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H.R.2646
Agriculture, Conservation, and Rural Enhancement Act of 2002
(Engrossed Amendment as Agreed to by Senate)
SEC. 1070. BEAR PROTECTION .
(a) SHORT TITLE- This section may be cited as the `Bear Protection Act of 2002'.
(b) FINDINGS- Congress finds that--
(1) all 8 extant species of bear --Asian black bear , brown bear , polar bear , American black bear , spectacled bear , giant panda, sun bear , and sloth bear --are listed on Appendix I or
II of the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (27 UST 1087; TIAS 8249);
(2)(A) Article XIV of CITES provides that Parties to CITES may adopt
stricter domestic measures regarding the conditions for trade, taking,
possession, or transport of species listed on Appendix I or II;
and
(B) the Parties to CITES adopted a resolution in 1997 (Conf. 10.8)
urging the Parties to take immediate action to demonstrably reduce the
illegal trade in bear
parts;
(3)(A) thousands of bears in Asia are cruelly confined in small
cages to be milked for their bile; and
(B) the wild Asian bear population has declined
significantly in recent years as a result of habitat loss and poaching due
to a strong demand for bear
viscera used in traditional medicines and cosmetics;
(4) Federal and State undercover operations have revealed that
American bears have been poached for their viscera;
(5) while most American black bear populations are generally
stable or increasing, commercial trade could stimulate poaching and threaten
certain populations if the demand for bear viscera increases;
and
(6) prohibitions against the importation into the United States and
exportation from the United States, as well as prohibitions against the
interstate trade, of bear
viscera and products containing, or labeled or advertised as containing,
bear viscera will assist in
ensuring that the United States does not contribute to the decline of any
bear population as a result of
the commercial trade in bear
viscera.
(c) PURPOSE- The purpose of this section is to ensure the long-term
viability of the world's 8 bear
species by--
(1) prohibiting interstate and international trade in bear viscera and products
containing, or labeled or advertised as containing, bear viscera;
(2) encouraging bilateral and multilateral efforts to eliminate such
trade; and
(3) ensuring that adequate Federal legislation exists with respect
to domestic trade in bear
viscera and products containing, or labeled or advertised as containing,
bear viscera.
(d) DEFINITIONS- In this section:
(1) BEAR VISCERA- The
term `bear viscera' means the
body fluids or internal organs, including the gallbladder and its contents
but not including the blood or brains, of a species of bear .
(2) CITES- The term `CITES' means the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS
8249).
(3) IMPORT- The term `import' means to land on, bring into, or
introduce into any place subject to the jurisdiction of the United States,
regardless of whether the landing, bringing, or introduction constitutes an
importation within the meaning of the customs laws of the United
States.
(4) PERSON- The term `person' means--
(A) an individual, corporation, partnership, trust, association,
or other private entity;
(B) an officer, employee, agent, department, or instrumentality
of--
(i) the Federal Government;
(ii) any State or political subdivision of a State;
or
(iii) any foreign government; and
(C) any other entity subject to the jurisdiction of the United
States.
(5) SECRETARY- The term `Secretary' means the Secretary of the
Interior.
(6) STATE- The term `State' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, American Samoa, and any other territory,
commonwealth, or possession of the United States.
(7) TRANSPORT- The term `transport' means to move, convey, carry, or
ship by any means, or to deliver or receive for the purpose of movement,
conveyance, carriage, or shipment.
(1) IN GENERAL- Except as provided in paragraph (2), a person shall
not--
(A) import into, or export from, the United States bear viscera or any product, item,
or substance containing, or labeled or advertised as containing, bear viscera; or
(B) sell or barter, offer to sell or barter, purchase, possess,
transport, deliver, or receive, in interstate or foreign commerce, bear viscera or any product, item,
or substance containing, or labeled or advertised as containing, bear viscera.
(2) EXCEPTION FOR WILDLIFE LAW ENFORCEMENT PURPOSES- A person
described in subsection (d)(4)(B) may import into, or export from, the
United States, or transport between States, bear viscera or any product, item,
or substance containing, or labeled or advertised as containing, bear viscera if the importation,
exportation, or transportation--
(A) is solely for the purpose of enforcing laws relating to the
protection of wildlife;
and
(B) is authorized by a valid permit issued under Appendix I or II
of CITES, in any case in which such a permit is required under
CITES.
(f) PENALTIES AND ENFORCEMENT-
(1) CRIMINAL PENALTIES- A person that knowingly violates subsection
(e) shall be fined under title 18, United States Code, imprisoned not more
than 1 year, or both.
(A) AMOUNT- A person that knowingly violates subsection (e) may be
assessed a civil penalty by the Secretary of not more than $25,000 for
each violation.
(B) MANNER OF ASSESSMENT AND COLLECTION- A civil penalty under
this paragraph shall be assessed, and may be collected, in the manner in
which a civil penalty under the Endangered Species Act of 1973 may be
assessed and collected under section 11(a) of that Act (16 U.S.C.
1540(a)).
(3) SEIZURE AND FORFEITURE- Any bear viscera or any product, item,
or substance imported, exported, sold, bartered, attempted to be imported,
exported, sold, or bartered, offered for sale or barter, purchased,
possessed, transported, delivered, or received in violation of this
subsection (including any regulation issued under this subsection) shall be
seized and forfeited to the United States.
(4) REGULATIONS- After consultation with the Secretary of the
Treasury and the United States Trade Representative, the Secretary shall
issue such regulations as are necessary to carry out this
subsection.
(5) ENFORCEMENT- The Secretary, the Secretary of the Treasury, and
the Secretary of the department in which the Coast Guard is operating shall
enforce this subsection in the manner in which the Secretaries carry out
enforcement activities under section 11(e) of the Endangered Species Act of
1973 (16 U.S.C. 1540(e)).
(6) USE OF PENALTY AMOUNTS- Amounts received as penalties, fines, or
forfeiture of property under this subsection shall be used in accordance
with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(d)).
(g) DISCUSSIONS CONCERNING BEAR CONSERVATION AND THE BEAR PARTS TRADE- In order to seek to
establish coordinated efforts with other countries to protect bears, the
Secretary shall continue discussions concerning trade in bear viscera with--
(1) the appropriate representatives of Parties to CITES;
and
(2) the appropriate representatives of countries that are not
parties to CITES and that are determined by the Secretary and the United
States Trade Representative to be the leading importers, exporters, or
consumers of bear
viscera.
(h) CERTAIN RIGHTS NOT AFFECTED- Except as provided in subsection (e),
nothing in this section affects--
(1) the regulation by any State of the bear population of the State;
or
(2) any hunting of bears that is lawful under applicable State law
(including regulations).
SEC. 1071. REENACTMENT OF FAMILY FARMER BANKRUPTCY PROVISIONS.
(a) REENACTMENT- Notwithstanding any other provision of law, chapter
12 of title 11, United States Code, is hereby reenacted.
(b) CONFORMING REPEAL- Section 302(f) of Public Law 99-554 (100 Stat.
3124) is repealed.
(c) EFFECTIVE DATE- This section shall be deemed to have taken effect
on October 1, 2001.
SEC. 1072. PROHIBITION ON PACKERS OWNING, FEEDING, OR CONTROLLING
LIVESTOCK.
(a) IN GENERAL- Section 202 of the Packers and Stockyards Act, 1921 (7
U.S.C. 192(f)) (as amended by section 1043(a)), is amended by striking
subsection (f) and inserting the following:
`(f) Own or feed livestock directly, through a subsidiary, or through
an arrangement that gives the packer operational, managerial, or supervisory
control over the livestock, or over the farming operation that produces the
livestock, to such an extent that the producer is no longer materially
participating in the management of the operation with respect to the
production of the livestock, except that this subsection shall not apply
to--
`(1) an arrangement entered into within 14 days before slaughter of
the livestock by a packer, a person acting through the packer, or a person
that directly or indirectly controls, or is controlled by or under common
control with, the packer;
`(2) a cooperative or entity owned by a cooperative, if a majority
of the ownership interest in the cooperative is held by active cooperative
members that--
`(A) own, feed, or control livestock; and
`(B) provide the livestock to the cooperative for slaughter;
or
`(3) a packer that is owned or controlled by producers of a type of
livestock, if during a calendar year the packer slaughters less than 2
percent of the head of that type of livestock slaughtered in the United
States; or'.
(1) IN GENERAL- Subject to paragraph (2), the amendments made by
subsection (a) take effect on the date of enactment of this Act.
(2) TRANSITION RULES- In the case of a packer that on the date of
enactment of this Act owns, feeds, or controls livestock intended for
slaughter in violation of section 202(f) of the Packers and Stockyards Act,
1921 (as amended by subsection (a)), the amendments made by subsection (a)
apply to the packer--
(A) in the case of a packer of swine, beginning on the date that
is 18 months after the date of enactment of this Act; and
(B) in the case of a packer of any other type of livestock,
beginning as soon as practicable, but not later than 180 days, after the
date of enactment of this Act, as determined by the Secretary of
Agriculture.
SEC. 1073. EQUITY AND FAIRNESS FOR THE PROMOTION OF IMPORTED HASS
AVOCADOS.
Section 1205 of the Hass Avocado Promotion, Research, and Information
Act (contained in H.R. 5426 of the One Hundred Sixth Congress, as introduced
on October 6, 2000 and as enacted by Public Law 106-387) is amended--
(1) in subsection (b)(2) after subparagraph (B) insert--
`(C) FUTURE ALLOCATION- After 5 years, the United States
Department of Agriculture has discretion to revisit the issue of seat
allocation on the board.'.
(2) in subsection (h)(1)(C)(iii) by striking everything in the first
sentence following `shall' and inserting in lieu thereof `be paid not less
than 30 days after the avocado clears customs, unless deemed not feasible as
determined by the Commissioner of Customs in consultation with the Secretary
of Agriculture.'.
SEC. 1074. SENSE OF THE SENATE REGARDING SOCIAL SECURITY SURPLUS
FUNDS.
(1) Since both political parties have pledged not to misuse social
security surplus funds by spending them for other purposes.
(2) Since under the Administration's fiscal year 2003 budget, the
Federal Government is projected to spend the social security surplus for
other purposes in each of the next 10 years.
(3) Since permanent extension of the inheritance tax repeal would
cost, according to the Administration's estimate, approximately
$104,000,000,000 over the next 10 years, all of which would further reduce
the social security surplus.
(b) SENSE OF THE SENATE- Therefore it is the sense of the Senate that
no social security surplus funds should be used to pay to make currently
scheduled tax cuts permanent or for wasteful spending.
SEC. 1075. SENSE OF THE SENATE ON PERMANENT REPEAL OF ESTATE
TAXES.
(1) The Economic Growth and Tax Relief Reconciliation Act of 2001
provided substantial relief from Federal estate and gift taxes beginning
this year and repealed the Federal estate tax for one year beginning on
January 1, 2010.
(2) The Economic Growth and Tax Relief Reconciliation Act of 2001
contains a `sunset' provision that reinstates the Federal estate tax at its
2001 level beginning on January 1, 2011.
(b) SENSE OF THE SENATE- Therefore, it is the sense of the Senate that
the repeal of the estate tax should be made permanent by eliminating the
sunset provision's applicability to the estate tax.
SEC. 1076. COMMERCIAL FISHERIES FAILURE.
(a) IN GENERAL- In addition to amounts appropriated or otherwise made
available by this Act, there are appropriated to the Department of Agriculture
$10,000,000 for fiscal year 2002, which shall be transferred to the Commodity
Credit Corporation to provide, in consultation with the Secretary of Commerce,
emergency disaster assistance for the commercial fishery failure under section
308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(b)(1)) with respect to Northeast multispecies fisheries.
(b) PROGRAM REQUIREMENTS- Amounts made available under this section
shall be used to support a voluntary fishing capacity reduction program in the
Northeast multispecies fishery that--
(1) is certified by the Secretary of Commerce to be consistent with
section 312(b) of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1861a(b)); and
(2) permanently revokes multispecies limited access fishing permits
so as to obtain the maximum sustained reduction in fishing capacity at the
least cost and in the minimum period of time and to prevent the replacement
of fishing capacity removed by the program.
(c) APPLICATION OF INTERIM FINAL RULE- The program shall be carried
out in accordance with the Interim Final Rule under part 648 of title 50, Code
of Federal Regulations, or any corresponding regulation or rule promulgated
thereunder.
(d) SUNSET- The authority provided by subsection (a) shall terminate 1
year after the date of enactment of this Act and no amount may be made
available under this section thereafter.
SEC. 1077. REVIEW OF STATE MEAT INSPECTION PROGRAMS.
(a) FINDINGS- Congress finds that--
(1) the goal of a safe and wholesome supply of meat and meat food
products throughout the United States would be better served if a consistent
set of requirements, established by the Federal Government, were applied to
all meat and meat food products, whether produced under State inspection or
Federal inspection;
(2) under such a system, Federal and State meat inspection programs
would function together to create a seamless inspection system to ensure
food safety and inspire consumer confidence in the food supply in interstate
commerce; and
(3) such a system would ensure the viability of State meat
inspection programs, which should help to foster the viability of small
establishments.
(b) REVIEW- Not later than September 30, 2003, the Secretary of
Agriculture shall conduct a comprehensive review of each State meat and
poultry inspection program, which shall include--
(1) an analysis of the effectiveness of the State program;
and
(2) identification of changes that are necessary to enable the
possible future transformation of the State program to a State meat and
poultry inspection program that includes the mandatory antemortem and
postmortem inspection, reinspection, sanitation, and related requirements of
the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.) (including the regulations,
directives, notices, policy memoranda, and other regulatory requirements of
those Acts).
(c) COMMENT- In carrying out subsection (a), the Secretary shall, to
the maximum extent practicable, obtain comment from interested
parties.
(d) FUNDING- There are authorized to be appropriated such sums as are
necessary to carry out this section.
SEC. 1078. AGRICULTURAL RESEARCH AND TECHNOLOGY.
(1) IN GENERAL- The Secretary of Agriculture shall conduct
scientific studies on--
(A) the transmission of spongiform encephalopathy in deer, elk,
and moose; and
(B) chronic wasting disease (including the risks that chronic
wasting disease poses to livestock).
(2) REPORT- The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the results
of the scientific studies.
(b) RESEARCH AND EXTENSION GRANT PROGRAM- The Secretary shall
establish a program to provide research and extension grants to eligible
entities (as determined by the Secretary) to develop, for livestock
production--
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