern were intends to use the grant funds provided under ‘‘(A) IN GENERAL.—Notwithstanding any other a corporation; or this subtitle to provide operational assistance to provision of this subtitle, the Secretary may ap- ‘‘(B) satisfies the standard industrial classi- smaller enterprises financed by the company, in- prove an applicant to operate as a Rural Busi- fication size standards established by the Ad- cluding information regarding whether the com- ness Investment Company under this subtitle ministrator of the Small Business Administra- pany intends to use licensed professionals, when and designate the applicant as a Rural Business tion for the industry in which the rural business necessary, on the staff of the company or from Investment Company, if the Secretary deter- concern is primarily engaged. an outside entity; mines that the applicant— ‘‘SEC. 384B. PURPOSES. ‘‘(5) with respect to binding commitments to be ‘‘(i) has private capital of less than $2,500,000; ‘‘The purposes of the Rural Business Invest- made to the company under this subtitle, an es- ‘‘(ii) would otherwise be approved under this ment Program established under this subtitle timate of the ratio of cash to in-kind contribu- subtitle, except that the applicant does not sat- are— tions; isfy the requirements of section 384I(c); and ‘‘(1) to promote economic development and the ‘‘(6) a description of the criteria to be used to ‘‘(iii) has a viable business plan that reason- creation of wealth and job opportunities in evaluate whether and to what extent the com- ably projects profitable operations and that has

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a reasonable timetable for achieving a level of by the Secretary of the ownership rights of the ‘‘(2) OTHER ENTITIES.—The amount of a grant private capital that satisfies the requirements of Secretary in a debenture residing in a trust or made under this section to any entity other section 384I(c). pool against which 1 or more trust certificates than a Rural Business Investment Company ‘‘(B) LEVERAGE.—An applicant approved are issued under this section. shall be equal to the resources (in cash or in under subparagraph (A) shall not be eligible to ‘‘(e) MANAGEMENT AND ADMINISTRATION.— kind) raised by the entity in accordance with receive leverage under this subtitle until the ap- ‘‘(1) REGISTRATION.—The Secretary shall pro- the requirements applicable to Rural Business plicant satisfies the requirements of section vide for a central registration of all trust certifi- Investment Companies under this subtitle. 384I(c). cates issued under this section. ‘‘SEC. 384I. RURAL BUSINESS INVESTMENT COM- ‘‘(C) GRANTS.—An applicant approved under ‘‘(2) CREATION OF POOLS.—The Secretary PANIES. subparagraph (A) shall be eligible for grants may— ‘‘(a) ORGANIZATION.—For the purpose of this under section 384H in proportion to the private ‘‘(A) maintain such commercial bank accounts subtitle, a Rural Business Investment Company capital of the applicant, as determined by the or investments in obligations of the United shall— Secretary. States as may be necessary to facilitate the cre- ‘‘(1) be an incorporated body, a limited liabil- ‘‘SEC. 384E. DEBENTURES. ation of trusts or pools backed by debentures ity company, or a limited partnership organized ‘‘(a) IN GENERAL.—The Secretary may guar- guaranteed under this subtitle; and and chartered or otherwise existing under State antee the timely payment of principal and inter- ‘‘(B) issue trust certificates to facilitate the law solely for the purpose of performing the est, as scheduled, on debentures issued by any creation of those trusts or pools. functions and conducting the activities author- Rural Business Investment Company. ‘‘(3) FIDELITY BOND OR INSURANCE REQUIRE- ized by this subtitle; ‘‘(2)(A) if incorporated, have succession for a ‘‘(b) TERMS AND CONDITIONS.—The Secretary MENT.—Any agent performing functions on be- period of not less than 30 years unless earlier may make guarantees under this section on such half of the Secretary under this paragraph shall dissolved by the shareholders of the Rural Busi- terms and conditions as the Secretary considers provide a fidelity bond or insurance in such amount as the Secretary considers to be nec- ness Investment Company; and appropriate, except that the term of any deben- ‘‘(B) if a limited partnership or a limited li- essary to fully protect the interests of the United ture guaranteed under this section shall not ex- ability company, have succession for a period of States. ceed 15 years. not less than 10 years; and ‘‘(c) FULL FAITH AND CREDIT OF THE UNITED ‘‘(4) REGULATION OF BROKERS AND DEALERS.— ‘‘(3) possess the powers reasonably necessary STATES.—Section 381H(i) shall apply to any The Secretary may regulate brokers and dealers to perform the functions and conduct the activi- guarantee under this section. in trust certificates issued under this section. ties. ‘‘(d) MAXIMUM GUARANTEE.—Under this sec- ‘‘(5) ELECTRONIC REGISTRATION.—Nothing in ‘‘(b) ARTICLES.—The articles of any Rural tion, the Secretary may— this subsection prohibits the use of a book-entry Business Investment Company— ‘‘(1) guarantee the debentures issued by a or other electronic form of registration for trust ‘‘(1) shall specify in general terms— Rural Business Investment Company only to the certificates issued under this section. ‘‘(A) the purposes for which the Rural Busi- extent that the total face amount of outstanding ‘‘SEC. 384G. FEES. ness Investment Company is formed; guaranteed debentures of the Rural Business ‘‘(a) IN GENERAL.—The Secretary may charge ‘‘(B) the name of the Rural Business Invest- Investment Company does not exceed the lesser such fees as the Secretary considers appropriate ment Company; of— with respect to any guarantee or grant issued ‘‘(C) the area or areas in which the operations ‘‘(A) 300 percent of the private capital of the under this subtitle. of the Rural Business Investment Company are to be carried out; Rural Business Investment Company; or ‘‘(b) TRUST CERTIFICATE.—Notwithstanding ‘‘(D) the place where the principal office of ‘‘(B) $105,000,000; and subsection (a), the Secretary shall not collect a the Rural Business Investment Company is to be ‘‘(2) provide for the use of discounted deben- fee for any guarantee of a trust certificate located; and tures. under section 384F, except that any agent of the ‘‘SEC. 384F. ISSUANCE AND GUARANTEE OF ‘‘(E) the amount and classes of the shares of Secretary may collect a fee approved by the Sec- capital stock of the Rural Business Investment TRUST CERTIFICATES. retary for the functions described in section ‘‘(a) ISSUANCE.—The Secretary may issue trust Company; 384F(e)(2). ‘‘(2) may contain any other provisions con- certificates representing ownership of all or a ‘‘(c) LICENSE.— fractional part of debentures issued by a Rural sistent with this subtitle that the Rural Business ‘‘(1) IN GENERAL.—The Secretary may pre- Investment Company may determine appropriate Business Investment Company and guaranteed scribe fees to be paid by each applicant for a li- by the Secretary under this subtitle, if the cer- to adopt for the regulation of the business of the cense to operate as a Rural Business Investment Rural Business Investment Company and the tificates are based on and backed by a trust or Company under this subtitle. pool approved by the Secretary and composed conduct of the affairs of the Rural Business In- ‘‘(2) USE OF AMOUNTS.—Fees collected under vestment Company; and solely of guaranteed debentures. this subsection— ‘‘(3) shall be subject to the approval of the ‘‘(b) GUARANTEE.— ‘‘(A) shall be deposited in the account for sal- Secretary. ‘‘(1) IN GENERAL.—The Secretary may, under aries and expenses of the Secretary; and ‘‘(c) CAPITAL REQUIREMENTS.— such terms and conditions as the Secretary con- ‘‘(B) are authorized to be appropriated solely ‘‘(1) IN GENERAL.—Except as provided in para- siders appropriate, guarantee the timely pay- to cover the costs of licensing examinations. graph (2), the private capital of each Rural ment of the principal of and interest on trust ‘‘SEC. 384H. OPERATIONAL ASSISTANCE GRANTS. Business Investment Company shall be not less certificates issued by the Secretary or agents of than— the Secretary for purposes of this section. ‘‘(a) IN GENERAL.—In accordance with this section, the Secretary may make grants to Rural ‘‘(A) $5,000,000; or ‘‘(2) LIMITATION.—Each guarantee under this ‘‘(B) $10,000,000, with respect to each Rural Business Investment Companies and to other en- subsection shall be limited to the extent of prin- Business Investment Company authorized or tities, as authorized by this subtitle, to provide cipal and interest on the guaranteed debentures seeking authority to issue participating securi- operational assistance to smaller enterprises fi- that compose the trust or pool. ties to be purchased or guaranteed by the Sec- nanced, or expected to be financed, by the enti- ‘‘(3) PREPAYMENT OR DEFAULT.— retary under this subtitle. ‘‘(A) IN GENERAL.—In the event a debenture in ties. ‘‘(2) EXCEPTION.—The Secretary may, in the a trust or pool is prepaid, or in the event of de- ‘‘(b) TERMS.—Grants made under this section discretion of the Secretary and based on a show- fault of such a debenture, the guarantee of shall be made over a multiyear period (not to ex- ing of special circumstances and good cause, timely payment of principal and interest on the ceed 10 years) under such other terms as the permit the private capital of a Rural Business trust certificates shall be reduced in proportion Secretary may require. Investment Company described in paragraph to the amount of principal and interest the pre- ‘‘(c) USE OF FUNDS.—The proceeds of a grant (1)(B) to be less than $10,000,000, but not less paid debenture represents in the trust or pool. made under this section may be used by the than $5,000,000, if the Secretary determines that ‘‘(B) INTEREST.—Interest on prepaid or de- Rural Business Investment Company receiving the action would not create or otherwise con- faulted debentures shall accrue and be guaran- the grant only to provide operational assistance tribute to an unreasonable risk of default or loss teed by the Secretary only through the date of in connection with an equity or prospective eq- to the Federal Government. payment of the guarantee. uity investment in a business located in a rural ‘‘(3) ADEQUACY.—In addition to the require- ‘‘(C) REDEMPTION.—At any time during its area. ments of paragraph (1), the Secretary shall— term, a trust certificate may be called for re- ‘‘(d) SUBMISSION OF PLANS.—A Rural Business ‘‘(A) determine whether the private capital of demption due to prepayment or default of all de- Investment Company shall be eligible for a grant each Rural Business Investment Company is bentures. under this section only if the Rural Business In- adequate to ensure a reasonable prospect that ‘‘(c) FULL FAITH AND CREDIT OF THE UNITED vestment Company submits to the Secretary, in the Rural Business Investment Company will be STATES.—Section 381H(i) shall apply to any such form and manner as the Secretary may re- operated soundly and profitably, and managed guarantee of a trust certificate issued by the quire, a plan for use of the grant. actively and prudently in accordance with the Secretary under this section. ‘‘(e) GRANT AMOUNT.— articles of the Rural Business Investment Com- ‘‘(d) SUBROGATION AND OWNERSHIP RIGHTS.— ‘‘(1) RURAL BUSINESS INVESTMENT COMPA- pany; ‘‘(1) SUBROGATION.—If the Secretary pays a NIES.—The amount of a grant made under this ‘‘(B) determine that the Rural Business In- claim under a guarantee issued under this sec- section to a Rural Business Investment Com- vestment Company will be able to comply with tion, the claim shall be subrogated fully to the pany shall be equal to the lesser of— the requirements of this subtitle; rights satisfied by the payment. ‘‘(A) 10 percent of the private capital raised ‘‘(C) require that at least 75 percent of the ‘‘(2) OWNERSHIP RIGHTS.—No Federal, State, by the Rural Business Investment Company; or capital of each Rural Business Investment Com- or local law shall preclude or limit the exercise ‘‘(B) $1,000,000. pany is invested in rural business concerns and

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not more than 10 percent of the investments ceived from the Federal Government during the ‘‘(1) APPLICATION BY SECRETARY.—Whenever, shall be made in an area containing a city of previous fiscal year; in the judgment of the Secretary, a Rural Busi- over 100,000 in the last decennial census and the ‘‘(C) the aggregate number of each type of le- ness Investment Company or any other person Census Bureau defined urbanized area con- veraged instruments used by Rural Business In- has engaged or is about to engage in any act or taining or adjacent to that city; vestment Companies during the previous fiscal practice that constitutes or will constitute a vio- ‘‘(D) ensure that the Rural Business Invest- year and how each number compares to pre- lation of a provision of this subtitle (including ment Company is designed primarily to meet eq- vious fiscal years; any rule, regulation, order, or participation uity capital needs of the businesses in which the ‘‘(D) the number of Rural Business Invest- agreement under this subtitle), the Secretary Rural Business Investment Company invests ment Company licenses surrendered and the may apply to the appropriate district court of and not to compete with traditional small busi- number of Rural Business Investment Compa- the United States for an order enjoining the act ness financing by commercial lenders; and nies placed in liquidation during the previous or practice, or for an order enforcing compliance ‘‘(E) require that the Rural Business Invest- fiscal year, identifying the amount of leverage with the provision, rule, regulation, order, or ment Company makes short-term non-equity in- each Rural Business Investment Company has participation agreement. vestments of less than 5 years only to the extent received from the Federal Government and the ‘‘(2) JURISDICTION; RELIEF.—The court shall necessary to preserve an existing investment. type of leverage instruments each Rural Busi- have jurisdiction over the action and, on a ‘‘(d) DIVERSIFICATION OF OWNERSHIP.—The ness Investment Company has used; showing by the Secretary that the Rural Busi- Secretary shall ensure that the management of ‘‘(E) the amount of losses sustained by the ness Investment Company or other person has each Rural Business Investment Company li- Federal Government as a result of operations engaged or is about to engage in an act or prac- censed after the date of enactment of this sub- under this subtitle during the previous fiscal tice described in paragraph (1), a permanent or title is sufficiently diversified from and unaffili- year and an estimate of the total losses that the temporary injunction, restraining order, or ated with the ownership of the Rural Business Federal Government can reasonably expect to other order, shall be granted without bond. Investment Company so as to ensure independ- incur as a result of the operations during the ‘‘(b) JURISDICTION.— ence and objectivity in the financial manage- current fiscal year; ‘‘(1) IN GENERAL.—In any proceeding under ment and oversight of the investments and oper- ‘‘(F) actions taken by the Secretary to maxi- subsection (a), the court as a court of equity ations of the Rural Business Investment Com- mize recoupment of funds of the Federal Gov- may, to such extent as the court considers nec- pany. ernment incurred to implement and administer essary, take exclusive jurisdiction over the Rural Business Investment Company and the ‘‘SEC. 384J. FINANCIAL INSTITUTION INVEST- the Rural Business Investment Program under MENTS. this subtitle during the previous fiscal year and assets of the Rural Business Investment Com- ‘‘(a) IN GENERAL.—Except as otherwise pro- to ensure compliance with the requirements of pany, wherever located. ‘‘(2) TRUSTEE OR RECEIVER.—The court shall vided in this section and notwithstanding any this subtitle (including regulations); have jurisdiction in any proceeding described in other provision of law, the following banks, as- ‘‘(G) the amount of Federal Government lever- paragraph (1) to appoint a trustee or receiver to sociations, and institutions are eligible both to age that each licensee received in the previous hold or administer the assets. establish and invest in any Rural Business In- fiscal year and the types of leverage instruments ‘‘(c) SECRETARY AS TRUSTEE OR RECEIVER.— vestment Company or in any entity established each licensee used; ‘‘(1) AUTHORITY.—The Secretary may act as to invest solely in Rural Business Investment ‘‘(H) for each type of financing instrument, trustee or receiver of a Rural Business Invest- Companies: the sizes, types of geographic locations, and ment Company. ‘‘(1) Any bank or savings association the de- other characteristics of the small business in- ‘‘(2) APPOINTMENT.—On the request of the posits of which are insured under the Federal vestment companies using the instrument during Secretary, the court shall appoint the Secretary Deposit Insurance Act (12 U.S.C. 1811 et seq.) the previous fiscal year, including the extent to to act as a trustee or receiver of a Rural Busi- ‘‘(2) Any Farm Credit System institution de- which the investment companies have used the ness Investment Company unless the court con- scribed in section 1.2(a) of the Farm Credit Act leverage from each instrument to make loans or siders the appointment inequitable or otherwise of 1971 (12 U.S.C. 2002(a)). equity investments in rural areas; and inappropriate by reason of any special cir- ‘‘(b) LIMITATION.—No bank, association, or ‘‘(I) the actions of the Secretary to carry out cumstances involved. institution described in subsection (a) may make this subtitle. ‘‘SEC. 384N. ADDITIONAL PENALTIES FOR NON- investments described in subsection (a) that are ‘‘(2) PROHIBITION.—In compiling the report re- COMPLIANCE. greater than 5 percent of the capital and sur- quired under paragraph (1), the Secretary may ‘‘(a) IN GENERAL.—With respect to any Rural plus of the bank, association, or institution. not— Business Investment Company that violates or ‘‘(c) LIMITATION ON RURAL BUSINESS INVEST- ‘‘(A) compile the report in a manner that per- fails to comply with this subtitle (including any MENT COMPANIES CONTROLLED BY FARM CREDIT mits identification of any particular type of in- rule, regulation, order, or participation agree- SYSTEM INSTITUTIONS.—If a Farm Credit System vestment by an individual Rural Business In- ment under this subtitle), the Secretary may, in institution described in section 1.2(a) of the vestment Company or small business concern in accordance with this section— Farm Credit Act of 1971 (12 U.S.C. 2002(a)) holds which a Rural Business Investment Company ‘‘(1) void the participation agreement between more than 15 percent of the shares of a Rural invests; and the Secretary and the Rural Business Invest- Business Investment Company, either alone or ‘‘(B) may not release any information that is ment Company; and in conjunction with other System institutions prohibited under section 1905 of title 18, United ‘‘(2) cause the Rural Business Investment (or affiliates), the Rural Business Investment States Code. Company to forfeit all of the rights and privi- Company shall not provide equity investments ‘‘SEC. 384L. EXAMINATIONS. leges derived by the Rural Business Investment in, or provide other financial assistance to, enti- ‘‘(a) IN GENERAL.—Each Rural Business In- Company under this subtitle. ties that are not otherwise eligible to receive fi- vestment Company that participates in the pro- ‘‘(b) ADJUDICATION OF NONCOMPLIANCE.— nancing from the Farm Credit System under gram established under this subtitle shall be ‘‘(1) IN GENERAL.—Before the Secretary may that Act (12 U.S.C. 2001 et seq.). subject to examinations made at the direction of cause a Rural Business Investment Company to ‘‘SEC. 384K. REPORTING REQUIREMENTS. the Secretary in accordance with this section. forfeit rights or privileges under subsection (a), ‘‘(a) RURAL BUSINESS INVESTMENT COMPA- ‘‘(b) ASSISTANCE OF PRIVATE SECTOR ENTI- a court of the United States of competent juris- NIES.—Each Rural Business Investment Com- TIES.—An examination under this section may diction must find that the Rural Business In- pany that participates in the program estab- be conducted with the assistance of a private vestment Company committed a violation, or lished under this subtitle shall provide to the sector entity that has the qualifications and the failed to comply, in a cause of action brought Secretary such information as the Secretary expertise necessary to conduct such an examina- for that purpose in the district, territory, or may require, including— tion. other place subject to the jurisdiction of the ‘‘(1) information relating to the measurement ‘‘(c) COSTS.— United States, in which the principal office of criteria that the Rural Business Investment ‘‘(1) IN GENERAL.—The Secretary may assess the Rural Business Investment Company is lo- Company proposed in the program application the cost of an examination under this section, cated. of the Rural Business Investment Company; and including compensation of the examiners, ‘‘(2) PARTIES AUTHORIZED TO FILE CAUSES OF ‘‘(2) in each case in which the Rural Business against the Rural Business Investment Com- ACTION.—Each cause of action brought by the Investment Company under this subtitle makes pany examined. United States under this subsection shall be an investment in, or a loan or grant to, a busi- ‘‘(2) PAYMENT.—Any Rural Business Invest- brought by the Secretary or by the Attorney ness that is not located in a rural area, a report ment Company against which the Secretary as- General. on the number and percentage of employees of sesses costs under this paragraph shall pay the ‘‘SEC. 384O. UNLAWFUL ACTS AND OMISSIONS; the business who reside in those areas. costs. BREACH OF FIDUCIARY DUTY. ‘‘(b) PUBLIC REPORTS.— ‘‘(d) DEPOSIT OF FUNDS.—Funds collected ‘‘(a) PARTIES DEEMED TO COMMIT A VIOLA- ‘‘(1) IN GENERAL.—The Secretary shall prepare under this section shall— TION.—Whenever any Rural Business Invest- and make available to the public an annual re- ‘‘(1) be deposited in the account that incurred ment Company violates this subtitle (including port on the program established under this sub- the costs for carrying out this section; any rule, regulation, order, or participation title, including detailed information on— ‘‘(2) be made available to the Secretary to agreement under this subtitle), by reason of the ‘‘(A) the number of Rural Business Investment carry out this section, without further appro- failure of the Rural Business Investment Com- Companies licensed by the Secretary during the priation; and pany to comply with this subtitle or by reason previous fiscal year; ‘‘(3) remain available until expended. of its engaging in any act or practice that con- ‘‘(B) the aggregate amount of leverage that ‘‘SEC. 384M. INJUNCTIONS AND OTHER ORDERS. stitutes or will constitute a violation of this sub- Rural Business Investment Companies have re- ‘‘(a) IN GENERAL.— title, the violation shall also be deemed to be a

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00092 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.013 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1071 violation and an unlawful act committed by any SEC. 603. FULL FUNDING OF PENDING RURAL DE- ings, agricultural downturn, declines in the nat- person that, directly or indirectly, authorizes, VELOPMENT LOAN AND GRANT AP- ural resource-based economy, or environmental orders, participates in, causes, brings about, PLICATIONS. degradation. (a) DEFINITION OF APPLICATION.—In this sec- counsels, aids, or abets in the commission of any ‘‘SEC. 385B. DEFINITIONS. tion, the term ‘‘application’’ does not include an acts, practices, or transactions that constitute or ‘‘In this subtitle: application for a loan, loan guarantee, or grant will constitute, in whole or in part, the viola- ‘‘(1) COMPREHENSIVE COMMUNITY DEVELOP- that, as of the date of enactment of this Act, is tion. MENT STRATEGY.—The term ‘comprehensive com- in the preapplication phase of consideration ‘‘(b) FIDUCIARY DUTIES.—It shall be unlawful munity development strategy’ means a commu- under regulations of the Secretary of Agri- for any officer, director, employee, agent, or nity development strategy described in section culture in effect on the date of enactment of this other participant in the management or conduct 385C(e). Act. of the affairs of a Rural Business Investment ‘‘(2) ELIGIBLE RURAL AREA.— (b) ACCOUNT.—There is established in the Company to engage in any act or practice, or to ‘‘(A) IN GENERAL.—The term ‘eligible rural Treasury of the United States an account to be omit any act or practice, in breach of the fidu- area’ means an area with a population of 25,000 known as the ‘‘Rural America Infrastructure ciary duty of the officer, director, employee, inhabitants or less, as determined by the Sec- Development Account’’ (referred to in this sec- agent, or participant if, as a result of the act or retary using the most recent decennial census. tion as the ‘‘Account’’) to fund rural develop- practice, the Rural Business Investment Com- ‘‘(B) EXCLUSIONS.—The term ‘eligible rural ment loans, loan guarantees, and grants de- pany suffers or is in imminent danger of suf- area’ does not include— scribed in subsection (d) that are pending on the fering financial loss or other damage. ‘‘(i) any area designated by the Secretary as date of enactment of this Act. ‘‘(c) UNLAWFUL ACTS.—Except with the writ- a rural empowerment zone or rural enterprise (c) FUNDING.— ten consent of the Secretary, it shall be community; or (1) IN GENERAL.—Not later than 30 days after unlawful— ‘‘(ii) an urbanized area immediately adjacent the date of enactment of this Act, out of any ‘‘(1) for any person to take office as an offi- to an incorporated city or town with a popu- funds in the Treasury not otherwise appro- cer, director, or employee of any Rural Business lation of more than 25,000 inhabitants. priated, the Secretary of the Treasury shall Investment Company, or to become an agent or ‘‘(3) ENDOWMENT FUND.—The term ‘endow- transfer to the Secretary of Agriculture such participant in the conduct of the affairs or man- ment fund’ means a long-term fund that an ap- sums as are necessary to carry out this section, agement of a Rural Business Investment Com- proved program entity is required to establish to remain available until expended. pany, if the person— under section 385C(f)(3). (2) RECEIPT AND ACCEPTANCE.—The Secretary ‘‘(A) has been convicted of a felony, or any ‘‘(4) PERFORMANCE-BASED BENCHMARKS.—The shall be entitled to receive, shall accept, and other criminal offense involving dishonesty or term ‘performance-based benchmarks’ means a shall use to carry out this section the funds breach of trust; or set of annualized goals and tasks established by transferred under paragraph (1), without fur- ‘‘(B) has been found civilly liable in damages, a recipient of a grant under the Program, in col- ther appropriation. or has been permanently or temporarily en- laboration with the Secretary, for the purpose of (d) USE OF FUNDS.— joined by an order, judgment, or decree of a measuring performance in meeting the com- (1) ELIGIBLE PROGRAMS.—Subject to para- court of competent jurisdiction, by reason of prehensive community development strategy of graph (2), the Secretary shall use the funds in any act or practice involving fraud, or breach of the recipient. the Account to provide funds for applications trust; and ‘‘(5) PROGRAM.—The term ‘Program’ means that are pending on the date of enactment of the Rural Endowment Program established ‘‘(2) for any person to continue to serve in this Act for— under section 385C(a). any of the capacities described in paragraph (1), (A) community facility direct loans under sec- ‘‘(6) PROGRAM ENTITY.—The term ‘program if— tion 306(a)(1) of the Consolidated Farm and entity’ means— ‘‘(A) the person is convicted of a felony, or Rural Development Act (7 U.S.C. 1926(a)(1)); ‘‘(A) a private nonprofit community-based de- any other criminal offense involving dishonesty (B) community facility grants under para- velopment organization; or breach of trust; or graph (19), (20), or (21) of section 306(a) of that ‘‘(B) a unit of local government (including a ‘‘(B) the person is found civilly liable in dam- Act (7 U.S.C. 1926(a)); multijurisdictional unit of local government); ages, or is permanently or temporarily enjoined (C) water or waste disposal grants or direct ‘‘(C) an Indian tribe (as defined in section 4 of by an order, judgment, or decree of a court of loans under paragraph (1) or (2) of section the Indian Self-Determination and Education competent jurisdiction, by reason of any act or 306(a) of that Act (7 U.S.C. 1926(a)); Assistance Act (25 U.S.C. 450b)); practice involving fraud or breach of trust. (D) rural water or wastewater technical as- ‘‘(D) a consortium comprised of an organiza- ‘‘SEC. 384P. REMOVAL OR SUSPENSION OF DIREC- sistance and training grants under section tion described in subparagraph (A) and a unit TORS OR OFFICERS. 306(a)(14) of that Act (7 U.S.C. 1926(a)(14)); of local government; or ‘‘Using the procedures established by the Sec- (E) emergency community water assistance ‘‘(E) a consortium of entities specified in sub- retary for removing or suspending a director or grants under section 306A of that Act (7 U.S.C. paragraphs (A) through (D); an officer of a Rural Business Investment Com- 1926a); that serves an eligible rural area. pany, the Secretary may remove or suspend any (F) business and industry guaranteed loans ‘‘(7) PROGRAM-RELATED INVESTMENT.—The director or officer of any Rural Business Invest- authorized under section 310B(a)(1)(A) of that term ‘program-related investment’ means— ment Company. Act (7 U.S.C. 1932(a)(1)(A)); and ‘‘(A) a loan, loan guarantee, grant, payment (G) solid waste management grants under sec- ‘‘SEC. 384Q. CONTRACTING OF FUNCTIONS. of a technical fee, or other expenditure provided tion 310B(b) of that Act (7 U.S.C. 1932(b)). ‘‘Notwithstanding any other provision of law, for an affordable housing, community facility, (2) LIMITATIONS.— the Secretary shall enter into an interagency small business, environmental improvement, or (A) APPROPRIATED AMOUNTS.—Funds in the agreement with the Administrator of the Small other community development project that is Account shall be available to the Secretary to Business Administration to carry out, on behalf part of a comprehensive community development provide funds for pending applications for of the Secretary, the day-to-day management strategy; and loans, loan guarantees, and grants described in and operation of the program authorized by this ‘‘(B) support services relating to a project de- paragraph (1) only to the extent that funds for subtitle. scribed in subparagraph (A). ‘‘SEC. 384R. REGULATIONS. the loans, loan guarantees, and grants appro- priated in the annual appropriations Act for fis- ‘‘SEC. 385C. RURAL ENDOWMENT PROGRAM. ‘‘The Secretary may promulgate such regula- cal year 2002 have been exhausted. ‘‘(a) ESTABLISHMENT.— tions as the Secretary considers necessary to (B) PROGRAM REQUIREMENTS.—The Secretary ‘‘(1) IN GENERAL.—The Secretary may estab- carry out this subtitle. may use the Account to provide funds for a lish a program, to be known as the ‘Rural En- ‘‘SEC. 384S. FUNDING. pending application for a loan, loan guarantee, dowment Program’, to provide approved pro- ‘‘(a) IN GENERAL.—Not later than 30 days or grant described in paragraph (1) only if the gram entities with assistance in developing and after the date of enactment of this Act, out of Secretary processes, reviews, and approves the implementing comprehensive community devel- any funds in the Treasury not otherwise appro- application in accordance with regulations in opment strategies for eligible rural areas. priated, the Secretary of the Treasury shall effect on the date of enactment of this Act. ‘‘(2) PURPOSES.—The purposes of the Program transfer to the Secretary of Agriculture— SEC. 604. RURAL ENDOWMENT PROGRAM. are— ‘‘(1) such sums as may be necessary for the ‘‘(A) to enhance the ability of an eligible rural (a) IN GENERAL.—The Consolidated Farm and cost of guaranteeing $350,000,000 of debentures Rural Development Act (7 U.S.C. 1921 et seq.) area to engage in comprehensive community de- under this subtitle; and (as amended by section 602) is amended by add- velopment; ‘‘(2) $50,000,000 to make grants under this sub- ing at the end the following: ‘‘(B) to leverage private and public resources title. for the benefit of community development efforts ‘‘(b) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘Subtitle I—Rural Endowment Program in eligible rural areas; retary shall be entitled to receive, shall accept, ‘‘SEC. 385A. PURPOSE. ‘‘(C) to make available staff of Federal agen- and shall use to carry out this section the funds ‘‘The purpose of this subtitle is to provide cies to directly assist the community develop- transferred under subsection (a), without fur- rural communities with technical and financial ment efforts of an approved program entity or ther appropriation. assistance to implement comprehensive commu- eligible rural area; and ‘‘(c) AVAILABILITY OF FUNDS.—Funds trans- nity development strategies to reduce the eco- ‘‘(D) to strengthen the asset base of an eligible ferred under subsection (a) shall remain avail- nomic and social distress resulting from poverty, rural area to further long-term, ongoing commu- able until expended.’’. high unemployment, outmigration, plant clos- nity development.

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‘‘(b) APPLICATIONS.— ment, outmigration, plant closings, agricultural ‘‘(i) retained by the grantee; and ‘‘(1) IN GENERAL.—To receive an endowment downturn, declines in the natural resource- ‘‘(ii) treated as Federal funds are treated grant under the Program, the eligible entity based economy, or environmental degradation; under subparagraph (B). shall submit an application at such time, in ‘‘(B) addresses a broad range of the develop- ‘‘(D) LIMITATION.—The Secretary shall pro- such form, and containing such information as ment needs of a community, including economic, mulgate regulations on matching funds and re- the Secretary may require. social, and environmental needs, for a period of turns on program-related investments only to ‘‘(2) REGIONAL APPLICATIONS.— not less than 10 years; the extent that such funds or proceeds are used ‘‘(A) IN GENERAL.—Where appropriate, the ‘‘(C) is developed with input from a broad in a manner consistent with this subtitle. Secretary shall encourage regional applications array of local governments and business, civic, ‘‘(4) CONDITIONS.— from program entities serving more than 1 eligi- and community organizations; ‘‘(A) DISBURSEMENT.— ble rural area. ‘‘(D) specifies measurable performance-based ‘‘(i) IN GENERAL.—Each endowment grant ‘‘(B) CRITERIA FOR APPLICATIONS.—To be eli- outcomes for all activities; and award shall be disbursed during a period not to gible for an endowment grant for a regional ap- ‘‘(E) includes a financial plan for achieving exceed 5 years beginning during the fiscal year plication, the program entities that submit the the outcomes and activities of the comprehensive containing the date of final approval of the ap- application shall demonstrate that— community development strategy that identifies proved program entity under subsection (e)(3). ‘‘(i) a comprehensive community development sources for, or a plan to meet, the requirement ‘‘(ii) MANNER OF DISBURSEMENT.—Subject to strategy for the eligible rural areas is best ac- for a non-Federal share under subsection subparagraph (B), the Secretary may disburse a complished through a regional approach; and (f)(4)(B). grant award in 1 lump sum or in incremental ‘‘(ii) the combined population of the eligible ‘‘(2) FINAL APPROVAL.— disbursements made each fiscal year. rural areas covered by the comprehensive com- ‘‘(A) IN GENERAL.—An approved program enti- ‘‘(iii) INCREMENTAL DISBURSEMENTS.—If the munity development strategy is 75,000 inhab- ty shall receive final approval if the Secretary Secretary elects to make incremental disburse- itants or less. determines that— ments, for each fiscal year after the initial dis- ‘‘(C) WAIVER FOR INDIAN TRIBES.—The Sec- ‘‘(i) the comprehensive community develop- bursement, the Secretary shall make a disburse- retary may, at the request of an Indian tribe, ment strategy of the approved program entity ment under clause (i) only if the approved pro- waive the requirement under subparagraph meets the requirements of this section; gram entity— (B)(ii) with respect to an application submitted ‘‘(ii) the management and organizational ‘‘(I) has met the performance-based bench- by the Indian tribe for multiple eligible rural structure of the approved program entity is suf- marks of the approved program entity for the areas under the jurisdiction of the Indian tribe. ficient to oversee fund and development activi- preceding fiscal year; and ‘‘(D) AMOUNT OF ENDOWMENT GRANTS.—For ties; ‘‘(II) has provided the non-Federal share re- the purpose of subsection (f)(2), 2 or more pro- ‘‘(iii) the approved program entity has estab- quired for the preceding fiscal year under sub- gram entities that submit a regional application lished an endowment fund; and paragraph (B). shall be considered to be a single program enti- ‘‘(iv) the approved program entity will be able ‘‘(iv) ADVANCE DISBURSEMENTS.—The Sec- ty. to provide the non-Federal share required under retary may make disbursements under this para- ‘‘(3) PREFERENCE.—The Secretary shall give subsection (f)(4)(B). graph notwithstanding any provision of law preference to a joint application submitted by a ‘‘(B) CONDITIONS.—As part of the final ap- limiting grant disbursements to amounts nec- private, nonprofit community development cor- proval, the approved program entity shall agree essary to cover expected expenses on a term poration and a unit of local government or In- to— basis. dian tribe. ‘‘(i) achieve, to the maximum extent prac- ‘‘(B) NON-FEDERAL SHARE.— ‘‘(c) ENTITY APPROVAL.—The Secretary shall ticable, performance-based benchmarks; and ‘‘(i) IN GENERAL.—Except as provided in approve a program entity to receive grants ‘‘(ii) comply with the terms of the comprehen- clause (ii), for each disbursement under sub- under the Program, if the program entity meets sive community development strategy for a pe- paragraph (A), the Secretary shall require the criteria established by the Secretary, including riod of not less than 10 years. approved program entity to provide a non-Fed- the following: ‘‘(f) ENDOWMENT GRANTS.— eral share in an amount equal to 50 percent of ‘‘(1) DISTRESSED RURAL AREA.—The program ‘‘(1) IN GENERAL.—Under the Program, the the amount of funds received by the approved entity shall serve a rural area that suffers from Secretary may make endowment grants to ap- program entity under the disbursement. economic or social distress resulting from pov- proved program entities with final approval to ‘‘(ii) LOWER NON-FEDERAL SHARE.—In the case erty, high unemployment, outmigration, plant implement an approved comprehensive commu- of an approved program entity that serves a closings, agricultural downturn, declines in the nity development strategy. small, poor rural area or poor Indian tribe (as natural resource-based economy, or environ- ‘‘(2) AMOUNT OF GRANTS.—An endowment determined by the Secretary), the Secretary mental degradation. grant to an approved program entity shall be in may— ‘‘(2) CAPACITY TO IMPLEMENT STRATEGY.—The an amount of not more than $6,000,000, as deter- ‘‘(I) reduce the non-Federal share to not less program entity shall demonstrate the capacity mined by the Secretary based on— than 20 percent; and to implement a comprehensive community devel- ‘‘(A) the size of the population of the eligible ‘‘(II) allow the non-Federal share to be pro- opment strategy. rural area for which the endowment grant is to vided in the form of in-kind contributions. ‘‘(3) GOALS.—The goals described in the appli- be used; ‘‘(iii) BINDING COMMITMENTS; PLAN.—For the cation submitted under subsection (b) shall be ‘‘(B) the size of the eligible rural area for purpose of meeting the non-Federal share re- consistent with this section. which the endowment grant is to be used; quirement with respect to the first disbursement ‘‘(4) PARTICIPATION PROCESS.—The program ‘‘(C) the extent of the comprehensive commu- of an endowment grant award to the approved entity shall demonstrate the ability to convene nity development strategy to be implemented program entity under the Program, an approved and maintain a multi-stakeholder, community- using the endowment grant award; and program entity shall— based participation process. ‘‘(D) the extent to which the community suf- ‘‘(I) have, at a minimum, binding commit- ‘‘(d) PLANNING GRANTS TO CONDITIONALLY AP- fers from economic or social distress resulting ments to provide the non-Federal share required PROVED PROGRAM ENTITIES.— from— with respect to the first disbursement of the en- ‘‘(1) IN GENERAL.—The Secretary may award ‘‘(i) poverty; dowment grant award; and supplemental grants to approved program enti- ‘‘(ii) high unemployment; ‘‘(II) if the Secretary is making incremental ties to assist the approved program entities in ‘‘(iii) outmigration; disbursements of a grant, develop a viable plan the development of a comprehensive community ‘‘(iv) plant closings; for providing the remaining amount of the re- development strategy under subsection (e). ‘‘(v) agricultural downturn; quired non-Federal share. ‘‘(2) ELIGIBILITY FOR SUPPLEMENTAL ‘‘(vi) declines in the natural resource-based ‘‘(C) LIMITATIONS.— GRANTS.—In determining whether to award a economy; or ‘‘(i) IN GENERAL.—Subject to clause (ii), of supplemental grant to an approved program en- ‘‘(vii) environmental degradation. each disbursement, an approved program entity tity, the Secretary shall consider the economic ‘‘(3) ENDOWMENT FUNDS.— shall use— need of the approved program entity. ‘‘(A) ESTABLISHMENT.—On notification from ‘‘(I) not more than 10 percent for administra- ‘‘(3) LIMITATIONS ON AMOUNT OF GRANTS.— the Secretary that the program entity has been tive costs of carrying out program-related in- Under this subsection, an approved program en- approved under subsection (c), the approved vestments; tity may receive a supplemental grant in an program entity shall establish an endowment ‘‘(II) not more than 20 percent for the purpose amount of— fund. of maintaining a loss reserve account; and ‘‘(A) not more than $100,000; or ‘‘(B) FUNDING OF ENDOWMENT.—Federal funds ‘‘(III) the remainder for program-related in- ‘‘(B) in the case of a regional application ap- provided in the form of an endowment grant vestments contained in the comprehensive com- proved under a waiver by the Secretary under under the Program shall— munity development strategy. subsection (b)(2)(C), not more than $200,000. ‘‘(i) be deposited in the endowment fund; ‘‘(ii) LOSS RESERVE ACCOUNT.—If all disbursed ‘‘(e) ENDOWMENT GRANT AWARD.— ‘‘(ii) be the sole property of the approved pro- funds available under a grant are expended in ‘‘(1) IN GENERAL.—To be eligible for an endow- gram entity; accordance with clause (i) and the grant recipi- ment grant under the Program, an approved ‘‘(iii) be used in a manner consistent with this ent has no expected losses to cover for a fiscal program entity shall develop, and obtain the ap- subtitle; and year, the recipient may use funds in the loss re- proval of the Secretary for, a comprehensive ‘‘(iv) be subject to oversight by the Secretary serve account described in clause (i)(II) for pro- community development strategy that— for a period of not more than 10 years. gram-related investments described in clause ‘‘(A) is designed to reduce economic or social ‘‘(C) INTEREST.—Interest earned on Federal (i)(III) for which no reserve for losses is re- distress resulting from poverty, high unemploy- funds in the endowment fund shall be— quired.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.014 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1073

‘‘(g) FEDERAL AGENCY ASSISTANCE.—Under transmit data to enable a subscriber to the serv- ‘‘(i) establish a national reserve for grants, the Program, the Secretary shall provide and co- ice to originate and receive high-quality voice, loans, and loan guarantees to eligible entities in ordinate technical assistance for grant recipi- data, graphics, or video. States under this section; and ents by designated field staff of Federal agen- ‘‘(2) ELIGIBLE RURAL COMMUNITY.—The term ‘‘(ii) allocate amounts in the reserve to each cies. ‘eligible rural community’ means any incor- State for each fiscal year for grants, loans, and ‘‘(h) PRIVATE TECHNICAL ASSISTANCE.— porated or unincorporated place that— loan guarantees to eligible entities in the State. ‘‘(1) IN GENERAL.—Under the Program, the ‘‘(A) has not more than 20,000 inhabitants, ‘‘(B) AMOUNT.—The amount of an allocation Secretary may make grants to qualified inter- based on the most recent available population made to a State for a fiscal year under subpara- mediaries to provide technical assistance and statistics of the Bureau of the Census; and graph (A) shall bear the same ratio to the capacity building to approved program entities ‘‘(B) is not located in an area designated as a amount of allocations made for all States for the under the Program. standard metropolitan statistical area. fiscal year as the number of communities with a ‘‘(c) GRANTS.—The Secretary shall make ‘‘(2) DUTIES.—A qualified intermediary that population of 2,500 inhabitants or less in the grants to eligible entities described in subsection receives a grant under this subsection shall— State bears to the number of communities with (e) to provide funds for the construction, im- ‘‘(A) provide assistance to approved program a population of 2,500 inhabitants or less in all provement, or acquisition of facilities and equip- entities in developing, coordinating, and over- States, as determined on the basis of the last ment for the provision of broadband service in seeing investment strategy; available census. eligible rural communities. ‘‘(B) provide technical assistance in all as- ‘‘(C) UNOBLIGATED AMOUNTS.—Any amounts ‘‘(d) LOANS AND LOAN GUARANTEES.—The Sec- in the reserve established for a State for a fiscal pects of planning, developing, and managing retary shall make or guarantee loans to eligible year under subparagraph (B) that are not obli- the Program; and entities described in subsection (e) to provide gated by April 1 of the fiscal year shall be avail- ‘‘(C) facilitate Federal and private sector in- funds for the construction, improvement, or ac- able to the Secretary to make grants, loans, and volvement in rural community development. quisition of facilities and equipment for the pro- loan guarantees under this section to eligible ‘‘(3) ELIGIBILITY.—To be considered a quali- vision of broadband service in eligible rural com- entities in any State, as determined by the Sec- fied intermediary under this subsection, an munities. intermediary shall— ‘‘(e) ELIGIBLE ENTITIES.—To be eligible to ob- retary. ‘‘(A) be a private, nonprofit community devel- tain a grant, loan, or loan guarantee under this ‘‘(k) GRANTS FOR PLANNING AND FEASIBILITY opment organization; section, an entity must— STUDIES ON BROADBAND DEPLOYMENT.— ‘‘(B) have expertise in Federal or private rural ‘‘(1) be able to furnish, improve, or extend a ‘‘(1) IN GENERAL.—In addition to any other community development policy or programs; and broadband service to an eligible rural commu- grants, loans, or loan guarantees made under ‘‘(C) have experience in providing technical nity; and this section, the Secretary shall make grants to assistance, planning, and capacity building as- ‘‘(2) submit to the Secretary a proposal for a eligible entities specified in paragraph (2) for sistance to rural communities and nonprofit en- project that meets the requirements of this sec- planning and feasibility studies carried out by tities in eligible rural areas. tion. those entities on the deployment of broadband ‘‘(4) MAXIMUM AMOUNT OF GRANTS.—A quali- ‘‘(f) BROADBAND SERVICE.—The Secretary services in the areas served by those entities. fied intermediary may receive a grant under this shall, from time to time as advances in tech- ‘‘(2) ELIGIBLE ENTITIES.—The entities eligible subsection of not more than $100,000. nology warrant, review and recommend modi- for grants under this subsection are— ‘‘(5) FUNDING.—Of the amounts made avail- fications of rate-of-data transmission criteria for ‘‘(A) State governments; able under section 385D, the Secretary may use purposes of the identification of broadband ‘‘(B) local governments (including consortia of to carry out this subsection not more than service technologies under subsection (b)(1). local governments); $2,000,000 for each of not more than 2 fiscal ‘‘(g) TECHNOLOGICAL NEUTRALITY.—For pur- ‘‘(C) tribal governments; ‘‘(D) telecommunications cooperatives; and years. poses of determining whether or not to make a ‘‘(E) appropriate State and regional nonprofit ‘‘SEC. 385D. FUNDING. grant, loan, or loan guarantee for a project under this section, the Secretary shall not take entities (as determined by the Secretary). ‘‘(a) FISCAL YEARS 2002 AND 2003.— into consideration the type of technology pro- ‘‘(3) ELIGIBILITY CRITERIA.— ‘‘(1) IN GENERAL.—Not later than 30 days after posed to be used under the project. ‘‘(A) IN GENERAL.—The Secretary shall estab- the date of enactment of this subtitle, out of any ‘‘(h) TERMS AND CONDITIONS FOR LOANS AND lish criteria for eligibility for grants under this funds in the Treasury not otherwise appro- LOAN GUARANTEES.—A loan or loan guarantee subsection, including criteria for the scope of priated, the Secretary of the Treasury shall under subsection (d) shall— the planning and feasibility studies to be carried transfer to the Secretary of Agriculture to carry ‘‘(1) be made available in accordance with the out with grants under this subsection. out this subtitle $82,000,000 for the period of fis- requirements of the Federal Credit Reform Act ‘‘(B) CONTRIBUTION BY GRANTEE.—An entity cal years 2002 and 2003, to remain available of 1990 (2 U.S.C. 661 et seq.); may not be awarded a grant under this sub- until expended. ‘‘(2) bear interest at an annual rate of, as de- section unless the entity agrees to contribute ‘‘(2) SCHEDULE FOR OBLIGATIONS.—Of the termined by the Secretary— (out of funds other than the grant amount) to amounts made available under paragraph (1)— ‘‘(A) 4 percent per annum; or the planning and feasibility study to be funded ‘‘(A) not more than $5,000,000 shall be obli- ‘‘(B) the current applicable market rate; and by the grant an amount equal to the amount of gated to carry out section 385C(d); ‘‘(3) have a term not to exceed the useful life the grant. ‘‘(B) not less than $75,000,000 shall be obli- of the assets constructed, improved, or acquired ‘‘(4) APPLICATION.—An entity seeking a grant gated to carry out section 385C(f); and with the proceeds of the loan or extension of under this subsection shall submit to the Sec- ‘‘(C) not less than $2,000,000 shall be obligated credit. retary an application for the grant that is in to carry out section 385C(h). ‘‘(i) USE OF LOAN PROCEEDS TO REFINANCE such form, and that contains such information, ‘‘(3) RECEIPT AND ACCEPTANCE.—The Sec- LOANS FOR DEPLOYMENT OF BROADBAND SERV- as the Secretary shall require. retary shall be entitled to receive, shall accept, ICE.—Notwithstanding any other provision of ‘‘(5) USE OF GRANT AMOUNTS.— and shall use to carry out this subtitle the funds this Act, the proceeds of any loan made by the ‘‘(A) IN GENERAL.—Subject to subparagraph transferred under paragraph (1), without fur- Secretary under this Act may be used by the re- (B), an entity that receives a grant under this ther appropriation. cipient of the loan for the purpose of refi- subsection shall use the grant amount for plan- ‘‘(b) FISCAL YEARS 2004 THROUGH 2006.—There nancing an outstanding obligation of the recipi- ning and feasibility studies on the deployment are authorized to be appropriated such sums as ent on another telecommunications loan made of broadband services in the area of— are necessary to carry out this subtitle for each under this Act if the use of the proceeds for that ‘‘(i) an Indian tribe; of fiscal years 2004 through 2006.’’. purpose will further the construction, improve- ‘‘(ii) a local government; SEC. 605. ENHANCEMENT OF ACCESS TO ment, or acquisition of facilities and equipment ‘‘(iii) a State; BROADBAND SERVICE IN RURAL for the provision of broadband service in eligible ‘‘(iv) a region of a State; or AREAS. rural communities. ‘‘(v) a region of States. The Rural Electrification Act of 1936 (7 U.S.C. ‘‘(j) FUNDING.— ‘‘(B) LIMITATION.—Grant amounts under this 901 et seq.) is amended by adding at the end the ‘‘(1) IN GENERAL.—Not later than 30 days after subsection may not be used for the construction following: the date of enactment of this Act, and on Octo- of buildings or other facilities, the acquisition or ber 1, 2002, and each October 1 thereafter improvement of existing buildings or facilities, ‘‘TITLE VI—RURAL BROADBAND ACCESS through October 1, 2005, out of any funds in the or the leasing of office space. ‘‘SEC. 601. ACCESS TO BROADBAND TELE- Treasury not otherwise appropriated, the Sec- ‘‘(6) LIMITATION ON GRANT AMOUNTS.— COMMUNICATIONS SERVICES IN retary of the Treasury shall transfer to the Sec- ‘‘(A) STATEWIDE GRANTS.—The amount of the RURAL AREAS. retary of Agriculture to carry out this section grants made under this subsection in or with re- ‘‘(a) PURPOSE.—The purpose of this section is $100,000,000, to remain available until expended. spect to any State in any fiscal year may not ex- to provide grants, loans, and loan guarantees to ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- ceed $250,000. provide funds for the costs of the construction, retary shall be entitled to receive, shall accept, ‘‘(B) LOCAL GOVERNMENT, REGIONAL, OR TRIB- improvement, and acquisition of facilities and and shall use to carry out this section the funds AL GRANTS.—The amount of the grants made equipment for broadband service in eligible rural transferred under paragraph (1), without fur- under this subsection in or with respect to any communities. ther appropriation. local government, region, or tribal government ‘‘(b) DEFINITIONS.—In this section: ‘‘(3) ALLOCATION OF FUNDS.— in any fiscal year may not exceed $100,000. ‘‘(1) BROADBAND SERVICE.—The term ‘‘(A) IN GENERAL.—From amounts made avail- ‘‘(7) RESERVATION OF FUNDS FOR GRANTS.— ‘broadband service’ means any technology iden- able for each fiscal year under paragraph (1), ‘‘(A) IN GENERAL.—For each fiscal year, up to tified by the Secretary as having the capacity to the Secretary shall— 3 percent of the funds made available to carry

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.014 pfrm01 PsN: S25PT1 S1074 CONGRESSIONAL RECORD — SENATE February 25, 2002 out this section for the fiscal year shall be re- ‘‘(ii) to develop strategies that are intended to (C) by striking ‘‘subsection (a)’’ and inserting served for grants under this subsection. create marketing opportunities for the producer; ‘‘subsection (b)’’; and ‘‘(B) RELEASE.—Funds reserved under sub- and (4) in subsection (d) (as redesignated), by paragraph (A) for a fiscal year shall be reserved ‘‘(B) to an eligible nonprofit entity (as deter- striking ‘‘subsections (a) and (b)’’ and inserting only until April 1 of the fiscal year. mined by the Secretary) to assist the entity— ‘‘subsections (b) and (c)’’. ‘‘(8) SUPPLEMENT NOT SUPPLANT.— ‘‘(i) to develop a business plan for viable mar- SEC. 607. NATIONAL RURAL DEVELOPMENT IN- ‘‘(A) IN GENERAL.—Eligibility for a grant keting opportunities in emerging markets for a FORMATION CLEARINGHOUSE. under this subsection shall not affect eligibility value-added agricultural product; Section 2381 of the Food, Agriculture, Con- for a grant, loan, or loan guarantee under an- ‘‘(ii) to develop strategies that are intended to servation, and Trade Act of 1990 (7 U.S.C. 3125b) other subsection of this section. create marketing opportunities in emerging mar- is amended to read as follows: ‘‘(B) CONSIDERATIONS.—The Secretary shall kets for the value-added agricultural product; or not take into account the award of a grant ‘‘SEC. 2381. NATIONAL RURAL DEVELOPMENT IN- ‘‘(iii) to create, expand, or operate value- FORMATION CLEARINGHOUSE. under this subsection, or the award of a grant, added processing in an area described in para- ‘‘(a) ESTABLISHMENT.—The Secretary shall es- loan, or loan guarantee under another sub- graph (3)(B)(ii) in connection with production tablish and maintain, within the rural develop- section of this section, in awarding a grant, agriculture. ment mission area of the Department of Agri- loan, or loan guarantee under this subsection or ‘‘(3) AMOUNT OF GRANT.— culture, a National Rural Development Informa- another subsection of this section, as the case ‘‘(A) IN GENERAL.—The total amount provided tion Clearinghouse (referred to in this section as may be. under this subsection to a grant recipient may the ‘Clearinghouse’) to perform the functions ‘‘(l) TERMINATION OF AUTHORITY.— not exceed $500,000. specified in subsection (b). ‘‘(1) IN GENERAL.—No grant, loan, or loan ‘‘(B) PRIORITY.—The Secretary shall give pri- ‘‘(b) FUNCTIONS.—The Clearinghouse shall guarantee may be made under this section after ority to— collect information and data from, and dissemi- September 30, 2006. ‘‘(i) grant proposals for less than $200,000 sub- nate information and data to, any person or ‘‘(2) EFFECT ON VALIDITY OF GRANT, LOAN, OR mitted under this subsection; and LOAN GUARANTEE.—Notwithstanding paragraph ‘‘(ii) grant proposals submitted by an eligible public or private entity about programs and (1), any grant, loan, or loan guarantee made nonprofit entity with a principal office that is services provided by Federal, State, local, and under this section before the date specified in located— tribal agencies, institutions of higher education, paragraph (1) shall be valid.’’. ‘‘(I) on land of an existing or former Native and private, for-profit, and nonprofit organiza- SEC. 606. VALUE-ADDED AGRICULTURAL PROD- American reservation; and tions and institutions under which a person or UCT MARKET DEVELOPMENT ‘‘(II) in a city, town, or unincorporated area public or private entity residing or operating in GRANTS. that has a population of no more than 5,000 in- a rural area may be eligible for any kind of fi- Section 231 of the Agricultural Risk Protection habitants. nancial, technical, or other assistance, includ- Act of 2000 (7 U.S.C. 1621 note; Public Law 106– ‘‘(4) GRANTEE STRATEGIES.—A grantee under ing business, venture capital, economic, credit 224) is amended— paragraph (2) shall use the grant— and community development assistance, health (1) by redesignating subsections (b) through ‘‘(A) to develop a business plan or perform a care, job training, education, and emotional and (d) as subsections (c) through (e), respectively; feasibility study to establish a viable marketing financial counseling. (2) by striking subsection (a) and inserting the opportunity for a value-added agricultural ‘‘(c) MODES OF COLLECTION AND DISSEMINA- following: product; or TION OF INFORMATION.—In addition to other ‘‘(a) DEFINITION OF VALUE-ADDED AGRICUL- ‘‘(B) to provide capital to establish alliances modes for the collection and dissemination of TURAL PRODUCT.—The term ‘value-added agri- or business ventures that allow the producer of the types of information and data specified cultural product’ means any agricultural com- the value-added agricultural product to better under subsection (b), the Secretary shall ensure modity or product that— compete in domestic or international markets. that the Clearinghouse maintains an Internet ‘‘(1)(A) has undergone a change in physical ‘‘(5) GRANTS FOR MARKETING OR PROCESSING website that provides for dissemination and col- state; or CERTIFIED ORGANIC AGRICULTURAL PRODUCTS.— lection, through voluntary submission or post- ‘‘(B) was produced in a manner that enhances ‘‘(A) IN GENERAL.—Out of any amount that is ing, of the information and data. the value of the agricultural commodity or prod- made available to the Secretary for a fiscal year ‘‘(d) FEDERAL AGENCIES.—On request of the uct, as demonstrated through a business plan under paragraph (2), the Secretary shall use not Secretary and to the extent permitted by law, that shows the enhanced value, as determined less than 5 percent of the amount for grants to the head of a Federal agency shall provide to by the Secretary; and assist producers of certified organic agricultural the Clearinghouse such information as the Sec- ‘‘(2) as a result of the change in physical state products in post-farm marketing or processing of retary may request to enable the Clearinghouse or the manner in which the agricultural com- the products through a business or cooperative to carry out this section. modity or product was produced— ventures that— ‘‘(e) STATE, LOCAL, AND TRIBAL AGENCIES, IN- ‘‘(A) the customer base for the agricultural ‘‘(i) expand the customer base of the certified STITUTIONS OF HIGHER EDUCATION, AND NON- commodity or product has been expanded; and organic agricultural products; and ‘‘(B) a greater portion of the revenue derived PROFIT AND FOR-PROFIT ORGANIZATIONS.—The ‘‘(ii) increase the portion of product revenue from the processing of the agricultural com- Secretary shall request State, local, and tribal available to the producers. modity or product is available to the producer of agencies, institutions of higher education, and ‘‘(B) CERTIFIED ORGANIC AGRICULTURAL PROD- the commodity or product. private, for-profit, and nonprofit organizations UCT.—For the purposes of this paragraph, a cer- ‘‘(b) GRANT PROGRAM.— and institutions to provide to the Clearinghouse ‘‘(1) PURPOSES.—The purposes of this sub- tified organic agricultural product does not information concerning applicable programs or section are— have to meet the requirements of the definition services described in subsection (b). ‘‘(A) to increase the share of the food and ag- of ‘value-added agricultural product’ under sub- ‘‘(f) PROMOTION OF CLEARINGHOUSE.—The ricultural system profit received by agricultural section (a). Secretary prominently shall promote the exist- producers; ‘‘(C) INSUFFICIENT APPLICATIONS.—If, for any ence and availability of the Clearinghouse in all ‘‘(B) to increase the number and quality of fiscal year, the Secretary receives an insuffi- activities of the Department of Agriculture relat- rural self-employment opportunities in agri- cient quantity of applications for grants de- ing to rural areas of the United States. culture and agriculturally-related businesses scribed in subparagraph (A) to use the funds re- ‘‘(g) FUNDING.— and the number and quality of jobs in agri- served under subparagraph (A), the Secretary ‘‘(1) IN GENERAL.—Subject to paragraph (2), culturally-related businesses; may use the excess reserved funds to make the Secretary shall use to operate and maintain ‘‘(C) to help maintain a diversity of size in grants for any other purpose authorized under the Clearinghouse not more than $600,000 of the farms and ranches by stabilizing the number of this subsection. funds available to the Rural Housing Service, small and mid-sized farms; ‘‘(6) FUNDING.— the Rural Utilities Service, and the Rural Busi- ‘‘(D) to increase the diversity of food and ‘‘(A) IN GENERAL.—Not later than 30 days ness-Cooperative Service for each fiscal year. other agricultural products available to con- after the date of enactment of this paragraph, ‘‘(2) LIMITATION.—Funds available to the sumers, including nontraditional crops and and on October 1, 2002, and each October 1 Rural Housing Service, the Rural Utilities Serv- products and products grown or raised in a thereafter through October 1, 2005, out of any ice, and the Rural Business-Cooperative Service manner that enhances the value of the products funds in the Treasury not otherwise appro- for the payment of loan costs (as defined in sec- to the public; and priated, the Secretary of the Treasury shall tion 502 of Federal Credit Reform Act of 1990 (2 ‘‘(E) to conserve and enhance the quality of transfer to the Secretary of Agriculture to carry U.S.C. 661a)) shall not be used to operate and land, water, and energy resources, wildlife habi- out this subsection $75,000,000, to remain avail- maintain the Clearinghouse.’’. able until expended. tat, and other landscape values and amenities Subtitle B—National Rural Development ‘‘(B) RECEIPT AND ACCEPTANCE.—The Sec- in rural areas. Partnership ‘‘(2) GRANTS.—From amounts made available retary shall be entitled to receive, shall accept, under paragraph (6), the Secretary shall make and shall use to carry out this subsection the SEC. 611. SHORT TITLE. award competitive grants— funds transferred under subparagraph (A), This subtitle may be cited as the ‘‘National ‘‘(A) to an eligible independent producer (as without further appropriation.’’; Rural Development Partnership Act of 2002’’. determined by the Secretary) of a value-added (3) in subsection (c)(1) (as redesignated)— SEC. 612. NATIONAL RURAL DEVELOPMENT PART- agricultural product to assist the producer— (A) by striking ‘‘subsection (a)(2)’’ and insert- NERSHIP. ‘‘(i) to develop a business plan for viable mar- ing ‘‘subsection (b)(2)’’; Subtitle D of the Consolidated Farm and keting opportunities for the value-added agri- (B) by striking ‘‘$5,000,000’’ and inserting ‘‘7.5 Rural Development Act (7 U.S.C. 1981 et seq.) is cultural product; or percent’’; and amended by adding at the end the following:

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00096 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.014 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1075 ‘‘SEC. 377. NATIONAL RURAL DEVELOPMENT and trying fresh, new approaches to rural devel- tions, and proposed legislation that affect or PARTNERSHIP. opment issues, with responses to rural develop- would affect rural areas; ‘‘(a) DEFINITIONS.—In this section: ment that use different approaches to fit dif- ‘‘(F) provide technical assistance to State ‘‘(1) AGENCY WITH RURAL RESPONSIBILITIES.— ferent situations; and rural development councils for the implementa- The term ‘agency with rural responsibilities’ ‘‘(C) to encourage all partners in the Partner- tion of Federal programs; means any executive agency (as defined in sec- ship (Federal, State, local, and tribal govern- ‘‘(G) notwithstanding any other provision of tion 105 of title 5, United States Code) that— ments, the private sector, and nonprofit organi- law, develop and facilitate strategies to reduce ‘‘(A) implements Federal law targeted at rural zations) to be fully engaged and share equally or eliminate administrative and regulatory im- areas, including— in decisions. pediments; and ‘‘(i) the Act of April 24, 1950 (commonly ‘‘(3) GOVERNING PANEL.— ‘‘(H) require each State receiving funds under known as the ‘Granger-Thye Act’) (64 Stat. 82, ‘‘(A) IN GENERAL.—A panel consisting of rep- this section to submit an annual report on the chapter 9); resentatives of the Coordinating Committee and use of the funds by the State, including a de- ‘‘(ii) the Intergovernmental Cooperation Act State rural development councils shall be estab- scription of strategic plans, goals, performance of 1968 (82 Stat. 1098); lished to lead and coordinate the strategic oper- measures, and outcomes for the State rural de- ‘‘(iii) section 41742 of title 49, United States ation, policies, and practices of the Partnership. velopment council of the State. Code; ‘‘(B) ANNUAL REPORTS.—In conjunction with ‘‘(4) ELECTION NOT TO PARTICIPATE.—An ‘‘(iv) the Rural Development Act of 1972 (86 the Coordinating Committee and State rural de- agency with rural responsibilities that elects not Stat. 657); velopment councils, the panel shall prepare and to participate in the Partnership and the Co- ‘‘(v) the Rural Development Policy Act of 1980 submit to Congress an annual report on the ac- ordinating Committee shall submit to Congress a (94 Stat. 1171); tivities of the Partnership. report that describes— ‘‘(vi) the Rural Electrification Act of 1936 (7 ‘‘(4) ROLE OF FEDERAL GOVERNMENT.—The ‘‘(A) how the programmatic responsibilities of U.S.C. 901 et seq.); role of the Federal Government in the Partner- the Federal agency that target or have an im- ‘‘(vii) amendments made to section 334 of the ship shall be that of a partner and facilitator, pact on rural areas are better achieved without Public Health Service Act (42 U.S.C. 254g) by the with Federal agencies authorized— participation by the agency in the Partnership; Rural Health Clinics Act of 1983 (97 Stat. 1345); ‘‘(A) to cooperate with States to implement the and and Partnership; ‘‘(B) a more effective means of partnership- ‘‘(viii) the Rural Housing Amendments of 1983 ‘‘(B) to provide States with the technical and building and collaboration to achieve the pro- (97 Stat. 1240) and the amendments made by the administrative support necessary to plan and grammatic responsibilities of the agency. Rural Housing Amendments of 1983 to title V of implement tailored rural development strategies ‘‘(d) STATE RURAL DEVELOPMENT COUNCILS.— the Housing Act of 1949 (42 U.S.C. 1471 et seq.); to meet local needs; ‘‘(1) ESTABLISHMENT.—Notwithstanding chap- or ‘‘(C) to ensure that the head of each agency ter 63 of title 31, United States Code, each State ‘‘(B) administers a program that has a signifi- referred to in subsection (a)(1)(B) designates a may elect to participate in the Partnership by cant impact on rural areas, including— senior-level agency official to represent the entering into an agreement with the Secretary ‘‘(i) the Appalachian Regional Commission; agency on the Coordinating Committee and di- to establish a State rural development council. ‘‘(ii) the Department of Agriculture; rects appropriate field staff to participate fully ‘‘(2) STATE DIVERSITY.—Each State rural de- ‘‘(iii) the Department of Commerce; with the State rural development council within velopment council shall— ‘‘(iv) the Department of Defense; the jurisdiction of the field staff; and ‘‘(A) have a nonpartisan membership that is ‘‘(v) the Department of Education; ‘‘(D) to enter into cooperative agreements broad and representative of the economic, so- ‘‘(vi) the Department of Energy; with, and to provide grants and other assistance cial, and political diversity of the State; and ‘‘(vii) the Department of Health and Human to, State rural development councils. ‘‘(B) carry out programs and activities in a Services; ‘‘(5) ROLE OF PRIVATE AND NONPROFIT SECTOR manner that reflects the diversity of the State. ‘‘(viii) the Department of Housing and Urban ORGANIZATIONS.—Private and nonprofit sector ‘‘(3) DUTIES.—A State rural development Development; organizations are encouraged— council shall— ‘‘(ix) the Department of the Interior; ‘‘(A) facilitate collaboration among Federal, ‘‘(x) the Department of Justice; ‘‘(A) to act as full partners in the Partnership State, local, and tribal governments and the pri- ‘‘(xi) the Department of Labor; and State rural development councils; and vate and nonprofit sectors in the planning and ‘‘(xii) the Department of Transportation; ‘‘(B) to cooperate with participating govern- ‘‘(xiii) the Department of the Treasury; ment organizations in developing innovative ap- implementation of programs and policies that ‘‘(xiv) the Department of Veterans Affairs; proaches to the solution of rural development target or have an impact on rural areas of the ‘‘(xv) the Environmental Protection Agency; problems. State; ‘‘(xvi) the Federal Emergency Management ‘‘(c) NATIONAL RURAL DEVELOPMENT COORDI- ‘‘(B) enhance the effectiveness, responsive- Administration; NATING COMMITTEE.— ness, and delivery of Federal and State pro- ‘‘(xvii) the Small Business Administration; ‘‘(1) ESTABLISHMENT.—The Secretary shall es- grams in rural areas of the State; ‘‘(xviii) the Social Security Administration; tablish a National Rural Development Coordi- ‘‘(C) gather and provide to the Coordinating ‘‘(xix) the Federal Reserve System; nating Committee. Committee and other appropriate organizations ‘‘(xx) the United States Postal Service; ‘‘(2) COMPOSITION.—The Coordinating Com- information on the condition of rural areas in ‘‘(xxi) the Corporation for National Service; mittee shall be composed of— the State; ‘‘(xxii) the National Endowment for the Arts ‘‘(A) 1 representative of each agency with ‘‘(D) monitor and report on policies and pro- and the National Endowment for the Human- rural responsibilities that elects to participate in grams that address, or fail to address, the needs ities; and the Coordinating Committee; and of the rural areas of the State; ‘‘(xxiii) other agencies, commissions, and cor- ‘‘(B) representatives, approved by the Sec- ‘‘(E) provide comments to the Coordinating porations. retary, of— Committee and other appropriate organizations ‘‘(2) COORDINATING COMMITTEE.—The term ‘‘(i) national associations of State, regional, on policies, regulations, and proposed legisla- ‘Coordinating Committee’ means the National local, and tribal governments and intergovern- tion that affect or would affect the rural areas Rural Development Coordinating Committee es- mental and multijurisdictional agencies and or- of the State; tablished by subsection (c). ganizations; ‘‘(F) notwithstanding any other provision of ‘‘(3) PARTNERSHIP.—The term ‘Partnership’ ‘‘(ii) national public interest groups; law, in conjunction with the Coordinating Com- means the National Rural Development Partner- ‘‘(iii) other national nonprofit organizations mittee, facilitate the development of strategies to ship continued by subsection (b). that elect to participate in the activities of the reduce or eliminate conflicting or duplicative ‘‘(4) STATE RURAL DEVELOPMENT COUNCIL.— Coordinating Committee; and administrative or regulatory requirements of The term ‘State rural development council’ ‘‘(iv) the private sector. Federal, State, local, and tribal governments; means a State rural development council that ‘‘(3) DUTIES.—The Coordinating Committee ‘‘(G) use grant or cooperative agreement funds meets the requirements of subsection (d). shall— provided by the Partnership under an agree- ‘‘(b) PARTNERSHIP.— ‘‘(A) provide support for the work of the State ment entered into under paragraph (1) to— ‘‘(1) IN GENERAL.—The Secretary shall con- rural development councils; ‘‘(i) retain an Executive Director and such tinue the National Rural Development Partner- ‘‘(B) facilitate coordination among Federal support staff as are necessary to facilitate and ship composed of— programs and activities, and with State, local, implement the directives of the State rural devel- ‘‘(A) the Coordinating Committee; and tribal, and private programs and activities, af- opment council; and ‘‘(B) State rural development councils. fecting rural development; ‘‘(ii) pay expenses associated with carrying ‘‘(2) PURPOSES.—The purposes of the Partner- ‘‘(C) enhance the effectiveness, responsive- out subparagraphs (A) through (F); and ship are— ness, and delivery of Federal programs in rural ‘‘(H)(i) provide to the Coordinating Committee ‘‘(A) to empower and build the capacity of areas; an annual plan with goals and performance States and rural communities within States to ‘‘(D) gather and provide to Federal authori- measures; and design unique responses to their own special ties information and input for the development ‘‘(ii) submit to the Coordinating Committee an rural development needs, with local determina- and implementation of Federal programs im- annual report on the progress of the State rural tions of progress and selection of projects and pacting rural economic and community develop- development council in meeting the goals and activities; ment; measures. ‘‘(B) to encourage participants to be flexible ‘‘(E) notwithstanding any other provision of ‘‘(4) AUTHORITIES.—A State rural development and innovative in establishing new partnerships law, review and comment on policies, regula- council may—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00097 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.014 pfrm01 PsN: S25PT1 S1076 CONGRESSIONAL RECORD — SENATE February 25, 2002 ‘‘(A) solicit funds to supplement and match other agencies, in order to carry out the pur- the regular operations and maintenance activi- funds provided under paragraph (3)(G); and poses described in subsection (b)(2), the Partner- ties of existing water and wastewater systems. ‘‘(B) engage in activities, in addition to those ship shall be eligible to receive grants, gifts, con- ‘‘(ii) ELIGIBLE ENTITIES.—To be eligible to ob- specified in paragraph (3), appropriate to ac- tributions, or technical assistance from, or enter tain financing from a revolving fund under complish the purposes for which the State rural into contracts with, any Federal agency. clause (i), an eligible entity shall be eligible to development council is established. ‘‘(B) ASSISTANCE.—Federal agencies are en- obtain a loan, loan guarantee, or grant under ‘‘(5) COMMENTS OR RECOMMENDATIONS.—A couraged to use funds made available for pro- paragraph (1) or this paragraph. State rural development council may provide grams that target or have an impact on rural ‘‘(iii) MAXIMUM AMOUNT OF FINANCING.—The comments and recommendations to an agency areas to provide assistance to, and enter into amount of financing made to an eligible entity with rural responsibilities related to the activi- contracts with, the Partnership, as described in under this subparagraph shall not exceed— ties of the State rural development council with- subparagraph (A). ‘‘(I) $100,000 for costs described in clause in the State. ‘‘(3) CONTRIBUTIONS.—The Partnership may (i)(I); and ‘‘(6) ACTIONS OF STATE RURAL DEVELOPMENT accept private contributions. ‘‘(II) $100,000 for costs described in clause COUNCIL MEMBERS.—When carrying out a pro- ‘‘(4) FEDERAL FINANCIAL SUPPORT FOR STATE (i)(II). gram or activity authorized by a State rural de- RURAL DEVELOPMENT COUNCILS.—Notwith- ‘‘(iv) TERM.—The term of financing provided velopment council or this subtitle, a member of standing any other provision of law, a Federal to an eligible entity under this subparagraph the council shall be regarded as a full-time em- agency may use funds made available under shall not exceed 10 years. ployee of the Federal Government for purposes paragraph (1) or (2) to enter into a cooperative ‘‘(v) ADMINISTRATION.—The Secretary shall of chapter 171 of title 28, United States Code, agreement, contract, or other agreement with a limit the amount of grant funds that may be and the Federal Advisory Committee Act (5 State rural development council to support the used by a grant recipient for administrative U.S.C. App.). core operations of the State rural development costs incurred under this subparagraph. ‘‘(7) FEDERAL PARTICIPATION IN STATE RURAL council, regardless of the legal form of organiza- ‘‘(vi) ANNUAL REPORT.—A nonprofit entity re- DEVELOPMENT COUNCILS.— tion of the State rural development council. ceiving a grant under this subparagraph shall ‘‘(A) IN GENERAL.—The State Director for ‘‘(g) MATCHING REQUIREMENTS FOR STATE submit an annual report to the Secretary that Rural Development of a State, other employees RURAL DEVELOPMENT COUNCILS.— describes the number and size of communities of the Department of Agriculture, and employ- ‘‘(1) IN GENERAL.—Except as provided in para- served and the type of financing provided. ees of other Federal agencies that elect to par- graph (2), a State rural development council ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— ticipate in the Partnership shall fully partici- shall provide matching funds, or in-kind goods There is authorized to be appropriated to carry pate in the governance and operations of State or services, to support the activities of the State out this subparagraph $30,000,000 for each of rural development councils on an equal basis rural development council in an amount that is fiscal years 2002 through 2006.’’. with other members of the State rural develop- not less than 33 percent of the amount of Fed- SEC. 622. RURAL BUSINESS OPPORTUNITY ment councils. eral funds received under an agreement under GRANTS. ‘‘(B) CONFLICTS.—A Federal employee who subsection (d)(1). Section 306(a)(11)(D) of the Consolidated participates in a State rural development coun- ‘‘(2) EXCEPTIONS TO MATCHING REQUIREMENT Farm and Rural Development Act (7 U.S.C. cil shall not participate in the making of any FOR CERTAIN FEDERAL FUNDS.—Paragraph (1) 1926(a)(11)(D)) is amended— council decision if the agency represented by the shall not apply to funds, grants, funds provided (1) by striking ‘‘$7,500,000’’ and inserting Federal employee has any financial or other in- under contracts or cooperative agreements, gifts, ‘‘$15,000,000’’; and terest in the outcome of the decision. contributions, or technical assistance received (2) by striking ‘‘2002’’ and inserting ‘‘2006’’. ‘‘(C) FEDERAL GUIDANCE.—The Office of Gov- by a State rural development council from a SEC. 623. RURAL WATER AND WASTEWATER CIR- ernment Ethics, in consultation with the Attor- Federal agency that are used— CUIT RIDER PROGRAM. ney General, shall issue guidance to all Federal ‘‘(A) to support 1 or more specific program or Section 306(a) of the Consolidated Farm and employees that participate in State rural devel- project activities; or Rural Development Act (7 U.S.C. 1926(a)) is opment councils that describes specific decisions ‘‘(B) to reimburse the State rural development amended by added at the end the following: that— council for services provided to the Federal ‘‘(22) RURAL WATER AND WASTEWATER CIRCUIT ‘‘(i) would constitute a conflict of interest for agency providing the funds, grants, funds pro- RIDER PROGRAM.— the Federal employee; and vided under contracts or cooperative agree- ‘‘(A) IN GENERAL.—The Secretary shall estab- ‘‘(ii) from which the Federal employee must ments, gifts, contributions, or technical assist- lish a national rural water and wastewater cir- recuse himself or herself. ance. cuit rider program that is based on the rural water circuit rider program of the National ‘‘(e) ADMINISTRATIVE SUPPORT OF THE PART- ‘‘(h) TERMINATION.—The authority provided NERSHIP.— under this section shall terminate on the date Rural Water Association that (as of the date of ‘‘(1) DETAIL OF EMPLOYEES.— that is 5 years after the date of enactment of enactment of this paragraph) receives funding ‘‘(A) IN GENERAL.—In order to provide experi- this section.’’. from the Secretary, acting through the Rural ence in intergovernmental collaboration, the Utilities Service. head of an agency with rural responsibilities Subtitle C—Consolidated Farm and Rural ‘‘(B) RELATIONSHIP TO EXISTING PROGRAM.— that elects to participate in the Partnership Development Act The program established under subparagraph may, and is encouraged to, detail an employee SEC. 621. WATER OR WASTE DISPOSAL GRANTS. (A) shall not affect the authority of the Sec- of the agency with rural responsibilities to the Section 306(a)(2) of the Consolidated Farm retary to carry out the circuit rider program for Partnership without reimbursement for a period and Rural Development Act (7 U.S.C. 1926(a)(2)) which funds are made available under the head- of up to 12 months. is amended— ing ‘‘RURAL COMMUNITY ADVANCEMENT PRO- ‘‘(B) CIVIL SERVICE STATUS.—The detail shall (1) by striking ‘‘(2) The’’ and inserting the fol- GRAM’’ of title III of the Agriculture, Rural De- be without interruption or loss of civil service lowing: velopment, Food and Drug Administration, and status or privilege. ‘‘(2) WATER, WASTE DISPOSAL, AND WASTE- Related Agencies Appropriations Act, 2002. ‘‘(2) ADDITIONAL SUPPORT.—The Secretary WATER FACILITY GRANTS.— ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— shall provide for any additional support staff to ‘‘(A) AUTHORITY.— There is authorized to be appropriated to carry the Partnership as the Secretary determines to ‘‘(i) IN GENERAL.—The’’; out this paragraph $15,000,000 for each of fiscal be necessary to carry out the duties of the Part- (2) by striking ‘‘$590,000,000’’ and inserting years 2003 through 2006.’’. nership. ‘‘$1,500,000,000’’; SEC. 624. MULTIJURISDICTIONAL REGIONAL ‘‘(f) FUNDING.— (3) by striking ‘‘The amount’’ and inserting PLANNING ORGANIZATIONS. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— the following: Section 306(a) of the Consolidated Farm and ‘‘(A) IN GENERAL.—There are authorized to be ‘‘(ii) AMOUNT.—The amount’’; Rural Development Act (7 U.S.C. 1926(a)) (as appropriated such sums as are necessary to (4) by striking ‘‘paragraph’’ and inserting amended by section 623) is amended by added at carry out this section. ‘‘subparagraph’’; the end the following: ‘‘(B) AMOUNT OF FINANCIAL ASSISTANCE.—In (5) by striking ‘‘The Secretary shall’’ and in- ‘‘(23) MULTIJURISDICTIONAL REGIONAL PLAN- providing financial assistance to State rural de- serting the following: NING ORGANIZATIONS.— velopment councils, the Secretary and heads of ‘‘(iii) GRANT RATE.—The Secretary shall’’; and ‘‘(A) GRANTS.—The Secretary shall provide other Federal agencies shall provide assistance (6) by adding at the end the following: grants to multijurisdictional regional planning that, to the maximum extent practicable, is— ‘‘(B) REVOLVING FUNDS FOR FINANCING WATER and development organizations to pay the Fed- ‘‘(i) uniform in amount; and AND WASTEWATER PROJECTS.— eral share of the cost of providing assistance to ‘‘(ii) targeted to newly created State rural de- ‘‘(i) IN GENERAL.—The Secretary may make local governments to improve the infrastructure, velopment councils. grants to qualified private, nonprofit entities to services, and business development capabilities ‘‘(C) FEDERAL SHARE.—The Secretary shall de- capitalize revolving funds for the purpose of of local governments and local economic devel- velop a plan to decrease, over time, the Federal providing financing to eligible entities for— opment organizations. share of the cost of the core operations of State ‘‘(I) predevelopment costs associated with pro- ‘‘(B) PRIORITY.—In determining which orga- rural development councils. posed water and wastewater projects or with ex- nizations will receive a grant under this para- ‘‘(2) FEDERAL AGENCIES.— isting water and wastewater systems; and graph, the Secretary shall provide a priority to ‘‘(A) IN GENERAL.—Notwithstanding any other ‘‘(II) short-term costs incurred for replacement an organization that— provision of law limiting the ability of an agen- equipment, small-scale extension services, or ‘‘(i) serves a rural area that, during the most cy to provide funds to the Partnership with other small capital projects that are not part of recent 5-year period—

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‘‘(I) had a net out-migration of inhabitants, ‘‘(ii) the ability to generate capital to provide ‘‘(27) TRIBAL COLLEGE AND UNIVERSITY ESSEN- or other population loss, from the rural area borrowers of the loan with the additional credit TIAL COMMUNITY FACILITIES.— that equals or exceeds 5 percent of the popu- necessary to properly service the loan.’’. ‘‘(A) IN GENERAL.—The Secretary may make lation of the rural area; or (b) LOAN GUARANTEES FOR CERTAIN LOANS.— grants to tribal colleges and universities (as de- ‘‘(II) had a median household income that is Section 310B of the Consolidated Farm and fined in section 316 of the Higher Education Act less than the nonmetropolitan median house- Rural Development Act (7 U.S.C. 1932) is amend- of 1965 (20 U.S.C. 1059c)) to provide the Federal hold income of the applicable State; and ed by adding at the end the following: share of the cost of developing specific tribal ‘‘(ii) has a history of providing substantive as- ‘‘(h) LOAN GUARANTEE FOR CERTAIN LOANS.— college or university essential community facili- sistance to local governments and economic de- The Secretary may guarantee loans made in ties in rural areas. velopment organizations. subsection (a) to finance the issuance of bonds ‘‘(B) FEDERAL SHARE.— ‘‘(C) FEDERAL SHARE.—A grant provided for the projects described in section 306(a)(25).’’. ‘‘(i) IN GENERAL.—Except as provided in under this paragraph shall be for not more than SEC. 627. RURAL FIREFIGHTERS AND EMERGENCY clauses (ii) and (iii), the Secretary shall, by reg- 75 percent of the cost of providing assistance de- PERSONNEL GRANT PROGRAM. ulation, establish the maximum percentage of scribed in subparagraph (A). Section 306(a) of the Consolidated Farm and the cost of the facility that may be covered by ‘‘(D) MAXIMUM AMOUNT OF GRANTS.—The Rural Development Act (7 U.S.C. 1926(a)) (as a grant under this paragraph. amount of a grant provided to an organization amended by section 626(a)) is amended by add- ‘‘(ii) MAXIMUM AMOUNT.—The amount of a under this paragraph shall not exceed $100,000. ing at the end the following: grant provided under this paragraph for a facil- ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(26) RURAL FIREFIGHTERS AND EMERGENCY ity shall not exceed 75 percent of the cost of de- There is authorized to be appropriated to carry MEDICAL PERSONNEL GRANT PROGRAM.— veloping the facility. out this paragraph $30,000,000 for each of fiscal ‘‘(A) IN GENERAL.—The Secretary may make ‘‘(iii) GRADUATED SCALE.—The Secretary shall years 2003 through 2006.’’. grants to units of general local government and provide for a graduated scale of the percentages SEC. 625. CERTIFIED NONPROFIT ORGANIZA- Indian tribes (as defined in section 4 of the In- of the cost covered by a grant made under this TIONS SHARING EXPERTISE. dian Self-Determination and Education Assist- paragraph, with higher percentages for facilities Section 306(a) of the Consolidated Farm and ance Act (25 U.S.C. 450b)) to pay the cost of in communities that have lower community pop- Rural Development Act (7 U.S.C. 1926(a)) (as training firefighters and emergency medical per- ulation and income levels, as determined by the amended by section 624) is amended by added at sonnel in firefighting, emergency medical prac- Secretary. the end the following: tices, and responding to hazardous materials ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(24) CERTIFIED NONPROFIT ORGANIZATIONS and bioagents in rural areas. There is authorized to be appropriated to carry SHARING EXPERTISE.— ‘‘(B) USE OF FUNDS.— out this paragraph $10,000,000 for each of fiscal ‘‘(A) CERTIFIED ORGANIZATIONS.— ‘‘(i) SCHOLARSHIPS.— years 2003 through 2006.’’. ‘‘(i) IN GENERAL.—To be certified by the Sec- ‘‘(I) IN GENERAL.—Not less than 60 percent of SEC. 629. EMERGENCY COMMUNITY WATER AS- retary to provide technical assistance in 1 or the amounts made available for competitively SISTANCE GRANT PROGRAM. more rural development fields, an organization awarded grants under this paragraph shall be Section 306A(i) of the Consolidated Farm and shall— used to provide grants to fund partial scholar- Rural Development Act (7 U.S.C. 1926a(i)) is ‘‘(I) be a nonprofit organization (which may ships for training of individuals at training cen- amended by striking ‘‘2002’’ and inserting include an institution of higher education) with ters approved by the Secretary. ‘‘2006’’. experience in providing technical assistance in ‘‘(II) PRIORITY.—In awarding grants under SEC. 630. WATER AND WASTE FACILITY GRANTS the applicable rural development field; this clause, the Secretary shall give priority to FOR NATIVE AMERICAN TRIBES. ‘‘(II) develop a plan, approved by the Sec- grant applicants with relatively low transpor- Section 306C of the Consolidated Farm and retary, describing the manner in which grant tation costs considering the location of the grant Rural Development Act (7 U.S.C. 1926c(e)) is funds will be used and the source of non-Fed- applicant and the proposed location of the amended by striking subsection (e) and inserting eral funds; and training. the following: ‘‘(III) meet such other criteria as the Sec- ‘‘(ii) GRANTS FOR TRAINING CENTERS.— ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— retary may establish, based on the needs of eli- ‘‘(I) EXISTING CENTERS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), gible entities for the technical assistance. ‘‘(aa) IN GENERAL.—A grant under subpara- there is authorized to be appropriated— ‘‘(iii) LIST.—The Secretary shall make avail- graph (A) may be used to provide financial as- ‘‘(A) for grants under this section, $30,000,000 able to the public a list of certified organizations sistance to State and regional centers that pro- for each fiscal year; in each area that the Secretary determines have vide training for firefighters and emergency ‘‘(B) for loans under this section, $30,000,000 substantial experience in providing the assist- medical personnel for improvements to the train- for each fiscal year; and ance described in subparagraph (B). ing facility, equipment, curricula, and per- ‘‘(C) for grants under this section to benefit ‘‘(B) GRANTS.—The Secretary may provide sonnel. Indian tribes (as defined in section 4 of the In- grants to certified organizations to pay for costs ‘‘(bb) LIMITATION.—Not more than $2,000,000 dian Self-Determination and Education Assist- of providing technical assistance to local gov- shall be provided to any single training center ance Act (25 U.S.C. 450b)), $20,000,000 for each ernments and nonprofit entities to improve the for any fiscal year under this subclause. fiscal year. infrastructure, services, and business develop- ‘‘(II) ESTABLISHMENT OF NEW CENTERS.— ‘‘(2) EXCEPTION.—An entity eligible to receive ment capabilities of local governments and local ‘‘(aa) IN GENERAL.—A grant under subpara- funding through a grant made under section economic development organizations. graph (A) may be used to provide the Federal 306D shall not be eligible for a grant from funds ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— share of the costs of establishing a regional made available under subparagraph (1)(C).’’. There is authorized to be appropriated to carry training center for firefighters and emergency SEC. 631. WATER SYSTEMS FOR RURAL AND NA- out this paragraph $20,000,000 for each of fiscal medical personnel. TIVE VILLAGES IN ALASKA. years 2003 through 2006.’’. ‘‘(bb) FEDERAL SHARE.—The amount of a Section 306D(d)(1) of the Consolidated Farm SEC. 626. LOAN GUARANTEES FOR CERTAIN grant under this subclause for a training center and Rural Development Act (7 U.S.C. RURAL DEVELOPMENT LOANS. shall not exceed 50 percent of the cost of estab- 1926d(d)(1)) is amended by striking ‘‘and 2002’’ (a) LOAN GUARANTEES FOR WATER, WASTE- lishing the training center. and inserting ‘‘through 2006’’. WATER, AND ESSENTIAL COMMUNITY FACILITIES ‘‘(C) FUNDING.— SEC. 632. RURAL BUSINESS ENTERPRISE GRANTS. LOANS.—Section 306(a) of the Consolidated ‘‘(i) IN GENERAL.—Out of any funds in the Section 310B(c)(1) of the Consolidated Farm Farm and Rural Development Act (7 U.S.C. Treasury not otherwise appropriated, the Sec- and Rural Development Act (7 U.S.C. 1932(c)(1)) 1925(a)) (as amended by section 625) is amended retary of the Treasury shall transfer to the Sec- is amended— by adding at the end the following: retary of Agriculture to carry out this (1) by striking ‘‘The Secretary’’ and inserting ‘‘(25) LOAN GUARANTEES FOR WATER, WASTE- paragraph— the following: WATER, AND ESSENTIAL COMMUNITY FACILITIES ‘‘(I) not later than 30 days after the date of ‘‘(A) GRANTS.—The Secretary’’; and LOANS.— enactment of this Act, $10,000,000; and (2) by adding at the end the following: ‘‘(A) IN GENERAL.—The Secretary may guar- ‘‘(II) on October 1, 2002, and each October 1 ‘‘(B) SMALL AND EMERGING PRIVATE BUSINESS antee under this title a loan made to finance a thereafter through October 1, 2005, $30,000,000. ENTERPRISES.— community facility or water or waste facility ‘‘(ii) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(i) IN GENERAL.—For the purpose of subpara- project, including a loan financed by the net retary shall be entitled to receive, shall accept, graph (A), a small and emerging private busi- proceeds of a bond described in section and shall use to carry out this section the funds ness enterprise shall include (regardless of the 144(a)(12)(B)(ii) of the Internal Revenue Code of transferred under clause (i), without further ap- number of employees or operating capital of the 1986. propriation. enterprise) an eligible nonprofit entity, or other ‘‘(B) REQUIREMENTS.—To be eligible for a loan ‘‘(iii) AVAILABILITY OF FUNDS.—Funds trans- tax exempt organization, with a principal office guarantee under subparagraph (A), an indi- ferred under clause (i) shall remain available in an area that is located— vidual or entity offering to purchase the loan until expended.’’. ‘‘(I) on land of an existing or former Native must demonstrate to the Secretary that the per- SEC. 628. TRIBAL COLLEGE AND UNIVERSITY ES- American reservation; and son has— SENTIAL COMMUNITY FACILITIES. ‘‘(II) in a city, town, or unincorporated area ‘‘(i) the capabilities and resources necessary Section 306(a) of the Consolidated Farm and that has a population of no more than 5,000 in- to service the loan in a manner that ensures the Rural Development Act (7 U.S.C. 1926(a)) (as habitants. continued performance of the loan, as deter- amended by section 627) is amended by adding ‘‘(ii) USE OF GRANT.—An eligible nonprofit en- mined by the Secretary; and at the end the following: tity, or other tax exempt organization, described

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in clause (i) may use assistance provided under farmer or rancher to join a cooperative in order ‘‘(B) INTEREST.—The interest rate on such a this paragraph to create, expand, or operate to sell the agricultural commodities or products loan shall be— value-added processing in an area described in produced by the farmer or rancher. ‘‘(i) in the case of each of the first 2 years of clause (i) in connection with production agri- ‘‘(C) FINANCIAL INFORMATION.—Financial in- the loan period, 0 percent; and culture. formation required by the Secretary from a ‘‘(ii) in the case of each of the remaining ‘‘(iii) PRIORITY.—In making grants under this farmer or rancher as a condition of making a years of the loan period, 2 percent. paragraph, the Secretary shall give priority to loan guarantee under this paragraph shall be ‘‘(7) LIMITATIONS ON AMOUNT OF LOAN FUNDS grants that will be used to provide assistance to provided in the manner generally required by PROVIDED.— eligible nonprofit entities and other tax exempt commercial agricultural lenders in the area. ‘‘(A) IN GENERAL.—Except as provided in sub- organizations described in clause (i).’’. ‘‘(2) LOANS TO COOPERATIVES.— paragraph (B), an intermediary or ultimate re- SEC. 633. RURAL COOPERATIVE DEVELOPMENT ‘‘(A) IN GENERAL.—The Secretary may make cipient shall be eligible to receive not more than GRANTS. or guarantee a loan under subsection (a) to a $2,000,000 of the loan funds made available Section 310B(e) of the Consolidated Farm and cooperative that is headquartered in a metro- under paragraph (2). Rural Development Act (7 U.S.C. 1932(e)) is politan area if the loan is used for a project or ‘‘(B) STATE AGENCIES.—Subparagraph (A) amended— venture described in subsection (a) that is lo- shall not apply in the case of a State agency (1) in paragraph (5)(F), before the period at cated in a rural area. with respect to loan funds provided to the State the end the following: ‘‘, except that the Sec- ‘‘(B) REFINANCING.—A cooperative organiza- agency as an intermediary. retary shall not require non-Federal financial tion owned by farmers or ranchers that is eligi- ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— support in an amount that is greater than 5 per- ble for a business and industry loan under made There is authorized to be appropriated to carry cent in the case of a 1994 institution (as defined or guaranteed under subsection (a) shall be eli- out this subsection $15,000,000 for each of fiscal in section 532 of the Equity in Educational gible to refinance an existing loan with a lender years 2003 through 2006.’’. Land-Grant Status Act of 1994 (7 U.S.C. 301 if— SEC. 637. USE OF RURAL DEVELOPMENT LOANS note; Public Law 103–382))’’; and ‘‘(i) the cooperative organization— AND GRANTS FOR OTHER PURPOSES. (2) in paragraph (9), by striking ‘‘2002’’ and ‘‘(I) is current and performing with respect to Subtitle A of the Consolidated Farm and inserting ‘‘2006’’. the existing loan; and Rural Development Act (7 U.S.C. 1921 et seq.) SEC. 634. GRANTS TO BROADCASTING SYSTEMS. ‘‘(II) is not, and has not been, in payment de- (as amended by section 508) is amended by add- Section 310B(f) of the Consolidated Farm and fault, or the collateral has not been converted, ing at the end the following: Rural Development Act (7 U.S.C. 1932(f)) is with respect to the existing loan; and ‘‘(ii) there is adequate security or full collat- ‘‘SEC. 310G. USE OF RURAL DEVELOPMENT LOANS amended by adding at the end the following: AND GRANTS FOR OTHER PURPOSES. eral for the refinanced loan. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘If, after making a loan or a grant described ‘‘(3) BUSINESS AND INDUSTRY LOAN APPRAIS- There is authorized to be appropriated to carry in section 381E(d), the Secretary determines that ALS.—The Secretary may require that any ap- out this subsection $5,000,000 for each of fiscal the circumstances under which the loan or praisal made in connection with a business and years 2002 through 2006.’’. grant was made have sufficiently changed to industry loan made or guaranteed under sub- SEC. 635. BUSINESS AND INDUSTRY LOAN MODI- make the project or activity for which the loan section (a) be conducted by a specialized ap- FICATIONS. or grant was made available no longer appro- praiser that uses standards that are similar to Section 3l0B of the Consolidated Farm and priate, the Secretary may allow the loan bor- standards used for similar purposes in the pri- Rural Development Act (7 U.S.C. 1932) is amend- rower or grant recipient to use property (real vate sector, as determined by the Secretary. ed by striking subsection (g) and inserting the and personal) purchased or improved with the ‘‘(4) FEES.—The Secretary may assess a 1-time following: loan or grant funds, or proceeds from the sale of fee for any loan guaranteed under subsection ‘‘(g) BUSINESS AND INDUSTRY DIRECT AND property (real and personal) purchased with (a) in an amount that does not exceed 2 percent GUARANTEED LOANS.— such funds, for another project or activity that of the guaranteed principal portion of the ‘‘(1) LOAN GUARANTEES FOR THE PURCHASE OF (as determined by the Secretary)— loan.’’. COOPERATIVE STOCK.— ‘‘(1) will be carried out in the same area as the ‘‘(A) NEW AND EXPANDING COOPERATIVES.— SEC. 636. VALUE-ADDED INTERMEDIARY RE- original project or activity; ‘‘(i) IN GENERAL.—The Secretary may guar- LENDING PROGRAM. ‘‘(2) meets the criteria for a loan or a grant antee a loan under subsection (a) to farmers, Section 310B of the Consolidated Farm and described in section 381E(d); and ranchers, or cooperatives for the purpose of pur- Rural Development Act (7 U.S.C. 1932) (as ‘‘(3) satisfies such additional requirements as chasing start-up capital stock for the expansion amended by section 626(b)) is amended by add- are established by the Secretary.’’. or creation of a cooperative venture that will ing at the end the following: process agricultural commodities or otherwise ‘‘(i) VALUE-ADDED INTERMEDIARY RELENDING SEC. 638. SIMPLIFIED APPLICATION FORMS FOR LOAN GUARANTEES. process value-added agricultural products. PROGRAM.— ‘‘(ii) FINANCIAL CONDITION.—In determining ‘‘(1) IN GENERAL.—In accordance with this Section 333A of the Consolidated Farm and the appropriateness of a loan guarantee under subsection, the Secretary shall make loans Rural Development Act (7 U.S.C. 1983a) (as this subparagraph, the Secretary— under the terms and conditions of the inter- amended by section 526) is amended by striking ‘‘(I) shall fully review the feasibility and mediary relending program established under subsection (g) and inserting the following: other relevant aspects of the cooperative venture section 1323(b)(2)(C) of the Food Security Act of ‘‘(g) SIMPLIFIED APPLICATION FORMS FOR to be established; 1985 (7 U.S.C. 1932 note; Public Law 99–198). LOAN GUARANTEES.— ‘‘(II) may not require a review of the financial ‘‘(2) LOANS.—Using funds made available to ‘‘(1) IN GENERAL.—The Secretary shall provide condition or statements of any individual farmer carry out this subsection, the Secretary shall to lenders a short, simplified application form or rancher involved in the cooperative, other make loans to eligible intermediaries to make for guarantees under this title of— than the applicant for a guarantee under this loans to ultimate recipients, under the terms and ‘‘(A) farmer program loans the principal subparagraph; and conditions of the intermediary relending pro- amount of which is $100,000 or less; and ‘‘(III) shall base any guarantee, to the max- gram, for projects to establish, enlarge, and op- ‘‘(B) business and industry guaranteed loans imum extent practicable, on the merits of the co- erate enterprises that add value to agricultural under section 310B(a)(1) the principal amount of operative venture to be established. commodities and products of agricultural com- which is— ‘‘(iii) COLLATERAL.—As a condition of making modities. ‘‘(i) in the case of a loan guarantee made dur- a loan guarantee under this subparagraph, the ‘‘(3) ELIGIBLE INTERMEDIARIES.—Inter- ing fiscal year 2002 or 2003, $400,000 or less; and Secretary may not require additional collateral mediaries that are eligible to receive loans under ‘‘(ii) in the case of a loan guarantee made by a farmer or rancher, other than stock pur- paragraph (2) shall include State agencies. during any subsequent fiscal year— chased or issued pursuant to the loan and guar- ‘‘(4) PREFERENCE FOR BIOENERGY PROJECTS.— ‘‘(I) $400,000 or less; or antee of the loan. In making loans using loan funds made avail- ‘‘(II) if the Secretary determines that there is ‘‘(iv) ELIGIBILITY.—To be eligible for a loan able under paragraph (2), an eligible inter- not a significant increased risk of a default on guarantee under this subparagraph, a farmer or mediary shall give preference to bioenergy the loan, $600,000 or less. rancher must produce the agricultural com- projects in accordance with regulations promul- ‘‘(2) WATER AND WASTE DISPOSAL GRANTS AND modity that will be processed by the cooperative. gated by the Secretary. LOANS.—The Secretary shall develop an applica- ‘‘(v) PROCESSING CONTRACTS DURING INITIAL ‘‘(5) COMPOSITION OF CAPITAL.—The capital tion process that accelerates, to the maximum PERIOD.—The cooperative, for which a farmer or for a project carried out by an ultimate recipient extent practicable, the processing of applica- rancher receives a guarantee to purchase stock and assisted with loan funds made available tions for water and waste disposal grants or di- under this subparagraph, may contract for serv- under paragraph (2) shall be comprised of— rect or guaranteed loans under paragraph (1) or ices to process agricultural commodities, or oth- ‘‘(A) not more than 15 percent of the total cost (2) of section 306(a) the grant award amount or erwise process value-added agricultural prod- of a project; and principal loan amount, respectively, of which is ucts, during the 5-year period beginning on the ‘‘(B) not less than 50 percent of the equity $300,000 or less. date of the startup of the cooperative in order to funds provided by agricultural producers. ‘‘(3) ADMINISTRATION.—In developing an ap- provide adequate time for the planning and con- ‘‘(6) LOAN CONDITIONS.— plication under this subsection, the Secretary struction of the processing facility of the cooper- ‘‘(A) TERMS OF LOANS.—A loan made to an shall— ative. intermediary using loan funds made available ‘‘(A) consult with commercial and cooperative ‘‘(B) EXISTING COOPERATIVES.—The Secretary under paragraph (2) shall have a term of not to lenders; and may guarantee a loan under subsection (a) to a exceed 30 years. ‘‘(B) ensure that—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.015 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1079 ‘‘(i) the form can be completed manually or 612) is amended by adding at the end the fol- government or Indian tribe, to provide assist- electronically, at the option of the lender; lowing: ance described in subsection (c); ‘‘(ii) the form minimizes the documentation re- ‘‘SEC. 378. RURAL ENTREPRENEURS AND MICRO- ‘‘(D) an Indian tribe, the tribal government of quired to accompany the form; ENTERPRISE ASSISTANCE PROGRAM. which certifies to the Secretary that no micro- ‘‘(iii) the cost of completing and processing ‘‘(a) DEFINITIONS.—In this section: enterprise development organization or micro- the form is minimal; and ‘‘(1) ECONOMICALLY DISADVANTAGED MICRO- enterprise development program exists under the ‘‘(iv) the form can be completed and processed ENTREPRENEUR.—The term ‘economically dis- jurisdiction of the Indian tribe; or in an expeditious manner.’’. advantaged microentrepreneur’ means an ‘‘(E) a group of 2 or more organizations or In- SEC. 639. DEFINITION OF RURAL AND RURAL owner, majority owner, or developer of a micro- dian tribes described in subparagraph (A), (B), AREA. enterprise that has the ability to compete in the (C), or (D) that agree to act jointly as a quali- (a) IN GENERAL.—Section 343(a) of the Con- private sector but has been impaired due to di- fied organization under this section. solidated Farm and Rural Development Act (7 minished capital and credit opportunities, as ‘‘(12) RURAL CAPACITY BUILDING SERVICE.— U.S.C. 1991(a)) is amended by adding at the end compared to other microentrepreneurs in the in- The term ‘rural capacity building service’ means the following: dustry. a service provided to an organization that— ‘‘(13) RURAL AND RURAL AREA.— ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(A) is, or is in the process of becoming, a ‘‘(A) IN GENERAL.—Except as otherwise pro- has the meaning given the term in section 4 of microenterprise development organization or vided in this paragraph, the terms ‘rural’ and the Indian Self-Determination and Education microenterprise development program; and ‘‘(B) serves rural areas for the purpose of en- ‘rural area’ mean a city, town, or unincor- Assistance Act (25 U.S.C. 450b). hancing the ability of the organization to pro- porated area that has a population of 50,000 in- ‘‘(3) INTERMEDIARY.—The term ‘intermediary’ vide training, technical assistance, and other re- habitants or less, other than an urbanized area means a private, nonprofit entity that provides lated services to rural entrepreneurs. immediately adjacent to a city, town, or unin- assistance— ‘‘(A) to a microenterprise development organi- ‘‘(13) RURAL ENTREPRENEUR.—The term ‘rural corporated area that has a population in excess zation; or entrepreneur’ means a microentrepreneur, or of 50,000 inhabitants. ‘‘(B) for a microenterprise development pro- prospective microentrepreneur— ‘‘(B) WATER AND WASTE DISPOSAL GRANTS AND gram. ‘‘(A) the principal place of business of which DIRECT AND GUARANTEED LOANS.—For the pur- ‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low- is in a rural area; and pose of water and waste disposal grants and di- income individual’ means an individual with an ‘‘(B) that is unable to obtain sufficient train- rect and guaranteed loans provided under para- income (adjusted for family size) of not more ing, technical assistance, or microcredit else- graphs (1) and (2) of section 306(a), the terms than the greater of— where, as determined by the Secretary. ‘rural’ and ‘rural area’ mean a city, town, or ‘‘(A) 80 percent of median income of an area; ‘‘(14) SECRETARY.—The term ‘Secretary’ means unincorporated area that has a population of or the Secretary of Agriculture, acting through the no more than 10,000 inhabitants. ‘‘(B) 80 percent of the statewide nonmetropoli- Rural Business-Cooperative Service. ‘‘(C) COMMUNITY FACILITY LOANS AND tan area median income. ‘‘(15) TRAINING AND TECHNICAL ASSISTANCE.— GRANTS.—For the purpose of community facility ‘‘(5) MICROCREDIT.—The term ‘microcredit’ ‘‘(A) IN GENERAL.—The term ‘training and direct and guaranteed loans and grants under means a business loan or loan guarantee of not technical assistance’ means assistance provided paragraphs (1), (19), (20), and (21) of section more than $35,000 provided to a rural entre- to rural entrepreneurs to develop the skills the 306(a), the terms ‘rural’ and ‘rural area’ mean a preneur. rural entrepreneurs need to plan, market, and city, town, or unincorporated area that has a ‘‘(6) MICROENTERPISE.—The term ‘microenter- manage their own business. population of no more than 50,000 inhabitants. prise’ means a sole proprietorship, joint enter- ‘‘(B) INCLUSIONS.—The term ‘training and ‘‘(D) BUSINESS AND INDUSTRY DIRECT AND prise, limited liability company, partnership, technical assistance’ includes assistance pro- GUARANTEED LOANS.—For the purpose of busi- corporation, or cooperative that— vided for the purpose of— ness and industry direct and guaranteed loans ‘‘(A) has 5 or fewer employees; and ‘‘(i) enhancing business planning, marketing, under section 310B(a)(1), the terms ‘rural’ and ‘‘(B) is unable to obtain sufficient credit, eq- management, or financial management skills; ‘rural area’ mean any area other than a city or uity, or banking services elsewhere, as deter- and town that has a population of greater than mined by the Secretary. ‘‘(ii) obtaining microcredit. 50,000 inhabitants and the immediately adjacent ‘‘(7) MICROENTERPRISE DEVELOPMENT ORGANI- ‘‘(16) TRIBAL GOVERNMENT.—The term ‘tribal urbanized area of such city or town. ZATION.— government’ means the governing body of an In- ‘‘(E) MULTIJURISDICTIONAL REGIONAL PLAN- ‘‘(A) IN GENERAL.—The term ‘microenterprise dian tribe. NING ORGANIZATIONS; NATIONAL RURAL DEVELOP- development organization’ means a nonprofit ‘‘(b) ESTABLISHMENT.— MENT PARTNERSHIP.—In sections 306(a)(23) and entity that provides training and technical as- ‘‘(1) IN GENERAL.—From amounts made avail- 377, the term ‘rural area’ means— sistance to rural entrepreneurs and access to able under subsection (h), the Secretary shall ‘‘(i) all the territory of a State that is not capital or another service described in sub- establish a rural entrepreneur and microenter- within the boundary of any standard metropoli- section (c) to rural entrepreneurs. prise program. tan statistical area; and ‘‘(B) INCLUSIONS.—The term ‘microenterprise ‘‘(2) PURPOSE.—The purpose of the program ‘‘(ii) all territory within any standard metro- development organization’ includes an organi- shall be to provide low- and moderate-income politan statistical area within a census tract zation described in subparagraph (A) with a individuals with— having a population density of less than 20 per- demonstrated record of delivering services to ‘‘(A) the skills necessary to establish new sons per square mile, as determined by the Sec- economically disadvantaged microentrepreneurs. small businesses in rural areas; and retary according to the most recent census of the ‘‘(8) MICROENTERPRISE DEVELOPMENT PRO- ‘‘(B) continuing technical assistance as the United States as of any date. GRAM.—The term ‘microenterprise development individuals begin operating the small businesses. ‘‘(c) ASSISTANCE.— ‘‘(F) RURAL ENTREPRENEURS AND MICROENTER- organization’ means a program administered by ‘‘(1) IN GENERAL.—The Secretary may make a PRISE ASSISTANCE PROGRAM; NATIONAL RURAL a organization serving a rural area. ‘‘(9) MICROENTREPRENEUR.—The term ‘micro- grant under this section to a qualified organiza- COOPERATIVE AND BUSINESS EQUITY FUND; RURAL entrepreneur’ means the owner, operator, or de- tion to— BUSINESS INVESTMENT PROGRAM.—In section 378 ‘‘(A) provide training, technical assistance, or and subtitles G and H, the term ‘rural area’ veloper of a microenterprise. ‘‘(10) PROGRAM.—The term ‘program’ means microcredit to a rural entrepreneur; means an area that is located— the rural entrepreneur and microenterprise pro- ‘‘(B) provide training, operational support, or ‘‘(i) outside a standard metropolitan statis- gram established under subsection (b)(1). a rural capacity building service to a qualified tical area; or ‘‘(11) QUALIFIED ORGANIZATION.—The term organization to assist the qualified organization ‘‘(ii) within a community that has a popu- ‘qualified organization’ means— in developing microenterprise training, technical lation of 50,000 inhabitants or less.’’. ‘‘(A) a microenterprise development organiza- assistance, and other related services; (b) CONFORMING AMENDMENTS.— tion or microenterprise development program ‘‘(C) assist in researching and developing the (1) Section 306(a) of the Consolidated Farm that has a demonstrated record of delivering best practices in delivering training, technical and Rural Development Act (7 U.S.C. 1926(a)) is microenterprise services to rural entrepreneurs, assistance, and microcredit to rural entre- amended by striking paragraph (7). as demonstrated by the development of an effec- preneurs; and (2) Section 381A of the Consolidated Farm and tive plan of action and the possession of nec- ‘‘(D) to carry out such other projects and ac- Rural Development Act (7 U.S.C. 2009) is essary resources to deliver microenterprise serv- tivities as the Secretary determines are con- amended— ices to rural entrepreneurs effectively, as deter- sistent with the purposes of this section. (A) by striking paragraph (1); and mined by the Secretary; ‘‘(2) ALLOCATION.— (B) by redesignating paragraphs (2) and (3) as ‘‘(B) an intermediary that has a demonstrated ‘‘(A) IN GENERAL.—Subject to subparagraphs paragraphs (1) and (2), respectively. record of delivery assistance to microenterprise (B) and (C), of the amount of funds made avail- (3) Section 735 of the Agriculture, Rural De- development organizations or microenterprise able for a fiscal year to make grants under this velopment, Food and Drug Administration, and development programs; section, the Secretary shall ensure that— Related Agencies Appropriations Act, 1999 (112 ‘‘(C) a microenterprise development organiza- ‘‘(i) not less than 75 percent of funds are used Stat. 2681–29) is repealed. tion or microenterprise development program to carry out activities described in paragraph SEC. 640. RURAL ENTREPRENEURS AND MICRO- that— (1)(A); and ENTERPRISE ASSISTANCE PROGRAM. ‘‘(i) serves rural entrepreneurs; and ‘‘(ii) not more than 25 percent of the funds are Subtitle D of the Consolidated Farm and ‘‘(ii) enters into an agreement with a local used to carry out activities described in sub- Rural Development Act (as amended by section community, in conjunction with a State or local paragraphs (B) through (D) of paragraph (1).

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00101 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.015 pfrm01 PsN: S25PT1 S1080 CONGRESSIONAL RECORD — SENATE February 25, 2002

‘‘(B) LIMITATION ON GRANT AMOUNT.—No sin- ‘‘(c) DUTIES.—The Committee shall— tion and Education Assistance Act (25 U.S.C. gle qualified organization may receive more ‘‘(1) study health care, transportation, tech- 450b)), or any other organization that meets the than 10 percent of the total funds that are made nology, housing, accessibility, and other areas requirements of this section and such other re- available for a fiscal year to carry out this sec- of need of rural seniors; quirements as are established by the Secretary. tion. ‘‘(2) identify successful examples of senior ‘‘(2) INSTITUTE.—The term ‘institute’ means a ‘‘(C) ADMINISTRATIVE EXPENSES.—Not more care programs in rural communities that could regional rural telework institute established than 15 percent of assistance received by a serve as models for other rural communities; and using a grant under subsection (b). qualified organization for a fiscal year under ‘‘(3) not later than 1 year after the date of en- ‘‘(3) TELEWORK.—The term ‘telework’ means this section may be used for administrative ex- actment of this section, submit to the Secretary, the use of telecommunications to perform work penses. the Committee on Agriculture of the House of functions at a rural work center located outside ‘‘(d) SUBGRANTS.—Subject to such regulations Representatives, and the Committee on Agri- the place of business of an employer. as the Secretary may promulgate, a qualified or- culture, Nutrition, and Forestry of the Senate ‘‘(b) RURAL TELEWORK INSTITUTE.— ganization that receives a grant under this sec- recommendations for legislative and administra- ‘‘(1) IN GENERAL.—The Secretary shall make a tion may use the grant to provide assistance to tive action. grant to an eligible organization to pay the Fed- other qualified organizations, such as small or ‘‘(d) FUNDING.—Funds available to any Fed- eral share of the cost of establishing and oper- emerging qualified organizations. eral agency may be used to carry out inter- ating a national rural telework institute to ‘‘(e) LOW-INCOME INDIVIDUALS.—The Sec- agency activities under this section.’’. carry out projects described in paragraph (4). retary shall ensure that not less than 50 percent (b) GRANTS FOR PROGRAMS FOR RURAL SEN- ‘‘(2) ELIGIBLE ORGANIZATIONS.—The Secretary of the grants made under this section is used to IORS.—Subtitle D of the Consolidated Farm and shall establish criteria that an organization benefit low-income individuals identified by the Rural Development Act (7 U.S.C. 1981 et seq.) shall meet to be eligible to receive a grant under Secretary, including individuals residing on In- (as amended by subsection (a)) is amended by this subsection. dian reservations. adding at the end the following: ‘‘(3) DEADLINE FOR INITIAL GRANT.—Not later ‘‘(f) DIVERSITY.—In making grants under this ‘‘SEC. 379A. GRANTS FOR PROGRAMS FOR RURAL than 1 year after the date on which funds are section, the Secretary shall ensure, to the max- SENIORS. first made available to carry out this subsection, imum extent practicable, that grant recipients ‘‘(a) IN GENERAL.—The Secretary shall make the Secretary shall make the initial grant under include qualified organizations— grants to nonprofit organizations (including co- this subsection. ‘‘(1) of varying sizes; and operatives) to pay the Federal share of the cost ‘‘(4) PROJECTS.—The institute shall use grant ‘‘(2) that serve racially and ethnically diverse of programs that— funds obtained under this subsection to carry populations. ‘‘(1) provide facilities, equipment, and tech- out a 5-year project— ‘‘(g) COST SHARING.— nology for seniors in a rural area; and ‘‘(A) to serve as a clearinghouse for telework ‘‘(1) FEDERAL SHARE.—The Federal share of ‘‘(2) may be replicated in other rural areas. research and development; the cost of a project carried out using funds ‘‘(b) FEDERAL SHARE.—The Federal share of a ‘‘(B) to conduct outreach to rural communities from a grant under this section shall be 75 per- grant under this section shall be not more than and rural workers; cent. 20 percent of the cost of a program described in ‘‘(C) to develop and share best practices in ‘‘(2) FORM OF NON-FEDERAL SHARE.—The non- subsection (a). rural telework throughout the United States; Federal share of the cost of a project described ‘‘(c) LEVERAGING.—In selecting programs to ‘‘(D) to develop innovative, market-driven in paragraph (1) may be provided— receive grants under section, the Secretary shall telework projects and joint ventures with the ‘‘(A) in cash (including through fees, grants give priority to proposals that leverage resources private sector that employ workers in rural (including community development block to meet multiple rural community goals. areas in jobs that promote economic self-suffi- grants), and gifts); or ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ciency; ‘‘(B) in kind. There is authorized to be appropriated to carry ‘‘(E) to share information about the design ‘‘(h) FUNDING.— out this section $25,000,000 for each of fiscal and implementation of telework arrangements; ‘‘(1) IN GENERAL.—Not later than 30 days after years 2003 through 2006.’’. ‘‘(F) to support private sector businesses that the date of enactment of this Act, and on Octo- (c) RESERVATION OF COMMUNITY FACILITIES are transitioning to telework; ber 1, 2002, and each October 1 thereafter PROGRAM FUNDS FOR SENIOR FACILITIES.—Sec- ‘‘(G) to support and assist telework projects through October 1, 2005, out of any funds in the tion 306(a)(19) of the Consolidated Farm and and individuals at the State and local level; and Treasury not otherwise appropriated, the Sec- Rural Development Act (7 U.S.C. 1926(a)(19)) is ‘‘(H) to perform such other functions as the retary of the Treasury shall transfer to the Sec- amended by adding at the end the following: Secretary considers appropriate. retary of Agriculture to carry out this section ‘‘(C) RESERVATION OF FUNDS FOR SENIOR FA- ‘‘(5) NON-FEDERAL SHARE.— $10,000,000, to remain available until expended. CILITIES.— ‘‘(A) IN GENERAL.—As a condition of receiving ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(i) IN GENERAL.—For each fiscal year, not a grant under this subsection, an eligible orga- retary shall be entitled to receive, shall accept, less than 12.5 percent of the funds made avail- nization shall agree to obtain, after the applica- and shall use to carry out this section the funds able to carry out this paragraph shall be re- tion of the eligible organization has been ap- transferred under paragraph (1), without fur- served for grants to pay the Federal share of the proved and notice of award has been issued, ther appropriation.’’. cost of developing and constructing senior facili- contributions from non-Federal sources that are ties, or carrying out other projects that mainly equal to— SEC. 641. RURAL SENIORS. ‘‘(i) during each of the first, second, and third (a) INTERAGENCY COORDINATING COMMITTEE benefit seniors, in rural areas. ‘‘(ii) RELEASE.—Funds reserved under clause years of a project, 50 percent of the amount of FOR RURAL SENIORS.—Subtitle D of the Consoli- (i) for a fiscal year shall be reserved only until the grant; and dated Farm and Rural Development Act (7 ‘‘(ii) during each of the fourth and fifth years U.S.C. 1981 et seq.) (as amended by section 640) April 1 of the fiscal year.’’. SEC. 642. CHILDREN’S DAY CARE FACILITIES. of the project, 100 percent of the amount of the is amended by adding at the end the following: grant. Section 306(a)(19) of the Consolidated Farm ‘‘SEC. 379. INTERAGENCY COORDINATING COM- ‘‘(B) INDIAN TRIBES.—Notwithstanding sub- and Rural Development Act (7 U.S.C. MITTEE FOR RURAL SENIORS. paragraph (A), an Indian tribe may use Federal 1926(a)(19)) (as amended by section 641(c)) is ‘‘(a) IN GENERAL.—The Secretary shall estab- funds made available to the tribe for self-gov- amended by adding at the end the following: lish an interagency coordinating committee (re- ernance to pay the non-Federal contributions ‘‘(D) RESERVATION OF FUNDS FOR CHILDREN’S ferred to in this section as the ‘Committee’) to required under subparagraph (A). DAY CARE FACILITIES.— examine the special problems of rural seniors. ‘‘(C) FORM.—The non-Federal contributions ‘‘(i) IN GENERAL.—For each fiscal year, not ‘‘(b) MEMBERSHIP.—The Committee shall be required under subparagraph (A) may be in the less than 10 percent of the funds made available comprised of— form of in-kind contributions, including office to carry out this paragraph shall be reserved for ‘‘(1) the Undersecretary of Agriculture for equipment, office space, and services. grants to pay the Federal share of the cost of Rural Development, who shall serve as chair- ‘‘(c) TELEWORK GRANTS.— developing and constructing day care facilities person of the Committee; ‘‘(1) IN GENERAL.—Subject to paragraphs (2) for children in rural areas. ‘‘(2) 2 representatives of the Secretary of through (5), the Secretary shall make grants to ‘‘(ii) RELEASE.—Funds reserved under clause Health and Human Services, of whom— eligible entities to pay the Federal share of the (i) for a fiscal year shall be reserved only until ‘‘(A) 1 shall have expertise in the field of cost of— April 1 of the fiscal year.’’. health care; and ‘‘(A) obtaining equipment and facilities to es- ‘‘(B) 1 shall have expertise in the field of pro- SEC. 643. RURAL TELEWORK. tablish or expand telework locations in rural grams under the Older Americans Act of 1965 (42 Subtitle D of the Consolidated Farm and areas; and U.S.C. 3001 et seq.); Rural Development Act (7 U.S.C. 1981 et seq.) ‘‘(B) operating telework locations in rural ‘‘(3) 1 representative of the Secretary of Hous- (as amended by section 641(b)) is amended by areas. ing and Urban Development; adding at the end the following: ‘‘(2) ELIGIBLE ORGANIZATIONS.—To be eligible ‘‘(4) 1 representative of the Secretary of the ‘‘SEC. 379B. RURAL TELEWORK. to receive a grant under this subsection, an eli- Interior; ‘‘(a) DEFINITIONS.—In this section: gible entity shall— ‘‘(5) 1 representative of the Secretary of ‘‘(1) ELIGIBLE ORGANIZATION.—The term ‘eligi- ‘‘(A) be a nonprofit organization or edu- Transportation; and ble organization’ means a nonprofit entity, an cational institution in a rural area; and ‘‘(6) representatives of such other Federal educational institution, an Indian tribe (as de- ‘‘(B) submit to, and receive the approval of, agencies as the Secretary may designate. fined in section 4 of the Indian Self-Determina- the Secretary of an application for the grant

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00102 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.015 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1081

that demonstrates that the eligible entity has ‘‘(4) SECRETARY.—The term ‘Secretary’ means ‘‘SEC. 379E. GRANTS FOR TRAINING FARM WORK- adequate resources and capabilities to establish the Secretary, acting through the Undersecre- ERS. or expand a telework location in a rural area. tary of Rural Development. ‘‘(a) DEFINITION OF ELIGIBLE ORGANIZA- ‘‘(3) NON-FEDERAL SHARE.— ‘‘(b) PROGRAM.—The Secretary shall establish TION.—In this section, the term ‘eligible organi- ‘‘(A) IN GENERAL.—As a condition of receiving a historic barn preservation program— zation’ means— a grant under this subsection, an eligible orga- ‘‘(1) to assist States in developing a listing of ‘‘(1) a nonprofit organization; or nization shall agree to obtain, after the applica- historic barns; ‘‘(2) a consortium of nonprofit organizations, tion of the eligible organization has been ap- ‘‘(2) to collect and disseminate information on agribusinesses, State and local governments, ag- proved and notice of award has been issued, historic barns; ricultural labor organizations, farmer coopera- contributions from non-Federal sources that are ‘‘(3) to foster educational programs relating to tives, or community-based organizations; equal to 50 percent of the amount of the grant. the history, construction techniques, rehabilita- that has the ability to train farm workers. ‘‘(B) INDIAN TRIBES.—Notwithstanding sub- tion, and contribution to society of historic ‘‘(b) GRANTS.—The Secretary shall make paragraph (A), an Indian tribe may use Federal barns; and grants to eligible organizations to provide train- funds made available to the tribe for self-gov- ‘‘(4) to sponsor and conduct research on— ing to farm workers— ernance to pay the non-Federal contributions ‘‘(A) the history of barns; and ‘‘(1) on the use of technology in agriculture; required under subparagraph (A). ‘‘(B) best practices to protect and rehabilitate and ‘‘(C) SOURCES.—The non-Federal contribu- historic barns from the effects of decay, fire, ‘‘(2) to develop the specialized skills necessary tions required under subparagraph (A)— arson, and natural disasters. to produce higher value crops. ‘‘(i) may be in the form of in-kind contribu- ‘‘(c) GRANTS.— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— tions, including office equipment, office space, There is authorized to be appropriated to carry and services; and ‘‘(1) IN GENERAL.—The Secretary may make grants to, or enter into contracts or cooperative out this section $10,000,000 for each of fiscal ‘‘(ii) may not be made from funds made avail- years 2002 through 2006.’’. able for community development block grants agreements with, eligible applicants to carry out SEC. 647. DELTA REGIONAL AUTHORITY. under title I of the Housing and Community De- an eligible project under paragraph (2). (a) SUPPLEMENTS TO FEDERAL GRANT PRO- velopment Act of 1974 (42 U.S.C. 5301 et seq.). ‘‘(2) ELIGIBLE PROJECTS.—A grant under this GRAMS.—Section 382D of the Consolidated Farm ‘‘(4) DURATION.—The Secretary may not pro- subsection may be made to an eligible entity for vide a grant under this subsection to establish, a project— and Rural Development Act (7 U.S.C. 2009aa–3) expand, or operate a telework location in a ‘‘(A) to rehabilitate or repair a historic barn; is amended to read as follows: rural area after the date that is 2 years after the ‘‘(B) to preserve a historic barn through— ‘‘SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT establishment of the telework location. ‘‘(i) the installation of a fire protection sys- PROGRAMS. ‘‘(5) MAXIMUM AMOUNT OF GRANT.—The tem, including fireproofing or fire detection sys- ‘‘(a) FINDING.—Congress finds that certain amount of a grant provided to an eligible entity tem and sprinklers; and States and local communities of the region, in- under this subsection shall not exceed $500,000. ‘‘(ii) the installation of a system to prevent cluding local development districts, may be un- ‘‘(d) APPLICABILITY OF CERTAIN FEDERAL vandalism; and able to take maximum advantage of Federal LAW.—An entity that receives funds under this ‘‘(C) to identify, document, and conduct re- grant programs for which the States and com- section shall be subject to the provisions of Fed- search on a historic barn to develop and evalu- munities are eligible because— eral law (including regulations), administered ate appropriate techniques or best practices for ‘‘(1) they lack the economic resources to pro- by the Secretary of Labor or the Equal Employ- protecting historic barns. vide the required matching share; or ment Opportunity Commission, that govern the ‘‘(3) REQUIREMENTS.—An eligible applicant ‘‘(2) there are insufficient funds available responsibilities of employers to employees. that receives a grant for a project under this under the applicable Federal law authorizing ‘‘(e) REGULATIONS.—Not later than 180 days subsection shall comply with any standards es- the Federal grant program to meet pressing after the date of enactment of this section, the tablished by the Secretary of the Interior for needs of the region. Secretary shall promulgate regulations to carry historic preservation projects. ‘‘(b) FEDERAL GRANT PROGRAM FUNDING.— out this section. ‘‘(d) FUNDING.—There is authorized to be ap- Notwithstanding any provision of law limiting ‘‘(f) AUTHORIZATION OF APPROPRIATION.— propriated to carry out this section, $25,000,000 the Federal share, the areas eligible for assist- There is authorized to be appropriated to carry for the period of fiscal years 2002 through 2006, ance, or the authorizations of appropriations, out this section $30,000,000 for each of fiscal to remain available until expended.’’. under any Federal grant program, and in ac- cordance with subsection (c), the Authority, years 2002 through 2006, of which $5,000,000 SEC. 645. GRANTS FOR EMERGENCY WEATHER shall be provided to establish an institute under RADIO TRANSMITTERS. with the approval of the Federal cochairperson and with respect to a project to be carried out subsection (b).’’. Subtitle D of the Consolidated Farm and in the region, may— SEC. 644. HISTORIC BARN PRESERVATION. Rural Development Act (7 U.S.C. 1981 et seq.) ‘‘(1) increase the Federal share of the costs of Subtitle D of the Consolidated Farm and (as amended by section 644)) is amended by add- a project under any Federal grant program to Rural Development Act (7 U.S.C. 1981 et seq.) ing at the end the following: not more than 90 percent (except as provided in (as amended by section 643) is amended by add- ‘‘SEC. 379D. GRANTS FOR EMERGENCY WEATHER ing at the end the following: section 382F(b)); and RADIO TRANSMITTERS. ‘‘(2) use amounts made available to carry out ‘‘SEC. 379C. HISTORIC BARN PRESERVATION. ‘‘(a) IN GENERAL.—The Secretary, acting this subtitle to pay all or a portion of the in- ‘‘(a) DEFINITIONS.—In this section: through the Administrator of the Rural Utilities creased Federal share. ‘‘(1) BARN.—The term ‘barn’ means a building Service, may make grants to public and non- ‘‘(c) CERTIFICATIONS.— (other than a dwelling) on a farm, ranch, or profit entities for the Federal share of the cost ‘‘(1) IN GENERAL.—In the case of any project other agricultural operation for— of acquiring radio transmitters to increase cov- for which all or any portion of the basic Federal ‘‘(A) housing animals; erage of rural areas by the emergency weather share of the costs of the project is proposed to be ‘‘(B) storing or processing crops; radio broadcast system of the National Oceanic ‘‘(C) storing and maintaining agricultural paid under this section, no Federal contribution and Atmospheric Administration. shall be made until the Federal official admin- equipment; or ‘‘(b) ELIGIBILITY.—To be eligible for a grant ‘‘(D) serving an essential or useful purpose re- istering the Federal law that authorizes the under this section, an applicant shall provide to Federal grant program certifies that the lated to agriculture on the adjacent land. the Secretary— ‘‘(2) ELIGIBLE APPLICANT.—The term ‘eligible project— ‘‘(1) a binding commitment from a tower ‘‘(A) meets (except as provided in subsection applicant’ means— owner to place the transmitter on a tower; and ‘‘(A) a State department of agriculture (or a (b)) the applicable requirements of the applica- ‘‘(2) a description of how the tower placement designee); ble Federal grant program; and will increase coverage of a rural area by the ‘‘(B) a national or State nonprofit organiza- ‘‘(B) could be approved for Federal contribu- emergency weather radio broadcast system of tion that— tion under the Federal grant program if funds the National Oceanic and Atmospheric Adminis- ‘‘(i) is exempt from tax under section 501(c)(3) were available under the law for the project. tration. of the Internal Revenue Code of 1986; and ‘‘(2) CERTIFICATION BY AUTHORITY.— ‘‘(ii) has experience or expertise, as deter- ‘‘(c) FEDERAL SHARE.—A grant provided ‘‘(A) IN GENERAL.—The certifications and de- mined by the Secretary, in the identification, under this section shall be not more than 75 per- terminations required to be made by the Author- evaluation, rehabilitation, preservation, or pro- cent of the cost of acquiring a radio transmitter ity for approval of projects under this Act in ac- tection of historic barns; and described in subsection (a). cordance with section 382I— ‘‘(C) a State historic preservation office. ‘‘(d) AUTHORIZATION.—There is authorized to ‘‘(i) shall be controlling; and ‘‘(3) HISTORIC BARN.—The term ‘historic barn’ be appropriated to carry out this section ‘‘(ii) shall be accepted by the Federal agen- means a barn that— $2,000,000 for each of fiscal years 2002 through cies. ‘‘(A) is at least 50 years old; 2006.’’. ‘‘(B) ACCEPTANCE BY FEDERAL COCHAIR- ‘‘(B) retains sufficient integrity of design, ma- SEC. 646. GRANTS FOR TRAINING FARM WORK- PERSON.—In the case of any project described in terials, and construction to clearly identify the ERS. paragraph (1), any finding, report, certification, barn as an agricultural building; and Subtitle D of the Consolidated Farm and or documentation required to be submitted with ‘‘(C) meets the criteria for listing on National, Rural Development Act (7 U.S.C. 1981 et seq.) respect to the project to the head of the depart- State, or local registers or inventories of historic (as amended by section 645) is amended by add- ment, agency, or instrumentality of the Federal structures. ing at the end the following: Government responsible for the administration

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00103 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.015 pfrm01 PsN: S25PT1 S1082 CONGRESSIONAL RECORD — SENATE February 25, 2002 of the Federal grant program under which the and Budget apportions any amounts made able to obtain sufficient funding from tradi- project is carried out shall be accepted by the available under this subtitle, for each fiscal year tional funding sources. Federal cochairperson.’’. after the date of enactment of this subtitle, the ‘‘(2) APPLICATION.— (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- Secretary shall, on request by a State— ‘‘(A) DATE.—The council shall establish such tion 382M(a) of the Consolidated Farm and ‘‘(A) determine whether any application sub- deadline by which small communities shall sub- Rural Development Act (7 U.S.C. 2009aa–12(a)) mitted by the State under subsection (b) meets mit applications for grants under this section as is amended by striking ‘‘2002’’ and inserting the requirements of subsection (b)(2); and will permit the council adequate time to review ‘‘2006’’. ‘‘(B) subject to paragraph (2), subsection and make recommendations relating to the ap- (c) TERMINATION OF AUTHORITY.—Section (e)(4)(B)(ii), and section 386D(b), if the Sec- plications. 382N of the Consolidated Farm and Rural Devel- retary determines that the application meets the ‘‘(B) LOCATION OF APPLICATION.—A small opment Act (7 U.S.C. 2009aa–13) is amended by requirements of subsection (b)(2), award a grant community shall submit an application de- striking ‘‘2002’’ and inserting ‘‘2006’’. of not to exceed $1,000,000 to the State, to be scribed in subparagraph (A) to the council in (d) DELTA REGION AGRICULTURAL ECONOMIC used by the council of the State to award the State in which the small community is lo- DEVELOPMENT.—Subtitle D of the Consolidated SEARCH grants under subsection (e). cated. Farm and Rural Development Act (7 U.S.C. 1981 ‘‘(2) GRANTS TO CERTAIN STATES.—The aggre- ‘‘(C) CONTENT OF APPLICATION.—An applica- et seq.) (as amended by section 646) is amended gate amount of grants awarded to States other tion described in subparagraph (A) shall by adding at the end the following: than Alaska, Hawaii, or 1 of the 48 contiguous include— ‘‘SEC. 379F. DELTA REGION AGRICULTURAL ECO- States, under this subsection shall not exceed ‘‘(i) a description of the proposed environ- NOMIC DEVELOPMENT. $1,000,000 for any fiscal year. mental project (including an explanation of how ‘‘(a) IN GENERAL.—The Secretary may make ‘‘(d) INDEPENDENT CITIZENS’ COUNCIL.— the project would assist the small community in grants to assist in the development of state-of- ‘‘(1) ESTABLISHMENT.—There is established in complying with an environmental law (includ- the-art technology in animal nutrition (includ- each State an independent citizens’ council to ing a regulation)); ing research and development of the technology) carry out the duties described in this section. ‘‘(ii) an explanation of why the project is im- and value-added manufacturing to promote an ‘‘(2) COMPOSITION.— portant to the small community; economic platform for the Delta region (as de- ‘‘(A) IN GENERAL.—Each council shall be com- ‘‘(iii) a description of all actions taken with fined in section 382A) to relieve severe economic posed of 9 members, appointed by the Governor respect to the project, including a description of conditions. of the State. any attempt to secure funding and a description ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) REPRESENTATION; RESIDENCE.—Each of demonstrated need for funding for the There are authorized to be appropriated to carry member of a council shall— project, as of the date of the application; and out this section $7,000,000 for each of fiscal ‘‘(i) represent an individual region of the ‘‘(iv) a SEARCH grant application form pro- years 2002 through 2006.’’. State, as determined by the Governor of the vided by the council, completed and with all re- (e) DEFINITION OF LOWER MISSISSIPPI.—Sec- State in which the council is established; quired supporting documentation. tion 4(2)(I) of the Delta Development Act (42 ‘‘(ii) reside in a small community of the State; ‘‘(3) REVIEW AND RECOMMENDATION.— U.S.C. 3121 note; Public Law 100–460) is amend- and ‘‘(A) IN GENERAL.—Except as provided in sub- ed by inserting ‘‘Butler, Conecuh, Escambia, ‘‘(iii) be representative of the populations of paragraph (B), not later than March 5 of each Monroe,’’ after ‘‘Russell,’’. the State. fiscal year, each council shall— SEC. 648. SEARCH GRANTS FOR SMALL COMMU- ‘‘(C) APPOINTMENT.—Before a State receives ‘‘(i) review all applications received under NITIES. funds under this subtitle, the State shall ap- paragraph (2); and The Consolidated Farm and Rural Develop- point members to the council for the fiscal year, ‘‘(ii) recommend for award SEARCH grants to ment Act (as amended by section 604) is amend- except that not more than 1 member shall be an small communities based on— ed by adding at the end the following: agent, employee, or official of the State govern- ‘‘(I) an evaluation of the eligibility criteria ‘‘Subtitle J—SEARCH Grants for Small ment. under paragraph (1); and Communities ‘‘(D) CHAIRPERSON.—Each council shall select ‘‘(II) the content of the application. a chairperson from among the members of the ‘‘SEC. 386A. DEFINITIONS. ‘‘(B) EXTENSION OF DEADLINE.—The State may council, except that a member who is an agent, ‘‘In this subtitle: extend the deadline described in subparagraph employee, or official of the State government ‘‘(1) COUNCIL.—The term ‘council’ means an (A) by not more than 10 days in a case in which independent citizens’ council established by sec- shall not serve as chairperson. the receipt of recommendations from a council EDERAL REPRESENTATION.— tion 386B(d). ‘‘(E) F under subparagraph (A)(ii) is delayed because ‘‘(i) IN GENERAL.—An officer, employee, or ‘‘(2) ENVIRONMENTAL PROJECT.— of circumstances beyond the control of the coun- ‘‘(A) IN GENERAL.—The term ‘environmental agent of the Federal Government may partici- cil, as determined by the State. pate in the activities of the council— project’ means a project that— ‘‘(4) UNEXPENDED FUNDS.— ‘‘(I) in an advisory capacity; and ‘‘(i) improves environmental quality; and ‘‘(A) IN GENERAL.—If, for any fiscal year, any ‘‘(II) at the invitation of the council. ‘‘(ii) is necessary to comply with an environ- unexpended funds remain after SEARCH grants ‘‘(ii) RURAL DEVELOPMENT STATE DIRECTORS.— mental law (including a regulation). are awarded under subsection (d)(3)(B), the On the request of the council of a State, the ‘‘(B) INCLUSION.—The term ‘environmental council may repeat the application and review State Director for Rural Development of the project’ includes an initial feasibility study of a process so that any remaining funds may be rec- State shall provide advice and consultation to project. ommended for award, and awarded, not later the council. ‘‘(3) REGION.—The term ‘region’ means a geo- than July 30 of the fiscal year. ‘‘(3) SEARCH GRANTS.— graphic area of a State, as determined by the ‘‘(B) RETENTION OF FUNDS.— ‘‘(A) IN GENERAL.—Each council shall review Governor of the State. ‘‘(i) IN GENERAL.—Any unexpended funds that applications for, and recommend awards of, ‘‘(4) SEARCH GRANT.—The term ‘SEARCH are not awarded under subsection (d)(3)(B) or SEARCH grants to small communities that meet grant’ means a grant for special environmental subparagraph (A) shall be retained by the State the eligibility criteria under subsection (c). assistance for the regulation of communities and for award during the following fiscal year. ‘‘(B) RECOMMENDATIONS.—In awarding a habitat awarded under section 386B(e)(3). ‘‘(ii) LIMITATION.—A State that accumulates a MALL COMMUNITY.—The term ‘small SEARCH grant, a State— ‘‘(5) S balance of unexpended funds described in community’ means an incorporated or unincor- ‘‘(i) shall follow the recommendations of the clause (i) of more than $3,000,000 shall be ineli- porated rural community with a population of council of the State; gible to apply for additional funds for SEARCH 2,500 inhabitants or less. ‘‘(ii) shall award the funds for any rec- grants until such time as the State expends the ‘‘(6) STATE.—The term ‘State’ has the meaning ommended environmental project in a timely portion of the balance that exceeds $3,000,000. given the term in section 381A(1). and expeditious manner; and ‘‘SEC. 386C. REPORT. ‘‘SEC. 386B. SEARCH GRANT PROGRAM. ‘‘(iii) shall not award a SEARCH grant to a ‘‘(a) IN GENERAL.—There is established the grantee or project in violation of any law of the ‘‘Not later than September 1 of the first fiscal SEARCH Grant Program. State (including a regulation). year for which a SEARCH grant is awarded by ‘‘(b) APPLICATION.— ‘‘(C) NO MATCHING REQUIREMENT.—A small a council, and annually thereafter, the council ‘‘(1) IN GENERAL.—Not later than October 1 of community that receives a SEARCH grant under shall submit to the Secretary a report that— each fiscal year, a State may submit to the Sec- this section shall not be required to provide ‘‘(1) describes the number of SEARCH grants retary an application to receive a grant under matching funds. awarded during the fiscal year; subsection (c) for the fiscal year. ‘‘(e) SEARCH GRANTS FOR SMALL COMMU- ‘‘(2) identifies each small community that re- ‘‘(2) REQUIREMENTS.—An application under NITIES.— ceived a SEARCH grant during the fiscal year; paragraph (1) shall contain— ‘‘(1) ELIGIBILITY.—A SEARCH grant shall be ‘‘(3) describes the project or purpose for which ‘‘(A) a certification by the State that the State awarded under this section only to a small com- each SEARCH grant was awarded, including a has appointed members to the council of the munity for 1 or more environmental projects for statement of the benefit to public health or the State under subsection (c)(2)(C); and which the small community— environment of the environmental project receiv- ‘‘(B) such information as the Secretary may ‘‘(A) needs funds to carry out initial feasi- ing the grant funds; and reasonably require. bility or environmental studies before applying ‘‘(4) describes the status of each project or ‘‘(c) GRANTS TO STATES.— to traditional funding sources; or portion of a project for which a SEARCH grant ‘‘(1) IN GENERAL.—Not later than 60 days after ‘‘(B) demonstrates, to the satisfaction of the was awarded, including a project or portion of the date on which the Office of Management council, that the small community has been un- a project for which a SEARCH grant was

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00104 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.016 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1083 awarded for any fiscal year before the fiscal ‘‘(B) a State cochairperson, who— foster the creation of a local development dis- year in which the report is submitted. ‘‘(i) shall be a Governor of a participating trict; ‘‘SEC. 386D. FUNDING. State in the region; and ‘‘(7) encourage private investment in indus- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) shall be elected by the State members for trial, commercial, and other economic develop- There is authorized to be appropriated to carry a term of not less than 1 year; and ment projects in the region; and out section 386B(c) $51,000,000, of which not to ‘‘(C) the member of an Indian tribe, who shall ‘‘(8) cooperate with and assist State govern- exceed $1,000,000 shall be used to make grants serve— ments with economic development programs of under section 386B(c)(2). ‘‘(i) as the tribal cochairperson; and participating States. ‘‘(ii) as a liaison between the governments of ‘‘(b) ACTUAL APPROPRIATION.—If funds to ‘‘(e) ADMINISTRATION.—In carrying out sub- carry out section 386B(c) are made available for Indian tribes in the region and the Authority. section (d), the Authority may— ‘‘(b) ALTERNATE MEMBERS.— a fiscal year in an amount that is less than the ‘‘(1) hold such hearings, sit and act at such ‘‘(1) ALTERNATE FEDERAL COCHAIRPERSON.— amount authorized under subsection (a) for the times and places, take such testimony, receive The President shall appoint an alternate Fed- fiscal year, the appropriated funds shall be di- such evidence, and print or otherwise reproduce eral cochairperson. vided equally among the 50 States. and distribute a description of the proceedings ‘‘(2) STATE ALTERNATES.— ‘‘(c) UNUSED FUNDS.—If, for any fiscal year, a and reports on actions by the Authority as the ‘‘(A) IN GENERAL.—The State member of a par- State does not apply, or does not qualify, to re- Authority considers appropriate; ticipating State may have a single alternate, ‘‘(2) authorize, through the Federal, State, or ceive funds under section 386B(b), the funds who shall be— that would have been made available to the tribal cochairperson or any other member of the ‘‘(i) a resident of that State; and Authority designated by the Authority, the ad- State under section 386B(c) on submission by the ‘‘(ii) appointed by the Governor of the State. State of a successful application under section ministration of oaths if the Authority deter- ‘‘(B) QUORUM.—A State alternate member mines that testimony should be taken or evi- 386B(b) shall be redistributed for award under shall not be counted toward the establishment of this subtitle among States, the councils of which dence received under oath; a quorum of the members of the Authority in ‘‘(3) request from any Federal, State, tribal, or awarded 1 or more SEARCH grants during the any case in which a quorum of the State mem- local agency such information as may be avail- preceding fiscal year. bers is required to be present. able to or procurable by the agency that may be ‘‘(d) OTHER EXPENSES.—There are authorized ‘‘(3) ALTERNATE TRIBAL COCHAIRPERSON.—The of use to the Authority in carrying out the du- to be appropriated such sums as are necessary President shall appoint an alternate tribal co- to carry out the provisions of this subtitle (other ties of the Authority; chairperson, by and with the advice and con- ‘‘(4) adopt, amend, and repeal bylaws and than section 386B(c)).’’. sent of the Senate. rules governing the conduct of business and the SEC. 649. NORTHERN GREAT PLAINS REGIONAL ‘‘(4) DELEGATION OF POWER.—No power or re- performance of duties of the Authority; AUTHORITY. sponsibility of the Authority specified in para- ‘‘(5) request the head of any Federal agency The Consolidated Farm and Rural Develop- graphs (2) and (3) of subsection (c), and no vot- to detail to the Authority such personnel as the ment Act (as amended by section 648) is amend- ing right of any member of the Authority, shall Authority requires to carry out duties of the Au- ed by adding at the end the following: be delegated to any person who is not— thority, each such detail to be without loss of ‘‘Subtitle K—Northern Great Plains Regional ‘‘(A) a member of the Authority; or seniority, pay, or other employee status; Authority ‘‘(B) entitled to vote in Authority meetings. ‘‘(6) request the head of any State agency, ‘‘(c) VOTING.— ‘‘SEC. 387A. DEFINITIONS. tribal government, or local government to detail ‘‘(1) IN GENERAL.—A decision by the Authority to the Authority such personnel as the Author- ‘‘In this subtitle: shall require a majority vote of the Authority ‘‘(1) AUTHORITY.—The term ‘Authority’ means ity requires to carry out duties of the Authority, (not including any member representing a State the Northern Great Plains Regional Authority each such detail to be without loss of seniority, that is delinquent under subsection (g)(2)(D)) to established by section 387B. pay, or other employee status; be effective. ‘‘(2) FEDERAL GRANT PROGRAM.—The term ‘‘(7) provide for coverage of Authority employ- ‘‘(2) QUORUM.—A quorum of State members ‘Federal grant program’ means a Federal grant ees in a suitable retirement and employee benefit shall be required to be present for the Authority system by— program to provide assistance in— to make any policy decision, including— ‘‘(A) implementing the recommendations of ‘‘(A) making arrangements or entering into ‘‘(A) a modification or revision of an Author- contracts with any participating State govern- the Northern Great Plains Rural Development ity policy decision; Commission established by the Northern Great ment or tribal government; or ‘‘(B) approval of a State or regional develop- ‘‘(B) otherwise providing retirement and other Plains Rural Development Act (7 U.S.C. 2661 ment plan; and note; Public Law 103–318); employee benefit coverage; ‘‘(C) any allocation of funds among the ‘‘(8) accept, use, and dispose of gifts or dona- ‘‘(B) acquiring or developing land; States. ‘‘(C) constructing or equipping a highway, tions of services or real, personal, tangible, or ‘‘(3) PROJECT AND GRANT PROPOSALS.—The ap- intangible property; road, bridge, or facility; proval of project and grant proposals shall be— ‘‘(D) carrying out other economic development ‘‘(9) enter into and perform such contracts, ‘‘(A) a responsibility of the Authority; and leases, cooperative agreements, or other trans- activities; or ‘‘(B) conducted in accordance with section ‘‘(E) conducting research activities related to actions as are necessary to carry out Authority 387I. duties, including any contracts, leases, or coop- the activities described in subparagraphs (A) ‘‘(4) VOTING BY ALTERNATE MEMBERS.—An al- through (D). erative agreements with— ternate member shall vote in the case of the ab- ‘‘(A) any department, agency, or instrumen- ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ sence, death, disability, removal, or resignation has the meaning given the term in section 4 of tality of the United States; of the Federal, State, or Indian tribe member for ‘‘(B) any State (including a political subdivi- the Indian Self-Determination and Education whom the alternate member is an alternate. Assistance Act (25 U.S.C. 450b). sion, agency, or instrumentality of the State); ‘‘(d) DUTIES.—The Authority shall— ‘‘(C) any Indian tribe in the region; or ‘‘(4) REGION.—The term ‘region’ means the ‘‘(1) develop, on a continuing basis, com- ‘‘(D) any person, firm, association, or cor- States of Iowa, Minnesota, Nebraska, North Da- prehensive and coordinated plans and programs poration; and kota, and South Dakota. to establish priorities and approve grants for the ‘‘(10) establish and maintain a central office ‘‘SEC. 387B. NORTHERN GREAT PLAINS REGIONAL economic development of the region, giving due and field offices at such locations as the Au- AUTHORITY. consideration to other Federal, State, tribal, and thority may select. ‘‘(a) ESTABLISHMENT.— local planning and development activities in the ‘‘(f) FEDERAL AGENCY COOPERATION.—A Fed- ‘‘(1) IN GENERAL.—There is established the region; eral agency shall— Northern Great Plains Regional Authority. ‘‘(2) not later than 220 days after the date of ‘‘(1) cooperate with the Authority; and ‘‘(2) COMPOSITION.—The Authority shall be enactment of this subtitle, establish priorities in ‘‘(2) provide, on request of the Federal co- composed of— a development plan for the region (including 5- chairperson, appropriate assistance in carrying ‘‘(A) a Federal member, to be appointed by the year regional outcome targets); out this subtitle, in accordance with applicable President, by and with the advice and consent ‘‘(3) assess the needs and assets of the region Federal laws (including regulations). of the Senate; based on available research, demonstrations, in- ‘‘(g) ADMINISTRATIVE EXPENSES.— ‘‘(B) the Governor (or a designee of the Gov- vestigations, assessments, and evaluations of the ‘‘(1) FEDERAL SHARE.—The Federal share of ernor) of each State in the region that elects to region prepared by Federal, State, tribal, and the administrative expenses of the Authority participate in the Authority; and local agencies, universities, local development shall be— ‘‘(C) a member of an Indian tribe, who shall districts, and other nonprofit groups; ‘‘(A) for fiscal year 2002, 100 percent; be a chairperson of an Indian tribe in the region ‘‘(4) formulate and recommend to the Gov- ‘‘(B) for fiscal year 2003, 75 percent; and or a designee of such a chairperson, to be ap- ernors and legislatures of States that participate ‘‘(C) for fiscal year 2004 and each fiscal year pointed by the President, by and with the ad- in the Authority forms of interstate cooperation; thereafter, 50 percent. vice and consent of the Senate. ‘‘(5) work with State, tribal, and local agen- ‘‘(2) NON-FEDERAL SHARE.— ‘‘(3) COCHAIRPERSONS.—The Authority shall cies in developing appropriate model legislation; ‘‘(A) IN GENERAL.—The non-Federal share of be headed by— ‘‘(6)(A) enhance the capacity of, and provide the administrative expenses of the Authority ‘‘(A) the Federal member, who shall serve— support for, local development districts in the shall be paid by non-Federal sources in the ‘‘(i) as the Federal cochairperson; and region; or States that participate in the Authority. ‘‘(ii) as a liaison between the Federal Govern- ‘‘(B) if no local development district exists in ‘‘(B) SHARE PAID BY EACH STATE.—The share ment and the Authority; an area in a participating State in the region, of administrative expenses of the Authority to be

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00105 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.016 pfrm01 PsN: S25PT1 S1084 CONGRESSIONAL RECORD — SENATE February 25, 2002 paid by non-Federal sources in each State shall Authority (except the Federal cochairperson of ‘‘(4) to provide assistance to severely dis- be determined by the Authority. the Authority, the alternate and staff for the tressed and underdeveloped areas that lack fi- ‘‘(C) NO FEDERAL PARTICIPATION.—The Fed- Federal cochairperson, and any Federal em- nancial resources for equipping industrial parks eral cochairperson shall not participate or vote ployee detailed to the Authority under sub- and related facilities; and in any decision under subparagraph (B). section (e)(5)) shall be considered to be a Fed- ‘‘(5) to otherwise achieve the purposes of this ‘‘(D) DELINQUENT STATES.—If a State is delin- eral employee for any purpose. subtitle. quent in payment of the State’s share of admin- ‘‘(i) CONFLICTS OF INTEREST.— ‘‘(b) FUNDING.— istrative expenses of the Authority under this ‘‘(1) IN GENERAL.—Except as provided under ‘‘(1) IN GENERAL.—Funds for grants under subsection— paragraph (2), no State member, Indian tribe subsection (a) may be provided— ‘‘(i) no assistance under this subtitle shall be member, State alternate, officer, or employee of ‘‘(A) entirely from appropriations to carry out provided to the State (including assistance to a the Authority shall participate personally and this section; political subdivision or a resident of the State); substantially as a member, alternate, officer, or ‘‘(B) in combination with funds available and employee of the Authority, through decision, under another Federal grant program; or ‘‘(ii) no member of the Authority from the approval, disapproval, recommendation, the ‘‘(C) from any other source. State shall participate or vote in any action by rendering of advice, investigation, or otherwise, ‘‘(2) PRIORITY OF FUNDING.—To best build the the Authority. in any proceeding, application, request for a foundations for long-term economic development ‘‘(h) COMPENSATION.— ruling or other determination, contract, claim, and to complement other Federal, State, and ‘‘(1) FEDERAL AND TRIBAL COCHAIRPERSONS.— controversy, or other matter in which, to knowl- tribal resources in the region, Federal funds The Federal cochairperson and the tribal co- edge of the member, alternate, officer, or available under this subtitle shall be focused on chairperson shall be compensated by the Federal employee— the activities in the following order or priority: Government at the annual rate of basic pay pre- ‘‘(A) the member, alternate, officer, or em- ‘‘(A) Basic public infrastructure in distressed scribed for level III of the Executive Schedule in ployee; counties and isolated areas of distress. subchapter II of chapter 53 of title 5, United ‘‘(B) the spouse, minor child, partner, or orga- ‘‘(B) Transportation and telecommunication States Code. nization (other than a State or political subdivi- infrastructure for the purpose of facilitating ‘‘(2) ALTERNATE FEDERAL AND TRIBAL CO- sion of the State or the Indian tribe) of the mem- economic development in the region. ‘‘(C) Business development, with emphasis on CHAIRPERSONS.—The alternate Federal cochair- ber, alternate, officer, or employee, in which the entrepreneurship. person and the alternate tribal cochairperson— member, alternate, officer, or employee is serv- ‘‘(D) Job training or employment-related edu- ‘‘(A) shall be compensated by the Federal ing as officer, director, trustee, partner, or em- cation, with emphasis on use of existing public Government at the annual rate of basic pay pre- ployee; or educational institutions located in the region. scribed for level V of the Executive Schedule de- ‘‘(C) any person or organization with whom ‘‘(3) FEDERAL SHARE IN GRANT PROGRAMS.— scribed in paragraph (1); and the member, alternate, officer, or employee is ne- Notwithstanding any provision of law limiting ‘‘(B) when not actively serving as an alter- gotiating or has any arrangement concerning the Federal share in any grant program, funds nate, shall perform such functions and duties as prospective employment; are delegated by the Federal cochairperson or appropriated to carry out this section may be has a financial interest. used to increase a Federal share in a grant pro- the tribal cochairperson, respectively. ‘‘(2) DISCLOSURE.—Paragraph (1) shall not TATE MEMBERS AND ALTERNATES.— gram, as the Authority determines appropriate. ‘‘(3) S apply if the State member, Indian tribe member, ‘‘(A) IN GENERAL.—A State shall compensate ‘‘SEC. 387D. SUPPLEMENTS TO FEDERAL GRANT alternate, officer, or employee— each member and alternate representing the PROGRAMS. ‘‘(A) immediately advises the Authority of the State on the Authority at the rate established by ‘‘(a) FINDING.—Congress finds that certain nature and circumstances of the proceeding, ap- State law. States and local communities of the region, in- plication, request for a ruling or other deter- ‘‘(B) NO ADDITIONAL COMPENSATION.—No cluding local development districts, may be un- mination, contract, claim, controversy, or other State member or alternate member shall receive able to take maximum advantage of Federal particular matter presenting a potential conflict any salary, or any contribution to or sup- grant programs for which the States and com- of interest; plementation of salary from any source other munities are eligible because— ‘‘(B) makes full disclosure of the financial in- than the State for services provided by the mem- ‘‘(1) they lack the economic resources to pro- terest; and vide the required matching share; or ber or alternate member to the Authority. ‘‘(C) before the proceeding concerning the ‘‘(4) DETAILED EMPLOYEES.— ‘‘(2) there are insufficient funds available matter presenting the conflict of interest, re- ‘‘(A) IN GENERAL.—No person detailed to serve under the applicable Federal law authorizing ceives a written determination by the Authority the Authority under subsection (e)(6) shall re- the Federal grant program to meet pressing that the interest is not so substantial as to be ceive any salary or any contribution to or sup- needs of the region. likely to affect the integrity of the services that plementation of salary for services provided to ‘‘(b) FEDERAL GRANT PROGRAM FUNDING.— the Authority may expect from the State mem- the Authority from— Notwithstanding any provision of law limiting ‘‘(i) any source other than the State, tribal, ber, Indian tribe member, alternate, officer, or the Federal share, the areas eligible for assist- local, or intergovernmental agency from which employee. ance, or the authorizations of appropriations, ‘‘(3) VIOLATION.—Any person that violates the person was detailed; or under any Federal grant program, and in ac- this subsection shall be fined not more than ‘‘(ii) the Authority. cordance with subsection (c), the Authority, ‘‘(B) VIOLATION.—Any person that violates $10,000, imprisoned not more than 2 years, or with the approval of the Federal cochairperson this paragraph shall be fined not more than both. and with respect to a project to be carried out ‘‘(j) VALIDITY OF CONTRACTS, LOANS, AND $5,000, imprisoned not more than 1 year, or both. in the region, may— RANTS ‘‘(C) APPLICABLE LAW.—The Federal cochair- G .—The Authority may declare void any ‘‘(1) increase the Federal share of the costs of person, the alternate Federal cochairperson, contract, loan, or grant of or by the Authority a project under any Federal grant program to and any Federal officer or employee detailed to in relation to which the Authority determines not more than 90 percent (except as provided in duty on the Authority under subsection (e)(5) that there has been a violation of any provision section 387F(b)); and shall not be subject to subparagraph (A), but under subsection (h)(4) or subsection (i) of this ‘‘(2) use amounts made available to carry out shall remain subject to sections 202 through 209 subtitle, or sections 202 through 209 of title 18, this subtitle to pay all or a portion of the in- of title 18, United States Code. United States Code. creased Federal share. ‘‘(5) ADDITIONAL PERSONNEL.— ‘‘SEC. 387C. ECONOMIC AND COMMUNITY DEVEL- ‘‘(c) CERTIFICATIONS.— ‘‘(A) COMPENSATION.— OPMENT GRANTS. ‘‘(1) IN GENERAL.—In the case of any project ‘‘(i) IN GENERAL.—The Authority may appoint ‘‘(a) IN GENERAL.—The Authority may ap- for which all or any portion of the basic Federal and fix the compensation of an executive direc- prove grants to States, Indian tribes, local gov- share of the costs of the project is proposed to be tor and such other personnel as are necessary to ernments, and public and nonprofit organiza- paid under this section, no Federal contribution enable the Authority to carry out the duties of tions for projects, approved in accordance with shall be made until the Federal official admin- the Authority. section 387I— istering the Federal law that authorizes the ‘‘(ii) EXCEPTION.—Compensation under clause ‘‘(1) to develop the transportation and tele- Federal grant program certifies that the (i) shall not exceed the maximum rate for the communication infrastructure of the region for project— Senior Executive Service under section 5382 of the purpose of facilitating economic develop- ‘‘(A) meets (except as provided in subsection title 5, United States Code, including any appli- ment in the region (except that grants for this (b)) the applicable requirements of the applica- cable locality-based comparability payment that purpose may be made only to States, Indian ble Federal grant program; and may be authorized under section 5304(h)(2)(C) of tribes, local governments, and nonprofit organi- ‘‘(B) could be approved for Federal contribu- that title. zations); tion under the Federal grant program if funds ‘‘(B) EXECUTIVE DIRECTOR.—The executive di- ‘‘(2) to assist the region in obtaining the job were available under the law for the project. rector shall be responsible for— training, employment-related education, and ‘‘(2) CERTIFICATION BY AUTHORITY.— ‘‘(i) the carrying out of the administrative du- business development (with an emphasis on en- ‘‘(A) IN GENERAL.—The certifications and de- ties of the Authority; trepreneurship) that are needed to build and terminations required to be made by the Author- ‘‘(ii) direction of the Authority staff; and maintain strong local economies; ity for approval of projects under this Act in ac- ‘‘(iii) such other duties as the Authority may ‘‘(3) to provide assistance to severely dis- cordance with section 387I— assign. tressed and underdeveloped areas that lack fi- ‘‘(i) shall be controlling; and ‘‘(C) NO FEDERAL EMPLOYEE STATUS.—No nancial resources for improving basic public ‘‘(ii) shall be accepted by the Federal agen- member, alternate, officer, or employee of the services; cies.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00106 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.016 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1085

‘‘(B) ACCEPTANCE BY FEDERAL COCHAIR- ‘‘(2) serve as a liaison between State, tribal, government of the State in which the isolated PERSON.—In the case of any project described in and local governments, nonprofit organizations area of distress is located. paragraph (1), any finding, report, certification, (including community-based groups and edu- ‘‘(d) TRANSPORTATION, TELECOMMUNICATION, or documentation required to be submitted with cational institutions), the business community, AND BASIC PUBLIC INFRASTRUCTURE.—The Au- respect to the project to the head of the depart- and citizens that— thority shall allocate at least 50 percent of any ment, agency, or instrumentality of the Federal ‘‘(A) are involved in multijurisdictional plan- funds made available under section 387M for Government responsible for the administration ning; transportation, telecommunication, and basic of the Federal grant program under which the ‘‘(B) provide technical assistance to local ju- public infrastructure projects authorized under project is carried out shall be accepted by the risdictions and potential grantees; and paragraphs (1) and (3) of section 387C(a). Federal cochairperson. ‘‘(C) provide leadership and civic development ‘‘SEC. 387G. DEVELOPMENT PLANNING PROCESS. ‘‘SEC. 387E. LOCAL DEVELOPMENT DISTRICTS assistance. ‘‘(a) STATE DEVELOPMENT PLAN.—In accord- AND ORGANIZATIONS AND NORTH- ‘‘(d) NORTHERN GREAT PLAINS INC.—Northern ance with policies established by the Authority, ERN GREAT PLAINS INC. Great Plains Inc., a nonprofit corporation incor- each State member shall submit a development ‘‘(a) DEFINITION OF LOCAL DEVELOPMENT DIS- porated in the State of Minnesota to implement plan for the area of the region represented by TRICT.—In this section, the term ‘local develop- the recommendations of the Northern Great the State member. ment district’ means an entity— Plains Rural Development Commission estab- ‘‘(b) CONTENT OF PLAN.—A State development ‘‘(1) that— lished by the Northern Great Plains Rural De- plan submitted under subsection (a) shall reflect ‘‘(A) is a planning district in existence on the velopment Act (7 U.S.C. 2661 note; Public Law the goals, objectives, and priorities identified in date of enactment of this subtitle that is recog- 103–318)— the regional development plan developed under nized by the Economic Development Administra- ‘‘(1) shall serve as an independent, primary section 387B(d)(2). tion of the Department of Commerce; or resource for the Authority on issues of concern ‘‘(c) CONSULTATION WITH INTERESTED LOCAL ‘‘(B) is— to the region; PARTIES.—In carrying out the development ‘‘(i) organized and operated in a manner that ‘‘(2) shall advise the Authority on develop- planning process (including the selection of pro- ensures broad-based community participation ment of international trade; grams and projects for assistance), a State ‘‘(3) may provide research, education, train- and an effective opportunity for other nonprofit may— groups to contribute to the development and im- ing, and other support to the Authority; and ‘‘(1) consult with— ‘‘(4) may carry out other activities on its own plementation of programs in the region; ‘‘(A) local development districts; and behalf or on behalf of other entities. ‘‘(ii) governed by a policy board with at least ‘‘(B) local units of government; and a simple majority of members consisting of— ‘‘SEC. 387F. DISTRESSED COUNTIES AND AREAS ‘‘(2) take into consideration the goals, objec- ‘‘(I) elected officials or employees of a general AND NONDISTRESSED COUNTIES. tives, priorities, and recommendations of the en- purpose unit of local government who have been ‘‘(a) DESIGNATIONS.—Not later than 90 days tities described in paragraph (1). appointed to represent the government; or after the date of enactment of this subtitle, and ‘‘(d) PUBLIC PARTICIPATION.— ‘‘(II) individuals appointed by the general annually thereafter, the Authority, in accord- ‘‘(1) IN GENERAL.—The Authority and applica- purpose unit of local government to represent ance with such criteria as the Authority may es- ble State and local development districts shall the government; tablish, shall designate— encourage and assist, to the maximum extent ‘‘(iii) certified to the Authority as having a ‘‘(1) as distressed counties, counties in the re- practicable, public participation in the develop- charter or authority that includes the economic gion that are the most severely and persistently ment, revision, and implementation of all plans development of counties or parts of counties or distressed and underdeveloped and have high and programs under this subtitle. other political subdivisions within the region— rates of poverty, unemployment, or outmigra- ‘‘(2) REGULATIONS.—The Authority shall de- ‘‘(I) by the Governor of each State in which tion; velop guidelines for providing public participa- the entity is located; or ‘‘(2) as nondistressed counties, counties in the tion described in paragraph (1), including public ‘‘(II) by the State officer designated by the ap- region that are not designated as distressed hearings. propriate State law to make the certification; counties under paragraph (1); and and ‘‘(3) as isolated areas of distress, areas located ‘‘SEC. 387H. PROGRAM DEVELOPMENT CRITERIA. ‘‘(iv)(I) a nonprofit incorporated body orga- in nondistressed counties (as designated under ‘‘(a) IN GENERAL.—In considering programs nized or chartered under the law of the State in paragraph (2)) that have high rates of poverty, and projects to be provided assistance under this which the entity is located; unemployment, or outmigration. subtitle, and in establishing a priority ranking ‘‘(II) a nonprofit agency or instrumentality of ‘‘(b) DISTRESSED COUNTIES.— of the requests for assistance provided to the a State or local government; ‘‘(1) IN GENERAL.—The Authority shall allo- Authority, the Authority shall follow procedures ‘‘(III) a public organization established before cate at least 75 percent of the appropriations that ensure, to the maximum extent practicable, the date of enactment of this subtitle under made available under section 387M for programs consideration of— State law for creation of multi-jurisdictional, and projects designed to serve the needs of dis- ‘‘(1) the relationship of the project or class of area-wide planning organizations; or tressed counties and isolated areas of distress in projects to overall regional development; ‘‘(IV) a nonprofit association or combination the region. ‘‘(2) the per capita income and poverty and of bodies, agencies, and instrumentalities de- ‘‘(2) FUNDING LIMITATIONS.—The funding limi- unemployment and outmigration rates in an scribed in subclauses (I) through (III); and tations under section 387D(b) shall not apply to area; ‘‘(2) that has not, as certified by the Federal a project to provide transportation or tele- ‘‘(3) the financial resources available to the cochairperson— communication or basic public services to resi- applicants for assistance seeking to carry out ‘‘(A) inappropriately used Federal grant dents of 1 or more distressed counties or isolated the project, with emphasis on ensuring that funds from any Federal source; or areas of distress in the region. projects are adequately financed to maximize ‘‘(B) appointed an officer who, during the pe- ‘‘(c) NONDISTRESSED COUNTIES.— the probability of successful economic develop- riod in which another entity inappropriately ‘‘(1) IN GENERAL.—Except as provided in this ment; used Federal grant funds from any Federal subsection, no funds shall be provided under ‘‘(4) the importance of the project or class of source, was an officer of the other entity. this subtitle for a project located in a county projects in relation to other projects or classes of ‘‘(b) GRANTS TO LOCAL DEVELOPMENT DIS- designated as a nondistressed county under sub- projects that may be in competition for the same TRICTS.— section (a)(2). funds; ‘‘(1) IN GENERAL.—The Authority may make ‘‘(2) EXCEPTIONS.— ‘‘(5) the prospects that the project for which grants for administrative expenses under this ‘‘(A) IN GENERAL.—The funding prohibition assistance is sought will improve, on a con- section. under paragraph (1) shall not apply to grants to tinuing rather than a temporary basis, the op- ‘‘(2) CONDITIONS FOR GRANTS.— fund the administrative expenses of local devel- portunities for employment, the average level of ‘‘(A) MAXIMUM AMOUNT.—The amount of any opment districts under section 387E(b). income, or the economic development of the area grant awarded under paragraph (1) shall not ‘‘(B) MULTICOUNTY PROJECTS.—The Authority to be served by the project; and exceed 80 percent of the administrative expenses may waive the application of the funding prohi- ‘‘(6) the extent to which the project design of the local development district receiving the bition under paragraph (1) to— provides for detailed outcome measurements by grant. ‘‘(i) a multicounty project that includes par- which grant expenditures and the results of the ‘‘(B) MAXIMUM PERIOD.—No grant described ticipation by a nondistressed county; or expenditures may be evaluated. in paragraph (1) shall be awarded to a State ‘‘(ii) any other type of project; ‘‘(b) NO RELOCATION ASSISTANCE.—No finan- agency certified as a local development district if the Authority determines that the project cial assistance authorized by this subtitle shall for a period greater than 3 years. could bring significant benefits to areas of the be used to assist a person or entity in relocating ‘‘(C) LOCAL SHARE.—The contributions of a region outside a nondistressed county. from one area to another, except that financial local development district for administrative ex- ‘‘(C) ISOLATED AREAS OF DISTRESS.—For a des- assistance may be used as otherwise authorized penses may be in cash or in kind, fairly evalu- ignation of an isolated area of distress for as- by this title to attract businesses from outside ated, including space, equipment, and services. sistance to be effective, the designation shall be the region to the region. ‘‘(c) DUTIES OF LOCAL DEVELOPMENT DIS- supported— ‘‘(c) MAINTENANCE OF EFFORT.—Funds may TRICTS.—A local development district shall— ‘‘(i) by the most recent Federal data available; be provided for a program or project in a State ‘‘(1) operate as a lead organization serving or under this subtitle only if the Authority deter- multicounty areas in the region at the local ‘‘(ii) if no recent Federal data are available, mines that the level of Federal or State financial level; and by the most recent data available through the assistance provided under a law other than this

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00107 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.016 pfrm01 PsN: S25PT1 S1086 CONGRESSIONAL RECORD — SENATE February 25, 2002 subtitle, for the same type of program or project under subsection (a) for a fiscal year shall be 1996 (7 U.S.C. 2204f(c)(1)(A)(ii)(II)) is amended in the same area of the State within the region, used for administrative expenses of the Author- by striking ‘‘subtitle G of title XVI and’’. will not be reduced as a result of funds made ity. SEC. 652. TELEMEDICINE AND DISTANCE LEARN- available by this subtitle. ‘‘(c) MINIMUM STATE SHARE OF GRANTS.—Not- ING SERVICES IN RURAL AREAS. ‘‘SEC. 387I. APPROVAL OF DEVELOPMENT PLANS withstanding any other provision of this sub- (a) IN GENERAL.—Section 2335A of the Food, AND PROJECTS. title, for any fiscal year, the aggregate amount Agriculture, Conservation, and Trade Act of ‘‘(a) IN GENERAL.—A State or regional devel- of grants received by a State and all persons or 1990 (7 U.S.C. 950aaa–5) is amended by striking opment plan or any multistate subregional plan entities in the State under this subtitle shall be ‘‘2002’’ and inserting ‘‘2006’’. that is proposed for development under this sub- not less than 1⁄3 of the product obtained by (b) CONFORMING AMENDMENT.—Section 1(b) of title shall be reviewed by the Authority. multiplying— Public Law 102–551 (7 U.S.C. 950aaa note) is ‘‘(b) EVALUATION BY STATE MEMBER.—An ap- ‘‘(1) the aggregate amount of grants under amended by striking ‘‘1997’’ and inserting plication for a grant or any other assistance for this subtitle for the fiscal year; and ‘‘2006’’. a project under this subtitle shall be made ‘‘(2) the ratio that— Subtitle E—Rural Electrification Act of 1936 through and evaluated for approval by the State ‘‘(A) the population of the State (as deter- mined by the Secretary of Commerce based on SEC. 661. GUARANTEES FOR BONDS AND NOTES member of the Authority representing the appli- ISSUED FOR ELECTRIFICATION OR cant. the most recent decennial census for which data TELEPHONE PURPOSES. ‘‘(c) CERTIFICATION.—An application for a are available); bears to (a) IN GENERAL.—The Rural Electrification grant or other assistance for a project shall be ‘‘(B) the population of the region (as so deter- Act of 1936 is amended by inserting after section approved only on certification by the State mined). 313 (7 U.S.C. 940c) the following: member that the application for the project— ‘‘SEC. 387N. TERMINATION OF AUTHORITY. ‘‘SEC. 313A. GUARANTEES FOR BONDS AND NOTES ‘‘(1) describes ways in which the project com- ‘‘The authority provided by this subtitle ter- ISSUED FOR ELECTRIFICATION OR plies with any applicable State development minates effective October 1, 2006.’’. TELEPHONE PURPOSES. plan; Subtitle D—Food, Agriculture, Conservation, ‘‘(a) IN GENERAL.—Subject to subsection (b), ‘‘(2) meets applicable criteria under section and Trade Act of 1990 the Secretary shall guarantee payments on 387H; bonds or notes issued by cooperative or other ‘‘(3) provides adequate assurance that the SEC. 651. ALTERNATIVE AGRICULTURAL RE- lenders organized on a not-for-profit basis if the proposed project will be properly administered, SEARCH AND COMMERCIALIZATION CORPORATION. proceeds of the bonds or notes are used for elec- operated, and maintained; and trification or telephone projects eligible for as- ‘‘(4) otherwise meets the requirements of this (a) REPEAL OF CORPORATION AUTHORIZA- sistance under this Act, including the refi- subtitle. TION.—Subtitle G of title XVI of the Food, Agri- nancing of bonds or notes issued for such ‘‘(d) VOTES FOR DECISIONS.—On certification culture, Conservation, and Trade Act of 1990 (7 by a State member of the Authority of an appli- U.S.C. 5901 et seq.) is repealed. projects. ‘‘(b) LIMITATIONS.— cation for a grant or other assistance for a spe- (b) DISPOSITION OF ASSETS.—On the date of ‘‘(1) OUTSTANDING LOANS.—A lender shall not cific project under this section, an affirmative enactment of this Act— receive a guarantee under this section for a vote of the Authority under section 387B(c) shall (1) the assets, both tangible and intangible, of bond or note if, at the time of the guarantee, the be required for approval of the application. the Alternative Agricultural Research and Com- mercialization Corporation (referred to in this total principal amount of such guaranteed ‘‘SEC. 387J. CONSENT OF STATES. section as the ‘‘Corporation’’), including the bonds or notes outstanding of the lender would ‘‘Nothing in this subtitle requires any State to funds in the Alternative Agricultural Research exceed the principal amount of outstanding engage in or accept any program under this sub- and Commercialization Revolving Fund as of loans of the lender for electrification or tele- title without the consent of the State. the date of enactment of this Act, are trans- phone purposes that have been made concur- ‘‘SEC. 387K. RECORDS. ferred to the Secretary of Agriculture; and rently with loans approved for such purposes ‘‘(a) RECORDS OF THE AUTHORITY.— (2) notwithstanding the Federal Property and under this Act. ‘‘(1) IN GENERAL.—The Authority shall main- Administrative Services Act of 1949 (40 U.S.C. ‘‘(2) GENERATION OF ELECTRICITY.—The Sec- tain accurate and complete records of all trans- 471 et seq.), the Secretary shall have authority retary shall not guarantee payment on a bond actions and activities of the Authority. to manage and dispose of the assets transferred or note issued by a lender, the proceeds of which ‘‘(2) AVAILABILITY.—All records of the Au- under paragraph (1) in a manner that, to the are used for the generation of electricity. thority shall be available for audit and exam- maximum extent practicable, provides the great- ‘‘(3) QUALIFICATIONS.—The Secretary may ination by the Comptroller General of the est return on investment. deny the request of a lender for the guarantee United States and the Inspector General of the (c) USE OF ASSETS.— of a bond or note under this section if the Sec- Department of Agriculture (including author- (1) IN GENERAL.—Funds transferred under retary determines that— ized representatives of the Comptroller General subsection (b), and any income from assets or ‘‘(A) the lender does not have appropriate ex- and the Inspector General of the Department of proceeds from the sale of assets transferred pertise or experience or is otherwise not quali- Agriculture). under subsection (b), shall be deposited into an fied to make loans for electrification or tele- ‘‘(b) RECORDS OF RECIPIENTS OF FEDERAL AS- account in the Treasury, and shall remain phone purposes; SISTANCE.— available to the Secretary until expended, with- ‘‘(B) the bond or note issued by the lender is ‘‘(1) IN GENERAL.—A recipient of Federal out further appropriation, to pay— not of reasonable and sufficient quality; or funds under this subtitle shall, as required by (A) any outstanding claims or obligations of ‘‘(C) the lender has not provided sufficient the Authority, maintain accurate and complete the Corporation; and evidence that the proceeds of the bond or note records of transactions and activities financed (B) the costs incurred by the Secretary in car- are used for eligible projects described in sub- with Federal funds and report to the Authority rying out this section. section (a). on the transactions and activities to the Author- (2) FINAL DISPOSITION.—On final disposition ‘‘(4) INTEREST RATE REDUCTION.— ity. of all assets transferred under subsection (b), ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(2) AVAILABILITY.—All records required any funds remaining in the account described in paragraph (B), a lender may not use any under paragraph (1) shall be available for audit paragraph (1) shall be transferred into miscella- amount obtained from the reduction in funding by the Comptroller General of the United States, neous receipts in the Treasury. costs as a result of the guarantee of a bond or the Inspector General of the Department of Ag- (d) CONFORMING AMENDMENTS.— note under this section to reduce the interest riculture, and the Authority (including author- (1) The following provisions are repealed: rate on a new or outstanding loan. ized representatives of the Comptroller General, (A) Section 730 of the Federal Agriculture Im- ‘‘(B) CONCURRENT LOANS.—A lender may use the Inspector General of the Department of Ag- provement and Reform Act of 1996 (7 U.S.C. 5902 any amount described in subparagraph (A) to riculture, and the Authority). note; Public Law 104–127). reduce the interest rate on a loan if the loan is— ‘‘(c) ANNUAL AUDIT.—The Inspector General (B) Section 9101(3)(Q) of title 31, United States ‘‘(i) made by the lender for electrification or of the Department of Agriculture shall audit the Code. telephone projects that are eligible for assistance activities, transactions, and records of the Au- (2) Section 401(c) of the Agricultural Re- under this Act; and thority on an annual basis. search, Education, and Extension Reform Act of ‘‘(ii) made concurrently with a loan approved ‘‘SEC. 387L. ANNUAL REPORT. 1998 (7 U.S.C. 7621(c)) is amended by striking by the Secretary under this Act for such a ‘‘Not later than 180 days after the end of each paragraph (1) and inserting the following: project, as provided in section 307. fiscal year, the Authority shall submit to the ‘‘(1) CRITICAL EMERGING ISSUES.—Subject to ‘‘(c) FEES.— President and to Congress a report describing paragraph (2), the Secretary shall use the funds ‘‘(1) IN GENERAL.—A lender that receives a the activities carried out under this subtitle. in the Account for research, extension, and edu- guarantee issued under this section on a bond ‘‘SEC. 387M. AUTHORIZATION OF APPROPRIA- cation grants (referred to in this section as or note shall pay a fee to the Secretary. TIONS. ‘grants’) to address critical emerging agricul- ‘‘(2) AMOUNT.—The amount of an annual fee ‘‘(a) IN GENERAL.—There is authorized to be tural issues related to— paid for the guarantee of a bond or note under appropriated to the Authority to carry out this ‘‘(A) future food production; this section shall be equal to 30 basis points of subtitle $30,000,000 for each of fiscal years 2002 ‘‘(B) environmental quality and natural re- the amount of the unpaid principal of the bond through 2006, to remain available until ex- source management; or or note guaranteed under this section. pended. ‘‘(C) farm income.’’. ‘‘(3) PAYMENT.—A lender shall pay the fees re- ‘‘(b) ADMINISTRATIVE EXPENSES.—Not more (3) Section 793(c)(1)(A)(ii)(II) of the Federal quired under this subsection on a semiannual than 5 percent of the amount appropriated Agriculture Improvement and Reform Act of basis.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00108 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.016 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1087

‘‘(4) RURAL ECONOMIC DEVELOPMENT SUB- (2) by inserting after paragraph (9) the fol- ital facilities (including acquisition of fixtures ACCOUNT.—Subject to subsection (e)(2), fees col- lowing: and equipment) in accordance with this section. lected under this subsection shall be— ‘‘(10) INSULAR AREA.—The term ‘insular area’ ‘‘(b) ELIGIBLE INSTITUTIONS.—The following ‘‘(A) deposited into the rural economic devel- means— institutions are eligible to compete for grants opment subaccount maintained under section ‘‘(A) the Commonwealth of Puerto Rico; under subsection (a): 313(b)(2)(A), to remain available until expended; ‘‘(B) Guam; ‘‘(1) A State cooperative institution. and ‘‘(C) American Samoa; ‘‘(2) A Hispanic-serving institution. ‘‘(c) CRITERIA FOR AWARD.—The Secretary ‘‘(B) used for the purposes described in section ‘‘(D) the Commonwealth of the Northern Mar- shall award grants to support the national re- 313(b)(2)(B). iana Islands; search purposes specified in section 1402 in a ‘‘(d) GUARANTEES.— ‘‘(E) the Federated States of Micronesia; manner determined by the Secretary. ‘‘(1) IN GENERAL.—A guarantee issued under ‘‘(F) the Republic of the Marshall Islands; ‘‘(d) MATCHING.— this section shall— ‘‘(G) the Republic of Palau; and ‘‘(1) IN GENERAL.—The Secretary may estab- ‘‘(A) be for the full amount of a bond or note, ‘‘(H) the Virgin Islands of the United lish such matching requirements for grants including the amount of principal, interest, and States.’’; and under subsection (a) as the Secretary considers call premiums; (3) by striking paragraph (13) (as so redesig- appropriate. ‘‘(B) be fully assignable and transferable; and nated) and inserting the following: ‘‘(2) FORM OF MATCH.—Matching requirements ‘‘(C) represent the full faith and credit of the ‘‘(13) STATE.—The term ‘State’ means— established by the Secretary may be met with United States. ‘‘(A) a State; unreimbursed indirect costs and in-kind con- ‘‘(2) LIMITATION.—To ensure that the Sec- ‘‘(B) the District of Columbia; and tributions. retary has the resources necessary to properly ‘‘(C) any insular area.’’. ‘‘(3) EVALUATION PREFERENCE.—The Secretary examine the proposed guarantees, the Secretary (b) EFFECT OF AMENDMENTS.—The amend- may include an evaluation preference for may limit the number of guarantees issued ments made by subsection (a) shall not affect projects for which the applicant proposes funds under this section if the number of such guaran- any basis for distribution of funds by formula for the direct costs of a project to meet the re- tees exceeds 5 per year. (in effect on the date of enactment of this Act) quired match. ‘‘(3) DEPARTMENT OPINION.—On the timely re- to— ‘‘(e) TARGETED INSTITUTIONS.—The Secretary quest of an eligible lender, the General Counsel (1) the Federated States of Micronesia; may determine that a portion of funds made of the Department of Agriculture shall provide (2) the Republic of the Marshall Islands; or available to carry out this section shall be tar- the Secretary with an opinion regarding the va- (3) the Republic of Palau. geted to particular eligible institutions to en- lidity and authority of a guarantee issued to the SEC. 702. NATIONAL AGRICULTURAL RESEARCH, hance the capacity of the eligible institutions to lender under this section. EXTENSION, EDUCATION, AND ECO- carry out research. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— NOMICS ADVISORY BOARD. ‘‘(f) ADMINISTRATION.— ‘‘(1) IN GENERAL.—There are authorized to be Section 1408(h) of the National Agricultural ‘‘(1) REGULATIONS.—The Secretary shall pro- appropriated such sums as are necessary to Research, Extension, and Teaching Policy Act mulgate such regulations as are necessary to carry out this section. of 1977 (7 U.S.C. 3123(h)) is amended by striking carry out this section. ‘‘(2) FEES.—To the extent that the amount of ‘‘2002’’ and inserting ‘‘2006’’. ‘‘(2) STATES WITH MORE THAN 1 ELIGIBLE INSTI- TUTION.—In a State having more than 1 eligible funds appropriated for a fiscal year under para- SEC. 703. GRANTS AND FELLOWSHIPS FOR FOOD graph (1) are not sufficient to carry out this sec- AND AGRICULTURAL SCIENCES EDU- institution, the Secretary shall establish proce- tion, the Secretary may use up to 1⁄3 of the fees CATION. dures in accordance with the purposes specified collected under subsection (c) for the cost of pro- Section 1417 of the National Agricultural Re- in section 1402 to ensure that the facility pro- viding guarantees of bonds and notes under this search, Extension, and Teaching Policy Act of posals of the eligible institutions in the State section before depositing the remainder of the 1977 (7 U.S.C. 3152) is amended— provide for a coordinated food and agricultural fees into the rural economic development sub- (1) in subsection (a)— research program among eligible institutions in account maintained under section 313(b)(2)(A). (A) by striking ‘‘and’’ after ‘‘economics,’’; and the State. ‘‘(f) TERMINATION.—The authority provided (B) by inserting ‘‘, and rural economic, com- ‘‘(g) APPLICABILITY OF THE FEDERAL ADVI- under this section shall terminate on September munity, and business development’’ before the SORY COMMITTEE ACT.—The Federal Advisory 30, 2006.’’. period; Committee Act (5 U.S.C. App.) and title XVIII of (b) ADMINISTRATION.— (2) in subsection (b)— the Food and Agriculture Act of 1977 (7 U.S.C. (1) REGULATIONS.—Not later than 180 days (A) in paragraph (1), by inserting ‘‘, or in 2281 et seq.) shall not apply to a panel or board after the date of enactment of this Act, the Sec- rural economic, community, and business devel- created solely for the purpose of reviewing ap- retary of Agriculture shall promulgate regula- opment’’ before the semicolon; plications or proposals submitted under this sec- tions to carry out the amendments made by this (B) in paragraph (2), by inserting ‘‘, or in tion. ‘‘(h) ADVISORY BOARD.—In carrying out this section. rural economic, community, and business devel- section, the Secretary shall consult with the Ad- (2) IMPLEMENTATION.—Not later than 240 days opment’’ before the semicolon; after the date of enactment of this Act, the Sec- visory Board. (C) in paragraph (3), by inserting ‘‘, or teach- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— retary shall implement the amendment made by ing programs emphasizing rural economic, com- There are authorized to be appropriated such this section. munity, and business development’’ before the sums as are necessary to carry out this section SEC. 662. EXPANSION OF 911 ACCESS. semicolon; for each of fiscal years 2002 through 2006.’’. (D) in paragraph (4), by inserting ‘‘, or pro- Title III of the Rural Electrification Act of SEC. 705. GRANTS FOR RESEARCH ON THE PRO- 1936 (7 U.S.C. 931 et seq.) is amended by adding grams emphasizing rural economic, community, DUCTION AND MARKETING OF ALCO- the following: and business development,’’ after ‘‘programs’’; HOLS AND INDUSTRIAL HYDRO- ‘‘SEC. 315. EXPANSION OF 911 ACCESS. and CARBONS FROM AGRICULTURAL COMMODITIES AND FOREST PROD- ‘‘(a) IN GENERAL.—Subject to such terms and (E) in paragraph (5), by inserting ‘‘, or profes- UCTS. conditions as the Secretary may prescribe, the sionals in rural economic, community, and busi- ness development’’ before the semicolon; Section 1419(d) of the National Agricultural Secretary may make telephone loans under this Research, Extension, and Teaching Policy Act title to State or local governments, Indian tribes (3) in subsection (d)— (A) in paragraph (1), by inserting ‘‘, or in of 1977 (7 U.S.C. 3154(d)) is amended by striking (as defined in section 4 of the Indian Self-Deter- ‘‘2002’’ and inserting ‘‘2006’’. mination and Education Assistance Act (25 rural economic, community, and business devel- SEC. 706. POLICY RESEARCH CENTERS. U.S.C. 450b)), or other public entities for facili- opment,’’ after ‘‘sciences’’; and Section 1419A of the National Agricultural Re- ties and equipment to expand 911 access in un- (B) in paragraph (2), by inserting ‘‘, or in the search, Extension, and Teaching Policy Act of derserved rural areas. rural economic, community, and business devel- opment workforce,’’ after ‘‘workforce’’; and 1977 (7 U.S.C. 3155) is amended— ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (1) in subsection (c)(3), by striking ‘‘collect There are authorized to be appropriated such (4) in subsection (l), by striking ‘‘2002’’ and inserting ‘‘2006’’. and analyze’’ and inserting ‘‘collect, analyze, sums as are necessary to carry out this sec- and disseminate’’; and tion.’’. SEC. 704. COMPETITIVE RESEARCH FACILITIES GRANT PROGRAM. (2) in subsection (d), by striking ‘‘2002’’ and TITLE VII—AGRICULTURAL RESEARCH, inserting ‘‘2006’’. The National Agricultural Research, Exten- EDUCATION, AND EXTENSION AND RE- sion, and Teaching Policy Act of 1977 is amend- SEC. 707. HUMAN NUTRITION INTERVENTION LATED MATTERS AND HEALTH PROMOTION RE- ed by inserting after section 1417 (7 U.S.C. 3152) Subtitle A—National Agricultural Research, SEARCH PROGRAM. the following: Section 1424(d) of the National Agricultural Extension, and Teaching Policy Act of 1977 ‘‘SEC. 1417A. COMPETITIVE RESEARCH FACILITIES Research, Extension, and Teaching Policy Act SEC. 701. DEFINITIONS. GRANT PROGRAM. of 1977 (7 U.S.C. 3174(d)) is amended by striking (a) IN GENERAL.—Section 1404 of the National ‘‘(a) AUTHORITY.—The Secretary may award ‘‘2002’’ and inserting ‘‘2006’’. Agricultural Research, Extension, and Teaching grants to eligible institutions on a competitive SEC. 708. PILOT RESEARCH PROGRAM TO COM- Policy Act of 1977 (7 U.S.C. 3103) is amended— basis for the construction, acquisition, mod- BINE MEDICAL AND AGRICULTURAL (1) by redesignating paragraphs (10) through ernization, renovation, alteration, and remod- RESEARCH. (17) as paragraphs (11) through (18), respec- eling of food and agricultural research facilities Section 1424A(d) of the National Agricultural tively; such as buildings, laboratories, and other cap- Research, Extension, and Teaching Policy Act

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00109 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.017 pfrm01 PsN: S25PT1 S1088 CONGRESSIONAL RECORD — SENATE February 25, 2002 of 1977 (7 U.S.C. 3174a(d)) is amended by strik- and inserting ‘‘$1,500,000,000 for each of fiscal ‘‘(1) the post-award grant administration reg- ing ‘‘2002’’ and inserting ‘‘2006’’. years 2002 through 2006’’; and ulations and indirect cost rates applicable to re- SEC. 709. NUTRITION EDUCATION PROGRAM. (2) in subsection (b), by striking ‘‘2002’’ and cipients of grants from the Secretary; or Section 1425(c)(3) of the National Agricultural inserting ‘‘2006’’. ‘‘(2) the post-award grant administration reg- Research, Extension, and Teaching Policy Act SEC. 717. EXTENSION EDUCATION. ulations and indirect cost rates applicable to re- of 1977 (7 U.S.C. 3175(c)(3)) is amended by strik- Section 1464 of the National Agricultural Re- cipients of grants from the cooperating Federal ing ‘‘2002’’ and inserting ‘‘2006’’. search, Extension, and Teaching Policy Act of agency. ‘‘(e) JOINT PEER REVIEW PANELS.—Subject to SEC. 710. ANIMAL HEALTH AND DISEASE RE- 1977 (7 U.S.C. 3312) is amended by striking SEARCH PROGRAMS. ‘‘$420,000,000’’ and all that follows and inserting section 1413B, the Secretary and a cooperating Section 1433(a) of the National Agricultural the following: ‘‘$500,000,000 for each of fiscal Federal agency may establish joint peer review Research, Extension, and Teaching Policy Act years 2002 through 2006.’’. panels for the purpose of evaluating grant pro- of 1977 (7 U.S.C. 3195(a)) is amended in the first SEC. 718. AVAILABILITY OF COMPETITIVE GRANT posals.’’. sentence by striking ‘‘2002’’ and inserting FUNDS. SEC. 720. SUPPLEMENTAL AND ALTERNATIVE ‘‘2006’’. The National Agricultural Research, Exten- CROPS. Section 1473D(a) of the National Agricultural SEC. 711. RESEARCH ON NATIONAL OR REGIONAL sion, and Teaching Policy Act of 1977 is amend- PROBLEMS. ed by inserting after section 1469 (7 U.S.C. 3315) Research, Extension, and Teaching Policy Act Section 1434(a) of the National Agricultural the following: of 1977 (7 U.S.C. 3319d(a)) is amended by strik- Research, Extension, and Teaching Policy Act ‘‘SEC. 1469A. AVAILABILITY OF COMPETITIVE ing ‘‘2002’’ and inserting ‘‘2006’’. of 1977 (7 U.S.C. 3196(a)) is amended by striking GRANT FUNDS. SEC. 721. AQUACULTURE. ‘‘2002’’ and inserting ‘‘2006’’. ‘‘Except as otherwise provided by law, funds Section 1477 of the National Agricultural Re- SEC. 712. EDUCATION GRANTS PROGRAMS FOR made available to the Secretary to carry out a search, Extension, and Teaching Policy Act of HISPANIC-SERVING INSTITUTIONS. competitive agricultural research, education, or 1977 (7 U.S.C. 3324) is amended in the first sen- Section 1455(c) of the National Agricultural extension grant program under this or any other tence by striking ‘‘2002’’ and inserting ‘‘2006’’. Research, Extension, and Teaching Policy Act Act shall be available for obligation for a 2-year SEC. 722. RANGELAND RESEARCH. of 1977 (7 U.S.C. 3241(c)) is amended by striking period beginning on October 1 of the fiscal year Section 1483(a) of the National Agricultural ‘‘2002’’ and inserting ‘‘2006’’. for which the funds are made available.’’. Research, Extension, and Teaching Policy Act SEC. 713. COMPETITIVE GRANTS FOR INTER- SEC. 719. JOINT REQUESTS FOR PROPOSALS. of 1977 (7 U.S.C. 3336(a)) is amended by striking NATIONAL AGRICULTURAL SCIENCE (a) PURPOSES.—The purposes of this section ‘‘2002’’ and inserting ‘‘2006’’. AND EDUCATION PROGRAMS. are— SEC. 723. BIOSECURITY PLANNING AND RE- Section 1459A(c) of the National Agricultural (1) to reduce the duplication of administrative SPONSE PROGRAMS. Research, Extension, and Teaching Policy Act functions relating to grant awards and adminis- (a) IN GENERAL.—The National Agricultural of 1977 (7 U.S.C. 3292b(c)) is amended by strik- tration among Federal agencies conducting simi- Research, Extension, and Teaching Policy Act ing ‘‘2002’’ and inserting ‘‘2006’’. lar types of research, education, and extension of 1977 (7 U.S.C. 3101 et seq.) is amended by add- SEC. 714. INDIRECT COSTS. programs; ing at the end the following: (2) to maximize the use of peer review re- Section 1462 of the National Agricultural Re- ‘‘Subtitle N—Biosecurity sources in research, education, and extension search, Extension, and Teaching Policy Act of ‘‘CHAPTER 1—AGRICULTURE 1977 (7 U.S.C. 3310) is amended— programs; and (3) to reduce the burden on potential recipi- INFRASTRUCTURE SECURITY (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Except’’; ents that may offer similar proposals to receive ‘‘SEC. 1484. DEFINITIONS. (2) by striking ‘‘19 percent’’ and all that fol- competitive grants under different Federal pro- ‘‘In this chapter: lows and inserting ‘‘the negotiated indirect cost grams in overlapping subject areas. ‘‘(1) AGRICULTURAL RESEARCH FACILITY.—The rate established for an institution by the cog- (b) AUTHORITY.—The National Agricultural term ‘agricultural research facility’ means a nizant Federal audit agency for the institu- Research, Extension, and Teaching Policy Act facility— tion.’’; and of 1977 is amended by inserting after section ‘‘(A) at which agricultural research is regu- (3) by adding at the end the following: 1473A (7 U.S.C. 3319a) the following: larly carried out or proposed to be carried out; ‘‘(b) EXCEPTION.—Subsection (a) shall not ‘‘SEC. 1473B. JOINT REQUESTS FOR PROPOSALS. and apply to a grant awarded competitively under ‘‘(a) IN GENERAL.—In carrying out any com- ‘‘(B) that is— section 9 of the Small Business Act (15 U.S.C. petitive agricultural research, education, or ex- ‘‘(i)(I) an Agricultural Research Service facil- 638).’’. tension grant program authorized under this or ity; ‘‘(II) a Forest Service facility; or SEC. 715. RESEARCH EQUIPMENT GRANTS. any other Act, the Secretary may cooperate with 1 or more other Federal agencies (including the ‘‘(III) an Animal and Plant Health Inspection The National Agricultural Research, Exten- Service facility; sion, and Teaching Policy Act of 1977 is amend- National Science Foundation) in issuing joint requests for proposals, awarding grants, and ad- ‘‘(ii) a Federal agricultural facility in the ed by inserting after section 1462 (7 U.S.C. 3310) process of being planned or being constructed; the following: ministering grants, for similar or related re- search, education, or extension projects or ac- or ‘‘SEC. 1462A. RESEARCH EQUIPMENT GRANTS. tivities. ‘‘(iii) any other facility under the full control ‘‘(a) IN GENERAL.—The Secretary may make ‘‘(b) TRANSFER OF FUNDS.— of the Secretary. competitive grants for the acquisition of special ‘‘(1) SECRETARY.—The Secretary may transfer ‘‘(2) COMMISSION.—The term ‘Commission’ purpose scientific research equipment for use in funds to, or receive funds from, a cooperating means the Agriculture Infrastructure Security the food and agricultural sciences programs of Federal agency for the purpose of carrying out Commission established under section 1486. eligible institutions described in subsection (b). the joint request for proposals, making awards, ‘‘(2) FUND.—The term ‘Fund’ means the Agri- ‘‘(b) ELIGIBLE INSTITUTIONS.—The Secretary or administering grants. culture Infrastructure Security Fund Account may make a grant under this section to— ‘‘(2) COOPERATING AGENCY.—The cooperating established by section 1485. ‘‘(1) a college or university; or Federal agency may transfer funds to, or receive ‘‘SEC. 1485. AGRICULTURE INFRASTRUCTURE SE- ‘‘(2) a State cooperative institution. funds from, the Secretary for the purpose of car- CURITY FUND. ‘‘(c) MAXIMUM AMOUNT.—The amount of a rying out the joint request for proposals, making ‘‘(a) ESTABLISHMENT.—There is established in grant made to an eligible institution under this awards, or administering grants. the Treasury of the United States an account, to section may not exceed $500,000. ‘‘(3) LIMITATIONS.—Funds transferred or re- be known as the ‘Agriculture Infrastructure Se- ‘‘(d) PROHIBITION ON CHARGE OF EQUIPMENT ceived under this subsection shall be— curity Fund Account’, consisting of funds ap- AS INDIRECT COSTS.—The cost of acquisition or ‘‘(A) used only in accordance with the laws propriated to, or deposited into, the Fund under depreciation of equipment purchased with a authorizing the appropriation of the funds; and subsection (c). grant under this section shall not be— ‘‘(B) made available by grant only to recipi- ‘‘(b) PURPOSES.—The purposes of the Fund ‘‘(1) charged as an indirect cost against an- ents that are eligible to receive the grant under are to provide funding to protect and strengthen other Federal grant; or the laws. the Federal food safety and agricultural infra- ‘‘(2) included as part of the indirect cost pool ‘‘(c) ADMINISTRATION.— structure that— for purposes of calculating the indirect cost rate ‘‘(1) SECRETARY.—The Secretary may delegate ‘‘(1) safeguards against animal and plant dis- of an eligible institution. authority to issue requests for proposals, make eases and pests; ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— grant awards, or administer grants, in whole or ‘‘(2) ensures the safety of the food supply; and There is authorized to be appropriated to carry in part, to a cooperating Federal agency. ‘‘(3) ensures sound science in support of food out this section $50,000,000 for each of fiscal ‘‘(2) COOPERATING FEDERAL AGENCY.—The co- and agricultural policy. years 2002 through 2006.’’. operating Federal agency may delegate to the ‘‘(c) DEPOSITS INTO FUND.— SEC. 716. AGRICULTURAL RESEARCH PROGRAMS. Secretary authority to issue requests for pro- ‘‘(1) IN GENERAL.—There are authorized to be Section 1463 of the National Agricultural Re- posals, make grant awards, or administer appropriated to the Fund such sums as are nec- search, Extension, and Teaching Policy Act of grants, in whole or in part. essary for each of fiscal years 2002 through 2006. 1977 (7 U.S.C. 3311) is amended— ‘‘(d) REGULATIONS; RATES.—The Secretary ‘‘(2) CONTRIBUTIONS AND OTHER PROCEEDS.— (1) in subsection (a), by striking ‘‘$850,000,000 and a cooperating Federal agency may agree to The Secretary shall deposit into the Fund any for each of the fiscal years 1991 through 2002’’ make applicable to recipients of grants— funds received—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00110 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.017 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1089 ‘‘(A) as proceeds from the sale of assets under viduals or private entities that do business with ‘‘(II) open to the public; and subsection (e); or the Department or that, for any other reason, ‘‘(ii) the Commission shall— ‘‘(B) as gifts under subsection (f). are considered to be prohibited sources, the Sec- ‘‘(I) keep detailed minutes of each meeting ‘‘(3) AVAILABILITY OF FUNDS.—Amounts in the retary may accept gifts under this subsection if and other appropriate records of the activities of Fund shall remain available until expended the Secretary determines that it is in the public the Commission; and without further Act of appropriation. interest to accept the gift. ‘‘(II) make the minutes and records available ‘‘(4) ADDITIONAL FUNDS.—Funds made avail- ‘‘(3) DISPOSITION OF GIFTS.—The Secretary to the public on request. able under paragraph (1) shall be in addition to shall deposit any gift of funds under this sub- ‘‘(C) EXCEPTION.—When required in the inter- funds otherwise available to the Secretary to re- section into the Fund in accordance with sub- est of national security— ceive gifts and bequests or dispose of property section (c)(2)(B). ‘‘(i) the Chairperson may choose not to give public notice of a meeting; (real, personal, or intangible). ‘‘SEC. 1486. AGRICULTURE INFRASTRUCTURE SE- ‘‘(d) EXPENDITURES FROM FUND.— CURITY COMMISSION. ‘‘(ii) the Chairperson may close all or a por- tion of any meeting to the public, and the min- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(a) ESTABLISHMENT.—The Secretary shall es- on request by the Secretary, the Secretary of the tablish a commission to be known as the ‘Agri- utes of the meeting, or portion of a meeting, Treasury shall transfer from the Fund to the culture Infrastructure Security Commission’ to shall not be made available to the public; and ‘‘(iii) by majority vote, the Commission may Secretary, and the Secretary shall accept and carry out the duties described in subsection (f). redact the minutes of a meeting that was open use without further appropriation, such ‘‘(b) MEMBERSHIP.— to the public. amounts as the Secretary determines to be nec- ‘‘(1) APPOINTMENT.— ‘‘(e) CHAIRPERSON.—The Secretary shall select essary to pay— ‘‘(A) VOTING MEMBERS.— a Chairperson from among the voting members ‘‘(A) the costs of planning, design, develop- ‘‘(i) IN GENERAL.—The Commission shall be of the Commission. ment, construction, acquisition, modernization, composed of 15 voting members, appointed by ‘‘(f) DUTIES.— leasing, and disposal of facilities, equipment, the Secretary in accordance with clause (ii), and technology used by the Department in car- ‘‘(1) IN GENERAL.—The Commission shall— based on nominations solicited from the public. ‘‘(A) advise the Secretary on the uses of the rying out programs relating to the purposes ‘‘(ii) QUALIFICATIONS.—The Secretary shall Fund; specified in subsection (b), notwithstanding the appoint members that— ‘‘(B) review all agricultural research facilities Federal Property and Administrative Services ‘‘(I) represent a balance of the public and pri- for— Act of 1949 (40 U.S.C. 471 et seq.) or any other vate sectors; and ‘‘(i) research importance; and law that prescribes procedures for the procure- ‘‘(II) have combined expertise in— ‘‘(ii) importance to agriculture infrastructure ment, use, or disposal of property or services by ‘‘(aa) facilities development, modernization, security; a Federal agency; construction, security, consolidation, and clo- ‘‘(C) identify any agricultural research facil- ‘‘(B) the costs of specialized services relating sure; ity that should be closed, realigned, consoli- to the purposes specified in subsection (b); ‘‘(bb) plant diseases and pests; dated, or modernized to carry out the research ‘‘(C) the costs of cooperative arrangements ‘‘(cc) animal diseases and pests; agenda of the Secretary and protect agriculture authorized to be entered into (notwithstanding ‘‘(dd) food safety; infrastructure security; chapter 63 of title 31, United States Code) with ‘‘(ee) biosecurity; ‘‘(D) develop recommendations concerning ag- State, local and tribal governments, and other ‘‘(ff) the needs of farmers and ranchers; ricultural research facilities; and public and private entities, to carry out pro- ‘‘(gg) public health; ‘‘(E)(i) evaluate the agricultural research fa- grams relating to the purposes specified in sub- ‘‘(hh) State, local, and tribal government; and cilities acquisition and modernization system section (b); and ‘‘(ii) any other area related to agriculture in- (including acquisitions by gift, grant, or any ‘‘(D) administrative costs incurred in carrying frastructure security, as determined by the Sec- other form of agreement) used by the Depart- out subparagraphs (A) through (C). retary. ment; and ‘‘(2) LIMITATIONS.— ‘‘(B) NONVOTING MEMBERS.—The Commission ‘‘(ii) based on the evaluation, recommend im- ‘‘(A) FEDERAL EMPLOYEES.—Amounts in the shall be composed of the following nonvoting provements to the system. Fund shall not be used to create any new full or members: ‘‘(2) STRATEGIC PLAN.—To assist the Commis- part-time permanent Federal employee position. ‘‘(i) The Secretary. sion in carrying out the duties described in ‘‘(B) ADMINISTRATIVE EXPENSES.—Beginning ‘‘(ii) 4 representatives appointed by the Sec- paragraph (1), the Commission shall use the 10- in fiscal year 2003, not more than 1 percent of retary of Health and Human Services, 1 each year strategic plan prepared by the Strategic the amounts in the Fund on October 1 of a fis- from— Planning Task Force established under section 4 cal year may be used in the fiscal year for ad- ‘‘(I) the Public Health Service; of the Research Facilities Act (7 U.S.C. 390b). ministrative expenses of the Secretary in car- ‘‘(II) the National Institutes of Health; ‘‘(3) REPORT.— rying out the activities described in paragraph ‘‘(III) the Centers for Disease Control and ‘‘(A) IN GENERAL.—Not later than 240 days (1). Prevention; and after the date of enactment of this subtitle, and ‘‘(e) SALE OF ASSETS.— ‘‘(IV) the Food and Drug Administration. each June 1 thereafter, the Commission shall ‘‘(1) DISPOSAL AUTHORITY.—Notwithstanding ‘‘(iii) 1 representative appointed by the Attor- prepare and submit to the Secretary, the Com- the Federal Property and Administrative Serv- ney General. mittee on Agriculture and the Committee on Ap- ices Act of 1949 (40 U.S.C. 471 et seq.), the Sec- ‘‘(iv) 1 representative appointed by the Direc- propriations of the House of Representatives, retary by sale may dispose of all or any part of tor of Homeland Security. and the Committee on Agriculture, Nutrition, any right or title in land (excluding National ‘‘(v) Not more than 4 representatives of the and Forestry and the Committee on Appropria- Forest System land), facilities, or equipment in Department appointed by the Secretary. tions of the Senate, a report on the findings and the full control of the Department used for the ‘‘(2) DATE OF APPOINTMENT.—The appoint- recommendations under paragraph (1). purposes specified in subsection (b). ment of each member of the Commission shall be ‘‘(B) WRITTEN RESPONSE.—Not later than 90 ‘‘(2) DISPOSITION OF PROCEEDS.—Proceeds made not later than 90 days after the date of en- days after the date of receipt of a report from from any sale conducted by the Secretary under actment of this subtitle. the Commission under subparagraph (A), the paragraph (1) shall be deposited into the Fund ‘‘(c) TERM; VACANCIES.— Secretary shall provide to the Commission a in accordance with subsection (c)(2)(A). ‘‘(1) TERM.—The term of office of a member of written response concerning the manner and ex- ‘‘(f) GIFTS.— the Commission shall be 4 years, except that the tent to which the Secretary will implement the ‘‘(1) IN GENERAL.—To carry out the purposes members initially appointed shall be appointed recommendations in the report. specified in subsection (b), the Secretary may to serve staggered terms (as determined by the ‘‘(C) PUBLIC AVAILABILITY.— accept gifts and bequests of funds, property Secretary). ‘‘(i) IN GENERAL.—Subject to clause (ii), the (real, personal, and intangible), equipment, ‘‘(2) VACANCIES.—A vacancy on the Commis- report submitted by the Commission, and any re- services, and other in-kind contributions from sion shall be filled in the same manner as the sponse made by the Secretary, under this sub- State, local, and tribal governments, colleges original appointment was made. section shall be available to the public. and universities, individuals, and other public ‘‘(d) MEETINGS.— ‘‘(ii) EXCEPTION.— and private entities. ‘‘(1) IN GENERAL.—The Commission shall meet ‘‘(I) NATIONAL SECURITY.—The Commission or ‘‘(2) PROHIBITED SOURCE.— at the call of— the Secretary may determine that any report or ‘‘(A) IN GENERAL.—For the purposes of this ‘‘(A) the Chairperson; response, or any portion of a report or response, subsection, the Secretary shall not consider a ‘‘(B) a majority of the voting members of the shall not be publicly released in the interest of State or local government, Indian tribe (as de- Commission; or national security. fined in section 4 of the Indian Self-Determina- ‘‘(C) the Secretary. ‘‘(II) FREEDOM OF INFORMATION ACT.—On tion and Education Assistance Act (25 U.S.C. ‘‘(2) FEDERAL ADVISORY COMMITTEE ACT.— such a determination, the report or response, a 450b)), other public entity, or college or univer- ‘‘(A) IN GENERAL.—The Federal Advisory portion of the report or response, or any records sity, to be a prohibited source under any De- Committee Act (5 U.S.C. App.) and title XVIII of relating to the report or response, shall not be partment rule or policy that prohibits the ac- the Food and Agriculture Act of 1977 (7 U.S.C. released under section 552 of title 5, United ceptance of gifts from individuals and entities 2281 et seq.) shall not apply to the Commission. States Code. that do business with the Department. ‘‘(B) OPEN MEETINGS; RECORDS.—Subject to ‘‘(g) COMMISSION PERSONNEL MATTERS.— ‘‘(B) EXCEPTION.—Notwithstanding any De- subparagraph (C)— ‘‘(1) COMPENSATION OF MEMBERS.— partment rule or policy that prohibits the ac- ‘‘(i) a meeting of the Commission shall be— ‘‘(A) NON-FEDERAL EMPLOYEES.—A voting ceptance of gifts by the Department from indi- ‘‘(I) publicly announced in advance; and member of the Commission who is not a regular

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full-time employee of the Federal Government ‘‘(i) demonstrated expertise in the area of ani- ‘‘(e) FEDERAL SHARE.—The Federal share of shall, while attending meetings of the Commis- mal and plant diseases; the cost of any construction carried out using sion or otherwise engaged in the business of the ‘‘(ii) substantial animal and plant diagnostic funds from a grant provided under this section Commission (including travel time), be entitled laboratories; and shall not exceed 50 percent. to receive compensation at a rate fixed by the ‘‘(iii) well-established working relationships ‘‘(f) GUIDELINES.—Not later than 180 days Secretary, but not exceeding the daily equiva- with— after the date of enactment of this subtitle, the lent of the annual rate specified at the time of ‘‘(I) the agricultural industry; and Secretary shall issue guidelines with respect to such service under GS–15 of the General Sched- ‘‘(II) farm and commodity organizations. the provision of grants under this section. ule established under section 5332 of title 5, ‘‘(b) MODERNIZATION AND CONSTRUCTION OF ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— United States Code. FACILITIES.— There is authorized to be appropriated to carry ‘‘(1) IN GENERAL.—To enhance the security of ‘‘(B) TRAVEL EXPENSES.—A voting member of out this section $100,000,000 for each of fiscal agriculture in the United States against threats the Commission shall be allowed travel expenses, years 2003 through 2005.’’. posed by bioterrorism, the Secretary shall make including per diem in lieu of subsistence, at (b) SENSE OF CONGRESS ON INCREASING CAPAC- construction grants, on a competitive basis, to rates authorized for an employee of an agency ITY FOR RESEARCH ON BIOSECURITY AND ANIMAL eligible entities. under subchapter I of chapter 57 of title 5, AND PLANT HEALTH DISEASES.—It is the sense of ‘‘(2) LIMITATION ON GRANTS.—An eligible enti- United States Code, while away from the home Congress that funding for the Agricultural Re- ty shall not receive grant funds under this sec- search Service, the Animal and Plant Health In- or regular place of business of the member in the tion that, in any fiscal year, exceed $10,000,000. performance of the duties of the Commission. spection Service, and other agencies of the De- ‘‘(c) REQUIREMENTS FOR GRANTS.— partment of Agriculture with responsibilities for ‘‘(2) STAFF.—The Secretary shall provide the ‘‘(1) IN GENERAL.—The Secretary shall make a biosecurity should be increased as necessary to Commission with any personnel and other re- grant to an eligible entity under this section improve the capacity of the agencies to conduct sources as the Secretary determines appropriate. only if, with respect to any facility constructed research and analysis of, and respond to, bioter- ‘‘(h) FUNDING.— using grant funds, the eligible entity— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) submits to the Secretary, in such form, in rorism and animal and plant diseases. There are authorized to be appropriated to carry such manner, and containing such agreements, Subtitle B—Food, Agriculture, Conservation, out this section such sums as are necessary for assurances, and information as the Secretary and Trade Act of 1990 each of fiscal years 2002 through 2006. may require, an application for the grant; SEC. 731. NATIONAL GENETIC RESOURCES PRO- ‘‘(2) AGRICULTURE INFRASTRUCTURE SECURITY ‘‘(B) is determined by the Secretary to be com- GRAM. FUND.—For the purpose of establishing the Com- petent to engage in the type of research for Section 1635(b) of the Food, Agriculture, Con- mission, the Secretary shall use such sums from which the facility is proposed to be constructed; servation, and Trade Act of 1990 (7 U.S.C. the Fund as the Secretary determines to be ap- ‘‘(C) provides such assurances as the Sec- 5844(b)) is amended by striking ‘‘2002’’ and in- propriate. retary determines to be satisfactory that— serting ‘‘2006’’. ‘‘CHAPTER 2—OTHER BIOSECURITY ‘‘(i) for not less than 20 years after the date SEC. 732. BIOTECHNOLOGY RISK ASSESSMENT PROGRAMS of completion of the facility, the facility shall be RESEARCH. used for the purposes of the research for which ‘‘SEC. 1487. SPECIAL AUTHORIZATION FOR BIO- Section 1668 of the Food, Agriculture, Con- SECURITY PLANNING AND RE- the facility was constructed, as described in the servation, and Trade Act of 1990 (7 U.S.C. 5921) SPONSE. grant application; is amended— ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—In ‘‘(ii) sufficient funds are available to pay the (1) by redesignating subsections (e) through addition to amounts for agricultural research, non-Federal share of the cost of constructing (g) as subsections (f) through (h), respectively; extension, and education under this Act, there the facility; (2) by inserting after subsection (d) the fol- ‘‘(iii) sufficient funds will be available, as of are authorized to be appropriated for agricul- lowing: the date of completion of the construction, for tural research, education, and extension activi- ‘‘(e) GRANT PRIORITY.—In selecting projects the effective use of the facility for the purposes ties for biosecurity planning and response such for which grants shall be made under this sec- of the research for which the facility was con- sums as are necessary for each of fiscal years tion, the Secretary shall give priority to public structed; and 2002 through 2006. and private research or educational institutions ‘‘(iv) the proposed construction— and organizations the goals of which include— ‘‘(b) USE OF FUNDS.—Using any authority ‘‘(I) will increase the capability of the eligible ‘‘(1) formation of interdisciplinary teams to re- available to the Secretary, the Secretary shall entity to conduct research for which the facility view or conduct research on the environmental use funds made available under this section to was constructed; or effects of the release of new genetically modified carry out agricultural research, education, and ‘‘(II) is necessary to improve or maintain the agricultural products; extension activities (including through competi- quality of the research of the eligible entity; ‘‘(2) conduct of studies relating to biosafety of tive grants) necessary— ‘‘(D) meets such reasonable qualifications as genetically modified agricultural products; ‘‘(1) to reduce the vulnerability of the United may be established by the Secretary with respect ‘‘(3) evaluation of the cost and benefit for de- States food and agricultural system to chemical to— velopment of an identity preservation system for or biological attack; ‘‘(i) the relative scientific and technical merit genetically modified agricultural products; ‘‘(2) to continue joint research initiatives be- of the applications, and the relative effective- ‘‘(4) establishment of international partner- tween the Agricultural Research Service, uni- ness of facilities proposed to be constructed, in ships for research and education on biosafety versities, and industry on counterbioterrorism expanding the quality of, and the capacity of el- issues; or efforts (including continued funding of a con- igible entities to carry out, biosecurity research; ‘‘(5) formation of interdisciplinary teams to sortium in existence on the date of enactment of ‘‘(ii) the quality of the research to be carried renew and conduct research on the nutritional this subtitle of which the Agricultural Research out in each facility constructed; enhancement and environmental benefits of ge- Service and universities are members); ‘‘(iii) the need for the research activities to be netically modified agricultural products.’’; and ‘‘(3) to make competitive grants to universities carried out within the facility as those activities (3) in subsection (h) (as redesignated by para- and qualified research institutions for research relate to research needs of the United States in graph (1)), by striking paragraph (2) and insert- on counterbioterrorism; and securing, and ensuring the safety of, the food ing the following: ‘‘(4) to counter or otherwise respond to chem- supply of the United States; ‘‘(2) WITHHOLDING OF OUTLAYS FOR RESEARCH ical or biological attack. ‘‘(iv) the age and condition of existing re- ON BIOTECHNOLOGY RISK ASSESSMENT.—Of the ‘‘SEC. 1488. AGRICULTURE BIOTERRORISM RE- search facilities of the eligible entity; and amounts of outlays made under this section or SEARCH FACILITIES. ‘‘(v) biosafety and biosecurity requirements any other provision of law to carry out research ‘‘(a) DEFINITIONS.—In this section: necessary to protect facility staff, members of on biotechnology (as defined and determined by ‘‘(1) CONSTRUCTION.—The term ‘construction’ the public, and the food supply; and the Secretary of Agriculture) for any fiscal year, includes— ‘‘(E) has demonstrated a commitment to en- the Secretary of Agriculture shall withhold at ‘‘(A) the construction of new buildings; and hancing and expanding the research produc- least 3 percent for grants for research on bio- ‘‘(B) the expansion, renovation, remodeling, tivity of the eligible entity. technology risk assessment on all categories RIORITY.—In providing grants under and alteration of existing buildings. ‘‘(2) P identified by the Secretary of Agriculture as bio- this section, the Secretary shall give priority to ‘‘(2) COST.— technology.’’. ‘‘(A) IN GENERAL.—The term ‘cost’ means any an eligible entity that, as determined by the Sec- retary, has demonstrated expertise in— SEC. 733. RURAL ELECTRONIC COMMERCE EXTEN- construction cost, including architects’ fees. SION PROGRAM. ‘‘(A) animal and plant disease prevention; ‘‘(B) EXCLUSIONS.—The term ‘cost’ does not (a) FINDINGS.—Congress finds that— include the cost of— ‘‘(B) pathogen and toxin mitigation; ‘‘(C) cereal disease resistance; (1) electronic commerce sales in 1998 were ap- ‘‘(i) acquiring land or an interest in land; or ‘‘(D) grain milling and processing; proximately $100,000,000,000 and are expected to ‘‘(ii) constructing any offsite improvement. ‘‘(E) livestock production practices; reach $1,300,000,000,000 by 2003; ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti- ‘‘(F) vaccine development; (2) electronic commerce presents an enormous ty’ means a college or university that— ‘‘(G) meat processing; opportunity and challenge for small businesses, ‘‘(A) is a land grant college or university (as ‘‘(H) pathogen detection and control; or especially businesses in rural areas; defined in section 1404 of the National Agricul- ‘‘(I) food safety. (3) while infrastructure for electronic com- tural Research, Extension, and Teaching Policy ‘‘(d) AMOUNT OF GRANT.—The amount of a merce is growing rapidly in rural areas, small Act of 1977 (7 U.S.C. 3103)); and grant awarded under this section shall be deter- businesses will not be able to take advantage of ‘‘(B) as determined by the Secretary, has— mined by the Secretary. the new technology without assistance;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00112 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.017 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1091 (4) while electronic commerce will give busi- ‘‘(C) identify and strengthen existing mecha- ‘‘(I) except as provided in clause (iii), during nesses new markets and new ways of doing busi- nisms designed to assist rural areas in the adop- each of the years in which the extension pro- ness, many small businesses in rural areas will tion and use of electronic commerce techniques; gram receives funding under subsection (g), 50 have difficulty adopting appropriate electronic ‘‘(D) provide grants to fund projects and ac- percent of the estimated capital and annual op- commerce business practices and technologies; tivities under the extension program; and erating and maintenance costs of the extension (5) the United States has an interest in ensur- ‘‘(E) establish a clearinghouse system for program; and ing that small businesses in rural areas partici- States, communities, and businesses to obtain ‘‘(II) after expiration of the initial funding pe- pate in electronic commerce, to encourage suc- information on best practices, technology trans- riod specified in subclause (I), 100 percent of the cess of the businesses, and to promote produc- fer, training, education, adoption, and use of estimated capital and annual operating and tivity and economic growth throughout the electronic commerce in rural areas. maintenance costs of the extension program. economy of the United States; and ‘‘(2) OFFICE OF RURAL ELECTRONIC COM- ‘‘(ii) FORM.—The non-Federal share required (6) an electronic commerce extension program MERCE.—The Secretary shall establish, in the under clause (i)(I) may be provided in the form should be established using the nationwide Cooperative State Research, Education, and Ex- of in-kind contributions. county-based infrastructure within the Cooper- tension Service, an Office of Rural Electronic ‘‘(iii) EXCEPTION.—The non-Federal share re- ative Extension Service to help small businesses Commerce to assist in carrying out this section. quired under clause (i)(I) may be reduced to 25 throughout the United States to identify, adapt, ‘‘(d) GRANTS.— percent of the estimated capital and annual op- adopt, and use electronic commerce business ‘‘(1) IN GENERAL.—The Secretary shall carry erating and maintenance costs of the extension practices and technologies. out a program under which— program if the grant recipient serves low-income (b) PURPOSE.—The purpose of this section is ‘‘(A) funds are distributed to each of the de- or minority-owned businesses or microenter- to establish within the Cooperative State Re- velopment centers to— prises, as determined by the Secretary. search, Education, and Extension Service of the ‘‘(i) assemble regional expertise, and develop ‘‘(3) LIMITATION ON AMOUNT OF FUNDS AWARD- Department of Agriculture a rural electronic innovative education programs, that may be ED.— ‘‘(A) INDIVIDUAL LAND-GRANT COLLEGES AND commerce extension program for small busi- adapted and refined by State extension pro- UNIVERSITIES.—A land-grant college or univer- nesses and microenterprises in rural areas of the grams; sity shall not receive funds under this section in United States. ‘‘(ii) train State-based cooperative extension an amount that exceeds $900,000. (c) PROGRAM.—Subtitle H of title XVI of the agents to deliver rural electronic commerce edu- ‘‘(B) CONSORTIA OF LAND-GRANT COLLEGES Food, Agriculture, Conservation, and Trade Act cation programs; and AND UNIVERSITIES.—With respect to a consor- of 1990 (7 U.S.C. 5921 et seq.) is amended by add- ‘‘(iii) establish networks among universities, tium of land-grant colleges and universities that ing after section 1669 the following: local governments, and private industries to receives funds under this section— ‘‘SEC. 1670. RURAL ELECTRONIC COMMERCE EX- focus on regional economic issues; and ‘‘(i) the total amount of the funds awarded to TENSION PROGRAM. ‘‘(B) competitive grants are made to coopera- the consortium shall not exceed the product ob- ‘‘(a) DEFINITIONS.—In this section: tive extension service programs at land-grant tained by multiplying— ‘‘(1) DEVELOPMENT CENTER.—The term ‘devel- colleges and universities (or consortia of land- ‘‘(I) $900,000; by opment center’ means— grant colleges and universities)— ‘‘(II) the number of land-grant colleges and ‘‘(A) the North Central Regional Center for ‘‘(i) to develop and facilitate nationally inno- universities comprising the consortium; and Rural Development; vative rural electronic commerce business strate- ‘‘(ii) each land-grant college or university ‘‘(B) the Northeast Regional Center for Rural gies; and that is a member of the consortium shall receive Development or its designee; ‘‘(ii) to assist small businesses and microenter- an equal percentage of the total amount of ‘‘(C) the Southern Rural Development Center; prises in identifying, adapting, implementing, funds awarded. and ‘‘(4) SELECTION.—At least once every 180 days, ‘‘(D) the Western Rural Development Center and using electronic commerce business prac- the Secretary shall evaluate, prioritize, and or its designee. tices and technologies. ‘‘(2) EXTENSION PROGRAM.—The term ‘exten- ‘‘(2) ELIGIBILITY.— fund applications for proposed projects and ac- sion program’ means the rural electronic com- ‘‘(A) CRITERIA.— tivities under the extension program using the merce extension program established under sub- ‘‘(i) IN GENERAL.—The Secretary, shall— criteria established under paragraph (2)(A)(i)(I). ‘‘(e) EVALUATION.— section (b). ‘‘(I) establish criteria for the submission, eval- ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘(3) MICROENTERPRISE.—The term ‘micro- uation, and funding of applications for grants a project or activity under the extension pro- enterprise’ means a commercial enterprise that to carry out projects and activities under the ex- gram is funded by a grant under this section, has 5 or fewer employees, 1 or more of whom tension program; and the evaluation panel established under para- owns the enterprise. ‘‘(II) evaluate, rank, and select grant applica- ‘‘(4) SECRETARY.—The term ‘Secretary’ means tions described in subclause (I) on the basis of graph (2)(A) shall evaluate the project or activ- the Secretary of Agriculture, acting through the the selection criteria. ity. ‘‘(2) EVALUATION PANEL.— Administrator of the Cooperative State Re- ‘‘(ii) FACTORS.—The selection criteria estab- lished under clause (i) shall include— ‘‘(A) IN GENERAL.—Not later than 30 days search, Education, and Extension Service. after the date of enactment of this section, the ‘‘(5) SMALL BUSINESS.—The term ‘small busi- ‘‘(I) the ability of an applicant to provide Secretary shall establish an evaluation panel ness’ has the meaning given the term ‘small- training and education on best practices, tech- nology transfer, adoption, and use of electronic to— business concern’ by section 3(a) of the Small ‘‘(i) establish criteria for evaluating projects Business Act (15 U.S.C. 632(a)). commerce in rural communities by small busi- ness and microenterprise; and activities under the extension program; and ‘‘(b) ESTABLISHMENT.—The Secretary shall es- ‘‘(ii) using the criteria established under ‘‘(II) the quality of the service to be provided tablish a rural electronic commerce extension clause (i), evaluate the projects and activities. by a proposed project or activity under the ex- program to— ‘‘(B) COMPOSITION.—The evaluation panel ‘‘(1) expand and enhance electronic commerce tension program; shall be composed of— practices and technology to be used by small ‘‘(III) the extent and geographic diversity of ‘‘(i) appropriate Federal, State, local govern- businesses and microenterprises in rural areas; the area served by the proposed project or activ- ment, and land-grant college or university offi- ‘‘(2) disseminate information and expertise ity under the extension program; cials, as determined by the Secretary; and through a cooperative extension service clear- ‘‘(IV) the extent of participation of land-grant ‘‘(ii) private individuals with expertise in elec- inghouse system in rural areas; colleges and universities in the extension pro- tronic commerce, technology, or small business, ‘‘(3) disseminate management, scientific, engi- gram (including any economic benefits that as determined by the Secretary. neering, and technical information to small would result from that participation); ‘‘(3) CRITERIA.—The evaluation panel shall businesses in rural areas through the extension ‘‘(V) the percentage of funding and in-kind evaluate projects and activities under the exten- program; and commitments from non-Federal sources that sion program using criteria established by the ‘‘(4) use, when appropriate, the expertise, would be needed by and available for a pro- Secretary that assess the efficiency and efficacy technology, and capabilities of other institutions posed project or activity under the extension of the extension program. and organizations, including— program; and ‘‘(4) ASSISTANCE FROM GRANT RECIPIENTS.—A ‘‘(A) State and local governments; ‘‘(VI) the extent of participation of low-in- recipient of a grant under this section shall, to ‘‘(B) Federal departments and agencies; come and minority businesses or microenter- ‘‘(C) institutions of higher education; the maximum extent practicable, provide to the prises in a proposed project or activity under the ‘‘(D) nonprofit organizations; evaluation panel such materials as the evalua- ‘‘(E) small businesses and microenterprises extension program. tion panel may request to assist in the evalua- that have experience in electronic commerce ‘‘(B) APPLICATION.—As a condition of being tion of any project or activity carried out by the practice and technology; and considered for the receipt of funds under this recipient under the extension program. ‘‘(F) the development centers. section, an applicant shall submit to the Sec- ‘‘(f) REPORT.—Not later than 2 years after the ‘‘(c) ADMINISTRATION.— retary an application that meets the criteria es- date of enactment of this section, the Secretary ‘‘(1) IN GENERAL.—In carrying out this sec- tablished under subparagraph (A)(i)(I). shall submit to the Committee on Agriculture of tion, the Secretary shall— ‘‘(C) NON-FEDERAL SHARE.— the House of Representatives and the Committee ‘‘(A) provide leadership, support, and coordi- ‘‘(i) IN GENERAL.—As a condition of the re- on Agriculture, Nutrition, and Forestry of the nation for the extension programs; ceipt of funds under this section, an applicant Senate a report that describes— ‘‘(B) establish policies, practices, and proce- shall agree to obtain from non-Federal sources ‘‘(1) the policies, practices, and procedures dures to assist rural communities in the adop- (including State, local, nonprofit, or private sec- used to assist rural communities in efforts to tion and use of electronic commerce techniques; tor sources) contributions of— adopt and use electronic commerce techniques;

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‘‘(2) the clearinghouse system for States, com- ‘‘(B) PRIORITY.—In making grants under sub- ‘‘(7) conducting advanced on-farm research munities, small businesses, and individuals es- paragraph (A), the Secretary shall give priority and development that emphasizes observation tablished to obtain information regarding best to proposals to— of, experimentation with, and innovation for practices, technology transfer, training, edu- ‘‘(i) establish and coordinate priorities for ge- working organic farms, including research relat- cation, adoption, and use of electronic commerce netic evaluation of domestic beef cattle; ing to production and marketing and to socio- in rural areas; and ‘‘(ii) consolidate research efforts to reduce du- economic conditions.’’; and ‘‘(3) the criteria used for the submission, eval- plication of effort and maximize the return to (2) in subsection (e), by striking ‘‘2002’’ and uation, and funding of projects and activities beef industry; inserting ‘‘2006’’. under the extension program. ‘‘(iii) streamline the process between the de- SEC. 737. AGRICULTURAL TELECOMMUNICATIONS ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— velopment and adoption of new genetic evalua- PROGRAM. ‘‘(1) IN GENERAL.—There is authorized to be tion methodologies by the industry; Section 1673(h) of the Food, Agriculture, Con- appropriated to carry out this section $60,000,000 ‘‘(iv) identify new traits and technologies for servation, and Trade Act of 1990 (7 U.S.C. for each of fiscal years 2002 through 2006, of inclusion in genetic programs in order to— 5926(h)) is amended by striking ‘‘2002’’ and in- which $20,000,000 for each fiscal year shall be ‘‘(I) reduce the costs of beef production; and serting ‘‘2006’’. made available to carry out activities under sub- ‘‘(II) provide consumers with a high nutri- SEC. 738. ASSISTIVE TECHNOLOGY PROGRAM FOR section (d)(1)(A). tional value, healthy, and affordable protein FARMERS WITH DISABILITIES. ‘‘(2) ADMINISTRATIVE COSTS.—The Secretary source; or Section 1680(c)(1) of the Food, Agriculture, may use not more than 2 percent of the funds ‘‘(v) create decisionmaking tools that incor- Conservation, and Trade Act of 1990 (7 U.S.C. made available under paragraph (1) to pay ad- porate the increasing number of traits being 5933(c)(1)) is amended by striking ‘‘2002’’ and ministrative costs incurred in carrying out this evaluated and the increasing amount of infor- inserting ‘‘2006’’. section.’’. mation from DNA technology into genetic im- SEC. 734. HIGH-PRIORITY RESEARCH AND EXTEN- Subtitle C—Agricultural Research, Extension, provement programs, with the goal of optimizing and Education Reform Act of 1998 SION INITIATIVES. the overall efficiency, product quality and safe- Section 1672 of the Food, Agriculture, Con- ty, and health of the domestic beef cattle herd SEC. 741. INITIATIVE FOR FUTURE AGRICULTURE servation, and Trade Act of 1990 (7 U.S.C. 5925) AND FOOD SYSTEMS. resource. is amended Section 401 of the Agricultural Research, Ex- ‘‘(29) DAIRY PIPELINE CLEANERS.—Research (1) in subsection (e), by adding at the end the tension, and Education Reform Act of 1998 (7 and extension grants may be made under this following: U.S.C. 7621) is amended— section for the purpose of preventing and elimi- ‘‘(25) ANIMAL INFECTIOUS DISEASES RESEARCH (1) by striking subsection (b) and inserting the nating the dangers of dairy pipeline cleaner, AND EXTENSION.— following: including— ‘‘(A) IN GENERAL.—Research and extension ‘‘(b) FUNDING.— ‘‘(A) developing safer packaging mechanisms grants may be made under this section for the ‘‘(1) IN GENERAL.—Out of any funds in the and a new transfer mechanism, including a new purpose of developing— Treasury not otherwise appropriated, the Sec- pumping mechanism for dairy pipeline cleaner; ‘‘(i) prevention and control methodologies for retary of the Treasury shall transfer to the Ac- ‘‘(B) outlining— animal infectious diseases that impact trade, in- count to carry out this section— ‘‘(i) the accident history for dairy pipeline cluding vesicular stomatitis, bovine tuberculosis, ‘‘(A) on October 1, 1998 and each October 1 cleaner; transmissible spongiform encephalopathy, bru- thereafter through October 1, 2001, $120,000,000; ‘‘(ii) the causes of accidents involving dairy cellosis, and E. coli 0157:H7 infection; and ‘‘(ii) laboratory tests for quicker detection of pipeline cleaner; and ‘‘(B) on October 1, 2002, and each October 1 infected animals and presence of diseases among ‘‘(iii) potential means of prevention of such thereafter through October 1, 2005, $145,000,000. accidents, including improved labeling and herds; ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(iii) prevention strategies, including vaccina- pump structure; and retary shall be entitled to receive, shall accept, tion programs; and ‘‘(C) other means of improving efforts to pre- and shall use to carry out this section the funds ‘‘(iv) rapid diagnostic techniques for animal vent ingestion of dairy pipeline cleaner. transferred under paragraph (1), without fur- disease agents considered to be risks for agricul- ‘‘(30) DEVELOPMENT OF PUBLICLY HELD PLANTS ther appropriation.’’; and tural bioterrorism attack, including evaluation AND ANIMAL VARIETIES; GENETIC RESOURCE CON- (2) in subsection (e), by adding at the end the of the techniques. SERVATION ACTIVITIES.—Research and extension following: ‘‘(B) COLLABORATION.—Research under sub- grants may be made under this section to col- ‘‘(3) MINORITY-SERVING INSTITUTIONS.—The paragraph (A) may be conducted in collabora- leges and universities, other Federal agencies, Secretary shall consider reserving, to the max- tion with scientists from the Department, other plant breeders, and other interested persons for imum extent practicable, 10 percent of the funds Federal agencies, universities, and industry. the purpose of— made available to carry out this section for a ‘‘(C) EVALUATION OF DIAGNOSTIC TECHNIQUES ‘‘(A) development of publicly held plants and fiscal year for grants to minority-serving insti- AND VACCINES.—Any research on or evaluation animal varieties (including germplasm for iden- tutions.’’. of diagnostic techniques and vaccines under tity-preserved markets); and SEC. 742. PARTNERSHIPS FOR HIGH-VALUE AGRI- subparagraph (A) shall include evaluation of di- ‘‘(B) genetic resource conservation activi- agnostic techniques and vaccines under field CULTURAL PRODUCT QUALITY RE- ties.’’; and SEARCH. conditions in countries in which the animal dis- (2) in subsection (h), by striking ‘‘2002’’ and Section 402(g) of the Agricultural Research, ease occurs. inserting ‘‘2006’’, of which not less than $100,000 Extension, and Education Reform Act of 1998 (7 ‘‘(26) PROGRAM TO COMBAT CHILDHOOD OBE- for each of fiscal years 2002 through 2006 shall U.S.C. 7622(g)) is amended by striking ‘‘2002’’ SITY.—Research and extension grants may be be used to carry out subsection (e)(29). made under this section to institutions of higher and inserting ‘‘2006’’. SEC. 735. NUTRIENT MANAGEMENT RESEARCH SEC. 743. PRECISION AGRICULTURE. education with demonstrated capacity in basic AND EXTENSION INITIATIVE. and clinical obesity research, nutrition research, Section 403 of the Agricultural Research, Ex- Section 1672A(g) of the Food, Agriculture, tension, and Education Reform Act of 1998 (7 and community health education research to de- Conservation, and Trade Act of 1990 (7 U.S.C. velop and evaluate community-wide strategies U.S.C. 7623) is amended— 5925a(g)) is amended by striking ‘‘2002’’ and in- (1) in subsection (a)— that catalyze partnerships between families and serting ‘‘2006’’. health care, education, recreation, mass media, (A) in paragraph (3)— and other community resources to reduce the in- SEC. 736. ORGANIC AGRICULTURE RESEARCH (i) in subparagraph (A), inserting ‘‘or horti- AND EXTENSION INITIATIVE. cidence of childhood obesity. cultural’’ following ‘‘agronomic’’; and ‘‘(27) INTEGRATED PEST MANAGEMENT.—Re- Section 1672B of the Food, Agriculture, Con- (ii) in subparagraph (C), by striking ‘‘or’’ at search and extension grants may be made under servation, and Trade Act of 1990 (7 U.S.C. 5925b) the end; this section to land grant colleges and univer- is amended— (iii) in subparagraph (D), by striking the pe- sities, other Federal agencies, and other inter- (1) in subsection (a)— riod at the end and inserting ‘‘; or’’; and ested persons to coordinate and improve re- (A) by inserting after ‘‘Board,’’ the following: (iv) by adding at the end the following: search, education, and outreach on, and imple- ‘‘and the National Organic Standards Board,’’; ‘‘(E) using such information to enable intel- mentation on farms of, integrated pest manage- (B) in paragraph (2), by striking ‘‘and’’ at the ligent mechanized harvesting and sorting sys- ment. end; tems for horticultural crops.’’; ‘‘(28) BEEF CATTLE GENETICS.— (C) in paragraph (3), by striking the period at (B) in paragraph (4)— ‘‘(A) IN GENERAL.—Research and extension the end and inserting a semicolon; and (i) in subparagraph (C), by striking ‘‘or’’ at grants for beef cattle genetics evaluation re- (D) by adding at the end the following: the end; search may be made under this section to insti- ‘‘(4) determining desirable traits for organic (ii) in subparagraph (D), by striking the pe- tutions of higher education, or consortia of in- commodities using advanced genomics, field riod at the end and inserting ‘‘; or’’; and stitutions of higher education, that— trials, and other methods; (iii) by adding at the end the following: ‘‘(i) have expertise in beef cattle genetic eval- ‘‘(5) pursuing classical and marker-assisted ‘‘(E) robotic and other intelligent machines for uation research and technology; and breeding for publicly held varieties of crops and use in horticultural cropping systems.’’; and ‘‘(ii) have been actively involved, for at least animals optimized for organic systems; (C) in paragraph (5)(F), by inserting ‘‘(includ- 20 years, in the estimation and prediction of ‘‘(6) identifying marketing and policy con- ing improved use of energy inputs)’’ after ‘‘farm progeny differences for publication and use by straints on the expansion of organic agriculture; production efficiencies’’; seed stock producer breed associations. and (2) in subsection (c)(2)—

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(A) by inserting ‘‘or horticultural’’ after ‘‘ag- ‘‘(b) FUNDING.—Of the funds of the Com- ‘‘(b) MEMBERS.— ronomic’’; and modity Credit Corporation, the Secretary shall ‘‘(1) IN GENERAL.—Subject to paragraphs (2) (B) by striking ‘‘and meteorological varia- make available $8,000,000 for fiscal year 2002, through (4), the Secretary shall appoint the bility’’ and inserting ‘‘product variability, and which shall remain available until expended. members of the Service. meteorological variability’’; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) QUALIFICATIONS.—To be eligible for ap- (3) in subsection (d)— There is authorized to be appropriated to carry pointment to the Service, an individual shall— (A) by redesignating paragraphs (4) and (5) as out this section such sums as are necessary for ‘‘(A) have conducted outstanding research in paragraphs (5) and (6), respectively; and each of fiscal years 2003 through 2006.’’. the field of agriculture or forestry; ‘‘(B) have earned a doctoral level degree at an (B) by inserting after paragraph (3) the fol- SEC. 750. AGRICULTURAL BIOTECHNOLOGY RE- lowing: SEARCH AND DEVELOPMENT FOR institution of higher education (as defined in ‘‘(4) Improve farm energy use efficiencies.’’; DEVELOPING COUNTRIES. section 101 of the Higher Education Act of 1965 and Title IV of the Agricultural Research, Exten- (20 U.S.C. 1001)); and (4) in subsection (i)(1), by striking ‘‘2002’’ and sion, and Education Reform Act of 1998 (7 ‘‘(C) meet qualification standards prescribed inserting ‘‘2006’’. U.S.C. 7621 et seq.) (as amended by section 749) by the Director of the Office of Personnel Man- SEC. 744. BIOBASED PRODUCTS. is amended by adding at the end the following: agement for appointment to a position at level GS–15 of the General Schedule. Section 404 of the Agricultural Research, Ex- ‘‘SEC. 411. AGRICULTURAL BIOTECHNOLOGY RE- ‘‘(3) NUMBER.—Not more than 100 individuals tension, and Education Reform Act of 1998 (7 SEARCH AND DEVELOPMENT FOR U.S.C. 7624) is amended— DEVELOPING COUNTRIES. may serve as members of the Service at any 1 time. (1) in subsection (e)(2), by striking ‘‘2001’’ and ‘‘(a) DEFINITIONS.—In this section: ‘‘(4) OTHER REQUIREMENTS.— inserting ‘‘2006’’; and ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- ‘‘(A) IN GENERAL.—Subject to subparagraph (2) in subsection (h), by striking ‘‘2002’’ and ty’ means— (B) and subsection (d)(2), the Secretary may ap- inserting ‘‘2006’’. ‘‘(A) an institution of higher education; point and employ a member of the Service with- SEC. 745. THOMAS JEFFERSON INITIATIVE FOR ‘‘(B) a nonprofit organization; or out regard to— CROP DIVERSIFICATION. ‘‘(C) a consortium of for-profit institutions Section 405(h) of the Agricultural Research, ‘‘(i) the provisions of title 5, United States and agricultural research institutions. Code, governing appointments in the competitive Extension, and Education Reform Act of 1998 (7 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The service; U.S.C. 7625(h)) is amended by striking ‘‘2002’’ term ‘institution of higher education’ means— and inserting ‘‘2006’’. ‘‘(ii) the provisions of subchapter I of chapter ‘‘(A) a historically black land-grant college or 35 of title 5, United States Code, relating to re- SEC. 746. INTEGRATED RESEARCH, EDUCATION, university; tention preference; AND EXTENSION COMPETITIVE ‘‘(B) a Hispanic-serving institution (as de- GRANTS PROGRAM. ‘‘(iii) the provisions of chapter 43 of title 5, fined in section 1404 of the National, Agricul- United States Code, relating to performance ap- Section 406 of the Agricultural Research, Ex- tural Research, Extension, and Teaching Policy tension, and Education Reform Act of 1998 (7 praisal and performance actions; Act of 1977 (7 U.S.C. 3103)); or ‘‘(iv) the provisions of chapter 51 and sub- U.S.C. 7626) is amended— ‘‘(C) a tribal college or university that offers (1) by redesignating subsection (e) as sub- chapter III of chapter 53 of title 5, United States a curriculum in agriculture or the biosciences. section (f); Code, relating to classification and General ‘‘(b) GRANT PROGRAM.— (2) by inserting after subsection (d) the fol- Schedule pay rates; and ‘‘(1) IN GENERAL.—The Secretary (acting lowing: ‘‘(v) the provisions of chapter 75 of title 5, through the Foreign Agricultural Service) shall ‘‘(e) TERM OF GRANT.—A grant under this sec- United States Code, relating to adverse actions. establish and administer a program to make tion shall have a term of not more than 5 ‘‘(B) EXCEPTION.—A member of the Service ap- competitive grants to eligible entities to develop years.’’; and pointed and employed by the Secretary under (3) in subsection (f) (as so redesignated), by agricultural biotechnology for developing coun- subparagraph (A) shall have the same right of striking ‘‘2002’’ and inserting ‘‘2006’’. tries. appeal to the Merit Systems Protection Board ‘‘(2) USE OF FUNDS.—Funds provided to an eli- SEC. 747. SUPPORT FOR RESEARCH REGARDING and the same right to file a complaint with the DISEASES OF WHEAT AND BARLEY gible entity under this section may be used for Office of Special Counsel as an employee ap- CAUSED BY FUSARIUM projects that use biotechnology to— pointed to a position at level GS–15 of the Gen- GRAMINEARUM. ‘‘(A) enhance the nutritional content of agri- eral Schedule. Section 408(e) of the Agricultural Research, cultural products that can be grown in devel- ‘‘(c) PERFORMANCE APPRAISAL SYSTEM.—The Extension, and Education Reform Act of 1998 (7 oping countries; Secretary shall develop a performance appraisal U.S.C. 7628(e)) is amended by striking ‘‘2002’’ ‘‘(B) increase the yield and safety of agricul- system for members of the Service that is de- and inserting ‘‘2006’’. tural products that can be grown in developing signed to— SEC. 748. BOVINE JOHNE’S DISEASE CONTROL countries; ‘‘(1) provide for the systematic appraisal of PROGRAM. ‘‘(C) increase the yield of agricultural prod- the employment performance of the members; Title IV of the Agricultural Research, Exten- ucts that are drought- and stress-resistant and and sion, and Education Reform Act of 1998 (7 that can be grown in developing countries; ‘‘(2) encourage excellence in employment per- U.S.C. 7621 et seq.) is amended by adding at the ‘‘(D) extend the growing range of crops that formance by the members. end the following: can be grown in developing countries; ‘‘(d) COMPENSATION.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘SEC. 409. BOVINE JOHNE’S DISEASE CONTROL ‘‘(E) enhance the shelf-life of fruits and vege- PROGRAM. tables grown in developing countries; the Secretary shall determine the compensation ‘‘(a) ESTABLISHMENT.—The Secretary, in co- ‘‘(F) develop environmentally sustainable ag- of members of the Service. ordination with State veterinarians and other ricultural products that can be grown in devel- ‘‘(2) LIMITATIONS.—The rate of pay for a appropriate State animal health professionals, oping countries; and member of the Service shall— ‘‘(A) not be less than the minimum rate pay- may establish a program to conduct research, ‘‘(G) develop vaccines to immunize against able for a position at level GS–15 of the General testing, and evaluation of programs for the con- life-threatening illnesses and other medications Schedule; and trol and management of Johne’s disease in live- that can be administered by consuming geneti- ‘‘(B) not be more than the rate payable for a stock. cally-engineered agricultural products. position at level I of the Executive Schedule, un- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— less the rate is approved by the President under There are authorized to be appropriated to carry There is authorized to be appropriated to carry section 5377(d)(2) of title 5, United States Code. out this section such sums as are necessary for out this section $5,000,000 for each of fiscal ‘‘(e) RETIREMENT CONTRIBUTIONS.— each of fiscal years 2002 through 2006.’’. years 2002 through 2006.’’. ‘‘(1) IN GENERAL.—On the request of a member SEC. 749. GRANTS FOR YOUTH ORGANIZATIONS. SEC. 750A. OFFICE OF PEST MANAGEMENT POL- of the Service who was an employee of an insti- Title IV of the Agricultural Research, Exten- ICY. tution of higher education (as defined in section sion, and Education Reform Act of 1998 (7 Section 614(f) of the Agricultural Research, 101 of the Higher Education Act of 1965 (20 U.S.C. 7621 et seq.) (as amended by section 748) Extension, and Education Reform Act of 1998 (7 U.S.C. 1001)) immediately prior to appointment is amended by adding at the end the following: U.S.C. 7653(f)) is amended by striking ‘‘2002’’ as a member of the Service and who retains the ‘‘SEC. 410. GRANTS FOR YOUTH ORGANIZATIONS. and inserting ‘‘2006’’. right to continue to make contributions to the ‘‘(a) IN GENERAL.—The Secretary, acting SEC. 750B. SENIOR SCIENTIFIC RESEARCH SERV- retirement system of the institution, the Sec- through the Administrator of the Cooperative ICE. retary may contribute an amount not to exceed State Research, Education, and Extension Serv- Subtitle B of title VI of the Agricultural Re- 10 percent of the basic pay of the member to the ice, shall make grants to the Girl Scouts of the search, Extension, and Education Reform Act of retirement system of the institution on behalf of United States of America, the Boy Scouts of 1998 (7 U.S.C. 7651 et seq.) is amended by adding the member. America, the National 4–H Council, and the Na- at the end the following: ‘‘(2) FEDERAL RETIREMENT SYSTEM.— tional FFA Organization to establish pilot ‘‘SEC. 620. SENIOR SCIENTIFIC RESEARCH SERV- ‘‘(A) IN GENERAL.—Subject to subparagraph projects to expand the programs carried out by ICE. (B), a member for whom a contribution is made the organizations in rural areas and small ‘‘(a) IN GENERAL.—There is established in the under paragraph (1) shall not, as a result of towns (including, with respect to the National Department of Agriculture the Senior Scientific serving as a member of the Service, be covered 4–H Council, activities provided for in Public Research Service (referred to in this section as by, or earn service credit under, chapter 83 or 84 Law 107–19 (115 Stat. 153)). the ‘Service’). of title 5, United States Code.

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‘‘(B) ANNUAL LEAVE.—Service of a member of ‘‘(4) PLAN OF WORK.—The State shall include ‘‘(i) shall be distributed on the basis of a for- the Service described in subparagraph (A) shall in the plan of work of the State required under mula to be developed and implemented by the be creditable for determining years of service section 4 a description of the manner in which Secretary, in consultation with the 1994 Institu- under section 6303(a) of title 5, United States the State will meet the requirements of this sub- tions; and Code. section. ‘‘(ii) may include payments for extension ac- ‘‘(f) INVOLUNTARY SEPARATION.— ‘‘(5) APPLICABILITY.—This subsection does not tivities carried out during 1 or more fiscal years. ‘‘(1) IN GENERAL.—Subject to paragraph (2) apply to funds provided— ‘‘(C) COOPERATIVE AGREEMENT.—In accord- and notwithstanding the provisions of title 5, ‘‘(A) to a 1994 Institution (as defined in sec- ance with such regulations as the Secretary may United States Code, governing appointment in tion 532 of the Equity in Educational Land- promulgate, a 1994 Institution may administer the competitive service, in the case of an indi- Grant Status Act of 1994 (7 U.S.C. 301 note; funds received under this paragraph through a vidual who is separated from the Service invol- Public Law 103–382)); or cooperative agreement with an 1862 Institution untarily and without cause— ‘‘(B) to the Commonwealth of Puerto Rico, the or an 1890 Institution (as those terms are de- ‘‘(A) the Secretary may appoint the individual Virgin Islands, or Guam.’’. fined in section 2 of the Agricultural Research, to a position in the competitive civil service at (b) INTEGRATED RESEARCH AND EXTENSION AC- Extension, and Education Reform Act of 1998 (7 level GS–15 of the General Schedule; and TIVITIES.—Section 3 of the Hatch Act of 1887 (7 U.S.C. 7601)).’’. ‘‘(B) the appointment shall be a career ap- U.S.C. 361c) is amended by striking subsection SEC. 755. EQUITY IN EDUCATIONAL LAND-GRANT pointment. (i) and inserting the following: STATUS ACT OF 1994. ‘‘(2) EXCEPTED CIVIL SERVICE.—In the case of ‘‘(i) INTEGRATED RESEARCH AND EXTENSION (a) TECHNICAL AMENDMENT TO REFLECT NAME an individual described in paragraph (1) who ACTIVITIES.— CHANGES.—Section 532 of the Equity in Edu- immediately prior to appointment as a member ‘‘(1) IN GENERAL.— cational Land-Grant Status Act of 1994 (7 of the Service was not a career appointee in the ‘‘(A) REQUIREMENT.—To receive funding U.S.C. 301 note; Public Law 103–382) is amended civil service or the Senior Executive Service, the under this Act and subsections (b) and (c) of by striking paragraphs (1) through (30) and in- appointment of the individual under paragraph section 3 of the Smith-Lever Act (7 U.S.C. 343) serting the following: (1)— for a fiscal year, a State must have expended on ‘‘(1) Bay Mills Community College. ‘‘(A) shall be to the excepted civil service; and activities that integrate cooperative research ‘‘(2) Blackfeet Community College. ‘‘(B) may not exceed a period of 2 years.’’. and extension (referred to in this section as ‘in- ‘‘(3) Cankdeska Cikana Community College. Subtitle D—Land-Grant Funding tegrated activities’), in the preceding fiscal year, ‘‘(4) College of Menominee Nation. ‘‘(5) Crownpoint Institute of Technology. CHAPTER 1—1862 INSTITUTIONS an amount equivalent to not less than 25 per- cent of the funds paid to the State under this ‘‘(6) D-Q University. SEC. 751. CARRYOVER. section and subsections (b) and (c) of section 3 ‘‘(7) Dine´ College. Section 7 of the Hatch Act of 1887 (7 U.S.C. of the Smith-Lever Act (7 U.S.C. 343) for the ‘‘(8) Chief Dull Knife Memorial College. 361g) is amended by striking subsection (c) and preceding fiscal year. ‘‘(9) Fond du Lac Tribal and Community Col- inserting the following: ‘‘(B) DETERMINATION OF AMOUNT.—In deter- lege. ‘‘(c) CARRYOVER.— mining compliance with subparagraph (A), the ‘‘(10) Fort Belknap College. ‘‘(1) IN GENERAL.—The balance of any annual Secretary shall include all cooperative research ‘‘(11) Fort Berthold Community College. ‘‘(12) Fort Peck Community College. funds provided under this Act to a State agri- and extension funds expended by the State in cultural experiment station for a fiscal year that ‘‘(13) Haskell Indian Nations University. the prior fiscal year, including Federal, State, ‘‘(14) Institute of American Indian and Alaska remains unexpended at the end of the fiscal and local funds. year may be carried over for use during the fol- Native Culture and Arts Development. ‘‘(2) REDUCTION OF PERCENTAGE.—The Sec- lowing fiscal year. ‘‘(15) Lac Courte Oreilles Ojibwa Community retary may reduce the minimum percentage re- College. ‘‘(2) FAILURE TO EXPEND FULL ALLOTMENT.—If quired to be expended for integrated activities any unexpended balance carried over by a State ‘‘(16) Leech Lake Tribal College. under paragraph (1) by a State in a case of ‘‘(17) Little Big Horn College. is not expended by the end of the second fiscal hardship, unfeasibility, or other similar cir- year, an amount equal to the unexpended bal- ‘‘(18) Little Priest Tribal College. cumstances beyond the control of the State, as ‘‘(19) Nebraska Indian Community College. ance shall be deducted from the next succeeding determined by the Secretary. annual allotment to the State.’’. ‘‘(20) Northwest Indian College. ‘‘(3) PLAN OF WORK.—The State shall include ‘‘(21) Oglala Lakota College. SEC. 752. REPORTING OF TECHNOLOGY TRANS- in the plan of work of the State required under ‘‘(22) Salish Kootenai College. FER ACTIVITIES. section 7 of this Act and under section 4 of the ‘‘(23) Sinte Gleska University. Section 7(e) of the Hatch Act of 1887 (7 U.S.C. Smith-Lever Act (7 U.S.C. 344), as applicable, a ‘‘(24) Sisseton Wahpeton Community College. 361g(e)) is amended by adding at the end the description of the manner in which the State ‘‘(25) Si Tanka/Huron University. following: will meet the requirements of this subsection. ‘‘(26) Sitting Bull College. ‘‘(5) The technology transfer activities con- ‘‘(4) APPLICABILITY.—This subsection does not ‘‘(27) Southwestern Indian Polytechnic Insti- ducted with respect to federally-funded agricul- apply to funds provided— tute. tural research.’’. ‘‘(A) to a 1994 Institution (as defined in sec- ‘‘(28) Stone Child College. SEC. 753. COMPLIANCE WITH MULTISTATE AND tion 532 of the Equity in Educational Land- ‘‘(29) Turtle Mountain Community College. INTEGRATION REQUIREMENTS. Grant Status Act of 1994 (7 U.S.C. 301 note; ‘‘(30) United Tribes Technical College. (a) MULTISTATE COOPERATIVE EXTENSION AC- Public Law 103–382)); or ‘‘(31) White Earth Tribal and Community Col- TIVITIES.—Section 3 of the Smith-Lever Act (7 ‘‘(B) to the Commonwealth of Puerto Rico, the lege.’’. U.S.C. 343) is amended by striking subsection Virgin Islands, or Guam. (b) ACCREDITATION REQUIREMENT FOR RE- (h) and inserting the following: ‘‘(5) RELATIONSHIP TO OTHER REQUIRE- SEARCH GRANTS.—Section 533(a)(3) of the Equity ‘‘(h) MULTISTATE COOPERATIVE EXTENSION MENTS.—Funds described in paragraph (1)(B) in Educational Land-Grant Status Act of 1994 (7 ACTIVITIES.— that a State uses to calculate the required U.S.C. 301 note; Public Law 103–382) is amended ‘‘(1) DEFINITION OF MULTISTATE ACTIVITY.—In amount of expenditures for integrated activities by striking ‘‘sections 534 and 535’’ and inserting this subsection, the term ‘multistate activity’ under paragraph (1)(A) may also be used in the ‘‘sections 534, 535, and 536’’. means a cooperative extension activity in which same fiscal year to calculate the amount of ex- (c) LAND-GRANT STATUS FOR 1994 INSTITU- 2 or more States cooperate to resolve problems penditures for multistate activities required TIONS.—Section 533(b) of the Equity in Edu- that concern more than 1 State. under subsection (c)(3) of this section and sec- cational Land-Grant Status Act of 1994 (7 ‘‘(2) REQUIREMENT.— tion 3(h) of the Smith-Lever Act (7 U.S.C. U.S.C. 301 note; Public Law 103–382) is amended ‘‘(A) IN GENERAL.—To receive funding under 343(h)).’’. by striking ‘‘$4,600,000 for each of fiscal years subsections (b) and (c) for a fiscal year, a State (c) EFFECTIVE DATE.—The amendments made 1996 through 2002’’ and inserting ‘‘such sums as must have expended on multistate activities, in by this section take effect on October 1, 2002. are necessary for each of fiscal years 2002 the preceding fiscal year, an amount equivalent through 2006’’. to not less than 25 percent of the funds paid to CHAPTER 2—1994 INSTITUTIONS (d) CHANGE OF INDIAN STUDENT COUNT FOR- the State under subsections (b) and (c) for the SEC. 754. EXTENSION AT 1994 INSTITUTIONS. MULA.—Section 533(c)(4)(A) of the Equity in preceding fiscal year. Section 3(b) of the Smith-Lever Act (7 U.S.C. Educational Land-Grant Status Act of 1994 (7 ‘‘(B) DETERMINATION OF AMOUNT.—In deter- 343(b)) is amended by striking paragraph (3) U.S.C. 301 note; Public Law 103–382) is amended mining compliance with subparagraph (A), the and inserting the following: by striking ‘‘(as defined in section 390(3) of the Secretary shall include all cooperative extension ‘‘(3) EXTENSION AT 1994 INSTITUTIONS.— Carl D. Perkins Vocational and Applied Tech- funds expended by the State in the preceding ‘‘(A) IN GENERAL.—There are authorized to be nology Education Act (20 U.S.C. 2397h(3)) for fiscal year, including Federal, State, and local appropriated for fiscal year 2002 and each sub- each 1994 Institution for the fiscal year’’ and in- funds. sequent fiscal year, for payment to 1994 Institu- serting ‘‘(as defined in section 2(a) of the Trib- ‘‘(3) REDUCTION OF PERCENTAGE.—The Sec- tions (as defined in section 532 of the Equity in ally Controlled College or University Assistance retary may reduce the minimum percentage re- Educational Land-Grant Status Act of 1994 (7 Act of 1978 (25 U.S.C. 1801(a)))’’. quired to be expended for multistate activities U.S.C. 301 note; Public Law 103–382)), such (e) INCREASE IN INSTITUTIONAL PAYMENTS.— under paragraph (2) by a State in a case of sums as are necessary for the purposes set forth Section 534(a)(1)(A) of the Equity in Edu- hardship, unfeasibility, or other similar cir- in section 2, to remain available until expended. cational Land-Grant Status Act of 1994 (7 cumstances beyond the control of the State, as ‘‘(B) DISTRIBUTION.—Amounts made available U.S.C. 301 note; Public Law 103–382) is amended determined by the Secretary. under subparagraph (A)— by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’.

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(f) INSTITUTIONAL CAPACITY BUILDING ‘‘(B) FAILURE TO EXPEND FULL AMOUNT.—If retary of Agriculture shall terminate each ap- GRANTS.—Section 535 of the Equity in Edu- any unexpended balance carried over by an eli- pointment listed as an excepted position under cational Land-Grant Status Act of 1994 (7 gible institution is not expended by the end of schedule A of the General Schedule made by the U.S.C. 301 note; Public Law 103–382) is the second fiscal year, an amount equal to the Secretary to the Federal civil service of an indi- amended— unexpended balance shall be deducted from the vidual who holds dual government appoint- (1) in subsection (b)(1), by striking ‘‘2002’’ and next succeeding annual allotment to the eligible ments, and who carries out agricultural exten- inserting ‘‘2006’’; and institution.’’. sion work in a program at a college or univer- (2) in subsection (c), by striking ‘‘$1,700,000 SEC. 759. REPORTING OF TECHNOLOGY TRANS- sity eligible to receive funds, under— for each of fiscal years 1996 through 2002’’ and FER ACTIVITIES. (1) the Smith-Lever Act (7 U.S.C. 341 et seq.); inserting ‘‘such sums as are necessary for each Section 1445(c)(3) of the National Agricultural (2) section 1444 of the National Agricultural of fiscal years 2002 through 2006’’. Research, Extension, and Teaching Policy Act Research, Extension, and Teaching Policy Act (g) RESEARCH GRANTS.—Section 536(c) of the of 1977 (7 U.S.C. 3222(c)(3)) is amended by add- of 1977 (7 U.S.C. 3221); or Equity in Educational Land-Grant Status Act of ing at the end the following: (3) section 208(e) of the District of Columbia 1994 (7 U.S.C. 301 note; Public Law 103–382) is ‘‘(F) The technology transfer activities con- Public Postsecondary Education Reorganization amended by striking ‘‘2002’’ and inserting ducted with respect to federally-funded agricul- Act (88 Stat. 1428). ‘‘2006’’. tural research.’’. (b) CONTINUATION OF CERTAIN FEDERAL BENE- FITS SEC. 756. ELIGIBILITY FOR INTEGRATED GRANTS SEC. 760. GRANTS TO UPGRADE AGRICULTURAL .— PROGRAM. AND FOOD SCIENCES FACILITIES AT (1) IN GENERAL.—Notwithstanding title 5, Section 406(b) of the Agricultural Research, 1890 LAND-GRANT COLLEGES, IN- United States Code, and subject to paragraph Extension, and Education Reform Act of 1998 (7 CLUDING TUSKEGEE UNIVERSITY. (2), an individual described in subsection (a), U.S.C. 7626(b)) is amended by inserting ‘‘and Section 1447(b) of the National Agricultural during the period the individual is employed in 1994 Institutions’’ before ‘‘on a competitive Research, Extension, and Teaching Policy Act an agricultural extension program described in basis’’. of 1977 (7 U.S.C. 3222b(b)) is amended by strik- subsection (a) without a break in service, shall ing ‘‘$15,000,000 for each of fiscal years 1996 continue to— CHAPTER 3—1890 INSTITUTIONS through 2002’’ and inserting ‘‘$25,000,000 for (A) be eligible to participate, to the same ex- SEC. 757. AUTHORIZATION PERCENTAGES FOR each of fiscal years 2002 through 2006’’. tent that the individual was eligible to partici- RESEARCH AND EXTENSION FOR- pate (on the day before the date of enactment of MULA FUNDS. SEC. 761. NATIONAL RESEARCH AND TRAINING VIRTUAL CENTERS. this Act), in— (a) EXTENSION.—Section 1444(a) of the Na- (a) AUTHORIZATION.—Section 1448 of the Na- (i) the Federal Employee Health Benefits Pro- tional Agricultural Research, Extension, and tional Agricultural Research, Extension, and gram; Teaching Policy Act of 1977 (7 U.S.C. 3221(a)) is Teaching Policy Act of 1977 (7 U.S.C. 3222c) is (ii) the Federal Employee Group Life Insur- amended— amended by striking ‘‘2002’’ each place it ap- ance Program; (1) by striking ‘‘(a) There’’ and inserting the pears in subsections (a)(1) and (f) and inserting (iii) the Civil Service Retirement System; following: (iv) the Federal Employee Retirement System; ‘‘2006’’. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— and (b) REDESIGNATION.—Section 1448 of the Na- ‘‘(1) IN GENERAL.—There’’; (v) the Thrift Savings Plan; and tional Agricultural Research, Extension, and (2) by striking the second sentence; and (B) receive Federal Civil Service employment (3) in the third sentence, by striking ‘‘Begin- Teaching Policy Act of 1977 (7 U.S.C. 3222c) is credit to the same extent that the individual was ning’’ through ‘‘6 per centum’’ and inserting the amended— receiving such credit on the day before the date (1) in the section heading, by striking ‘‘ following: CEN- of enactment of this Act. TENNIAL’’ and inserting ‘‘VIRTUAL’’; and ‘‘(2) MINIMUM AMOUNT.—Beginning with fis- (2) LIMITATIONS.—An individual may continue (2) by striking ‘‘centennial’’ each place it ap- cal year 2002, there shall be appropriated under to be eligible for the benefits described in para- pears and inserting ‘‘virtual’’. this section for each fiscal year an amount that graph (1) if— is not less than 15 percent’’; SEC. 762. MATCHING FUNDS REQUIREMENT FOR (A) in the case of an individual who remains RESEARCH AND EXTENSION ACTIVI- employed in the agricultural extension program (3) by striking ‘‘Funds appropriated’’ and in- TIES. described in subsection (a) on the date of the en- serting the following: Section 1449 of the National Agricultural Re- ‘‘(3) USES.—Funds appropriated’’; and actment of this Act, the employing college or search, Extension, and Teaching Policy Act of (4) by striking ‘‘No more’’ and inserting the university continues to fulfill the administrative 1977 (7 U.S.C. 3222d) is amended by striking sub- following: and financial responsibilities (including making sections (c) and (d) and inserting the following: ‘‘(4) CARRYOVER.—No more’’. agency contributions) associated with providing ‘‘(c) MATCHING FORMULA.— (b) RESEARCH.—Section 1445(a) of the Na- those benefits, as determined by the Secretary of ‘‘(1) IN GENERAL.—For each of fiscal years Agriculture; and tional Agricultural Research, Extension, and 2003 through 2006, the State shall provide (B) in the case of an individual who changes Teaching Policy Act of 1977 (7 U.S.C. 3222(a)) is matching funds from non-Federal sources. employment to a second college or university de- amended— ‘‘(2) AMOUNT.—The amount of the matching scribed in subsection (a)— (1) by striking ‘‘(a) There’’ and inserting the funds shall be equal to not less than— (i) the individual continues to work in an ag- following: ‘‘(A) for fiscal year 2003, 60 percent of the for- ricultural extension program described in sub- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— mula funds to be distributed to the eligible insti- section (a), as determined by the Secretary of ‘‘(1) IN GENERAL.—There’’; tution; and Agriculture; (2) by striking the second sentence and insert- ‘‘(B) for each of fiscal years 2004 through ing the following: (ii) the second college or university— 2006, 110 percent of the amount required under (I) fulfills the administrative and financial re- ‘‘(2) MINIMUM AMOUNT.—Beginning with fis- this paragraph for the preceding fiscal year. cal year 2002, there shall be appropriated under sponsibilities (including making agency con- ‘‘(d) WAIVERS.—Notwithstanding subsection tributions) associated with providing those ben- this section for each fiscal year an amount that (f), for any of fiscal years 2003 through 2006, the is not less than 25 percent of the total appro- efits, as determined by the Secretary of Agri- Secretary may waive the matching funds re- culture; and priations for the fiscal year under section 3 of quirement under subsection (c) for any amount the Hatch Act of 1887 (7 U.S.C. 361c).’’; (II) within 120 days before the date of the em- above the level of 50 percent for an eligible insti- ployment of the individual, had employed a dif- (3) by striking ‘‘Funds appropriated’’ and in- tution of a State if the Secretary determines that serting the following: ferent individual described in subsection (a) the State will be unlikely to meet the matching who had performed the same duties of employ- ‘‘(3) USES.—Funds appropriated’’; requirement.’’. (4) by striking ‘‘The eligible’’ and inserting ment; and the following: CHAPTER 4—LAND-GRANT INSTITUTIONS (iii) the individual was eligible for those bene- ‘‘(4) COORDINATION.—The eligible’’; and Subchapter A—General fits on the day before the date of enactment of this Act. (5) by striking ‘‘No more’’ and inserting the SEC. 771. PRIORITY-SETTING PROCESS. following: Section 102(c)(1) of the Agricultural Research, Subchapter B—Land-Grant Institutions in ‘‘(5) CARRYOVER.—No more’’. Extension, and Education Reform Act of 1998 (7 Insular Areas SEC. 758. CARRYOVER. U.S.C. 7612(c)(1)) is amended— SEC. 775. DISTANCE EDUCATION GRANTS PRO- Section 1445(a) of the National Agricultural (1) by striking ‘‘establish and implement a GRAM FOR INSULAR AREA LAND- Research, Extension, and Teaching Policy Act process for obtaining’’ and inserting ‘‘obtain GRANT INSTITUTIONS. of 1977 (7 U.S.C. 3222(a) (as amended by section public’’; and The National Agricultural Research, Exten- 757(b)) is amended by striking paragraph (5) (2) by striking the period at the end and in- sion, and Teaching Policy Act of 1977 (7 U.S.C. and inserting the following: serting the following: ‘‘through a process that 3101 et seq.) (as amended by section 723) is ‘‘(5) CARRYOVER.— reflects transparency and opportunity for input amended by adding at the end the following: ‘‘(A) IN GENERAL.—The balance of any annual from producers of diverse agricultural crops and ‘‘Subtitle O—Land Grant Institutions in funds provided to an eligible institution for a diverse geographic and cultural communities.’’. Insular Areas fiscal year under this section that remains unex- SEC. 772. TERMINATION OF CERTAIN SCHEDULE ‘‘SEC. 1489. DISTANCE EDUCATION GRANTS FOR pended at the end of the fiscal year may be car- A APPOINTMENTS. INSULAR AREAS. ried over for use during the following fiscal (a) TERMINATION.—Not later than 60 days ‘‘(a) IN GENERAL.—The Secretary may make year. after the date of enactment of this Act, the Sec- competitive or noncompetitive grants to State

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cooperative institutions in insular areas to (b) COOPERATIVE AGRICULTURAL EXTENSION.— ‘‘2002’’ each place it appears and inserting strengthen the capacity of State cooperative in- Section 3(e) of the Smith-Lever Act (7 U.S.C. ‘‘2006’’. stitutions to carry out distance food and agri- 343(e)) is amended by striking paragraph (4) and SEC. 787. CARBON CYCLE RESEARCH. cultural education programs using digital net- inserting the following: Section 221 of the Agricultural Risk Protection work technologies. ‘‘(4) EXCEPTION FOR INSULAR AREAS.— Act of 2000 (114 Stat. 407) is amended— ‘‘(b) USE.—Grants made under this section ‘‘(A) IN GENERAL.—Effective beginning for fis- (1) in subsection (a), by striking ‘‘Of the shall be used— cal year 2003, in lieu of the matching funds re- amount’’ and all that follows through ‘‘to pro- ‘‘(1) to acquire the equipment, instrumenta- quirement of paragraph (1), the insular areas of vide’’ and inserting ‘‘To the extent that funds tion, networking capability, hardware and soft- the Commonwealth of Puerto Rico, Guam, and are made available for the purpose, the Sec- ware, digital network technology, and infra- the Virgin Islands of the United States shall retary shall provide’’; structure necessary to teach students and teach- provide matching funds from non-Federal (2) in subsection (d), by striking ‘‘under sub- ers about technology in the classroom; sources in an amount equal to not less than 50 section (a)’’ and inserting ‘‘to carry out this sec- ‘‘(2) to develop and provide educational serv- percent of the formula funds distributed by the tion’’; and ices (including faculty development) to prepare Secretary to each of the insular areas, respec- (3) by adding at the end the following: students or faculty seeking a degree or certifi- tively, under this section. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) WAIVERS.—The Secretary may waive the cate that is approved by the State or a regional There are authorized to be appropriated for fis- matching fund requirement of subparagraph (A) accrediting body recognized by the Secretary of cal years 2002 through 2006 such sums as are for any fiscal year if the Secretary determines Education; necessary to carry out this section.’’. ‘‘(3) to provide teacher education, library and that the government of the insular area will be media specialist training, and preschool and unlikely to meet the matching requirement for Subtitle F—New Authorities teacher aid certification to individuals who seek the fiscal year.’’. SEC. 791. DEFINITIONS. to acquire or enhance technology skills in order Subtitle E—Other Laws In this subtitle: to use technology in the classroom or instruc- SEC. 781. CRITICAL AGRICULTURAL MATERIALS. (1) DEPARTMENT.—The term ‘‘Department’’ tional process; Section 16(a) of the Critical Agricultural Ma- means the Department of Agriculture. ‘‘(4) to implement a joint project to provide terials Act (7 U.S.C. 178n(a)) is amended by (2) SECRETARY.—The term ‘‘Secretary’’ means education regarding technology in the classroom striking ‘‘2002’’ and inserting ‘‘2006’’. the Secretary of Agriculture. with a local educational agency, community- SEC. 782. RESEARCH FACILITIES. SEC. 792. REGULATORY AND INSPECTION RE- based organization, national nonprofit organi- Section 6(a) of the Research Facilities Act (7 SEARCH. zation, or business, including a minority busi- U.S.C. 390d(a)) is amended by striking ‘‘2002’’ (a) DEFINITIONS.—In this section: ness or a business located in a HUBZone estab- and inserting ‘‘2006’’. (1) INSPECTION OR REGULATORY AGENCY OF lished under section 31 of the Small Business SEC. 783. FEDERAL AGRICULTURAL RESEARCH THE DEPARTMENT.—The term ‘‘inspection or reg- Act (15 U.S.C. 657a); or FACILITIES. ulatory agency of the Department’’ includes— ‘‘(5) to provide leadership development to ad- Section 1431 of the National Agricultural Re- (A) the Animal and Plant Health Inspection ministrators, board members, and faculty of eli- search, Extension, and Teaching Policy Act Service; gible institutions with institutional responsi- Amendments of 1985 (Public Law 99–198; 99 Stat. (B) the Food Safety and Inspection Service; bility for technology education. 1556) is amended by striking ‘‘2002’’ and insert- (C) the Grain Inspection, Packers, and Stock- ‘‘(c) LIMITATION ON USE OF GRANT FUNDS.— ing ‘‘2006’’. yards Administration; and Funds provided under this section shall not be SEC. 784. COMPETITIVE, SPECIAL, AND FACILI- (D) the Agricultural Marketing Service. used for the planning, acquisition, construction, TIES RESEARCH GRANTS. (2) URGENT APPLIED RESEARCH NEEDS.—The rehabilitation, or repair of a building or facility. The Competitive, Special, and Facilities Re- term ‘‘urgent applied research needs’’ includes ‘‘(d) ADMINISTRATION OF PROGRAM.—The Sec- search Grant Act (7 U.S.C. 450i) is amended in research necessary to carry out— retary may carry out this section in a manner subsection (b)— (A) agricultural marketing programs; that recognizes the different needs and opportu- (1) in paragraph (2), by striking ‘‘in—’’ and (B) programs to protect the animal and plant nities for State cooperative institutions in the all that follows and inserting ‘‘, as those needs resources of the United States; and Atlantic and Pacific Oceans. are determined by the Secretary, in consultation (C) educational programs or special studies to ‘‘(e) MATCHING REQUIREMENT.— with the National Agricultural Research, Exten- improve the safety of the food supply of the ‘‘(1) IN GENERAL.—The Secretary may estab- sion, Education, and Economics Advisory United States. lishment a requirement that a State cooperative Board, not later than July 1 of each fiscal year (b) TIMELY, COST-EFFECTIVE RESEARCH.—To institution receiving a grant under this section for the purposes of the following fiscal year.’’; meet the urgent applied research needs of in- shall provide matching funds from non-Federal and spection or regulatory agencies of the Depart- sources in an amount equal to not less than 50 (2) in paragraph (10), by striking ‘‘2002’’ and ment, the Secretary— percent of the grant. inserting ‘‘2006’’. (1) may use a public or private source; and ‘‘(2) WAIVERS.—If the Secretary establishes a SEC. 785. RISK MANAGEMENT EDUCATION FOR (2) shall use the most practicable source to matching requirement under paragraph (1), the BEGINNING FARMERS AND RANCH- provide timely, cost-effective means of providing requirement shall include an option for the Sec- ERS. the research. retary to waive the requirement for an insular (a) IN GENERAL.—Section 524(a)(3) of the Fed- (c) CONFLICTS OF INTEREST.—The Secretary area State cooperative institution for any fiscal eral Crop Insurance Act (7 U.S.C. 1524(a)(3)) is shall establish guidelines to prevent any conflict year if the Secretary determines that the institu- amended by striking subparagraph (A) and in- of interest that may arise if an inspection or tion will be unlikely to meet the matching re- serting the following: regulatory agency of the Department obtains re- quirement for the fiscal year. ‘‘(A) AUTHORITY.—The Secretary, acting search from any Federal agency the work or UTHORIZATION OF APPROPRIATIONS.— ‘‘(f) A through the Cooperative State Research, Edu- technology transfer efforts of which are funded There is authorized to be appropriated to carry cation, and Extension Service, shall establish a in part by an industry subject to the jurisdiction out this section $4,000,000 for each of fiscal program under which competitive grants are of the inspection or regulatory agency of the years 2002 through 2006.’’. made to qualified public and private entities (in- Department. cluding land-grant colleges and universities, co- SEC. 776. MATCHING REQUIREMENTS FOR RE- (d) REGULATIONS.—The Secretary may pro- SEARCH AND EXTENSION FORMULA operative extension services, colleges or univer- mulgate such regulations as are necessary to FUNDS FOR INSULAR AREA LAND- sities, and community colleges), as determined carry out this section. GRANT INSTITUTIONS. by the Secretary, for the purpose of— (a) EXPERIMENT STATIONS.—Section 3(d) of ‘‘(i) educating producers generally about the SEC. 793. EMERGENCY RESEARCH TRANSFER AU- the Hatch Act of 1887 (7 U.S.C. 361c(d)) is full range of risk management activities, includ- THORITY. amended by striking paragraph (4) and insert- ing futures, options, agricultural trade options, (a) IN GENERAL.—Subject to subsection (b), in ing the following: crop insurance, cash forward contracting, debt addition to any other authority that the Sec- ‘‘(4) EXCEPTION FOR INSULAR AREAS.— reduction, production diversification, farm re- retary may have to transfer appropriated funds, ‘‘(A) IN GENERAL.—Effective beginning for fis- sources risk reduction, and other risk manage- the Secretary may transfer up to 2 percent of cal year 2003, in lieu of the matching funds re- ment strategies; or any appropriation made available to an office or quirement of paragraph (1), the insular areas of ‘‘(ii) educating beginning farmers and agency of the Department for a fiscal year for the Commonwealth of Puerto Rico, Guam, and ranchers— agricultural research, extension, marketing, ani- the Virgin Islands of the United States shall ‘‘(I) in the areas described in clause (i); and mal and plant health, nutrition, food safety, provide matching funds from non-Federal ‘‘(II) in risk management strategies, as part of nutrition education, or forestry programs to any sources in an amount equal to not less than 50 programs that are specifically targeted at begin- other appropriation for an office or agency of percent of the formula funds distributed by the ning farmers and ranchers.’’. the Department for emergency research, exten- Secretary to each of the insular areas, respec- (b) TECHNICAL CORRECTION.—Section 524(b) of sion, or education activities needed to address tively, under this section. the Federal Crop Insurance Act (7 U.S.C. imminent threats to animal and plant health, ‘‘(B) WAIVERS.—The Secretary may waive the 1524(b)) is amended by redesignating the second food safety, or human nutrition, including bio- matching fund requirement of subparagraph (A) paragraph (2) and paragraph (3) as paragraphs terrorism. for any fiscal year if the Secretary determines (3) and (4), respectively. (b) LIMITATIONS.—The Secretary may transfer that the government of the insular area will be SEC. 786. AQUACULTURE. funds under subsection (a) only— unlikely to meet the matching requirement for Section 10 of the National Aquaculture Act of (1) on a determination by the Secretary that the fiscal year.’’. 1980 (16 U.S.C. 2809) is amended by striking the need is so imminent that the need will not

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00118 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.018 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1097 be timely met by annual, supplemental, or emer- (A) mentoring, apprenticeships, and intern- Department that may be taught as part of the gency appropriations; ships; curriculum for the program or workshop. (2) in an aggregate amount that does not ex- (B) resources and referral; (4) COOPERATION.— ceed $5,000,000 for any fiscal year; and (C) assisting beginning farmers or ranchers in (A) IN GENERAL.—In carrying out this sub- (3) with the approval of the Director of the acquiring land from retiring farmers and ranch- section, the Secretary shall cooperate, to the Office of Management and Budget. ers; maximum extent practicable, with— SEC. 794. REVIEW OF AGRICULTURAL RESEARCH (D) innovative farm and ranch transfer strate- (i) State cooperative extension services; SERVICE. gies; (ii) Federal and State agencies; (a) IN GENERAL.—The Secretary shall conduct (E) entrepreneurship and business training; (iii) community-based and nongovernmental a review of the purpose, efficiency, effective- (F) model land leasing contracts; organizations; ness, and impact on agricultural research of the (G) financial management training; (iv) colleges and universities (including an in- Agricultural Research Service. (H) whole farm planning; stitution awarding an associate’s degree) or (I) conservation assistance; (b) ADMINISTRATION.—In conducting the re- foundations maintained by a college or univer- (J) risk management education; view, the Secretary shall use persons outside the sity; and (K) diversification and marketing strategies; (v) other appropriate partners, as determined Department, including— (L) curriculum development; (1) Federal scientists; by the Secretary. (M) understanding the impact of concentra- (B) COOPERATIVE AGREEMENT.—Notwith- (2) college and university faculty; tion and globalization; (3) private and nonprofit scientists; or standing chapter 63 of title 31, United States (N) basic livestock and crop farming practices; Code, the Secretary may enter into a cooperative (4) other persons familiar with the role of the (O) the acquisition and management of agri- agreement to reflect the terms of any coopera- Agricultural Research Service in conducting ag- cultural credit; tion under subparagraph (A). ricultural research in the United States. (P) environmental compliance; (e) CURRICULUM AND TRAINING CLEARING- (c) REPORT.—Not later than September 30, (Q) information processing; and 2004, the Secretary shall submit to the Com- (R) other similar subject areas of use to begin- HOUSE.—The Secretary shall establish an online mittee on Agriculture of the House of Represent- ning farmers or ranchers. clearinghouse that makes available to beginning atives and the Committee on Agriculture, Nutri- (2) ELIGIBILITY.—To be eligible to receive a farmers or ranchers education curricula and tion, and Forestry of the Senate a report on the grant under this subsection, the recipient shall training materials and programs, which may in- results of the review. be a collaborative State, tribal, local, or region- clude online courses for direct use by beginning (d) FUNDING.—The Secretary shall use to ally-based network or partnership of public or farmers or ranchers. carry out this section not more than 0.1 percent private entities, which may include— (f) STAKEHOLDER INPUT.—In carrying out this of the amount of appropriations made available (A) a State cooperative extension service; section, the Secretary shall seek stakeholder to the Agricultural Research Service for each of (B) a Federal, State, or tribal agency; input from— fiscal years 2002 through 2004. (C) a community-based and nongovernmental (1) beginning farmers and ranchers; (2) national, State, tribal, and local organiza- SEC. 795. TECHNOLOGY TRANSFER FOR RURAL organization; DEVELOPMENT. (D) a college or university (including an insti- tions and other persons with expertise in oper- ating beginning farmer and rancher programs; (a) IN GENERAL.—The Secretary, acting tution awarding an associate’s degree) or foun- and through the Rural Business-Cooperative Service dation maintained by a college or university; or (3) the Advisory Committee on Beginning and the Agricultural Research Service, shall es- (E) any other appropriate partner, as deter- Farmers and Ranchers established under section tablish a program to promote the availability of mined by the Secretary. 5 of the Agricultural Credit Improvement Act of technology transfer opportunities of the Depart- (3) TERM OF GRANT.—The term of a grant 1992 (7 U.S.C. 1929 note; Public Law 102–554). ment to rural businesses and residents. under this subsection shall not exceed 3 years. ATCHING REQUIREMENT (g) PARTICIPATION BY OTHER FARMERS AND (b) COMPONENTS OF PROGRAM.—The program (4) M .—To be eligible to RANCHERS.—Nothing in this section prohibits shall, to the maximum extent practicable, receive a grant under this subsection, a recipi- the Secretary from allowing farmers and ranch- include— ent shall provide a match in the form of cash or ers who are not beginning farmers or ranchers (1) a website featuring information about the in-kind contributions in an amount equal to 25 from participating in programs authorized program and technology transfer opportunities percent of the funds provided by the grant. under this section to the extent that the Sec- of the Department; (5) SET-ASIDE.—Not less than 25 percent of retary determines that such participation is ap- (2) an annual joint program for State eco- funds used to carry out this subsection for a fis- propriate and will not detract from the primary nomic development directors and Department cal year shall be used to support programs and purpose of educating beginning farmers and rural development directors regarding tech- services that address the needs of— (A) limited resource beginning farmers or ranchers. nology transfer opportunities of the Agricul- ranchers (as defined by the Secretary); (h) FUNDING.— tural Research Service and other offices and (B) socially disadvantaged beginning farmers (1) FEES AND CONTRIBUTIONS.— agencies of the Department; and or ranchers (as defined in section 355(e) of the (A) IN GENERAL.—The Secretary may— (3) technology transfer opportunity programs Consolidated Farm and Rural Development Act (i) charge a fee to cover all or part of the costs at each Agricultural Research Service labora- (7 U.S.C. 2003(e)); and of curriculum development and the delivery of tory, conducted at least biennially, which may (C) farmworkers desiring to become farmers or programs or workshops provided by— include participation by other local Federal lab- ranchers. (I) a beginning farmer and rancher education oratories, as appropriate. (6) PROHIBITION.—A grant made under this team established under subsection (d); or (c) FUNDING.—The Secretary shall use to subsection may not be used for the planning, re- (II) the online clearinghouse established carry out this section— pair, rehabilitation, acquisition, or construction under subsection (e); and (1) amounts made available to the Agricul- of a building or facility. (ii) accept contributions from cooperating en- tural Research Service; and (7) ADMINISTRATIVE COSTS.—The Secretary tities under a cooperative agreement entered (2) amounts made available to the Rural Busi- shall use not more than 4 percent of the funds into under subsection (d)(4)(B) to cover all or ness-Cooperative Service for salaries and ex- made available to carry out this section for ad- part of the costs for the delivery of programs or penses. ministrative costs incurred by the Secretary in workshops by the beginning farmer and rancher SEC. 796. BEGINNING FARMER AND RANCHER DE- carrying out this section. education teams. VELOPMENT PROGRAM. (d) EDUCATION TEAMS.— (B) AVAILABILITY.—Fees and contributions re- (a) DEFINITION OF BEGINNING FARMER OR (1) IN GENERAL.—In carrying out this section, ceived by the Secretary under subparagraph (A) RANCHER.—In this section, the term ‘‘beginning the Secretary shall establish beginning farmer shall— farmer or rancher’’ means a person that— and rancher education teams to develop cur- (i) be deposited in the account that incurred (1)(A) has not operated a farm or ranch; or ricula and conduct educational programs and the costs to carry out this section; (B) has operated a farm or ranch for not more workshops for beginning farmers or ranchers in (ii) be available to the Secretary to carry out than 10 years; and diverse geographical areas of the United States. the purposes of the account, without further ap- (2) meets such other criteria as the Secretary (2) CURRICULUM.—In promoting the develop- propriation; may establish. ment of curricula, the Secretary shall, to the (iii) remain available until expended; and (b) PROGRAM.—The Secretary shall establish a maximum extent practicable, include modules (iv) be in addition to any funds made avail- beginning farmer and rancher development pro- tailored to specific audiences of beginning farm- able under paragraph (2). gram to provide training, education, outreach, ers or ranchers, based on crop or regional diver- (2) TRANSFERS.— and technical assistance initiatives for begin- sity. (A) IN GENERAL.—Not later than 30 days after ning farmers or ranchers. (3) COMPOSITION.—In establishing an edu- the date of enactment of this Act, and on Octo- (c) GRANTS.— cation team for a specific program or workshop, ber 1, 2002, and each October 1 thereafter (1) IN GENERAL.—In carrying out this section, the Secretary shall, to the maximum extent through October 1, 2005, out of any funds in the the Secretary shall make competitive grants to practicable— Treasury not otherwise appropriated, the Sec- support new and established local and regional (A) obtain the short-term services of specialists retary of the Treasury shall transfer to the Sec- training, education, outreach, and technical as- with knowledge and expertise in programs serv- retary to carry out this section $15,000,000, to re- sistance initiatives for beginning farmers or ing beginning farmers or ranchers; and main available for 2 fiscal years. ranchers, including programs and services (as (B) use officers and employees of the Depart- (B) RECEIPT AND ACCEPTANCE.—The Secretary appropriate) relating to— ment with direct experience in programs of the shall be entitled to receive, shall accept, and

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00119 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.018 pfrm01 PsN: S25PT1 S1098 CONGRESSIONAL RECORD — SENATE February 25, 2002 shall use to carry out this section the funds lic policymakers and private entities in making (1) describes— transferred under subparagraph (A), without decisions that affect development in rural areas. (A) the extent to which producers and han- further appropriation. (e) ELIGIBLE GRANTEES.—The Secretary may dlers of organic agricultural products are con- SEC. 797. SENSE OF CONGRESS REGARDING DOU- make a grant under this section to— tributing to research and promotion programs of BLING OF FUNDING FOR AGRICUL- (1) an individual; the Department of Agriculture; TURAL RESEARCH. (2) a college or university or a foundation (B) the extent to which producers and han- It is the sense of Congress that— maintained by a college or university; dlers of organic agricultural products are sur- (1) Federal funding for food and agricultural (3) a State cooperative institution (as defined veyed for ideas for research and promotion; research has been essentially constant for 2 dec- in section 1404 of the National Agricultural Re- (C) ways in which the programs reflect the ades, putting at risk the scientific base on which search, Extension, and Teaching Policy Act of contributions made by producers and handlers food and agricultural advances have been made; 1977 (7 U.S.C. 3103)); of organic agricultural products and directly (2) the resulting increase in the relative pro- (4) a community college; benefit the producers and handlers; and portion of private sector, industry investments (5) a nonprofit organization, institution, or (D) the implementation of initiatives that di- in food and agricultural research has led to association; rectly benefit organic producers and handlers; questions about the independence and objec- (6) a business association; and tivity of research and outreach conducted by (7) an agency of a State, local, or tribal gov- (2) evaluates industry and other proposals for the Federal and university research sectors; and ernment; or improving the treatment of certified organic ag- (3) funding for food and agricultural research (8) a regional partnership of public and pri- ricultural products under Federal marketing or- should be at least doubled over the next 5 fiscal vate agencies. ders, including proposals to target additional re- (f) TERM.—A grant under this section shall years— sources for research and promotion of organic have a term that does not exceed 5 years. (A) to restore the balance between public and products and to differentiate between certified (g) MATCHING FUNDS.— private sector funding for food and agricultural organic and other products in new or existing (1) IN GENERAL.—Subject to paragraph (2), the research; and volume limitations or other orderly marketing Secretary may require as a condition of the (B) to maintain the scientific base on which requirements. food and agricultural advances are made. grant that the grant funding be matched, in whole or in part, with matching funds from a TITLE VIII—FORESTRY SEC. 798. RURAL POLICY RESEARCH. non-Federal source. SEC. 801. OFFICE OF INTERNATIONAL FORESTRY. (a) IN GENERAL.—There is established in the (2) BUSINESS ASSOCIATIONS.—The Secretary Treasury of the United States an account to be Section 2405(d) of the Food, Agriculture, Con- shall require that a grant to a business associa- known as the ‘‘Rural Research Fund Account’’ servation, and Trade Act of 1990 (7 U.S.C. tion be matched with equal matching funds from (referred to in this section as the ‘‘Account’’) to 6704(d)) is amended by striking ‘‘2002’’ and in- a non-Federal source. provide funds for activities described in sub- serting ‘‘2006’’. (h) ADMINISTRATIVE COSTS.—The Secretary section (c). SEC. 802. MCINTIRE-STENNIS COOPERATIVE FOR- may use not more than 4 percent of the funds (b) FUNDING.— ESTRY RESEARCH PROGRAM. made available for grants under this section to (1) IN GENERAL.—Not later than 30 days after It is the sense of Congress to reaffirm the im- pay administrative costs incurred by the Sec- the date of enactment of this Act, and on Octo- portance of Public Law 87–88 (16 U.S.C. 582a et retary in carrying out this section. ber 1, 2002, and each October 1 thereafter seq.), commonly known as the ‘‘McIntire-Sten- through October 1, 2005, out of any funds in the SEC. 798A. PRIORITY FOR FARMERS AND RANCH- nis Cooperative Forestry Act’’. ERS PARTICIPATING IN CONSERVA- Treasury not otherwise appropriated, the Sec- SEC. 803. SUSTAINABLE FORESTRY OUTREACH TION PROGRAMS. retary of the Treasury shall transfer to the Ac- INITIATIVE; RENEWABLE RE- In carrying out new on-farm research or ex- count to carry out this section $15,000,000, to re- SOURCES EXTENSION ACTIVITIES. tension programs or projects authorized by this main available for 2 fiscal years. (a) SUSTAINABLE FORESTRY OUTREACH INITIA- Act, an amendment made by this Act, or any (2) RECEIPT AND ACCEPTANCE.—The Secretary TIVE.—The Renewable Resources Extension Act Act enacted after the date of enactment of this shall be entitled to receive, shall accept, and of 1978 is amended by inserting after section 5A Act, the Secretary shall give priority in carrying shall use to carry out this section the funds (16 U.S.C. 1674a) the following: out the programs or projects to using farms or transferred under paragraph (1), without fur- ranches of farmers or ranchers that participate ‘‘SEC. 5B. SUSTAINABLE FORESTRY OUTREACH ther appropriation. INITIATIVE. in Federal agricultural conservation programs. (c) PURPOSES.—The Secretary shall use the ‘‘The Secretary shall establish a program, to funds in the Account to make competitive re- SEC. 798B. ORGANIC PRODUCTION AND MARKET be known as the ‘Sustainable Forestry Outreach DATA INITIATIVES. search grants for applied and outcome oriented Initiative’, to educate landowners concerning— The Secretary shall ensure that segregated research and policy research and analysis of ‘‘(1) the value and benefits of practicing sus- data on the production and marketing of or- rural issues relating to— tainable forestry; ganic agricultural products is included in the (1) rural sociology; ‘‘(2) the importance of professional forestry ongoing baseline of data collection regarding (2) effects of demographic change, including advice in achieving sustainable forestry objec- agricultural production and marketing. aging population, outmigration, and labor re- tives; and sources; SEC. 798C. ORGANICALLY PRODUCED PRODUCT ‘‘(3) the variety of public and private sector (3) needs of groups of rural citizens, including RESEARCH AND EDUCATION. resources available to assist the landowners in senior citizens, families, youth, children, and so- Not later than December 1, 2004, the Sec- planning for and practicing sustainable for- cially disadvantaged individuals; retary, acting through the Administrator of the estry.’’. Economic Research Service, shall prepare, in (4) rural community development; (b) RENEWABLE RESOURCES EXTENSION ACTIVI- consultation with the Advisory Committee on (5) rural infrastructure, including water and TIES.— Small Farms, and submit to the Committee on waste, community facilities, telecommuni- (1) AUTHORIZATION OF APPROPRIATIONS.—Sec- cations, electricity, and high-speed broadband Agriculture of the House of Representatives and tion 6 of the Renewable Resources Extension Act services; the Committee on Agriculture, Nutrition, and of 1978 (16 U.S.C. 1675) is amended by striking (6) rural business development, including Forestry of the Senate, a report on— the first sentence and inserting the following: credit, venture capital, cooperatives, value- (1) the impact on small farms of the implemen- ‘‘There is authorized to be appropriated to carry added enterprises, new and alternative markets, tation of the national organic program under out this Act $30,000,000 for each of fiscal years farm and rural enterprise formation, and entre- part 205 of title 7, Code of Federal Regulations; 2002 through 2006.’’. and preneurship; (2) TERMINATION DATE.—Section 8 of the Re- (2) the production and marketing costs to pro- (7) farm management, including strategic newable Resources Extension Act of 1978 (16 ducers and handlers associated with planning, business and marketing opportunities, U.S.C. 1671 note; Public Law 95–306) is amended transitioning to organic production. risk management, natural resources and envi- by striking ‘‘2000’’ and inserting ‘‘2006’’. ronmental management, organic and sustain- SEC. 798D. INTERNATIONAL ORGANIC RESEARCH SEC. 804. FORESTRY INCENTIVES PROGRAM. able farming systems, public sector development COLLABORATION. Section 4(j) of the Cooperative Forestry Assist- of new crops and crop varieties, and The Secretary, acting through the Agricul- ance Act of 1978 (16 U.S.C. 2103(j)) is amended intergenerational transfer strategies; tural Research Service (including the National (8) rural education and extension programs, Agriculture Library) and the Economic Re- by striking ‘‘2002’’ and inserting ‘‘2006’’. including methods of delivery, availability of re- search Service, shall facilitate access by re- SEC. 805. SUSTAINABLE FORESTRY COOPERATIVE sources, and use of distance learning; and search and extension professionals, farmers, and PROGRAM. (9) rural health, including mental health, on- other interested persons in the United States to, The Cooperative Forestry Assistance Act of farm safety, and food safety. and the use by those persons of, organic re- 1978 is amended by inserting after section 5 (16 (d) REQUIREMENTS.—In making grants under search conducted outside the United States. U.S.C. 2103a) the following: this section, the Secretary shall— SEC. 798E. REPORT ON PRODUCERS AND HAN- ‘‘SEC. 5A. SUSTAINABLE FORESTRY COOPERATIVE (1) solicit and consider public input from per- DLERS OF ORGANIC AGRICULTURAL PROGRAM. sons who conduct or use agricultural research, PRODUCTS. ‘‘(a) DEFINITIONS.—In this section: extension, education, or rural development pro- Not later than 1 year after funds are made ‘‘(1) FARMER OR RANCHER.—The term ‘farmer grams; and available to carry out this section, the Secretary or rancher’ means a person engaged in the pro- (2) ensure that funded proposals will provide of Agriculture shall submit to Congress a report duction of an agricultural commodity (including high-quality research that may be of use to pub- that— livestock).

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‘‘(2) FORESTRY COOPERATIVE.—The term ‘for- and valuable because properly managed forest ‘‘(iii) a broad range of private sector interests. estry cooperative’ means an association that is— stands are less susceptible to catastrophic fire, ‘‘(c) STATE PRIORITY PLAN.— ‘‘(A) owned and operated by nonindustrial as demonstrated by the catastrophic fire seasons ‘‘(1) IN GENERAL.—Subject to paragraph (3), as private forest landowners; and of 1998 and 2000; a condition of receipt of funding under the pro- ‘‘(B) comprised of members— (G) owners of nonindustrial private forest gram, a State Forester and the Committee of the ‘‘(i) of which at least 51 percent are farmers or land face increased pressure to make that land State shall jointly develop and submit to the ranchers; and available for development and other uses, result- Secretary a 5-year plan that describes the fund- ‘‘(ii) that use sustainable forestry practices on ing in forest land loss and fragmentation that ing priorities of the State in meeting the pur- nonindustrial private forest land to create a reduces the ability of private forest land to pro- poses of the program. long-term, sustainable income stream. vide a full range of societal benefits; ‘‘(2) PUBLIC PARTICIPATION.—The plan sub- ‘‘(3) NONINDUSTRIAL PRIVATE FOREST LAND.— (H) complex investments in the management of mitted to the Secretary under paragraph (1) The term ‘nonindustrial private forest land’ has long-rotation forest stands, including sustain- shall include documentation of the efforts of the the meaning given the term ‘nonindustrial pri- able hardwood management, are often the most State to provide for public participation in the vate forest lands’ in section 5(c). difficult commitments for owners of nonindus- development of the plan. ‘‘(b) ESTABLISHMENT.—The Secretary shall es- trial private forest land; ‘‘(3) STATE PRIORITIES.—The Secretary shall tablish a program, to be known as the ‘sustain- (I) the investment of a single Federal dollar in ensure, to the maximum extent practicable, that able forestry cooperative program’, under which State and private forestry programs is estimated the need for expanded technical assistance pro- the Secretary shall provide, to nonprofit organi- to leverage, on the average, $9 from State, local, grams for owners is met in the annual funding zations on a competitive basis, grants to estab- and private sources; and priorities of each State described in paragraph lish, and develop and support, sustainable for- (J) comprehensive, multiresource planning as- (1). estry practices carried out by members of, for- sistance made available to each landowner be- ‘‘(d) PURPOSES.—The Secretary shall allocate estry cooperatives. fore the provision of technical assistance would resources of the Secretary among States in ac- ‘‘(c) USE OF FUNDS.— provide an opportunity to ensure that the land- cordance with subsection (j) to encourage, in ac- ‘‘(1) IN GENERAL.—Subject to paragraph (2), owner is aware of the many projects and activi- cordance with the plan of each State described funds from a grant provided under this section ties eligible for cost-share assistance. in subsection (c)— shall be used for— (2) PURPOSES.—The purposes of this section ‘‘(1) the investment in practices to establish, ‘‘(A) predevelopment, development, start-up, are— restore, protect, manage, maintain, and enhance capital acquisition, and marketing costs associ- (A) to strengthen the commitment of the Sec- the health and productivity of the nonindustrial ated with a forestry cooperative; or retary to sustainable forest management to en- private forest land in the United States; ‘‘(B) the development or support of a sustain- hance the productivity of timber, fish and wild- ‘‘(2) the occurrence of afforestation, reforest- able forestry practice of a member of a forestry life habitat, soil and water quality, wetland, ation, improvement of poorly stocked stands, cooperative. recreational resources, and aesthetic values of timber stand improvement, practices necessary ‘‘(2) CONDITIONS ‘‘(A) DEVELOPMENT.—The Secretary shall pro- forest land; and to improve seedling growth and survival, and vide funds under paragraph (1)(A) only to a (B) to establish a coordinated and cooperative growth enhancement practices as needed to en- nonprofit organization with demonstrated ex- Federal, State, and local sustainable forestry hance and sustain the long-term productivity of pertise in cooperative development, as deter- program for the establishment, management, timber and nontimber forest resources to— mined by the Secretary. maintenance, enhancement, and restoration of ‘‘(A) meet projected public demand for forest ‘‘(B) COMPLIANCE WITH PLAN.—A sustainable forests on nonindustrial private forest land. resources; and forestry practice developed or supported (b) PROGRAM.—The Cooperative Forestry As- ‘‘(B) provide environmental benefits; through the use of funds from a grant under sistance Act of 1978 is amended by inserting ‘‘(3) the protection of riparian buffers and for- this section shall comply with any applicable after section 6 (16 U.S.C. 2103b) the following: est wetland; standards for sustainable forestry contained in ‘‘SEC. 6A. SUSTAINABLE FOREST MANAGEMENT ‘‘(4) the maintenance and enhancement of fish a management plan that— PROGRAM. and wildlife habitat; ‘‘(i) meets the requirements of section 6A(g); ‘‘(a) DEFINITIONS.—In this section: ‘‘(5) the enhancement of soil, air, and water and ‘‘(1) COMMITTEE.—The term ‘Committee’ quality; ‘‘(ii) is approved by the State forester (or means a State Forest Stewardship Coordinating ‘‘(6) through the use of agroforestry practices, equivalent State official). Committee established under section 19(b). the reduction of soil erosion and maintenance of ‘‘(d) FUNDING.— ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ soil quality; ‘‘(1) IN GENERAL.—Not later than 30 days after has the meaning given the term in section 4 of ‘‘(7) the maintenance and enhancement of the the date of enactment of this section, and on the Indian Self-Determination and Education forest landbase; October 1, 2002, and each October 1 thereafter Assistance Act (25 U.S.C. 450b). ‘‘(8) the reduction of the threat of cata- through October 1, 2005, out of any funds in the ‘‘(3) PROGRAM.—The term ‘program’ means strophic wildfires; and Treasury not otherwise appropriated, the Sec- the sustainable forest management program es- ‘‘(9) the preservation of aesthetic quality and retary of the Treasury shall transfer to the Sec- tablished under subsection (b)(1). opportunities for outdoor recreation. retary of Agriculture to carry out this section ‘‘(4) NONINDUSTRIAL PRIVATE FOREST LAND.— ‘‘(e) ELIGIBILITY.— $2,000,000, to remain available until expended. The term ‘nonindustrial private forest land’ has ‘‘(1) COST-SHARE ASSISTANCE.— ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- the meaning given the term ‘nonindustrial pri- ‘‘(A) IN GENERAL.—Except as provided in retary shall be entitled to receive, shall accept, vate forest lands’ in section 5(c). paragraph (2), an owner shall be eligible to re- and shall use to carry out this section the funds ‘‘(5) OWNER.—The term ‘owner’ means an ceive cost-share assistance from a State forester transferred under paragraph (1), without fur- owner of nonindustrial private forest land. under the program if the owner— ther appropriation.’’. ‘‘(6) STATE FORESTER.—The term ‘State for- ‘‘(i) develops a management plan in accord- SEC. 806. SUSTAINABLE FOREST MANAGEMENT ester’ means the director or other head of a ance with subsection (f) that— PROGRAM. State forestry agency (or an equivalent State of- ‘‘(I) addresses site-specific activities and prac- (a) FINDINGS AND PURPOSES.— ficial). tices; and (1) FINDINGS.—Congress finds that— ‘‘(b) ESTABLISHMENT.— ‘‘(II) is approved by the State forester; (A) the United States is becoming increasingly ‘‘(1) IN GENERAL.—The Secretary shall estab- ‘‘(ii) agrees to implement approved activities dependent on nonindustrial private forest land lish a sustainable forest management program in accordance with the management plan for a to supply necessary market commodities and to— period of not less than 10 years, unless the State nonmarket conservation values; ‘‘(A) provide financial assistance to State for- forester approves a modification to the manage- (B) there is a strong demand for expanded as- esters; and ment plan; and sistance programs for owners of nonindustrial ‘‘(B) encourage the long-term sustainability of ‘‘(iii) except as provided in subparagraph (B), private forest land because the majority of the nonindustrial private forest land in the United owns not more than 1,000 acres of nonindustrial wood supply of the United States comes from States by assisting the owners of nonindustrial private forest land. nonindustrial private forest land; private forest land, through State foresters, in ‘‘(B) EXCEPTION FOR SIGNIFICANT PUBLIC BEN- (C) soil, water, and air quality, fish and wild- more actively managing the nonindustrial pri- EFITS.—The Secretary may approve the provi- life habitat, aesthetic values, and opportunities vate forest land and related resources of those sion of cost-share assistance to an owner that for outdoor recreation in the United States owners through the use of State, Federal, and owns more than 1,000 but less than 5,000 acres would be maintained and improved through private sector resource management expertise, fi- of nonindustrial private forest land if the Sec- good stewardship of nonindustrial private forest nancial assistance, and educational programs. retary, in consultation with the State forester, land; ‘‘(2) COORDINATION.—The Secretary, acting determines that significant public benefits will (D) the products and services resulting from through State foresters, shall implement the accrue as a result of the approval. stewardship of nonindustrial private forest land program— ‘‘(2) PAYMENT FOR PLAN DEVELOPMENT.—The contribute to the economic, social, and ecologi- ‘‘(A) in coordination with the Committees; Secretary, acting through a State forester, may cal health and diversity of rural communities; and provide cost-share assistance to an owner to de- (E) catastrophic wildfires threaten human ‘‘(B) in consultation with— velop a management plan. lives, property, forests, and other resources; ‘‘(i) other Federal, State, and local natural re- ‘‘(3) LIMITATIONS.—An owner shall receive no (F) Federal and State cooperation in forest source management agencies; cost-share assistance for management of non- fire prevention and control has proven effective ‘‘(ii) institutions of higher education; and industrial private forest land under this section

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if the owner receives cost-share assistance for ‘‘(G) the conduct of other management activi- ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- that land under— ties, such as the reduction of hazardous fuel retary shall be entitled to receive, shall accept, ‘‘(A) the forestry incentives program under use, that reduce the risks to forests posed by, and shall use to carry out this section the funds section 4; and that restore, recover, and mitigate the dam- transferred under paragraph (1), without fur- ‘‘(B) the stewardship incentives program age to forests caused by, fire or any other cata- ther appropriation.’’. under section 6; or strophic event, as determined by the Secretary; SEC. 807. FOREST LEGACY PROGRAM. ‘‘(C) any conservation program administered ‘‘(H) the development of management plans; Section 7(l) of the Cooperative Forestry Man- by the Secretary. ‘‘(I) the acquisition by the State of permanent agement Act of 1978 (16 U.S.C. 2103c(l)) is ‘‘(4) RATE; SCHEDULE.—Subject to paragraph easements to maintain forest cover and protect amended by adding at the end the following: (5), the Secretary, in consultation with the State important forest values; and ‘‘(3) STATE AUTHORIZATION.—Notwithstanding forester, shall determine the rate and timing of ‘‘(J) the conduct of other activities approved any other provision of this Act, a State may au- cost-share payments. by the Secretary, in consultation with the State thorize any local government, or any qualified ‘‘(5) AMOUNT.— forester and the appropriate Committees. organization that is defined in section 170(h)(3) ‘‘(A) PERCENTAGE OF COST.—Subject to sub- ‘‘(h) FAILURE TO COMPLY.— of the Internal Revenue Code of 1986 and orga- paragraph (B), a cost-share payment shall not ‘‘(1) IN GENERAL.—The Secretary shall estab- nized for at least 1 of the purposes described in exceed the lesser of an amount equal to— lish a procedure to recover cost-share payments clause (i), (ii), or (iii) of section 170(h)(4)(A) of ‘‘(i) 75 percent of the total cost of imple- made under this section in any case in which that Code, to acquire in land in the State, in ac- menting the project or activity; or the recipient of the payment fails— cordance with this section, 1 or more interests in ‘‘(ii) such lesser percentage of the total cost of ‘‘(A) to implement a project or activity in ac- conservation easements to carry out the Forest implementing the project or activity as is deter- cordance with the management plan; or Legacy Program in the State.’’. mined by the appropriate State forester. ‘‘(B) comply with any requirement of this sec- SEC. 808. FOREST FIRE RESEARCH CENTERS. ‘‘(B) AGGREGATE PAYMENT LIMIT.—The Sec- tion. (a) FINDINGS.—Congress finds that— retary shall determine the maximum aggregate ‘‘(2) ADDITIONAL AUTHORITY.—The authority (1) there is an increasing threat of fire to mil- amount of cost-share payments that an owner under paragraph (1) shall be in addition to, and lions of acres of forest land and rangeland may receive under this section. not in lieu of, any other authority available to throughout the United States; ‘‘(f) MANAGEMENT PLAN.—An owner that the Secretary. (2) this threat is especially great in the inte- seeks to participate in the program shall— ‘‘(i) REPORTS.— rior States of the western United States, where ‘‘(1) submit to the State forester a manage- ‘‘(1) INTERIM REPORT.—Not later than 21⁄2 the Forest Service estimates that 39,000,000 acres ment plan that— years after the date on which funds are made of National Forest System land are at high risk ‘‘(A) meets the requirements of this section; available to implement a State priority plan of catastrophic wildfire; and under subsection (c), the State implementing the (3)(A) the degraded condition of forest land ‘‘(B)(i) is prepared by, or in consultation plan shall submit to the Secretary an interim re- and rangeland is often the consequence of land with, a professional resource manager; port describing the status of projects and activi- management practices that emphasize the con- ‘‘(ii) identifies and describes projects and ac- ties funded under the plan as of that date. trol and prevention of fires; and tivities to be carried out by the owner to protect ‘‘(2) FINAL REPORT.—Not later than 5 years (B) the land management practices disrupted soil, water, air, range, and aesthetic quality, after the date on which funds are made avail- the occurrence of frequent low-intensity fires recreation, timber, water, wetland, and fish and able to implement a State priority plan under that periodically remove flammable under- wildlife resources on the land in a manner that subsection (c), the State implementing the plan growth; is compatible with the objectives of the owner; shall submit to the Secretary a final report de- (4) as a result of the land management ‘‘(iii) addresses any criteria established by the scribing the status of all projects and activities practices— applicable State and the applicable Committee; funded under the plan as of that date. (A) some forest land and rangeland in the and ‘‘(j) DISTRIBUTION.— United States no longer function naturally as ‘‘(iv)(I) at a minimum, applies to the portion ‘‘(1) IN GENERAL.—The Secretary, acting ecosystems; and of the land on which any project or activity through State foresters, shall distribute funds (B) drought cycles and the invasion of insects funded under the program will be carried out; or available for cost sharing under the program and disease have resulted in vast areas of dead ‘‘(II) in a case in which a project or activity based on a nationwide funding formula devel- or dying trees, overstocked stands, and the inva- described in subclause (I) may affect acreage oped under paragraph (2). sion of undesirable species; (5)(A) population movement into wildland- outside the portion of the land on which the ‘‘(2) FORMULA.—In developing the formula re- project or activity is carried out, applies to all ferred to in paragraph (1), the Secretary shall— urban interface areas exacerbate the fire dan- land of the owner that is in forest cover and ‘‘(A) assess public benefits that would result ger; (B) the increasing number of larger, more in- that may be affected by the project or activity; from the distribution; and tense fires pose grave hazards to human health, and ‘‘(B) consider— safety, property, and infrastructure in the ‘‘(2) agree that all projects and activities con- ‘‘(i) the total acreage of nonindustrial private areas; and ducted on the land shall be consistent with the forest land in each State; (C) smoke from wildfires, which contain fine management plan. ‘‘(ii) the potential productivity of that land, particulate matter and other hazardous pollut- ‘‘(g) APPROVED ACTIVITIES.— as determined by the Secretary; ants, pose substantial health risks to people liv- ‘‘(1) IN GENERAL.—The Secretary, in consulta- ‘‘(iii) the number of owners eligible for cost ing in the areas; tion with the State forester and the appropriate sharing in each State; (6)(A) the budgets and resources of Federal, Committee, shall develop for each State a list of ‘‘(iv) the opportunities to enhance nontimber State, and local entities supporting firefighting approved forest activities and practices eligible resources on that land, including— efforts have been stretched to their limits; for cost-share assistance that meets the purposes ‘‘(I) the protection of riparian buffers and for- (B) according to the Comptroller General, the of the program described in subsection (d). est wetland; average cost of attempting to put out fires in the ‘‘(2) TYPES OF ACTIVITIES.—Approved activi- ‘‘(II) the preservation of fish and wildlife interior West grew by 150 percent, from ties and practices under paragraph (1) may con- habitat; $134,000,000 in fiscal year 1986 to $335,000,000 in ‘‘(III) the enhancement of soil, air, and water sist of activities and practices for— fiscal year 1994; and ‘‘(A) the establishment, management, mainte- quality; and (C) the costs of preparedness, including the nance, and restoration of forests for shelterbelts, ‘‘(IV) the preservation of aesthetic quality costs of maintaining a readiness force to fight windbreaks, aesthetic quality, and other con- and opportunities for outdoor recreation; fires, rose about 70 percent, from $189,000,000 in servation purposes; ‘‘(v) the anticipated demand for timber and fiscal year 1992 to $326,000,000 in fiscal year ‘‘(B) the sustainable growth and management nontimber resources in each State; 1997; of forests for timber production; ‘‘(vi) the need to improve forest health to min- (7) diminishing Federal resources (including ‘‘(C) the restoration, use, and enhancement of imize the damaging effects of catastrophic fire, the availability of personnel) have limited the forest wetland and riparian areas; insects, disease, or weather; ability of Federal fire researchers— ‘‘(D) the protection of water quality and wa- ‘‘(vii) the need and demand for agroforestry (A) to respond to management needs; and tersheds through— practices in each State; (B) to use technological advancements for ‘‘(i) the planting of trees in riparian areas; ‘‘(viii) the need to maintain and enhance the analyzing fire management costs; and forest landbase; and (8) the Federal fire research program is fund- ‘‘(ii) the enhanced management and mainte- ‘‘(ix) the need for afforestation, reforestation, ed at approximately 1⁄3 of the amount that is re- nance of native vegetation on land vital to and timber stand improvement. quired to address emerging fire problems, result- water quality; ‘‘(k) FUNDING.— ing in the lack of a cohesive strategy to address ‘‘(E) the preservation, restoration, or develop- ‘‘(1) IN GENERAL.—Not later than 30 days after the threat of catastrophic wildfires; and ment of habitat for plants, fish, and wildlife; the date of enactment of this section, and on (9) there is a critical need for cost-effective in- ‘‘(F)(i) the control, detection, monitoring, and October 1, 2002, and each October 1 thereafter vestments in improved fire management tech- prevention of the spread of invasive species and through October 1, 2005, out of any funds in the nologies. pests on nonindustrial private forest land; and Treasury not otherwise appropriated, the Sec- (b) FOREST FIRE RESEARCH CENTERS.—The ‘‘(ii) the restoration of nonindustrial private retary of the Treasury shall transfer to the Sec- Forest and Rangeland Renewable Resources Re- forest land affected by invasive species and retary of Agriculture to carry out this section search Act of 1978 (16 U.S.C. 1641 et seq.) is pests; $48,000,000, to remain available until expended. amended by adding at the end the following:

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‘‘SEC. 11. FOREST FIRE RESEARCH CENTERS. (B) commit resources to support planning, as- (1) GRANTS.— ‘‘(a) IN GENERAL.—Subject to the availability sessments, and project reviews to ensure that (A) IN GENERAL.—Subject to the availability of of appropriations, the Secretary of Agriculture, hazardous fuels management is accomplished appropriations, the Secretary may make grants acting through the Chief of the Forest Service expeditiously and in an environmentally sound to— (referred to in this section as the ‘Secretary’) manner. (i) persons that operate existing or new bio- shall establish at least 2 forest fire research cen- (b) DEFINITIONS.—In this section: mass-to-energy facilities to offset the costs in- ters at institutions of higher education (which (1) BIOMASS-TO-ENERGY FACILITY.—The term curred by those persons in purchasing haz- may include research centers in existence on the ‘‘biomass-to-energy facility’’ means a facility ardous fuels derived from public and private for- date of enactment of this section) that— that uses forest biomass or other biomass as a est land adjacent to eligible communities; and ‘‘(1) have expertise in natural resource devel- raw material to produce electric energy, useful (ii) persons in rural communities that are opment; and heat, or a transportation fuel. seeking ways to improve the use of, or add value ‘‘(2) are located in close proximity to other (2) ELIGIBLE COMMUNITY.—The term ‘‘eligible to, hazardous fuels. Federal natural resource, forest management, community’’ means— (B) SELECTION CRITERIA.—The Secretary shall and land management agencies. (A) any town, township, municipality, or select recipients for grants under subparagraph ‘‘(b) LOCATIONS.—Of the forest fire research other similar unit of local government (as deter- (A)(i) based on— centers established under subsection (a)— mined by the Secretary), or any area rep- (i) planned purchases by the recipients of haz- ‘‘(1) at least 1 center shall be located in Cali- resented by a nonprofit corporation or institu- ardous fuels, as demonstrated by the recipient fornia, Idaho, Montana, Oregon, or Wash- tion organized under Federal or State law to through the submission to the Secretary of such ington; and promote broad-based economic development, assurances as the Secretary may require; ‘‘(2) at least 1 center shall be located in Ari- that— (ii) the level of anticipated benefits of those zona, Colorado, Nevada, New Mexico, or Wyo- (i) has a population of not more than 10,000 purchases in reducing the risk of wildfires; ming. individuals; (iii) the extent to which the biomass-to-energy ‘‘(c) DUTIES.—At each of the forest fire re- (ii) is located within a county in which at facility avoids adverse environmental impacts, search centers established under subsection (a), least 15 percent of the total primary and sec- including cumulative impacts, over the expected the Secretary shall provide for— ondary labor and proprietor income is derived life of the biomass-to-energy facility; and ‘‘(1) the conduct of integrative, interdiscipli- from forestry, wood products, and forest-related (iv) the demonstrable level of anticipated ben- nary research into the ecological, socioeconomic, industries, such as recreation, forage produc- efits for eligible communities, including the po- and environmental impact of fire control and tion, and tourism; and tential to develop thermal or electric energy re- the use of management of ecosystems and land- (iii) is located near forest land, the condition sources or affordable energy for communities. scapes to facilitate fire control; and of which land the Secretary determines poses a (2) GRANT AMOUNTS.— ‘‘(2) the development of mechanisms to rapidly substantial present or potential hazard to— (A) IN GENERAL.—A grant under subpara- transfer new fire control and management tech- (I) the safety of a forest ecosystem; graph (A)(i) shall— nologies to fire and land managers. (II) the safety of wildlife; or (i) be based on— ‘‘(d) ADVISORY COMMITTEE.— (III) in the case of a wildfire, the safety of (I) the distance required to transport haz- ‘‘(1) IN GENERAL.—The Secretary, in consulta- firefighters, other individuals, and communities; ardous fuels to a biomass-to-energy facility; and tion with the Secretary of the Interior, shall es- and (II) the cost of removal of hazardous fuels; tablish a committee composed of fire and land (B) any county that is not contained within a and managers and fire researchers to determine the metropolitan statistical area that meets the con- (ii) be in an amount that is at least equal to areas of emphasis and establish priorities for re- ditions described in clauses (ii) and (iii) of sub- the product obtained by multiplying— search projects conducted at forest fire research paragraph (A). (I) the number of tons of hazardous fuels de- centers established under subsection (a). (3) FOREST BIOMASS.—The term ‘‘forest bio- livered to a grant recipient; by ‘‘(2) ADMINISTRATION.—The Federal Advisory mass’’ means fuel and biomass accumulation (II) an amount that is at least $5 but not more Committee Act (5 U.S.C. App.) and section 102 of from precommercial thinnings, slash, and brush than $10 per ton of hazardous fuels, as deter- the Agricultural Research, Extension, and Edu- on forest land. mined by the Secretary taking into consider- cation Reform Act of 1998 (7 U.S.C. 7612) shall (4) HAZARDOUS FUEL.—The term ‘‘hazardous ation the factors described in clause (i). not apply to the committee established under fuel’’ means any excessive accumulation of for- (B) LIMITATION ON INDIVIDUAL GRANTS.— paragraph (1). est biomass or other biomass on public or private (i) IN GENERAL.—Except as provided in clause ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— forest land in the wildland-urban interface (as (ii), a grant under subparagraph (A) shall not There are authorized to be appropriated such defined by the Secretary) that— exceed $1,500,000 for any biomass-to-energy fa- sums as are necessary to carry out this sec- (A) is located near an eligible community; cility for any fiscal year. tion.’’. (B) is designated as condition class 2 or 3 (ii) SMALL BIOMASS-TO-ENERGY FACILITIES.—A SEC. 809. WILDFIRE PREVENTION AND HAZ- under the report of the Forest Service entitled biomass-to-energy facility that has an annual ARDOUS FUEL PURCHASE PILOT ‘‘Protecting People and Sustainable Resources production of 5 megawatts or less shall not be PROGRAM. in Fire-Adapted Ecosystems’’, dated October 13, subject to the limitation under clause (i). (a) FINDINGS.—Congress finds that— 2000) (including any related maps); and (3) MONITORING OF GRANT RECIPIENT ACTIVI- (1) the damage caused by wildfire disasters (C) the Secretary determines poses a substan- TIES.— has been equivalent in magnitude to the damage tial present or potential hazard to— (A) IN GENERAL.—As a condition of receipt of resulting from the Northridge earthquake, Hur- (i) the safety of a forest ecosystem; a grant under this subsection, a grant recipient ricane Andrew, and the recent flooding of the (ii) the safety of wildlife; or shall keep such records as the Secretary may re- Mississippi River and the Red River; (iii) in the case of wildfire, the safety of fire- quire, including records that— (2) more than 20,000 communities in the fighters, other individuals, and communities. (i) completely and accurately disclose the use United States are at risk from wildfire and ap- (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ of grant funds; and proximately 11,000 of those communities are lo- has the meaning given the term in section 4 of (ii) describe all transactions involved in the cated near Federal land; the Indian Self-Determination and Education purchase of hazardous fuels derived from forest (3) the accumulation of heavy forest fuel loads Assistance Act (25 U.S.C. 450b). land. continues to increase as a result of disease, in- (6) NATIONAL FIRE PLAN.—The term ‘‘National (B) ACCESS.—On notice by the Secretary, the sect infestations, and drought, further increas- Fire Plan’’ means the plan prepared by the Sec- operator of a biomass-to-energy facility that ing the risk of fire each year; retary of Agriculture and the Secretary of the purchases or uses hazardous fuels with funds (4) modification of forest fuel load conditions Interior entitled ‘‘Managing the Impact of from a grant under this subsection shall provide through the removal of hazardous fuels would— Wildfires on Communities and the Environ- the Secretary with— (A) minimize catastrophic damage from ment’’ and dated September 8, 2000. (i) reasonable access to the biomass-to-energy wildfires; (7) PERSON.—The term ‘‘person’’ includes— facility; and (B) reduce the need for emergency funding to (A) a community; (ii) an opportunity to examine the inventory respond to wildfires; and (B) an Indian tribe; and records of the biomass-to-energy facility. (C) protect lives, communities, watersheds, (C) a small business, microbusiness, or other (4) MONITORING OF EFFECT OF TREATMENTS.— and wildlife habitat; business that is incorporated in the United (A) IN GENERAL.—To determine and document (5) the hazardous fuels removed from forest States; and the environmental impact of hazardous fuel re- land represent an abundant renewable resource, (D) a nonprofit organization. moval, the Secretary shall monitor— as well as a significant supply of biomass for (8) SECRETARY.—The term ‘‘Secretary’’ (i) environmental impacts of activities carried biomass-to-energy facilities; means— out under this subsection; and (6) the United States should invest in tech- (A) the Secretary of Agriculture (or a des- (ii) Federal land from which hazardous fuels nologies that promote economic and entrepre- ignee), with respect to National Forest System are removed and sold to a biomass-to-energy fa- neurial opportunities in processing forest prod- land and private land in the United States; and cility under this subsection. ucts removed through hazardous fuel reduction (B) the Secretary of the Interior (or a des- (B) EMPLOYMENT.— activities; and ignee) with respect to Federal land under the ju- (i) IN GENERAL.—The Comptroller General of (7) the United States should— risdiction of the Secretary of the Interior or an the United States shall monitor— (A) develop and expand markets for tradition- Indian tribe. (I) the number of jobs created in or near eligi- ally underused wood and other biomass as an (c) WILDFIRE PREVENTION AND HAZARDOUS ble communities as a result of the implementa- outlet for value-added excessive forest fuels; and FUEL PURCHASE PILOT PROGRAM.— tion of this subsection;

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(II) the opportunities created for small busi- (B) COMPONENTS.—The assessment shall— (f) TERMINATION OF AUTHORITY.—The author- nesses and microbusinesses as a result of the im- (i) be based on the treatment schedules con- ity provided under this section shall terminate plementation of this subsection; tained in the report entitled ‘‘Protecting People on September 30, 2006. (III) the types and amounts of energy supplies and Sustaining Resources in Fire-Adapted Eco- SEC. 810. CHESAPEAKE BAY WATERSHED FOR- created as a result of the implementation of this systems’’, dated October 13, 2000, and incor- ESTRY PROGRAM. subsection; and porated into the National Fire Plan; The Cooperative Forestry Assistance Act of (IV) energy prices for eligible communities. (ii) identify the acreage by condition class, 1978 is amended by inserting after section 9 (16 (ii) REPORT.—Beginning in fiscal year 2003, type of treatment, and treatment year to achieve U.S.C. 2105) the following: the Comptroller General of the United States the restoration goals outlined in the report with- ‘‘SEC. 9A. CHESAPEAKE BAY WATERSHED FOR- shall submit to the Committee on Energy and in 10-, 15-, and 20-year time periods; ESTRY PROGRAM. Natural Resources and the Committee on Agri- (iii) give priority to condition class 3 areas (as ‘‘(a) DEFINITIONS.—In this section: culture, Nutrition, and Forestry of the Senate described in subsection (b)(4)(B)), including ‘‘(1) AGREEMENT.—The term ‘Agreement’ and the Committee on Resources and the Com- modifications in the restoration goals based on means the Chesapeake 2000 Agreement, an inter- mittee on Agriculture of the House of Represent- the effects of— state agreement the purpose of which is to cor- atives an annual report that describes the infor- (I) fire; rect the nutrient-related problems in the Chesa- mation obtained through monitoring under (II) hazardous fuel treatments under the Na- peake Bay by 2010. clause (i). tional Fire Plan; or ‘‘(2) BAY-AREA STATE.— (5) REVIEW AND REPORT.— (III) updates in data; ‘‘(A) IN GENERAL.—The term ‘Bay-area State’ (A) IN GENERAL.—Not later than September 30, (iv) provide information relating to the type of means a State any part of which is located in 2004, the Comptroller General shall submit to material and estimated quantities and range of the watershed of the Chesapeake Bay. each of the committees described in paragraph sizes of material that shall be included in the ‘‘(B) INCLUSION.—The term ‘Bay-area State’ (4)(B)(ii) a report that describes the results and treatments; includes the District of Columbia. effectiveness of the pilot program. (v) describe the land allocation categories in ‘‘(3) CHESAPEAKE BAY EXECUTIVE COUNCIL.— (B) REPORTS BY SECRETARY.—The Secretary which the contract authorities shall be used; The term ‘Council’ means the Chesapeake Bay shall submit to each of the committees described and Executive Council. in paragraph (4)(B)(ii) an annual report de- (vi) give priority to areas described in sub- ‘‘(4) DIRECTOR.—The term ‘Director’ means scribing the results of the pilot program that section (b)(4)(A). the Director of Chesapeake Bay watershed for- includes— (2) FUNDING RECOMMENDATION.—The Sec- estry efforts designated under subsection (i) an identification of the size of each bio- retary shall include in the annual assessment (b)(2)(A). mass-to-energy facility that receives a grant under paragraph (1) a request for funds suffi- ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible enti- under this section; and cient to implement the recommendations con- ty’ means— (ii) the haul radius associated with each tained in the assessment using stewardship end ‘‘(A) the government of a Bay-area State (or grant. result contracts described in paragraph (3) in a political subdivision); and ECHNICAL FEASIBILITY REPORT.—Not later (C) T any case in which the Secretary determines that ‘‘(B) an organization such as an educational than December 1, 2003, the Secretary of Agri- the objectives of the National Fire Plan would institution or a community or conservation or- culture, in cooperation with the Forest Products best be accomplished through forest stewardship ganization. Lab and the Economic Action Program of the end result contracting. ‘‘(6) ELIGIBLE PROJECT.—The term ‘eligible Forest Service, shall submit to each of the com- (3) STEWARDSHIP END RESULT CONTRACTING.— project’ means a project the purpose of which is mittees described in paragraph (4)(B)(ii) a re- (A) IN GENERAL.—Subject to the availability of to— port that describes— appropriations, the Secretary may enter into not ‘‘(A) improve wildlife habitat and water qual- (i) the technical feasibility of the use by small- more than 28 stewardship end result contracts to ity through the establishment, protection, and scale biomass energy units of small-diameter implement the National Fire Plan on National stewardship of riparian and wetland forests; trees and forest residues as a source of fuel; Forest System land based on the treatment ‘‘(B) improve the capacity of a State or non- (ii) the environmental impacts relating to the schedules provided in the annual assessments profit organization to implement forest con- use of small-diameter trees and forest residues conducted under paragraph (1)(B)(i). servation, restoration, and stewardship actions; as described in clause (i); and (B) PERIOD OF CONTRACTS.—The contracting ‘‘(C) develop and implement a watershed man- (iii) any social or economic benefits of small- goals and authorities described in subsections agement plan that addresses forest conservation scale biomass energy units for rural commu- (b) through (g) of section 347 of the Department and restoration actions; nities. of the Interior and Related Agencies Appropria- ‘‘(D) provide outreach and assistance to pri- (6) GRANTS TO OTHER PERSONS.— tions Act, 1999 (commonly known as the ‘‘Stew- (A) IN GENERAL.—In addition to biomass-to- vate landowners and communities to restore or energy facilities, the Secretary may make grants ardship End Result Contracting Demonstration protect watersheds through the enhancement of under this subsection to persons in rural com- Project’’) (16 U.S.C. 2104 note; Public Law 105– forests; munities that are seeking ways to improve the 277), shall apply to contracts entered into under ‘‘(E) develop and implement communication, use of, or add value to, hazardous fuels. this paragraph, except that 14 of the 28 con- education, or technology transfer programs that (B) SELECTION.—The Secretary shall select re- tracts entered into under subparagraph (A) broaden public understanding of the value of cipients of grants under subparagraph (A) based shall be subject to the conditions that— trees and forests and management of trees and on— (i) funds from the contract, and any offset forests in sustaining and restoring watershed (i) the extent to which the grant recipient value of forest products that exceeds the value health; and avoids environmental impacts; and of the resource improvement treatments carried ‘‘(F) conduct applied research, inventory, as- (ii) the demonstrable level of anticipated bene- out under the contract, shall be deposited in the sessment, or monitoring activities. fits to rural communities, including opportuni- Treasury of the United States; ‘‘(7) PROGRAM.—The term ‘program’ means ties for small businesses and microbusinesses (ii) section 347(c)(3)(A) of the Department of the Chesapeake Bay watershed forestry program and the potential for new job creation, that may the Interior and Related Agencies Appropria- established under subsection (b)(1). result from the provision of the grant. tions Act, 1999 (commonly known as the ‘‘Stew- ‘‘(8) SECRETARY.—The term ‘Secretary’ means (C) MONITORING.—With respect to a grant ardship End Result Contracting Demonstration the Secretary of Agriculture, acting through the made under this paragraph— Project’’) (16 U.S.C. 2104 note; Public Law 105– Chief of the Forest Service. (i) the monitoring provisions described in 277) shall not apply to those contracts; and ‘‘(b) ESTABLISHMENT.— paragraph (3) and applicable to biomass-to-en- (iii) the implementation shall be accomplished ‘‘(1) IN GENERAL.—The Secretary shall estab- ergy facilities shall apply; and using separate contracts for the harvesting or lish the Chesapeake Bay watershed forestry pro- (ii) the Secretary shall monitor the environ- collection, and sale, of merchantable material. gram to provide technical and financial assist- mental impacts of projects funded by grants pro- (C) STATUS REPORT.—Beginning with the as- ance to the Council, Bay-area States, local gov- vided under this paragraph. sessment required under paragraph (1) for fiscal ernments, and nonprofit organizations to carry (7) AUTHORIZATION OF APPROPRIATIONS.— year 2003, the Secretary shall include in the an- out eligible projects. There is authorized to be appropriated to carry nual assessment under paragraph (1) a status ‘‘(2) DIRECTOR.— out this subsection $50,000,000 for each of fiscal report of the stewardship end result contracts ‘‘(A) IN GENERAL.—The Secretary shall des- years 2002 through 2006. entered into under this paragraph. ignate an employee of the Forest Service to serve (d) LONG-TERM FOREST STEWARDSHIP CON- (4) AUTHORIZATION OF APPROPRIATIONS.— as the Director for Chesapeake Bay watershed TRACTS FOR HAZARDOUS FUELS REMOVAL.— There are authorized to be appropriated to carry forestry efforts. (1) ANNUAL ASSESSMENT OF TREATMENT ACRE- out this subsection such sums as are necessary ‘‘(B) DUTIES.—The Director shall work in co- AGE.— for each of fiscal years 2002 through 2006. operation with the Secretary to carry out the (A) IN GENERAL.—Subject to the availability of (e) EXCLUDED AREAS.—In carrying out this purposes of the program described in paragraph appropriations, not later than March 1 of each section, the Secretary shall— (1). of fiscal years 2002 through 2006, the Secretary (1) because of sensitivity of natural, cultural, ‘‘(c) CHESAPEAKE WATERSHED FORESTRY shall submit to Congress an assessment of the or historical resources, designate areas to be ex- GRANTS.— number of acres of National Forest System land cluded from any program under this section; ‘‘(1) IN GENERAL.—In carrying out the pro- recommended to be treated during the subse- and gram, the Secretary, in coordination with the quent fiscal year using stewardship end result (2) carry out this section only in the wildland- Director, may provide grants to assist eligible contracts authorized by paragraph (3). urban interface, as defined by the Secretary. entities in carrying out eligible projects.

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‘‘(2) COST SHARING.—The amount of a grant flooding, that make the protection and restora- SEC. 812. WATERSHED FORESTRY ASSISTANCE awarded under this subsection shall not exceed tion of those forests worthy of special focus; PROGRAM. 75 percent of the total cost of the eligible project. (5) the National Fire Plan, if implemented to (a) FINDINGS.—Congress finds that— ‘‘(3) ADDITIONAL REQUIREMENTS.—The Sec- achieve appropriate priorities, is the proper, co- (1) there has been a dramatic shift in public retary, in consultation with the Director, may ordinated, and most effective means to address attitudes and perceptions about forest manage- prescribe any requirements and procedures nec- the issue of wildfires; ment, particularly in the understanding and essary to carry out this subsection. (6) while adequate authorities exist to address practice of sustainable forest management; ‘‘(d) CHESAPEAKE WATERSHED FOREST ASSESS- the problem of wildfires at the landscape level (2) it is commonly recognized that proper MENT AND CONSERVATION STUDY.— on Federal land, there is limited authority to stewardship of forest land is essential to— ‘‘(1) IN GENERAL.—The Director, in coopera- take action on most private land where the larg- (A) sustain and restore watershed health; tion with the Council, shall conduct a Chesa- est threat to life and property lies; and (B) produce clean water; and peake Bay watershed forestry research and as- (7) there is a significant Federal interest in (C) maintain healthy aquatic systems; sessment study that— enhancing the protection of communities from (3) forests are increasingly important to the ‘‘(A) assesses the extent and location of forest wildfire. protection and sustainability of drinking water loss and fragmentation; (b) ENHANCED COMMUNITY FIRE PROTEC- supplies for more than 1/2 of the population of ‘‘(B) identifies critical forest land that should TION.—The Cooperative Forestry Assistance Act the United States; be protected to achieve the purposes of the of 1978 is amended by inserting after section 10 (4) forest loss and fragmentation in urbaniz- Agreement; (16 U.S.C. 2106) the following: ing areas are contributing to flooding, degrada- ‘‘(C) prioritizes afforestation needs; ‘‘SEC. 10A. ENHANCED COMMUNITY FIRE PROTEC- tion of urban stream habitat and water quality, ‘‘(D) recommends— TION. and public health concerns; ‘‘(i) management strategies based on actions ‘‘(a) COOPERATIVE MANAGEMENT RELATING TO (5) scientific evidence and public awareness carried out and information obtained under sub- WILDFIRE THREATS.—Notwithstanding section 7 with respect to the manner in which forest man- paragraphs (A) through (C) to expand conserva- of the Federal Fire Prevention and Control Act agement can positively affect water quality and tion and stewardship of the forest ecosystem in of 1974 (15 U.S.C. 2206), the Secretary may co- quantity, and the manner in which trees, for- the Chesapeake Bay watershed; and operate with State foresters and equivalent ests, and forestry practices (such as forest buff- ‘‘(ii) ways in which the Federal Government State officials to— ers) can serve as solutions to water quality prob- can work with State, county, local, and private ‘‘(1) assist in the prevention, control, suppres- lems in rural and urban areas, are increasing; entities to conserve critical forests, including sion, and prescribed use of fires (including (6) the application of forestry best manage- recommendations on the feasibility of estab- through the provision of financial, technical, ment practices developed at the State level has lishing new units of the National Forest System; and related assistance); been found to greatly facilitate the achievement and ‘‘(2) protect communities from wildfire threats; of water quality goals; ‘‘(E) identifies further inventory, assessment, ‘‘(3) enhance the growth and maintenance of (7) significant efforts are underway to revisit and research needed to achieve the purposes of trees and forests in a manner that promotes and make improvements on needed forestry best the Agreement. overall forest health; and management practices; ‘‘(2) REPORT.—Not later than 2 years after the ‘‘(4) ensure the continued production of all (8) according to the report of the Forest Serv- date of enactment of this section, the Director forest resources, including timber, outdoor recre- ice numbered FS–660 and entitled ‘‘Water and shall submit to Congress a comprehensive report ation opportunities, wildlife habitat, and clean the Forest Service’’, forests are a requirement on the results of the study under paragraph (1). water, through conservation of forest cover on for maintenance of clean water because— ‘‘(e) CHESAPEAKE BAY URBAN WATERSHED watersheds, shelterbelts, and windbreaks. (A) approximately 66 percent of the freshwater FORESTRY RESEARCH COOPERATIVE PROGRAM.— ‘‘(b) COMMUNITY AND PRIVATE LAND FIRE AS- resources of the United States originate on for- ‘‘(1) IN GENERAL.—The Secretary, in coopera- SISTANCE PROGRAM.— ests; and tion with the Director, may establish a com- ‘‘(1) IN GENERAL.—The Secretary shall estab- (B) forests cover approximately 1/3 of the land prehensive Chesapeake Bay urban watershed lish a program to be known as the ‘community area of the United States; forestry research cooperative program to provide and private land fire assistance program’ (re- (9) because almost 500,000,000 acres, or ap- technical and financial assistance to eligible en- ferred to in this section as the ‘Program’)— proximately 2/3, of the forest land of the United tities. ‘‘(A) to focus the Federal role in promoting States is owned by non-Federal entities, a sig- ‘‘(2) PURPOSES.—The purposes of the coopera- optimal firefighting efficiency at the Federal, nificant burden is placed on private forest land- tive program shall be— State, and local levels; owners to provide or maintain the clean water ‘‘(A) to meet the need of the urban population ‘‘(B) to provide increased assistance to Fed- needed by the public for drinking, swimming, of the Chesapeake Bay watershed in managing eral projects that establish landscape level pro- fishing, and a number of other water uses; forest land in urban and urbanizing areas tection from wildfires; (10) because the decisions made by individual through a combination of— ‘‘(C) to expand outreach and education pro- landowners and communities will affect the ‘‘(i) applied research; grams concerning fire prevention to homeowners ability to maintain the health of rural and ‘‘(ii) demonstration projects; and communities; and urban watersheds in the future, there is a need ‘‘(iii) implementation guidelines; and ‘‘(D) to establish defensible space against to integrate forest management, conservation, ‘‘(iv) training and education; wildfires around the homes and property of pri- restoration, and stewardship in watershed man- ‘‘(B) to coalesce information from local man- vate landowners. agement; agers, Federal, State, and private researchers, ‘‘(2) ADMINISTRATION AND IMPLEMENTATION.— (11) although water management is the pri- and state-of-the-art technology to answer crit- The Program shall be administered by the Sec- mary responsibility of States, the Federal Gov- ical urban forestry questions relating to air and retary and, with respect to non-Federal land de- ernment has a responsibility to promote and en- water quality and watershed health; and scribed in paragraph (3), carried out through courage the ability of States and private forest ‘‘(C) to provide a link between research and the State forester or equivalent State official. landowners to sustain the delivery of clean, urban and community forestry policy, planning, ‘‘(3) COMPONENTS.—The Secretary may carry abundant water from forest land; and management. out under the Program, on National Forest Sys- (12) as of the date of enactment of this Act, ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— tem land and non-Federal land determined by the availability of Federal assistance to support There are authorized to be appropriated to carry the Secretary in consultation with State for- forest landowners to achieve the water goals out this section— esters and Committees— identified in many Federal laws (including regu- ‘‘(1) $3,000,000 for fiscal year 2002; and ‘‘(A) fuel hazard mitigation and prevention; lations) is lacking; and ‘‘(2) $3,500,000 for each of fiscal years 2003 ‘‘(B) invasive species management; (13) increased research for, education for, and through 2006.’’. ‘‘(C) multiresource wildfire and community technical and financial assistance provided to, SEC. 811. ENHANCED COMMUNITY FIRE PROTEC- protection planning; forest landowners and communities that relate TION. ‘‘(D) community and landowner education en- to the protection of watersheds and improve- (a) FINDINGS.—Congress finds that— terprises, including the program known as ment of water quality, are needed to realize the (1) the severity and intensity of wildfires have ‘FIREWISE’; expectations of the general public for clean increased dramatically over the past few dec- ‘‘(E) market development and expansion; water and healthy aquatic systems. ades as a result of past fire and land manage- ‘‘(F) improved use of wood products; and (b) PURPOSES.—The purposes of this section ment policies; ‘‘(G) restoration projects. are to— (2) the record 2000 fire season is a prime exam- ‘‘(4) PRIORITY.—In entering into contracts to (1) improve the understanding of landowners ple of what can be expected if action is not carry out projects under the Program, the Sec- and the public with respect to the relationship taken to reduce the risk of catastrophic retary shall give priority to contracts with local between water quality and forest management; wildfires; persons or entities. (2) encourage landowners to maintain tree (3) wildfires threaten not only the forested re- ‘‘(c) AUTHORITY.—The authority provided cover and use tree plantings and vegetative sources of the United States, but also the thou- under this section shall be in addition to any treatments as creative solutions to water quality sands of communities intermingled with authority provided under section 10. and quantity problems associated with varying wildland in the wildland-urban interface; ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— land uses; (4) wetland forests provide essential ecological There are authorized to be appropriated to the (3) enhance and complement source water pro- services, such as filtering pollutants, buffering Secretary to carry out this section $35,000,000 for tection in watersheds that provide drinking important rivers and estuaries, and minimizing each of fiscal years 2002 through 2006.’’. water for municipalities;

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(4) establish new partnerships and collabo- receive a grant or other assistance under this ‘‘(B) NON-FEDERAL SHARE.—The non-Federal rative watershed approaches to forest manage- subsection to carry out a State forestry best share of the cost of carrying out any eligible ment, stewardship, and protection; and management practices program or a watershed program or project under this subsection may be (5) provide technical and financial assistance forestry project if the program or project, as de- provided in the form of cash, services, or in-kind to States to deliver a coordinated program that termined by the Secretary— contributions. through the provision of technical, financial, ‘‘(A) is consistent with— ‘‘(d) WATERSHED FORESTER.—A State may use and educational assistance to qualified individ- ‘‘(i) State nonpoint source assessment and a portion of the funds made available to the uals and entities— management plan objectives established under State under subsection (e) to establish and fill a (A) enhances State forestry best management section 319 of the Federal Water Pollution Con- position of ‘Watershed Forester’ to lead State- practices programs; and trol Act (33 U.S.C. 1329); and wide programs and coordinate watershed-level (B) protects and improves water quality on ‘‘(ii) the cost-share requirements of this sec- projects. forest land. tion; and ‘‘(e) FUNDING.— (c) PROGRAM.—The Cooperative Forestry As- ‘‘(B) is designed to address critical forest stew- ‘‘(1) IN GENERAL.—There are authorized to be sistance Act of 1978 is amended by inserting ardship, watershed protection, and restoration appropriated to carry out this section $20,000,000 after section 5A (as added by section 805) the needs of a State through— for each of fiscal years 2002 through 2006. following: ‘‘(i) the use of trees and forests as solutions to ‘‘(2) ALLOCATION.—Of the funds made avail- ‘‘SEC. 5B. WATERSHED FORESTRY ASSISTANCE water quality problems in urban and agricul- able under paragraph (1)— PROGRAM. tural areas; ‘‘(A) 75 percent shall be used to carry out sub- ‘‘(a) ESTABLISHMENT.—Subject to the avail- ‘‘(ii) community-based planning, involvement, section (c); and ability of appropriations, the Secretary shall es- and action through State, local and nonprofit ‘‘(B) 25 percent shall be used to carry out pro- tablish a watershed forestry assistance program partnerships; visions of this section other than subsection (referred to in this section as the ‘program’) to ‘‘(iii) the application of and dissemination of (c).’’. information on forestry best management prac- provide to States, through State foresters (as de- SEC. 813. SUBURBAN AND COMMUNITY FORESTRY fined in section 6A), technical, financial, and tices relating to water quality; AND OPEN SPACE INITIATIVE. related assistance to— ‘‘(iv) watershed-scale forest management ac- The Cooperative Forestry Assistance Act of ‘‘(1) expand forest stewardship capacities and tivities and conservation planning; and 1978 is amended by inserting after section 7 (16 ‘‘(v) the restoration of wetland and stream activities through State forestry best manage- U.S.C. 2103c) the following: ment practices and other means at the State side forests and establishment of riparian vege- tative buffers. ‘‘SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY level; and AND OPEN SPACE INITIATIVE. ‘‘(2) prevent water quality degradation, and ‘‘(3) ALLOCATION.— ‘‘(a) DEFINITIONS.—In this section: address watershed issues, on non-Federal forest ‘‘(A) IN GENERAL.—After taking into consider- ation the criteria described in subparagraph (B), ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- land. ty’ means a State (including a political subdivi- ‘‘(b) WATERSHED FORESTRY EDUCATION, TECH- the Secretary shall allocate among States, for sion) or nonprofit organization that the Sec- NICAL ASSISTANCE, AND PLANNING.— award by State foresters under paragraph (4), retary determines under subsection (c)(1)(A)(ii) ‘‘(1) PLAN.— the amounts made available to carry out this is eligible to receive a grant under subsection ‘‘(A) IN GENERAL.—In carrying out the pro- subsection. gram, the Secretary shall cooperate with State ‘‘(B) CRITERIA.—The criteria referred to in (c)(2). foresters to develop a plan, to be administered subparagraph (A) are— ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ by the Secretary and implemented by State for- ‘‘(i) the number of acres of forest land, and has the meaning given the term in section 4 of esters, to provide technical assistance to assist land that could be converted to forest land, in the Indian Self-Determination and Education States in preventing and mitigating water qual- each State; Assistance Act (25 U.S.C. 450b). ‘‘(3) PRIVATE FOREST LAND.—The term ‘private ity degradation. ‘‘(ii) the nonpoint source assessment and man- forest land’ means land that is— ‘‘(B) PARTICIPATION.—In developing the plan agement plans of each State, as developed under under subparagraph (A), the Secretary shall en- section 319 of the Federal Water Pollution Con- ‘‘(A)(i) covered by trees; or ‘‘(ii) suitable for growing trees, as determined courage participation of interested members of trol Act (33 U.S.C. 1329); by the Secretary; the public (including nonprofit private organi- ‘‘(iii) the acres of wetland forests that have ‘‘(B) suburban, as determined by the Sec- zations and local watershed councils). been lost or degraded or cases in which forests retary; and ‘‘(2) COMPONENTS.—The plan described in may play a role in restoring wetland resources; paragraph (1) shall include provisions to— ‘‘(iv) the number of non-Federal forest land- ‘‘(C) owned by— ‘‘(A) build and strengthen watershed partner- owners in each State; and ‘‘(i) a private entity; or ships focusing on forest land at the national, ‘‘(v) the extent to which the priorities of ‘‘(ii) an Indian tribe. State, regional, and local levels; States are designed to achieve a reasonable ‘‘(4) PROGRAM.—The term ‘program’ means ‘‘(B) provide State forestry best management range of the purposes of the program and, as a the Suburban and Community Forestry and practices and water quality technical assistance result, contribute to the water-related goals of Open Space Initiative established by subsection directly to private landowners; the United States. (b). ‘‘(C) provide technical guidance relating to ‘‘(4) AWARD OF GRANTS AND ASSISTANCE.— ‘‘(5) SECRETARY.—The term ‘Secretary’ means water quality management through forest man- ‘‘(A) IN GENERAL.—In implementing the pro- the Secretary of Agriculture, acting through the agement in degraded watersheds to land man- gram under this subsection, the State forester, Chief of the Forest Service. agers and policymakers; in coordination with the State Coordinating ‘‘(b) ESTABLISHMENT.— ‘‘(D)(i) complement State nonpoint source as- Committee established under section 19(b), shall ‘‘(1) IN GENERAL.—There is established within sessment and management plans established provide annual grants and cost-share assistance the Forest Service a program to be known as the under section 319 of the Federal Water Pollution to communities, nonprofit groups, and land- ‘Suburban and Community Forestry and Open Control Act (33 U.S.C. 1329); and owners to carry out eligible programs and Space Initiative’. ‘‘(ii) provide enhanced opportunities for co- projects described in paragraph (2). ‘‘(2) PURPOSE.—The purpose of the program is ordination and cooperation among Federal and ‘‘(B) APPLICATION.—A community, nonprofit to provide assistance to eligible entities to carry State agencies having responsibility for water group, or landowner that seeks to receive cost- out projects and activities to— and watershed management under that Act; and share assistance under this subsection shall sub- ‘‘(A) conserve private forest land and main- ‘‘(E) provide enhanced forest resource data mit to the State forester an application, in such tain working forests in suburban environments; and support for improved implementation of form and containing such information as the and State forestry best management practices, State forester may prescribe, for the assistance. ‘‘(B) provide communities a means by which including— ‘‘(C) PRIORITIZATION.—In awarding cost- to address significant suburban sprawl. ‘‘(i) designing and conducting effectiveness share assistance under this subsection, the Sec- ‘‘(c) GRANT PROGRAM.— and implementation studies; and retary shall give priority to eligible programs ‘‘(1) IDENTIFICATION OF ELIGIBLE PRIVATE ‘‘(ii) meeting in-State water quality assess- and projects that are identified by the State for- FOREST LAND.— ment needs, such as the development of water esters and the State Stewardship Committees as ‘‘(A) IN GENERAL.—The Secretary, in consulta- quality models that correlate the management of having a greater need for assistance. tion with State foresters or equivalent State offi- forest land to water quality measures and ‘‘(D) AWARD.—On approval by the Secretary cials and State or county planning offices, shall standards. of an application under subparagraph (B), the establish criteria for— ‘‘(c) WATERSHED FORESTRY COST-SHARE PRO- State forester shall award to the applicant, from ‘‘(i) the identification, subject to subpara- GRAM.— funds allocated to the State under paragraph graph (B), of private forest land in each State ‘‘(1) ESTABLISHMENT.—In carrying out the (3), such amount of cost-share assistance as is that may be conserved under this section; and program, the Secretary shall establish a water- requested in the application. ‘‘(ii) the identification of eligible entities. shed forestry cost-share program, to be adminis- ‘‘(5) COST SHARING.— ‘‘(B) CONDITIONS FOR ELIGIBLE PRIVATE FOR- tered by the Secretary and implemented by State ‘‘(A) FEDERAL SHARE.—The Federal share of EST LAND.—Private forest land identified for foresters, to provide grants and other assistance the cost of carrying out any eligible program or conservation under subparagraph (A)(i) shall be for eligible programs and projects described in project under this subsection shall not exceed 75 land that is— paragraph (2). percent, of which not more than 50 percent may ‘‘(i) located in an area that is affected, or ‘‘(2) ELIGIBLE PROGRAMS AND PROJECTS.—A be in the form of assistance provided under this threatened to be affected, by significant subur- community, nonprofit group, or landowner may subsection. ban sprawl, as determined by—

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‘‘(I) the appropriate State forester or equiva- grants awarded, under this section may be used (b) PROGRAM.—Section 1243(b) of the Food, lent State official; and to purchase private forest land or interests in Agriculture, Conservation, and Trade Act of ‘‘(II) the planning office of the State or coun- private forest land (including conservation ease- 1990 (16 U.S.C. 1642 note; Public Law 101–624) is ty in which the private forest land is located; ments) only from willing sellers at fair market amended— and value. (1) by inserting ‘‘the Institute of Tropical For- ‘‘(ii) threatened by present or future conver- ‘‘(B) SALES AT LESS THAN FAIR MARKET estry and the Institute of Pacific Islands For- sion to nonforest use. VALUE.—A sale of private forest land or an in- estry of the Forest Service,’’ after ‘‘entities,’’; ‘‘(2) GRANTS.— terest in private forest land at less than fair (2) in paragraph (1), by striking ‘‘on semiarid ‘‘(A) PROJECTS AND ACTIVITIES.— market value shall be permitted only on certifi- lands’’; ‘‘(i) IN GENERAL.—In carrying out this section, cation by the landowner that the sale is being (3) in paragraph (3), by striking ‘‘from semi- the Secretary shall award grants to eligible enti- entered into willingly and without coercion. arid land’’; ties to carry out a project or activity described ‘‘(2) TITLE.—Title to private forest land or an (4) by striking paragraph (4) and inserting the in clause (ii). interest in private forest land purchased under following: ‘‘(ii) TYPES.—A project or activity referred to paragraph (1) may be held, as determined ap- ‘‘(4) collect information on the design and in- in clause (i) is a project or activity that— propriate by the Secretary, by— stallation of forested riparian and upland buff- ‘‘(I) is carried out to conserve private forest ‘‘(A) a State (including a political subdivision ers to— land and contain significant suburban sprawl; of a State); or ‘‘(A) protect water quality; and and ‘‘(B) a nonprofit organization. ‘‘(B) manage water flow;’’; ‘‘(II) provides for guaranteed public access to ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (5) in paragraphs (6) and (7), by striking ‘‘on land on which the project or activity is carried There are authorized to be appropriated to carry semiarid lands’’ each place it appears; out, unless the appropriate State forester or out this section— (6) by striking paragraph (8) and inserting the equivalent State official and the State or county ‘‘(1) $50,000,000 for fiscal year 2003; and following: planning office request, and provide justifica- ‘‘(2) such sums as are necessary for each fiscal ‘‘(8) provide international leadership in the tion for the request, that the requirement be year thereafter.’’. worldwide development and exchange of agro- waived. SEC. 814. GENERAL PROVISIONS. forestry practices;’’; ‘‘(B) APPLICATION; STEWARDSHIP PLAN.—An Section 13 of the Cooperative Forestry Assist- (7) in paragraph (9), by striking ‘‘on semiarid eligible entity that seeks to receive a grant ance Act of 1978 (16 U.S.C. 2109) is amended by lands’’; under this section shall submit for approval— striking subsection (f) and inserting the fol- (8) in paragraph (10), by striking ‘‘and’’ at ‘‘(i) to the Secretary, in such form as the Sec- lowing: the end; retary shall prescribe, an application for the ‘‘(f) GRANTS, CONTRACTS, AND OTHER AGREE- (9) in paragraph (11), by striking the period at grant (including a description of any private MENTS.— the end and inserting ‘‘; and’’; and forest land to be conserved using funds from the ‘‘(1) IN GENERAL.—In accordance with para- (10) by adding at the end the following: grant); and graph (2), the Secretary may make such grants ‘‘(12) quantify the carbon storage potential of ‘‘(ii) to the State forester or equivalent State and enter into such contracts, agreements, or agroforestry practices such as— official, a stewardship plan that describes the other arrangements as the Secretary determines ‘‘(A) windbreaks; manner in which any private forest land to be are necessary to carry out this Act. ‘‘(B) forested riparian buffers; conserved using funds from the grant will be ‘‘(2) ASSISTANCE.—Notwithstanding any other ‘‘(C) silvopasture timber and grazing systems; managed in accordance with this section. provision of this Act, the Secretary, with the and ‘‘(C) APPROVAL OR DISAPPROVAL.— concurrence of the applicable State forester or ‘‘(D) alley cropping.’’. ‘‘(i) IN GENERAL.—Subject to clause (ii), as equivalent State official, may provide assistance SEC. 817. OFFICE OF TRIBAL RELATIONS. soon as practicable after the date on which the under this Act directly to any public or private The Cooperative Forestry Assistance Act of Secretary receives an application under sub- entity, organization, or individual— 1978 is amended by inserting after section 19 (16 paragraph (B)(i) or a resubmission under sub- ‘‘(A) through a grant; or U.S.C. 2113) the following: clause (II)(bb), the Secretary shall— ‘‘(B) by entering into a contract or coopera- ‘‘(I)(aa) approve the application; and ‘‘SEC. 19A. OFFICE OF TRIBAL RELATIONS. tive agreement.’’. ‘‘(bb) award a grant to the applicant; or ‘‘(a) DEFINITIONS.—In this section: ‘‘(II)(aa) disapprove the application; and SEC. 815. STATE FOREST STEWARDSHIP COORDI- ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(bb) provide the applicant a statement that NATING COMMITTEES. has the meaning given the term in section 4 of describes the reasons why the application was Section 19(b) of the Cooperative Forestry As- the Indian Self-Determination and Education disapproved (including a deadline by which the sistance Act of 1978 (16 U.S.C. 2113(b)) is Assistance Act (25 U.S.C. 450b). applicant may resubmit the application). amended— ‘‘(2) OFFICE.—The term ‘Office’ means the Of- ‘‘(ii) PRIORITY.—In awarding grants under (1) in paragraph (1)(B)(i), by inserting fice of Tribal Relations established under sub- this section, the Secretary shall give priority to ‘‘United States Fish and Wildlife Service,’’ be- section (b)(1). applicants that propose to fund projects and ac- fore ‘‘Forest Service’’; and ‘‘(3) SECRETARY.—The term ‘Secretary’ means tivities that promote, in addition to the primary (2) in paragraph (2)— the Secretary of Agriculture, acting through the purposes of conserving private forest land and (A) in subparagraph (C), by striking ‘‘and’’ at Chief of the Forest Service. containing significant suburban sprawl— the end; ‘‘(b) ESTABLISHMENT.— ‘‘(I) the sustainable management of private (B) in subparagraph (D), by striking the pe- ‘‘(1) IN GENERAL.—The Secretary shall estab- forest land; riod at the end and inserting ‘‘; and’’; and lish within the Forest Service the Office of Trib- ‘‘(II) community and school education pro- (C) by adding at the end the following: al Relations. grams and curricula relating to sustainable for- ‘‘(E) submit to the Secretary, the Committee ‘‘(2) DIRECTOR.—The Office shall be headed estry; and on Agriculture of the House of Representatives by a Director, who shall— ‘‘(III) community involvement in determining and the Committee on Agriculture, Nutrition, ‘‘(A) be appointed by the Secretary, in con- the objectives for projects or activities that are and Forestry of the Senate, an annual report sultation with interested Indian tribes; and funded under this section. that provides— ‘‘(B) report directly to the Secretary. ‘‘(3) COST SHARING.— ‘‘(i) the list of members on the Committee de- ‘‘(3) ADMINISTRATIVE SUPPORT.—The Sec- ‘‘(A) IN GENERAL.—The amount of a grant scribed in paragraph (1)(B); and retary shall ensure, to the maximum extent awarded under this section to carry out a ‘‘(ii) for those members that may be included practicable, that adequate staffing and funds project or activity shall not exceed 50 percent of on the Committee, but are not included because are made available to enable the Director to the total cost of the project or activity. a determination that it is not practicable to in- carry out the duties described in subsection (c). ‘‘(B) ASSURANCES.—As a condition of receipt clude the members has been made, an expla- ‘‘(c) DUTIES OF THE DIRECTOR.— of a grant under this section, an eligible entity nation of the reasons for that determination.’’. ‘‘(1) IN GENERAL.—The Director shall— shall provide to the Secretary such assurances SEC. 816. USDA NATIONAL AGROFORESTRY CEN- ‘‘(A) provide advice to the Secretary on all as the Secretary determines are sufficient to TER. issues, policies, actions, and programs of the demonstrate that the share of the cost of each (a) IN GENERAL.—Section 1243 of the Food, Forest Service that affect Indian tribes, project or activity that is not funded by the Agriculture, Conservation, and Trade Act of including— grant awarded under this section has been se- 1990 (16 U.S.C. 1642 note; Public Law 101–624) is ‘‘(i) consultation with tribal governments; cured. amended— ‘‘(ii) programmatic review for equitable tribal ‘‘(C) FORM.—The share of the cost of carrying (1) by striking the section heading and insert- participation; out any project or activity described in subpara- ing the following: ‘‘(iii) monitoring and evaluation of relations graph (A) that is not funded by a grant award- ‘‘SEC. 1243. USDA NATIONAL AGROFORESTRY between the Forest Service and Indian tribes; ed under this section may be provided in cash or CENTER.’’; ‘‘(iv) the coordination and integration of pro- in kind. and grams of the Forest Service that affect, or are of ‘‘(d) USE OF GRANT FUNDS FOR PURCHASES OF (2) in subsection (a)— interest to, Indian tribes; LAND OR EASEMENTS.— (A) by striking ‘‘SEMIARID’’ and inserting ‘‘(v) training of Forest Service personnel for ‘‘(1) PURCHASES.— ‘‘USDA NATIONAL’’; and competency in tribal relations; and ‘‘(A) IN GENERAL.—Except as provided in sub- (B) by striking ‘‘Semiarid’’ and inserting ‘‘(vi) the development of legislation affecting paragraph (B), funds made available, and ‘‘USDA National’’. Indian tribes;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00127 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.020 pfrm01 PsN: S25PT1 S1106 CONGRESSIONAL RECORD — SENATE February 25, 2002

‘‘(B) coordinate organizational responsibilities ‘‘(c) IMPLEMENTATION.— ogy, forest insects associated with oak decline, within the administrative units of the Forest ‘‘(1) IN GENERAL.—Not later than 18 months urban forestry, arboriculture, forest ecology, fire Service to ensure that matters affecting the after the date of enactment of this section, the management, silviculture, landscape ecology, rights and interests of Indian tribes are handled Secretary shall promulgate regulations to imple- and epidemiology; in a manner that is— ment subsection (b) (including regulations for (F) evaluate the susceptibility of oaks and ‘‘(i) comprehensive; determining the distribution of assistance under other vulnerable species throughout the United ‘‘(ii) responsive to tribal needs; and that subsection). States; and ‘‘(iii) consistent with policy guidelines of the ‘‘(2) CONSULTATION.—In developing regula- (G) develop and apply treatments. Forest Service; tions under paragraph (1), the Secretary shall (c) MANAGEMENT, REGULATION, AND FIRE PRE- ‘‘(C)(i) develop generally applicable policies engage in full, open, and substantive consulta- VENTION.— and procedures of the Forest Service pertaining tion with Indian tribes and representatives of (1) IN GENERAL.—The Secretary shall conduct to Indian tribes; and Indian tribes. sudden oak death syndrome management, regu- ‘‘(ii) monitor the application of those policies ‘‘(d) COORDINATION WITH THE SECRETARY OF lation, and fire prevention activities to reduce and procedures throughout the administrative THE INTERIOR.—The Secretary shall coordinate the threat of fire and fallen trees killed by sud- regions of the Forest Service; with the Secretary of the Interior during the es- den oak death syndrome. ‘‘(D) provide such information or guidance to tablishment, implementation, and administra- (2) MANAGEMENT, REGULATION, AND FIRE PRE- personnel of the Forest Service that are respon- tion of subsection (b) to ensure that programs VENTION ACTIVITIES.—In carrying out paragraph sible for tribal relations as is required, as deter- under that subsection— (1), the Secretary may— mined by the Secretary; ‘‘(1) do not conflict with tribal programs pro- (A) conduct hazard tree assessments; ‘‘(E) exercise such direct administrative au- vided under the authority of the Department of (B) provide grants to local units of govern- thority pertaining to tribal relations programs the Interior; and ment for hazard tree removal, disposal and recy- as may be delegated by the Secretary; ‘‘(2) meet the goals of the Indian tribes. cling, assessment and management of restora- ‘‘(F) for the purpose of coordinating programs ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— tion and mitigation projects, green waste treat- and activities of the Forest Service with pro- There are authorized to be appropriated to carry ment facilities, reforestation, resistant tree grams and actions of other agencies or depart- out this section such sums as are necessary for breeding, and exotic weed control; ments that affect Indian tribes, consult with— fiscal year 2002 and each fiscal year there- (C) increase and improve firefighting and ‘‘(i) other agencies of the Department of Agri- after.’’. emergency response capabilities in areas where fire hazard has increased due to oak die-off; culture, including the Natural Resources Con- SEC. 819. SUDDEN OAK DEATH SYNDROME. (D) treat vegetation to prevent fire, and as- servation Service; and (a) FINDINGS.—Congress finds that— sessment of fire risk, in areas heavily infected ‘‘(ii) other Federal agencies, including— (1) tan oak, coast live oak, Shreve’s oak, and with sudden oak death syndrome; ‘‘(I) the Department of the Interior; and black oak trees are among the most beloved fea- (E) conduct national surveys and inspections ‘‘(II) the Environmental Protection Agency; tures of the topography of California and the of— ‘‘(G) submit to the Secretary an annual report Pacific Northwest and efforts should be made to (i) commercial rhododendron and blueberry on the status of relations between the Forest protect those trees from disease; nurseries; and Service and Indian tribes that includes, at a (2) the die-off of those trees, as a result of the (ii) native rhododendron and huckleberry minimum— exotic Phytophthora fungus, is approaching epi- plants; ‘‘(i) an examination of the participation of In- demic proportions; (F) provide for monitoring of oaks and other dian tribes in programs administered by the Sec- (3) very little is known about the new species vulnerable species throughout the United States retary; of Phytophthora, and scientists are struggling to ensure early detection; and ‘‘(ii) a description of the status of initiatives to understand the causes of sudden oak death (G) provide diagnostic services. being carried out to improve working relation- syndrome, the methods of transmittal, and how (d) EDUCATION AND RESEARCH.— ships with Indian tribes; and sudden oak death syndrome can best be treated; (1) IN GENERAL.—The Secretary shall conduct ‘‘(iii) recommendations for improvements or (4) the Phytophthora fungus has been found education and outreach activities to make infor- other adjustments to operations of the Forest on— mation available to the public on sudden death Service that would be beneficial in strength- (A) Rhododendron plants in nurseries in Cali- oak syndrome. ening working relationships with Indian tribes; fornia; and (2) EDUCATION AND OUTREACH ACTIVITIES.—In and (B) wild huckleberry plants, potentially en- carrying out paragraph (1), the Secretary may— ‘‘(H) carry out such other duties as the Sec- dangering the commercial blueberry and cran- (A) develop and distribute educational mate- retary may assign. berry industries; rials for homeowners, arborists, urban foresters, ‘‘(d) COORDINATION.—In carrying out this sec- (5) sudden oak death syndrome threatens to park managers, public works personnel, tion, the Office and other offices within the For- create major economic and environmental prob- recreationists, nursery workers, landscapers, est Service shall consult on matters involving lems in California, the Pacific Northwest, and naturists, firefighting personnel, and other indi- the rights and interests of Indian tribes.’’. other regions, including— viduals, as the Secretary determines appro- SEC. 818. ASSISTANCE TO TRIBAL GOVERNMENTS. (A) the increased threat of fire and fallen priate; The Cooperative Forestry Assistance Act of trees; (B) design and maintain a website to provide 1978 (16 U.S.C. 2101 et seq.) is amended by add- (B) the cost of tree removal and a reduction in information on sudden oak death syndrome; ing at the end the following: property values; and and (C) loss of revenue due to— (C) provide financial and technical support to ‘‘SEC. 21. ASSISTANCE TO TRIBAL GOVERNMENTS. (i) restrictions on imports of oak products and States, local governments, and nonprofit organi- ‘‘(a) DEFINITION OF INDIAN TRIBE.—In this nursery stock; and zations providing information on sudden oak section, the term ‘Indian tribe’ has the meaning (ii) the impact on the commercial rhododen- death syndrome. given the term in section 4 of the Indian Self- dron, blueberry, and cranberry industries; and (e) SUDDEN OAK DEATH SYNDROME ADVISORY Determination and Education Assistance Act (25 (6) Oregon and Canada have imposed an COMMITTEE.— U.S.C. 450b). emergency quarantine on the importation of oak (1) ESTABLISHMENT.— ‘‘(b) ESTABLISHMENT.—The Secretary may trees, oak products, and certain nursery plants (A) IN GENERAL.—The Secretary shall estab- provide financial, technical, educational and re- from California. lish a Sudden Oak Death Syndrome Advisory lated assistance to Indian tribes for— (b) RESEARCH, MONITORING, AND TREATMENT Committee (referred to in this subsection as the ‘‘(1) tribal consultation and coordination with OF SUDDEN OAK DEATH SYNDROME.— ‘‘Committee’’) to assist the Secretary in carrying the Forest Service on issues relating to— (1) IN GENERAL.—The Secretary of Agriculture out this section. ‘‘(A) tribal rights and interests on National (referred to in this section as the ‘‘Secretary’’) (B) MEMBERSHIP.— Forest System land (including national forests shall carry out a sudden oak death syndrome (i) COMPOSITION.—The Committee shall con- and national grassland); research, monitoring, and treatment program to sist of— ‘‘(B) coordinated or cooperative management develop methods to control, manage, or eradi- (I) 1 representative of the Animal and Plant of resources shared by the Forest Service and cate sudden oak death syndrome from oak trees Health Inspection Service, to be appointed by Indian tribes; and on public and private land. the Administrator of the Animal and Plant ‘‘(C) provision of tribal traditional, cultural, (2) RESEARCH, MONITORING, AND TREATMENT Health Inspection Service; or other expertise or knowledge; ACTIVITIES.—In carrying out the program under (II) 1 representative of the Agricultural Re- ‘‘(2) projects and activities for conservation paragraph (1), the Secretary may— search Service, to be appointed by the Adminis- education and awareness with respect to forest (A) conduct open space, roadside, and aerial trator of the Agricultural Research Service; land under the jurisdiction of Indian tribes; surveys; (III) 1 representative of the Forest Service, to ‘‘(3) technical assistance for forest resources (B) provide monitoring technique workshops; be appointed by the Chief of the Forest Service; planning, management, and conservation on (C) develop baseline information on the dis- (IV) 2 individuals appointed by the Secretary land under the jurisdiction of Indian tribes; and tribution, condition, and mortality rates of oaks from each of the States affected by sudden oak ‘‘(4) the acquisition by Indian tribes, from in California and the Pacific Northwest; death syndrome; and willing sellers, of conservation interests (includ- (D) maintain a geographic information system (V) any individual, to be appointed by the ing conservation easements) in forest land and database; Secretary, in consultation with the Governors of resources on land under the jurisdiction of the (E) conduct research activities, including re- the affected States, that the Secretary Indian tribes. search on forest pathology, Phytophthora ecol- determines—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00128 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.020 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1107 (aa) has an interest or expertise in sudden oak (6) treatments not supported by sound science retary of Agriculture, in consultation with the death syndrome; and may fail to achieve long-term ecosystem health Secretary of the Interior. (bb) would contribute to the Committee. and resource restoration objectives; (2) SCOPE OF RESEARCH; TRANSFER OF INFOR- (ii) DATE OF APPOINTMENTS.—The appoint- (7)(A) scientific research must be integrated MATION.—Each Institute shall— ment of a member of the Committee shall be with ongoing land management activities; and (A) plan, conduct, or otherwise arrange for made not later than 90 days after the date of en- (B) restoration techniques must be continually applied ecosystem management research that— actment of this Act. reevaluated and adapted to reflect new knowl- (i) assists in answering questions identified by (C) INITIAL MEETING.—Not later than 30 days edge and to meet the practical needs of land land managers, practitioners, and others con- after the date on which all members of the Com- managers and communities developing and im- cerned with land management; and mittee have been appointed, the Committee shall plementing restoration treatments; and (ii) will be useful in the development and im- hold the initial meeting of the Committee. (8) scientific knowledge must be translated plementation of practical, science-based, eco- (2) DUTIES.— and transferred to land managers, resource spe- logical restoration treatments; (A) IMPLEMENTATION PLAN.—The Committee cialists, communities, and stakeholders that col- (B) translate scientific knowledge into commu- shall prepare a comprehensive implementation laborate in the development and implementation nication tools that are easily understood by plan to address the management, control, and of those treatments. land managers, natural resource professionals, eradication of sudden oak death syndrome. (b) PURPOSES.—The purposes of this section and concerned citizens; and (B) REPORTS.— are— (C) provide similar information to land man- (i) INTERIM REPORT.—Not later than 1 year (1) to— agers and other interested persons. after the date of enactment of this Act, the Com- (A) improve the ecological health, resource (3) COOPERATION.—Each Institute shall co- mittee shall submit to Congress the implementa- values, and sustainability of forest and wood- operate with— tion plan prepared under paragraph (1). land ecosystems in Arizona and New Mexico; (A) researchers at colleges and universities in (ii) FINAL REPORT.—Not later than 3 years and the States that have demonstrated capabilities after the date of enactment of this Act, the Com- (B) reduce the threat of unnatural wildfire, for research, information dissemination, con- mittee shall submit to Congress a report that disease, and insect infestations in those States; tinuing education, and undergraduate and contains— (2) to restore ecosystem structure and function graduate training, to develop broad capacity to (I) a summary of the activities of the Com- so that ecosystems will— implement ecological restoration in forest and mittee; (A) support biodiversity; woodland ecosystems; and (II) an accounting of funds received and ex- (B) enhance watershed values; (B) other organizations and entities in the re- (C) increase water flow to seeps and springs; pended by the Committee; and gion (such as the Western Governors’ Associa- and (III) findings and recommendations of the tion, Southwest Strategy group, the Southwest (D) increase tree, grass, forb, and shrub vigor Committee. Fire Management Board, and the Arizona Gov- and growth to provide sustainable economic ac- (f) AUTHORIZATION OF APPROPRIATIONS.— ernor’s Forest Health/Fire Plan Advisory Com- tivities for current and future generations; There are authorized to be appropriated for (3) to develop the scientific knowledge to in- mittee), to increase and accelerate efforts to re- each of fiscal years 2002 through 2006— form the design of adaptive ecosystem manage- store forest ecosystem health and abate unnatu- (1) to carry out subsection (b), $7,500,000, of ment restoration treatments that will restore ral and unwanted wildfire. which not more than $1,500,000 shall be used for (4) APPROVAL OF ANNUAL WORK PLAN; REQ- long-term ecological health to forests and wood- treatment; UISITE ASSURANCES.—As a condition to the re- lands in the States; and (2) to carry out subsection (c), $6,000,000; (4) to encourage collaboration among land ceipt of funds made available under subsection (3) to carry out subsection (d), $500,000; and management agencies, communities, and interest (g), for each fiscal year, each Institute shall (4) to carry out subsection (e), $250,000. groups in developing, implementing, and moni- submit to the Secretary of Agriculture, for re- SEC. 820. INDEPENDENT INVESTIGATION OF toring adaptive ecosystem management restora- view by the Secretary of Agriculture, in con- FIREFIGHTER FATALITIES. tion treatments that are ecologically sound, eco- sultation with the Secretary of the Interior, an In the case of each fatality of an officer or nomically viable, and socially responsible. annual work plan that includes assurances, sat- employee of the Forest Service that occurs due (c) DEFINITIONS.—In this section: isfactory to the Secretaries, that the proposed to wildfire entrapment or burnover, the Inspec- (1) ADAPTIVE ECOSYSTEM MANAGEMENT.—The work will serve the information needs of— tor General of the Department of Agriculture term ‘‘adaptive ecosystem management’’ means (A) land managers; shall— management practiced by engaging researchers, (B) practitioners; (1) conduct an investigation that does not rely land managers, resource specialists, policy ana- (C) concerned citizens and communities; and on, and is completely independent of, any inves- lysts, decisionmakers, nonprofit organizations, (D) the States. tigation of the fatality that is conducted by the and communities in conducting collaborative (e) COOPERATION BETWEEN INSTITUTES AND Forest Service; and large-scale management experiments that seek to FEDERAL AGENCIES.—In carrying out this sec- (2) submit to Congress and the Secretary of restore ecosystem health while seeking unex- tion, the Secretary of Agriculture, in consulta- Agriculture a report on the fatality. plored opportunities to enhance natural re- tion with the Secretary of the Interior— SEC. 821. ADAPTIVE ECOSYSTEM RESTORATION source values. (1) shall encourage other Federal depart- OF ARIZONA AND NEW MEXICO FOR- (2) ECOLOGICAL INTEGRITY.—The term ‘‘eco- ments, agencies, and instrumentalities to use ESTS AND WOODLANDS. logical integrity’’ includes a critical range of and take advantage of, on a cooperative basis, (a) FINDINGS.—Congress finds that— variability in biodiversity, ecological processes the expertise and capabilities that are available (1) fire suppression, logging, and overgrazing and structures, regional and historical context, through the Institutes; have degraded the ecological conditions of for- and sustainable forestry practices in forests and (2) shall encourage cooperation and coordina- ests and woodlands in Arizona and New Mexico; woodlands. tion with other Federal programs relating to— (2) some of those forests and woodlands con- (3) ECOLOGICAL RESTORATION.—The term ‘‘ec- (A) ecological restoration; and tain unnaturally high quantities of biomass that ological restoration’’ means the process of assist- (B) wildfire risk reduction; are subject to large, high intensity wildfires that ing the recovery and management of ecological (3) may (notwithstanding chapter 63 of title endanger human lives and livelihoods and eco- integrity. 31, United States Code)— (A) enter into contracts, cooperative agree- logical sustainability; (4) INSTITUTE.—The term ‘‘Institute’’ means (3) degraded forests and woodlands have led an institute established under subsection (d)(1). ments, interagency personal agreements; and to— (5) LAND MANAGEMENT AGENCY.—The term (B) carry out other transactions; (A) declining biodiversity; ‘‘land management agency’’ means a Federal, (4) may accept funds from other Federal de- (B) decreased stream and spring flows; State, local, or tribal land management agency. partments, agencies, and instrumentalities to (C) impaired watershed values; (6) PRACTITIONER.—The term ‘‘practitioner’’ supplement or fully fund grants made, and con- (D) increased susceptibility to insects and dis- means a person or entity that practices natural tracts entered into, by the Secretaries; eases; resource management. (5) may promulgate such regulations as the (E) increases in mortality in the oldest trees; (7) SECRETARIES.—The term ‘‘Secretaries’’ Secretaries consider appropriate; and means— (6) may support a program of internships for (F) degraded habitats for wildlife and hu- (A) the Secretary of Agriculture, acting qualified individuals at the undergraduate and mans; through the Chief of the Forest Service; and graduate levels to carry out the educational and (4) healthy forest and woodland ecosystems— (B) the Secretary of the Interior. training objectives of this section; and (A) minimize the threat of unnatural wildfire; (8) STATE.—The term ‘‘State’’ means— (7) shall encourage professional education (B) improve wildlife habitat; (A) the State of Arizona; and and public information activities relating to the (C) increase tree, grass, forb, and shrub pro- (B) the State of New Mexico. purposes of this section. ductivity; (d) ESTABLISHMENT OF INSTITUTES.— (f) MONITORING AND EVALUATION.— (D) enhance watershed values; and (1) IN GENERAL.—The Secretary of Agri- (1) IN GENERAL.—Not later than 5 years after (E) provide a basis for economically and envi- culture, in consultation with the Secretary of the date of enactment of this Act, and every 5 ronmentally sustainable uses; the Interior, shall establish— years thereafter, the Secretary, in consultation (5) forest and woodland treatments intended (A) an Ecological Restoration Institute in with the Secretary of the Interior, shall com- to restore degraded ecosystems should be devel- Flagstaff, Arizona; and plete a detailed evaluation of each Institute— oped using the best available scientific knowl- (B) an Institute at a college or university in (A) to ensure, to the maximum extent prac- edge; the State of New Mexico selected by the Sec- ticable, that the research, communication tools,

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00129 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.020 pfrm01 PsN: S25PT1 S1108 CONGRESSIONAL RECORD — SENATE February 25, 2002 and information transfer activities of the Insti- (10) because agricultural production is energy- parable nonbiobased product, if the biobased tute meet the needs of— intensive, it is incumbent on the Federal Gov- product is listed on the list of biobased products (i) land managers; ernment to aid the agricultural sector in reduc- published under subsection (c)(1). (ii) practitioners; ing energy consumption and energy costs; ‘‘(B) BIOBASED PRODUCT NOT REASONABLY (iii) concerned citizens and communities; and (11)(A) one way to help farmers, ranchers, COMPARABLE.—A Federal agency shall not be (iv) the States; and and others reduce energy use is through profes- required to purchase a biobased product under (B) to determine whether continued provision sional energy audits; subparagraph (A) if the purchasing employee of Federal assistance to the Institute is war- (B) energy audits provide recommendations submits to the Secretary and the Administrator ranted. for improved energy efficiency that, when acted of the Office of Federal Procurement Policy a (2) STANDARDS FOR RECEIPT OF FINANCIAL AS- on, offer an effective means of reducing overall written determination that the biobased product SISTANCE.—If, as a result of an evaluation under energy use and saving money; and is not reasonably comparable to nonbiobased paragraph (1), the Secretary, in consultation (C) energy savings of 10 to 30 percent can products in price, performance, or availability. with the Secretary of the Interior, determines typically be achieved, and greater savings are ‘‘(C) CONFLICTING REQUIREMENTS.—The Sec- that an Institute does not qualify for further often realized; and retary and the Administrator shall jointly pro- Federal assistance under this section, the Insti- (12) rural electric utilities are often geographi- mulgate regulations with which Federal agen- tute shall receive no further Federal assistance cally well situated to develop renewable and dis- cies shall comply in cases of a conflict between under this section until such time as the quali- tributed energy supplies, enabling the utilities to the biobased product purchasing requirement fications of the Institute are reestablished to the diversify their energy portfolios and afford their under subparagraph (A) and a purchasing re- satisfaction of the Secretaries. members or customers alternative energy quirement under any other provision of law. (g) AUTHORIZATION OF APPROPRIATIONS.— sources, which many such members and cus- ‘‘(2) PURCHASING OF NONLISTED BIOBASED There is authorized to be appropriated to carry tomers desire. PRODUCTS.—The head of each Federal agency is out this section $10,000,000 for each fiscal year. SEC. 902. CONSOLIDATED FARM AND RURAL DE- encouraged to purchase, to the maximum extent TITLE IX—ENERGY VELOPMENT ACT. practicable, available biobased products that are SEC. 901. FINDINGS. The Consolidated Farm and Rural Develop- not listed on the list of biobased products pub- Congress finds that— ment Act (as amended by section 649) is amend- lished under subsection (c)(1) when the Federal (1) there are many opportunities for the agri- ed by adding at the end the following: agency is not required to purchase a biobased product that is on the list. cultural sector and rural areas to produce re- ‘‘Subtitle L—Clean Energy newable energy and increase energy efficiency; ‘‘(c) ADMINISTRATIVE ACTION.— (2) investments in renewable energy and en- ‘‘SEC. 388A. DEFINITIONS. ‘‘(1) LIST OF BIOBASED PRODUCTS.— ergy efficiency— ‘‘In this subtitle: ‘‘(A) IN GENERAL.—Not later than 180 days (A) enhance the energy security and inde- ‘‘(1) BIOMASS.— after the date of enactment of this subtitle, and pendence of the United States; ‘‘(A) IN GENERAL.—The term ‘biomass’ means annually thereafter, the Secretary, in consulta- (B) increase farmer and rancher income; any organic material that is available on a re- tion with the Administrator and the Director of (C) promote rural economic development; newable or recurring basis. the National Institute of Standards and Tech- (D) provide environmental and public health ‘‘(B) INCLUSIONS.—The term ‘biomass’ nology, shall publish a list of biobased products. benefits such as cleaner air and water; and includes— ‘‘(B) ENVIRONMENTALLY PREFERABLE (E) improve electricity grid reliability, thereby ‘‘(i) dedicated energy crops; BIOBASED PRODUCTS.—The Secretary shall not reducing the likelihood of blackouts and brown- ‘‘(ii) trees grown for energy production; include on the list under paragraph (1) biobased outs, particularly during peak usage periods; ‘‘(iii) wood waste and wood residues; products that are not environmentally pref- (3) the public strongly supports renewable en- ‘‘(iv) plants (including aquatic plants, erable, as determined by the Secretary. ergy generation and energy efficiency improve- grasses, and agricultural crops); ‘‘(C) GRANTS.—The Secretary may award ments as an important component of a national ‘‘(v) residues; grants to, or enter into contracts or cooperative energy strategy; ‘‘(vi) fibers; agreements with, eligible persons, businesses, or (4)(A) the Federal Government is the coun- ‘‘(vii) animal wastes and other waste mate- institutions (as determined by the Secretary) to try’s largest consumer of a vast array of prod- rials; and assist in collecting data concerning the evalua- ucts, spending in excess of $200,000,000,000 per ‘‘(viii) fats and oils. tion of and lifecycle analyses of biobased prod- year; ‘‘(C) EXCLUSIONS.—The term ‘biomass’ does ucts for use in making the determinations nec- (B) purchases and use of products by the Fed- not include— essary to carry out this paragraph. eral Government have a significant effect on the ‘‘(i) paper that is commonly recycled; or ‘‘(2) GUIDANCE.—Not later than 240 days after environment; and ‘‘(ii) unsegregated garbage. the date of enactment of this subtitle, the Office (C) accordingly, the Federal Government ‘‘(2) RENEWABLE ENERGY.—The term ‘renew- of Federal Procurement Policy and Federal Ac- should lead the way in purchasing biobased able energy’ means energy derived from a wind, quisition Regulation Council shall make the products so as to minimize environmental im- solar, biomass, geothermal, or hydrogen source. Federal Acquisition Regulation consistent with pacts while supporting domestic producers of ‘‘(3) RURAL SMALL BUSINESS.—The term ‘rural subsection (b). biobased products; small business’ has the meaning that the Sec- ‘‘(d) EDUCATION AND OUTREACH PROGRAM.— (5) the agricultural sector is a leading pro- retary shall prescribe by regulation. The Secretary, in cooperation with the Defense ducer of biobased products to meet domestic and Acquisition University and the Federal Acquisi- ‘‘CHAPTER 1—BIOBASED PRODUCT international needs; tion Institute, shall conduct education programs DEVELOPMENT (6) agriculture can play a significant role in for all Federal procurement officers regarding the development of fuel cell and hydrogen-based ‘‘SEC. 388B. BIOBASED PRODUCT PURCHASING biobased products and the requirements of sub- energy technologies, which are critical tech- REQUIREMENT. section (b). nologies for a clean energy future; ‘‘(a) DEFINITIONS.—In this section: ‘‘(e) LABELING.— (7)(A) wind energy is 1 of the fastest growing ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(1) IN GENERAL.—The Secretary shall develop clean energy technologies; and trator’ means the Administrator of the Environ- a program, similar to the Energy Star program (B) there are tremendous economic develop- mental Protection Agency. of the Department of Energy and the Environ- ment and environmental quality benefits to be ‘‘(2) BIOBASED PRODUCT.—The term ‘biobased mental Protection Agency, under which the Sec- achieved by developing both large-scale and product’ means a commercial or industrial prod- retary authorizes producers of environmentally small-scale wind power projects on farms and in uct, as determined by the Secretary (other than preferable biobased products to use a label that rural communities; food or feed), that uses biological products or re- identifies the products as environmentally pref- (8) farm-based renewable energy generation newable domestic agricultural materials (includ- erable biobased products. can become one of the major cash crops of the ing plant, animal, and marine materials) or for- ‘‘(2) ENVIRONMENTALLY PREFERABLE BIOBASED United States, improving the livelihoods of hun- estry materials. PRODUCTS.—The Secretary shall monitor and dreds of thousands of family farmers, ranchers, ‘‘(3) ENVIRONMENTALLY PREFERABLE.—The take appropriate action regarding the use of la- and others and revitalizing rural communities; term ‘environmentally preferable’, with respect bels under paragraph (1) to ensure that the (9)(A) evidence continues to mount that in- to a biobased product, refers to a biobased prod- biobased products using the labels do not in- creases in atmospheric concentrations of green- uct that has a lesser or reduced effect on human clude biobased products that are not environ- house gases are contributing to global climate health and the environment when compared mentally preferable, as determined by the Sec- change; and with competing nonbiobased products that serve retary. (B) agriculture can help in climate change the same purpose. ‘‘(3) CONTRACTING.—In carrying out para- mitigation by— ‘‘(b) BIOBASED PRODUCT PURCHASING.— graph (1), the Secretary may contract with ap- (i) storing carbon in soils, plants, and forests; ‘‘(1) MANDATORY PURCHASING REQUIREMENT propriate entities with expertise in product la- (ii) producing biofuels, chemicals, and power FOR LISTED BIOBASED PRODUCTS.— beling and standard setting. to replace fossil fuels and petroleum-based prod- ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(f) GOAL.—It shall be the goal of each Fed- ucts; and paragraph (B), not later than 180 days after the eral agency for each fiscal year to purchase (iii) reducing emissions by capturing gases date of enactment of this subtitle, the head of biobased products of an aggregate value that is from animal feeding operations, changing agri- each Federal agency shall ensure that, in pur- not less than 5 percent of the aggregate value of cultural land practices, and becoming more en- chasing any product, the Federal agency pur- all products purchased by the Federal agency ergy efficient; chases a biobased product, rather than a com- during the preceding fiscal year.

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‘‘(g) REPORTS.—As soon as practicable after ‘‘(B) FACTORS.—The factors to be considered ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Of the end of each fiscal year, the Secretary and under subparagraph (A) shall include— the funds of the Commodity Credit Corporation, the Office of Federal Procurement Policy shall ‘‘(i) the potential market for the product or the Secretary shall make available $5,000,000 for jointly submit to Congress an annual report products; each fiscal year 2003 through 2006. that, for the fiscal year, describes the extent ‘‘(ii) the quantity of petroleum the product ‘‘CHAPTER 2—RENEWABLE ENERGY of— will displace; DEVELOPMENT AND ENERGY EFFICIENCY ‘‘(1) compliance by each Federal agency with ‘‘(iii) the level of financial participation by subsection (b); and the applicants; ‘‘SEC. 388E. RENEWABLE ENERGY DEVELOPMENT ‘‘(2) the success of each Federal agency in ‘‘(iv) the availability of adequate funding LOAN AND GRANT PROGRAM. achieving the goal established under subsection from other sources; ‘‘(a) IN GENERAL.—The Secretary, acting (f). ‘‘(v) the beneficial impact on resource con- through the Rural Business Cooperative Service, ‘‘(h) FUNDING.— servation and the environment; in addition to exercising authority to make ‘‘(1) IN GENERAL.—Not later than 30 days after ‘‘(vi) the participation of producer associa- loans and loan guarantees under other law, the date of enactment of this subtitle, and on tions and cooperatives; shall establish a program under which the Sec- October 1, 2002, and each October 1 thereafter ‘‘(vii) the timeframe in which the project will retary shall make loans and loan guarantees through October 1, 2005, out of any funds in the be operational; and competitively award grants to assist farmers Treasury not otherwise appropriated, the Sec- ‘‘(viii) the potential for rural economic devel- and ranchers in projects to establish new, or ex- retary of the Treasury shall transfer to the Sec- opment; pand existing, farmer or rancher cooperatives, retary to carry out this section $2,000,000, to re- ‘‘(ix) the participation of multiple eligible en- or other rural business ventures (as determined main available until expended. tities; and by the Secretary), to— ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(x) the potential for developing advanced in- ‘‘(1) enable farmers and ranchers to become retary shall be entitled to receive, shall accept, dustrial biotechnology approaches. owners of sources of renewable electric energy and shall use to carry out this section the funds ‘‘(f) COST SHARING.— and marketers of electric energy produced from transferred under paragraph (1), without fur- ‘‘(1) IN GENERAL.—Except as provided in para- renewable sources; ther appropriation. graph (2), the amount of a grant for a project ‘‘(2) provide new income streams for farmers ‘‘SEC. 388C. BIOREFINERY DEVELOPMENT awarded under subsection (c) shall not exceed and ranchers; GRANTS. 30 percent of the cost of the project. ‘‘(3) increase the quantity of electricity avail- ‘‘(a) PURPOSE.—The purpose of this section is ‘‘(2) INCREASED GRANT AMOUNT.—The Sec- able from renewable energy sources; and to assist in the development of new and emerg- retary may increase the amount of a grant for ‘‘(4) provide environmental and public health ing technologies for the conversion of biomass a project under subsection (c) to not more than benefits to rural communities and the United into petroleum substitutes, so as to— 50 percent in the case of a project that the Sec- States as a whole. ‘‘(1) develop transportation and other fuels retary finds particularly meritorious. ‘‘(b) OWNERSHIP REQUIREMENT.—At least 51 and chemicals from renewable sources; ‘‘(3) FORM OF GRANTEE SHARE.— percent of the interest in a rural business ven- ‘‘(2) reduce the dependence of the United ‘‘(A) IN GENERAL.—The grantee share of the ture assisted with a grant under subsection (a) States on imported oil; cost of a project may be made in the form of shall be owned by farmers or ranchers. ‘‘(3) reduce greenhouse gas emissions; cash or the provision of services, material, or ‘‘(c) MAXIMUM AMOUNT OF LOANS AND ‘‘(4) diversify markets for raw agricultural other in-kind contributions. GRANTS.— ‘‘(B) LIMITATION.—The amount of the grantee and forestry products; and ‘‘(1) LOANS.—The amount of a loan made or ‘‘(5) create jobs and enhance the economic de- share of the cost of a project that is made in the guaranteed for a project under subsection (a) velopment of the rural economy. form of the provision of services, material, or shall not exceed $10,000,000. other in-kind contributions shall not exceed 25 ‘‘(b) DEFINITIONS.—In this section: ‘‘(2) GRANTS.—The amount of a grant made ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi- percent of the amount of the grantee share de- for a project under subsection (a) shall not ex- sory Committee’ means the Biomass Research termined under paragraph (1). ceed $200,000 for a fiscal year. ‘‘(g) FUNDING.— and Development Technical Advisory Committee ‘‘(d) COST SHARING.— ‘‘(1) IN GENERAL.—Not later than 30 days after established by section 306 of the Biomass Re- ‘‘(1) IN GENERAL.—The total amount of loans the date of enactment of this subtitle, and on search and Development Act of 2000 (7 U.S.C. made or guaranteed or grants awarded under October 1, 2002, and each October 1 thereafter 7624 note; Public Law 106–224). subsection (a) for a project shall not exceed 50 through October 1, 2005, out of any funds in the ‘‘(2) BIOREFINERY.—The term ‘biorefinery’ percent of the cost of the activity funded by the Treasury not otherwise appropriated, the Sec- means equipment and processes that— loan or grant. ‘‘(A) convert biomass into fuels and chemicals; retary of the Treasury shall transfer to the Sec- ‘‘(2) FORM OF GRANTEE SHARE.— and retary to carry out this section $15,000,000, to re- ‘‘(A) IN GENERAL.—The grantee share of the ‘‘(B) may produce electricity. main available until expended. cost of the activity may be made in the form of ‘‘(3) BOARD.—The term ‘Board’ means the ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- cash or the provision of services, material, or Biomass Research and Development Board es- retary shall be entitled to receive, shall accept, other in-kind contributions. tablished by section 305 of the Biomass Research and shall use to carry out this section the funds and Development Act of 2000 (7 U.S.C. 7624 note; transferred under paragraph (1), without fur- ‘‘(B) LIMITATION.—The amount of the grantee Public Law 106–224). ther appropriation. share of the cost of an activity that is made in the form of the provision of services, material, or ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘SEC. 388D. BIODIESEL FUEL EDUCATION PRO- has the meaning given the term in section 4 of GRAM. other in-kind contributions shall not exceed 25 percent of the amount of the grantee share, as the Indian Self-Determination and Education ‘‘(a) FINDINGS.—Congress finds that— Assistance Act (25 U.S.C. 450b). ‘‘(1) biodiesel fuel use can help reduce green- determined under paragraph (1). ‘‘(c) GRANTS.—The Secretary shall award house gas emissions and public health risks as- ‘‘(e) INTEREST RATE.—A loan made or guaran- grants to eligible entities to assist in paying the sociated with air pollution; teed under subsection (a) shall bear an interest cost of development and construction of bio- ‘‘(2) biodiesel fuel use enhances energy secu- rate that does not exceed 4 percent. refineries to carry out projects to demonstrate rity by reducing petroleum consumption; ‘‘(f) USE OF FUNDS.— the commercial viability of 1 or more processes ‘‘(3) biodiesel fuel is nearing the transition ‘‘(1) PERMITTED USES.— for converting biomass to fuels or chemicals. from the research and development phase to ‘‘(A) GRANTS.—A recipient of a grant awarded ‘‘(d) ELIGIBLE ENTITIES.—A corporation, farm commercialization; under subsection (a) may use the grant funds to cooperative, association of farmers, national ‘‘(4) biodiesel fuel is still relatively unknown develop a business plan or perform a feasibility laboratory, university, State energy agency or to the public and even to diesel fuel users; and study to establish a viable marketing oppor- office, Indian tribe, or consortium comprised of ‘‘(5) education of, and provision of technical tunity for renewable electric energy generation any of those entities shall be eligible to receive support to, current and future biodiesel fuel and sale. a grant under subsection (c). users will be critical to the widespread use of ‘‘(B) LOANS.—A recipient of a loan or loan ‘‘(e) COMPETITIVE BASIS FOR AWARDS.— biodiesel fuel. guarantee under subsection (a) may use the ‘‘(1) IN GENERAL.—The Secretary shall award ‘‘(b) ESTABLISHMENT.—The Secretary shall, loan funds to provide capital for start-up costs grants under subsection (c) on a competitive under such terms and conditions as are appro- associated with the rural business venture or basis in consultation with the Board and Advi- priate, offer 1 or more competitive grants to eli- the promotion of the aggregation of renewable sory Committee. gible entities to educate Federal, State, regional, electric energy sources. ‘‘(2) SELECTION CRITERIA.— and local government entities and private enti- ‘‘(2) PROHIBITED USES.—A recipient of a loan, ‘‘(A) IN GENERAL.—In selecting projects to re- ties that operate vehicle fleets, other interested loan guarantee, or grant under subsection (a) ceive grants under subsection (c), the entities (as determined by the Secretary), and shall not use the loan or grant funds for plan- Secretary— the public about the benefits of biodiesel fuel ning, repair, rehabilitation, acquisition, or con- ‘‘(i) shall select projects based on the likeli- use. struction of a building. hood that the projects will demonstrate the com- ‘‘(c) ELIGIBLE ENTITIES.—To receive a grant ‘‘(g) FUNDING.— mercial viability of a process for converting bio- under subsection (b), an entity— ‘‘(1) IN GENERAL.—Not later than 30 days after mass into fuels or chemicals; and ‘‘(1) shall be a nonprofit organization; and the date of enactment of this subtitle, and on ‘‘(ii) may consider the likelihood that the ‘‘(2) shall have demonstrated expertise in bio- October 1, 2002, and each October 1 thereafter projects will produce electricity. diesel fuel production, use, and distribution. through October 1, 2005, out of any funds in the

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Treasury not otherwise appropriated, the Sec- ‘‘(3) arrange private financial assistance to ‘‘(A) IN GENERAL.— retary of the Treasury shall transfer to the Sec- farmers, ranchers, and rural small businesses on ‘‘(i) GRANTS.—The amount of a grant made retary to carry out this section $16,000,000, to re- favorable terms. under subsection (a) for an energy efficiency im- main available until expended. ‘‘(e) COST SHARING.— provement shall not exceed 25 percent of the cost ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(1) IN GENERAL.—A recipient of a grant of the energy efficiency improvement. retary shall be entitled to receive, shall accept, under subsection (a) that conducts an energy ‘‘(ii) MAXIMUM AMOUNT OF COMBINED GRANT and shall use to carry out this section the funds audit for a farmer, rancher, or rural small busi- AND LOAN.—The combined amount of a grant transferred under paragraph (1), without fur- ness under subsection (d)(1) shall require that, and loan made or guaranteed under subsection ther appropriation. as a condition to the conduct of the energy (a) for an energy efficiency project shall not ex- ‘‘(3) LOAN AND INTEREST SUBSIDIES.—In the audit, the farmer, rancher, or rural small busi- ceed 50 percent of the cost of the energy effi- case of a loan or loan guarantee under sub- ness pay at least 25 percent of the cost of the ciency improvement. section (a), the Secretary shall use funds under audit. ‘‘(B) FACTORS.—In determining the amount of paragraph (1) to pay the cost of loan and inter- ‘‘(2) IMPLEMENTATION OF RECOMMENDA- a grant or loan under subparagraph (A), the est subsidies necessary to carry out this section. TIONS.—If a farmer, rancher, or rural small Secretary shall take into consideration— ‘‘(i) the estimated length of time it would take ‘‘SEC. 388F. ENERGY AUDIT AND RENEWABLE EN- business substantially implements the rec- for the energy savings generated by the improve- ERGY DEVELOPMENT PROGRAM. ommendations made in connection with an en- ‘‘(a) IN GENERAL.—The Secretary, acting ment to equal the cost of the improvement; ergy audit, the Secretary may reimburse the ‘‘(ii) the amount of energy savings expected to through the Rural Business Cooperative Service, farmer, rancher, or rural small business the be derived from the improvement; and shall make competitive grants to eligible entities amount that is equal to the share of the cost ‘‘(iii) other factors as appropriate. to enable the eligible entities to carry out a pro- paid by the farmer, rancher, or rural small busi- ‘‘(d) INTEREST RATE.—A loan made or guaran- gram to assist farmers, and ranchers, and rural ness under paragraph (1). teed under subsection (a) shall bear interest at small businesses (as determined by the Sec- ‘‘(f) REPORTS.—The Secretary shall submit to a rate not exceeding 4 percent. retary) in becoming more energy efficient and in the Committee on Agriculture of the House of ‘‘(e) ENERGY AUDIT AND RENEWABLE ENERGY using renewable energy technology. Representatives and the Committee on Agri- DEVELOPMENT PROGRAM.— ‘‘(b) ELIGIBLE ENTITIES.—Entities eligible to culture, Nutrition, and Forestry of the Senate ‘‘(1) PREFERENCE.—In making loans, loan carry out a program under subsection (a) an annual report on the implementation of this guarantees, and grants under subsection (a), include— section. the Secretary shall give preference to partici- ‘‘(1) a State energy or agricultural office; ‘‘(g) FUNDING.— pants in the energy audit and renewable energy ‘‘(2) a regional or State-based energy organi- ‘‘(1) IN GENERAL.—Not later than 30 days after development program under section 388F. zation or energy organization of an Indian tribe the date of enactment of this subtitle, and on ‘‘(2) RESERVATION OF FUNDING.—The Sec- (as defined in section 4 of the Indian Self-Deter- October 1, 2002, and each October 1 thereafter retary shall reserve at least 25 percent of the mination and Education Assistance Act (25 through October 1, 2005, out of any funds in the funds made available to carry out this section U.S.C. 450b)); Treasury not otherwise appropriated, the Sec- for each of fiscal years 2002 through 2006 to par- ‘‘(3) a land-grant college or university (as de- retary of the Treasury shall transfer to the Sec- ticipants in the energy audit and renewable en- fined in section 1404 of the National Agricul- retary to carry out this section $15,000,000, to re- ergy development program under section 388F. tural Research, Extension, and Teaching Policy main available until expended. ‘‘(f) FUNDING.— Act of 1977 (7 U.S.C. 3103)) or other college or ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(1) IN GENERAL.—Not later than 30 days after university; retary shall be entitled to receive, shall accept, the date of enactment of this subtitle, and on ‘‘(4) a farm bureau or organization; and shall use to carry out this section the funds October 1, 2002, and each October 1 thereafter ‘‘(5) a rural electric cooperative or utility; transferred under paragraph (1), without fur- through October 1, 2005, out of any funds in the ‘‘(6) a nonprofit organization; and ther appropriation. Treasury not otherwise appropriated, the Sec- ‘‘(7) any other entity, as determined by the retary of the Treasury shall transfer to the Sec- Secretary. ‘‘SEC. 388G. LOANS, LOAN GUARANTEES, AND retary to carry out this section $33,000,000, to re- ‘‘(c) MERIT REVIEW.— GRANTS TO FARMERS, RANCHERS, AND RURAL SMALL BUSINESSES FOR main available until expended. ‘‘(1) MERIT REVIEW PANEL.—The Secretary ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- shall establish a merit review panel to review RENEWABLE ENERGY SYSTEMS AND ENERGY EFFICIENCY IMPROVE- retary shall be entitled to receive, shall accept, applications for grants under subsection (a) that MENTS. and shall use to carry out this section the funds uses the expertise of other Federal agencies (in- ‘‘(a) IN GENERAL.—In addition to exercising transferred under paragraph (1), without fur- cluding the Department of Energy and the Envi- authority to make loans and loan guarantees ther appropriation. ronmental Protection Agency), industry, and under other law, the Secretary shall make loans, ‘‘(3) LOAN AND INTEREST SUBSIDIES.—In the nongovernmental organizations. loan guarantees, and grants to farmers, ranch- case of a loan or loan guarantee under sub- ELECTION CRITERIA.—In reviewing appli- ‘‘(2) S ers, and rural small businesses to— section (a), the Secretary shall use funds under cations of eligible entities to receive grants ‘‘(1) purchase renewable energy systems; and paragraph (1) to pay the cost of loan and inter- under subsection (a), the merit review panel ‘‘(2) make energy efficiency improvements. est subsidies necessary to carry out this section. shall consider— ‘‘(b) ELIGIBILITY OF FARMERS AND RANCH- ‘‘SEC. 388H. HYDROGEN AND FUEL CELL TECH- ‘‘(A) the ability and expertise of the eligible NOLOGIES PROGRAM. ERS.—To be eligible to receive a grant under entity in providing professional energy audits subsection (a) for a fiscal year, a farmer or ‘‘(a) FINDINGS.—Congress finds that— and renewable energy assessments; ‘‘(1) fuel cells are a highly efficient, clean, rancher shall have produced not more than ‘‘(B) the geographic scope of the program pro- and flexible technology for generating electricity $1,000,000 in market value of agricultural prod- posed by the eligible entity; from hydrogen that promises to improve the en- ucts during the preceding fiscal year, as deter- ‘‘(C) the number of farmers, ranchers, and vironment, electricity reliability, and energy se- mined by the Secretary. rural small businesses to be assisted by the pro- curity; gram; ‘‘(c) COST SHARING.— ‘‘(2)(A) because fuel cells can be made in any ‘‘(D) the potential for energy savings and en- ‘‘(1) RENEWABLE ENERGY SYSTEMS.— size, fuel cells can be used for a wide variety of vironmental and public health benefits resulting ‘‘(A) IN GENERAL.— farm applications, including powering farm ve- from the program; and ‘‘(i) GRANTS.—The amount of a grant made hicles, equipment, houses, and other operations; ‘‘(E) the plan of the eligible entity for edu- under subsection (a) for a renewable energy sys- and cating farmers, ranchers, and rural small busi- tem shall not exceed 30 percent of the cost of the ‘‘(B) much of the initial use of fuel cells is nesses on the benefits of energy efficiency and renewable energy system. likely to be in remote and off-grid applications renewable energy development. ‘‘(ii) MAXIMUM AMOUNT OF COMBINED GRANT in rural areas; and ‘‘(d) USE OF GRANT FUNDS.—A recipient of a AND LOAN.—The combined amount of a grant ‘‘(3) hydrogen is a clean and flexible fuel that grant under subsection (a) shall use the grant and loan made or guaranteed under subsection can play a critical role in storing and trans- funds to— (a) for a renewable energy system shall not ex- porting energy produced on farms from renew- ‘‘(1)(A) conduct energy audits for farmers, ceed 60 percent of the cost of the renewable en- able sources (including biomass, wind, and solar ranchers, and rural small businesses to provide ergy system. energy). farmers, ranchers, and rural small businesses ‘‘(B) FACTORS.—In determining the amount of ‘‘(b) GRANT PROGRAM.—The Secretary of Agri- recommendations for energy efficiency and re- a grant or loan under subparagraph (A), the culture, in consultation with the Secretary of newable energy development opportunities; and Secretary shall take into consideration— Energy, shall establish a program under which ‘‘(B) conduct workshops on that subject as ‘‘(i) the type of renewable energy system to be the Secretary of Agriculture shall competitively appropriate; purchased; award grants to, or enter into contracts or coop- ‘‘(2) make farmers, ranchers, and rural small ‘‘(ii) the estimated quantity of energy to be erative agreements with, eligible entities for— businesses aware of, and ensure that they have generated or displaced by the renewable energy ‘‘(1) projects to demonstrate the use of hydro- access to— system; gen technologies and fuel cell technologies in ‘‘(A) financial assistance under section 388G; ‘‘(iii) the expected environmental benefits of farm, ranch, and rural applications; and and the renewable energy system; ‘‘(2) as appropriate, studies of the technical, ‘‘(B) other Federal, State, and local financial ‘‘(iv) the extent to which the renewable en- environmental, and economic viability, in farm, assistance programs for which farmers, ranch- ergy system will be replicable; and ranch, and rural applications, of innovative hy- ers, and rural small businesses may be eligible; ‘‘(v) other factors as appropriate. drogen and fuel cell technologies not ready for and ‘‘(2) ENERGY EFFICIENCY IMPROVEMENTS.— demonstration.

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‘‘(c) ELIGIBLE ENTITIES.—Under subsection ‘‘(A) IN GENERAL.—The Secretary, acting cation, and Extension Service and the Forest (b), the Secretary may make a grant to or enter through the Cooperative State Research, Edu- Service, shall establish a competitive grant pro- into a contract or cooperative agreement with— cation, and Extension Service, shall establish a gram to encourage research on the matters de- ‘‘(1) a Federal research agency; competitive grant program to carry out research scribed in paragraph (1) by eligible entities. ‘‘(2) a national laboratory; on the matters described in paragraph (1) by eli- ‘‘(B) ELIGIBLE ENTITIES.—Under subpara- ‘‘(3) a college or university or a research foun- gible entities. graph (A), the Secretary may make a grant to— dation maintained by a college or university; ‘‘(B) ELIGIBLE ENTITIES.—Under subpara- ‘‘(i) a Federal research agency; ‘‘(4) a private organization with an estab- graph (A), the Secretary may make a grant to— ‘‘(ii) a national laboratory; lished and demonstrated capacity to perform re- ‘‘(i) a Federal research agency; ‘‘(iii) a college or university or a research search or technology transfer; ‘‘(ii) a national laboratory; foundation maintained by a college or univer- ‘‘(5) a State agricultural experiment station; ‘‘(iii) a college or university or a research sity; ‘‘(6) an individual; or foundation maintained by a college or univer- ‘‘(iv) a private research organization with an ‘‘(7) a consortium comprised of entities de- sity; established and demonstrated capacity to per- scribed in paragraphs (1) through (6). ‘‘(iv) a private research organization with an form research or technology transfer; ‘‘(d) SELECTION CRITERIA.—In selecting established and demonstrated capacity to per- ‘‘(v) a State agricultural experiment station; projects for grants, contracts, and cooperative form research or technology transfer; ‘‘(vi) a State forestry agency that has devel- agreements under subsection (b)(1), the Sec- ‘‘(v) a State agricultural experiment station; oped or is developing a forest carbon sequestra- retary shall give preference to projects that dem- ‘‘(vi) a State forestry agency that has devel- tion program; or ‘‘(vii) an individual. onstrate technologies that— oped or is developing a forest carbon sequestra- ‘‘(C) CONSULTATION ON RESEARCH TOPICS.— ‘‘(1) are innovative; tion program; or Before issuing a request for proposals for ap- ‘‘(2) use renewable energy sources; ‘‘(vii) an individual. ‘‘(C) CONSULTATION ON RESEARCH TOPICS.— plied research under paragraph (1), the Cooper- ‘‘(3) generate both usable electricity and heat; Before issuing a request for proposals for basic ative State Research, Education, and Extension ‘‘(4) provide significant environmental bene- research under paragraph (1), the Cooperative Service and the Forest Service shall consult with fits; State Research, Education, and Extension Serv- the Natural Resources Conservation Service and ‘‘(5) are likely to be economically competitive; ice shall consult with the Agricultural Research the Agricultural Research Service to ensure that and proposed research areas are complementary with ‘‘(6) have potential for commercialization as Service and the Forest Service to ensure that and do not duplicate research projects funded mass-produced, farm- or ranch-sized systems. proposed research areas are complementary with and do not duplicate other research projects by the Department of Agriculture or other Fed- ‘‘(e) COST SHARING.—The amount of financial assistance provided for a project under a grant, funded by the Department or other Federal eral agencies. ‘‘(D) ADMINISTRATIVE EXPENSES.—The Sec- contract, or cooperative agreement under sub- agencies. ‘‘(D) ADMINISTRATIVE EXPENSES.—The Sec- retary, acting through the Cooperative State Re- section (b) shall not exceed 50 percent of the cost retary may retain up to 4 percent of the search, Education, and Extension Service, may of the project. amounts made available for each fiscal year to retain up to 4 percent of the amounts made ‘‘(f) FUNDING.— carry out this subsection to pay administrative available for each fiscal year to carry out this ‘‘(1) IN GENERAL.—Not later than 30 days after expenses incurred in carrying out this sub- subsection to pay administrative expenses in- the date of enactment of this subtitle, and on section. curred in carrying out this subsection. October 1, 2002, and each October 1 thereafter ‘‘(b) APPLIED RESEARCH.— ‘‘(c) RESEARCH CONSORTIA.— through October 1, 2005, out of any funds in the ‘‘(1) IN GENERAL.—The Secretary shall carry ‘‘(1) IN GENERAL.—The Secretary may des- Treasury not otherwise appropriated, the Sec- out applied research in the areas of soil science, ignate not more than 2 research consortia to retary of the Treasury shall transfer to the Sec- agronomy, agricultural economics, forestry, and carry out research projects under this section, retary to carry out this section $5,000,000, to re- other agricultural sciences to— with the requirement that the consortia propose main available until expended. ‘‘(A) promote understanding of— to conduct basic research under subsection (a) ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(i) how agricultural and forestry practices and applied research under subsection (b) . retary shall be entitled to receive, shall accept, affect the sequestration of organic and inor- ‘‘(2) SELECTION.—The consortia shall be se- and shall use to carry out this section the funds ganic carbon in soils and plants (including lected on a competitive basis by the Cooperative transferred under paragraph (1), without fur- trees) and net emissions of other greenhouse State Research, Education, and Extension Serv- ther appropriation. gases; ice. ‘‘SEC. 388I. TECHNICAL ASSISTANCE FOR FARM- ‘‘(ii) how changes in soil carbon pools in soils ‘‘(3) ELIGIBLE CONSORTIUM PARTICIPANTS.— ERS AND RANCHERS TO DEVELOP and plants (including trees) are cost-effectively Entities eligible to participate in a consortium RENEWABLE ENERGY RESOURCES. measured, monitored, and verified; and include— ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(iii) how public programs and private market ‘‘(A) a college or university or a research through the Cooperative State Research, Edu- approaches can be devised to incorporate carbon foundation maintained by a college or univer- cation, and Extension Service in consultation sequestration in a broader societal greenhouse sity; with the Natural Resources Conservation Serv- gas emission reduction effort; ‘‘(B) a private research institution; ice, regional biomass programs under the De- ‘‘(B) develop methods for establishing base- ‘‘(C) a State agency; partment of Energy, and other entities as appro- lines for measuring the quantities of carbon and ‘‘(D) an Indian tribe (as defined in section 4 priate, may provide for education and technical other greenhouse gases sequestered; and of the Indian Self-Determination and Education assistance to farmers and ranchers for the devel- ‘‘(C) evaluate leakage, performance, and per- Assistance Act (25 U.S.C. 450b)); opment and marketing of renewable energy re- manence issues. ‘‘(E) an agency of the Department of Agri- sources. ‘‘(2) REQUIREMENTS.—To the maximum extent culture; ‘‘(b) ADMINISTRATIVE EXPENSES.—The Sec- practicable, applied research under paragraph ‘‘(F) a research center of the National Aero- retary may retain up to 4 percent of the (1) shall— nautics and Space Administration, the Depart- amounts made available for each fiscal year to ‘‘(A) use existing technologies and methods; ment of Energy, or any other Federal agency; carry out this section to pay administrative ex- and ‘‘(G) an agricultural business or organization penses incurred in carrying out this section. ‘‘(B) provide methodologies that are accessible with demonstrated expertise in areas covered by ‘‘CHAPTER 3—CARBON SEQUESTRATION to a nontechnical audience. this section; and ‘‘(3) MINIMIZATION OF ADVERSE ENVIRON- ‘‘(H) a representative of the private sector RESEARCH, DEVELOPMENT, AND DEM- MENTAL IMPACTS.—All applied research under with demonstrated expertise in the areas. ONSTRATION PROGRAM paragraph (1) shall be conducted with an em- ‘‘(4) RESERVATION OF FUNDING.—If the Sec- ‘‘SEC. 388J. RESEARCH. phasis on minimizing adverse environmental im- retary designates 1 or 2 consortia, the Secretary ‘‘(a) BASIC RESEARCH.— pacts. shall reserve for research projects carried out by ‘‘(1) IN GENERAL.—Subject to the availability ‘‘(4) NATURAL RESOURCES AND THE ENVIRON- the consortium or consortia not more than 25 of appropriations, the Secretary shall carry out MENT.—The Secretary, acting through the Nat- percent of the amounts made available to carry research to promote understanding of— ural Resources Conservation Service and the out this section for a fiscal year. ‘‘(A) the net sequestration of organic carbon Forest Service, shall collaborate with other Fed- ‘‘(d) STANDARDS FOR MEASURING CARBON AND in soils and plants (including trees); and eral agencies in developing new measuring tech- OTHER GREENHOUSE GAS CONTENT.— ‘‘(B) net emissions of other greenhouse gases niques and equipment or adapting existing tech- ‘‘(1) CONFERENCE.—Not later than 3 years from agriculture. niques and equipment to enable cost-effective after the date of enactment of this subtitle, the ‘‘(2) AGRICULTURAL RESEARCH SERVICE.—The and accurate monitoring and verification, for a Secretary shall convene a conference of key sci- Secretary, acting through the Agricultural Re- wide range of agricultural and forestry prac- entific experts on carbon sequestration from var- search Service, shall collaborate with other Fed- tices, of— ious sectors (including the government, aca- eral agencies in developing data and carrying ‘‘(A) changes in carbon content in soils and demic, and private sectors) to— out research addressing carbon losses and gains plants (including trees); and ‘‘(A) discuss benchmark standards for meas- in soils and plants (including trees) and net ‘‘(B) net emissions of other greenhouse gases. uring the carbon content of soils and plants (in- emissions of methane and nitrous oxide from ‘‘(5) COOPERATIVE STATE RESEARCH, EDU- cluding trees) and net emissions of other green- cultivation and animal management activities. CATION, AND EXTENSION SERVICE.— house gases; ‘‘(3) COOPERATIVE STATE RESEARCH, EDU- ‘‘(A) IN GENERAL.—The Secretary, acting ‘‘(B) propose techniques and modeling ap- CATION, AND EXTENSION SERVICE.— through the Cooperative State Research, Edu- proaches for measuring carbon content with a

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level of precision that is agreed on by the par- conjunction with applied research projects ‘‘(1) RENEWABLE ENERGY.—The term ‘renew- ticipants in the conference; and under section 388J(b) until benchmark measure- able energy’ means energy derived from a wind, ‘‘(C) evaluate results of analyses on baseline, ment and assessment standards are established solar, biomass, geothermal, or hydrogen source. permanence, and leakage issues. under section 388J(d). ‘‘(2) RURAL AREA.—The term ‘rural area’ in- ‘‘(2) DEVELOPMENT OF BENCHMARK STAND- ‘‘(b) OUTREACH.— cludes any area that is not within the bound- ARDS.— ‘‘(1) IN GENERAL.—The Secretary, acting aries of— ‘‘(A) IN GENERAL.—The Secretary shall de- through the Cooperative State Research, Edu- ‘‘(A) a city, town, village, or borough having velop benchmark standards for measuring the cation, and Extension Service, shall widely dis- a population of more than 20,000; or carbon content of soils and plants (including seminate information about the economic and ‘‘(B) an urbanized area (as determined by the trees) based on— environmental benefits that can be generated by Secretary). ‘‘(i) information from the conference under adoption of conservation practices that increase ‘‘(b) LOANS, LOAN GUARANTEES, AND paragraph (1); sequestration of carbon and reduce emissions of GRANTS.—The Secretary shall make loans, loan ‘‘(ii) research conducted under this section; other greenhouse gases. guarantees, and grants to rural electric coopera- and ‘‘(2) PROJECT RESULTS.—The Secretary, acting tives and other rural electric utilities (as deter- ‘‘(iii) other information available to the Sec- through the Cooperative State Research, Edu- mined by the Secretary) to promote the develop- retary. cation, and Extension Service, shall provide for ment of economically and environmentally sus- ‘‘(B) OPPORTUNITY FOR PUBLIC COMMENT.— the dissemination to farmers, ranchers, private tainable renewable energy projects to serve the The Secretary shall provide an opportunity for forest landowners, and appropriate State agen- needs of rural communities or for rural economic the public to comment on the benchmark stand- cies in each State of information concerning— development. ards developed under subparagraph (A). ‘‘(A) the results of demonstration projects ‘‘(c) INTEREST RATE.—A loan made or guaran- ‘‘(3) REPORT.—Not later than 180 days after under subsection (a)(2); and teed under subsection (b) shall bear interest at the conclusion of the conference under para- ‘‘(B) the manner in which the methods dem- a rate not exceeding 4 percent. graph (1), the Secretary shall submit to the onstrated in the projects might be applicable to ‘‘(d) USE OF FUNDS.— Committee on Agriculture of the House of Rep- the operations of the farmers, ranchers, private ‘‘(1) GRANTS.—A recipient of a grant under resentatives and the Committee on Agriculture, forest landowners, and State agencies. subsection (a) may use the grant funds to pay Nutrition, and Forestry of the Senate a report ‘‘(3) POLICY OUTREACH.—The Secretary, act- up to 75 percent of the cost of an economic feasi- on the results of the conference. ing through the Cooperative State Research, bility study or technical assistance for a renew- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Education, and Extension Service, shall dissemi- able energy project. ‘‘(1) IN GENERAL.—There is authorized to be nate information on the connection between ‘‘(2) LOANS.—If a renewable energy project is appropriated to carry out this section $25,000,000 global climate change mitigation strategies and determined to be economically feasible, a recipi- for each of fiscal years 2002 through 2006. agriculture and forestry, so that farmers, ranch- ent of a loan or loan guarantee under sub- ‘‘(2) ALLOCATION.— ers, private forest landowners, and State agen- section (a) may use the loan funds to pay a per- ‘‘(A) IN GENERAL.—Of the amounts made cies may better understand the global implica- centage of the cost of the project determined by available to carry out this section for a fiscal tions of the activities of the farmers, ranchers, the Secretary. year, at least 50 percent shall be allocated for private forest landowners, and State agencies. ‘‘(e) FUNDING.— competitive grants by the Cooperative State Re- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—Not later than 30 days after search, Education, and Extension Service. ‘‘(1) IN GENERAL.—There is authorized to be the date of enactment of this section, and on ‘‘(B) ADMINISTRATIVE EXPENSES.—The Sec- appropriated to carry out this section $10,000,000 October 1, 2002, and each October 1 thereafter retary may retain up to 4 percent of the for each of fiscal years 2002 through 2006. through October 1, 2005, out of any funds in the amounts made available for each fiscal year to ‘‘(2) ALLOCATION.—Of the amounts made Treasury not otherwise appropriated, the Sec- carry out this section to pay administrative ex- available to carry out this section for a fiscal retary of the Treasury shall transfer to the Sec- penses incurred in carrying out this section. year, at least 50 percent shall be allocated for retary to carry out this section $9,000,000, to re- ‘‘SEC. 388K. DEMONSTRATION PROJECTS AND demonstration projects under subsection main available until expended. OUTREACH. (a)(2).’’. ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(a) DEMONSTRATION PROJECTS.— SEC. 903. BIOMASS RESEARCH AND DEVELOP- retary shall be entitled to receive, shall accept, ‘‘(1) DEVELOPMENT OF MONITORING PRO- MENT ACT OF 2000. and shall use to carry out this section the funds GRAMS.— (a) FUNDING.—The Biomass Research and De- transferred under paragraph (1), without fur- ‘‘(A) IN GENERAL.—The Secretary, in coopera- velopment Act of 2000 (7 U.S.C. 7624 note; Public ther appropriation. tion with local extension agents, experts from Law 106–224) is amended— ‘‘(3) LOAN AND INTEREST SUBSIDIES.—In the land grant universities, and other local agricul- (1) in section 307, by striking subsection (f); case of a loan or loan guarantee under sub- tural or conservation organizations, shall de- (2) by redesignating section 310 as section 311; section (a), the Secretary shall use funds under velop user-friendly programs that combine meas- and paragraph (1) to pay the cost of loan and inter- urement tools and modeling techniques into in- (3) by inserting after section 309 the following: est subsidies necessary to carry out this sec- tegrated packages to monitor the carbon seques- ‘‘SEC. 310. FUNDING. tion.’’. tering benefits of conservation practices and net ‘‘(a) TRANSFERS BY THE SECRETARY OF THE SEC. 905. CARBON SEQUESTRATION DEMONSTRA- changes in greenhouse gas emissions. TREASURY.— TION PROGRAM. ‘‘(B) BENCHMARK LEVELS OF PRECISION.—The ‘‘(1) IN GENERAL.—Not later than 30 days (a) FINDINGS.—Congress finds that— Secretary shall administer programs developed after the date of enactment of this subsection, (1) greenhouse gas emissions resulting from under subparagraph (A) in a manner that and on October 1, 2002, and each October 1 human activity present potential risks and po- achieves, to the maximum extent practicable, thereafter through October 1, 2005, out of any tential opportunities for agricultural and for- benchmark levels of precision in the measure- funds in the Treasury not otherwise appro- estry production; ment, in a cost-effective manner, of benefits and priated, the Secretary of the Treasury shall (2) there is a need to identify cost-effective changes described in subparagraph (A). transfer to the Secretary to carry out this title methods that can be used in the agricultural ‘‘(2) PROJECTS.— $15,000,000, to remain available until expended. and forestry sectors to reduce the threat of cli- ‘‘(A) IN GENERAL.—The Secretary shall estab- ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec- mate change; lish a program under which the monitoring pro- retary shall be entitled to receive, shall accept, (3) deforestation and other land use changes grams developed under paragraph (1) are used and shall use to carry out this title the funds account for approximately 1,600,000,000 of the in projects to demonstrate the feasibility of transferred under paragraph (1), without fur- 7,900,000,000 metric tons of the average annual methods of measuring, verifying, and ther appropriation. worldwide quantity of carbon emitted during monitoring— ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In the 1990s; ‘‘(i) changes in organic carbon content and addition to amounts transferred under sub- (4) ocean and terrestrial systems each seques- other carbon pools in soils and plants (including section (a), there are authorized to be appro- tered approximately 2,300,000,000 metric tons of trees); and priated to carry out this title $49,000,000 for carbon annually, resulting in a sequestration of ‘‘(ii) net changes in emissions of other green- each of fiscal years 2002 through 2006.’’. 60 percent of the annual human-induced emis- house gases. (b) TERMINATION OF AUTHORITY.—Section 311 sions of carbon during the 1990s; ‘‘(B) EVALUATION OF IMPLICATIONS.—The of the Biomass Research and Development Act (5) there are opportunities for increasing the projects under subparagraph (A) shall include of 2000 (7 U.S.C. 7624 note; Public Law 106–224) quantity of carbon that can be stored in terres- evaluation of the implications for reassessed (as redesignated by subsection (a)) is amended trial systems through improved, human-induced baselines, carbon or other greenhouse gas leak- by striking ‘‘December 31, 2005’’ and inserting agricultural and forestry practices; age, and the permanence of sequestration. ‘‘September 30, 2006’’. (6) increasing the carbon content of soil helps ‘‘(C) SUBMISSION OF PROPOSALS.—Proposals SEC. 904. RURAL ELECTRIFICATION ACT OF 1936. to reduce erosion, reduce flooding, minimize the for projects under subparagraph (A) shall be Title I of the Rural Electrification Act of 1936 effects of drought, prevent nutrients and pes- submitted by the appropriate agency of each (7 U.S.C. 901 et seq.) is amended by adding at ticides from washing into water bodies, and con- State, in consultation with interested local juris- the end the following: tribute to water infiltration, air and water hold- dictions and State agricultural and conservation ‘‘SEC. 20. FINANCIAL AND TECHNICAL ASSIST- ing capacity, and good seed germination and organizations. ANCE FOR RENEWABLE ENERGY plant growth; ‘‘(D) LIMITATION.—Not more than 10 projects PROJECTS. (7) tree planting and wetland restoration under subparagraph (A) may be approved in ‘‘(a) DEFINITIONS.—In this section: could play a major role in sequestering carbon

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00134 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.021 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1113 and reducing greenhouse gas concentrations in ‘‘(i) the likelihood of the eligible project in (1) Congress supports and encourages adop- the atmosphere; succeeding in achieving greenhouse gas emis- tion of a national renewable fuels program, (8) nitrogen management is a cost-effective sions reductions and net carbon sequestration under which the motor vehicle fuel placed into method of addressing nutrient overenrichment increases; and commerce by a refiner, blender, or importer shall in the estuaries of the United States and of re- ‘‘(ii) the usefulness of the information to be be composed of renewable fuel measured accord- ducing emissions of nitrous oxide; obtained from the eligible project in determining ing to a statutory formula for specified calendar (9) animal feed and waste management can be how best to quantify, monitor, and verify se- years; and cost-effective methods to address water quality questered carbon or reductions in greenhouse (2) the Secretary of Agriculture should ensure issues and reduce emissions of methane; and gas emissions. that the policies and programs of the Depart- (10) there is a need to— ‘‘(B) ELIGIBILITY CRITERIA.—To be eligible for ment of Agriculture promote the production of (A) demonstrate that carbon sequestration in a grant under paragraph (1), a project shall (as fuels from renewable fuel sources. soils, plants, and forests and reductions in determined by the Secretary)— SEC. 907. SENSE OF CONGRESS CONCERNING THE greenhouse gas emissions through nitrogen and ‘‘(i) be designed to— BIOENERGY PROGRAM OF THE DE- animal feed and waste management can be ‘‘(I) achieve long-term sequestration of carbon PARTMENT OF AGRICULTURE. measured and verified; and or long-term reductions in greenhouse gas emis- It is the sense of Congress that— (B) develop and refine quantification, sions; (1) ethanol and biofuel production capacity verification, and auditing methodologies for car- ‘‘(II) address concerns regarding leakage and will be needed to phase out the use of methyl bon sequestration and greenhouse gas emission permanence; or tertiary butyl ether in gasoline and the depend- reductions on a project by project basis. ‘‘(III) promote additionality; and ence of the United States on foreign oil; and (b) PROGRAM.—Title IV of the Agricultural ‘‘(ii) not involve— (2) the bioenergy program of the Department Research, Extension, and Education Reform Act ‘‘(I) the reforestation of land that has been of Agriculture under part 1424 of title 7, Code of of 1998 (7 U.S.C. 7621 et seq.) (as amended by deforested since 1990; or Federal Regulations, should be continued and ‘‘(II) the conversion of native grassland. section 750) is amended by adding at the end the expanded. ‘‘(C) PRIORITY CRITERIA.—The Secretary shall following: give priority in awarding a grant under para- TITLE X—MISCELLANEOUS ‘‘SEC. 412. CARBON SEQUESTRATION DEM- graph (1) to an eligible project that— Subtitle A—Country of Origin and Quality ONSTRATION PROGRAM. ‘‘(i) involves multiple parties, a whole farm Grade Labeling ‘‘(a) DEFINITIONS.—In this section: approach, or any other approach, such as the SEC. 1001. COUNTRY OF ORIGIN LABELING. ‘‘(1) ELIGIBLE PROJECT.—The term ‘eligible aggregation of land areas, that would— The Agricultural Marketing Act of 1946 (7 project’ means a project that is likely to result ‘‘(I) increase the environmental benefits or re- in— U.S.C. 1621 et seq.) is amended by adding at the duce the transaction costs of the eligible project; end the following: ‘‘(A) demonstrable reductions in net emissions and of greenhouse gases; or ‘‘(II) reduce the costs of measuring, moni- ‘‘Subtitle D—Country of Origin Labeling ‘‘(B) demonstrable net increases in the quan- toring, and verifying any net sequestration of ‘‘SEC. 281. DEFINITIONS. tity of carbon sequestered in soils and forests. carbon or net reduction in greenhouse gas emis- ‘‘In this subtitle: ‘‘(2) ENVIRONMENTAL TRADE.—The term ‘envi- sions; and ‘‘(1) BEEF.—The term ‘beef’ means meat pro- ronmental trade’ means a transaction between ‘‘(ii) provides certain benefits, such as im- duced from cattle (including veal). an emitter of a greenhouse gas and an agricul- provements in— ‘‘(2) COVERED COMMODITY.— tural producer or farmer-owned cooperative ‘‘(I) soil fertility; ‘‘(A) IN GENERAL.—The term ‘covered com- under which the emitter pays to the agricultural ‘‘(II) wildlife habitat; modity’ means— producer or farmer-owned cooperative a fee to ‘‘(III) water quality; ‘‘(i) muscle cuts of beef, lamb, and pork; sequester carbon or otherwise reduce emissions ‘‘(IV) soil erosion management; ‘‘(ii) ground beef, ground lamb, and ground of greenhouse gases. ‘‘(V) the use of renewable resources to pork; ‘‘(3) PANEL.—The term ‘panel’ means the produce energy; ‘‘(iii) farm-raised fish; panel of experts established under subsection ‘‘(VI) the avoidance of ecosystem fragmenta- ‘‘(iv) wild fish; (b)(4)(A). tion; and ‘‘(v) a perishable agricultural commodity; and ‘‘(4) SECRETARY.—The term ‘Secretary’ means ‘‘(VII) the promotion of ecosystem restoration ‘‘(vi) peanuts. the Secretary of Agriculture, acting in consulta- with native species. ‘‘(B) EXCLUSIONS.—The term ‘covered com- tion with— ‘‘(4) PANEL.— modity’ does not include— ‘‘(A) the Under Secretary of Agriculture for ‘‘(A) IN GENERAL.—The Secretary shall estab- ‘‘(i) processed beef, lamb, and pork food items; Natural Resources and Environment; lish a panel to provide advice and recommenda- and ‘‘(B) the Under Secretary of Agriculture for tions to the Secretary with respect to criteria for ‘‘(ii) frozen entrees containing beef, lamb, and Research, Education, and Economics; awarding grants under this subsection. pork. ‘‘(C) the Chief Economist of the Department; ‘‘(B) COMPOSITION.—The panel shall be com- ‘‘(3) FARM-RAISED FISH.—The term ‘farm- and posed of the following representatives, to be ap- raised fish’ includes— ‘‘(D) the panel. pointed by the Secretary: ‘‘(A) farm-raised shellfish; and ‘‘(b) DEMONSTRATION PROGRAM.— ‘‘(i) Experts from each of— ‘‘(B) fillets, steaks, nuggets, and any other ‘‘(I) the Department; ‘‘(1) ESTABLISHMENT.—Subject to the avail- flesh from a farm-raised fish or shellfish. ‘‘(II) the Environmental Protection Agency; ability of appropriations, the Secretary shall es- ‘‘(4) FOOD SERVICE ESTABLISHMENT.—The term and tablish a program to provide grants, on a com- ‘food service establishment’ means a restaurant, ‘‘(III) the Department of Energy. petitive, cost-shared basis, to agricultural pro- ‘‘(ii) Experts from nongovernmental and aca- cafeteria, lunch room, food stand, saloon, tav- ducers, non-industrial private forest owners and demic entities. ern, bar, lounge, or other similar facility oper- farmer-owned cooperatives, to assist in paying ‘‘(5) PAYMENT OF GRANT FUNDS.—The Sec- ated as an enterprise engaged in the business of the costs incurred in measuring, estimating, retary shall provide a grant awarded under this selling food to the public. monitoring, verifying, auditing, and testing section in such number of installments as is nec- ‘‘(5) LAMB.—The term ‘lamb’ means meat, methodologies involved in environmental trades essary to ensure proper implementation of an el- other than mutton, produced from sheep. (including costs incurred in employing certified igible project. ‘‘(6) PERISHABLE AGRICULTURAL COMMODITY; independent third persons to carry out those ac- ‘‘(c) DISSEMINATION OF INFORMATION.—As RETAILER.—The terms ‘perishable agricultural tivities). soon as practicable after the date of enactment commodity’ and ‘retailer’ have the meanings ‘‘(2) CONDITIONS FOR RECEIPT OF GRANT.—As a of this section, the Secretary shall establish an given the terms in section 1(b) of the Perishable condition of the acceptance of a grant under Internet site through which agricultural pro- Agricultural Commodities Act, 1930 (7 U.S.C. paragraph (1), an agricultural producer, non- ducers, non-industrial private forest owners and 499a(b)). industrial forest owner and farmer-owned co- farmer-owned cooperatives may obtain informa- ‘‘(7) PORK.—The term ‘pork’ means meat pro- operatives shall— tion concerning— duced from hogs. ‘‘(A) establish a carbon and greenhouse gas ‘‘(1) potential environmental trades; and ‘‘(8) SECRETARY.—The term ‘Secretary’ means monitoring, verification, and reporting system ‘‘(2) activities of the Secretary under this sec- the Secretary of Agriculture, acting through the that meets such requirements as the Secretary tion. Agricultural Marketing Service. shall prescribe; and ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(9) WILD FISH.— ‘‘(B) under the system and through the use of There is authorized to be appropriated to carry ‘‘(A) IN GENERAL.—The term ‘wild fish’ means an independent third party for any necessary out this section $20,000,000 for each of fiscal naturally-born or hatchery-raised fish and monitoring, verifying, reporting, and auditing, years 2002 through 2006, of which $1,000,000 for shellfish harvested in the wild. measure and report to the Secretary the quan- each of fiscal years 2002 through 2006 shall be ‘‘(B) INCLUSIONS.—The term ‘wild fish’ in- tity of carbon sequestered, or the quantity of made available to carry out farmer-owned coop- cludes a fillet, steak, nugget, and any other greenhouse gas emissions reduced, as a result of erative carbon environmental trade pilot flesh from wild fish or shellfish. the conduct of an eligible project. projects, in accordance with this section.’’. ‘‘(C) EXCLUSIONS.—The term ‘wild fish’ ex- cludes net-pen aquacultural or other farm- ‘‘(3) CRITERIA FOR AWARD OF GRANT.— SEC. 906. SENSE OF CONGRESS CONCERNING NA- ‘‘(A) IN GENERAL.—In awarding a grant for an TIONAL RENEWABLE FUELS STAND- raised fish. eligible project under paragraph (1), the Sec- ARD. ‘‘SEC. 282. NOTICE OF COUNTRY OF ORIGIN. retary shall take into consideration— It is the sense of Congress that— ‘‘(a) IN GENERAL.—

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‘‘(1) REQUIREMENT.—Except as provided in section 203 of the Agricultural Trade Act of 1978 ‘‘(B) PROCEDURES.—Effective beginning not subsection (b), a retailer of a covered commodity (7 U.S.C. 5623). later than the 2003 reinsurance year, based on’’. shall inform consumers, at the final point of ‘‘SEC. 283. ENFORCEMENT. SEC. 1014. CONSERVATION REQUIREMENTS. sale of the covered commodity to consumers, of ‘‘(a) IN GENERAL.—Except as provided in sub- (a) HIGHLY ERODIBLE LAND CONSERVATION.— the country of origin of the covered commodity. section (b), section 253 shall apply to a violation Section 1211(1) of the Food Security Act of 1985 ‘‘(2) UNITED STATES COUNTRY OF ORIGIN.—A of this subtitle. (16 U.S.C. 3811(1)) is amended— retailer of a covered commodity may designate ‘‘(b) WARNINGS.—If the Secretary determines (1) in subparagraph (A), by striking ‘‘produc- the covered commodity as having a United that a retailer is in violation of section 282, the tion flexibility’’; States country of origin only if the covered Secretary shall— (2) by redesignating subparagraphs (C) and commodity— ‘‘(1) notify the retailer of the determination of (D) as subparagraphs (D) and (E), respectively; ‘‘(A) in the case of beef, lamb, and pork, is ex- the Secretary; and and clusively from an animal that is exclusively ‘‘(2) provide the retailer a 30-day period, be- (3) by inserting after subparagraph (B) the born, raised, and slaughtered in the United ginning on the date on which the retailer re- following: States; ceives the notice under paragraph (1) from the ‘‘(C) an indemnity payment under the Federal ‘‘(B) in the case of farm-raised fish, is Secretary, during which the retailer may take Crop Insurance Act (7 U.S.C. 1501 et seq.);’’. hatched, raised, harvested, and processed in the necessary steps to comply with section 282. (b) WETLAND CONSERVATION.—Section 1221(b) United States; ‘‘(c) FINES.—If, on completion of the 30-day of the Food Security Act of 1985 (16 U.S.C. ‘‘(C) in the case of wild fish, is— period described in subsection (c)(2), the Sec- 3821(b)) is amended— ‘‘(i) harvested in waters of the United States, retary determines that the retailer has willfully (1) in paragraph (1), by striking ‘‘production a territory of the United States, or a State; and violated section 282, after providing notice and flexibility’’; ‘‘(ii) processed in the United States, a terri- an opportunity for a hearing before the Sec- (2) by redesignating paragraphs (2) and (3) as tory of the United States, or a State, including retary with respect to the violation, the Sec- paragraphs (5) and (6), respectively; and the waters thereof; and retary may fine the retailer in an amount deter- (3) by inserting after paragraph (1) the fol- ‘‘(D) in the case of a perishable agricultural mined by the Secretary. lowing: commodities or peanut, is exclusively produced ‘‘(2) A farm storage facility loan made under in the United States. ‘‘SEC. 284. REGULATIONS. section 4(h) of the Commodity Credit Corpora- ‘‘(3) WILD FISH AND FARM-RAISED FISH.—The ‘‘(a) IN GENERAL.—The Secretary may promul- tion Charter Act (15 U.S.C. 714b(h)). notice of country of origin for wild fish and gate such regulations as are necessary to carry ‘‘(3) A disaster payment. farm-raised fish shall distinguish between wild out this subtitle. ‘‘(4) An indemnity payment under the Federal fish and farm-raised fish. ‘‘(b) PARTNERSHIPS WITH STATES.—In promul- Crop Insurance Act (7 U.S.C. 1501 et seq.).’’. ‘‘(b) EXEMPTION FOR FOOD SERVICE ESTAB- gating the regulations, the Secretary shall, to (c) CONTROLLED SUBSTANCES PRODUCTION LISHMENTS.—Subsection (a) shall not apply to a the maximum extent practicable, enter into part- CONTROL.—Section 519(b) of the Controlled Sub- covered commodity if the covered commodity is— nerships with States with enforcement infra- stances Act (21 U.S.C. 889(b)) is amended— ‘‘(1) prepared or served in a food service estab- structure to carry out this subtitle. (1) in paragraph (1)— lishment; and ‘‘SEC. 285. APPLICATION. (A) by striking subparagraph (A) and insert- ‘‘(2)(A) offered for sale or sold at the food ‘‘This subtitle shall apply to the retail sale of ing the following: service establishment in normal retail quantities; a covered commodity beginning on the date that ‘‘(A) contract payments under a contract, or is 180 days after the date of the enactment of marketing assistance loans, and any type of ‘‘(B) served to consumers at the food service this subtitle.’’. price support or payment made available under establishment. SEC. 1002. QUALITY GRADE LABELING OF IM- the Agricultural Market Transition Act (7 ‘‘(c) METHOD OF NOTIFICATION.— PORTED MEAT AND MEAT FOOD U.S.C. 7201 et seq.), the Commodity Credit Cor- ‘‘(1) IN GENERAL.—The information required PRODUCTS. poration Charter Act (15 U.S.C. 714 et seq.), or by subsection (a) may be provided to consumers The Agricultural Marketing Act of 1946 (7 any other Act;’’; by means of a label, stamp, mark, placard, or U.S.C. 1621 et seq.) (as amended by section 1001) (B) by striking subparagraphs (C) and (D) other clear and visible sign on the covered com- is amended by adding at the end the following: and inserting the following: modity or on the package, display, holding unit, ‘‘(C) an indemnity payment under the Federal ‘‘Subtitle E—Commodity-Specific Grading Crop Insurance Act (7 U.S.C. 1501 et seq.); or bin containing the commodity at the final Standards point of sale to consumers. ‘‘(D) a disaster payment; or’’; ‘‘(2) LABELED COMMODITIES.—If the covered ‘‘SEC. 291. DEFINITION OF SECRETARY. (2) in paragraph (2), by striking the period at commodity is already individually labeled for re- ‘‘In this subtitle, the term ‘Secretary’ means the end and inserting ‘‘; or’’; and tail sale regarding country of origin, the retailer the Secretary of Agriculture. (3) by adding at the end the following: shall not be required to provide any additional ‘‘SEC. 292. QUALITY GRADE LABELING OF IM- ‘‘(3) during the crop year— ‘‘(A) a payment made pursuant to a contract information to comply with this section. PORTED MEAT AND MEAT FOOD entered into under the environmental quality ‘‘(d) AUDIT VERIFICATION SYSTEM.—The Sec- PRODUCTS. retary may require that any person that pre- ‘‘An imported carcass, part thereof, meat, or incentives program under chapter 4 of subtitle D pares, stores, handles, or distributes a covered meat food product (as defined by the Secretary) of title XII of the Food Security Act of 1985 (16 commodity for retail sale maintain a verifiable shall not bear a label that indicates a quality U.S.C. 3839aa et seq.); ‘‘(B) a payment under any other provision of recordkeeping audit trail that will permit the grade issued by the Secretary. subtitle D of title XII of that Act (16 U.S.C. 3830 Secretary to ensure compliance with the regula- ‘‘SEC. 293. REGULATIONS. et seq.); tions promulgated under section 284. ‘‘The Secretary shall promulgate such regula- ‘‘(C) a payment under section 401 or 402 of the ‘‘(e) INFORMATION.—Any person engaged in tions as are necessary to ensure compliance Agricultural Credit Act of 1978 (16 U.S.C. 2201, the business of supplying a covered commodity with, and otherwise carry out, this subtitle.’’. 2202); or to a retailer shall provide information to the re- Subtitle B—Crop Insurance ‘‘(D) a payment, loan, or other assistance tailer indicating the country of origin of the under section 3 or 8 of the Watershed Protection covered commodity. SEC. 1011. EQUAL CROP INSURANCE TREATMENT OF POTATOES AND SWEET POTA- and Flood Prevention Act (16 U.S.C. 1003 and ‘‘(f) CERTIFICATION OF ORIGIN.— TOES. 1006a).’’. ‘‘(1) MANDATORY IDENTIFICATION.—The Sec- Section 508(a)(2) of the Federal Crop Insur- retary shall not use a mandatory identification Subtitle C—Animal Health Protection ance Act (7 U.S.C. 1508(a)(2)) is amended in the system to verify the country of origin of a cov- SEC. 1021. SHORT TITLE. first sentence by striking ‘‘and potatoes’’ and ered commodity. This subtitle may be cited as the ‘‘Animal inserting ‘‘, potatoes, and sweet potatoes’’. ‘‘(2) EXISTING CERTIFICATION PROGRAMS.—To Health Protection Act’’. SEC. 1012. CONTINUOUS COVERAGE. certify the country of origin of a covered com- SEC. 1022. FINDINGS. modity, the Secretary may use as a model cer- Section 508(e)(4) of the Federal Crop Insur- Congress finds that— tification programs in existence on the date of ance Act (7 U.S.C. 1508(e)(4)) is amended— (1) the prevention, detection, control, and enactment of this Act, including— (1) in the paragraph heading, by striking eradication of diseases and pests of animals are ‘‘(A) the carcass grading and certification sys- ‘‘TEMPORARY PROHIBITION’’ and inserting ‘‘PRO- essential to protect— tem carried out under this Act; HIBITION’’; and (A) animal health; ‘‘(B) the voluntary country of origin beef la- (2) by striking ‘‘through 2005’’ and inserting (B) the health and welfare of the people of the beling system carried out under this Act; ‘‘and subsequent’’. United States; ‘‘(C) voluntary programs established to certify SEC. 1013. QUALITY LOSS ADJUSTMENT PROCE- (C) the economic interests of the livestock and certain premium beef cuts; DURES. related industries of the United States; ‘‘(D) the origin verification system established Section 508(m)(3) of the Federal Crop Insur- (D) the environment of the United States; and to carry out the child and adult care food pro- ance Act (7 U.S.C. 1508(m)(3)) is amended— (E) interstate commerce and foreign commerce gram established under section 17 of the Richard (1) by striking ‘‘The Corporation’’ and insert- of the United States in animals and other arti- B. Russell National School Lunch Act (42 U.S.C. ing the following: cles; 1766); or ‘‘(A) REVIEW.—The Corporation’’; and (2) animal diseases and pests are primarily ‘‘(E) the origin verification system established (2) by striking ‘‘Based on’’ and inserting the transmitted by animals and articles regulated to carry out the market access program under following: under this subtitle;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00136 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.022 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1115 (3) the health of animals is affected by the (F) An infectious agent or other pathogen. (i) take remedial action, destroy, or remove methods by which animals and articles are (G) An arthropod. from the United States the animal or progeny of transported in interstate commerce and foreign (H) A parasite. any animal, article, or means of conveyance as commerce; (I) A prion. authorized under paragraph (1); and (4) the Secretary must continue to conduct re- (J) A vector. (ii) recover from the owner the costs of any search on animal diseases and pests that con- (K) An animal. care, handling, disposal, or other action in- stitute a threat to the livestock of the United (L) Any organism similar to or allied with any curred by the Secretary in connection with the States; and of the organisms described in this paragraph. remedial action, destruction, or removal. (5)(A) all animals and articles regulated under (14) SECRETARY.—The term ‘‘Secretary’’ means SEC. 1025. EXPORTATION. the Secretary of Agriculture. this subtitle are in or affect interstate commerce (a) IN GENERAL.—The Secretary may prohibit (15) STATE.—The term ‘‘State’’ means any of or foreign commerce; and or restrict— the States, the District of Columbia, the Com- (B) regulation by the Secretary and coopera- (1) the exportation of any animal, article, or monwealth of Puerto Rico, Guam, the Common- tion by the Secretary with foreign countries, means of conveyance if the Secretary determines wealth of the Northern Mariana Islands, the States or other jurisdictions, or persons are that the prohibition or restriction is necessary to Virgin Islands of the United States, or any terri- necessary— prevent the dissemination from or within the tory or possession of the United States. (i) to prevent and eliminate burdens on inter- United States of any pest or disease of livestock; (16) THIS SUBTITLE.—Except when used in this state commerce and foreign commerce; (2) the exportation of any livestock if the Sec- section, the term ‘‘this subtitle’’ includes any (ii) to regulate effectively interstate commerce retary determines that the livestock is unfit to regulation or order issued by the Secretary and foreign commerce; and be moved; under the authority of this subtitle. (iii) to protect the agriculture, environment, (3) the use of any means of conveyance or fa- (17) UNITED STATES.—The term ‘‘United economy, and health and welfare of the people cility in connection with the exportation of any States’’ means all of the States. of the United States. animal or article if the Secretary determines SEC. 1024. RESTRICTION ON IMPORTATION OR SEC. 1023. DEFINITIONS. that the prohibition or restriction is necessary to ENTRY. In this subtitle: prevent the dissemination from or within the (a) IN GENERAL.—The Secretary may prohibit United States of any pest or disease of livestock; (1) ANIMAL.—The term ‘‘animal’’ means any or restrict— or member of the animal kingdom (except a (1) the importation or entry of any animal, ar- (4) the use of any means of conveyance in human). ticle, or means of conveyance, or use of any connection with the exportation of livestock if (2) ARTICLE.—The term ‘‘article’’ means any means of conveyance or facility, if the Secretary the Secretary determines that the prohibition or pest or disease or any material or tangible object determines that the prohibition or restriction is restriction is necessary because the means of that could harbor a pest or disease. necessary to prevent the introduction into or conveyance has not been maintained in a clean (3) DISEASE.—The term ‘‘disease’’ means— dissemination within the United States of any and sanitary condition or does not have accom- (A) any infectious or noninfectious disease or pest or disease of livestock; modations for the safe and proper movement condition affecting the health of livestock; or (2) the further movement of any animal that and humane treatment of livestock. (B) any condition detrimental to production of has strayed into the United States if the Sec- (b) REQUIREMENTS OF OWNERS.— livestock. retary determines that the prohibition or restric- (1) ORDERS TO DISINFECT.—The Secretary may (4) ENTER.—The term ‘‘enter’’ means to move tion is necessary to prevent the introduction require the disinfection of— into the commerce of the United States. into or dissemination within the United States (A) a means of conveyance used in connection (5) EXPORT.—The term ‘‘export’’ means to of any pest or disease of livestock; and with the exportation of an animal; move from a place within the territorial limits of (3) the use of any means of conveyance in (B) an individual involved in the exportation the United States to a place outside the terri- connection with the importation or entry of live- of an animal and personal articles of the indi- torial limits of the United States. stock if the Secretary determines that the prohi- vidual; and (6) FACILITY.—The term ‘‘facility’’ means any bition or restriction is necessary because the (C) any article used in the exportation of an structure. means of conveyance has not been maintained animal. (7) IMPORT.—The term ‘‘import’’ means to in a clean and sanitary condition or does not (2) FAILURE TO COMPLY WITH ORDERS.—If an move from a place outside the territorial limits have accommodations for the safe and proper owner fails to comply with an order of the Sec- of the United States to a place within the terri- movement of livestock. retary under this section, the Secretary may— torial limits of the United States. (b) REGULATIONS.—The Secretary may pro- (A) take remedial action with respect to the (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ mulgate regulations requiring that any animal animal, article, or means of conveyance referred has the meaning given the term in section 4 of imported or entered be raised or handled under to in paragraph (1); and the Indian Self-Determination and Education post-importation quarantine conditions by or (B) recover from the owner the costs of any Assistance Act (25 U.S.C. 450b). under the supervision of the Secretary for the care, handling, disposal, or other action in- (9) INTERSTATE COMMERCE.—The term ‘‘inter- purpose of determining whether the animal is or curred by the Secretary in connection with the state commerce’’ means trade, traffic, or other may be affected by any pest or disease of live- remedial action. commerce— stock. (c) CERTIFICATION.—The Secretary may certify (A) between a place in a State and a place in (c) DESTRUCTION OR REMOVAL.— the classification, quality, quantity, condition, another State, or between places within the (1) IN GENERAL.—The Secretary may order the processing, handling, or storage of any animal same State but through any place outside that destruction or removal from the United States or article intended for export. State; or of— (B) within the District of Columbia or any ter- (A) any animal, article, or means of convey- SEC. 1026. INTERSTATE MOVEMENT. ritory or possession of the United States. ance that has been imported but has not entered The Secretary may prohibit or restrict— (10) LIVESTOCK.—The term ‘‘livestock’’ means the United States if the Secretary determines (1) the movement in interstate commerce of all farm-raised animals. that destruction or removal from the United any animal, article, or means of conveyance if (11) MEANS OF CONVEYANCE.—The term States is necessary to prevent the introduction the Secretary determines that the prohibition or ‘‘means of conveyance’’ means any personal into or dissemination within the United States restriction is necessary to prevent the introduc- property used for or intended for use for the of any pest or disease of livestock; tion or dissemination of any pest or disease of movement of any other personal property. (B) any animal or progeny of any animal, ar- livestock; and (12) MOVE.—The term ‘‘move’’ means— ticle, or means of conveyance that has been im- (2) the use of any means of conveyance or fa- (A) to carry, enter, import, mail, ship, or ported or entered in violation of this subtitle; or cility in connection with the movement in inter- transport; (C) any animal that has strayed into the state commerce of any animal or article if the (B) to aid, abet, cause, or induce carrying, en- United States if the Secretary determines that Secretary determines that the prohibition or re- tering, importing, mailing, shipping, or trans- destruction or removal from the United States is striction is necessary to prevent the introduction porting; necessary to prevent the introduction into or or dissemination of any pest or disease of live- (C) to offer to carry, enter, import, mail, ship, dissemination within the United States of any stock. or transport; pest or disease of livestock. SEC. 1027. SEIZURE, QUARANTINE, AND DIS- (D) to receive in order to carry, enter, import, (2) REQUIREMENTS OF OWNERS.— POSAL. mail, ship, or transport; (A) ORDERS TO DISINFECT.—The Secretary (a) IN GENERAL.—The Secretary may hold, (E) to release into the environment; or may require the disinfection of— seize, quarantine, treat, destroy, dispose of, or (F) to allow any of the activities described in (i) a means of conveyance used in connection take other remedial action with respect to— this paragraph. with the importation of an animal; (1) any animal or progeny of any animal, arti- (13) PEST.—The term ‘‘pest’’ means any of the (ii) an individual involved in the importation cle, or means of conveyance that— following that can directly or indirectly injure, of an animal and personal articles of the indi- (A) is moving or has been moved in interstate cause damage to, or cause disease in livestock: vidual; and commerce or has been imported and entered; and (A) A protozoan. (iii) any article used in the importation of an (B) the Secretary has reason to believe may (B) A plant. animal. carry, may have carried, or may have been af- (C) A bacteria. (B) FAILURE TO COMPLY WITH ORDERS.—If an fected with or exposed to any pest or disease of (D) A fungus. owner fails to comply with an order of the Sec- livestock at the time of movement or that is oth- (E) A virus or viroid. retary under this section, the Secretary may— erwise in violation of this subtitle;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00137 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.022 pfrm01 PsN: S25PT1 S1116 CONGRESSIONAL RECORD — SENATE February 25, 2002 (2) any animal or progeny of any animal, arti- tion incurred by the Secretary in connection SEC. 1029. DETECTION, CONTROL, AND ERADI- cle, or means of conveyance that is moving or is with the seizure, quarantine, disposal, or other CATION OF DISEASES AND PESTS. being handled, or has moved or has been han- remedial action. (a) IN GENERAL.—The Secretary may carry dled, in interstate commerce in violation of this (d) COMPENSATION.— out operations and measures to detect, control, subtitle; (1) IN GENERAL.—Except as provided in para- or eradicate any pest or disease of livestock (in- (3) any animal or progeny of any animal, arti- graph (3), the Secretary shall compensate the cluding the drawing of blood and diagnostic cle, or means of conveyance that has been im- owner of any animal, article, facility, or means testing of animals), including animals at a ported, and is moving or is being handled or has of conveyance that the Secretary requires to be slaughterhouse, stockyard, or other point of moved or has been handled, in violation of this destroyed under this section. concentration. subtitle; or (2) AMOUNT.— (b) COMPENSATION.—The Secretary may pay a (4) any animal or progeny of any animal, arti- (A) IN GENERAL.—Subject to subparagraphs claim arising out of the destruction of any ani- cle, or means of conveyance that the Secretary (B) and (C), the compensation shall be based on mal, article, or means of conveyance consistent finds is not being maintained, or has not been the fair market value, as determined by the Sec- with the purposes of this subtitle. retary, of the destroyed animal, article, facility, maintained, in accordance with any post-impor- or means of conveyance. SEC. 1030. VETERINARY ACCREDITATION PRO- tation quarantine, post-importation condition, GRAM. (B) LIMITATION.—Compensation paid any post-movement quarantine, or post-movement owner under this subsection shall not exceed the (a) IN GENERAL.—The Secretary may establish condition in accordance with this subtitle. difference between— a veterinary accreditation program that is con- (b) EXTRAORDINARY EMERGENCIES.— (i) the fair market value of the destroyed ani- sistent with this subtitle, including the estab- (1) IN GENERAL.—Subject to paragraph (2), if mal, article, facility, or means of conveyance; lishment of standards of conduct for accredited the Secretary determines that an extraordinary and veterinarians. emergency exists because of the presence in the (ii) any compensation received by the owner (b) CONSULTATION.—The Secretary shall con- United States of a pest or disease of livestock from a State or other source for the destroyed sult with State animal health officials regarding and that the presence of the pest or disease animal, article, facility, or means of convey- the establishment of the veterinary accreditation threatens the livestock of the United States, the ance. program. Secretary may— (C) REVIEWABILITY OF DETERMINATION.—The SEC. 1031. COOPERATION. (A) hold, seize, treat, apply other remedial ac- determination by the Secretary of the amount to (a) IN GENERAL.—To carry out this subtitle, tions to, destroy (including preventative slaugh- be paid under this subsection shall be final and the Secretary may cooperate with other Federal ter), or otherwise dispose of, any animal, article, not subject to judicial review. agencies, States or political subdivisions of facility, or means of conveyance if the Secretary (3) EXCEPTIONS.—No payment shall be made States, national governments of foreign coun- determines the action is necessary to prevent the by the Secretary under this subsection for— tries, local governments of foreign countries, do- (A) any animal, article, facility, or means of dissemination of the pest or disease; and mestic or international organizations, domestic (B) prohibit or restrict the movement or use conveyance that has been moved or handled by or international associations, Indian tribes, and within a State, or any portion of a State of any the owner in violation of an agreement for the other persons. animal or article, means of conveyance, or facil- control and eradication of diseases or pests or in (b) RESPONSIBILITY.—The person or other en- ity if the Secretary determines that the prohibi- violation of this subtitle; tity cooperating with the Secretary shall be re- tion or restriction is necessary to prevent the (B) any progeny of any animal or article, sponsible for the authority necessary to carry dissemination of the pest or disease. which animal or article has been moved or han- out operations or measures— (2) STATE ACTION.— dled by the owner of the animal or article in vio- (1) on all land and property within a foreign (A) IN GENERAL.—The Secretary may take ac- lation of this subtitle; country or State, or under the jurisdiction of an tion in a State under this subsection only on (C) any animal, article, or means of convey- Indian tribe, other than on land and property finding that measures being taken by the State ance that is refused entry under this subtitle; or owned or controlled by the United States; and are inadequate to control or eradicate the pest (D) any animal, article, facility, or means of (2) using other facilities and means, as deter- or disease, after review and consultation with— conveyance that becomes or has become affected ‘‘(i) the Governor or an appropriate animal with or exposed to any pest or disease of live- mined by the Secretary. health official of the State; or stock because of a violation of an agreement for (c) SCREWWORMS.— ‘‘(ii) in the case of any animal, article, facil- the control and eradication of diseases or pests (1) IN GENERAL.—The Secretary may, inde- ity, or means of conveyance under the jurisdic- or a violation of this subtitle by the owner. pendently or in cooperation with national gov- tion of an Indian tribe, the head of the Indian SEC. 1028. INSPECTIONS, SEIZURES, AND WAR- ernments of foreign countries or international tribe. RANTS. organizations or associations, produce and sell (a) GUIDELINES.—The activities authorized by (B) NOTICE.—Subject to subparagraph (C), be- sterile screwworms to any national government fore any action is taken in a State under sub- this section shall be carried out consistent with of a foreign country or international organiza- paragraph (A), the Secretary shall— guidelines approved by the Attorney General. tion or association, if the Secretary determines (b) WARRANTLESS INSPECTIONS.—The Sec- (i) notify the Governor, an appropriate animal that the livestock industry and related indus- retary may stop and inspect, without a warrant, health official of the State, or head of the In- tries of the United States will not be adversely any person or means of conveyance moving— affected by the production and sale. dian tribe of the proposed action; (1) into the United States, to determine wheth- (ii) issue a public announcement of the pro- (2) PROCEEDS.— er the person or means of conveyance is car- (A) INDEPENDENT PRODUCTION AND SALE.—If posed action; and rying any animal or article regulated under this (iii) publish in the Federal Register— the Secretary independently produces and sells subtitle; (I) the findings of the Secretary; sterile screwworms under paragraph (1), the (2) in interstate commerce, on probable cause proceeds of the sale shall be— (II) a description of the proposed action; and to believe that the person or means of convey- (III) a statement of the reasons for the pro- (i) deposited into the Treasury of the United ance is carrying any animal or article regulated posed action. States; and under this subtitle; or (ii) credited to the account from which the op- (C) NOTICE AFTER ACTION.—If it is not prac- (3) in intrastate commerce from any State, or erating expenses of the facility producing the ticable to publish in the Federal Register the in- any portion of a State, quarantined under sec- sterile screwworms have been paid. formation required under subparagraph (B)(iii) tion 1027(b), on probable cause to believe that (B) COOPERATIVE PRODUCTION AND SALE.— before taking action under subparagraph (A), the person or means of conveyance is carrying (i) IN GENERAL.—If the Secretary cooperates to the Secretary shall publish the information as any animal or article quarantined under section produce and sell sterile screwworms under para- soon as practicable, but not later than 10 busi- 1027(b). graph (1), the proceeds of the sale shall be di- ness days, after commencement of the action. (c) INSPECTIONS WITH WARRANTS.— (c) QUARANTINE, DISPOSAL, OR OTHER REME- (1) IN GENERAL.—The Secretary may enter, vided between the United States and the cooper- DIAL ACTION.— with a warrant, any premises in the United ating national government or international or- (1) IN GENERAL.—The Secretary, in writing, States for the purpose of making inspections ganization or association in a manner deter- may order the owner of any animal, article, fa- and seizures under this subtitle. mined by the Secretary. cility, or means of conveyance referred to in (2) APPLICATION AND ISSUANCE OF WAR- (ii) ACCOUNT.—The United States portion of subsection (a) or (b) to maintain in quarantine, RANTS.— the proceeds shall be— dispose of, or take other remedial action with re- (A) IN GENERAL.—On proper oath or affirma- (I) deposited into the Treasury of the United spect to the animal, article, facility, or means of tion showing probable cause to believe that States; and conveyance, in a manner determined by the Sec- there is on certain premises any animal, article, (II) credited to the account from which the retary. facility, or means of conveyance regulated operating expenses of the facility producing the (2) FAILURE TO COMPLY WITH ORDERS.—If the under this subtitle, a United States judge, a sterile screwworms have been paid. owner fails to comply with the order of the Sec- judge of a court of record in the United States, (d) COOPERATION IN PROGRAM ADMINISTRA- retary, the Secretary may— or a United States magistrate judge may issue a TION.—The Secretary may cooperate with State (A) seize, quarantine, dispose of, or take other warrant for the entry on premises within the ju- authorities, Indian tribe authorities, or other remedial action with respect to the animal, arti- risdiction of the judge or magistrate to make persons in the administration of regulations for cle, facility, or means of conveyance under sub- any inspection or seizure under this subtitle. the improvement of livestock and livestock prod- section (a) or (b); and (B) EXECUTION.—The warrant may be applied ucts. (B) recover from the owner the costs of any for and executed by the Secretary or any United (e) CONSULTATION WITH OTHER FEDERAL care, handling, disposal, or other remedial ac- States marshal. AGENCIES.—

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(1) IN GENERAL.—The Secretary shall consult provided under this subtitle shall be guilty of a (e) GUIDELINES FOR CIVIL PENALTIES.—The with the head of a Federal agency with respect misdemeanor, and, on conviction, shall be fined Secretary shall coordinate with the Attorney to any activity that is under the jurisdiction of in accordance with title 18, United States Code, General to establish guidelines to determine the Federal agency. imprisoned not more than 1 year, or both. under what circumstances the Secretary may (2) LEAD AGENCY.—The Department of Agri- (b) CIVIL PENALTIES.— issue a civil penalty or suitable notice of warn- culture shall be the lead agency with respect to (1) IN GENERAL.—Any person that violates this ing in lieu of prosecution by the Attorney Gen- issues related to pests and diseases of livestock. subtitle, or that forges, counterfeits, or, without eral of a violation of this subtitle. SEC. 1032. REIMBURSABLE AGREEMENTS. authority from the Secretary, uses, alters, de- SEC. 1035. ENFORCEMENT. (a) AUTHORITY TO ENTER INTO AGREE- faces, or destroys any certificate, permit, or (a) COLLECTION OF INFORMATION.— MENTS.—The Secretary may enter into reimburs- other document provided under this subtitle (1) IN GENERAL.—The Secretary may gather able fee agreements with persons for may, after notice and opportunity for a hearing and compile information and conduct any in- preclearance of animals or articles at locations on the record, be assessed a civil penalty by the spection or investigation that the Secretary con- outside the United States for movement into the Secretary that does not exceed the greater of— siders to be necessary for the administration or United States. (A)(i) $50,000 in the case of any individual, ex- enforcement of this subtitle. (b) FUNDS COLLECTED FOR PRECLEARANCE.— cept that the civil penalty may not exceed $1,000 (2) SUBPOENAS.— Funds collected for preclearance activities in the case of an initial violation of this subtitle (A) IN GENERAL.—The Secretary shall have shall— by an individual moving regulated articles not power to issue a subpoena to compel the attend- (1) be credited to accounts that may be estab- for monetary gain; ance and testimony of any witness and the pro- lished by the Secretary for carrying out this sec- (ii) $250,000 in the case of any other person for duction of any documentary evidence relating to tion; and each violation; and the administration or enforcement of this sub- (2) remain available until expended for the (iii) $500,000 for all violations adjudicated in a title or any matter under investigation in con- preclearance activities, without fiscal year limi- single proceeding; or nection with this subtitle. tation. (B) twice the gross gain or gross loss for any (B) LOCATION OF PRODUCTION.—The attend- (c) PAYMENT OF EMPLOYEES.— violation or forgery, counterfeiting, or unau- ance of any witness and production of docu- (1) IN GENERAL.—Notwithstanding any other thorized use, alteration, defacing or destruction mentary evidence relevant to the inquiry may be law, the Secretary may pay an officer or em- of a certificate, permit, or other document pro- required from any place in the United States. ployee of the Department of Agriculture per- vided under this subtitle that results in the per- (C) ENFORCEMENT.— forming services under this subtitle relating to son’s deriving pecuniary gain or causing pecu- (i) IN GENERAL.—In case of disobedience to a imports into and exports from the United States niary loss to another person. subpoena by any person, the Secretary may re- for all overtime, night, or holiday work per- (2) FACTORS IN DETERMINING CIVIL PENALTY.— quest the Attorney General to invoke the aid of formed by the officer or employee at a rate of In determining the amount of a civil penalty, any court of the United States within the juris- pay determined by the Secretary. the Secretary shall take into account the na- diction in which the investigation is conducted, (2) REIMBURSEMENT.— ture, circumstance, extent, and gravity of the or where the person resides, is found, transacts (A) IN GENERAL.—The Secretary may require a violation or violations and the Secretary may business, is licensed to do business, or is incor- person for whom the services are performed to consider, with respect to the violator— porated, to require the attendance and testi- reimburse the Secretary for any expenses paid (A) the ability to pay; mony of any witness and the production of doc- by the Secretary for the services under this sub- (B) the effect on ability to continue to do busi- umentary evidence. section. ness; (ii) NONCOMPLIANCE.—In case of a refusal to (B) USE OF FUNDS.—All funds collected under (C) any history of prior violations; obey a subpoena issued to any person, a court this subsection shall— (D) the degree of culpability; and may order the person to appear before the Sec- (i) be credited to the account that incurs the (E) such other factors as the Secretary con- retary and give evidence concerning the matter costs; and siders to be appropriate. in question or to produce documentary evidence. (ii) remain available until expended, without (3) SETTLEMENT OF CIVIL PENALTIES.—The (iii) CONTEMPT.—Any failure to obey the order fiscal year limitation. Secretary may compromise, modify, or remit, of the court may be punished by the court as with or without conditions, any civil penalty (d) LATE PAYMENT PENALTIES.— contempt of the court. that may be assessed under this subsection. (1) COLLECTION.—On failure by a person to (D) COMPENSATION.— reimburse the Secretary in accordance with this (4) FINALITY OF ORDERS.— (i) WITNESSES.—A witness summoned by the (A) FINAL ORDER.—The order of the Secretary section, the Secretary may assess a late payment Secretary under this subtitle shall be paid the assessing a civil penalty shall be treated as a penalty against the person, including interest same fees and mileage that are paid to a witness final order reviewable under chapter 158 of title on overdue funds, as required by section 3717 of in a court of the United States. 28, United States Code. title 31, United States Code. (ii) DEPOSITIONS.—A witness whose deposition (B) REVIEW.—The validity of the order of the (2) USE OF FUNDS.—Any late payment penalty is taken, and the person taking the deposition, Secretary may not be reviewed in an action to and any accrued interest shall— shall be entitled to the same fees that are paid collect the civil penalty. (A) be credited to the account that incurs the for similar services in a court of the United (C) INTEREST.—Any civil penalty not paid in costs; and States. full when due under an order assessing the civil (B) remain available until expended, without (E) PROCEDURES.— penalty shall thereafter accrue interest until fiscal year limitation. (i) PUBLICATION.—The Secretary shall publish paid at the rate of interest applicable to civil procedures for the issuance of subpoenas under SEC. 1033. ADMINISTRATION AND CLAIMS. judgments of the courts of the United States. this section. (a) ADMINISTRATION.—To carry out this sub- (c) SUSPENSION OR REVOCATION OF ACCREDI- (ii) REVIEW.—The procedures shall include a title, the Secretary may— TATION.— requirement that subpoenas be reviewed for (1) acquire and maintain real or personal (1) IN GENERAL.—The Secretary may, after no- legal sufficiency and, to be effective, be signed property; tice and opportunity for a hearing on the by the Secretary. (2) employ a person; record, suspend or revoke the accreditation of (iii) DELEGATION.—If the authority to sign a (3) make a grant; and any veterinarian accredited under this subtitle subpoena is delegated to an agency other than (4) notwithstanding chapter 63 of title 31, that violates this subtitle. the Office of Administrative Law Judges, the United States Code, enter into a contract, coop- (2) FINAL ORDER.—The order of the Secretary agency receiving the delegation shall seek re- erative agreement, memorandum of under- suspending or revoking accreditation shall be view of the subpoena for legal sufficiency out- standing, or other agreement. treated as a final order reviewable under chap- side that agency. (b) TORT CLAIMS.— ter 158 of title 28, United States Code. (b) AUTHORITY OF ATTORNEY GENERAL.—The (1) IN GENERAL.—Except as provided in para- (3) SUMMARY SUSPENSION.— Attorney General may— graph (2), the Secretary may pay a tort claim, in (A) IN GENERAL.—Notwithstanding paragraph (1) prosecute, in the name of the United the manner authorized by the first paragraph of (1), the Secretary may summarily suspend the States, all criminal violations of this subtitle section 2672 of title 28, United States Code, if the accreditation of a veterinarian who the Sec- that are referred to the Attorney General by the claim arises outside the United States in connec- retary has reason to believe has violated this Secretary or are brought to the notice of the At- tion with an activity authorized under this sub- subtitle. torney General by any person; title. (B) HEARINGS.—The Secretary shall provide (2) bring an action to enjoin the violation of (2) REQUIREMENTS.—A claim may not be al- the accredited veterinarian with a subsequent or to compel compliance with this subtitle, or to lowed under this subsection unless the claim is notice and an opportunity for a prompt post- enjoin any interference by any person with the presented in writing to the Secretary not later suspension hearing on the record. Secretary in carrying out this subtitle, in any than 2 years after the date on which the claim (d) LIABILITY FOR ACTS OF AGENTS.—In the case in which the Secretary has reason to be- arises. construction and enforcement of this subtitle, lieve that the person has violated, or is about to SEC. 1034. PENALTIES. the act, omission, or failure of any officer, violate this subtitle or has interfered, or is about (a) CRIMINAL PENALTIES.—Any person that agent, or person acting for or employed by any to interfere, with the actions of the Secretary; or knowingly violates this subtitle, or that know- other person within the scope of the employment (3) bring an action for the recovery of any un- ingly forges, counterfeits, or, without authority or office of the officer, agent, or person, shall be paid civil penalty, funds under a reimbursable from the Secretary, uses, alters, defaces, or de- deemed also to be the act, omission, or failure of agreement, late payment penalty, or interest as- stroys any certificate, permit, or other document the other person. sessed under this subtitle.

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(c) COURT JURISDICTION.— (14) The first section and sections 2, 3, 4, and (1) AMOUNTS FOR REGISTRANTS.—Section (1) IN GENERAL.—The United States district 6 of the Act of March 3, 1905 (21 U.S.C. 123 4(i)(5) of the Federal Insecticide, Fungicide, and courts, the District Court of Guam, the District through 127). Rodenticide Act (7 U.S.C. 136a–1(i)(5)) is Court of the Northern Mariana Islands, the Dis- (15) The first proviso under the heading amended— trict Court of the Virgin Islands, the highest ‘‘GENERAL EXPENSES, BUREAU OF ANIMAL INDUS- (A) in subparagraph (A), by striking ‘‘each court of American Samoa, and the United States TRY’’ under the heading ‘‘BUREAU OF ANI- year’’ and all that follows and inserting ‘‘each courts of the other territories and possessions MAL INDUSTRY’’ of the Act of June 30, 1914 year $2,300 for each registration’’; are vested with jurisdiction in all cases arising (21 U.S.C. 128). (B) in subparagraph (D)— under this subtitle. (16) The fourth proviso under the heading (i) in clause (i), by striking ‘‘$55,000’’ and in- (2) VENUE.—Any action arising under this ‘‘SALARIES AND EXPENSES’’ under the heading serting ‘‘$70,000’’; and subtitle may be brought, and process may be ‘‘ANIMAL AND PLANT HEALTH INSPECTION SERV- (ii) in clause (ii), by striking ‘‘$95,000’’ and in- served, in the judicial district where a violation ICE’’ of title I of the Agriculture, Rural Develop- serting ‘‘$120,000’’; and or interference occurred or is about to occur, or ment, Food and Drug Administration, and Re- (C) in subparagraph (E)(i)— where the person charged with the violation, in- lated Agencies Appropriations Act, 2001 (21 (i) in subclause (I) by striking ‘‘$38,500’’ and terference, impending violation, impending in- U.S.C. 129). inserting ‘‘$46,000’’; and terference, or failure to pay resides, is found, (17) The third paragraph under the heading (ii) in subclause (II), by striking ‘‘$66,500’’ transacts business, is licensed to do business, or ‘‘MISCELLANEOUS’’ of the Act of May 26, 1910 and inserting ‘‘$80,000’’. is incorporated. (21 U.S.C. 131). (2) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C) (3) EXCEPTION.—Paragraphs (1) and (2) do (18) The first section and sections 2 through 6 of the Federal Insecticide, Fungicide, and not apply to subsections (b) and (c) of section and 11 through 13 of Public Law 87–518 (21 Rodenticide Act (7 U.S.C. 136(a)–1(i)(5)(C)) is 1034. U.S.C. 134 through 134h). amended— SEC. 1036. REGULATIONS AND ORDERS. (19) Public Law 91–239 (21 U.S.C. 135 through (A) by striking ‘‘(C)(i) The’’ and inserting the The Secretary may promulgate such regula- 135b). following: tions, and issue such orders, as the Secretary (20) Sections 12 through 14 of the Federal ‘‘(C) TOTAL AMOUNT OF FEES.—The’’; (B) by striking ‘‘$14,000,000 each fiscal year’’ determines necessary to carry out this subtitle. Meat Inspection Act (21 U.S.C. 612 through 614). (21) Chapter 39 of title 46, United States Code. and inserting ‘‘$20,000,000 for the period begin- SEC. 1037. AUTHORIZATION OF APPROPRIATIONS. (b) CONFORMING AMENDMENTS.— ning on January 1, 2002, and ending on Feb- (a) IN GENERAL.—There are authorized to be (1) Section 414(b) of the Plant Protection Act ruary 28, 2002’’; and appropriated such sums as are necessary to (7 U.S.C. 7714(b)) is amended— (C) by striking clause (ii). carry out this subtitle. (A) in paragraph (1), by striking ‘‘, or the (3) DEFINITION OF SMALL BUSINESS.—Section (b) TRANSFER OF FUNDS.— owner’s agent,’’; and 4(i)(5)(E)(ii) of the Federal Insecticide, Fun- (1) IN GENERAL.—In connection with an emer- (B) in paragraph (2), by striking ‘‘or agent of gicide, and Rodenticide Act (7 U.S.C. 136a– gency under which a pest or disease of livestock the owner’’ each place it appears. 1(i)(5)(E)(ii)) is amended— threatens any segment of agricultural produc- (2) Section 423 of the Plant Protection Act (7 (A) in subclause (I), by striking ‘‘150’’ and in- tion in the United States, the Secretary may U.S.C. 7733) is amended— serting ‘‘500’’; and transfer from other appropriations or funds (A) by striking subsection (b) and inserting (B) in subclause (II), by striking ‘‘gross rev- available to the agencies or corporations of the the following: enue from chemicals that did not exceed Department of Agriculture such funds as the ‘‘(b) LOCATION OF PRODUCTION.—The attend- $40,000,000’’ and inserting ‘‘global gross revenue Secretary determines are necessary for the ar- ance of any witness and production of docu- from pesticides that did not exceed $60,000,000’’. rest, control, eradication, or prevention of the mentary evidence relevant to the inquiry may be (4) PERIOD OF EFFECTIVENESS.—Section 4(i)(5) spread of the pest or disease of livestock and for required from any place in the United States.’’; of the Federal Insecticide, Fungicide, and related expenses. (B) in the third sentence of subsection (e), by Rodenticide Act (7 U.S.C. 136a–1(i)(5)) is amend- VAILABILITY.—Any funds transferred (2) A inserting ‘‘to an agency other than the Office of ed by striking subparagraph (H) and inserting under this subsection shall remain available Administrative Law Judges’’ after ‘‘is dele- the following: until expended, without fiscal year limitation. gated’’; and ‘‘(H) PERIOD OF EFFECTIVENESS.—This para- (c) USE OF FUNDS.—In carrying out this sub- (C) by striking subsection (f). graph shall be in effect during the period begin- title, the Secretary may use funds made avail- (3) Section 11(h) of the Endangered Species ning on January 1, 2002, and ending on Feb- able to carry out this subtitle for— Act of 1973 (16 U.S.C. 1540(h)) is amended in the ruary 28, 2002.’’. (1) printing and binding, without regard to first sentence by striking ‘‘animal quarantine (b) OTHER FEES.—Section 4(i)(6) of the Fed- section 501 of title 44, United States Code; laws (21 U.S.C. 101–105, 111–135b, and 612–614)’’ eral Insecticide, Fungicide, and Rodenticide Act (2) the employment of civilian nationals in and inserting ‘‘animal quarantine laws (as de- (7 U.S.C. 136a–1(i)(6)) is amended by striking foreign countries; and fined in section 2509(f) of the Food, Agriculture, ‘‘the date of the enactment of this section and (3) the construction and operation of research Conservation, and Trade Act of 1990 (21 U.S.C. ending on September 30, 2001’’ and inserting laboratories, quarantine stations, and other 136a(f))’’. ‘‘January 1, 2002, and ending on February 28, buildings and facilities for special purposes. (4) Section 18 of the Federal Meat Inspection 2002’’. SEC. 1038. REPEALS AND CONFORMING AMEND- Act (21 U.S.C. 618) is amended by striking ‘‘of (c) EXPEDITED PROCESSING OF SIMILAR APPLI- MENTS. the cattle’’ and all that follows through ‘‘as CATIONS.—Section 4(k)(3) of the Federal Insecti- (a) REPEALS.—The following provisions of law herein described’’ and inserting ‘‘of the car- cide, Fungicide, and Rodenticide Act (7 U.S.C. are repealed: casses and products of cattle, sheep, swine, 136a–1(k)(3)) is amended— (1) Public Law 97–46 (7 U.S.C. 147b). goats, horses, mules, and other equines’’. (1) in the paragraph heading, by striking (2) Section 101(b) of the Act of September 21, (5) Section 2509 of the Food, Agriculture, Con- ‘‘EXPEDITED’’ and inserting ‘‘REVIEW OF INERT 1944 (7 U.S.C. 429). servation, and Trade Act of 1990 (21 U.S.C. INGREDIENTS; EXPEDITED’’; and (3) The Act of August 28, 1950 (7 U.S.C. 2260). 136a) is amended— (2) in subparagraph (A)— (4) Section 919 of the Federal Agriculture Im- (A) in subsection (c), by inserting after para- (A) by striking ‘‘each of the’’ and all that fol- provement and Reform Act of 1996 (7 U.S.C. graph (1) the following: lows through ‘‘such fiscal year’’ and inserting 2260a). ‘‘(2) VETERINARY DIAGNOSTICS.—The Secretary ‘‘the period beginning on January 1, 2002, and (5) Section 306 of the Tariff Act of 1930 (19 may prescribe and collect fees to recover the ending on February 28, 2002, 1⁄7 of the mainte- U.S.C. 1306). costs of carrying out the provisions of the Ani- nance fees collected during the period’’; (6) Sections 6 through 8 and 10 of the Act of mal Health Protection Act that relate to veteri- (B) by redesignating clauses (i), (ii), and (iii) August 30, 1890 (21 U.S.C. 102 through 105). nary diagnostics.’’; and as subclauses (I), (II), and (III), respectively, (7) The Act of February 2, 1903 (21 U.S.C. 111, (B) in subsection (f)(1), by striking subpara- and adjusting the margins appropriately; and 120 through 122). graphs (B) through (O) and inserting the fol- (C) by striking ‘‘assure the expedited proc- (8) Sections 2 through 9, 11, and 13 of the Act lowing: essing and review of any applicant that’’ and of May 29, 1884 (21 U.S.C. 112, 113, 114, 114a, ‘‘(B) section 9 of the Act of August 30, 1890 (21 inserting the following: 114a–1, 115 through 120, 130). U.S.C. 101); ‘‘(i) review and evaluate inert ingredients; (9) The first section and sections 2, 3, and 5 of ‘‘(C) the Animal Health Protection Act; or and the Act of February 28, 1947 (21 U.S.C. 114b, ‘‘(D) any other Act administered by the Sec- ‘‘(ii) ensure the expedited processing and re- 114c, 114d, 114d–1). retary relating to plant or animal diseases or view of any application that—’’. (10) The Act of June 16, 1948 (21 U.S.C. 114e, pests.’’. (d) PESTICIDE TOLERANCE PROCESSING FEES.— 114f). (c) EFFECT ON REGULATIONS.—A regulation Section 408(m)(1) of the Federal Food, Drug, (11) Public Law 87–209 (21 U.S.C. 114g, 114h). issued under a provision of law repealed by sub- and Cosmetic Act (21 U.S.C. 346a(m)(1)) is (12) Section 2506 of the Food, Agriculture, section (a) shall remain in effect until the Sec- amended— Conservation, and Trade Act of 1990 (21 U.S.C. retary issues a regulation under section 1036 (1) by striking ‘‘The Administrator’’ and in- 114i). that supersedes the earlier regulation. serting the following: (13) The third and fourth provisos of the ‘‘(A) IN GENERAL.—The Administrator’’; fourth paragraph under the heading ‘‘BUREAU Subtitle D—General Provisions (2) by striking ‘‘Under the regulations’’ and OF ANIMAL INDUSTRY’’ of the Act of May 31, 1920 SEC. 1041. FEES FOR PESTICIDES. inserting the following: (21 U.S.C. 116). (a) MAINTENANCE FEE.— ‘‘(B) INCLUSIONS.—Under the regulations’’;

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(3) by redesignating subparagraphs (A), (B), ‘‘(8) STATE AGENCY.—The term ‘State agency’ ‘‘(aa) disapprove the school pest management (C), and (D) as clauses (i), (ii), (iii), and (iv), re- means the an agency of a State, or an agency of plan; spectively, and adjusting the margins appro- an Indian tribe or tribal organization (as those ‘‘(bb) provide the State agency with rec- priately; terms are defined in section 4 of the Indian Self- ommendations for and assistance in revising the (4) by striking ‘‘The regulations may’’ and in- Determination and Education Assistance Act (25 school pest management plan to meet the re- serting the following: U.S.C. 450b)), that exercises primary jurisdiction quirements; and ‘‘(C) WAIVER; REFUND.—The regulations over matters relating to pesticide regulation. ‘‘(cc) provide a 90-day deadline by which the may’’; and ‘‘(9) UNIVERSAL NOTIFICATION.—The term State agency shall resubmit the revised school (5) by adding at the end the following: ‘universal notification’ means notice provided pest management plan to obtain approval of the ‘‘(D) ANNUAL ADJUSTMENT OF FEES.—The Ad- by a local educational agency or school to— plan, in accordance with the State cooperative ministrator may annually promulgate regula- ‘‘(A) parents, legal guardians, or other per- agreement. tions to implement changes in the amounts in sons with legal standing as parents of each ‘‘(E) DISTRIBUTION OF STATE PLAN TO the schedule of pesticide tolerance processing child attending the school; and SCHOOLS.—On approval of the school pest man- fees in effect on the date of enactment of this ‘‘(B) staff members of the school. agement plan of a State agency, the State agen- subparagraph by the same percentage as the an- ‘‘(b) SCHOOL PEST MANAGEMENT PLANS.— cy shall make the school pest management plan nual adjustment to the Federal General Sched- ‘‘(1) STATE PLANS.— available to each local educational agency in ule pay scale under section 5303 of title 5, ‘‘(A) GUIDANCE.—As soon as practicable (but the State. United States Code. not later than 180 days) after the date of enact- ‘‘(F) EXCEPTION FOR EXISTING STATE PLANS.— ‘‘(E) PERIOD OF EFFECTIVENESS.—This para- ment of the School Environment Protection Act If, on the date of enactment of the School Envi- graph shall be in effect during the period begin- of 2002, the Administrator shall develop, in ac- ronment Protection Act of 2002, a State has im- ning on January 1, 2002, and ending on Feb- cordance with this section— plemented a school pest management plan that, ruary 28, 2002.’’. ‘‘(i) guidance for a school pest management at a minimum, meets the requirements under SEC. 1042. PEST MANAGEMENT IN SCHOOLS. plan; and subparagraph (C) (as determined by the Admin- (a) SHORT TITLE.—This section may be cited ‘‘(ii) a sample school pest management plan. istrator), the State agency may maintain the as the ‘‘School Environment Protection Act of ‘‘(B) PLAN.—As soon as practicable (but not school pest management plan and shall not be 2002’’. later than 1 year) after the date of enactment of required to develop a new school pest manage- (b) PEST MANAGEMENT.—The Federal Insecti- the School Environment Protection Act of 2002, ment plan under subparagraph (B). cide, Fungicide, and Rodenticide Act is each State agency shall develop and submit to ‘‘(2) IMPLEMENTATION BY LOCAL EDUCATIONAL amended— the Administrator for approval, as part of the AGENCIES.— ‘‘(A) IN GENERAL.—Not later than 1 year after (1) by redesignating sections 33 and 34 (7 State cooperative agreement under section 23, a the date on which a local educational agency U.S.C. 136x, 136y) as sections 34 and 35, respec- school pest management plan for local edu- receives a copy of a school pest management tively; and cational agencies in the State. (2) by inserting after section 32 (7 U.S.C. ‘‘(C) COMPONENTS.—A school pest manage- plan of a State agency under paragraph (1)(E), 136w–7) the following: ment plan developed under subparagraph (B) the local educational agency shall develop and shall, at a minimum— implement in each of the schools under the ju- ‘‘SEC. 33. PEST MANAGEMENT IN SCHOOLS. ‘‘(i) implement a system that— risdiction of the local educational agency a ‘‘(a) DEFINITIONS.—In this section: ‘‘(I) eliminates or mitigates health risks, or school pest management plan that meets the ‘‘(1) BAIT.—The term ‘bait’ means a pesticide economic or aesthetic damage, caused by pests; standards and requirements under the school that contains an ingredient that serves as a ‘‘(II) employs— pest management plan of the State agency, as feeding stimulant, odor, pheromone, or other at- ‘‘(aa) integrated methods; determined by the Administrator. tractant for a target pest. ‘‘(bb) site or pest inspection; ‘‘(B) EXCEPTION FOR EXISTING PLANS.—If, on ‘‘(2) CONTACT PERSON.—The term ‘contact per- ‘‘(cc) pest population monitoring; and the date of enactment of the School Environ- son’ means an individual who is— ‘‘(dd) an evaluation of the need for pest man- ment Protection Act of 2002, a State maintains a ‘‘(A) knowledgeable about school pest man- agement; and school pest management plan that, at a min- agement plans; and ‘‘(III) is developed taking into consideration imum, meets the standards and criteria estab- ‘‘(B) designated by a local educational agency pest management alternatives (including sanita- lished under this section (as determined by the to carry out implementation of the school pest tion, structural repair, and mechanical, biologi- Administrator), and a local educational agency management plan of a school. cal, cultural, and pesticide strategies) that mini- in the State has implemented the State school ‘‘(3) EMERGENCY.—The term ‘emergency’ mize health and environmental risks; pest management plan, the local educational means an urgent need to mitigate or eliminate a ‘‘(ii) require, for pesticide applications at the agency may maintain the school pest manage- pest that threatens the health or safety of a stu- school, universal notification to be provided— ment plan and shall not be required to develop dent or staff member. ‘‘(I) at the beginning of the school year; and implement a new school pest management ‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term ‘‘(II) at the midpoint of the school year; and plan under subparagraph (A). ‘local educational agency’ has the meaning ‘‘(III) at the beginning of any summer session, ‘‘(C) APPLICATION OF PESTICIDES AT given the term in section 3 of the Elementary as determined by the school; SCHOOLS.—A school pest management plan shall and Secondary Education Act of 1965. ‘‘(iii) establish a registry of staff members of a prohibit— ‘‘(5) SCHOOL.— school, and of parents, legal guardians, or other ‘‘(i) the application of a pesticide (other than ‘‘(A) IN GENERAL.—The term ‘school’ means a persons with legal standing as parents of each a pesticide, including a bait, gel or paste, de- public— child attending the school, that have requested scribed in paragraph (4)(C)) to any area or room ‘‘(i) elementary school (as defined in section 3 to be notified in advance of any pesticide appli- at a school while the area or room is occupied of the Elementary and Secondary Education Act cation at the school; or in use by students or staff members (except of 1965); ‘‘(iv) establish guidelines that are consistent students or staff members participating in reg- ‘‘(ii) secondary school (as defined in section 3 with the definition of a school pest management ular or vocational agricultural instruction in- of that Act); plan under subsection (a); volving the use of pesticides); and ‘‘(iii) kindergarten or nursery school that is ‘‘(v) require that each local educational agen- ‘‘(ii) the use by students or staff members of part of an elementary school or secondary cy use a certified applicator or a person author- an area or room treated with a pesticide by school; or ized by the State agency to implement the school broadcast spraying, baseboard spraying, ‘‘(iv) tribally-funded school. pest management plans; tenting, or fogging during— ‘‘(B) INCLUSIONS.—The term ‘school’ includes ‘‘(vi) be consistent with the State cooperative ‘‘(I) the period specified on the label of the any school building, and any area outside of a agreement under section 23; and pesticide during which a treated area or room school building (including a lawn, playground, ‘‘(vii) require the posting of signs in accord- should remain unoccupied; or sports field, and any other property or facility), ance with paragraph (4)(G). ‘‘(II) if there is no period specified on the that is controlled, managed, or owned by the ‘‘(D) APPROVAL BY ADMINISTRATOR.—Not later label, the 24-hour period beginning at the end of school or school district. than 90 days after receiving a school pest man- the treatment. ‘‘(6) SCHOOL PEST MANAGEMENT PLAN.—The agement plan submitted by a State agency ‘‘(3) CONTACT PERSON.— term ‘school pest management plan’ means a under subparagraph (B), the Administrator ‘‘(A) IN GENERAL.—Each local educational pest management plan developed under sub- shall— agency shall designate a contact person to carry section (b). ‘‘(i) determine whether the school pest man- out a school pest management plan in schools ‘‘(7) STAFF MEMBER.— agement plan, at a minimum, meets the require- under the jurisdiction of the local educational ‘‘(A) IN GENERAL.—The term ‘staff member’ ments of subparagraph (C); and agency. means a person employed at a school or local ‘‘(ii)(I) if the Administrator determines that ‘‘(B) DUTIES.—The contact person of a local educational agency. the school pest management plan meets the re- educational agency shall— ‘‘(B) EXCLUSIONS.—The term ‘staff member’ quirements, approve the school pest manage- ‘‘(i) maintain information about the sched- does not include— ment plan as part of the State cooperative uling of pesticide applications in each school ‘‘(i) a person hired by a school, local edu- agreement; or under the jurisdiction of the local educational cational agency, or State to apply a pesticide; or ‘‘(II) if the Administrator determines that the agency; ‘‘(ii) a person assisting in the application of a school pest management plan does not meet the ‘‘(ii) act as a contact for inquiries, and dis- pesticide. requirements— seminate information requested by parents or

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guardians, about the school pest management ‘‘(i) IN GENERAL.—Except as provided in ‘‘(E) METHOD OF NOTIFICATION.—A local edu- plan; clause (ii) and paragraph (5)— cational agency or school may provide a notice ‘‘(iii) maintain and make available to parents, ‘‘(I) notice of an upcoming pesticide applica- under this subsection, using information de- legal guardians, or other persons with legal tion at a school shall be provided to each person scribed in paragraph (4), in the form of— standing as parents of each child attending the on the registry of the school not later than 24 ‘‘(i) a written notice sent home with the stu- school, before and during the notice period and hours before the end of the last business day dents and provided to staff members; after application— during which the school is in session that pre- ‘‘(ii) a telephone call; ‘‘(I) copies of material safety data sheet for cedes the day on which the application is to be ‘‘(iii) direct contact; pesticides applied at the school, or copies of ma- made; and ‘‘(iv) a written notice mailed at least 1 week terial safety data sheets for end-use dilutions of ‘‘(II) the application of a pesticide for which before the application; or pesticides applied at the school, if data sheets a notice is given under subclause (I) shall not ‘‘(v) a notice delivered electronically (such as are available; commence before the end of the business day. through electronic mail or facsimile). ‘‘(II) labels and fact sheets approved by the ‘‘(ii) NOTIFICATION CONCERNING PESTICIDES ‘‘(F) REISSUANCE.—If the date of the applica- Administrator for all pesticides that may be used USED IN CURRICULA.—If pesticides are used as tion of the pesticide needs to be extended beyond by the local educational agency; and part of a regular vocational agricultural cur- the period required for notice under this para- ‘‘(III) any final official information related to riculum of the school, a notice containing the graph, the school shall issue a notice containing the pesticide, as provided to the local edu- information described in subclauses (I), (IV), only the new date and location of application. cational agency by the State agency; and (VI), and (VII) of clause (iii) for all pesticides ‘‘(G) POSTING OF SIGNS.— ‘‘(iv) for each school, maintain all pesticide that may be used as a part of that curriculum ‘‘(i) IN GENERAL.—Except as provided in para- use data for each pesticide used at the school shall be provided to persons on the registry only graph (5)— (other than antimicrobial pesticides (as defined ‘‘(I) a school shall post a sign not later than in clauses (i) and (ii) of section 2(mm)(1)(A))) for once at the beginning of each academic term of the school. the last business day during which school is in at least 3 years after the date on which the pes- session preceding the date of application of a ticide is applied; and ‘‘(iii) CONTENTS OF NOTICE.—A notice under clause (i) shall contain— pesticide at the school; and ‘‘(v) make that data available for inspection ‘‘(II) the application for which a sign is post- on request by any person. ‘‘(I) the trade name, common name (if applica- ble), and Environmental Protection Agency reg- ed under subclause (I) shall not commence be- ‘‘(4) NOTIFICATION.— fore the time that is 24 hours after the end of ‘‘(A) UNIVERSAL NOTIFICATION.—At the begin- istration number of each pesticide to be applied; the business day on which the sign is posted. ning of each school year, at the midpoint of ‘‘(II) a description of each location at the ‘‘(ii) LOCATION.—A sign shall be posted under each school year, and at the beginning of any school at which a pesticide is to be applied; ‘‘(III) a description of the date and time of ap- clause (i)— summer session (as determined by the school), a ‘‘(I) at a central location noticeable to indi- local educational agency or school shall provide plication, except that, in the case of an outdoor pesticide application, a notice shall include at viduals entering the building; and to staff members of a school, and to parents, ‘‘(II) at the proposed site of application. least 3 dates, in chronological order, on which legal guardians, and other persons with legal ‘‘(iii) ADMINISTRATION.—A sign required to be the outdoor pesticide application may take place standing as parents of students enrolled at the posted under clause (i) shall— if the preceding date is canceled; school, a notice describing the school pest man- ‘‘(I) remain posted for at least 24 hours after ‘‘(IV) information that the State agency shall agement plan that includes— the end of the application; provide to the local educational agency, includ- ‘‘(i) a summary of the requirements and proce- ‘‘(II) be— dures under the school pest management plan; ing a description of potentially acute and ‘‘(aa) at least 81⁄2 inches by 11 inches for signs ‘‘(ii) a description of any potential pest prob- chronic effects that may result from exposure to posted inside the school; and lems that the school may experience (including each pesticide to be applied based on— ‘‘(bb) at least 4 inches by 5 inches for signs a description of the procedures that may be used ‘‘(aa) a description of potentially acute and posted outside the school; and to address those problems); chronic effects that may result from exposure to ‘‘(III) contain— ‘‘(iii) the address, telephone number, and each pesticide to be applied, as stated on the ‘‘(aa) information about the pest problem for website address of the Office of Pesticide Pro- label of the pesticide approved by the Adminis- which the application is necessary; grams of the Environmental Protection Agency; trator; ‘‘(bb) the name of each pesticide to be used; and ‘‘(bb) information derived from the material ‘‘(cc) the date of application; ‘‘(iv) the following statement (including infor- safety data sheet for the end-use dilution of the ‘‘(dd) the name and telephone number of the mation to be supplied by the school as indicated pesticide to be applied (if available) or the mate- designated contact person; and in brackets): rial safety data sheets; and ‘‘(ee) the statement contained in subpara- ‘As part of a school pest management plan, ‘‘(cc) final, official information related to the graph (A)(iv). lllll (insert school name) may use pes- pesticide prepared by the Administrator and ‘‘(iv) OUTDOOR PESTICIDE APPLICATIONS.— ticides to control pests. The Environmental Pro- provided to the local educational agency by the ‘‘(I) IN GENERAL.—In the case of an outdoor tection Agency (EPA) and lllll (insert State agency; pesticide application at a school, each sign shall name of State agency exercising jurisdiction ‘‘(V) a description of the purpose of the appli- include at least 3 dates, in chronological order, over pesticide registration and use) registers pes- cation of the pesticide; on which the outdoor pesticide application may ticides for that use. EPA continues to examine ‘‘(VI) the address, telephone number, and take place if the preceding date is canceled. registered pesticides to determine that use of the website address of the Office of Pesticide Pro- ‘‘(II) DURATION OF POSTING.—A sign described pesticides in accordance with instructions print- grams of the Environmental Protection Agency; in subclause (I) shall be posted after an outdoor ed on the label does not pose unreasonable risks and pesticide application in accordance with clauses to human health and the environment. Never- ‘‘(VII) the statement described in subpara- (ii) and (iii). theless, EPA cannot guarantee that registered graph (A)(iv) (other than the ninth sentence of ‘‘(5) EMERGENCIES.— pesticides do not pose risks, and unnecessary ex- that statement). ‘‘(A) IN GENERAL.—A school may apply a pes- posure to pesticides should be avoided. Based in ‘‘(C) NOTIFICATION AND POSTING EXEMPTION.— ticide at the school without complying with this part on recommendations of a 1993 study by the A notice or posting of a sign under subpara- part in an emergency, subject to subparagraph National Academy of Sciences that reviewed graph (A), (B), or (G) shall not be required for (B). registered pesticides and their potential to cause the application at a school of— ‘‘(B) SUBSEQUENT NOTIFICATION OF PARENTS, unreasonable adverse effects on human health, ‘‘(i) an antimicrobial pesticide; GUARDIANS, AND STAFF MEMBERS.—Not later particularly on the health of pregnant women, ‘‘(ii) a bait, gel, or paste that is placed— than the earlier of the time that is 24 hours after infants, and children, Congress enacted the ‘‘(I) out of reach of children or in an area a school applies a pesticide under this para- Food Quality Protection Act of 1996. That law that is not accessible to children; or graph or on the morning of the next business requires EPA to reevaluate all registered pes- ‘‘(II) in a tamper-resistant or child-resistant day, the school shall provide to each parent or ticides and new pesticides to measure their safe- container or station; and guardian of a student listed on the registry, a ty, taking into account the unique exposures ‘‘(iii) any pesticide that, as of the date of en- staff member listed on the registry, and the des- and sensitivity that pregnant women, infants, actment of the School Environment Protection ignated contact person, notice of the application and children may have to pesticides. EPA re- Act of 2002, is exempt from the requirements of of the pesticide in an emergency that includes— view under that law is ongoing. You may re- this Act under section 25(b) (including regula- ‘‘(i) the information required for a notice quest to be notified at least 24 hours in advance tions promulgated at section 152 of title 40, Code under paragraph (4)(G); and of pesticide applications to be made and receive of Federal Regulations (or any successor regula- ‘‘(ii) a description of the problem and the fac- information about the applications by reg- tion)). tors that required the application of the pes- istering with the school. Certain pesticides used ‘‘(D) NEW STAFF MEMBERS AND STUDENTS.— ticide to avoid a threat to the health or safety by the school (including baits, pastes, and gels) After the beginning of each school year, a local of a student or staff member. are exempt from notification requirements. If educational agency or school within a local ‘‘(C) METHOD OF NOTIFICATION.—The school you would like more information concerning educational agency shall provide each notice re- may provide the notice required by paragraph any pesticide application or any product used at quired under subparagraph (A) to— (B) by any method of notification described in the school, contact lllll (insert name and ‘‘(i) each new staff member who is employed paragraph (4)(E). phone number of contact person).’. during the school year; and ‘‘(D) POSTING OF SIGNS.—Immediately after ‘‘(B) NOTIFICATION TO PERSONS ON REG- ‘‘(ii) the parent or guardian of each new stu- the application of a pesticide under this para- ISTRY.— dent enrolled during the school year. graph, a school shall post a sign warning of the

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00142 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.023 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1121 pesticide application in accordance with clauses in the cooperative is held by active cooperative mation contained in the contract is confidential, (ii) through (iv) of paragraph (4)(B). members that— a party to the contract shall not be prohibited ‘‘(c) RELATIONSHIP TO STATE AND LOCAL RE- ‘‘(A) own, feed, or control livestock; and from discussing any terms or details of any con- QUIREMENTS.—Nothing in this section (including ‘‘(B) provide the livestock to the cooperative tract with— regulations promulgated under this section)— for slaughter; or ‘‘(1) a legal adviser; ‘‘(1) precludes a State or political subdivision ‘‘(2) a packer that is owned or controlled by ‘‘(2) a lender; of a State from imposing on local educational producers of a type of livestock, if during a cal- ‘‘(3) an accountant; agencies and schools any requirement under endar year the packer slaughters less than 2 ‘‘(4) an executive or manager; State or local law (including regulations) that is percent of the head of that type of livestock ‘‘(5) a landlord; more stringent than the requirements imposed slaughtered in the United States; or’’; and ‘‘(6) a family member; or under this section; or (3) in subsection (h) (as so redesignated), by ‘‘(7) a Federal or State agency with responsi- ‘‘(2) establishes any exception under, or af- striking ‘‘or (e)’’ and inserting ‘‘(e), or (f)’’. bility for— fects in any other way, section 24(b). (b) EFFECTIVE DATE.— ‘‘(A) enforcing a statute designed to protect a ‘‘(d) EXCLUSION OF CERTAIN PEST MANAGE- (1) IN GENERAL.—Subject to paragraph (2), the party to the contract; or MENT ACTIVITIES.—Nothing in this section (in- amendments made by subsection (a) take effect ‘‘(B) administering this Act. cluding regulations promulgated under this sec- on the date of enactment of this Act. ‘‘(b) EFFECT ON STATE LAWS.—Subsection (a) tion) applies to a pest management activity that (2) TRANSITION RULES.—In the case of a pack- does not affect State laws that address confiden- is conducted— er that on the date of enactment of this Act tiality provisions in contracts for the sale or ‘‘(1) on or adjacent to a school; and owns, feeds, or controls livestock intended for production of livestock or poultry.’’. ‘‘(2) by, or at the direction of, a State or local slaughter in violation of section 202(f) of the SEC. 1045. UNLAWFUL STOCKYARD PRACTICES IN- agency other than a local educational agency. Packers and Stockyards Act, 1921 (as amended VOLVING NONAMBULATORY LIVE- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— by subsection (a)), the amendments made by STOCK. There are authorized to be appropriated such subsection (a) apply to the packer— (a) IN GENERAL.—Title III of the Packers and sums as are necessary to carry out this sec- (A) in the case of a packer of swine, beginning Stockyards Act, 1921, is amended by inserting tion.’’. on the date that is 18 months after the date of after section 317 (7 U.S.C. 217a) the following: (c) CONFORMING AMENDMENT.—The table of enactment of this Act; and ‘‘SEC. 318. UNLAWFUL STOCKYARD PRACTICES IN- contents in section 1(b) of the Federal Insecti- (B) in the case of a packer of any other type VOLVING NONAMBULATORY LIVE- cide, Fungicide, and Rodenticide Act (7 U.S.C. of livestock, beginning as soon as practicable, STOCK. prec. 121) is amended by striking the items relat- but not later than 180 days, after the date of en- ‘‘(a) DEFINITIONS.—In this section: ing to sections 30 through 32 and inserting the actment of this Act, as determined by the Sec- ‘‘(1) HUMANELY EUTHANIZED.—The term ‘hu- following: retary of Agriculture. manely euthanized’ means to kill an animal by ‘‘Sec. 30. Minimum requirements for training of SEC. 1044. PACKERS AND STOCKYARDS. mechanical, chemical, or other means that im- mediately render the animal unconscious, with maintenance applicators and (a) DEFINITIONS.—Section 2(a) of the Packers service technicians. and Stockyards Act, 1921 (7 U.S.C. 182(a)), is this state remaining until the animal’s death. ‘‘Sec. 31. Environmental Protection Agency amended by adding at the end the following: ‘‘(2) NONAMBULATORY LIVESTOCK.—The term ‘nonambulatory livestock’ means any livestock minor use program. ‘‘(12) LIVESTOCK CONTRACTOR.—The term ‘‘Sec. 32. Department of Agriculture minor use ‘livestock contractor’ means any person engaged that is unable to stand and walk unassisted. NLAWFUL PRACTICES.— program. in the business of obtaining livestock under a ‘‘(b) U ‘‘(1) IN GENERAL.—It shall be unlawful under ‘‘(a) In general. livestock production contract for the purpose of section 312 for any stockyard owner, market ‘‘(b)(1) Minor use pesticide data. slaughtering the livestock or selling the livestock agency, or dealer to buy, sell, give, receive, ‘‘(2) Minor Use Pesticide Data Revolving for slaughter, if— transfer, market, hold, or drag any non- Fund. ‘‘(A) the livestock is obtained by the person in ambulatory livestock unless the nonambulatory ‘‘Sec. 33. Pest management in schools. commerce; or ‘‘(a) Definitions. livestock has been humanely euthanized. ‘‘(B) the livestock (including livestock prod- ‘‘(1) Bait. ‘‘(2) EXCEPTIONS.— ucts from the livestock) obtained by the person ‘‘(2) Contact person. ‘‘(A) NON-GIPSA FARMS.—Paragraph (1) shall is sold or shipped in commerce. ‘‘(3) Emergency. not apply to any farm the animal care practices ‘‘(13) LIVESTOCK PRODUCTION CONTRACT.—The ‘‘(4) Local educational agency. of which are not subject to the authority of the term ‘livestock production contract’ means any ‘‘(5) School. Grain Inspection, Packers, and Stockyards Ad- growout contract or other arrangement under ‘‘(6) Staff member. ministration. which a livestock production contract grower ‘‘(7) State agency. ‘‘(B) VETERINARY CARE.—Paragraph (1) shall raises and cares for the livestock in accordance ‘‘(8) Universal notification. not apply in a case in which nonambulatory with the instructions of another person. ‘‘(b) School pest management plans. livestock receive veterinary care intended to ‘‘(14) LIVESTOCK PRODUCTION CONTRACT ‘‘(1) State plans. render the livestock ambulatory.’’. GROWER.—The term ‘livestock production con- ‘‘(2) Implementation by local educational (b) EFFECTIVE DATE.— tract grower’ means any person engaged in the agencies. (1) IN GENERAL.—The amendment made by business of raising and caring for livestock in ‘‘(3) Contact person. subsection (a) takes effect 1 year after the date accordance with the instructions of another per- ‘‘(4) Notification. of the enactment of this Act. son.’’. ‘‘(5) Emergencies. (2) REGULATIONS.—Not later than 1 year after (b) CONTRACTORS.— ‘‘(c) Relationship to State and local require- the date of enactment of this Act, the Secretary (1) IN GENERAL.—The Packers and Stockyards ments. of Agriculture shall promulgate regulations con- Act, 1921, is amended by striking ‘‘packer’’ each ‘‘(d) Exclusion of certain pest management sistent with the amendment, relating to the han- place it appears in sections 202, 203, 204, and 205 activities. dling, treatment, and disposition of non- (7 U.S.C. 192, 193, 194, 195) (other than section ‘‘(e) Authorization of appropriations. ambulatory livestock at livestock marketing fa- 202(c)) and inserting ‘‘packer or livestock con- ‘‘Sec. 34. Severability. cilities or by dealers. ‘‘Sec. 35. Authorization of appropriations.’’. tractor’’. SEC. 1046. ARBITRATION CLAUSES. (d) EFFECTIVE DATE.—This section and the (2) CONFORMING AMENDMENTS.— (A) Section 202(c) of the Packers and Stock- Title IV of the Packers and Stockyards Act, amendments made by this section take effect on 1921, is amended by inserting after section 413 (7 October 1, 2002. yards Act, 1921 (7 U.S.C. 192(c)), is amended by inserting ‘‘, livestock contractor,’’ after ‘‘other U.S.C. 228b–4) the following: SEC. 1043. PROHIBITION ON PACKERS OWNING, ‘‘SEC. 413A. ARBITRATION CLAUSES. FEEDING, OR CONTROLLING LIVE- packer’’ each place it appears. STOCK. (B) Section 308(a) of the Packers and Stock- ‘‘Notwithstanding any other provision of law, (a) IN GENERAL.—Section 202 of the Packers yards Act, 1921 (7 U.S.C. 209(a)), is amended by in the case of a contract for the sale or produc- and Stockyards Act, 1921 (7 U.S.C. 192), is inserting ‘‘or livestock production contract’’ tion of livestock or poultry under this Act that amended— after ‘‘poultry growing arrangement’’. is entered into or renewed after the date of en- (1) by redesignating subsections (f) and (g) as (C) Sections 401 and 403 of the Packers and actment of this section and that includes a pro- subsections (g) and (h), respectively; Stockyards Act, 1921 (7 U.S.C. 221, 223), are vision that requires arbitration of a dispute aris- (2) by inserting after subsection (e) the fol- amended by inserting ‘‘any livestock contractor, ing from the contract, a person that seeks to re- lowing: and’’ after ‘‘packer,’’ each place it appears. solve a dispute under the contract may, not- ‘‘(f) Own, feed, or control livestock intended (c) RIGHT TO DISCUSS TERMS OF CONTRACT.— withstanding the terms of the contract, elect— for slaughter (for more than 14 days prior to The Packers and Stockyards Act, 1921 (7 U.S.C. ‘‘(1) to arbitrate the dispute in accordance slaughter and acting through the packer or a 181 et seq.), is amended by adding at the end the with the contract; or person that directly or indirectly controls, or is following: ‘‘(2) to resolve the dispute in accordance with controlled by or under common control with, the ‘‘SEC. 417. RIGHT TO DISCUSS TERMS OF CON- any other lawful method of dispute resolution, packer), except that this subsection shall not TRACT. including mediation and civil action.’’. apply to— ‘‘(a) IN GENERAL.—Notwithstanding a provi- SEC. 1047. COTTON CLASSIFICATION SERVICES. ‘‘(1) a cooperative or entity owned by a coop- sion in any contract for the sale or production The first sentence of section 3a of the Act of erative, if a majority of the ownership interest of livestock or poultry that provides that infor- March 3, 1927 (commonly known as the ‘‘Cotton

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00143 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.023 pfrm01 PsN: S25PT1 S1122 CONGRESSIONAL RECORD — SENATE February 25, 2002

Statistics and Estimates Act’’) (7 U.S.C. 473), is ‘‘(1) IN GENERAL.—If the Secretary’’; (b) FARMERS’ MARKET PROMOTION PRO- amended by striking ‘‘2002’’ and inserting (2) in subsection (a)— GRAM.— ‘‘2006’’. (A) in paragraph (1) (as designated by para- (1) SURVEY.—Section 4 of the Farmer-to-Con- SEC. 1048. PROTECTION FOR PURCHASERS OF graph (1)), by striking ‘‘if such violation’’ and sumer Direct Marketing Act of 1976 (7 U.S.C. FARM PRODUCTS. all that follows and inserting ‘‘if the Secretary 3003) is amended— Section 1324 of the Food Security Act of 1985 determines that 1 or more violations have oc- (A) in the first sentence, by striking ‘‘a con- (7 U.S.C. 1631) is amended— curred.’’; and tinuing’’ and inserting ‘‘an annual’’; and (1) in subsection (c)(4)— (B) by adding at the end the following: (B) by striking the second sentence. (A) in subparagraph (B), by striking ‘‘(2) LICENSE REVOCATION.—If the Secretary (2) DIRECT MARKETING ASSISTANCE.—Section 5 ‘‘signed,’’ and inserting ‘‘signed, authorized, or finds that any person licensed as a dealer, ex- of the Farmer-to-Consumer Direct Marketing otherwise authenticated by the debtor,’’; hibitor, or operator of an auction sale subject to Act of 1976 (7 U.S.C. 3004) is amended— (B) by striking subparagraph (C); section 12, has committed a serious violation (as (A) in subsection (a)— (C) in subparagraph (D)— determined by the Secretary) of any rule, regu- (i) in the first sentence, by striking ‘‘Exten- (i) in clause (iii), by adding ‘‘and’’ after the lation, or standard governing the humane han- sion Service of the United States Department of semicolon at the end; and dling, transportation, veterinary care, housing, Agriculture’’ and inserting ‘‘Secretary’’; and (ii) in clause (iv), by striking ‘‘applicable;’’ breeding, socialization, feeding, watering, or (ii) in the second sentence— and all that follows and inserting ‘‘applicable, other humane treatment of dogs under section (I) by striking ‘‘Extension Service’’ and insert- and the name of each county or parish in which 12 or 13 on 3 or more separate inspections within ing ‘‘Secretary’’; and the farm products are growing or located;’’; and any 8-year period, the Secretary shall— (II) by striking ‘‘and on the basis of which of (D) by redesignating subparagraphs (D) ‘‘(A) suspend the license of the person for 21 these two agencies, or combination thereof, can through (I) as subparagraphs (C) through (H), days; and best perform these activities’’ and inserting ‘‘, as respectively; ‘‘(B) after providing notice and a hearing not determined by the Secretary’’; (2) in subsection (e)— more than 30 days after the third violation is (B) by redesignating subsection (b) as sub- (A) in paragraph (1)(A)— section (c); and (i) in clause (ii)— noted on an inspection report, revoke the license (I) in subclause (III), by adding ‘‘and’’ after of the person unless the Secretary makes a writ- (C) by inserting after subsection (a) the fol- the semicolon at the end; and ten finding that revocation is unwarranted be- lowing: (II) in subclause (IV), by striking ‘‘crop cause of extraordinary extenuating cir- ‘‘(b) DEVELOPMENT OF FARMERS’ MARKETS.— year,’’ and all that follows and inserting ‘‘crop cumstances.’’; The Secretary shall— year, and the name of each county or parish in (3) in subsection (b), by striking ‘‘(b) Any ‘‘(1) work with the Governor of a State, and which the farm products are growing or lo- dealer’’ and inserting ‘‘(b) CIVIL PENALTIES.— a State agency designated by the Governor, to cated;’’; and Any dealer’’; develop programs to train managers of farmers’ (iii) in clause (v), by inserting ‘‘contains’’ be- (4) in subsection (c), by striking ‘‘(c) Any markets; fore ‘‘any payment’’; and dealer’’ and inserting ‘‘(c) JUDICIAL REVIEW.— ‘‘(2) develop opportunities to share informa- (B) in paragraph (3)— Any dealer’’; and tion among managers of farmers’ markets; (i) in subparagraph (A), by striking ‘‘subpara- (5) in subsection (d), by striking ‘‘(d) Any ‘‘(3) establish a program to train cooperative graph’’ and inserting ‘‘subsection’’; and dealer’’ and inserting ‘‘(d) CRIMINAL PEN- extension service employees in the development (ii) in subparagraph (B), by striking ‘‘; and’’ ALTIES.—Any dealer’’. of direct marketing techniques; and and inserting a period; and (c) REGULATIONS.—Not later than 1 year after ‘‘(4) work with producers to develop farmers’ (3) subsection (g)(2)(A)— the date of enactment of this Act, the Secretary markets.’’. (A) in clause (ii)— of Agriculture shall promulgate such regulations (3) FARMERS’ MARKET PROMOTION PROGRAM.— (i) in subclause (III), by adding ‘‘and’’ after as are necessary to carry out the amendments The Farmer-to-Consumer Direct Marketing Act the semicolon at the end; and made by this section, including development of of 1976 (7 U.S.C. 3001 et seq.) is amended by in- (ii) in subclause (IV), by striking ‘‘crop year,’’ the standards required by the amendments made serting after section 5 the following: and all that follows and inserting ‘‘crop year, by subsection (a). ‘‘SEC. 6. FARMERS’ MARKET PROMOTION PRO- and the name of each county or parish in which SEC. 1050. EXPANSION OF STATE MARKETING GRAM. the farm products are growing or located;’’; and PROGRAMS. ‘‘(a) ESTABLISHMENT.—The Secretary shall (B) in clause (v), by inserting ‘‘contains’’ be- (a) STATE MARKETING PROGRAMS.—Section carry out a program, to be known as the ‘Farm- fore ‘‘any payment’’. 204(b) of the Agricultural Marketing Act of 1946 ers’ Market Promotion Program’ (referred to in SEC. 1049. IMPROVED STANDARDS FOR THE CARE (7 U.S.C. 1623(b)) is amended— this section as the ‘Program’), to make grants to AND TREATMENT OF CERTAIN ANI- (1) by striking ‘‘(b) The’’ and all that follows eligible entities for projects to establish, expand, MALS. through ‘‘: Provided, That no’’ and inserting and promote farmers’ markets. (a) SOCIALIZATION PLAN; BREEDING RESTRIC- the following: ‘‘(b) PROGRAM PURPOSES.—The purposes of TIONS .—Section 13(a)(2) of the Animal Welfare ‘‘(b) STATE MARKETING PROGRAMS.— the Program are— Act (7 U.S.C. 2143(a)(2)) is amended— ‘‘(1) IN GENERAL.—Of the funds of the Com- ‘‘(1) to increase domestic consumption of agri- (1) in subparagraph (A), by striking ‘‘and’’ at modity Credit Corporation, the Secretary of Ag- cultural commodities by improving and expand- the end; riculture shall make available $7,000,000 for fis- ing, or assisting in the improvement and expan- (2) in subparagraph (B), by striking the period cal year 2003, $8,000,000 for fiscal year 2004, and sion of, domestic farmers’ markets, roadside at the end and inserting a semicolon; and (3) by adding at the end the following: $10,000,000 for each of fiscal years 2005 and 2006 stands, community-supported agriculture pro- ‘‘(C) for the socialization of dogs intended for for allotment to State departments of agri- grams, and other direct producer-to-consumer sale as pets with other dogs and people, through culture, State bureaus and departments of mar- infrastructure; and compliance with a performance standard devel- kets, State agricultural experiment stations, and ‘‘(2) to develop, or aid in the development of, oped by the Secretary based on the recommenda- other appropriate State agencies for cooperative new farmers’ markets, roadside stands, commu- tions of veterinarians and animal welfare and projects in marketing service and in marketing nity-supported agriculture programs, and other behavior experts that— research to effectuate the purposes of— direct producer-to-consumer infrastructure. ‘‘(i) identifies actions that dealers and inspec- ‘‘(A) title II of this Act; and ‘‘(c) ELIGIBLE ENTITIES.—An entity shall be tors shall take to ensure adequate socialization; ‘‘(B) the Farmer’s Market Promotion Program eligible to receive a grant under the Program if and established under section 6 of the Farmer-to- the entity is— ‘‘(ii) identifies a set of behavioral measures Consumer Direct Marketing Act of 1976. ‘‘(1) an agricultural cooperative; that inspectors shall use to evaluate adequate ‘‘(2) SMALL FARMS AND LIMITED RESOURCE ‘‘(2) a local government; socialization; and FARMERS.—Of the funds made available under ‘‘(3) a nonprofit corporation; ‘‘(D) for addressing the initiation and fre- paragraph (1), a priority shall be given for ini- ‘‘(4) a public benefit corporation; quency of breeding of female dogs so that a fe- tiatives designed to support direct and other ‘‘(5) an economic development corporation; male dog is not— marketing efforts of small farms and limited re- ‘‘(6) a regional farmers’ market authority; or ‘‘(i) bred before the female dog has reached at source farmers. ‘‘(7) such other entity as the Secretary may least 1 year of age; and ‘‘(3) STATE FUNDS.—No’’; designate. ‘‘(ii) whelped more frequently than 3 times in (2) by striking ‘‘The funds which’’ and insert- ‘‘(d) CRITERIA AND GUIDELINES.—The Sec- any 24-month period.’’. ing the following: retary shall establish criteria and guidelines for (b) SUSPENSION OR REVOCATION OF LICENSE, ‘‘(4) ADDITIONAL FUNDS.—The funds that’’; the submission, evaluation, and funding of pro- CIVIL PENALTIES, JUDICIAL REVIEW, AND CRIMI- (3) by striking ‘‘The allotments’’ and inserting posed projects under the Program. NAL PENALTIES.—Section 19 of the Animal Wel- the following: ‘‘(e) AMOUNT.— fare Act (7 U.S.C. 2149) is amended— ‘‘(5) RECIPIENT AGENCIES.—The allotments’’; ‘‘(1) IN GENERAL.—Under the Program, the (1) by striking ‘‘SEC. 19. (a) If the Secretary’’ (4) by striking ‘‘Such allotments’’ and insert- amount of a grant to an eligible entity for any and inserting the following: ing the following: 1 project shall be not more than $500,000 for any ‘‘SEC. 19. SUSPENSION OR REVOCATION OF LI- ‘‘(6) COOPERATIVE AGREEMENTS.—The allot- 1 fiscal year. CENSE, CIVIL PENALTIES, JUDICIAL ments’’; and ‘‘(2) AVAILABILITY.—The amount of a grant to REVIEW, AND CRIMINAL PENALTIES. (5) by striking ‘‘Should duplication’’ and in- an eligible entity for a project shall be available ‘‘(a) SUSPENSION OR REVOCATION OF LI- serting the following: until expended or until the date on which the CENSE.— ‘‘(7) DUPLICATION.—If duplication’’. project terminates.

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‘‘(f) COST SHARING.— related services to socially disadvantaged farm- (b) DEFINITION OF SOCIALLY DISADVANTAGED ‘‘(1) IN GENERAL.—The share of the costs of a ers and ranchers; GROUP.—Section 2501(e)(1) of the Food, Agri- project covered by a grant awarded under the ‘‘(II) has provided to the Secretary documen- culture, Conservation, and Trade Act of 1990 (7 Program shall not exceed 60 percent. tary evidence of work with socially disadvan- U.S.C. 2279(e)(1)) is amended by striking ‘‘racial ‘‘(2) GRANTEE SHARE.— taged farmers and ranchers during the 2-year or ethnic’’ and inserting ‘‘gender, racial, or eth- ‘‘(A) FORM.—The non-Federal share of the period preceding the submission of an applica- nic’’. cost of a project carried out under the Program tion for assistance under this subsection; and SEC. 1055. WILD FISH AND WILD SHELLFISH. may be paid in the form of cash or the provision ‘‘(III) has not engaged in activities prohibited Section 2104 of the Organic Foods Production of services, materials, or other in-kind contribu- under section 501(c)(3) of the Internal Revenue Act of 1990 (7 U.S.C. 6503) is amended— tions. Code of 1986; (1) by redesignating subsections (c) and (d) as ‘‘(B) LIMITATION.—The value of any real or ‘‘(ii)(I) an 1890 institution (as defined in sec- subsections (d) and (e), respectively; and personal property owned by an eligible entity as tion 2 of the Agricultural Research, Extension, (2) by inserting after subsection (b) the fol- of the date on which the eligible entity submits and Education Reform Act of 1998 (7 U.S.C. lowing: a proposal for a project under the Program shall 7601)), including West Virginia State College; ‘‘(c) WILD FISH AND WILD SHELLFISH.— not be credited toward the grantee share re- ‘‘(II) a 1994 institution (as defined in section ‘‘(1) IN GENERAL.—Notwithstanding section quired under this paragraph. 2 of that Act); 2107(a)(1), the Secretary may allow, through ‘‘(g) FUNDING.— ‘‘(III) an Indian tribal community college; regulations promulgated after public notice and ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(IV) an Alaska Native cooperative college; appropriated to carry out this section $10,000,000 ‘‘(V) a Hispanic-serving institution (as de- opportunity for comment, wild fish or wild shell- for each of fiscal years 2002 through 2006. fined in section 1404 of the National Agricul- fish harvested from salt water to be certified or ‘‘(2) LIMITATION.—Except for funds made tural Research, Extension, and Teaching Policy labeled as organic. available pursuant to section 204(b) of the Agri- Act of 1977 (7 U.S.C. 3103)); and ‘‘(2) CONSULTATION AND ACCOMMODATION.—In cultural Marketing Act of 1946 (7 U.S.C. ‘‘(VI) any other institution of higher edu- carrying out paragraph (1), the Secretary 1623(b)), no amounts may be made available to cation (as defined in section 101 of the Higher shall— carry out this section unless specifically pro- Education Act of 1965 (20 U.S.C. 1001)) that has ‘‘(A) consult with— vided by an appropriation Act.’’. demonstrated experience in providing agri- ‘‘(i) the Secretary of Commerce; ‘‘(ii) the National Organic Standards Board SEC. 1051. DEFINITION OF ANIMAL UNDER THE culture education or other agriculturally related ANIMAL WELFARE ACT. services to socially disadvantaged farmers and established under section 2119; Section 2(g) of the Animal Welfare Act (7 ranchers in a region; and ‘‘(iii) producers, processors, and sellers; and U.S.C. 2132(g)) is amended by striking ‘‘excludes ‘‘(iii) an Indian tribe (as defined in section 4 ‘‘(iv) other interested members of the public; horses not used for research purposes and’’ and of the Indian Self-Determination and Education and inserting the following: ‘‘excludes birds, rats of Assistance Act (25 U.S.C. 450b)) or a national ‘‘(B) to the maximum extent practicable, ac- the genus Rattus, and mice of the genus Mus tribal organization that has demonstrated expe- commodate the unique characteristics of the in- bred for use in research, horses not used for re- rience in providing agriculture education or dustries in the United States that harvest and search purposes, and’’. other agriculturally related services to socially process wild fish and shellfish.’’. SEC. 1052. PENALTIES AND FOREIGN COMMERCE disadvantaged farmers and ranchers in a re- SEC. 1056. ASSISTANT SECRETARY OF AGRI- PROVISIONS OF THE ANIMAL WEL- gion. CULTURE FOR CIVIL RIGHTS. FARE ACT. ‘‘(C) SECRETARY.—The term ‘Secretary’ means (a) IN GENERAL.—Section 218 of the Depart- (a) PENALTIES AND FOREIGN COMMERCE PRO- the Secretary of Agriculture. ment of Agriculture Reorganization Act of 1994 VISIONS OF THE ANIMAL WELFARE ACT.—Section ‘‘(2) PROGRAM.—The Secretary shall carry out (7 U.S.C. 6918) is amended by adding at the end 26 of the Animal Welfare Act (7 U.S.C. 2156) is an outreach and technical assistance program the following: amended— to encourage and assist socially disadvantaged ‘‘(f) ASSISTANT SECRETARY OF AGRICULTURE (1) in subsection (e)— farmers and ranchers— FOR CIVIL RIGHTS.— (A) by inserting ‘‘PENALTIES.—’’ after ‘‘(e)’’; ‘‘(A) in owning and operating farms and ‘‘(1) DEFINITION OF SOCIALLY DISADVANTAGED (B) by striking ‘‘$5,000’’ and inserting ranches; and FARMER OR RANCHER.—In this subsection, the ‘‘$15,000’’; and ‘‘(B) in participating equitably in the full term ‘socially disadvantaged farmer or rancher’ (C) by striking ‘‘1 year’’ and inserting ‘‘2 range of agricultural programs offered by the has the meaning given the term in section 355(e) years’’; and Department. of the Consolidated Farm and Rural Develop- (2) in subsection (g)(2)(B), by inserting at the ‘‘(3) REQUIREMENTS.—The outreach and tech- ment Act (7 U.S.C. 2003(e)). end before the semicolon the following: ‘‘or from nical assistance program under paragraph (2) ‘‘(2) ESTABLISHMENT OF POSITION.—The Sec- any State into any foreign country’’. shall— retary shall establish within the Department the (b) EFFECTIVE DATE.—The amendments made ‘‘(A) enhance coordination of the outreach, position of Assistant Secretary of Agriculture by this section take effect 30 days after the date technical assistance, and education efforts au- for Civil Rights. of the enactment of this Act. thorized under various agriculture programs; ‘‘(3) APPOINTMENT.—The Assistant Secretary SEC. 1053. PROHIBITION ON INTERSTATE MOVE- and of Agriculture for Civil Rights shall be ap- MENT OF ANIMALS FOR ANIMAL ‘‘(B) include information on, and assistance pointed by the President, by and with the ad- FIGHTING. with— vice and consent of the Senate. ROHIBITION ON NTERSTATE OVEMENT (a) P I M ‘‘(i) commodity, conservation, credit, rural, ‘‘(4) DUTIES.—The Assistant Secretary of Agri- OF ANIMALS FOR ANIMAL FIGHTING.—Section and business development programs; culture for Civil Rights shall— 26(d) of the Animal Welfare Act (7 U.S.C. ‘‘(ii) application and bidding procedures; ‘‘(A) enforce and coordinate compliance with ‘‘(iii) farm and risk management; 2156(d)) is amended to read as follows: all civil rights laws and related laws— ‘‘(d) ACTIVITIES NOT SUBJECT TO PROHIBI- ‘‘(iv) marketing; and ‘‘(i) by the agencies of the Department; and TION.—This section does not apply to the sell- ‘‘(v) other activities essential to participation ‘‘(ii) under all programs of the Department ing, buying, transporting, or delivery of an ani- in agricultural and other programs of the De- (including all programs supported with Depart- mal in interstate or foreign commerce for any partment. ment funds); purpose, so long as the purpose does not include ‘‘(4) GRANTS AND CONTRACTS.— ‘‘(B) ensure that— participation of the animal in an animal fight- ‘‘(A) IN GENERAL.—The Secretary may make ‘‘(i) the Department has measurable goals for ing venture.’’. grants to, and enter into contracts and other treating customers and employees fairly and on (b) EFFECTIVE DATE.—The amendment made agreements with, an eligible entity to provide in- a nondiscriminatory basis; and by this section take effect 30 days after the date formation and technical assistance under this ‘‘(ii) the goals and the progress made in meet- of the enactment of this Act. subsection. ‘‘(B) RELATIONSHIP TO OTHER LAW.—The au- ing the goals are included in— SEC. 1054. OUTREACH AND ASSISTANCE FOR SO- ‘‘(I) strategic plans of the Department; and CIALLY DISADVANTAGED FARMERS thority to carry out this section shall be in addi- AND RANCHERS. tion to any other authority provided in this or ‘‘(II) annual reviews of the plans; (a) IN GENERAL.—Section 2501 of the Food, any other Act. ‘‘(C) compile and publicly disclose data used Agriculture, Conservation, and Trade Act of ‘‘(5) FUNDING.— in assessing civil rights compliance in achieving 1990 (7 U.S.C. 2279) is amended by striking sub- ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— on a nondiscriminatory basis participation of section (a) and inserting the following: There is authorized to be appropriated to carry socially disadvantaged farmers and ranchers in ‘‘(a) OUTREACH AND ASSISTANCE.— out this subsection $25,000,000 for each of fiscal programs of the Department; ‘‘(1) DEFINITIONS.—In this subsection: years 2002 through 2006. ‘‘(D)(i) hold Department agency heads and ‘‘(A) DEPARTMENT.—The term ‘Department’ ‘‘(B) INTERAGENCY FUNDING.—In addition to senior executives accountable for civil rights means the Department of Agriculture. funds authorized to be appropriated under sub- compliance and performance; and ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible en- paragraph (A), any agency of the Department ‘‘(ii) assess performance of Department agency tity’ means— may participate in any grant, contract, or heads and senior executives on the basis of suc- ‘‘(i) any community-based organization, net- agreement entered into under this section by cess made in those areas; work, or coalition of community-based organiza- contributing funds, if the agency determined ‘‘(E) ensure, to the maximum extent tions that— that the objectives of the grant, contract, or practicable— ‘‘(I) has demonstrated experience in providing agreement will further the authorized programs ‘‘(i) a sufficient level of participation by so- agricultural education or other agriculturally of the contributing agency.’’. cially disadvantaged farmers and ranchers in

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deliberations of county and area committees es- under clause (i) shall consist of not fewer than ‘‘(bb) INCLUSION.—The procedures promul- tablished under section 8(b) of the Soil Con- 3 nor more than 5 members that— gated by the Secretary under item (aa) shall en- servation and Domestic Allotment Act (16 U.S.C. ‘‘(I) are fairly representative of the agricul- sure fair representation of socially disadvan- 590h(b)); and tural producers within the area covered by the taged groups described in subclause (III)(bb) in ‘‘(ii) that participation data and election re- county, area, or local committee; and an area covered by the county, area, or local sults involving the committees are made avail- ‘‘(II) are elected by the agricultural producers committee, in cases in which those groups are able to the public; and that participate or cooperate in programs ad- underrepresented on the county, area, or local ‘‘(F) perform such other functions as may be ministered within the area under the jurisdic- committee for that area. prescribed by the Secretary.’’. tion of the county, area, or local committee. ‘‘(cc) METHODS OF INCLUSION.—Notwith- (b) COMPENSATION.—Section 5315 of title 5, ‘‘(iii) ELECTIONS.— standing clause (ii), the Secretary may ensure United States Code, is amended by striking ‘‘As- ‘‘(I) IN GENERAL.—Subject to subclauses (II) inclusion of socially disadvantaged farmers and sistant Secretaries of Agriculture (2)’’ and in- through (V), the Secretary shall establish proce- ranchers through provisions allowing for ap- serting ‘‘Assistant Secretaries of Agriculture dures for nominations and elections to county, pointment of additional voting members to a (3)’’. area, or local committees. county, area, or local committee or through (c) CONFORMING AMENDMENTS.—Section 296(b) ‘‘(II) NONDISCRIMINATION STATEMENT.—Each other methods. of the Department of Agriculture Reorganiza- solicitation of nominations for, and notice of ‘‘(iv) TERM OF OFFICE.—The term of office for tion Act of 1994 (7 U.S.C. 7014(b)) is amended— elections of, a county, area, or local committee a member of a county, area, or local committee (1) in paragraph (3), by striking ‘‘or’’ at the shall include the nondiscrimination statement shall not exceed 3 years. end; used by the Secretary. ‘‘(v) PUBLIC AVAILABILITY AND REPORT TO (2) in paragraph (4), by striking the period at ‘‘(III) NOMINATIONS.— CONGRESS.— ‘‘(I) PUBLIC DISCLOSURE.—The Secretary shall the end and inserting ‘‘; or’’; and ‘‘(aa) ELIGIBILITY.—To be eligible for nomina- maintain and make readily available to the pub- (3) by adding at the end the following: tion and election to the applicable county, area, ‘‘(5) the authority of the Secretary to establish or local committee, as determined by the Sec- lic, via website and otherwise in electronic and paper form, all data required to be collected and within the Department the position of Assistant retary, an agricultural producer shall be located computed under section 2501A(c) of the Food, Secretary of Agriculture for Civil Rights under within the area under the jurisdiction of a Agriculture, Conservation, and Trade Act of section 218(f).’’. county, area, or local committee, and partici- pate or cooperate in programs administered 1990 and clause (iii)(V) collected annually since SEC. 1057. TRANSPARENCY AND ACCOUNTABILITY the most recent Census of Agriculture. FOR SOCIALLY DISADVANTAGED within that area. ‘‘(II) REPORT TO CONGRESS.—After each Cen- FARMERS AND RANCHERS; PUBLIC ‘‘(bb) OUTREACH.—In addition to such nomi- sus of Agriculture, the Secretary shall report to DISCLOSURE REQUIREMENTS FOR nating procedures as the Secretary may pre- Congress the rate of loss or gain in participation COUNTY COMMITTEE ELECTIONS. scribe, the Secretary shall solicit and accept by each socially disadvantaged group, by race, (a) TRANSPARENCY AND ACCOUNTABILITY FOR nominations from organizations representing the ethnicity, and gender, since the previous Cen- SOCIALLY DISADVANTAGED FARMERS AND RANCH- interests of socially disadvantaged groups (as sus.’’. ERS.—The Food, Agriculture, Conservation, and defined in section 355(e)(1) of the Consolidated SEC. 1058. ANIMAL ENTERPRISE TERRORISM. Trade Act of 1990 is amended by inserting after Farm and Rural Development Act (7 U.S.C. (a) IN GENERAL.—Section 43 of title 18, United section 2501 (7 U.S.C. 2279) the following: 2003(e)(1)). States Code, is amended— ‘‘SEC. 2501A. TRANSPARENCY AND ACCOUNT- ‘‘(IV) OPENING OF BALLOTS.— (1) by striking subsections (a) and (b) and in- ABILITY FOR SOCIALLY DISADVAN- ‘‘(aa) PUBLIC NOTICE.—At least 10 days before TAGED FARMERS AND RANCHERS. serting the following: the date on which ballots are to be opened and ‘‘(a) OFFENSE.— ‘‘(a) PURPOSE.—The purpose of this section is counted, a county, area, or local committee shall ‘‘(1) IN GENERAL.—It shall be unlawful for a to ensure compilation and public disclosure of announce the date, time, and place at which person to— data to assess and hold the Department of Agri- election ballots will be opened and counted. ‘‘(A) travel in interstate or foreign commerce, culture accountable for the nondiscriminatory ‘‘(bb) OPENING OF BALLOTS.—Election ballots or use or cause to be used the mail or any facil- participation of socially disadvantaged farmers shall not be opened until the date and time an- ity in interstate or foreign commerce, for the and ranchers in programs of the Department. nounced under item (aa). purpose of causing physical disruption to the ‘‘(b) DEFINITION OF SOCIALLY DISADVANTAGED ‘‘(cc) OBSERVATION.—Any person may observe functioning of an animal enterprise; and FARMER OR RANCHER.—In this section, the term the opening and counting of the election ballots. ‘‘(B) intentionally damage or cause the loss of ‘socially disadvantaged farmer or rancher’ has ‘‘(V) REPORT OF ELECTION.—Not later than 20 any property (including an animal or record) the meaning given the term in section 355(e) of days after the date on which an election is held, used by the animal enterprise, or conspire to do the Consolidated Farm and Rural Development a county, area, or local committee shall file an so. Act (7 U.S.C. 2003(e)). election report with the Secretary and the State ‘‘(b) PENALTIES.— ‘‘(c) COMPILATION OF PROGRAM PARTICIPA- office of the Farm Service Agency that ‘‘(1) ECONOMIC DAMAGE.—A person that, in TION DATA.— includes— the course of a violation of subsection (a), ‘‘(1) ANNUAL REQUIREMENT.—For each county ‘‘(aa) the number of eligible voters in the area causes economic damage to an animal enterprise and State in the United States, the Secretary covered by the county, area, or local committee; in an amount less than $10,000 shall be impris- shall compute annually the participation rate of ‘‘(bb) the number of ballots cast in the election oned not more than 6 months, fined under this socially disadvantaged farmers and ranchers as by eligible voters (including the percentage of el- title, or both. a percentage of the total participation of all igible voters that cast ballots); ‘‘(2) MAJOR ECONOMIC DAMAGE.—A person farmers and ranchers for each program of the ‘‘(cc) the number of ballots disqualified in the that, in the course of a violation of subsection Department of Agriculture established for farm- election; (a), causes economic damage to an animal enter- ers or ranchers. ‘‘(dd) the percentage that the number of bal- prise in an amount equal to or greater than ‘‘(2) DETERMINATION OF PARTICIPATION.—In lots disqualified is of the number of ballots re- $10,000 shall be imprisoned not more than 3 determining the rates under paragraph (1), the ceived; years, fined under this title, or both. Secretary shall consider, for each county and ‘‘(ee) the number of nominees for each seat up ‘‘(3) SERIOUS BODILY INJURY.—A person that, State, the number of socially disadvantaged for election; in the course of a violation of subsection (a), farmers and ranchers of each race, ethnicity, ‘‘(ff) the race, ethnicity, and gender of each causes serious bodily injury to another indi- and gender in proportion to the total number of nominee, as provided through the voluntary vidual shall be imprisoned not more than 20 farmers and ranchers participating in each pro- self-identification of each nominee; and years, fined under this title, or both. gram.’’. ‘‘(gg) the final election results (including the ‘‘(4) DEATH.—A person that, in the course of (b) PUBLIC DISCLOSURE REQUIREMENTS FOR number of ballots received by each nominee). a violation of subsection (a), causes the death of COUNTY COMMITTEE ELECTIONS.—Section 8(b)(5) ‘‘(VI) NATIONAL REPORT.—Not later than 90 an individual shall be imprisoned for life or for of the Soil Conservation and Domestic Allotment days after the date on which the first election of any term of years, fined under this title, or Act (16 U.S.C. 590h(b)(5)) is amended by striking a county, area, or local committee that occurs both.’’; and subparagraph (B) and inserting the following: after the date of enactment of the Agriculture, (2) in subsection (c)— ‘‘(B) ESTABLISHMENT AND ELECTIONS FOR Conservation, and Rural Enhancement Act of (A) in the matter preceding paragraph (1), by COUNTY, AREA, OR LOCAL COMMITTEES.— 2002 is held, the Secretary shall complete a re- striking ‘‘restitution—’’ and inserting ‘‘restitu- ‘‘(i) ESTABLISHMENT.— port that consolidates all the election data re- tion for—’’; (B) in paragraph (1)— ‘‘(I) IN GENERAL.—In each county or area in ported to the Secretary under subclause (V). (i) by striking ‘‘for’’; and which activities are carried out under this sec- ‘‘(VII) ELECTION REFORM.— (ii) by striking ‘‘and’’ at the end; tion, the Secretary shall establish a county or ‘‘(aa) ANALYSIS.—If determined necessary by (C) in paragraph (2), by striking the period at area committee. the Secretary after analyzing the data con- the end and inserting ‘‘; and’’; and ‘‘(II) LOCAL ADMINISTRATIVE AREAS.—The Sec- tained in the report under subclause (VI), the (D) by adding at the end the following: retary may designate local administrative areas Secretary shall promulgate and publish in the ‘‘(3) any other economic damage resulting within a county or a larger area under the juris- Federal Register proposed uniform guidelines for from the offense.’’. diction of a committee established under sub- conducting elections for members and alternate SEC. 1059. PSEUDORABIES ERADICATION PRO- clause (I). members of county, area, and local committees GRAM. ‘‘(ii) COMPOSITION OF COUNTY, AREA, OR not later than 1 year after the date of comple- Section 2506(d) of the Food, Agriculture, Con- LOCAL COMMITTEES.—A committee established tion of the report. servation, and Trade Act of 1990 (21 U.S.C.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00146 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.024 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1125 114i(d)) is amended by striking ‘‘2002’’ and in- to be appropriated such sums as are necessary (II) serve as chairperson. serting ‘‘2006’’. to carry out this section for each of fiscal years (B) ELIGIBILITY.—Members of the SEC. 1060. TRANSPORTATION OF POULTRY AND 2002 through 2006.’’. Commission— OTHER ANIMALS. (b) APPLICATION DATE.—The amendment (i) shall be knowledgeable or have expertise or Section 5402(d)(2) of title 39, United States made by subsection (a) shall apply to tree losses training in matters under the jurisdiction of the Code (as amended by section 651(2) of Public that are incurred as a result of a natural dis- Commission; Law 107–67 (115 Stat. 557)), is amended by strik- aster after January 1, 2000. (ii) shall represent, at a minimum— ing subparagraph (C). SEC. 1063. PRECLEARANCE QUARANTINE INSPEC- (I) consumer groups; TIONS. SEC. 1061. EMERGENCY GRANTS TO ASSIST LOW- (II) food processors, producers, and retailers; INCOME MIGRANT AND SEASONAL The Food, Agriculture, Conservation, and (III) public health professionals; FARMWORKERS. Trade Act of 1990 is amended by inserting after (IV) food inspectors; Section 2281 of the Food, Agriculture, Con- section 2505 (Public Law 101–624; 104 Stat. 4068) (V) former or current food safety regulators; servation, and Trade Act of 1990 (42 U.S.C. the following: (VI) members of academia; or 5177a) is amended— ‘‘SEC. 2505A. PRECLEARANCE QUARANTINE IN- (VII) any other interested individuals; and (1) in subsection (a), by striking ‘‘, not to ex- SPECTIONS. (iii) shall not be Federal employees. ceed $20,000,000 annually,’’; and ‘‘(a) IN GENERAL.—Subject to subsection (b), (C) DATE OF APPOINTMENTS.—The appoint- (2) by striking subsection (c) and inserting the the Secretary of Agriculture, acting through the ment of a member of the Commission shall be following: Administrator of the Animal and Plant Health made not later than 60 days after the date of en- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Inspection Service, shall conduct, at all direct actment of this Act. There is authorized to be appropriated to carry departure and interline airports in the State of (D) CONSULTATION.—The Speaker of the out this section $40,000,000 for each of fiscal Hawaii, preclearance quarantine inspections of House of Representatives, the Minority Leader years 2002 through 2006.’’. persons, baggage, cargo, and any other articles of the House of Representatives, the Majority destined for movement from the State of Hawaii Leader of the Senate, and the Minority Leader SEC. 1062. TREE ASSISTANCE PROGRAM. to— of the Senate shall consult among themselves (a) IN GENERAL.—Section 194 of the Federal ‘‘(1) the continental United States; prior to appointing the members of the Commis- Agriculture Improvement and Reform Act of ‘‘(2) Guam; sion under subparagraph (A) to achieve, to the 1996 (Public Law 104–127; 110 Stat. 945) is ‘‘(3) Puerto Rico; or maximum extent practicable— amended to read as follows: ‘‘(4) the Virgin Islands of the United States. (i) consensus on the appointments; and ‘‘SEC. 194. TREE ASSISTANCE PROGRAM. ‘‘(b) LIMITATION.—Subsection (a) shall not be (ii) fair and equitable representation of var- ‘‘(a) DEFINITIONS.—In this section: implemented unless appropriations for necessary ious points of view with respect to matters re- ‘‘(1) ELIGIBLE ORCHARDIST.—The term ‘eligible expenses of the Animal and Plant Health In- viewed by the Commission. orchardist’ means a person that produces an- spection Service for inspection, quarantine, and (E) VACANCIES.—A vacancy on the nual crops from trees for commercial purposes, regulatory activities are increased by an amount Commission— ‘‘(2) NATURAL DISASTER.—The term ‘natural not less than $3,000,000 in a fiscal year 2002 ap- (i) shall not affect the powers of the Commis- disaster’ means plant disease, insect infestation, propriation Act other than the Agriculture, sion; and drought, fire, freeze, flood, earthquake, and Rural Development, Food and Drug Administra- (ii) shall be filled— other natural occurrences, as determined by the tion, and Related Agencies Appropriations Act, (I) not later than 60 days after the date on Secretary. 2002 (Public Law 107–76).’’. which the vacancy occurs; and ‘‘(3) TREE.—The term ‘tree’ includes trees, SEC. 1064. EMERGENCY LOANS FOR SEED PRO- (II) in the same manner as the original ap- bushes, and vines. DUCERS. pointment was made. ‘‘(4) SECRETARY.—The term ‘Secretary’ means Section 253(b)(5)(B) of the Agricultural Risk (3) MEETINGS.— the Secretary of Agriculture. Protection Act of 2000 (Public Law 106–224; 114 (A) INITIAL MEETING.—The initial meeting of ‘‘(b) ELIGIBILITY.— Stat. 423) is amended by striking ‘‘18 months’’ the Commission shall be conducted not later ‘‘(1) LOSS.—Subject to paragraph (2), the Sec- and inserting ‘‘54 months’’. than 30 days after the later of— retary shall provide assistance in accordance SEC. 1065. NATIONAL ORGANIC CERTIFICATION (i) the date of appointment of the final mem- with subsection (c) to eligible orchardists that, COST-SHARE PROGRAM. ber of the Commission; or as determined by the Secretary— (a) IN GENERAL.—Of funds of the Commodity (ii) the date on which funds authorized to be ‘‘(A) planted trees for commercial purposes; Credit Corporation, the Secretary of Agriculture appropriated under subsection (f)(1) are made and (acting through the Agricultural Marketing available. ‘‘(B) lost those trees as a result of a natural Service) shall use $3,500,000 for fiscal year 2002, (B) OTHER MEETINGS.—The Commission shall disaster. $3,500,000 for each of fiscal years 2003 and 2004, meet at the call of the Chairperson. ‘‘(2) LIMITATION.—An eligible orchardist shall and $3,000,000 for fiscal year 2005 to establish a (4) QUORUM; STANDING RULES.— qualify for assistance under subsection (c) only national organic certification cost-share pro- (A) QUORUM.—A majority of the members of if the tree mortality rate of the orchardist, as a gram to assist producers and handlers of agri- the Commission shall constitute a quorum to result of the natural disaster, exceeds 15 percent cultural products in obtaining certification conduct business. (adjusted for normal mortality), as determined under the national organic production program (B) STANDING RULES.—At the first meeting of by the Secretary. established under the Organic Foods Production the Commission, the Commission shall adopt ‘‘(c) ASSISTANCE.— Act of 1990 (7 U.S.C. 6501 et seq.). standing rules of the Commission to guide the ‘‘(1) IN GENERAL.—Assistance provided by the (b) FEDERAL SHARE.— conduct of business and decisionmaking of the Secretary to eligible orchardists for losses de- (1) IN GENERAL.—Subject to paragraph (2), the Commission. scribed in subsection (b) shall consist of— Secretary shall pay under this section not more (C) CONSENSUS.— ‘‘(A) reimbursement of 75 percent of the cost of than 75 percent of the costs incurred by a pro- (i) IN GENERAL.—To the maximum extent prac- replanting trees lost due to a natural disaster, ducer or handler in obtaining certification ticable, the Commission shall carry out the du- as determined by the Secretary, in excess of 15 under the national organic production program, ties of the Commission by reaching consensus. percent mortality (adjusted for normal mor- as certified to and approved by the Secretary. (ii) VOTING.— AXIMUM AMOUNT tality); or (2) M .—The maximum (I) IN GENERAL.—If the Commission is unable ‘‘(B) at the discretion of the Secretary, suffi- amount of a payment made to a producer or to achieve consensus with respect to a par- cient tree seedlings to reestablish the stand. handler under this section shall be $500. ticular decision, the Commission shall vote on ‘‘(2) LIMITATION ON ASSISTANCE.— SEC. 1066. FOOD SAFETY COMMISSION. the decision. ‘‘(A) LIMITATION.—The total amount of pay- (a) ESTABLISHMENT.— (II) AUTHORITY.—Each member of the Com- ments that a person may receive under this sec- (1) IN GENERAL.—There is established a com- mission shall have 1 vote, which vote shall be tion shall not exceed— mission to be known as the ‘‘Food Safety Com- accorded the same weight as a vote of each ‘‘(i) $100,000; or mission’’ (referred to in this section as the other voting member. ‘‘(ii) an equivalent value in tree seedlings. ‘‘Commission’’). (b) DUTIES.— (2) MEMBERSHIP.— ‘‘(B) REGULATIONS.—The Secretary shall pro- (1) RECOMMENDATIONS.— (A) COMPOSITION.—The Commission shall be mulgate regulations that— (A) IN GENERAL.—The Commission shall make composed of 15 members, of whom— ‘‘(i) define the term ‘person’ for the purposes (i) 4 shall be appointed by the Majority Lead- specific recommendations that build on and im- of this section (which definition shall conform, er of the Senate; plement, to the maximum extent practicable, the to the extent practicable, to the regulations de- (ii) 3 shall be appointed by the Minority Lead- recommendations contained in the report of the fining the term ‘person’ promulgated under sec- er of the Senate; National Academy of Sciences entitled ‘‘Ensur- tion 1001 of the Food Security Act of 1985 (7 (iii) 4 shall be appointed by the Speaker of the ing Safe Food from Production to Consumption’’ U.S.C. 1308); and House of Representatives; and that shall serve as the basis for draft legis- ‘‘(ii) prescribe such rules as the Secretary de- (iv) 3 shall be appointed by the Minority lative language to— termines are necessary to ensure a fair and rea- Leader of the House of Representatives; and (i) improve the food safety system; sonable application of the limitation established (v) 1 shall— (ii) improve public health; under this section. (I) be appointed jointly by the Speaker of the (iii) create a harmonized, central framework ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— House of Representatives and the Majority for managing Federal food safety programs (in- Notwithstanding section 161, there is authorized Leader of the Senate; and cluding outbreak management, standard-setting,

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inspection, monitoring, surveillance, risk assess- (I) to an employee of the Commission de- (B) REPORT.—A contract under subparagraph ment, enforcement, research, and education); scribed in clause (i), for the purpose of receiv- (A) shall require that, not later than 240 days (iv) enhance the effectiveness of Federal food ing, reviewing, or processing the information; after the date on which the Commission first safety resources; and (II) in compliance with a court order; or meets, the Advisory Commission on Intergovern- (v) eliminate, to the maximum extent prac- (III) in any case in which the information is mental Relations shall submit to the Commission ticable, gaps, conflicts, duplication, and failures publicly released by the Commission in an ag- a report that describes the results of the services in the food safety system. gregate or summary form that does not directly rendered by the Advisory Commission on Inter- (B) COMPONENTS.—Recommendations made by or indirectly disclose— governmental Relations under the contract. the Commission under subparagraph (A) shall, (aa) the identity of any person or business en- (2) NATIONAL ACADEMY OF SCIENCES.— at a minimum, address— tity; or (A) IN GENERAL.—In carrying out the duties of (i) all food available commercially in the (bb) any information the release of which is the Commission under subsection (b), the Com- United States, including meat, poultry, eggs, prohibited under section 1905 of title 18, United mission may enter in contracts with the Na- seafood, and produce; States Code. tional Academy of Sciences to obtain research or (ii) the application of all resources based on (d) COMMISSION PERSONNEL MATTERS.— other assistance. (1) COMPENSATION OF MEMBERS.—A member of risk, including resources for inspection, re- (B) REPORT.—A contract under subparagraph the Commission shall be compensated at a rate search, enforcement, and education; (A) shall require that, not later than 240 days equal to the daily equivalent of the annual rate (iii) shortfalls, redundancy, and inconsistency after the date on which the Commission first of basic pay prescribed for level IV of the Execu- in laws (including regulations); and meets, the National Academy of Sciences shall tive Schedule under section 5315 of title 5, (iv) the use of science-based methods, perform- submit to the Commission a report that describes United States Code, for each day (including ance standards, and preventative control sys- the results of the services to be rendered by the travel time) during which the member is engaged tems to ensure the safety of the food supply of National Academy of Sciences under the con- in the performance of the duties of the Commis- the United States. tract. (2) REPORT.—Not later than 1 year after the sion. (3) OTHER ORGANIZATIONS.—Nothing in this date on which the Commission first meets, the (2) TRAVEL EXPENSES.—A member of the Com- subsection limits or otherwise affects the ability Commission shall submit to the President and mission shall be allowed travel expenses, includ- of the Commission to enter into a contract with Congress a comprehensive report that includes— ing per diem in lieu of subsistence, at rates au- (A) the findings, conclusions, and rec- thorized for an employee of an agency under an entity or organization that is not described ommendations of the Commission; subchapter I of chapter 57 of title 5, United in paragraph (1) or (2) to obtain assistance in (B) a summary of any reports submitted to the States Code, while away from the home or reg- conducting research necessary to carry out the Commission under subsection (e) by— ular place of business of the member in the per- duties of the Commission under subsection (b). (i) the Advisory Commission on Intergovern- formance of the duties of the Commission. (f) AUTHORIZATION OF APPROPRIATIONS.— mental Relations; and (3) STAFF.— (1) IN GENERAL.—There is authorized to be ap- (ii) the National Academy of Sciences; (A) IN GENERAL.—The Chairperson of the propriated to carry out this section $3,000,000. (C) a summary of any other material used by Commission may, without regard to the civil (2) LIMITATION.—No payment may be made the Commission in the preparation of the report service laws (including regulations), appoint under subsection (d) or (e) except to the extent under this paragraph; and and terminate an executive director and such provided for in advance in an appropriations (D) if requested by 1 or more members of the other additional personnel as are necessary to Act. Commission, a statement of the minority views enable the Commission to perform the duties of (g) TERMINATION.—The Commission shall ter- of the Commission. the Commission. minate on the date that is 60 days after the date (c) POWERS OF THE COMMISSION.— (B) CONFIRMATION OF EXECUTIVE DIRECTOR.— on which the Commission submits the rec- (1) HEARINGS.—The Commission or, at the di- The employment of an executive director shall ommendations and report under subsection (b). rection of the Commission, any subcommittee or be subject to confirmation by the Commission. SEC. 1067. HUMANE METHODS OF ANIMAL member of the Commission, may, for the purpose (C) COMPENSATION.— SLAUGHTER. of carrying out this section hold such hearings, (i) IN GENERAL.—Except as provided in clause It is the sense of Congress that— meet and act at such times and places, take (ii), the Chairperson of the Commission may fix (1) the Secretary of Agriculture should— such testimony, receive such evidence, and ad- the compensation of the executive director and (A) resume tracking the number of violations minister such oaths, as the Commission or such other personnel without regard to the provisions of Public Law 85–765 (7 U.S.C. 1901 et seq.) and subcommittee or member considers advisable. of chapter 51 and subchapter III of chapter 53 report the results and relevant trends annually (2) WITNESS ALLOWANCES AND FEES.— of title 5, United States Code, relating to classi- to Congress; and (A) IN GENERAL.—Section 1821 of title 28, fication of positions and General Schedule pay (B) fully enforce Public Law 85–765 by ensur- United States Code, shall apply to a witness re- rates. ing that humane methods in the slaughter of quested to appear at a hearing of the Commis- (ii) MAXIMUM RATE OF PAY.—The rate of pay livestock— sion. for the executive director and other personnel (i) prevent needless suffering; (B) EXPENSES.—The per diem and mileage al- shall not exceed the rate payable for level V of (ii) result in safer and better working condi- lowances for a witness shall be paid from funds the Executive Schedule under section 5316 of tions for persons engaged in the slaughtering of available to pay the expenses of the Commission. title 5, United States Code. livestock; (3) INFORMATION FROM FEDERAL AGENCIES.— (4) DETAIL OF FEDERAL GOVERNMENT EMPLOY- (iii) bring about improvement of products and (A) IN GENERAL.—The Commission may secure EES.— economies in slaughtering operations; and directly, from any Federal Department or agen- (A) IN GENERAL.—Notwithstanding any other (iv) produce other benefits for producers, proc- cy, such information as the Commission con- provision of law (including an Act of appropria- essors, and consumers that tend to expedite an siders necessary to carry out the duties of the tion), an employee of the Federal Government orderly flow of livestock and livestock products Commission under subsection (b). may be detailed to the Commission, without re- in interstate and foreign commerce; and (B) PROVISION OF INFORMATION.— imbursement, for such period of time as the (2) it should be the policy of the United States (i) IN GENERAL.—Subject to subparagraph (C), Commission may require. that the slaughtering of livestock and the han- on the request of the Commission, the head of a (B) CIVIL SERVICE STATUS.—The detail of the dling of livestock in connection with slaughter department or agency described in subpara- employee shall be without interruption or loss of shall be carried out only by humane methods. graph (A) shall furnish information requested civil service status or privilege. by the Commission to the Commission. (5) PROCUREMENT OF TEMPORARY AND INTER- SEC. 1068. PENALTIES FOR VIOLATIONS OF (ii) ADMINISTRATION.—The furnishing of in- MITTENT SERVICES.—The Chairperson of the PLANT PROTECTION ACT. formation by a department or agency to the Commission may procure temporary and inter- Section 424 of the Plant Protection Act (7 Commission shall not be considered a waiver of mittent services in accordance with section U.S.C. 7734) is amended— any exemption available to the department or 3109(b) of title 5, United States Code, at rates for (1) by striking subsection (a) and inserting the agency under section 552 of title 5, United States individuals that do not exceed the daily equiva- following: Code. lent of the annual rate of basic pay prescribed ‘‘(a) CRIMINAL PENALTIES.— (C) INFORMATION TO BE KEPT CONFIDENTIAL.— for level V of the Executive Schedule under sec- ‘‘(1) IN GENERAL.—A person that knowingly (i) IN GENERAL.—For purposes of section 1905 tion 5316 of that title. violates this title shall be subject to criminal of title 18, United States Code— (e) CONTRACTS FOR RESEARCH.— penalties in accordance with this subsection. (I) the Commission shall be considered an (1) ADVISORY COMMISSION ON INTERGOVERN- ‘‘(2) MAJOR VIOLATIONS.— agency of the Federal Government; and MENTAL RELATIONS.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (II) any individual employed by an indi- (A) IN GENERAL.—In carrying out the duties of (B) and (C), a person that commits a violation vidual, entity, or organization that is a party to the Commission under subsection (b), the Com- of this title described in this subparagraph shall a contract with the Commission under sub- mission may enter into contracts with the Advi- be guilty of a felony and, on conviction, shall be section (e) shall be considered an employee of sory Commission on Intergovernmental Rela- imprisoned not more than 5 years, fined not the Commission. tions under which the Advisory Commission on more than $25,000, or both, in the case of a vio- (ii) PROHIBITION ON DISCLOSURE.—Information Intergovernmental Relations shall conduct a lation of this title involving— obtained by the Commission, other than infor- thorough review of, and shall catalogue, all ap- ‘‘(i) plant pests; mation that is available to the public, shall not plicable Federal, State, local, and tribal laws, ‘‘(ii) more than 50 pounds of plants; be disclosed to any person in any manner regulations, and ordinances that pertain to food ‘‘(iii) more than 5 pounds of plant products; except— safety in the United States. ‘‘(iv) more than 50 pounds of noxious weeds;

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‘‘(v) possession with intent to distribute or sell (4) by inserting after subsection (c) (as redes- (c) PURPOSE.—The purpose of this section is to items described in clause (i), (ii), (iii), or (iv), ignated by paragraph (2)) the following: ensure the long-term viability of the world’s 8 knowing the items have been involved in a vio- ‘‘(c) CIVIL FORFEITURE.— bear species by— lation of this title; or ‘‘(1) IN GENERAL.—There shall be subject to (1) prohibiting interstate and international ‘‘(vi) forging, counterfeiting, or without au- forfeiture to the United States any property, trade in bear viscera and products containing, thority from the Secretary, using, altering, de- real or personal— or labeled or advertised as containing, bear facing, or destroying a certificate, permit, or ‘‘(A) used to commit or used knowingly to fa- viscera; other document provided under this title. cilitate the commission of a violation (other (2) encouraging bilateral and multilateral ef- ‘‘(B) MULTIPLE VIOLATIONS.—On the second than a misdemeanor) described in subsection forts to eliminate such trade; and and any subsequent conviction of a person of a (a); or (3) ensuring that adequate Federal legislation violation of this title described in subparagraph ‘‘(B) constituting, derived from, or traceable exists with respect to domestic trade in bear (A), the person shall be imprisoned not more to proceeds of a violation described in subsection viscera and products containing, or labeled or than 10 years or fined not more than $50,000, or (a). advertised as containing, bear viscera. both. ‘‘(2) PROCEDURES.— (d) DEFINITIONS.—In this section: (1) BEAR VISCERA.—The term ‘‘bear viscera’’ ‘‘(C) INTENT TO HARM AGRICULTURE OF UNITED ‘‘(A) IN GENERAL.—Subject to subparagraph means the body fluids or internal organs, in- STATES.—In the case of a knowing movement in (B), the procedures of chapter 46 of title 18, violation of this title by a person of a plant, United States Code, relating to civil forfeitures cluding the gallbladder and its contents but not plant product, biological control organism, plant shall apply to a seizure or forfeiture under this including the blood or brains, of a species of pest, noxious weed, article, or means of convey- subsection, to the extent that the procedures are bear. (2) CITES.—The term ‘‘CITES’’ means the ance into, out of, or within the United States, applicable and consistent with this subsection. Convention on International Trade in Endan- with the intent to harm the agriculture of the ‘‘(B) PERFORMANCE OF DUTIES.—Duties im- gered Species of Wild Fauna and Flora (27 UST United States by introduction into the United posed on the Secretary of the Treasury under 1087; TIAS 8249). States or dissemination of a plant pest or nox- chapter 46 of title 18, United States Code, shall (3) IMPORT.—The term ‘‘import’’ means to be performed with respect to seizures and for- ious weed within the United States, the person land on, bring into, or introduce into any place feitures under this subsection by officers, em- shall be imprisoned not less than 10 nor more subject to the jurisdiction of the United States, ployees, agents, and other persons designated by than 20 years, fined not more than $500,000, or regardless of whether the landing, bringing, or the Secretary of Agriculture.’’. both. introduction constitutes an importation within ‘‘(3) OTHER VIOLATIONS.— SEC. 1069. CONNECTICUT RIVER ATLANTIC SALM- the meaning of the customs laws of the United ‘‘(A) IN GENERAL.—Subject to subparagraph ON COMMISSION. States. (B), a person shall be imprisoned not more than (a) EFFECTIVE PERIOD.—Section 3(2) of Public (4) PERSON.—The term ‘‘person’’ means— 1 year, fined not more than $1,000, or both, in Law 98–138 (Public Law 98–138; 97 Stat. 870) is (A) an individual, corporation, partnership, the case of a violation of this title involving— amended by striking ‘‘twenty’’ and inserting trust, association, or other private entity; ‘‘(i) 50 pounds or less of plants; ‘‘40’’. (B) an officer, employee, agent, department, ‘‘(ii) 5 pounds or less of plant products; or (b) AUTHORIZATION OF APPROPRIATIONS.— or instrumentality of— ‘‘(iii) 50 pounds or less of noxious weeds. Public Law 98–138 (97 Stat. 866) is amended by (i) the Federal Government; ‘‘(B) MULTIPLE VIOLATIONS.—On the second adding at the end the following: (ii) any State or political subdivision of a and any subsequent conviction of a person that ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. State; or commits a violation of this title described in this ‘‘There is authorized to be appropriated to the (iii) any foreign government; and subparagraph shall be guilty of a misdemeanor (C) any other entity subject to the jurisdiction Secretary of the Interior to carry out the activi- and, on conviction, of a violation of this title of the United States. ties of the Connecticut River Atlantic Salmon described in subparagraph (A), the person shall (5) SECRETARY.—The term ‘‘Secretary’’ means Commission $9,000,000 for each of fiscal years be imprisoned not more than 3 years, fined not the Secretary of the Interior. 2002 through 2010.’’. more than $10,000, or both.’’; (6) STATE.—The term ‘‘State’’ means a State, (2) by redesignating subsections (b), (c), and SEC. 1070. BEAR PROTECTION. the District of Columbia, the Commonwealth of (d) as subsections (c), (e), (f), respectively; (a) SHORT TITLE.—This section may be cited Puerto Rico, the Virgin Islands, Guam, the (3) by inserting after subsection (a) the fol- as the ‘‘Bear Protection Act of 2002’’. Commonwealth of the Northern Mariana Is- lowing: (b) FINDINGS.—Congress finds that— lands, American Samoa, and any other terri- ‘‘(b) CRIMINAL FORFEITURE.— (1) all 8 extant species of bear—Asian black tory, commonwealth, or possession of the United ‘‘(1) IN GENERAL.—In imposing a sentence on bear, brown bear, polar bear, American black States. a person convicted of a violation of this title, in bear, spectacled bear, giant panda, sun bear, (7) TRANSPORT.—The term ‘‘transport’’ means addition to any other penalty imposed under and sloth bear—are listed on Appendix I or II of to move, convey, carry, or ship by any means, or this section and irrespective of any provision of the Convention on International Trade in En- to deliver or receive for the purpose of move- State law, a court shall order that the person dangered Species of Wild Fauna and Flora (27 ment, conveyance, carriage, or shipment. forfeit to the United States— UST 1087; TIAS 8249); (e) PROHIBITED ACTS.— ‘‘(A) any of the property of the person used to (2)(A) Article XIV of CITES provides that (1) IN GENERAL.—Except as provided in para- commit or to facilitate the commission of the vio- Parties to CITES may adopt stricter domestic graph (2), a person shall not— (A) import into, or export from, the United lation (other than a misdemeanor); and measures regarding the conditions for trade, States bear viscera or any product, item, or sub- ‘‘(B) any property, real or personal, consti- taking, possession, or transport of species listed stance containing, or labeled or advertised as tuting, derived from, or traceable to any pro- on Appendix I or II; and containing, bear viscera; or ceeds that the person obtained directly or indi- (B) the Parties to CITES adopted a resolution (B) sell or barter, offer to sell or barter, pur- rectly as a result of the violation. in 1997 (Conf. 10.8) urging the Parties to take chase, possess, transport, deliver, or receive, in ‘‘(2) PROCEDURES.—All property subject to for- immediate action to demonstrably reduce the il- interstate or foreign commerce, bear viscera or feiture under this subsection, any seizure and legal trade in bear parts; any product, item, or substance containing, or disposition of the property, and any proceeding (3)(A) thousands of bears in Asia are cruelly labeled or advertised as containing, bear relating to the forfeiture shall be subject to the confined in small cages to be milked for their viscera. procedures of section 413 of the Comprehensive bile; and (2) EXCEPTION FOR WILDLIFE LAW ENFORCE- Drug Abuse Prevention and Control Act of 1970 (B) the wild Asian bear population has de- MENT PURPOSES.—A person described in sub- clined significantly in recent years as a result of (21 U.S.C. 853), other than subsections (d) and section (d)(4)(B) may import into, or export habitat loss and poaching due to a strong de- (q). from, the United States, or transport between ROCEEDS.—The proceeds from the sale of mand for bear viscera used in traditional medi- ‘‘(3) P States, bear viscera or any product, item, or sub- any forfeited property, and any funds forfeited, cines and cosmetics; stance containing, or labeled or advertised as under this subsection shall be used— (4) Federal and State undercover operations containing, bear viscera if the importation, ex- ‘‘(A) first, to reimburse the Department of Jus- have revealed that American bears have been portation, or transportation— tice, the United States Postal Service, and the poached for their viscera; (A) is solely for the purpose of enforcing laws Department of the Treasury for any costs in- (5) while most American black bear popu- relating to the protection of wildlife; and curred by the Departments and the Service to lations are generally stable or increasing, com- (B) is authorized by a valid permit issued initiate and complete the forfeiture proceeding; mercial trade could stimulate poaching and under Appendix I or II of CITES, in any case in ‘‘(B) second, to reimburse the Office of Inspec- threaten certain populations if the demand for which such a permit is required under CITES. tor General of the Department of Agriculture for bear viscera increases; and (f) PENALTIES AND ENFORCEMENT.— any costs incurred by the Office in the law en- (6) prohibitions against the importation into (1) CRIMINAL PENALTIES.—A person that forcement effort resulting in the forfeiture; the United States and exportation from the knowingly violates subsection (e) shall be fined ‘‘(C) third, to reimburse any Federal or State United States, as well as prohibitions against under title 18, United States Code, imprisoned law enforcement agency for any costs incurred the interstate trade, of bear viscera and prod- not more than 1 year, or both. in the law enforcement effort resulting in the ucts containing, or labeled or advertised as con- (2) CIVIL PENALTIES.— forfeiture; and taining, bear viscera will assist in ensuring that (A) AMOUNT.—A person that knowingly vio- ‘‘(D) fourth, by the Secretary to carry out the the United States does not contribute to the de- lates subsection (e) may be assessed a civil pen- functions of the Secretary under this title.’’; cline of any bear population as a result of the alty by the Secretary of not more than $25,000 and commercial trade in bear viscera. for each violation.

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(B) MANNER OF ASSESSMENT AND COLLEC- in the cooperative is held by active cooperative SEC. 1076. COMMERCIAL FISHERIES FAILURE. TION.—A civil penalty under this paragraph members that— (a) IN GENERAL.—In addition to amounts ap- shall be assessed, and may be collected, in the ‘‘(A) own, feed, or control livestock; and propriated or otherwise made available by this manner in which a civil penalty under the En- ‘‘(B) provide the livestock to the cooperative Act, there are appropriated to the Department dangered Species Act of 1973 may be assessed for slaughter; or of Agriculture $10,000,000 for fiscal year 2002, and collected under section 11(a) of that Act (16 ‘‘(3) a packer that is owned or controlled by which shall be transferred to the Commodity U.S.C. 1540(a)). producers of a type of livestock, if during a cal- Credit Corporation to provide, in consultation (3) SEIZURE AND FORFEITURE.—Any bear endar year the packer slaughters less than 2 with the Secretary of Commerce, emergency dis- viscera or any product, item, or substance im- percent of the head of that type of livestock aster assistance for the commercial fishery fail- ported, exported, sold, bartered, attempted to be slaughtered in the United States; or’’. ure under section 308(b)(1) of the Interjurisdic- imported, exported, sold, or bartered, offered for (b) EFFECTIVE DATE.— tional Fisheries Act of 1986 (16 U.S.C. 4107(b)(1)) sale or barter, purchased, possessed, trans- (1) IN GENERAL.—Subject to paragraph (2), the with respect to Northeast multispecies fisheries. ported, delivered, or received in violation of this amendments made by subsection (a) take effect (b) PROGRAM REQUIREMENTS.—Amounts made subsection (including any regulation issued on the date of enactment of this Act. available under this section shall be used to under this subsection) shall be seized and for- (2) TRANSITION RULES.—In the case of a pack- support a voluntary fishing capacity reduction feited to the United States. er that on the date of enactment of this Act program in the Northeast multispecies fishery (4) REGULATIONS.—After consultation with the owns, feeds, or controls livestock intended for that— Secretary of the Treasury and the United States slaughter in violation of section 202(f) of the (1) is certified by the Secretary of Commerce to Trade Representative, the Secretary shall issue Packers and Stockyards Act, 1921 (as amended be consistent with section 312(b) of the Magnu- such regulations as are necessary to carry out by subsection (a)), the amendments made by son-Stevens Fishery Conservation and Manage- this subsection. subsection (a) apply to the packer— ment Act (16 U.S.C. 1861a(b)); and (5) ENFORCEMENT.—The Secretary, the Sec- (A) in the case of a packer of swine, beginning (2) permanently revokes multispecies limited retary of the Treasury, and the Secretary of the on the date that is 18 months after the date of access fishing permits so as to obtain the max- department in which the Coast Guard is oper- enactment of this Act; and imum sustained reduction in fishing capacity at ating shall enforce this subsection in the man- (B) in the case of a packer of any other type the least cost and in the minimum period of time ner in which the Secretaries carry out enforce- of livestock, beginning as soon as practicable, and to prevent the replacement of fishing capac- ment activities under section 11(e) of the Endan- but not later than 180 days, after the date of en- ity removed by the program. gered Species Act of 1973 (16 U.S.C. 1540(e)). actment of this Act, as determined by the Sec- (c) APPLICATION OF INTERIM FINAL RULE.— (6) USE OF PENALTY AMOUNTS.—Amounts re- retary of Agriculture. The program shall be carried out in accordance ceived as penalties, fines, or forfeiture of prop- SEC. 1073. EQUITY AND FAIRNESS FOR THE PRO- with the Interim Final Rule under part 648 of erty under this subsection shall be used in ac- MOTION OF IMPORTED HASS AVOCA- title 50, Code of Federal Regulations, or any cordance with section 6(d) of the Lacey Act DOS. corresponding regulation or rule promulgated Amendments of 1981 (16 U.S.C. 3375(d)). Section 1205 of the Hass Avocado Promotion, thereunder. (g) DISCUSSIONS CONCERNING BEAR CONSERVA- Research, and Information Act (contained in (d) SUNSET.—The authority provided by sub- TION AND THE BEAR PARTS TRADE.—In order to H.R. 5426 of the One Hundred Sixth Congress, section (a) shall terminate 1 year after the date seek to establish coordinated efforts with other as introduced on October 6, 2000 and as enacted of enactment of this Act and no amount may be countries to protect bears, the Secretary shall by Public Law 106–387) is amended— made available under this section thereafter. continue discussions concerning trade in bear (1) in subsection (b)(2) after subparagraph (B) SEC. 1077. REVIEW OF STATE MEAT INSPECTION viscera with— insert— PROGRAMS. (1) the appropriate representatives of Parties ‘‘(C) FUTURE ALLOCATION.—After 5 years, the (a) FINDINGS.—Congress finds that— to CITES; and United States Department of Agriculture has (1) the goal of a safe and wholesome supply of (2) the appropriate representatives of coun- discretion to revisit the issue of seat allocation meat and meat food products throughout the tries that are not parties to CITES and that are on the board.’’. United States would be better served if a con- determined by the Secretary and the United (2) in subsection (h)(1)(C)(iii) by striking ev- sistent set of requirements, established by the States Trade Representative to be the leading erything in the first sentence following ‘‘shall’’ Federal Government, were applied to all meat importers, exporters, or consumers of bear and inserting in lieu thereof ‘‘be paid not less and meat food products, whether produced viscera. than 30 days after the avocado clears customs, under State inspection or Federal inspection; (h) CERTAIN RIGHTS NOT AFFECTED.—Except unless deemed not feasible as determined by the (2) under such a system, Federal and State as provided in subsection (e), nothing in this Commissioner of Customs in consultation with meat inspection programs would function to- section affects— the Secretary of Agriculture.’’. gether to create a seamless inspection system to (1) the regulation by any State of the bear SEC. 1074. SENSE OF THE SENATE REGARDING ensure food safety and inspire consumer con- population of the State; or SOCIAL SECURITY SURPLUS FUNDS. (2) any hunting of bears that is lawful under fidence in the food supply in interstate com- (a) FINDINGS.— applicable State law (including regulations). merce; and (1) Since both political parties have pledged (3) such a system would ensure the viability of SEC. 1071. REENACTMENT OF FAMILY FARMER not to misuse social security surplus funds by State meat inspection programs, which should BANKRUPTCY PROVISIONS. spending them for other purposes. help to foster the viability of small establish- (a) REENACTMENT.—Notwithstanding any (2) Since under the Administration’s fiscal other provision of law, chapter 12 of title 11, ments. year 2003 budget, the Federal Government is (b) REVIEW.—Not later than September 30, United States Code, is hereby reenacted. projected to spend the social security surplus for (b) CONFORMING REPEAL.—Section 302(f) of 2003, the Secretary of Agriculture shall conduct Public Law 99–554 (100 Stat. 3124) is repealed. other purposes in each of the next 10 years. a comprehensive review of each State meat and (c) EFFECTIVE DATE.—This section shall be (3) Since permanent extension of the inherit- poultry inspection program, which shall deemed to have taken effect on October 1, 2001. ance tax repeal would cost, according to the Ad- include— ministration’s estimate, approximately SEC. 1072. PROHIBITION ON PACKERS OWNING, (1) an analysis of the effectiveness of the State FEEDING, OR CONTROLLING LIVE- $104,000,000,000 over the next 10 years, all of program; and STOCK. which would further reduce the social security (2) identification of changes that are nec- (a) IN GENERAL.—Section 202 of the Packers surplus. essary to enable the possible future trans- and Stockyards Act, 1921 (7 U.S.C. 192(f)) (as (b) SENSE OF THE SENATE.—Therefore it is the formation of the State program to a State meat amended by section 1043(a)), is amended by sense of the Senate that no social security sur- and poultry inspection program that includes striking subsection (f) and inserting the fol- plus funds should be used to pay to make cur- the mandatory antemortem and postmortem in- lowing: rently scheduled tax cuts permanent or for spection, reinspection, sanitation, and related ‘‘(f) Own or feed livestock directly, through a wasteful spending. requirements of the Federal Meat Inspection Act subsidiary, or through an arrangement that SEC. 1075. SENSE OF THE SENATE ON PERMA- (21 U.S.C. 601 et seq.) and the Poultry Products gives the packer operational, managerial, or su- NENT REPEAL OF ESTATE TAXES. Inspection Act (21 U.S.C. 451 et seq.) (including pervisory control over the livestock, or over the (a) FINDINGS.— the regulations, directives, notices, policy memo- farming operation that produces the livestock, (1) The Economic Growth and Tax Relief Rec- randa, and other regulatory requirements of to such an extent that the producer is no longer onciliation Act of 2001 provided substantial re- those Acts). materially participating in the management of lief from Federal estate and gift taxes beginning (c) COMMENT.—In carrying out subsection (a), the operation with respect to the production of this year and repealed the Federal estate tax for the Secretary shall, to the maximum extent the livestock, except that this subsection shall one year beginning on January 1, 2010. practicable, obtain comment from interested par- not apply to— (2) The Economic Growth and Tax Relief Rec- ties. ‘‘(1) an arrangement entered into within 14 onciliation Act of 2001 contains a ‘‘sunset’’ pro- (d) FUNDING.—There are authorized to be ap- days before slaughter of the livestock by a pack- vision that reinstates the Federal estate tax at propriated such sums as are necessary to carry er, a person acting through the packer, or a per- its 2001 level beginning on January 1, 2011. out this section. son that directly or indirectly controls, or is (b) SENSE OF THE SENATE.—Therefore, it is the SEC. 1078. AGRICULTURAL RESEARCH AND TECH- controlled by or under common control with, the sense of the Senate that the repeal of the estate NOLOGY. packer; tax should be made permanent by eliminating (a) SCIENTIFIC STUDIES.— ‘‘(2) a cooperative or entity owned by a coop- the sunset provision’s applicability to the estate (1) IN GENERAL.—The Secretary of Agriculture erative, if a majority of the ownership interest tax. shall conduct scientific studies on—

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00150 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.024 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1129

(A) the transmission of spongiform (b) ADMINISTRATION.—The Secretary shall (B) application and bidding procedures; encephalopathy in deer, elk, and moose; and carry out programs described in subsection (a) (C) farm and risk management; (B) chronic wasting disease (including the in a manner that, to the maximum extent prac- (D) marketing; and risks that chronic wasting disease poses to live- ticable, is consistent with the American Indian (E) other activities essential to participation stock). Agricultural Resource Management Act (25 in agricultural and other programs of the De- (2) REPORT.—The Secretary shall submit to U.S.C. 3701 et seq.). partment. the Committee on Agriculture of the House of (c) FACT-FINDING TEAM.—The Secretary shall (d) GRANTS AND CONTRACTS.—The Secretary Representatives and the Committee on Agri- establish a fact-finding team to obtain input may make grants to, and enter into contracts culture, Nutrition, and Forestry of the Senate a from local officials and program recipients to as- and other agreements with, an eligible entity to report on the results of the scientific studies. sist in carrying out this section. provide information and technical assistance (b) RESEARCH AND EXTENSION GRANT PRO- (d) REPORT.—Not later than 1 year after the under this section. GRAM.—The Secretary shall establish a program date of enactment of this Act, the Secretary (e) REPORT.—Not later than 1 year after funds to provide research and extension grants to eli- shall submit to Congress a report that describes are made available to carry out this section, the gible entities (as determined by the Secretary) to actions taken to carry out this section, includ- Secretary shall submit to Congress a report that develop, for livestock production— ing a plan to implement the actions. identifies barriers to efficient and competitive (1) prevention and control methodologies for SEC. 1079B. ASSISTANCE FOR GEOGRAPHICALLY transportation of inputs and products by geo- infectious animal diseases that affect trade; and DISADVANTAGED FARMERS AND graphically disadvantaged farmers and ranch- (2) laboratory tests to expedite detection of— RANCHERS. ers. (A) infected livestock; and (a) DEFINITIONS.—In this section: (f) AUTHORIZATION OF APPROPRIATIONS.— (B) the presence of diseases within herds or (1) DEPARTMENT.—The term ‘‘Department’’ There is authorized to be appropriated to carry flocks of livestock. means the Department of Agriculture. out this section $10,000,000 for each of fiscal (c) VACCINES.— (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- years 2002 through 2006. (1) VACCINE STORAGE STUDY.—The Secretary ty’’ means— SEC. 1079C. SENSE OF SENATE REGARDING USE shall— (A) any community-based organization, net- OF THE NAME GINSENG. (A) conduct a study to determine the number work, or coalition of community-based organiza- It is the sense of the Senate that the Commis- of doses of livestock disease vaccines that should tions that— sioner of Food and Drugs should promulgate be available to protect against livestock diseases (i) has demonstrated experience in providing regulations to ensure that, for the purposes of that could be introduced into the United States; agricultural education or other agriculturally section 403 of the Federal Food, Drug, and Cos- and related services to geographically disadvantaged metic Act (21 U.S.C. 343), the name ‘‘ginseng’’ or (B) compare that number with the number of farmers and ranchers; any name that includes the word ‘‘ginseng’’ doses of the livestock disease vaccines that are (ii) has provided to the Secretary documentary shall be used in reference only to an herb or available as of that date. evidence of work with geographically disadvan- herbal ingredient that— (2) STOCKPILING OF VACCINES.—If, after con- taged farmers and ranchers during the 2-year (1) is a part of a plant of 1 of the species of ducting the study and comparison described in period preceding the submission of an applica- the genus Panax; and paragraph (1), the Secretary determines that tion for assistance under this section; and (2) is produced in compliance with United (iii) has not engaged in activities prohibited there is an insufficient number of doses of a States law regarding the use of pesticides. under section 501(c)(3) of the Internal Revenue particular vaccine referred to in that para- SEC. 1079D. ADJUSTED GROSS REVENUE INSUR- Code of 1986; graph, the Secretary shall take such actions as ANCE PILOT PROGRAM. (B)(i) a land-grant college or university that are necessary to obtain the required additional Section 523 of the Federal Crop Insurance Act is located in an insular area (as defined in sec- doses of the vaccine. (7 U.S.C. 1523) is amended by adding at the end tion 1404 of the National Agricultural Research, (d) VETERINARY TRAINING.—The Secretary the following: Extension, and Teaching Policy Act of 1977 (7 shall develop a program to maintain in all re- ‘‘(e) ADJUSTED GROSS REVENUE INSURANCE U.S.C. 3103)) (as amended by section 701(a)) or gions of the United States a sufficient number of PILOT PROGRAM.— in a State other than 1 of the 48 contiguous Federal and State veterinarians who are well ‘‘(1) IN GENERAL.—The Corporation shall States; and trained in recognition and diagnosis of exotic carry out, through at least the 2004 reinsurance (ii) any other institution of higher education year, the adjusted gross revenue insurance pilot and endemic animal diseases. (as defined in section 101 of the Higher Edu- (e) AUTHORIZATION OF APPROPRIATIONS.— program in effect for the 2002 reinsurance year. cation Act of 1965 (20 U.S.C. 1001)) that has There are authorized to be appropriated to carry ‘‘(2) ADDITIONAL COUNTIES.— demonstrated experience in providing agricul- out this section such sums as are necessary for ‘‘(A) IN GENERAL.—In addition to counties tural education or other agriculture-related each of fiscal years 2002 through 2006. otherwise included in the pilot program, the services to geographically disadvantaged farm- Corporation shall include in the pilot program SEC. 1079. OFFICE OF SCIENCE TECHNOLOGY ers and ranchers in a region; and for the 2003 reinsurance year at least 8 counties POLICY. (C) an Indian tribe (as defined in section 4 of in the State that produces (as of the date of en- (a) IN GENERAL.—The President may— the Indian Self-Determination and Education actment of this subsection) the highest quantity (1) establish within the Office of Science and Assistance Act (25 U.S.C. 450b)) or national trib- of specialty crops for which adjusted gross rev- Technology Policy a noncareer, senior executive al organization that has demonstrated experi- enue insurance under this title is not available. service appointment position for a Veterinary ence in providing agriculture education or other ‘‘(B) SELECTION CRITERIA.—In carrying out Advisor; and agriculturally related services to geographically subparagraph (A), the Corporation shall include (2) appoint an individual to the position. disadvantaged farmers and ranchers in a re- in the pilot program counties that (as deter- (b) QUALIFICATIONS; DUTIES.—The individual gion. mined by the Corporation) produce a significant appointed to the position described in subsection (3) GEOGRAPHICALLY DISADVANTAGED FARMER quantity of specialty crops.’’. (a) shall— OR RANCHER.—The term ‘‘geographically dis- SEC. 1079E. PASTEURIZATION. (1) hold the degree of Doctor of Veterinary advantaged farmer or rancher’’ means a farmer Medicine from an accredited or approved college For the purposes of any provision of Federal or rancher in an insular area (as defined in sec- law under which a food or food product is re- of veterinary medicine; and tion 1404 of the National Agricultural Research, (2) provide to the science advisor of the Presi- quired to undergo a treatment of pasteurization, Extension, and Teaching Policy Act of 1977 (7 the term ‘‘pasteurization’’ means any safe treat- dent expertise in— U.S.C. 3103)) (as amended by section 701(a)) or (A) exotic and endemic animal disease detec- ment that— in a State, other than one of the 48 contiguous (1) is a treatment prescribed as pasteurization tion, prevention, and control; States. (B) food safety; and applicable to the food or food product under (4) SECRETARY.—The term ‘‘Secretary’’ means any Federal law (including a regulation); or (C) animal agriculture. the Secretary of Agriculture. (c) EXECUTIVE SCHEDULE PAY RATES.—Section (2) has been demonstrated to the satisfaction (b) PROGRAM.—The Secretary shall carry out of the Secretary of Health and Human Services 5313 of title 5, United States Code, is amended an assistance program to encourage and assist by adding at the end the following: to achieve a level of reduction in the food or geographically disadvantaged farmers and food product of the microorganisms of public ‘‘Veterinary Advisor, Office of Science and ranchers— Technology Policy.’’. health concern that— (1) in owning and operating farms and (A) is at least as protective of the public SEC. 1079A. OPERATION OF AGRICULTURAL AND ranches; and health as a treatment described in paragraph NATURAL RESOURCE PROGRAMS ON (2) in participating equitably in the full range TRIBAL TRUST LAND. (1); and of agricultural programs offered by the Depart- (B) is effective for a period that is at least as (a) REVIEW.—The Secretary of Agriculture (re- ment. long as the shelf life of the food or food product ferred to in this section as the ‘‘Secretary’’), in (c) REQUIREMENTS.—The assistance program when stored under normal, moderate, and severe consultation with the Secretary of the Interior, under subsection (b) shall— abuse conditions. shall conduct a review of the operation of agri- (1) enhance coordination of technical assist- cultural and natural resource programs avail- ance and education efforts authorized under Subtitle E—Studies and Reports able to farmers and ranchers operating on tribal various agricultural programs; and SEC. 1081. REPORT ON POUCHED AND CANNED and trust land, including— (2) include information on, and assistance SALMON. (1) natural resource management programs; with— (a) IN GENERAL.—Not later than 120 days (2) incentive programs; and (A) commodity, conservation, credit, rural, after the date of enactment of this Act, the Sec- (3) farm income support programs. and business development programs; retary of Agriculture (referred to in this section

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00151 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.025 pfrm01 PsN: S25PT1 S1130 CONGRESSIONAL RECORD — SENATE February 25, 2002 as the ‘‘Secretary’’) shall submit to Congress a reduce potential point source and nonpoint (6) contain recommendations for ensuring that report on efforts to expand the promotion, mar- source phosphorous pollution. the regulatory burden is no greater than that keting, and purchasing of pouched and canned (c) REPORT.—Not later than 1 year after the already applied to rodent species under the Ani- salmon harvested and processed in the United date of enactment of this Act, the Secretary mal Welfare Act (7 U.S.C. 2131 et seq.). States under food and nutrition programs ad- shall submit to the Committee on Agriculture of SEC. 1088. TASK FORCE ON NATIONAL INSTI- ministered by the Secretary. the House of Representatives and the Committee TUTES FOR PLANT AND AGRICUL- (b) COMPONENTS.—The report under sub- on Agriculture, Nutrition, and Forestry of the TURAL SCIENCES. section (a) shall include— Senate a report that describes the results of the (a) IN GENERAL.—Not later than 90 days after (1) an analysis of pouched and canned salmon study. the date of enactment of this Act, the Secretary inventories in the United States that, as of the SEC. 1085. STUDY OF FEASIBILITY OF PRODUCER of Agriculture shall establish a task force to date on which the report is submitted, that INDEMNIFICATION FROM GOVERN- evaluate the merits of establishing 1 or more Na- available for purchase; MENT-CAUSED DISASTERS. tional Institutes for Plant and Agricultural (2) an analysis of the demand for pouched (a) FINDINGS.—Congress finds that the imple- Sciences. and canned salmon and value-added products mentation of Federal disaster assistance pro- (b) MEMBERSHIP.— (such as salmon ‘‘nuggets’’) by— grams fails to adequately address situations in (1) IN GENERAL.—The Task Force shall consist (A) partners of the Department of Agriculture which disaster conditions are primarily the re- of at least 8 members, appointed by the Sec- (including other appropriate Federal agencies); sult of Federal action. retary, that— and (b) AUTHORITY.—The Secretary of Agriculture (A) have a broad-based background in food, (B) consumers; and shall conduct a study of the feasibility of ex- nutrition, biotechnology, crop production meth- (3) an analysis of impediments to additional panding eligibility for crop insurance under the ods, environmental science, or related dis- purchases of pouched and canned salmon, Federal Crop Insurance Act (7 U.S.C. 1501 et ciplines; and including— seq.), and noninsured crop assistance under sec- (B) are familiar with the infrastructure used (A) any marketing issues; and tion 196 of the Federal Agriculture Improvement to conduct Federal and private research, (B) recommendations for methods to resolve and Reform Act of 1996 (7 U.S.C. 7333), to agri- including— those impediments. cultural producers experiencing disaster condi- (i) the National Institutes of Health; (ii) the National Science Foundation; tions caused primarily by Federal agency ac- SEC. 1082. SETTLEMENT AGREEMENT REPORT. (iii) the National Aeronautics and Space Ad- tion. Not later than December 31, 2002, and annu- ministration; (c) REPORT.—Not later than 150 days after the ally thereafter through 2006, the Comptroller (iv) the Department of Energy laboratory sys- date of enactment of this Act, the Secretary General of the United States shall submit to tem; Congress a report that describes all programs shall submit report to the Committee on Agri- (v) the Agricultural Research Service; and and activities that States have carried out using culture of the House of Representatives and the (vi) the Cooperative State Research and Ex- funds received under all phases of the Master Committee on Agriculture, Nutrition, and For- tension Service. Settlement Agreement of 1997. estry of the Senate a report that describes the (2) PRIVATE SECTOR.—Of the members ap- SEC. 1083. REPORT ON GENETICALLY MODIFIED results of the study, including any recommenda- pointed under paragraph (1), the Secretary shall PEST-PROTECTED PLANTS. tions. appoint at least 6 members that are members of (a) FINDINGS.—Congress finds that— SEC. 1086. REPORT ON SALE AND USE OF PES- the private sector, including institutions of (1) in 2000, the Committee on Genetically TICIDES FOR AGRICULTURAL USES. higher education. Modified Pest-Protected Plants of the Board on Not later than 120 days after the date of en- (3) PLANT AND AGRICULTURAL SCIENCES RE- Agriculture and Natural Resources of the Na- actment of this Act, the Administrator of the SEARCH.—Of the members appointed under para- tional Research Council made several rec- Environmental Protection Agency shall submit graph (1), the Secretary shall appoint at least 2 ommendations concerning food safety, ecological to the Committee on Agriculture of the House of members that have an extensive background and research, and monitoring needs for transgenic Representatives and the Committee on Agri- preeminence in the field of plant and agricul- crops with plant incorporated protectants; and culture, Nutrition, and Forestry of the Senate a tural sciences research. (2) the Committee recommended enhancements report on the manner in which the Agency is (4) CHAIRPERSON.—Of the members appointed to certain operational aspects of the regulatory applying regulations of the Agency governing under paragraph (1), the Secretary shall des- framework for agricultural biotechnology, such the sale and use of pesticides for agricultural ignate a Chairperson that has significant lead- as— use to electronic commerce transactions. ership experience in educational and research (A) improving coordination and enhanced SEC. 1087. REPORT ON RATS, MICE, AND BIRDS. institutions and in depth knowledge of the re- consistency of review across all regulatory agen- (a) IN GENERAL.—Not later than 1 year after search enterprises of the United States. cies; and date enactment of this Act, the Secretary of Ag- (5) CONSULTATION.—Before appointing mem- (B) clarifying the scope of the regulatory ju- riculture shall submit to the Committee on Agri- bers of the Task Force under this subsection, the risdiction of the Animal and Plant Health In- culture of the House of Representatives and the Secretary shall consult with the National Acad- spection Service. Committee on Agriculture, Nutrition, and For- emy of Sciences and the Office of Science and (b) SENSE OF CONGRESS.—It is the sense of estry of the Senate a report on the implications Technology Policy. Congress that, not later than 90 days after the of including rats, mice, and birds within the def- (c) DUTIES.—The Task Force shall— date of enactment of this Act, the Secretary of inition of animal under the Animal Welfare Act (1) evaluate and compare— Agriculture should— (7 U.S.C. 2131 et seq.). (A) publicly funded agricultural and plant (1) review the recommendations described in (b) REQUIREMENTS.—The report under sub- sciences research activities, including competi- subsection (a); and section (a) shall— tively awarded research; and (2) submit to the Committee on Agriculture of (1) be completed by the Comptroller General of (B) privately funded agricultural and plant the House of Representatives and the Committee the United States; sciences research activities; on Agriculture, Nutrition, and Forestry of the (2) contain a description of the number and (2) evaluate and compare— (A) competitive publicly funded agricultural Senate a report that describes actions taken to types of entities that currently use rats, mice, research activities; and implement those recommendations by agencies and birds, and are not subjected to regulations (B) other forms of publicly funded research, within the Department of Agriculture, including of the Department of Agriculture; such as medical research; agencies that develop or implement programs or (3) contain estimates of the numbers of rats, including an assessment of the methods of eval- objectives relating to marketing, regulation, mice, and birds currently used in research facili- uation, administration, and funding; food safety, research, education, or economics. ties that are not currently regulated by the (3) evaluate the need for competitive public (b) AUTHORIZATION OF APPROPRIATIONS.— United States Department of Agriculture; plant and agricultural sciences research There is authorized to be appropriated to carry (4) contain an estimate of the additional costs necessary— out this section— likely to be incurred by breeders and research (A) to increase crop yields and productivity; (1) $10,000,000 for fiscal year 2002; and facilities resulting from the additional regu- (B) to improve environmental quality; (2) such sums as are necessary for each subse- latory requirements needed in order to afford (C) to enhance the value of farm output to ag- quent fiscal year. the same levels of protection to rats, mice, and ricultural producers and consumers; SEC. 1084. STUDY OF CREATION OF LITTER BANK birds as is provided for species currently regu- (D) to promote health and improve nutrition; BY UNIVERSITY OF ARKANSAS. lated by the Department of Agriculture, detail- (E) to enhance food safety; and (a) IN GENERAL.—The Secretary of Agriculture ing the costs associated with individual regu- (F) to increase effective agricultural produc- shall conduct a study to evaluate the creation of latory requirements; tion to meet the future needs of the growing a litter bank by the Department of Agriculture (5) contain an estimate of the additional fund- population of the world, especially in devel- at the University of Arkansas for the purpose of ing that the Animal and Plant Health Inspec- oping countries; enhancing health and viability of watersheds in tion Service would require to be able to ensure (4) evaluate the merits of establishing 1 or areas with large concentrations of animal pro- that the level of compliance with respect to more National Institutes for Plant and Agricul- ducing units. other regulated animals is not diminished by the tural Sciences, that is similar to the National (b) COMPONENTS.—In conducting the study, increase in the number of facilities that would Institute of Health— the Secretary shall evaluate the costs, needs, require inspections after a rule extending the (A) to coordinate competitive, innovative re- and means by which litter may be collected and definition to include rats, mice, and birds goes search and technological development and inno- distributed outside the applicable watershed to into effect; and vation;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00152 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.025 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1131 (B) to ensure the necessary supply of sci- (A) efficiency in processing; and (C) the importers of organic products. entific personnel in order to ensure the competi- (B) the development of new markets, mar- (2) NATIONAL SCOPE.—The order shall be na- tiveness of the United States in an increasingly keting strategies, increased marketing effi- tional in scope. global trade market for agricultural products; ciency, and activities to enhance the image of (b) PROCEDURE FOR ISSUANCE.— and organic products on a national or international (1) DEVELOPMENT OR RECEIPT OF PROPOSED (C) to facilitate the integration of scientific basis. ORDER.—A proposed order with respect to or- advances from medical sciences, engineering, (9) MARKET.—The term ‘‘market’’ means to ganic products may be— and information technologies into plant and ag- sell or to otherwise dispose of an organic prod- (A) prepared by the Secretary at any time on ricultural sciences; and uct in interstate, foreign, or intrastate com- or after January 1, 2004; or (5) if establishment of 1 or more National In- merce. (B) submitted to the Secretary on or after Jan- stitutes for Plant and Agricultural Sciences is (10) ORDER.—The term ‘‘order’’ means the uary 1, 2004, by— recommended, provide further recommendations order issued by the Secretary under section 1093 (i) an association of producers of organic to the Secretary, including recommendations that provides for a program of generic pro- products; or on— motion, research, and information regarding or- (ii) any other person that may be affected by (A) the structure for establishing the Insti- ganic products designed to— the issuance of the order with respect to organic tutes; (A) strengthen the position of organic prod- products. (B) the location of the Institutes in 1 or more ucts in the marketplace; (2) CONSIDERATION OF PROPOSED ORDER.—If multistate regions with preeminence in plant, (B) maintain and expand existing domestic the Secretary determines that a proposed order agricultural, and related biological sciences (in- and foreign markets and uses for organic prod- is consistent with and will effectuate the pur- cluding in existing Federal plant and animal re- ucts; pose of this subtitle, the Secretary shall— search facilities and land grant institutions), in (C) develop new markets and uses for organic (A) publish the proposed order in the Federal order— products; or Register; and (i) to use all relevant fields of knowledge; and (D) assist producers in meeting conservation (B) give due notice and opportunity for public (ii) to promote collaborative and interdiscipli- objectives. comment on the proposed order. nary research; and (11) ORGANICALLY PRODUCED.—The term ‘‘or- (3) PREPARATION OF FINAL ORDER.—After no- (C) the amount of funding necessary to estab- ganically produced’’, with respect to an agricul- tice and opportunity for public comment under lish the Institutes. tural product, means produced and handled in paragraph (2) regarding a proposed order, the (d) REPORT.—Not later than July 1, 2003, the accordance with the Organic Foods Production Secretary shall— Task Force shall submit to the Committee on Ag- Act of 1990 (7 U.S.C. 6501 et seq.). (A) take into consideration the comments re- riculture of the House of Representatives, the (12) ORGANIC PRODUCT.—The term ‘‘organic ceived in preparing a final order; and Committee on Agriculture, Nutrition, and For- product’’ means an agricultural product that is (B) ensure, to the maximum extent prac- estry of the Senate, and the Secretary a report organically produced. ticable, that the final order is in conformity that describes the results of the evaluation con- (13) ORGANIC PRODUCTS INDUSTRY.—The term with the terms, conditions, and requirements of ducted under this section, including rec- ‘‘organic products industry’’ includes nonprofit this subtitle. ommendations described in subsection (c)(5). and other organizations representing the inter- (c) ISSUANCE AND EFFECTIVE DATE.— Subtitle F—Organic Products Promotion ests of producers, first handlers, and importers (1) IN GENERAL.—Except as provided in para- SEC. 1091. SHORT TITLE. of organic products. graph (2), if the Secretary determines that the This subtitle may be cited as the ‘‘Organic (14) PERSON.—The term ‘‘person’’ means any order is consistent with and will effectuate the Products Promotion, Research, and Information individual, group of individuals, partnership, purpose of this subtitle, the Secretary shall issue Act of 2002’’. corporation, association, cooperative, or any the final order. SEC. 1092. DEFINITIONS. other legal entity. (2) EXCEPTION.—Paragraph (1) shall not In this subtitle: (15) PRODUCER.—The term ‘‘producer’’ means apply in a case in which an initial referendum (1) AGRICULTURAL COMMODITY.—The term any person that is engaged in the production is conducted under section 1097(a). ‘‘agricultural commodity’’ means— and sale of an organic product in the United (3) EFFECTIVE DATE.—The final order shall be (A) agricultural, horticultural, viticultural, States. issued and shall take effect not later than 270 and dairy products; (16) PROMOTION.—The term ‘‘promotion’’ days after the date of publication of the pro- (B) livestock and the products of livestock; means any action taken by the Board under the posed order that was the basis for the final (C) the products of poultry and bee raising; order, including paid advertising, to present a order. (D) the products of forestry or commercial favorable image of organic products to the pub- SEC. 1094. REQUIRED TERMS IN ORDER. fisheries; lic to improve the competitive position of organic (a) IN GENERAL.—The order shall contain the (E) other commodities raised or produced on products in the marketplace and to stimulate terms and conditions specified in this section. farms, as determined appropriate by the Sec- sales of organic products. (b) BOARD.— retary; and (17) RESEARCH.—The term ‘‘research’’ means (1) ESTABLISHMENT.—The order shall establish (F) products processed or manufactured from any type of test, study, or analysis designed to a National Organic Products Board to carry out products specified in the preceding subpara- advance the image, desirability, use, market- a program of generic promotion, research, and graphs, as determined appropriate by the Sec- ability, production, product development, or information relating to organic products that ef- retary. quality of an organic product. fectuates the purposes of this subtitle. (2) BOARD.—The term ‘‘Board’’ means the Na- (18) SECRETARY.—The term ‘‘Secretary’’ means (2) BOARD MEMBERSHIP.— tional Organic Products Board established the Secretary of Agriculture. (A) NUMBER OF MEMBERS.— under section 1094(b). (19) STATE.—The term ‘‘State’’ means— (i) IN GENERAL.—The Board shall consist of (3) COMMODITY PROMOTION LAW.—The term (A) a State; the number of members determined by the Sec- ‘‘commodity promotion law’’ has the meaning (B) the District of Columbia; retary, in consultation with the organic prod- given the term in section 501(a) of the Federal (C) the Commonwealth of Puerto Rico; and ucts industry. Agriculture Improvement and Reform Act of (D) any other territory or possession of the (ii) ALTERNATE MEMBERS.—In addition to the 1996 (7 U.S.C. 7401(a)). United States. (4) CONFLICT OF INTEREST.—The term ‘‘con- members described in clause (i), the Secretary (20) SUSPEND.—The term ‘‘suspend’’ means to flict of interest’’ means a situation in which a may appoint alternate members of the Board. issue a rule under section 553 of title 5, United (B) APPOINTMENT.— member or employee of the Board has a direct or States Code, to temporarily prevent the oper- indirect financial interest in a person that per- (i) IN GENERAL.—The Secretary shall appoint ation of the order during a particular period of members of the Board (including any alternate forms a service for, or enters into a contract time specified in the rule. with, the Board for anything of economic value. members) from among producers, first handlers, (21) TERMINATE.—The term ‘‘terminate’’ (5) DEPARTMENT.—The term ‘‘Department’’ and importers of organic products that elect to means to issue a rule under section 553 of title means the Department of Agriculture. pay the assessment described in section 1096, 5, United States Code, to cancel permanently (6) FIRST HANDLER.—The term ‘‘first handler’’ and others in the marketing chain, as appro- means— the operation of the order beginning on a date priate. (A) the first person that buys or takes posses- certain specified in the rule. (ii) MEMBERS OF THE PUBLIC.—The Secretary sion of an organic product from a producer for (22) UNITED STATES.—The term ‘‘United may appoint 1 or more members of the general marketing; and States’’, when used in a geographical sense, public to the Board. (B) in a case in which a producer markets an means all of the States. (C) NOMINATIONS.—The Secretary may make organic product directly to consumers, the pro- SEC. 1093. ISSUANCE OF ORDERS. appointments from nominations made in accord- ducer. (a) ORDER.— ance with the method described in the order. (7) IMPORTER.—The term ‘‘importer’’ means (1) IN GENERAL.—To effectuate the purpose of (D) GEOGRAPHICAL AND INDUSTRY REPRESEN- any person that imports an organic product this subtitle, the Secretary may issue, and TATION.—To ensure fair and equitable represen- from outside the United States for sale in the amend from time to time, an order applicable tation of organic producers and others covered United States as a principal or as an agent, to— by the order, the composition of the Board shall broker, or consignee of any person. (A) producers of organic products; reflect— (8) INFORMATION.—The term ‘‘information’’ (B) the first handlers of organic products (and (i) the geographical distribution of the pro- means information and programs that are de- other persons in the marketing chain, as appro- duction of organic products in the United signed to increase— priate); and States;

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00153 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.025 pfrm01 PsN: S25PT1 S1132 CONGRESSIONAL RECORD — SENATE February 25, 2002 (ii) the quantity or value of organic products (6) to prepare and submit for the approval of establishment of the Board, the Board may not covered by the order imported into the United the Secretary, before the beginning of each fis- expend for administration (except for reimburse- States; and cal year— ments to the Secretary required under para- (iii) the variations in the United States in the (A) rates of assessment under section 1096; graph (2)(B)), maintenance, and functioning of scale of organic production operations. and the Board in a fiscal year an amount that ex- (3) REAPPORTIONMENT OF BOARD MEMBER- (B) an annual budget of the anticipated ex- ceeds 15 percent of the assessment and other in- SHIP.—In accordance with rules issued by the penses to be incurred in the administration of come received by the Board for the fiscal year. Secretary, at least once in each 4-year period, the order, including the probable cost of each (f) CONTRACTS AND AGREEMENTS.— the Board shall— promotion, research, and information activity (1) IN GENERAL.—The order shall provide that, (A) review the geographical distribution in the proposed to be developed or carried out by the with the approval of the Secretary, the Board United States of the production of organic prod- Board; established under the order may— ucts in, variations in the scale of organic pro- (7) to borrow funds necessary for the startup (A) enter into contracts and agreements to duction operations in, and quantity or value of expenses of the order; carry out generic promotion, research, and in- organic products imported into, the United (8) subject to subsection (f), to enter into con- formation activities relating to organic products, States; and tracts or agreements to develop and carry out including contracts and agreements with pro- (B) as necessary, recommend to the Secretary generic promotion, research, and information ducer associations or other entities as consid- the reapportionment of the Board membership to activities relating to organic products; ered appropriate by the Secretary; and reflect changes in that geographical distribution (9) to pay the cost of the activities with— (B) pay the cost of approved generic pro- of production, variations in scale of organic pro- (A) assessments collected under section 1096; motion, research, and information activities duction operations, or quantity or value im- (B) earnings from invested assessments; and using— ported. (C) other funds; (i) assessments collected under section 1096; (4) NOTICE.— (10)(A) to keep records that accurately reflect (ii) earnings obtained from assessments; and (A) VACANCIES.—The order shall provide for the actions and transactions of the Board; (iii) other income of the Board. notice of Board vacancies to the organic prod- (B) to keep and report minutes of each meet- (2) REQUIREMENTS.—Each contract or agree- ucts industry. ing of the Board to the Secretary; and ment shall provide that any person that enters (B) MEETINGS.— (C) to furnish the Secretary with any informa- into the contract or agreement with the Board (i) IN GENERAL.—The Board shall provide tion or records the Secretary requests; prior notice of meetings of the Board to— shall— (11) to receive, investigate, and report to the (A) develop and submit to the Board a pro- (I) the Secretary, to permit the Secretary, or a Secretary complaints of violations of the order; designated representative of the Secretary, to posed activity together with a budget that speci- and fies the cost to be incurred to carry out the ac- attend the meetings; and (12) after providing public notice and an op- tivity; (II) the public. portunity to comment, to recommend to the Sec- (B) keep accurate records of all of trans- (ii) ATTENDANCE.—A meeting of the Board retary such amendments to the order as the actions of the person relating to the contract or shall be open to the public. Board considers appropriate. (5) TERM OF OFFICE.— agreement; (d) PROHIBITED ACTIVITIES.—The Board may (A) IN GENERAL.—The members and any alter- (C) account for funds received and expended not engage in, and shall prohibit the employees nate members of the Board shall each serve for in connection with the contract or agreement; and agents of the Board from engaging in— a term of 3 years, except that the members and (D) make periodic reports to the Board of ac- (1) any action that would be a conflict of in- any alternate members initially appointed to the tivities conducted under the contract or agree- terest; Board shall serve for terms of not more than 2, ment; and (2) using funds collected by the Board under 3, and 4 years, as specified by the order. (E) make such other reports as the Board or the order, any action carried out for the purpose (B) LIMITATION ON CONSECUTIVE TERMS.—A the Secretary considers relevant. of influencing any legislation or governmental member or alternate member may serve not more (g) RECORDS OF BOARD.— action or policy (other than recommending to than 2 consecutive terms. (1) IN GENERAL.—The order shall require the the Secretary amendments to the order); and (C) CONTINUATION OF TERM.—Notwith- Board— (3) any advertising (including promotion, re- standing subparagraph (B), each member or al- (A)(i) to maintain such records as the Sec- search, and information activities authorized to ternate member shall continue to serve until a retary may require; and be carried out under the order) that may be successor is appointed by the Secretary. (ii) to make the records available to the Sec- false or misleading or disparaging to another (D) VACANCIES.—A vacancy arising before the retary for inspection and audit; agricultural commodity. expiration of a term of office of an incumbent (B) to collect and submit to the Secretary, at (e) ACTIVITIES AND BUDGETS.— member or alternate of the Board shall be filled any time the Secretary may specify, any infor- (1) ACTIVITIES.—The order shall require the in a manner provided for in the order. mation the Secretary may request; Board established under the order to submit to (6) COMPENSATION.— (C) to account for the receipt and disburse- the Secretary for approval plans and projects (A) IN GENERAL.—Members and any alternate ment of all funds in the possession, or under the for promotion, research, or information relating members of the Board shall serve without com- control, of the Board; and to organic products. pensation. (D) to make public to the participants in the (2) BUDGETS.— (B) TRAVEL EXPENSES.—If approved by the order the minutes of Board meetings and actions (A) SUBMISSION TO SECRETARY.— Board, members or alternate members shall be of the Board. reimbursed for reasonable travel expenses, (i) IN GENERAL.—The order shall require the Board established under the order to submit to (2) AUDITS.—The order shall require the which may include a per diem allowance or ac- Board to have— tual subsistence incurred while away from their the Secretary for approval a budget of the an- ticipated annual expenses and disbursements of (A) its records audited by an independent homes or regular places of business in the per- auditor at the end of each fiscal year; and formance of services for the Board. the Board to be paid to administer the order. (ii) SUBMISSION.—The budget shall be (B) a report of the audit submitted directly to (c) POWERS AND DUTIES OF BOARD.—The the Secretary. order shall specify the powers and duties of the submitted— (h) PERIODIC EVALUATION.— Board established under the order, including (I) before the beginning of a fiscal year; and (II) as frequently as is necessary after the be- (1) IN GENERAL.—In accordance with section the power and duty— 501(c) of the Federal Agriculture Improvement (1) to administer, and collect assessments ginning of the fiscal year. and Reform Act of 1996 (7 U.S.C. 7401(c)), the under, the order in accordance with the terms (B) REIMBURSEMENT OF SECRETARY.—The order shall require the Board to provide for the and conditions of the order; order shall require that the Secretary be reim- (2) to develop and recommend to the Secretary bursed for all expenses incurred by the Sec- independent evaluation of all generic pro- for approval— retary in the implementation, administration, motion, research, and information activities car- (A) such bylaws as are necessary for the func- and supervision of the order. ried out under the order. tioning of the Board; (3) INCURRING EXPENSES.—The Board may (2) RESULTS.—The results of an evaluation de- (B) such rules as are necessary to administer incur the expenses described in paragraph (2) scribed in paragraph (1), with any confidential the order; and and other expenses for the administration, business information expunged, shall be made (C) such activities as are authorized to be car- maintenance, and functioning of the Board as available for public review by producers, first ried out under the order; authorized by the Secretary. handlers, importers, and other participants in (3) to meet, organize, and select from among (4) PAYMENT OF EXPENSES.— the order. the members of the Board a chairperson, other (A) IN GENERAL.—Expenses incurred under (3) CONFORMING AMENDMENT.—Section 501(a) officers, and committees and subcommittees, as paragraph (3) shall be paid by the Board of the Federal Agriculture Improvement and Re- the Board determines to be appropriate; using— form Act of 1996 (7 U.S.C. 7401(a)) is amended— (4) to employ persons, other than the members, (i) assessments collected under section 1096; (A) in paragraph (17), by striking ‘‘or’’ at the as the Board considers necessary to assist the (ii) earnings obtained from assessments; and end; Board in carrying out the duties of the Board (iii) other income of the Board. (B) in paragraph (18), by striking the period (and to determine the compensation and specify (B) BORROWED FUNDS.—Any funds borrowed at the end and inserting ‘‘; or’’; and the duties of those persons); by the Board shall be expended only for startup (C) by adding at the end the following: (5) subject to subsection (e), to develop and costs and capital outlays. ‘‘(19) section 1094(h) of the Organic Products carry out generic promotion, research, and in- (5) LIMITATION ON SPENDING.—For fiscal years Promotion, Research, and Information Act of formation activities relating to organic products; beginning 3 or more years after the date of the 2002.’’.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00154 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.025 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1133

(i) BOOKS AND RECORDS OF PERSONS COVERED (d) RESERVE FUNDS.—The order may contain least once every 4 years thereafter, for the pur- BY ORDER.— authority to reserve funds from assessments col- pose of ascertaining whether the persons cov- (1) IN GENERAL.—The order shall require that lected under section 1096 to permit an effective ered by the order favor the continuation, sus- producers, first handlers and other persons in and continuous coordinated program of re- pension, or termination of the order, the Sec- the marketing chain, as appropriate, and im- search, promotion, and information in years in retary shall conduct a referendum among per- porters covered by the order shall— which the yield from assessments may be re- sons that, during a representative period deter- (A) maintain records sufficient to ensure com- duced, except that the amount of funds reserved mined by the Secretary, have engaged in— pliance with the order and regulations; may not exceed the greatest aggregate amount (1) the production or handling of organic (B) submit to the Board any information re- of the anticipated disbursements specified in products; or quired by the Board to carry out the responsibil- budgets approved under section 1094(e) by the (2) the importation of organic products. ities of the Board under the order; and Secretary for any 2 fiscal years. (c) ADDITIONAL REFERENDA.—For the purpose (C) make the records described in subpara- (e) GENERIC ACTIVITIES.—The order may con- of ascertaining whether persons covered by the graph (A) available, during normal business tain authority to provide credits of assessments order favor the continuation, suspension, or ter- hours, for inspection by employees or agents of in accordance with section 1096(d) for those in- mination of the order, the Secretary shall con- the Board or the Department, including any dividuals that contribute to other similar generic duct additional referenda— records necessary to verify information required research, promotion, and information programs (1) at the request of the Board; or under subparagraph (B). at the State, regional, or local level. (2) at the request of 10 percent or more of the (2) TIME REQUIREMENT.—Any record required (f) OTHER AUTHORITY.—The order may con- number of persons eligible to vote under sub- to be maintained under paragraph (1) shall be tain authority to take any other action that— section (b). maintained for such time period as the Secretary (1) is not inconsistent with the purpose of this (d) OPTIONAL REFERENDA.—The Secretary may prescribe. subtitle, any term or condition specified in sec- may conduct a referendum at any time to deter- (3) OTHER INFORMATION.—The Secretary may tion 1094, or any rule issued to carry out this mine whether the continuation, suspension, or use, and may authorize the Board to use under subtitle; and termination of the order or a provision of the this subtitle, information regarding persons sub- (2) is necessary to administer the order. order is favored by persons eligible to vote under ject to the order that is collected by the Depart- SEC. 1096. ASSESSMENTS. subsection (b). ment under any other law. (a) IN GENERAL.—A producer, first handler, or (e) APPROVAL OF ORDER.—The order may pro- ONFIDENTIALITY OF INFORMATION.— (4) C importer of an organic product may elect to pay vide for the approval of the order in a ref- (A) IN GENERAL.—Except as otherwise pro- an assessment under the order. erendum by a majority of persons voting in the vided in this subtitle, all information obtained (b) PAYMENT.—If a first handler or importer of referendum. under paragraph (1) or as part of a referendum an organic product elects to pay an assessment, (f) MANNER OF CONDUCTING REFERENDA.— under section 1097 shall be kept confidential by the assessment shall be, as appropriate— (1) IN GENERAL.—A referendum conducted all officers, employees, and agents of the De- (1) paid by first handlers with respect to the under this section shall be conducted in the partment and of the Board. organic product produced and marketed in the manner determined by the Secretary to be ap- (B) DISCLOSURE.—Information referred to in United States; and propriate. subparagraph (A) may be disclosed only if— (2) paid by importers with respect to the or- (2) ADVANCE REGISTRATION.—If the Secretary (i) the Secretary considers the information rel- ganic product imported into the United States, if determines that an advance registration of eligi- evant; and the imported organic product is covered by the ble voters in a referendum is necessary before (ii) the information is revealed in a judicial order under section 1095(f). the voting period to facilitate the conduct of the proceeding or administrative hearing— referendum, the Secretary may institute the ad- (I) brought at the direction or on the request (c) COLLECTION.—Any assessment collected vance registration procedures— of the Secretary; or under the order shall be remitted to the Board (A) by mail; (II) to which the Secretary or any officer of at the time and in the manner prescribed by the (B) in person through the use of national and the Department is a party. order. local offices of the Department; or (C) OTHER EXCEPTIONS.—This paragraph shall (d) LIMITATION ON ASSESSMENTS.—Not more (C) by such other means as may be prescribed not prohibit— than 1 assessment may be collected on a first (i) the issuance of general statements based on handler or importer under subsection (a) with by the Secretary. OTING.—Eligible voters may vote in the reports or on information relating to a number respect to any organic product. (3) V referendum— of persons subject to the order if the statements (e) INVESTMENT OF ASSESSMENTS.—Pending (A) by mail ballot; do not identify the information furnished by disbursement of assessments under a budget ap- (B) in person; or any person; or proved by the Secretary, the Board may invest (ii) the publication, by direction of the Sec- assessments collected under this section in— (C) by such other means as may be prescribed retary, of— (1) obligations of the United States or any by the Secretary. (I) the name of any person violating any agency of the United States; (4) NOTICE.— order; and (2) general obligations of any State or any po- (A) IN GENERAL.—Not later than 30 days be- (II) a statement of the particular provisions of litical subdivision of a State; fore the date on which a referendum is con- the order violated by the person. (3) interest-bearing accounts or certificates of ducted under this section with respect to the (D) PENALTY.—Any person that willfully vio- deposit of financial institutions that are mem- order, the Secretary shall notify the organic lates this subsection shall be subject, on convic- bers of the Federal Reserve System; or product industry, in such manner as determined tion, to a fine of not more than $1,000 or to im- (4) obligations fully guaranteed as to prin- to be appropriate by the Secretary, of the period prisonment for not more than 1 year, or both. cipal and interest by the United States. during which voting in the referendum will (5) WITHHOLDING INFORMATION.—This sub- (f) CREDITS.—Notwithstanding any other pro- occur. section shall not authorize the withholding of vision of law or any order issued under any (B) CONTENTS.—The notice shall explain any information from Congress. commodity promotion law, the Secretary shall registration and voting procedures established SEC. 1095. PERMISSIVE TERMS IN ORDER. permit a producer, first handler, or importer of under this subsection. an organic product that pays an assessment to (g) RESULTS OF REFERENDA.—The results of (a) EXEMPTIONS.—The order may contain— (1) authority for the Secretary to exempt from the Board to receive a credit for the assessment referenda conducted under this section shall be the order any de minimis quantity of organic against any assessment that would otherwise be made available to the public. products otherwise covered by the order; and paid by the producer, first handler, or importer SEC. 1098. PETITION AND REVIEW OF ORDERS. (2) authority for the Board to require satisfac- under an order issued under another commodity (a) PETITION.— tory safeguards against improper use of the ex- promotion law. (1) IN GENERAL.—A person subject to the order emption. SEC. 1097. REFERENDA. may file with the Secretary a petition— (b) DIFFERENT PAYMENT AND REPORTING (a) INITIAL REFERENDUM.— (A) stating that the order, any provision of SCHEDULES.—The order may contain authority (1) IN GENERAL.—For the purpose of the order, or any obligation imposed in connec- for the Board to designate different payment ascertaining whether the persons to be covered tion with the order, is not established in accord- and reporting schedules to recognize differences by the order favor the order going into effect, ance with law; and in organic product industry marketing practices the Secretary shall conduct an initial ref- (B) requesting a modification of the order or and procedures used in different production and erendum among persons that, during a rep- an exemption from the order. importing areas. resentative period determined by the Secretary, (2) HEARING.—The Secretary shall give the pe- (c) ACTIVITIES.— engaged in— titioner an opportunity for a hearing on the pe- (1) IN GENERAL.—The order may contain au- (A) the production or handling of organic tition, in accordance with regulations promul- thority to develop and carry out research, pro- products; or gated by the Secretary. motion, and information activities designed to (B) the importation of organic products. (3) RULING.— expand, improve, or make more efficient the (2) PROCEDURE.—The results of the ref- (A) IN GENERAL.—After the hearing, the Sec- marketing or use of organic products in domestic erendum shall be determined in accordance with retary shall make a ruling on the petition. and foreign markets. subsection (e). (B) FINALITY.—The ruling shall be final, sub- (2) APPLICABLE AUTHORITY.—Section 1094(e) (b) SUBSEQUENT REFERENDUM.—Not later than ject to review in accordance with subsection (b). shall apply with respect to activities authorized 3 years after the date on which assessments (4) LIMITATION ON PETITION.—Any petition under this subsection. were first carried out under the order, and at filed under this subsection challenging the

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00155 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.025 pfrm01 PsN: S25PT1 S1134 CONGRESSIONAL RECORD — SENATE February 25, 2002 order, any provision of the order, or any obliga- (A) filing, not later than 30 days after the per- (1) in the judicial district in which the person tion imposed in connection with the order, shall son receives notice of the order, a notice of ap- resides or carries on business; or be filed not later than 2 years after the effective peal in— (2) wherever the person may be found. date of the order, provision, or obligation sub- (i) the United States court of appeals for the SEC. 1098C. SUSPENSION OR TERMINATION. ject to challenge in the petition. circuit in which the person resides or carries on (a) MANDATORY SUSPENSION OR TERMI- (b) REVIEW.— business; or NATION.—The Secretary shall suspend or termi- (1) COMMENCEMENT OF ACTION.—The district (ii) the United States Court of Appeals for the nate an order or a provision of an order if the court of the United States for any district in District of Columbia Circuit; and Secretary determines that— which a person that is a petitioner under sub- (B) simultaneously sending a copy of the no- (1) an order or a provision of an order ob- section (a) resides or carries on business shall tice of appeal by certified mail to the Secretary. structs or does not tend to effectuate the pur- have jurisdiction to review the final ruling on (2) RECORD.—The Secretary shall file with the pose of this subtitle; or the petition of the person, if a complaint for court a certified copy of the record on which the (2) an order or a provision of an order is not that purpose is filed not later than 20 days after Secretary has determined that the person has favored by persons voting in a referendum con- the date of the entry of the final ruling by the committed a violation. ducted under section 1097. Secretary under subsection (a)(3). (3) STANDARD OF REVIEW.—A finding of the (b) IMPLEMENTATION OF SUSPENSION OR TER- (2) PROCESS.—Service of process in a pro- Secretary under this section shall be set aside MINATION.—If, as a result of a referendum con- ceeding may be made on the Secretary by deliv- only if the finding is found to be unsupported ducted under section 1097, the Secretary deter- ering a copy of the complaint to the Secretary. by substantial evidence on the record. mines that an order is not approved, the Sec- (3) REMANDS.—If the court determines that (e) FAILURE TO OBEY CEASE-AND-DESIST OR- retary shall— the ruling is not in accordance with law, the DERS.— (1) not later than 180 days after making the court shall remand the matter to the Secretary (1) IN GENERAL.—A person that fails to obey a determination, suspend or terminate, as the case with directions— valid cease-and-desist order issued by the Sec- may be, collection of assessments under the (A) to make such ruling as the court deter- retary under this section, after an opportunity order; and mines to be in accordance with law; or for a hearing, shall be subject to a civil penalty (2) as soon as practicable, suspend or termi- (B) to take such further action as, in the assessed by the Secretary of not less than $1,000 nate, as the case may be, activities under the opinion of the court, the law requires. and not more than $10,000 for each offense. order in an orderly manner. (c) EFFECT ON ENFORCEMENT PROCEEDINGS.— (2) SEPARATE VIOLATIONS.—Each day during SEC. 1098D. AMENDMENTS TO ORDERS. The pendency of a petition filed under sub- which the failure continues shall be considered The provisions of this subtitle applicable to an section (a) or an action commenced under sub- to be a separate violation of the cease-and-desist order shall be applicable to any amendment to section (b) shall not operate as a stay of any ac- order. an order, except that section 1097 shall not tion authorized by section 1098A to be taken to (f) FAILURE TO PAY PENALTIES.— apply to an amendment. enforce this subtitle, including any rule, order, (1) IN GENERAL.—If a person fails to pay a or penalty in effect under this subtitle. SEC. 1098E. EFFECT ON OTHER LAWS. civil penalty imposed under this section by the Except as otherwise expressly provided in this SEC. 1098A. ENFORCEMENT. Secretary, the Secretary shall refer the matter to subtitle, this subtitle shall not affect or preempt (a) JURISDICTION.—The district courts of the the Attorney General for recovery of the amount any other Federal or State law authorizing pro- United States shall have jurisdiction specifically assessed in the district court of the United motion or research relating to an organic prod- to enforce, and to prevent and restrain a person States for any district in which the person re- uct. from violating, the order issued, or any regula- sides or carries on business. SEC. 1098F. REGULATIONS. tion promulgated, under this subtitle. (2) REVIEWABILITY.—In the action, the valid- The Secretary may promulgate such regula- (b) REFERRAL TO ATTORNEY GENERAL.—A civil ity and appropriateness of the order imposing tions as are necessary to carry out this subtitle action authorized to be brought under this sec- the civil penalty shall not be subject to review. and the power vested in the Secretary under this tion shall be referred to the Attorney General (g) ADDITIONAL REMEDIES.—The remedies pro- subtitle. for appropriate action, except that the Secretary vided in this section shall be in addition to, and shall not be required to refer to the Attorney not exclusive of, other remedies that may be SEC. 1098G. AUTHORIZATION OF APPROPRIA- TIONS. General a violation of this subtitle if the Sec- available. retary believes that the administration and en- (a) IN GENERAL.—There are authorized to be SEC. 1098B. INVESTIGATIONS AND POWER TO appropriated such sums as are necessary to forcement of this subtitle would be adequately SUBPOENA. carry out this subtitle. served by— (a) INVESTIGATIONS.—The Secretary may make (b) LIMITATION ON EXPENDITURES FOR ADMIN- (1) providing a suitable written notice or such investigations as the Secretary considers warning to the person that committed the viola- ISTRATIVE EXPENSES.—Funds made available to necessary— carry out this subtitle may not be expended for tion; or (1) for the effective administration of this sub- (2) conducting an administrative action under the payment of expenses incurred by the Board title; or to administer the order. this section. (2) to determine whether any person subject to (c) CIVIL PENALTIES AND ORDERS.— this subtitle has engaged, or is about to engage, Subtitle G—Administration (1) CIVIL PENALTIES.—A person that willfully SEC. 1099. REGULATIONS. violates the order or regulation promulgated by in any action that constitutes or will constitute (a) IN GENERAL.—The Secretary of Agriculture the Secretary under this subtitle may be as- a violation of this subtitle or any order or regu- may promulgate such regulations as are nec- sessed by the Secretary a civil penalty of not lation issued under this subtitle. (b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— essary to implement this Act and the amend- less than $1,000 and not more than $10,000 for (1) IN GENERAL.—For the purpose of any in- ments made by this Act. each violation. vestigation under subsection (a), the Secretary (b) PROCEDURE.—The promulgation of the reg- (2) SEPARATE OFFENSE.—Each violation and ulations and administration of title I and sec- each day during which there is a failure to com- may administer oaths and affirmations, sub- tions 459 and 508 and the amendments made by ply with the order, or with any regulation pro- poena witnesses, compel the attendance of wit- title I and sections 459 and 508 shall be made mulgated by the Secretary, shall be considered nesses, take evidence, and require the produc- without regard to— to be a separate offense. tion of any records or documents that are rel- (1) the notice and comment provisions of sec- (3) CEASE-AND-DESIST ORDERS.—In addition evant to the inquiry. tion 553 of title 5, United States Code; to, or in lieu of, a civil penalty, the Secretary (2) SCOPE.—The attendance of witnesses and (2) the Statement of Policy of the Secretary of issue an order requiring a person to cease and the production of records or documents may be Agriculture effective July 24, 1971 (36 Fed. Reg. desist from violating— required from any place in the United States. (A) the order; or (c) AID OF COURTS.— 13804), relating to notices of proposed rule- (B) any regulation promulgated under this (1) IN GENERAL.—In the case of contumacy by, making and public participation in rulemaking; subtitle. or refusal to obey a subpoena issued to, any per- and (4) NOTICE AND HEARING.—No order assessing son, the Secretary may invoke the aid of any (3) chapter 35 of title 44, United States Code a penalty or cease-and-desist order may be court of the United States within the jurisdic- (commonly known as the ‘‘Paperwork Reduction issued by the Secretary under this subsection tion of which the investigation or proceeding is Act’’). unless the Secretary provides notice and an op- carried on, or where the person resides or carries (c) CONGRESSIONAL REVIEW OF AGENCY RULE- portunity for a hearing on the record with re- on business, in order to require the attendance MAKING.—In carrying out subsection (b), the spect to the violation. and testimony of the person or the production of Secretary shall use the authority provided (5) FINALITY.—An order assessing a penalty, records or documents. under section 808 of title 5, United States Code. or a cease-and-desist order issued under this (2) ACTION BY COURT.—The court may issue SEC. 1099A. EFFECT OF AMENDMENTS. subsection by the Secretary, shall be final and an order requiring the person to appear before (a) IN GENERAL.—Except as otherwise specifi- conclusive unless the person against whom the the Secretary to produce records or documents cally provided in this Act and notwithstanding order is issued files an appeal from the order or to give testimony regarding the matter under any other provision of law, this Act and the with the United States court of appeals, as pro- investigation. amendments made by this Act shall not affect vided in subsection (d). (d) CONTEMPT.—Any failure to obey the order the authority of the Secretary of Agriculture to (d) REVIEW BY COURT OF APPEALS.— of the court may be punished by the court as a carry out an agricultural market transition, (1) IN GENERAL.—A person against whom an contempt of the court. price support, or production adjustment pro- order is issued under subsection (c) may obtain (e) PROCESS.—Process in any case under this gram for any of the 1996 through 2001 crop, fis- review of the order by— section may be served— cal, or calendar years under a provision of law

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00156 Fmt 4637 Sfmt 6333 E:\CR\FM\A25FE6.025 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — SENATE S1135 in effect immediately before the date of enact- emy’s strong academic program, strict ad- proceed to executive session to con- ment of this Act. herence to discipline, and emphasis on moral sider the nomination of Robert (b) LIABILITY.—A provision of this Act or an and ethical conduct; Blackburn to be a United States dis- amendment made by this Act shall not affect the Whereas, under Douglas MacArthur’s lead- trict judge; that the Senate vote on the liability of any person under any provision of ership as Superintendent from 1919 to 1922, law as in effect immediately before the date of the Academy was modernized to prepare its nomination at 10 a.m., with the time enactment of this Act. graduates for the challenges of the 20th cen- prior to the vote equally divided be- SEC. 1099B. COMMODITY CREDIT CORPORATION tury; tween the chairman and ranking mem- FUNDING. Whereas the Academy, the first school in ber of the Judiciary Committee; that Except for funds made available through a America to teach engineering, produced upon the disposition of the nomination, user fee or funds made available in an appro- graduates who were responsible for the con- the Senate immediately vote on the priation act, notwithstanding any other provi- struction of the Nation’s first railroad lines nomination of Cindy Jorgenson to be a sion of this Act or an amendment made by this and many of its early harbor improvements, United States district judge; and, fur- Act, any funds that are made available through bridges, roads, and canals; the transfer of funds from the Secretary of the Whereas Academy graduates introduced ther, that following disposition of the Treasury to the Secretary of Agriculture ex- engineering education to numerous colleges nominations, the Senate proceed to pressly under this Act or an amendment made and universities, and carried out such monu- legislative session. by this Act shall be made available through mental engineering projects as the construc- The PRESIDING OFFICER. Without funds of the Commodity Credit Corporation. tion of the Panama Canal project; objection, it is so ordered. f Whereas Academy graduates have also dis- Mr. REID. As in executive session, I tinguished themselves in the leadership of ask unanimous consent that it be in CONGRATULATING THE UNITED such innovative scientific research and de- order to request the yeas and nays on STATES MILITARY ACADEMY AT velopment projects as the development of the Blackburn nomination at this WEST POINT atomic bombs in the Manhattan Project dur- ing World War II; time. Mr. REID. Madam President, I ask Whereas Academy graduates have served The PRESIDING OFFICER. Without consent that the Senate proceed to the with character and distinction in all of objection, it is so ordered. consideration of S.J. Res. 32, intro- America’s wars and military actions since Mr. REID. I ask for the yeas and nays duced earlier today by Senators REED the War of 1812; on the nomination. of Rhode Island, LEVIN, WARNER, and Whereas 74 Academy graduates have The PRESIDING OFFICER. Is there a others. earned the Nation’s highest military honor, sufficient second? the Medal of Honor; The PRESIDING OFFICER. The There is a sufficient second. clerk will report the joint resolution Whereas 2 Academy graduates, Ulysses S. Grant and Dwight D. Eisenhower, served The yeas and nays were ordered. by title. both as distinguished general officers and as f The legislative clerk read as follows: the President of the United States, and A joint resolution (S.J. Res. 32) congratu- many other graduates have served in all lev- ORDERS FOR TUESDAY, lating the United States Military Academy els of government; FEBRUARY 26, 2002 at West Point on its bicentennial anniver- Whereas dozens of Academy graduates sary, and commending its outstanding con- have been astronauts, including the Acad- Mr. REID. I ask consent that when tributions to the Nation. emy graduate who is the first American to the Senate completes its business There being no objection, the Senate walk in space and 2 Academy graduates who today, it adjourn until the hour of 9:45 proceeded to consider the joint resolu- walked on the moon; a.m. on Tuesday, February 26. I further Whereas hundreds of Academy graduates ask consent that on Tuesday, imme- tion. have utilized their talents in the private sec- Mr. REID. Madam President, I ask tor, to provide managerial and technical ex- diately following the prayer and unanimous consent that the joint reso- pertise that is responsible, in part, for nur- pledge, the Journal of proceedings be lution be read three times and passed, turing and sustaining a system of enterprise approved to date, the morning hour be the motion to reconsider be laid upon that is admired around the world; deemed expired, the time for the two the table, and the preamble be agreed Whereas the Academy has provided an op- leaders be reserved for their use later to, with no intervening action or de- portunity for men and women of all races, in the day; and, further, that the Sen- bate. religions, and cultures to receive a college ate recess from 12:30 to 2:15 p.m. and education and to begin a life of service to the there be a period of morning business The PRESIDING OFFICER. Without Army and the Nation; and objection, it is so ordered. Whereas the motto of the Academy, ‘‘Duty, until 3:15 p.m., with the time under the The joint resolution (S.J. Res. 32) Honor, Country’’, exemplifies the spirit of control of Senator KERRY. was passed. this Republic: Now, therefore, be it The PRESIDING OFFICER. Without The preamble was agreed to. Resolved by the Senate and House of Rep- objection, it is so ordered. The joint resolution, with its pre- resentatives of the United States of America in f amble, reads as follows: Congress assembled, That Congress congratu- lates the United States Military Academy on S.J. RES. 32 its bicentennial anniversary, recognizes it as PROGRAM Whereas establishing a military academy an outstanding leadership development insti- Mr. REID. Madam President, tomor- to teach the technical arts of war was a de- tution that upholds and promotes the high- row the Senate will vote at 10 a.m. on sire of many of our founding fathers, particu- est virtues of American society, and com- the nomination of Robert Blackburn to larly George Washington; mends all those who have led and taught at Whereas Congress passed legislation on the Academy for inculcating its 58,000 grad- be a United States district judge for March 16, 1802, to establish such a military uates with moral, ethical, and intellectual the District of Colorado. academy to be located at West Point, New values and skills that are the foundations for f York, a site that Washington called the key the dedicated service so honorably given by to the continent because of its strategic im- those graduates to the Army, the Nation, ADJOURNMENT UNTIL 9:45 A.M. portance during the Revolution; and friends of freedom and liberty around TOMORROW Whereas President Thomas Jefferson the world for 200 years. signed the legislation establishing the f Mr. REID. Madam President, I there- United States Military Academy at West fore ask unanimous consent, if there is Point, an institution dedicated to promoting UNANIMOUS CONSENT AGREE- nothing further to come before the scientific education to benefit the Nation MENT—EXECUTIVE CALENDAR Senate, that the Senate stand in ad- and to attracting a diverse array of young citizens to the Nation’s military leadership; Mr. REID. Madam President, I ask journment under the previous order. Whereas Sylvanus Thayer, who served as consent that on Tuesday, February 26, There being no objection, the Senate, Superintendent of the Academy from 1817 to immediately following the prayer and at 5:36 p.m., adjourned until Tuesday, 1833, established the foundation of the Acad- the Pledge of Allegiance, the Senate February 26, 2002, at 9:45 a.m.

VerDate 11-MAY-2000 01:32 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00157 Fmt 4637 Sfmt 0634 E:\CR\FM\A25FE6.025 pfrm01 PsN: S25PT1 February 25, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E187 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS Appropriations FEBRUARY 28 Agriculture, Rural Development, and Re- 9:30 a.m. Title IV of Senate Resolution 4, lated Agencies Subcommittee Commerce, Science, and Transportation agreed to by the Senate on February 4, To hold hearings to examine the over- To hold hearings to examine the protec- 1977, calls for establishment of a sys- view of the U.S. Department of Agri- tion of content in a digital age, focus- tem for a computerized schedule of all culture. ing on promoting broadband and dig- meetings and hearings of Senate com- SD–138 ital televsion transition. mittees, subcommittees, joint commit- Foreign Relations SR–253 tees, and committees of conference. To hold hearings to examine the develop- Armed Services This title requires all such committees ment of a secure future, focusing on de- To hold hearings to examine the future mocratization, poverty alleviation, and of the North Atlantic Treaty Organiza- to notify the Office of the Senate Daily tion (NATO). Digest—designated by the Rules com- human rights. SD–419 SH–216 mittee—of the time, place, and purpose Budget 10 a.m. of the meetings, when scheduled, and To hold hearings to examine the long- Banking, Housing, and Urban Affairs any cancellations or changes in the term budgetary outlook. To hold oversight hearings to examine meetings as they occur. SD–608 issues with respect to the sending of re- mittances. As an additional procedure along Appropriations Defense Subcommittee SD–538 with the computerization of this infor- Budget To hold hearings to examine proposed mation, the Office of the Senate Daily To hold hearings to examine the Presi- budget estimates for fiscal year 2003 for Digest will prepare this information for dent’s proposed budget request for fis- the Department of Defense. printing in the Extensions of Remarks cal year 2003, focusing on winning the SD–192 section of the CONGRESSIONAL RECORD war, transformation, and reform issues. Judiciary SD–608 on Monday and Wednesday of each To hold hearings to examine sovereign week. 2:30 p.m. immunity and the protection of intel- Appropriations Meetings scheduled for Tuesday, Feb- lectual property. Labor, Health and Human Services, and ruary 26, 2002 may be found in the SD–226 Education Subcommittee Health, Edu- Daily Digest of today’s RECORD. Armed Services cation, Labor, and Pensions Readiness and Management Support Sub- Public Health Subcommittee committee MEETINGS SCHEDULED To hold joint hearings to examine what To hold hearings to examine acquisition women need to know with respect to policy issues of the Department of De- mammography. FEBRUARY 27 fense. SD–106 9 a.m. SR–222 Foreign Relations Aging 2 p.m. To hold hearings on the nomination of To hold hearings to examine the short- Indian Affairs Emmy B. Simmons, of the District of age of geriatric trained health care To hold oversight hearings on the man- Columbia, to be Assistant Adminis- professionals. agement of Indian Trust Funds. trator for Economic Growth, Agri- SD–628 SD–106 culture, and Trade, United States Small Business and Entrepreneurship Health, Education, Labor, and Pensions Agency for International Development. To hold hearings to examine the Presi- Employment, Safety and Training Sub- SD–419 dent’s proposed budget request for fis- Environment and Public Works committee cal year 2003 for the Small Business Fisheries, Wildlife, and Water Sub- To hold hearings to examine workplace Administration. committee SR–428A safety and health issues with respect to To hold hearings to examine S. 252, to 9:30 a.m. immigrant and low-wage workers. amend the Federal Water Pollution Veterans’ Affairs SD–430 Control Act to authorize appropria- To hold joint hearings with the House Commerce, Science, and Transportation tions for State water pollution control Committee on Veterans’ Affairs to ex- Science, Technology, and Space Sub- revolving funds; S. 285, to amend the amine the legislative presentations of committee Federal Water Pollution Control Act to the Disabled American Veterans and To hold hearings on S. 414, to amend the authorize the use of State revolving the Veterans of Foreign Wars. National Telecommunications and In- loan funds for construction of water 345 Cannon Building formation Administration Organiza- conservation and quality improve- Appropriations tion Act to establish a digital network ments; S. 503, to amend the Safe Water VA, HUD, and Independent Agencies Sub- technology program, focusing on the Act to provide grants to small public committee digital divide and minority serving in- drinking water system; S. 1044, to To hold hearings to examine the role of stitutions. amend the Federal Water Pollution the Federal Emergency Management SR–253 Control Act to provide assistance for Agency concerning terrorism response. 2:15 p.m. nutrient removal technologies to SD–124 Foreign Relations States in the Chesapeake Bay water- Appropriations International Operations and Terrorism shed; and S. 1961, to improve financial Transportation Subcommittee Subcommittee and environmental sustainability of To hold hearings to examine highway the water programs of the United To hold hearings to examine U.S. con- safety programs. States. tributions toward the United Nation’s SD–116 SD–406 10 a.m. Population Fund and how it effects the Banking, Housing, and Urban Affairs Health, Education, Labor, and Pensions lives of women. International Trade and Finance Sub- To hold hearings to examine S. 1284, to SD–419 committee prohibit employment discrimination 2:30 p.m. To hold hearings to examine Argentina’s on the basis of sexual orientation. Armed Services current economic situation. SD–430 Emerging Threats and Capabilities Sub- SD–538 Banking, Housing, and Urban Affairs committee Judiciary To hold oversight hearings to examine To hold hearings to examine Iraq’s weap- Immigration Subcommittee issues with respect to corporate gov- ons of mass destruction program; to be To hold hearings to examine the Unac- ernance. followed by closed hearings in SR–232A. companied Alien Child Protection Act. SD–538 SR–222 SD–226

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 01:20 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.000 pfrm04 PsN: E25PT1 E188 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2002 Armed Services MARCH 7 MARCH 13 Readiness and Management Support Sub- 9:30 a.m. 10 a.m. committee Armed Services Appropriations To hold hearings to examine the Depart- To hold hearings on proposed legislation Commerce, Justice, State, and the Judici- ment of Defense authorization request authorizing funds for fiscal year 2003 ary Subcommittee for fiscal year 2003, focusing on for the Department of Defense, and the To hold hearings on proposed budget es- instatllations and environmental pro- Future Years Defense Program. timates for fiscal year 2003 for the De- grams. SH–216 partment of Commerce. SR–232A 10 a.m. SD–116 Veterans’ Affairs MARCH 14 MARCH 1 To hold joint hearings with the House 10 a.m. Committee on Veterans’ Affairs to ex- 10 a.m. Governmental Affairs amine the legislative presentations of Veterans’ Affairs International Security, Proliferation and the Paralyzed Veterans of America, To hold joint hearings with the House Committee on Veterans’ Affairs to ex- Federal Services Subcommittee Jewish War Veterans, Blinded Veterans amine the legislative presentations of To hold hearings to examine U.S. policy Association, the Non-Commissioned Of- the Gold Star Wives of America, the in Iraq. ficers Association, and the Military Fleet Reserve Association, the Air SD–342 Order of the Purple Heart. Force Sergeants Association, and the 345, Cannon Building Retired Enlisted Association. MARCH 5 Appropriations 345, Cannon Building 9:30 a.m. Commerce, Justice, State, and the Judici- Armed Services ary Subcommittee MARCH 19 To hold hearings on proposed legislation To hold hearings on proposed budget es- 10 a.m. authorizing funds for fiscal year 2003 timates for fiscal year 2003 for the Se- Appropriations for the Department of Defense and the curities and Exchange Commission and Commerce, Justice, State, and the Judici- Future Years Defense Program, focus- the Federal Communications Commis- ary Subcommittee ing on unified and regional com- sion. To hold hearings on proposed budget es- manders, military strategy and oper- SR–253 timates for fiscal year 2003 for the Na- ational requirements. Indian Affairs tional Oceanic and Atmospheric Ad- SH–216 To resume hearings on the President’s ministration and the Small Business 10 a.m. proposed budget request for fiscal year Administration. Indian Affairs 2003 for Indian programs. SD–138 To hold hearings on the President’s pro- SR–485 posed budget request for fiscal year 2:30 p.m. MARCH 20 2003 for Indian programs. Energy and Natural Resources 10 a.m. SR–485 National Parks Subcommittee Judiciary Appropriations To hold hearings to examine S. 1069, to Technology, Terrorism, and Government Commerce, Justice, State, and the Judici- amend the National Trails System Act Information Subcommittee ary Subcommittee to clarify Federal authority relating to To hold hearings to examine identity To hold hearings on proposed budget es- land acquisition from willing sellers theft and information protection. timates for fiscal year 2003 for the Ju- from the majority of the trails in the SD–226 2 p.m. diciary. System; S. 213, to amend the National Veterans’ Affairs SD–138 Trails System Act to update the feasi- To hold joint hearings with the House 2:30 p.m. bility and suitability studies of 4 na- Committee on Veterans’ Affairs to ex- Veterans’ Affairs tional historic trails and provide for possible additions to such trails; H.R. amine the legislative presentations of To hold hearings on the nomination of American Ex-Prisoners of War, the Robert H. Roswell, of Florida, to be 1384, to amend the National Trails Sys- tem Act to designate the Navajo Long Vietnam Veterans of America, the Re- Under Secretary for Health, and Daniel tired Officers Association, the National Walk to Bosque Redondo as a national L. Cooper, of Pennsylvania, to be Association of State Directors of Vet- historic trail; and S. 1946, to amend the Under Secretary for Benefits, both of erans Affairs, and AMVETS. National Trails System Act to des- the Department of Veterans Affairs. 345, Cannon Building SR–418 ignate the Old Spanish Trail as a Na- tional Historic Trail. MARCH 21 SD–366 MARCH 6 10 a.m. Appropriations 10 a.m. MARCH 12 Armed Services Commerce, Justice, State, and the Judici- Readiness and Management Support Sub- 10 a.m. ary Subcommittee committee Appropriations To hold hearings on proposed budget es- Commerce, Justice, State, and the Judici- To hold hearings to examine financial timates for fiscal year 2003 for the Fed- ary Subcommittee management issues of the Department eral Bureau of Investigation, Immigra- To hold hearings on proposed budget es- of Defense. tion and Naturalization Service, and timates for fiscal year 2003 for the De- SR–222 the Drug Enforcement Administration, partment of State. all of the Department of Justice. SD–138 SD–116

VerDate 112000 01:20 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M25FE8.000 pfrm04 PsN: E25PT1 Monday, February 25, 2002 Daily Digest Senate mitting applications for the grant programs under Chamber Action title II. Pages S988–89 Routine Proceedings, pages S979–S1135 Dodd Modified Amendment No. 2922, to clarify Measures Introduced: One resolution was sub- that the criminal penalties retain the current specific intent standard contained in the underlying statutes. mitted, as follows: S.J. Res. 32. Page S1004 Pages S989–91 Washington’s Farewell Address: Senator Corzine McConnell (for Lugar) Modified Amendment No. read Washington’s Farewell Address. Pages S979–84 2866, to ensure that Election Reform Incentive Measures Passed: Grant Program funds may be used by States and lo- calities to fund hotlines for voters to report possible Homeless Assistance: Committee on Banking, voting fraud and voting rights abuses. Pages S993–94 Housing, and Urban Affairs was discharged from McConnell (for Ensign) Modified Amendment No. further consideration of H.R. 3699, to revise certain 2900, to provide for a manual audit capacity that grants for continuum of care assistance for homeless permits voters to verify their vote at the time it is individuals and families, and the bill was then cast and used as the official record for recounts. passed, clearing the measure for the President. Pages S993–94 Page S986 McConnell (for Grassley) Amendment No. 2865, Child Passenger Protection Act: Senate passed S. to ensure that absentee ballots of overseas voters are 980, to provide for the improvement of the safety of collected regularly and returned to the United States child restraints in passenger motor vehicles, after in a timely manner. Pages S993–94 agreeing to a committee amendment in the nature Dodd (for Hollings/Reid/Kohl) Modified Amend- ment No. 2894, to require the Election Administra- of a substitute. Pages S986–87 tion Commission to study the advisability of estab- West Point Bicentennial Anniversary: Senate lishing an election day holiday. Pages S993–94 passed S.J. Res. 32, congratulating the United States Dodd (for Lieberman) Amendment No. 2926, to Military Academy at West Point on its bicentennial improve State recount and contest procedures in anniversary, and commending its outstanding con- elections for Federal office. Pages S993–94 tributions to the Nation. Page S1135 Pending: Election Reform: Senate continued consideration of Clinton Amendment No. 2906, to establish a re- S. 565, to establish the Commission on Voting sidual ballot performance benchmark. Page S987 Rights and Procedures to study and make rec- Dayton Amendment No. 2898, to establish a ommendations regarding election technology, voting, pilot program for free postage for absentee ballots and election administration, to establish a grant pro- cast in elections for Federal office. Page S987 Dodd (for Harkin) Amendment No. 2912, to pro- gram under which the Office of Justice Programs vide funds for protection and advocacy systems of and the Civil Rights Division of the Department of each State to ensure full participation in the electoral Justice shall provide assistance to States and local- process for individuals with disabilities. Page S987 ities in improving election technology and the ad- Dodd (for Harkin/McCain) Amendment No. ministration of Federal elections, and to require 2913, to express the sense of the Congress that States to meet uniform and nondiscriminatory elec- curbside voting should be only an alternative of last tion technology and administration requirements for resort when providing accommodations for disabled the 2004 Federal elections, taking action on the fol- voters. Page S988 lowing amendments proposed thereto: Pages S987–94 Dodd (for Schumer) Modified Amendment No. Adopted: 2914, to permit the use of a signature or personal Collins Amendment No. 2915, to provide an ini- mark for the purpose of verifying the identity of vot- tial payment to States filing a State plan and sub- ers who register by mail. Page S988 D116

VerDate 11-MAY-2000 02:09 Feb 26, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE2.REC pfrm04 PsN: D25FE2 February 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D117 Dodd (for Kennedy) Amendment No. 2916, to genson, to be United States District Judge for the clarify the application of the safe harbor provisions. District of Arizona. Page S1135 Page S988 Executive Communications: Pages S1000–04 During consideration of this measure today, Senate also took the following action: Additional Cosponsors: Pages S1004–05 Reid (for Hollings) Amendment No. 2919, to re- Additional Statements: Pages S998–S1000 quire the Office of Election Administration to con- Amendments Submitted: Pages S1005–06 sult with the National Institute of Standards and Notices of Hearings/Meetings: Page S1006 Technology when promulgating or reviewing voting systems standards, adopted by the Senate on Friday, Privilege of the Floor: Page S1006 February 15, 2002, was modified. Page S993 Text of H.R. 2646, as Previously Passed: Senate will continue consideration of the bill on Pages S1006–S1135 Tuesday, February 26, 2002. Adjournment: Senate met at 12 noon, and ad- Nominations—Agreement: A unanimous-consent journed at 5:36 p.m., until 9:45 a.m., on Tuesday, agreement was reached providing for consideration of February 26, 2002. (For Senate’s program, see the re- the nomination of Robert E. Blackburn, to be marks of the Acting Majority Leader in today’s United States District Judge for the District of Colo- Record on page S1135). rado, with a vote to occur thereon at 10 a.m.; fol- lowed by a vote on the nomination of Cindy K. Jor- Committee Meetings No committee meetings were held. h House of Representatives S. 1026, to designate the United States Post Of- Chamber Action fice located at 60 Third Avenue in Long Branch, The House was not in session today. It has ad- New Jersey, as the ‘‘Pat King Post Office Building’’. journed for the President’s Birthday District Work Signed on February 14, 2002. (Public Law 107–146) Period. Pursuant to the provisions of S. Con. Res. 97, the House will meet Tuesday, February 26 at 2 f p.m. CONGRESSIONAL PROGRAM AHEAD Committee Meetings Week of February 26 through March 2, 2002 No Committee meetings were held. Senate Chamber f On Tuesday, at 9:45 a.m., Senate will consider the NEW PUBLIC LAWS nomination of Robert E. Blackburn, to be United (For last listing of Public Laws, see DAILY DIGEST of February States District Judge for the District of Colorado, 13, 2002, p. D100) with a vote to occur thereon at 10 a.m.; followed by H.J. Res. 82, recognizing the 91st birthday of a vote on the nomination of Cindy K. Jorgenson, to Ronald Reagan. Signed on February 14, 2002. (Pub- be United States District Judge for the District of lic Law 107–143) Arizona. Also, Senate will continue consideration of S. 737, to designate the facility of the United S. 565, Election Reform. States Postal Service located at 811 South Main During the balance of the week, Senate may con- Street in Yerington, Nevada, as the ‘‘Joseph E. Dini, sider any other cleared legislative and executive busi- Jr. Post Office’’. Signed on February 14, 2002. (Pub- ness. lic Law 107–144) S. 970, to designate the facility of the United Senate Committees States Postal Service located at 39 Tremont Street, (Committee meetings are open unless otherwise indicated) Paris Hill, Maine, as the Horatio King Post Office Special Committee on Aging: February 27, to hold hear- Building. Signed on February 14, 2002. (Public Law ings to examine the shortage of geriatric trained health 107–145) care professionals, 9 a.m., SD–628.

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Committee on Appropriations: February 26, Subcommittee request for fiscal year 2003 on the Army Corps of Engi- on Commerce, Justice, State, and the Judiciary, to hold neers, the Federal Highway Administration, and the De- hearings on proposed budget estimates for fiscal year partment of Education, 10 a.m., SD–608. 2003 for the Department of Justice, 10 a.m., SD–138. February 27, Full Committee, to hold hearings to ex- February 26, Subcommittee on Foreign Operations, to amine the long-term budgetary outlook, 10 a.m., hold hearings to examine proposed budget estimates for SD–608. fiscal year 2003 for the United States Agency for Inter- February 28, Full Committee, to hold hearings to ex- national Development, 10 a.m., SD–192. amine the President’s proposed budget request for fiscal February 27, Subcommittee on Transportation, to hold year 2003, focusing on winning the war, transformation, hearings to examine highway safety programs, 9:30 a.m., and reform issues, 10 a.m., SD–608. SD–116. Committee on Commerce, Science, and Transportation: Feb- February 27, Subcommittee on VA, HUD, and Inde- ruary 26, to hold hearings to examine certain issues with pendent Agencies, to hold hearings to examine the role respect to the collapse of Enron Corporation, 9:30 a.m., of the Federal Emergency Management Agency con- SR–253. cerning terrorism response, 9:30 a.m., SD–124. February 27, Subcommittee on Science, Technology, February 27, Subcommittee on Defense, to hold hear- and Space, to hold hearings on S. 414, to amend the Na- ings to examine proposed budget estimates for fiscal year tional Telecommunications and Information Administra- 2003 for the Department of Defense, 10 a.m., SD–192. tion Organization Act to establish a digital network tech- February 27, Subcommittee on Agriculture, Rural De- nology program, focusing on the digital divide and mi- velopment, and Related Agencies, to hold hearings to ex- nority serving institutions, 2 p.m., SR–253. amine the overview of the U.S. Department of Agri- February 28, Full Committee, to hold hearings to ex- culture, 10 a.m., SD–138. amine the protection of content in a digital age, focusing February 28, Subcommittee on Labor, Health and on promoting broadband and digital television transition, Human Services, and Education, with the Committee on 9:30 a.m., SR–253. Health, Education, Labor, and Pensions, Subcommittee Committee on Energy and Natural Resources: February 26, on Public Health, to hold joint hearings to examine what to hold hearings on the nomination of Raymond L. women need to know with respect to mammography, Orbach, of California, to be Director of the Office of 2:30 p.m., SD–106. Science, Department of Energy, 9 a.m., SD–366. Committee on Armed Services: February 27, Subcommittee Committee on Environment and Public Works: February 26, on Readiness and Management Support, to hold hearings to hold hearings to examine S. 252, to amend the Federal to examine acquisition policy issues of the Department of Water Pollution Control Act to authorize appropriations Defense, 10 a.m., SR–222. for State water pollution control revolving funds; S. 285, February 27, Subcommittee on Emerging Threats and Capabilities, to hold hearings to examine Iraq’s weapons to amend the Federal Water Pollution Control Act to au- of mass destruction program; to be followed by closed thorize the use of State revolving loan funds for construc- hearings in SR–232A, 2:30 p.m., SR–222. tion of water conservation and quality improvements; S. February 28, Full Committee, to hold hearings to ex- 503, to amend the Safe Water Act to provide grants to amine the future of the North Atlantic Treaty Organiza- small public drinking water system; S. 1044, to amend tion (NATO), 9:30 a.m., SH–216. the Federal Water Pollution Control Act to provide as- February 28, Subcommittee on Readiness and Manage- sistance for nutrient removal technologies to States in the ment Support, to hold hearings to examine the Depart- Chesapeake Bay watershed; and S. 1961, to improve fi- ment of Defense authorization request for fiscal year nancial and environmental sustainability of the water pro- 2003, focusing on installations and environmental pro- grams of the United States, 9:30 a.m., SD–406. grams, 2:30 p.m., SR–232A. February 28, Subcommittee on Fisheries, Wildlife, and Committee on Banking, Housing, and Urban Affairs: Feb- Water, to hold hearings to examine S. 252, to amend the ruary 26, to resume oversight hearings to examine ac- Federal Water Pollution Control Act to authorize appro- counting and investor protection issues, focusing on pro- priations for State water pollution control revolving posals for change relating to financial reporting by public funds; S. 285, to amend the Federal Water Pollution companies, accounting standards, and oversight of the ac- Control Act to authorize the use of State revolving loan counting profession, 10 a.m., SD–538. funds for construction of water conservation and quality February 27, Full Committee, to hold oversight hear- improvements; S. 503, to amend the Safe Water Act to ings to examine issues with respect to corporate govern- provide grants to small public drinking water system; S. ance, 10 a.m., SD–538. 1044, to amend the Federal Water Pollution Control Act February 28, Full Committee, to hold oversight hear- to provide assistance for nutrient removal technologies to ings to examine issues with respect to the sending of re- States in the Chesapeake Bay watershed; and S. 1961, to mittances, 10 a.m., SD–538. improve financial and environmental sustainability of the February 28, Subcommittee on International Trade and water programs of the United States, 2:30 p.m., SD–406. Finance, to hold hearings to examine Argentina’s current Committee on Foreign Relations: February 27, to hold economic situation, 2:30 p.m., SD–538. hearings to examine the development of a secure future, Committee on the Budget: February 26, to hold hearings focusing on democratization, poverty alleviation, and to examine the effect of the President’s proposed budget human rights, 10 a.m., SD–419.

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February 27, Subcommittee on International Oper- (1) H.R. 1892, Family Sponsor Immigration (con- ations and Terrorism, to hold hearings to examine U.S. cur in Senate amendment); contributions toward the United Nation’s Population Wednesday and Thursday, consideration of H.R. Fund and how it effects the lives of women, 2:15 p.m., 1542, Internet Freedom and Broadband Deployment SD–419. Act (subject to a rule); February 28, Full Committee, to hold hearings on the Friday, nomination of Emmy B. Simmons, of the District of Co- the House is not in session. lumbia, to be Assistant Administrator for Economic House Committees Growth, Agriculture, and Trade, United States Agency Committee on Agriculture, February 27, to consider Com- for International Development, 2:30 p.m., SD–419. mittee Budget Views and Estimates for Fiscal Year 2003 Committee on Governmental Affairs: March 1, Sub- for submission to the Committee on the Budget, 10 a.m., committee on International Security, Proliferation and 1300 Longworth. Federal Services, to hold hearings to examine U.S. policy Committee on Appropriations, February 26, Subcommittee in Iraq, 10 a.m., SD–342. on Labor, Health and Human Services and Education, on Committee on Health, Education, Labor, and Pensions: Feb- SSA, 2 p.m., 2358 Rayburn. ruary 26, to hold hearings on the nomination of Gerald February 27, Subcommittee on Agriculture, Rural De- Reynolds, of Missouri, to be Assistant Secretary of Edu- velopment, Food and Drug Administration and Related cation for Civil Rights, 3 p.m., SD–430. Agencies, on NRE/Natural Resources Conservation Serv- February 27, Full Committee, to hold hearings to ex- ice, 9:30 a.m., 2362A Rayburn. amine S. 1284, to prohibit employment discrimination on February 27, Subcommittee on Commerce, Justice, the basis of sexual orientation, 10 a.m., SD–430. State and Judiciary, on Secretary of Commerce, 2 p.m., February 27, Subcommittee on Employment, Safety 2358 Rayburn. and Training, to hold hearings to examine workplace February 27, Subcommittee on Energy and Water De- safety and health issues with respect to immigrant and velopment, on U.S. Army Corps of Engineers, 10 a.m., low-wage workers, 2 p.m., SD–430. 2362B Rayburn. February 28, Subcommittee on Public Health, with the February 27, Subcommittee on Interior, on Secretary of Committee on Appropriations, Subcommittee on Labor, the Interior, 10 a.m., B–308 Rayburn. Health and Human Services, and Education, to hold joint February 27, Subcommittee on Labor, Health and hearings to examine what women need to know with re- Human Services and Education, on Department of Labor- spect to mammography, 2:30 p.m., SD–106. Employment Assistance and Training Activities Panel, Committee on Indian Affairs: February 26, to hold hear- 9:45 a.m., 2358 Rayburn. ings on rulings of the United States Supreme Court af- February 27, Subcommittee on Military Construction, fecting tribal government powers and authorities, 10 on Army, 1:30 p.m., H–140 Rayburn. a.m., SD–106. February 27, Subcommittee on Transportation, on The February 27, Full Committee, to hold oversight hear- Future of AMTRAK, 1 p.m., 2358 Rayburn. ings on the management of Indian Trust Funds, 2 p.m., February 27, Subcommittee on Treasury, Postal Service SD–106. and General Government, on U.S. Customs, 10 a.m., Committee on the Judiciary: February 26, Subcommittee 2359 Rayburn and on Secret Service, 2 p.m., 2362A Ray- on Technology, Terrorism, and Government Information, burn. to hold hearings to examine the security of our ports February 28, Subcommittee on Agriculture, Rural De- against terror, focusing on technology, resources and velopment, Food and Drug Administration and Related homeland defense, 3 p.m., SD–226. Agencies, on Research, Education and Economics, 9:30 February 27, Full Committee, to hold hearings to ex- a.m., 2362A Rayburn. amine sovereign immunity and the protection of intellec- February 28, Subcommittee on Commerce, Justice, tual property, 10 a.m., SD–226. State and Judiciary, on Attorney General, 2 p.m., 2358 February 28, Subcommittee on Immigration, to hold Rayburn. hearings to examine the Unaccompanied Alien Child Pro- February 28, Subcommittee on Defense, executive, on tection Act, 2:30 p.m., SD–226. Missile Defense, 9:30 a.m., H–140 Capitol. Committee on Small Business and Entrepreneurship: Feb- February 28, Subcommittee on Energy and Water De- ruary 27, to hold hearings to examine the President’s pro- velopment, on Bureau of Reclamation, 10 a.m., 2362B posed budget request for fiscal year 2003 for the Small Rayburn. Business Administration, 9 a.m., SR–428A. February 28, Subcommittee on Interior, on Fossil En- Committee on Veterans’ Affairs: February 27, to hold joint ergy, 10 a.m., and on Energy Conservation, 11 a.m., hearings with the House Committee on Veterans’ Affairs B–308 Rayburn. to examine the legislative presentations of the Disabled February 28, Subcommittee on Labor, Health and American Veterans and the Veterans of Foreign Wars, Human Services and Education, on Corporation for Public 9:30 a.m., 345, Cannon Building. Broadcasting; Institute of Museum and Library Services; House Chamber and the National Commission on Libraries and Informa- tion Science, 9:45 a.m., 2358 Rayburn. Monday, the House was not in session. February 28, Subcommittee on Transportation, on Fed- Tuesday, consideration of suspensions including: eral Highway Administration, 10 a.m., 2358 Rayburn.

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February 28, Subcommittee on Treasury, Postal Service Sector Solutions Can Be Applied to Public Sector Prob- and General Government, on Bureau of Alcohol, Tobacco lems,’’ 10 a.m., 2154 Rayburn. and Firearms, 10 a.m., and on IRS, 2 p.m., 2359 Ray- February 27, full Committee, hearing on ‘‘Justice De- burn. partment Misconduct in Boston: Are Legislative Solutions Committee on Armed Services, February 26, Special Over- Required?’’ 10 a.m., 2154 Rayburn. sight Panel on Department of Energy Reorganization, February 28, hearing on ‘‘Quickening the Pace of Re- hearing on the implementation of the National Nuclear search in Protecting Against Anthrax and Other Biologi- Security Administration of the provisions contained in cal Terrorist Agents—A Look at Toxin Interference,’’ 10 Title 32 of the National Defense Authorization Act for a.m., 2154 Rayburn. Fiscal Year 2000, 4 p.m., 2212 Rayburn. Committee on International Relations, February 27, Sub- February 27 and 28, full Committee, to continue hear- committee on East Asia and the Pacific and the Sub- ings on the fiscal year 2003 National Defense Authoriza- committee on the Middle East and South Asia, joint tion budget request, 2 p.m., on February 27 and 9:30 hearing on U.S. Security Policy in Asia and the Pacific: a.m., on February 28, 2118 Rayburn. the View from Pacific Command, 10 a.m., 2172 Ray- February 27, Subcommittee on Military Procurement burn. and the Subcommittee on Military Research and Develop- February 27, Subcommittee on Europe, hearing on ment, joint hearing on the Missile Defense Agency and U.S.-Russian Relations: An Assessment, 1:45 p.m., 2172 the fiscal year 2003 National Defense Authorization Rayburn. budget request, 10 a.m., 2118 Rayburn. February 28, full Committee, hearing on the U.N. February 28, full Committee, hearing on the Export Criminal Tribunals for Yugoslavia and Rwanda: Inter- Administration Act of 2001, 1 p.m., 2118 Rayburn. national Justice or Show of Justice? 11 a.m., 2172 Ray- Committee on the Budget, February 28, hearing on De- burn. partment of Health and Human Services Budget Prior- February 28, Subcommittee on Africa, hearing on ities Fiscal Year 2003, 10 a.m., 219 Cannon. Zimbabwe: Are ‘‘Free’’ and ‘‘Fair’’ Elections Possible? Committee on Education and the Workforce, February 27, 2:30 p.m., 2172 Rayburn. Subcommittee on Employer-Employee Relations, hearing Committee on the Judiciary, February 26, Subcommittee on ‘‘Enron and Beyond: Legislative Solutions,’’ 10:30 on Crime, to mark up H.R. 3482, Cyber Security En- a.m., 2175 Rayburn. hancement Act of 2001, 4 p.m., 2237 Rayburn. February 27, Subcommittee on 21st Century Competi- February 27, full Committee, to consider Committee tiveness, hearing on ‘‘Assessing the Child Care and Devel- Budget Views and Estimates for Fiscal Year 2003 for opment Block Grant,’’ 2 p.m., 2175 Rayburn. submission to the Committee on the Budget, and to February 28, Subcommittee on Education Reform, mark up H.R. 2146, Two Strikes You’re Out Child Pro- hearing on ‘‘The Reauthorization of the Office of Edu- tection Act, 10:30 a.m., 2141 Rayburn. cational Research and Improvement,’’ 10 a.m., 2175 Ray- February 28, Subcommittee on Commercial and Ad- burn. ministrative Law, oversight hearing on the Legal Services Committee on Energy and Commerce, February 28, Sub- Corporation, 10 a.m., 2141 Rayburn. committee on Commerce, Trade, and Consumer Protec- February 28, Subcommittee on the Constitution, hear- tion, hearing entitled ‘‘Implementation of the TREAD ing on H.J. Res. 67, proposing an amendment to the Act: One Year Later,’’ 9:30 a.m., 2322 Rayburn. Constitution of the United States regarding the appoint- February 28, Subcommittee on Health, hearing on ment of individuals to serve as Members of the House of ‘‘The Uninsured and Affordable Health Care Coverage,’’ Representatives in the event a significant number of 10 a.m., 334 Cannon. Members are unable to serve at any time because of a na- Committee on Financial Services, February 26, Sub- tional emergency, 1 p.m., 2237 Rayburn. committee on Oversight and Investigations, hearing enti- February 28, Subcommittee on Immigration and tled ‘‘Retirement Protection: Fighting fraud in the sale of Claims, oversight hearing on ‘‘The Implications of death,’’ 2 p.m., 2220 Rayburn. Transnational Terrorism and the Argentine Economic February 27, full Committee, hearing on monetary pol- Collapse for the Visa Waiver Program, 3 p.m., 2237 Ray- icy and the state of the economy, 10 a.m., 2128 Rayburn. burn. February 27, Subcommittee on Oversight and Inves- Committee on Resources, February 27, to mark up the fol- tigations, hearing entitled ‘‘How much are Americans at lowing measures: H. Con. Res. 275, expressing the sense risk until Congress Passes Terrorism Insurance Protec- of the Congress that hunting seasons for migratory tion?’’ 3 p.m., 2128 Rayburn. mourning doves should be modified so that individuals February 28, full Committee, hearing on the Inter- have a fair and equitable opportunity to hunt such birds; national Monetary Fund, 1 p.m., 2128 Rayburn. H.R. 706, to direct the Secretary of the Interior to con- Committee on Government Reform, February 26, Sub- vey certain properties in the vicinity of the Elephant committee on Criminal Justice, Drug Policy and Human Butte Reservoir and the Caballo Reservoir, New Mexico; Resources, hearing on ‘‘The National Drug Control Strat- H.R. 1712, to authorize the Secretary of the Interior to egy for 2002,’’ 2:30 p.m., 2154 Rayburn. make minor adjustments to the boundary of the National February 26, Subcommittee on Technology and Pro- Park of American Samoa to include certain portions of curement Policy, hearing on ‘‘Helping Federal Agencies the islands of Ofu and Olosega within the park; H.R. Meet Their Homeland Security Missions: How Private 1870, Fallon Rail Freight Loading Facility Transfer Act;

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H.R. 1883, Burnt, Malheur, Owyhee, and Powder River in Eugene, Oregon, as the ‘‘Wayne Lyman Morse United Basin Water Optimization Feasibility Study Act of 2001; States Courthouse;’’ H. Con. Res. 255, expressing the H.R. 2963, Deep Creek Wilderness Act; and H.R. 3389, sense of the Congress regarding the 30th anniversary of National Sea Grant College Program Act Amendments of the enactment of the Clean Water Act; and other pend- 2001, 10 a.m., 1324 Longworth. ing business, 1 p.m., 2167 Rayburn. February 27, Subcommittee on Energy and Mineral February 27, Subcommittee on Aviation, hearing on Resources, oversight hearing on Fiscal Year 2003 U.S. Aviation Security, focusing on Passenger Profiling, 9:30 Geological Survey, Minerals Management Service and Of- a.m., 2167 Rayburn. fice of Surface Mining Reclamation and Enforcement February 27, Subcommittee on Water Resources and Budgets, 2 p.m., 1324 Longworth. Environment, hearing on the Corps of Engineers’ Budget Committee on Rules, February 26, to consider H.R. 1542, and Priorities for Fiscal Year 2003, 2:30 p.m., 2167 Ray- Internet Freedom and Broadband Development Act of burn. 2001, 5 p.m., H–313 Capitol. February 28, Subcommittee on Highways and Transit, Committee on Science, February 27, hearing on NASA’s hearing on Perspectives of Governors and Local Elected Fiscal Year 2003 Budget Request, 10 a.m., 2318 Ray- Officials on Reauthorization of TEA 21, 10 a.m., 2167 burn. Rayburn. February 28, Subcommittee on Environment, Tech- Committee on Veterans’ Affairs, February 27, Sub- nology, and Standards, hearing on the NOAA Sea Grant committee on Health, hearing to consider issues of oper- Program: Review and Reauthorization, 10 a.m., 2318 ational and medical readiness in the active duty force and Rayburn. their relationships to the health status of the veteran pop- Committee on Small Business, February 27, hearing on ulation, 2 p.m., 334 Cannon. ‘‘Subsidy Rate Calculation: An Unfair Tax on Small Busi- Committee on Ways and Means, February 26, hearing on ness?’’ 2 p.m., 2360 Rayburn. Retirement Security and Defined Contribution Plans, 2 Committee on Transportation and Infrastructure, February p.m., 1100 Longworth. 27, to consider the following: Committee Views and Esti- February 27, hearing on the WTO’s Extraterritorial In- mates for Fiscal Year 2003 for submission to the Com- come Decision, 10 a.m., 1100 Longworth. mittee on the Budget; public buildings 112(b) resolu- February 28, Subcommittee on Health, hearing on the tions; S. 1622, to extend the period of availability of un- Physician Payments, 9:30 a.m., 1100 Longworth. employment assistance under the Robert T. Stafford Dis- February 28, Subcommittee on Oversight, hearing on aster Relief and Emergency Assistance Act in the case of IRS National Taxpayer Advocate Annual Report and IRS victims of the terrorist attacks of September 11, 2001; Oversight Board Annual Report, 2 p.m., 1100 Long- H.R. 2804, to designate the United States courthouse lo- worth. cated at 95 Seventh Street in San Francisco, California, as February 28, Subcommittee on Social Security, hearing the ‘‘James R. Browning United States Courthouse;’’ on Social Security Improvements for Women, Seniors and H.R. 3282, to designate the Federal building and United Working Americans, 11 a.m., B–318 Rayburn. States courthouse located at 400 North Main Street in Butte, Montana, as the ‘‘Mike Mansfield Federal Building Joint Meetings and United States Courthouse;’’ H.R. 3643, to designate Joint Meetings: February 27, Senate Committee on Vet- the Federal building and United States courthouse located erans’ Affairs, to hold joint hearings with the House at 120 12th Street in Columbus, Georgia, as the ‘‘J. Rob- Committee on Veterans’ Affairs to examine the legislative ert Elliott Federal Building and United States Court- presentations of the Disabled American Veterans and the house;’’ S. 1270, to designate the United States court- Veterans of Foreign Wars, 9:30 a.m., 345 Cannon Build- house to be constructed at 8th Avenue and Mill Street ing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, February 26 2 p.m., Tuesday, February 26

Senate Chamber House Chamber Program for Tuesday: Senate will consider the nomina- Program for Tuesday: Consideration of suspensions in- tion of Robert E. Blackburn, to be United States District cluding: Judge for the District of Colorado, with a vote to occur H.R. 1892, Family Sponsor Immigration (concur in thereon at 10 a.m.; followed by a vote on the nomination Senate amendment). of Cindy K. Jorgenson, to be United States District Judge for the District of Arizona. At 2:15 p.m., Senate will begin a period of morning business (not to extend beyond 3:15 p.m.) Also, Senate will continue consideration of S. 565, Election Reform. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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