Subtitle A--Commercial Transportation of Equine for Slaughter
Sec. 901. Findings.
Sec. 902. Definitions.
Sec. 903. Regulation of commercial transportation
of equine for
slaughter.
Sec. 904. Limitation of authority to equine for
slaughter.
Sec. 905. Effective date.
Subtitle B--General Provisions
Sec. 911. Interstate quarantine.
Sec. 912. Cotton classification services.
Sec. 913. Plant variety protection for certain tuber
propagated plant
varieties.
Sec. 914. Swine health protection.
Sec. 915. Designation of Mount Pleasant National
Scenic Area.
Sec. 916. Pseudorabies eradication program.
Sec. 917. Collection and use of agricultural quarantine
and inspection
fees.
Sec. 918. Meat and poultry inspection.
Sec. 919. Reimbursable agreements.
Sec. 920. Overseas tort claims.
Sec. 921. Operation of Graduate School of Department
of Agriculture as
nonappropriated
fund instrumentality.
Sec. 922. Student internship programs.
Sec. 923. Conveyance of excess Federal personal
property.
Sec. 924. Conveyance of land to White Oak Cemetery.
Sec. 925. Sale of land by the University of Arkansas.
Sec. 926. Designation of Dale Bumpers Small Farms
Research Center.
Sec. 927. Department of Agriculture Washington Area
Strategic Space
Plan.
Sec. 928. Severability.
TITLE IX--MISCELLANEOUS
Subtitle
A <<NOTE: 7 USC 1901 note.>> --Commercial Transportation of
Equine for Slaughter
Because of the unique and special needs of equine
being transported
to slaughter, Congress finds that it is appropriate for the Secretary
of
Agriculture to issue guidelines for the regulation of the commercial
transportation of equine for slaughter by persons regularly engaged
in
that activity within the United States.
In this subtitle:
(1) Commercial transportation.--The term ``commercial
transportation'' means the
regular operation for profit of a
transport business that
uses trucks, tractors, trailers, or
semitrailers, or any combination
thereof, propelled or drawn by
mechanical power on any
highway or public road.
(2) Equine for slaughter.--The term ``equine for slaughter''
means any member of the
Equidae family being transferred to a
slaughter facility, including
an assembly point, feedlot, or
stockyard.
(3) Person.--The term ``person''--
(A) means any individual, partnership, corporation,
or cooperative association that regularly engages in the
commercial transportation of equine for slaughter; but
(B) does not include any individual or other entity
referred to in subparagraph (A) that occasionally
transports equine for slaughter incidental to the principal
activity of the individual or other entity in production
agriculture.
SEC. 903. REGULATION OF COMMERCIAL TRANSPORTATION
OF EQUINE FOR
SLAUGHTER.
(a) In General.--Subject to the availability of appropriations,
the
Secretary of Agriculture may issue guidelines for the regulation of
the
commercial transportation of equine for slaughter by persons regularly
engaged in that activity within the United States.
(b) Issues for Review.--In carrying out this section,
the Secretary
of Agriculture shall review the food, water, and rest provided to equine
for slaughter in transit, the segregation of stallions from other equine
during transit, and such other issues as the Secretary considers
appropriate.
(c) Additional Authority.--In carrying out this
section, the
Secretary of Agriculture may--
(1) require any person to maintain such records and reports
as the Secretary considers
necessary;
(2) conduct such investigations and inspections as the
Secretary considers necessary;
and
(3) establish and enforce appropriate and effective civil
penalties.
SEC. 904. LIMITATION OF AUTHORITY TO EQUINE FOR SLAUGHTER.
Nothing in this subtitle authorizes the Secretary
of Agriculture to
regulate the routine or regular transportation, to slaughter or
elsewhere, of--
(1) livestock other than equine; or
(2) poultry.
This subtitle shall become effective on the first
day of the first
month that begins 30 days or more after the date of enactment of this
Act.
Subtitle B--General Provisions
SEC. 911. INTERSTATE QUARANTINE.
The fourth sentence of section 8 of the Act of August
20, 1912 (7
U.S.C. 161), is amended by inserting after ``Provided, That'' the
following: ``if the Secretary of Agriculture determines under this
section that it is necessary to quarantine a State entirely comprised
of
islands, the Secretary of Agriculture, in implementing the restrictions
authorized under this section, shall give consideration to enhancing
passenger movement and commerce on and between islands in the State:
Provided further, That''.
SEC. 912. COTTON CLASSIFICATION SERVICES.
(a) Extension of Authorization.--The first sentence
of section 3a of
the Act of March 3, 1927 (commonly known as the ``Cotton Statistics
and
Estimates Act'') (7 U.S.C. 473a), is amended by striking ``1996'' and
inserting ``2002''.
(b) <<NOTE: Missouri.>> Cotton Classing
Office Locations.--Section
4 of the Act of March 3, 1927 (commonly known as the ``Cotton Statistics
and Estimates Act'') (7 U.S.C. 474), is amended by adding at the end
the
following: ``The Secretary of Agriculture shall maintain
until at least January 1, 1999, all cotton classing office locations
in
the State of Missouri that existed on January 1, 1996.''.
SEC. 913. PLANT VARIETY PROTECTION FOR CERTAIN TUBER PROPAGATED PLANT
VARIETIES.
(a) In General.--Section 42(a)(1)(B)(i) of the Plant
Variety
Protection Act (7 U.S.C. 2402(a)(1)(B)(i)) is amended by inserting
after
``filing'' the following: ``, except that in the case of a tuber
propagated plant variety the Secretary may waive the 4-year limitation
for a period ending 1 year after the date of enactment of the Federal
Agriculture Improvement and Reform Act of 1996''.
(b) Term of Protection.--Section 83(b) of the Plant
Variety
Protection Act (7 U.S.C. 2483(b)) is amended--
(1) by striking ``(b) The term'' and inserting the
following:
``(b) Term.--
``(1) In general.--Except as provided in paragraph (2), the
term'';
(2) in the second sentence, by striking ``If the
certificate'' and inserting
the following:
``(2) Exceptions.--If the certificate''; and
(3) in paragraph (2) (as so designated), by striking
``except that, in the case''
and inserting the following:
``except that--
``(A) in the case of a tuber propagated plant
variety subject to a waiver granted under section
42(a)(1)(B)(i), the term of the plant variety protection
shall expire 20 years after the date of the original
grant of the plant breeder's rights to the variety
outside the United States; and
``(B) in the case''.
SEC. 914. SWINE HEALTH PROTECTION.
(a) Termination of State Primary Enforcement Responsibility.--
Section 10 of the Swine Health Protection Act (7 U.S.C. 3809) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Request of State Official.--
``(1) In general.--On request of the Governor or other
appropriate official of
a State, the Secretary may terminate,
effective as soon as the
Secretary determines is practicable,
the primary enforcement
responsibility of a State under
subsection (a). In terminating
the primary enforcement
responsibility under this
subsection, the Secretary shall work
with the appropriate State
official to determine the level of
support to be provided to
the Secretary by the State under this
Act.
``(2) Reassumption.--Nothing in this subsection shall
prevent a State from reassuming
primary enforcement
responsibility if the Secretary
determines that the State meets
the requirements of subsection
(a).''.
(b) Advisory Committee.--The Swine Health Protection
Act is
amended--
(1) by striking section 11 (7 U.S.C. 3810); and
(2) by redesignating sections 12, 13, and 14 (7 U.S.C. 3811,
3812, and 3813) as sections
11, 12, and 13, respectively.
SEC. 915. DESIGNATION OF MOUNT PLEASANT NATIONAL SCENIC AREA.
Sections 1, 2, and 3(a)(1) of the George Washington
National Forest
Mount Pleasant Scenic Area Act (Public Law 103-314; 16 U.S.C. 545 note)
are each amended by striking ``George Washington National Forest Mount
Pleasant Scenic Area'' and inserting ``Mount Pleasant National Scenic
Area''.
SEC. 916. PSEUDORABIES ERADICATION PROGRAM.
Section 2506(d) of the Food, Agriculture, Conservation,
and Trade
Act of 1990 (21 U.S.C. 114i(d)) is amended by striking ``1995'' and
inserting ``2002''.
SEC. 917. COLLECTION AND USE OF AGRICULTURAL QUARANTINE
AND INSPECTION
FEES.
Section 2509 of the Food, Agriculture, Conservation,
and Trade Act
of 1990 (21 U.S.C. 136a) is amended by striking subsection (a) and
inserting the following:
``(a) Quarantine and Inspection Fees.--
``(1) Fees authorized.--The Secretary of Agriculture may
prescribe and collect fees
sufficient--
``(A) to cover the cost of providing agricultural
quarantine and inspection services in connection with
the arrival at a port in the customs territory of the
United States, or the preclearance or preinspection at a
site outside the customs territory of the United States,
of an international passenger, commercial vessel,
commercial aircraft, commercial truck, or railroad car;
``(B) to cover the cost of administering this
subsection; and
``(C) through fiscal year 2002, to maintain a
reasonable balance in the Agricultural Quarantine
Inspection User Fee Account established under paragraph
(5).
``(2) Limitation.--In setting the fees under paragraph (1),
the Secretary shall ensure
that the amount of the fees is
commensurate with the costs
of agricultural quarantine and
inspection services with
respect to the class of persons or
entities paying the fees.
The costs of the services with respect
to passengers as a class
includes the costs of related
inspections of the aircraft
or other vehicle.
``(3) Status of fees.--Fees collected under this subsection
by any person on behalf
of the Secretary are held in trust for
the United States and shall
be remitted to the Secretary in such
manner and at such times
as the Secretary may prescribe.
``(4) Late payment penalties.--If a person subject to a fee
under this subsection fails
to pay the fee when due, the
Secretary shall assess a
late payment penalty, and the overdue
fees shall accrue interest,
as required by section 3717 of title
31, United States Code.
``(5) Agricultural quarantine inspection user fee account.--
``(A) Establishment.--There is established in the
Treasury of the United States a fund, to be known as the
`Agricultural Quarantine Inspection User Fee Account',
which shall contain all of the fees collected under this
subsection and late payment penalties and interest
charges collected under paragraph (4) through fiscal
year 2002.
``(B) Use of account.--For each of fiscal years 1996
through 2002, funds in the Agricultural Quarantine
Inspection User Fee Account shall be available, in such
amounts as are provided in advance in appropriations
Acts, to cover the costs associated with the provision
of agricultural quarantine and inspection services and
the administration of this subsection. Amounts made
available under this subparagraph shall be available
until expended.
``(C) Excess fees.--Fees and other amounts collected
under this subsection in any of fiscal years 1996
through 2002 in excess of $100,000,000 shall be
available for the purposes specified in subparagraph (B)
until expended, without further appropriation.
``(6) Use of amounts collected after fiscal year 2002.--
After September 30, 2002,
the unobligated balance in the
Agricultural Quarantine
Inspection User Fee Account and fees and
other amounts collected
under this subsection shall be credited
to the Department of Agriculture
accounts that incur the costs
associated with the provision
of agricultural quarantine and
inspection services and
the administration of this subsection.
The fees and other amounts
shall remain available to the
Secretary until expended
without fiscal year limitation.
``(7) Staff years.--The number of full-time equivalent
positions in the Department
of Agriculture attributable to the
provision of agricultural
quarantine and inspection services and
the administration of this
subsection shall not be counted
toward the limitation on
the total number of full-time
equivalent positions in
all agencies specified in section 5(b)
of the Federal Workforce
Restructuring Act of 1994 (Public Law
103-226; 5 U.S.C. 3101 note)
or other limitation on the total
number of full-time equivalent
positions.''.
SEC. 918. MEAT AND POULTRY INSPECTION.
(a) Establishment of Safe Meat and Poultry Inspection
Panel.--
(1) In general.--The Federal Meat Inspection Act is
amended--
(A) by redesignating section 410 (21 U.S.C. 680) as
section 411; and
(B) by inserting after section 409 (21 U.S.C. 679)
the following:
``SEC. 410. <<NOTE: 21 USC 679a.>> SAFE MEAT AND POULTRY
INSPECTION
PANEL.
``(a) Establishment.--There is established in the
Department of
Agriculture a permanent advisory panel to be known as the `Safe Meat
and
Poultry Inspection Panel' (referred to in this section as the `panel').
``(b) Duties.--
``(1) Review and evaluation.--The panel shall review and
evaluate, as the panel considers
necessary, the adequacy,
necessity, safety, cost-effectiveness,
and scientific merit of--
``(A) inspection procedures of, and work rules and
worker relations involving Federal employees employed
in, plants inspected under this Act;
``(B) informal petitions or proposals for changes in
inspection procedures, processes, and techniques of
plants inspected under this Act;
``(C) formal changes in meat inspection regulations
promulgated under this Act, whether in notice, proposed,
or final form; and
``(D) such other matters as may be referred to the
panel by the Secretary regarding the quality or
effectiveness of a safe and cost-effective meat
inspection system under this Act.
``(2) Reports.--
``(A) In general.--The panel shall submit to the
Secretary a report on the results of each review and
evaluation carried out under paragraph (1), including
such recommendations as the panel considers appropriate.
``(B) Reports on formal changes.--In the case of a
report concerning a formal change in meat inspection
regulations, the report shall be made within the time
limits prescribed for formal comments on such changes.
``(C) Publication in federal register.--Each report
of the panel to the Secretary shall be published in the
Federal Register.
``(c) <<NOTE: Federal Register, publication.>>
Secretarial
Response.--Not later than 90 days after the publication of a panel
report under subsection (b)(2)(C), the Secretary shall publish in the
Federal Register any response required of the Secretary to the report.
``(d) Composition of Panel.--The panel shall be composed
of 7
members, not fewer than 5 of whom shall be from the food science, meat
science, or poultry science profession, appointed to staggered terms
not
to exceed 3 years by the Secretary from nominations received from the
National Institutes of Health and the Federation of American Societies
of Food Animal Science and based on the professional qualifications
of
the nominees.
``(e) Nominations.--
``(1) Initial panel.--In constituting the initial panel, the
Secretary shall solicit
6 nominees from the National Institutes
of Health and 6 nominees
from the Federation of American
Societies of Food Animal
Science for membership on the panel.
``(2) Vacancies.--Any subsequent vacancy on the panel shall
be filled by the Secretary
after soliciting 2 nominees from the
National Institutes of Health
and 2 nominees from the Federation
of American Societies of
Food Animal Science.
``(3) Requirements for nominees.--
``(A) In general.--Each nominee provided under
paragraph (1) or (2) shall have a background in public
health issues and a scientific expertise in food, meat,
or poultry science or in veterinary science.
``(B) Submission of information.--The Secretary may
require nominees to submit such information as the
Secretary considers necessary prior to completing the
selection process.
``(4) Additional nominees.--If any list of nominees provided
under paragraph (1) or (2)
is unsatisfactory to the Secretary,
the Secretary may request
the nominating entities to submit an
additional list of nominees.
``(f) Travel Expenses.--While away from the home
or regular place of
business of a member of the panel in the performance
of services for the panel, the member shall be allowed travel expenses,
including per diem in lieu of subsistence, at the same rate as a person
employed intermittently in the Government service would be allowed
under
section 5703 of title 5, United States Code.
``(g) <<NOTE: Regulations.>> Conflicts
of Interest.--The Secretary
shall promulgate regulations regarding conflicts of interest with
respect to the members of the panel.
``(h) Exemption.--The Federal Advisory Committee
Act (5 U.S.C. App.)
and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281
et seq.) shall not apply to the panel.
``(i) Funding.--From funds available to the Secretary
to carry out
this Act and the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.), the Secretary shall allocate such sums as may be necessary to
carry out this section.''.
(2) Cross reference in poultry products inspection act.--The
Poultry Products Inspection
Act (21 U.S.C. 451 et seq.) is
amended by adding at the
end the following:
``SEC. 30. <<NOTE: 21 USC 471.>> SAFE MEAT AND POULTRY INSPECTION
PANEL.
``(a) Review and Evaluation.--The advisory panel
known as the `Safe
Meat and Poultry Inspection Panel' established by section 410 of the
Federal Meat Inspection Act shall review and evaluate, as the panel
considers necessary, the adequacy, necessity, safety, cost-
effectiveness, and scientific merit of--
``(1) inspection procedures of, and work rules and worker
relations involving Federal
employees employed in, plants
inspected under this Act;
``(2) informal petitions or proposals for changes in
inspection procedures, processes,
and techniques of plants
inspected under this Act;
``(3) formal changes in poultry inspection regulations
promulgated under this Act,
whether in notice, proposed, or
final form; and
``(4) such other matters as may be referred to the panel by
the Secretary regarding
the quality or effectiveness of a safe
and cost-effective poultry
inspection system under this Act.
``(b) Reports.--
``(1) In general.--The Safe Meat and Poultry Inspection
Panel shall submit to the
Secretary a report on the results of
each review and evaluation
carried out under paragraph (1),
including such recommendations
as the panel considers
appropriate.
``(2) Reports on formal changes.--In the case of a report
concerning a formal change
in poultry inspection regulations,
the report shall be made
within the time limits prescribed for
formal comments on such
changes.''.
(b) Interstate Shipment of State-Inspected Meat and
Poultry.--Not
later than 90 days after the date of enactment of this Act, the
Secretary of Agriculture shall submit to Congress recommendations
concerning the steps necessary to achieve interstate shipment of--
(1) meat inspected under a State meat inspection program
developed and administered
under section 301 of the Federal Meat
Inspection Act (21 U.S.C.
661); and
(2) poultry inspected under a State poultry product
inspection program developed
and administered under section 5 of
the Poultry Products Inspection
Act (21 U.S.C. 454).
SEC. 919. <<NOTE: 7 USC 2260a.>> REIMBURSABLE AGREEMENTS.
(a) In General.--The Secretary of Agriculture (referred
to in this
section as the ``Secretary'') may enter into reimbursable fee agreements
with persons for preclearance at locations outside the United States
of
plants, plant products, animals, and articles for movement into the
United States.
(b) Overtime, Night, and Holiday Work.--Notwithstanding
any other
provision of law, the Secretary may pay an employee of the Department
of
Agriculture performing services relating to imports into and exports
from the United States for overtime, night, and holiday work performed
by the employee at a rate of pay established by the Secretary.
(c) Reimbursement.--
(1) In general.--The Secretary may require persons for whom
preclearance services are
performed to reimburse the Secretary
for any amounts paid by
the Secretary for performance of the
services.
(2) Crediting of funds.--All funds collected under paragraph
(1) shall be credited to
the account that incurs the costs and
shall remain available until
expended without fiscal year
limitation.
(3) Late payment penalty.--
(A) In general.--On failure of a person to reimburse
the Secretary for the costs of performance of
preclearance services--
(i) the Secretary may assess a late payment
penalty; and
(ii) the overdue funds shall accrue interest
in accordance with section 3717 of title 31,
United States Code.
(B) Crediting of funds.--Any late payment penalty
and any accrued interest collected under this paragraph
shall be credited to the account that incurs the costs
and shall remain available until expended without fiscal
year limitation.
SEC. 920. <<NOTE: 7 USC 2262a.>> OVERSEAS TORT CLAIMS.
(a) In General.--The Secretary of Agriculture may
pay a tort claim
in the manner authorized by section 2672 of title 28, United States
Code, if the claim arises outside the United States in connection with
activities of individuals who are performing services for the Secretary.
(b) Period for Presentation of Claim.--A claim may
not be allowed
under this section unless the claim is presented in writing to the
Secretary of Agriculture within 2 years after the date on which the
claim accrues.
(c) Finality.--Notwithstanding any other provision
of law, an award
or denial of a claim by the Secretary of Agriculture under this section
is final.
SEC. 921. <<NOTE: 7 USC 2279b.>> OPERATION
OF GRADUATE SCHOOL OF
DEPARTMENT OF AGRICULTURE AS NONAPPROPRIATED FUND
INSTRUMENTALITY.
(a) Definitions.--In this section:
(1) Graduate school.--The term ``Graduate School'' means the
Graduate School of the Department
of Agriculture.
(2) Board.--The term ``Board'' means the General
Administration Board of
the Graduate School.
(3) Director.--The term ``Director'' means the Director of
the Graduate School.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Operation as Nonappropriated Fund Instrumentality.--On
and after
the date of enactment of this Act, the Graduate School of the Department
of Agriculture shall continue to operate as a nonappropriated fund
instrumentality of the United States under the jurisdiction of the
Department of Agriculture.
(c) Activities of Graduate School.--Under the general
supervision of
the Secretary, the Graduate School shall develop, administer, and
provide educational, training, and professional development activities,
including educational activities for Federal agencies, Federal
employees, nonprofit organizations, other entities, and members of
the
general public.
(d) Fees and Donations.--
(1) Collection of fees.--The Graduate School may charge and
retain fair and reasonable
fees for the activities provided by
the Graduate School. The
amount of the fees shall be based on
the cost of the activities
to the Graduate School.
(2) Acceptance of donations.--
(A) Acceptance and use authorized.--The Graduate
School may accept, use, hold, dispose, and administer
gifts, bequests, and devises of money, securities, and
other real or personal property made for the benefit of,
or in connection with, the Graduate School.
(B) Exception.--The Graduate School shall not accept
a donation from a person that is actively engaged in a
procurement activity with the Graduate School or has an
interest that may be substantially affected by the
performance or nonperformance of an official duty of a
member of the Board or an employee of the Graduate
School.
(3) Not federal funds.--Fees collected under paragraph (1)
and amounts received under
paragraph (2) shall not be considered
to be Federal funds and
shall not be required to be deposited in
the Treasury of the United
States.
(e) General Administration Board and Director.--
(1) Appointment as governing board.--The Secretary shall
appoint a General Administration
Board to serve as a governing
board for the Graduate School
and to supervise and direct the
activities of the Graduate
School. The Board shall be subject to
regulation by the Secretary.
(2) Duties of board.--The Board shall--
(A) formulate broad policies in accordance with
which the Graduate School shall be administered;
(B) take all steps necessary to ensure that the
highest possible educational standards are maintained by
the Graduate School;
(C) exercise general supervision over the
administration of the Graduate School; and
(D) establish such bylaws, rules, and procedures as
may be necessary for the fulfillment of the duties
described in subparagraphs (A), (B), and (C).
(3) Appointment of director and other officers.--The Board
shall select a Director
and such other officers as the Board
considers necessary to administer
the Graduate School. The
Director and other officers
shall serve on such terms and
perform such duties as the
Board may prescribe.
(4) Duties of director.--The Director shall be responsible,
subject to the supervision
and direction of the Board, for
carrying out the functions
of the Graduate School.
(5) Borrowing and investment authority.--The Board may
authorize the Director--
(A) to borrow money on the credit of the Graduate
School; and
(B) to invest funds held in excess of the current
operating requirements of the Graduate School for
purposes of maintaining a reasonable reserve.
(6) Liability.--The Director and the members of the Board
shall not be held personally
liable for any loss or damage that
may accrue to the funds
of the Graduate School as the result of
any act or exercise of discretion
performed in carrying out
their duties under this
section.
(f) Employees.--Employees of the Graduate School
are employees of a
nonappropriated fund instrumentality and shall not be considered to
be
Federal employees.
(g) Not a Federal Agency.--The Graduate School shall
not be
considered to be a Federal agency for purposes of--
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) section 552 or 552a of title 5, United States Code; or
(3) chapter 171 of title 28, United States Code.
(h) Acquisition and Disposal of Property.--In order
to carry out the
activities of the Graduate School, the Graduate School may--
(1) acquire real property in the District of Columbia and in
other places by lease, purchase,
or otherwise;
(2) maintain, enlarge, or remodel any such property;
(3) have sole control of any such property; and
(4) dispose of real and personal property without regard to
the Federal Property and
Administrative Services Act of 1949 (40
U.S.C. 471 et seq.).
(i) Contract Authority.--The Graduate School may
enter into
contracts without regard to the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.) or any other law that
prescribes procedures for the procurement of property or services by
an
executive agency.
(j) Use of Department Facilities and Resources.--The
Graduate School
may use the facilities and resources of the Department of Agriculture,
on the condition that any costs incurred by the Department that are
attributable solely to Graduate School operations and all costs incurred
by the Graduate School arising out of such operations shall be paid
using funds of the Graduate School. Federal funds may not be used to
pay
the costs.
SEC. 922. <<NOTE: 7 USC 2279c.>> STUDENT INTERNSHIP PROGRAMS.
(a) Student Intern Subsistence Program.--
(1) Definition of student intern.--In this subsection, the
term ``student intern''
means a person who--
(A) is employed by the Department of Agriculture
(referred to in this section as the ``Department'') to
assist scientific, professional, administrative, or
technical employees of the Department; and
(B) is a student in good standing at an institution
of higher education (as defined in section 1201 of the
Higher Education Act of 1965 (20 U.S.C. 1141)) pursuing
a course of study related to the field in which the
person is employed by the Department.
(2) Payment of certain expenses by the secretary.--The
Secretary of Agriculture
(referred to in this section as the
``Secretary'') may, out
of user fee funds or funds appropriated
to any agency of the Department,
pay for lodging expenses,
subsistence expenses, and
transportation expenses of a student
intern at the agency (including
expenses of transportation to
and from the student intern's
residence at or near the
institution of higher education
attended by the student intern
and the official duty station
at which the student intern is
employed).
(b) Cooperation With Associations of Colleges and
Universities.--
(1) Authority to cooperate.--Notwithstanding chapter 63 of
title 31, United States
Code, the Secretary may enter into
cooperative agreements on
an annual basis with 1 or more
associations of institutions
of higher education (as defined in
section 1201 of the Higher
Education Act of 1965 (20 U.S.C.
1141)) for the purpose of
providing for Department participation
in internship programs for
graduate and undergraduate students
who are selected by the
associations from students attending
member institutions of the
associations and other institutions
of higher education.
(2) Internship program.--An internship program supported
under this subsection (referred
to in this subsection as an
``internship program'')
shall provide work assignments for
students within the Department
and such other activities as the
association that enters
into the cooperative agreement under
paragraph (1) with respect
to the internship program (referred
to in this subsection as
the ``cooperating association'') and
the Secretary shall determine.
The nature of Department
participation in an internship
program shall be developed
jointly by the Secretary
and the cooperating association.
(3) Program coordination.--The cooperating association shall
coordinate an internship
program, including--
(A) the recruitment of students;
(B) arrangements for travel of the students to
Washington, District of Columbia, and to agency field
locations;
(C) the provision of housing for students, if
required; and
(D) all activities for the students that take place
outside the Department work assignments of the students.
(4) Number and selection of students.--
(A) Number.--A cooperative agreement entered into
under paragraph (1) shall specify the number of students
that the Department will host each year and a list of
work assignments to be provided for the students.
(B) Selection.--The cooperating association shall
provide the Department with a pool of student candidates
meeting the requirements for each work assignment
identified by the Secretary. Final selection of the
students for Department internship positions shall be
made by the Secretary.
(5) Cost reimbursement.--From such amounts as the Secretary
determines are available
each fiscal year for internship
programs, and subject to
such regulations as the Secretary may
issue, the Secretary may
reimburse a cooperating association for
the Department share of
all direct and indirect costs of an
internship program, including
student stipends, transportation
costs to the internship
site, and other costs of an internship
program.
(6) Lead agency.--The Secretary may designate a lead agency
within the Department to
carry out this subsection.
(7) Interagency agreements.--Agencies and offices within the
Department other than the
lead agency--
(A) may enter into interagency agreements with the
lead agency to provide work assignments for students
participating in an internship program; and
(B) shall reimburse the lead agency for the direct
and indirect costs of each student assigned to the
agency under an internship program.
(8) Federal employee status.--A student who participates in
an internship program shall
not be considered a Federal
employee, except for purposes
of chapter 81 of title 5, and
chapter 171 of title 28,
United States Code.
SEC. 923. <<NOTE: 7 USC 2206a.>> CONVEYANCE
OF EXCESS FEDERAL PERSONAL
PROPERTY.
Notwithstanding any other provision of law, the Secretary
of
Agriculture may--
(1) convey title to excess Federal personal property owned
by the Department of Agriculture,
with or without monetary
compensation and for such
purposes as are determined by the
Secretary, to--
(A) any of the 1994 Institutions (as defined in
section 532 of the Equity in Educational Land-Grant
Status Act of 1994 (Public Law 103-382; 7 U.S.C. 301
note));
(B) any Hispanic-serving institution (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b))); and
(C) any college or university eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321 et
seq.), including Tuskegee University; and
(2) acquire from, exchange with, or dispose of personal
property to other Federal
departments and agencies without
monetary compensation in
furtherance of the purposes of this
section.
SEC. 924. <<NOTE: Arkansas.>> CONVEYANCE OF LAND TO WHITE OAK CEMETERY.
(a) In General.--
(1) Release of interest.--After execution of the agreement
described in subsection
(b), the Secretary of Agriculture shall
release the condition stated
in the deed on the land described
in subsection (c) that the
land be used for public purposes, and
that if the land is not
so used, that the land revert to the
United States. The release
shall be on the condition that the
land be used exclusively
for cemetery purposes,
and that if the land is
not so used, that the land revert to the
United States.
(2) Bankhead-jones farm tenant act.--Section 32(c) of the
Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1011(c)) shall not
apply to the release under
paragraph (1).
(b) Agreement.--The Secretary of Agriculture shall
make the release
under subsection (a) on execution by the Board of Trustees of the
University of Arkansas, in consideration of the release, of an
agreement, satisfactory to the Secretary of Agriculture, that--
(1) the Board of Trustees will not sell, lease, exchange, or
otherwise dispose of the
land described in subsection (c) except
to the White Oak Cemetery
Association of Washington County,
Arkansas, or a successor
organization, for exclusive use for an
expansion of the cemetery
maintained by the Association or
successor organization;
and
(2) the proceeds of such a disposition of the land will be
deposited and held in an
account open to inspection by the
Secretary of Agriculture,
and used, if withdrawn from the
account, for public purposes.
(c) Land Description.--The land described in this
subsection is the
land conveyed to the Board of Trustees of the University of Arkansas,
with certain other land, by deed dated November 18, 1953, comprising
approximately 2.2 acres located within property of the University of
Arkansas in Washington County, Arkansas, commonly known as the ``Savor
property'' and described as follows:
The part of Section 20, Township 17 north, range 31 west,
beginning at the north corner
of the White Oak Cemetery and the
University of Arkansas Agricultural
Experiment Station farm at
Washington County road #874,
running west approximately 330
feet, thence south approximately
135 feet, thence southeast
approximately 384 feet,
thence north approximately 330 feet to
the point of beginning.
SEC. 925. SALE OF LAND BY THE UNIVERSITY OF ARKANSAS.
The Act of March 2, 1887 (commonly known as the ``Hatch
Act of
1887'') (7 U.S.C. 361a et seq.) shall not apply to the sale by the
University of Arkansas of the approximately 103.52 acres of land in
Washington County, Arkansas, owned by the University and commonly known
as the ``Walker Tract'', if the sale is made on the condition that
all
of the proceeds of the sale are used for agricultural research
facilities and programs of the University of Arkansas.
SEC. 926. <<NOTE: Arkansas.>> DESIGNATION
OF DALE BUMPERS SMALL FARMS
RESEARCH CENTER.
(a) In General.--The small farms research facility
of the
Agricultural Research Service located near Booneville, Arkansas, shall
be known and designated as the ``Dale Bumpers Small Farms Research
Center''.
(b) References.--Any reference in a law, map, regulation,
document,
paper, or other record of the United States to the research facility
referred to in subsection (a) shall be deemed to be a reference to
the
``Dale Bumpers Small Farms Research Center''.
SEC. 927. <<NOTE: Maryland.>> DEPARTMENT
OF AGRICULTURE WASHINGTON AREA
STRATEGIC SPACE PLAN.
The Secretary of Agriculture may obligate not more
than $5,000,000,
from funds appropriated for agriculture buildings and
facilities and rental payments, for the improvement of State and local
roads relating to the construction of an office complex at the
Beltsville Agriculture Research Center, Maryland, as part of the
implementation of the Department of Agriculture Washington Area
Strategic Space Plan.
SEC. 928. <<NOTE: 7 USC 7201 note.>> SEVERABILITY.
If any provision of this Act or the application thereof
to any
person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this Act that can be given effect
without regard to the invalid provision or application, and to this
end
the provisions of this Act are severable.
Approved April 4, 1996.
LEGISLATIVE HISTORY--H.R. 2854 (S. 1541):
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HOUSE REPORTS: Nos. 104-462, Pt. 1 (Comm. on Agriculture) and 104-494
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Jan. 31, Feb. 1, 6, 7, S. 1541 considered and passed Senate.
Feb. 28, 29, H.R. 2854 considered and passed House.
Mar. 12, considered and passed Senate, amended, in lieu of
S. 1541.
Mar. 27, Senate considered conference report.
Mar. 28, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Apr. 4, Presidential statement.