S 2536 PCS
Calendar No. 540
106th CONGRESS
2d Session
S. 2536
[Report No. 106-288]
Making appropriations for Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies programs for the fiscal year ending
September 30, 2001, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 10, 2000
Mr. COCHRAN, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
A BILL
Making appropriations for Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies programs for the fiscal year ending
September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
DIVISION A
That the following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 2001, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary of Agriculture, and
not to exceed $75,000 for employment under 5 U.S.C. 3109, $27,914,000, of
which, $25,000,000, to remain available until expended, shall be available
only for the development and implementation of a common computing environment:
Provided, That not to exceed $11,000 of this amount shall be
available for official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided further, That
the funds made available for the development and implementation of a common
computing environment shall only be available upon prior notice to the
Committee on Appropriations of both Houses of Congress: Provided
further, That none of the funds appropriated or otherwise made available
by this Act may be used to pay the salaries and expenses of personnel of the
Department of Agriculture to carry out section 793(c)(1)(C) of Public Law
104-127: Provided further, That none of the funds made available by
this Act may be used to enforce section 793(d) of Public Law 104-127.
Executive Operations
CHIEF ECONOMIST
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses, and the
functions of the World Agricultural Outlook Board, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), of which not to exceed $5,000 is for employment under 5
U.S.C. 3109, $7,462,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is for employment
under 5 U.S.C. 3109, $12,421,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for
employment under 5 U.S.C. 3109, $6,765,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information Officer,
including employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 is for
employment under 5 U.S.C. 3109, $10,046,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 is for
employment under 5 U.S.C. 3109, $5,171,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this Act,
$629,000.
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of authority
from the Administrator of General Services to the Department of Agriculture
under 40 U.S.C. 486, for programs and activities of the Department which are
included in this Act, and for the operation, maintenance, improvement, and
repair of Agriculture buildings, $182,747,000, to remain available until
expended: Provided, That in the event an agency within the Department
should require modification of space needs, the Secretary of Agriculture may
transfer a share of that agency's appropriation made available by this Act to
this appropriation, or may transfer a share of this appropriation to that
agency's appropriation, but such transfers shall not exceed 5 percent of the
funds made available for space rental and related costs to or from this
account.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to comply with
the Comprehensive Environmental Response, Compensation, and Liability Act, 42
U.S.C. 9601, et seq., and the Resource Conservation and Recovery Act, 42
U.S.C. 6901, et seq., $15,700,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Materials Management may be transferred to any agency
of the Department for its use in meeting all requirements pursuant to the
above Acts on Federal and non-Federal lands.
Departmental Administration
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $36,840,000, to provide for necessary
expenses for management support services to offices of the Department and for
general administration and disaster management of the Department, repairs and
alterations, and other miscellaneous supplies and expenses not otherwise
provided for and necessary for the practical and efficient work of the
Department, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109: Provided, That this
appropriation shall be reimbursed from applicable appropriations in this Act
for travel expenses incident to the holding of hearings as required by 5
U.S.C. 551-558.
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), $3,000,000,
to remain available until expended.
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded by this
Act, including programs involving intergovernmental affairs and liaison within
the executive branch, $3,568,000: Provided, That no other funds
appropriated to the Department by this Act shall be available to the
Department for support of activities of congressional relations: Provided
further, That not less than $2,202,000 shall be transferred to agencies
funded by this Act to maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the coordination
of programs involving public affairs, for the dissemination of agricultural
information, and the coordination of information, work, and programs
authorized by Congress in the Department, $8,873,000, including employment
pursuant to the second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), of which not to exceed $10,000 shall be available for
employment under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used for
farmers' bulletins.
Office of the Inspector General
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Inspector General, including
employment pursuant to the second sentence of section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and the Inspector General Act of 1978,
$66,867,000, including such sums as may be necessary for contracting and other
arrangements with public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978, including not to exceed $50,000
for employment under 5 U.S.C. 3109; and including not to exceed $125,000 for
certain confidential operational expenses, including the payment of
informants, to be expended under the direction of the Inspector General
pursuant to Public Law 95-452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$31,080,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under Secretary
for Research, Education and Economics to administer the laws enacted by the
Congress for the Economic Research Service, the National Agricultural
Statistics Service, the Agricultural Research Service, and the Cooperative
State Research, Education, and Extension Service, $556,000.
Economic Research Service
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Economic Research Service in conducting
economic research and analysis, as authorized by the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621-1627) and other laws, $67,038,000:
Provided, That $1,000,000 shall be transferred to and merged with the
appropriation for `Food and Nutrition Service, Food Program Administration'
for studies and evaluations: Provided further, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics Service in
conducting statistical reporting and service work, including crop and
livestock estimates, statistical coordination and improvements, marketing
surveys, and the Census of Agriculture, as authorized by 7 U.S.C. 1621-1627,
Public Law 105-113, and other laws, $100,615,000, of which up to $15,000,000
shall be available until expended for the Census of Agriculture:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment
under 5 U.S.C. 3109.
Agricultural Research Service
SALARIES AND EXPENSES
For necessary expenses to enable the Agricultural Research Service to
perform agricultural research and demonstration relating to production,
utilization, marketing, and distribution (not otherwise provided for); home
economics or nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information; and for
acquisition of lands by donation, exchange, or purchase at a nominal cost not
to exceed $100, and for land exchanges where the lands exchanged shall be of
equal value or shall be equalized by a payment of money to the grantor which
shall not exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $871,593,000: Provided, That
appropriations hereunder shall be available for temporary employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $115,000 shall be available for employment under 5
U.S.C. 3109: Provided further, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the purchase of
not to exceed one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but unless
otherwise provided, the cost of constructing any one building shall not exceed
$375,000, except for headhouses or greenhouses which shall each be limited to
$1,200,000, and except for 10 buildings to be constructed or improved at a
cost not to exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater: Provided
further, That the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing facilities at
Beltsville, Maryland: Provided further, That appropriations hereunder
shall be available for granting easements at the Beltsville Agricultural
Research Center, including an easement to the University of Maryland to
construct the Transgenic Animal Facility which upon completion shall be
accepted by the Secretary as a gift: Provided further, That the
foregoing limitations shall not apply to replacement of buildings needed to
carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establishing or
operating any research facility or research project of the Agricultural
Research Service, as authorized by law.
None of the funds in the foregoing paragraph shall be available to carry
out research related to the production, processing or marketing of tobacco or
tobacco products.
In fiscal year 2001, the agency is authorized to charge fees, commensurate
with the fair market value, for any permit, easement, lease, or other special
use authorization for the occupancy or use of land and facilities (including
land and facilities at the Beltsville Agricultural Research Center) issued by
the agency, as authorized by law, and such fees shall be credited to this
account, and shall remain available until expended for authorized purposes.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities as necessary to
carry out the agricultural research programs of the Department of Agriculture,
where not otherwise provided, $56,330,000, to remain available until expended
(7 U.S.C. 2209b): Provided, That funds may be received from any
State, other political subdivision, organization, or individual for the
purpose of establishing any research facility of the Agricultural Research
Service, as authorized by law.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for cooperative forestry
and other research, for facilities, and for other expenses, including
$180,545,000 to carry into effect the provisions of the Hatch Act (7 U.S.C.
361a-i); $21,932,000 for grants for cooperative forestry research (16 U.S.C.
582a-a7); $30,676,000 for payments to the 1890 land-grant colleges, including
Tuskegee University (7 U.S.C. 3222), of which $1,000,000 shall be made
available to West Virginia State College in Institute, West Virginia;
$62,207,000 for special grants for agricultural research (7 U.S.C. 450i(c));
$13,721,000 for special grants for agricultural research on improved pest
control (7 U.S.C. 450i(c)); $121,350,000 for competitive research grants (7
U.S.C. 450i(b)); $5,109,000 for the support of animal health and disease
programs (7 U.S.C. 3195); $750,000 for supplemental and alternative crops and
products (7 U.S.C. 3319d); $650,000 for grants for research pursuant to the
Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and section 1472 of
the Food and Agriculture Act of 1977 (7 U.S.C. 3318), to remain available
until expended; $1,000,000 for the 1994 research program (7 U.S.C. 301 note),
to remain available until expended; $3,000,000 for higher education graduate
fellowship grants (7 U.S.C. 3152(b)(6)), to remain available until expended (7
U.S.C. 2209b); $4,350,000 for higher education challenge grants (7 U.S.C.
3152(b)(1)); $1,000,000 for a higher education multicultural scholars program
(7 U.S.C. 3152(b)(5)), to remain available until expended (7 U.S.C. 2209b);
$3,500,000 for an education grants program for Hispanic-serving Institutions
(7 U.S.C. 3241); $3,000,000 for a program of noncompetitive grants, to be
awarded on an equal basis, to Alaska Native-serving and Native
Hawaiian-serving Institutions to carry out higher education programs (7 U.S.C.
3242); $1,000,000 for a secondary agriculture education program and 2-year
post-secondary education (7 U.S.C. 3152(h)); $4,000,000 for aquaculture grants
(7 U.S.C. 3322); $9,500,000 for sustainable agriculture research and education
(7 U.S.C. 5811); $9,500,000 for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee University, to
remain available until expended (7 U.S.C. 2209b); $1,552,000 for payments to
the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103-382; and
$16,402,000 for necessary expenses of Research and Education Activities, of
which not to exceed $100,000 shall be for employment under 5 U.S.C. 3109; in
all, $494,744,000.
None of the funds in the foregoing paragraph shall be available to carry
out research related to the production, processing or marketing of tobacco or
tobacco products.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American institutions endowment fund authorized by Public
Law 103-382 (7 U.S.C. 301 note), $7,100,000: Provided, That
hereafter, any distribution of the adjusted income from the Native American
institutions endowment fund is authorized to be used for facility renovation,
repair, construction, and maintenance, in addition to other authorized
purposes.
EXTENSION ACTIVITIES
Payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For
payments for cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under section 208(c)
of Public Law 93-471, for retirement and employees' compensation costs for
extension agents and for costs of penalty mail for cooperative extension
agents and State extension directors, $276,548,000; payments for extension
work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,500,000; payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,695,000; payments for the
pest management program under section 3(d) of the Act, $10,783,000; payments
for the farm safety program under section 3(d) of the Act, $3,400,000;
payments to upgrade research, extension, and teaching facilities at the 1890
land-grant colleges, including Tuskegee University, as authorized by section
1447 of Public Law 95-113 (7 U.S.C. 3222b), $12,400,000, to remain available
until expended; payments for the rural development centers under section 3(d)
of the Act, $908,000; payments for youth-at-risk programs under section 3(d)
of the Act, $9,000,000; payments for carrying out the provisions of the
Renewable Resources Extension Act of 1978, $3,192,000; payments for Indian
reservation agents under section 3(d) of the Act, $2,500,000; payments for
sustainable agriculture programs under section 3(d) of the Act, $4,000,000;
payments for rural health and safety education as authorized by section 2390
of Public Law 101-624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments for
cooperative extension work by the colleges receiving the benefits of the
second Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University,
$26,843,000, of which $1,000,000 shall be made available to West Virginia
State College in Institute, West Virginia; and for Federal administration and
coordination including administration of the Smith-Lever Act, and the Act of
September 29, 1977 (7 U.S.C. 341-349), and section 1361(c) of the Act of
October 3, 1980 (7 U.S.C. 301 note), and to coordinate and provide program
leadership for the extension work of the Department and the several States and
insular possessions, $12,107,000; in all, $426,504,000: Provided,
That funds hereby appropriated pursuant to section 3(c) of the Act of June 26,
1953, and section 506 of the Act of June 23, 1972, shall not be paid to any
State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands,
Micronesia, Northern Marianas, and American Samoa prior to availability of an
equal sum from non-Federal sources for expenditure during the current fiscal
year.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension competitive grants
programs, including necessary administrative expenses, $43,541,000, as
follows: payments for the water quality program, $13,000,000; payments for the
food safety program, $15,000,000; payments for the national agriculture
pesticide impact assessment program, $4,541,000; payments for the Food Quality
Protection Act risk mitigation program for major food crop systems,
$6,000,000; payments for crops affected by the Food Quality Protection Act
implementation, $2,000,000; and payments for the methyl bromide transition
program, $3,000,000, as authorized under section 406 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs to administer programs under the laws
enacted by the Congress for the Animal and Plant Health Inspection Service;
the Agricultural Marketing Service; and the Grain Inspection, Packers and
Stockyards Administration, $635,000.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, including those pursuant to the
Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to prevent, control,
and eradicate pests and plant and animal diseases; to carry out inspection,
quarantine, and regulatory activities; to discharge the authorities of the
Secretary of Agriculture under the Act of March 2, 1931 (46 Stat. 1468; 7
U.S.C. 426-426b); and to protect the environment, as authorized by law,
$458,149,000, of which $4,105,000 shall be available for the control of
outbreaks of insects, plant diseases, animal diseases and for control of pest
animals and birds to the extent necessary to meet emergency conditions:
Provided, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that does not
require minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for field employment
pursuant to the second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That this appropriation shall
be available for the operation and maintenance of aircraft and the purchase of
not to exceed four, of which two shall be for replacement only: Provided
further, That, in addition, in emergencies which threaten any segment of
the agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or plants, and
for expenses in accordance with the Act of February 28, 1947, and section 102
of the Act of September 21, 1944, and any unexpended balances of funds
transferred for such emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the
repair and alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building during the fiscal
year shall not exceed 10 percent of the current replacement value of the
building.
In fiscal year 2001, the agency is authorized to collect fees to cover the
total costs of providing technical assistance, goods, or services requested by
States, other political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided that such fees
are structured such that any entity's liability for such fees is reasonably
based on the technical assistance, goods, or services provided to the entity
by the agency, and such fees shall be credited to this account, to remain
available until expended, without further appropriation, for providing such
assistance, goods, or services.
Of the total amount available under this heading in fiscal year 2001,
$87,000,000 shall be derived from user fees deposited in the Agricultural
Quarantine Inspection User Fee Account.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance, environmental
support, improvement, extension, alteration, and purchase of fixed equipment
or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as
authorized by 7 U.S.C. 428a, $9,870,000, to remain available until
expended.
Agricultural Marketing Service
MARKETING SERVICES
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, including field employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225)
and not to exceed $90,000 for employment under 5 U.S.C. 3109, $64,696,000,
including funds for the wholesale market development program for the design
and development of wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration and
repair of buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the current
replacement value of the building: Provided further, That $639,000
may be transferred to the Expenses and Refunds, Inspection and Grading of Farm
Products fund account for the cost of the National Organic Production Program
and that such funds shall remain available until expended.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $60,730,000 (from fees collected) shall be obligated during
the current fiscal year for administrative expenses: Provided, That
if crop size is understated and/or other uncontrollable events occur, the
agency may exceed this limitation by up to 10 percent with notification to the
Committee on Appropriations of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), shall be used only for commodity program expenses as authorized
therein, and other related operating expenses, except for: (1) transfers to
the Department of Commerce as authorized by the Fish and Wildlife Act of
August 8, 1956; (2) transfers otherwise provided in this Act; and (3) not more
than $13,438,000 for formulation and administration of marketing agreements
and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and
the Agricultural Act of 1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and departments of
markets, and similar agencies for marketing activities under section 204(b) of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,200,000.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the United States
Grain Standards Act, for the administration of the Packers and Stockyards Act,
for certifying procedures used to protect purchasers of farm products, and the
standardization activities related to grain under the Agricultural Marketing
Act of 1946, including field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $27,269,000: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICE EXPENSES
Not to exceed $42,557,000 (from fees collected) shall be obligated during
the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committee on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under Secretary
for Food Safety to administer the laws enacted by the Congress for the Food
Safety and Inspection Service, $460,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the Federal
Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products
Inspection Act, $678,011,000, of which no less than $578,544,000 shall be
available for Federal food inspection; and in addition, $1,000,000 may be
credited to this account from fees collected for the cost of laboratory
accreditation as authorized by section 1017 of Public Law 102-237:
Provided, That this appropriation shall not be available for shell
egg surveillance under section 5(d) of the Egg Products Inspection Act (21
U.S.C. 1034(d)): Provided further, That this appropriation shall be
available for field employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000
shall be available for employment under 5 U.S.C. 3109: Provided
further, That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not exceed
10 percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services to administer the laws enacted by
Congress for the Farm Service Agency, the Foreign Agricultural Service, the
Risk Management Agency, and the Commodity Credit Corporation, $589,000.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$828,385,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the Commodity
Credit Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with this
account: Provided further, That these funds shall be available for
employment pursuant to the second sentence of section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall be available
for employment under 5 U.S.C. 3109.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit Act of
1987 (7 U.S.C. 5101-5106), $3,000,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses involved in making indemnity payments to dairy
farmers for milk or cows producing such milk and manufacturers of dairy
products who have been directed to remove their milk or dairy products from
commercial markets because it contained residues of chemicals registered and
approved for use by the Federal Government, and in making indemnity payments
for milk, or cows producing such milk, at a fair market value to any dairy
farmer who is directed to remove his milk from commercial markets because of:
(1) the presence of products of nuclear radiation or fallout if such
contamination is not due to the fault of the farmer; or (2) residues of
chemicals or toxic substances not included under the first sentence of the Act
of August 13, 1968 (7 U.S.C. 450j), if such chemicals or toxic substances were
not used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not due to
the fault of the farmer, $450,000, to remain available until expended (7
U.S.C. 2209b): Provided, That none of the funds contained in this Act
shall be used to make indemnity payments to any farmer whose milk was removed
from commercial markets as a result of the farmer's willful failure to follow
procedures prescribed by the Federal Government: Provided further,
That this amount shall be transferred to the Commodity Credit Corporation:
Provided further, That the Secretary is authorized to utilize the
services, facilities, and authorities of the Commodity Credit Corporation for
the purpose of making dairy indemnity disbursements.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and guaranteed
loans as authorized by 7 U.S.C. 1928-1929, to be available from funds in the
Agricultural Credit Insurance Fund, as follows: farm ownership loans,
$559,373,000, of which $431,373,000 shall be for guaranteed loans; operating
loans, $2,397,842,000, of which $1,697,842,000 shall be for unsubsidized
guaranteed loans and $200,000,000 shall be for subsidized guaranteed loans;
Indian tribe land acquisition loans as authorized by 25 U.S.C. 488,
$1,028,000; for emergency insured loans, $25,000,000 to meet the needs
resulting from natural disasters; and for boll weevil eradication program
loans as authorized by 7 U.S.C. 1989, $100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget Act of
1974, as follows: farm ownership loans, $15,986,000, of which $2,200,000 shall
be for guaranteed loans; operating loans, $84,680,000, of which $23,260,000
shall be for unsubsidized guaranteed loans and $16,320,000 shall be for
subsidized guaranteed loans; Indian tribe land acquisition loans as authorized
by 25 U.S.C. 488, $166,000; and for emergency insured loans, $6,133,000 to
meet the needs resulting from natural disasters.
In addition, for administrative expenses necessary to carry out the direct
and guaranteed loan programs, $269,454,000, of which $265,315,000 shall be
transferred to and merged with the appropriation for `Farm Service Agency,
Salaries and Expenses'.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and guaranteed
loans may be transferred among these programs with the prior approval of the
Committee on Appropriations of both Houses of Congress.
Risk Management Agency
For administrative and operating expenses, as authorized by the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933), $65,597,000:
Provided, That not to exceed $700 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to make
expenditures, within the limits of funds and borrowing authority available to
each such corporation or agency and in accord with law, and to make contracts
and commitments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act as may be necessary in
carrying out the programs set forth in the budget for the current fiscal year
for such corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop Insurance
Act, such sums as may be necessary, to remain available until expended (7
U.S.C. 2209b).
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
For fiscal year 2001, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).
OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE MANAGEMENT
For fiscal year 2001, the Commodity Credit Corporation shall not expend
more than $5,000,000 for site investigation and cleanup expenses, and
operations and maintenance expenses to comply with the requirement of section
107(g) of the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9607(g), and section 6001 of the Resource
Conservation and Recovery Act, 42 U.S.C. 6961.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under Secretary
for Natural Resources and Environment to administer the laws enacted by the
Congress for the Forest Service and the Natural Resources Conservation
Service, $711,000.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the Act of April
27, 1935 (16 U.S.C. 590a-f), including preparation of conservation plans and
establishment of measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for soil and water
management as may be necessary to prevent floods and the siltation of
reservoirs and to control agricultural related pollutants); operation of
conservation plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation, exchange, or
purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3,
1956 (7 U.S.C. 428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and maintenance of aircraft,
$714,116,000, to remain available until expended (7 U.S.C. 2209b), of which
not less than $5,990,000 is for snow survey and water forecasting and not less
than $9,975,000 is for operation and establishment of the plant materials
centers: Provided, That appropriations hereunder shall be available
pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public improvements
shall not exceed $250,000: Provided further, That when buildings or
other structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a: Provided further,
That this appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section 202(c) of title
II of the Colorado River Basin Salinity Control Act of 1974 (43 U.S.C.
1592(c)): Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
qualified local engineers may be temporarily employed at per diem rates to
perform the technical planning work of the Service (16 U.S.C. 590e-2).
WATERSHED SURVEYS AND PLANNING
For necessary expenses to conduct research, investigation, and surveys of
watersheds of rivers and other waterways, and for small watershed
investigations and planning, in accordance with the Watershed Protection and
Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1009),
$10,705,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and not to exceed $110,000 shall be available for
employment under 5 U.S.C. 3109.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures, including but not
limited to research, engineering operations, methods of cultivation, the
growing of vegetation, rehabilitation of existing works and changes in use of
land, in accordance with the Watershed Protection and Flood Prevention Act
approved August 4, 1954 (16 U.S.C. 1001-1005 and 1007-1009), the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance with the
provisions of laws relating to the activities of the Department, $99,443,000,
to remain available until expended (7 U.S.C. 2209b) (of which up to
$15,000,000 may be available for the watersheds authorized under the Flood
Control Act approved June 22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)):
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), and not to exceed $200,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That not to exceed $1,000,000
of this appropriation is available to carry out the purposes of the Endangered
Species Act of 1973 (Public Law 93-205), including cooperative efforts as
contemplated by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction:
Provided further, That of the funds available for Emergency Watershed
Protection activities, $4,000,000 shall be available for Mississippi and
Wisconsin for financial and technical assistance for pilot rehabilitation
projects of small, upstream dams built under the Watershed and Flood
Prevention Act (16 U.S.C. 1001 et seq., section 13 of the Act of December 22,
1994; Public Law 78-534; 58 Stat. 905), and the pilot watershed program
authorized under the heading `FLOOD PREVENTION' of the Department of
Agriculture Appropriation Act, 1954 (Public Law 83-156; 67 Stat. 214).
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out projects for resource
conservation and development and for sound land use pursuant to the provisions
of section 32(e) of title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and
the Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461), $36,265,000, to
remain available until expended (7 U.S.C. 2209b): Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not
to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.
FORESTRY INCENTIVES PROGRAM
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized by the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101), including technical assistance and
related expenses, $6,325,000, to remain available until expended, as
authorized by that Act.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under Secretary
for Rural Development to administer programs under the laws enacted by the
Congress for the Rural Housing Service, the Rural Business-Cooperative
Service, and the Rural Utilities Service of the Department of Agriculture,
$605,000.
RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants, as authorized
by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for sections 381E-H,
381N, and 381O of the Consolidated Farm and Rural Development Act (7 U.S.C.
2009f), $749,284,000, to remain available until expended, of which $53,225,000
shall be for rural community programs described in section 381E(d)(1) of such
Act; of which $634,360,000 shall be for the rural utilities programs described
in sections 381E(d)(2), 306C(a)(2), and 306D of such Act; and of which
$61,699,000 shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided, That
of the total amount appropriated in this account, $24,000,000 shall be for
loans and grants to benefit Federally Recognized Native American Tribes,
including grants for drinking and waste disposal systems pursuant to Section
306C of such Act: Provided further, That the Federally Recognized
Native American Tribes are not eligible for any other rural utilities program
set aside under the Rural Community Advancement Program: Provided
further, That of the amount appropriated for rural community programs,
$6,000,000 shall be available for a Rural Community Development Initiative:
Provided further, That such funds shall be used solely to develop the
capacity and ability of private, nonprofit community-based housing and
community development organizations, and low-income rural communities to
undertake projects to improve housing, community facilities, community and
economic development projects in rural areas: Provided further, That
such funds shall be made available to qualified private and public (including
tribal) intermediary organizations proposing to carry out a program of
technical assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources in an amount not
less than funds provided: Provided further, That of the amount
appropriated for the rural business and cooperative development programs, not
to exceed $500,000 shall be made available for a grant to a qualified national
organization to provide technical assistance for rural transportation in order
to promote economic development; and $2,000,000 shall be for grants to
Mississippi Delta Region counties: Provided further, That of the
amount appropriated for rural utilities programs, not to exceed $20,000,000
shall be for water and waste disposal systems to benefit the Colonias along
the United States/Mexico borders, including grants pursuant to section 306C of
such Act; not to exceed $20,000,000 shall be for water and waste disposal
systems for rural and native villages in Alaska pursuant to section 306D of
such Act, with up to one percent available to administer the program and up to
one percent available to improve interagency coordination; not to exceed
$16,215,000 shall be for technical assistance grants for rural waste systems
pursuant to section 306(a)(14) of such Act; and not to exceed $9,500,000 shall
be for contracting with qualified national organizations for a circuit rider
program to provide technical assistance for rural water systems: Provided
further, That of the total amount appropriated, not to exceed $42,574,650
shall be available through June 30, 2001, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones; of which $34,704,000
shall be for the rural utilities programs described in section 381E(d)(2) of
such Act; and of which $8,435,000 shall be for the rural business and
cooperative development programs described in section 381E(d)(3) of such
Act.
RURAL DEVELOPMENT SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of administering Rural Development programs as
authorized by the Rural Electrification Act of 1936; the Consolidated Farm and
Rural Development Act; title V of the Housing Act of 1949; section 1323 of the
Food Security Act of 1985; the Cooperative Marketing Act of 1926 for
activities related to marketing aspects of cooperatives, including economic
research findings, authorized by the Agricultural Marketing Act of 1946; for
activities with institutions concerning the development and operation of
agricultural cooperatives; and for cooperative agreements: $130,371,000:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), and not to exceed $1,000,000 may be used for employment under
5 U.S.C. 3109: Provided further, That not more than $10,000 may be
expended to provide modest nonmonetary awards to non-USDA employees:
Provided further, That any balances available from prior years for
the Rural Utilities Service, Rural Housing Service, and the Rural
Business-Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this account.
Rural Housing Service
Rural Housing Insurance Fund Program Account
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and guaranteed
loans as authorized by title V of the Housing Act of 1949, to be available
from funds in the rural housing insurance fund, as follows: $4,300,000,000 for
loans to section 502 borrowers, as determined by the Secretary, of which
$3,200,000,000 shall be for unsubsidized guaranteed loans; $32,396,000 for
section 504 housing repair loans; $100,000,000 for section 538 guaranteed
multi-family housing loans; $114,321,000 for section 515 rental housing;
$5,152,000 for section 524 site loans; $7,503,000 for credit sales of acquired
property, of which up to $1,250,000 may be for multi-family credit sales; and
$5,000,000 for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget Act of
1974, as follows: section 502 loans, $215,060,000, of which $38,400,000 shall
be for unsubsidized guaranteed loans; section 504 housing repair loans,
$11,481,000; section 538 multi-family housing guaranteed loans, $1,520,000;
section 515 rental housing, $56,326,000; multi-family credit sales of acquired
property, $613,000; and section 523 self-help housing land development loans,
$279,000: Provided, That of the total amount appropriated in this
paragraph, $13,832,000 shall be available through June 30, 2001, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
In addition, for administrative expenses necessary to carry out the direct
and guaranteed loan programs, $409,233,000, which shall be transferred to and
merged with the appropriation for `Rural Development, Salaries and
Expenses'.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed pursuant to the
authority under section 521(a)(2) or agreements entered into in lieu of debt
forgiveness or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $680,000,000; and, in addition, such
sums as may be necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
of this amount, not more than $5,900,000 shall be available for debt
forgiveness or payments for eligible households as authorized by section
502(c)(5)(D) of the Act, and not to exceed $10,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other than
purchase price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That agreements entered
into or renewed during fiscal year 2001 shall be funded for a 5-year period,
although the life of any such agreement may be extended to fully utilize
amounts obligated.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of the Housing
Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available until expended
(7 U.S.C. 2209b): Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2001, for authorized
empowerment zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones.
RURAL HOUSING ASSISTANCE GRANTS
For grants and contracts for very low-income housing repair, supervisory
and technical assistance, compensation for construction defects, and rural
housing preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, 1479(c), 1490e, and 1490m, $44,000,000, to remain available until
expended: Provided, That of the total amount appropriated, $5,000,000
shall be for a housing demonstration program for agriculture, aquaculture, and
seafood processor workers: Provided further, That of the total amount
appropriated, $1,200,000 shall be available through June 30, 2001, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
FARM LABOR PROGRAM ACCOUNT
For the cost of direct loans, grants, and contracts, as authorized by 42
U.S.C. 1484 and 1486, $28,750,000, to remain available until expended for
direct farm labor housing loans and domestic farm labor housing grants and
contracts.
Rural Business-Cooperative Service
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, $19,476,000, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), of which $2,036,000 shall be for
Federally Recognized Native American Tribes; and of which $4,072,000 shall be
for the Mississippi Delta Region Counties (as defined by Public Law 100-460):
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans of $38,256,000:
Provided further, That of the total amount appropriated, $3,216,000
shall be available through June 30, 2001, for the cost of direct loans for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
In addition, for administrative expenses to carry out the direct loan
programs, $3,640,000 shall be transferred to and merged with the appropriation
for `Rural Development, Salaries and Expenses'.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized under section 313
of the Rural Electrification Act, for the purpose of promoting rural economic
development and job creation projects, $15,000,000.
For the cost of direct loans, including the cost of modifying loans as
defined in section 502 of the Congressional Budget Act of 1974, $3,911,000.
Of the funds derived from interest on the cushion of credit payments in
fiscal year 2001, as authorized by section 313 of the Rural Electrification
Act of 1936, $3,911,000 shall not be obligated and $3,911,000 are
rescinded.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under section 310B(e)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932),
$6,000,000, of which $1,500,000 shall be available for cooperative agreements
for the appropriate technology transfer for rural areas program:
Provided, That not to exceed $1,500,000 of the total amount
appropriated shall be made available to cooperatives or associations of
cooperatives whose primary focus is to provide assistance to small, minority
producers.
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 percent
rural electrification loans, $121,500,000; 5 percent rural telecommunications
loans, $75,000,000; cost of money rural telecommunications loans,
$300,000,000; municipal rate rural electric loans, $295,000,000; and loans
made pursuant to section 306 of that Act, rural electric, $1,700,000,000 and
rural telecommunications, $120,000,000; and $500,000,000 for Treasury rate
direct electric loans.
For the cost, as defined in section 502 of the Congressional Budget Act of
1974, including the cost of modifying loans, of direct and guaranteed loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as
follows: cost of direct loans, $19,871,000; and cost of municipal rate loans,
$20,503,000: Provided, That notwithstanding section 305(d)(2) of the
Rural Electrification Act of 1936, borrower interest rates may exceed 7
percent per year.
In addition, for administrative expenses necessary to carry out the direct
and guaranteed loan programs, $34,716,000, which shall be transferred to and
merged with the appropriation for `Rural Development, Salaries and
Expenses'.
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The Rural Telephone Bank is hereby authorized to make such expenditures,
within the limits of funds available to such corporation in accord with law,
and to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized programs. During
fiscal year 2001 and within the resources and authority available, gross
obligations for the principal amount of direct loans shall be $175,000,000.
For the cost, as defined in section 502 of the Congressional Budget Act of
1974, including the cost of modifying loans, of direct loans authorized by the
Rural Electrification Act of 1936 (7 U.S.C. 935), $2,590,000.
In addition, for administrative expenses necessary to carry out the loan
programs, $3,000,000, which shall be transferred to and merged with the
appropriation for `Rural Development, Salaries and Expenses'.
DISTANCE LEARNING AND TELEMEDICINE PROGRAM
For the cost of direct loans and grants, as authorized by 7 U.S.C. 950aaa
et seq., $27,000,000, to remain available until expended, to be available for
loans and grants for telemedicine and distance learning services in rural
areas, of which $2,000,000 may be available for a pilot program to finance
broadband transmission and local dial-up Internet service in areas that meet
the definition of `rural area' contained in section 203(b) of the Rural
Electrification Act (7 U.S.C. 924(b)): Provided, That the cost of
direct loans shall be as defined in section 502 of the Congressional Budget
Act of 1974.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under Secretary
for Food, Nutrition and Consumer Services to administer the laws enacted by
the Congress for the Food and Nutrition Service, $570,000.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the National School Lunch Act (42
U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), except sections 17 and 21; $9,541,539,000, to remain
available through September 30, 2002, of which $4,413,960,000 is hereby
appropriated and $5,127,579,000 shall be derived by transfer from funds
available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c):
Provided, That, except as specifically provided under this heading,
none of the funds made available under this heading shall be used for studies
and evaluations: Provided further, That of the funds made available
under this heading, up to $6,000,000 shall be for school breakfast pilot
projects, including the evaluation required under section 18(e) of the
National School Lunch Act: Provided further, That of the funds made
available under this heading, $500,000 shall be for a School Breakfast Program
startup grant pilot program for the State of Wisconsin: Provided
further, That up to $4,511,000 shall be available for independent
verification of school food service claims.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For necessary expenses to carry out the special supplemental nutrition
program as authorized by section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786), $4,052,000,000, to remain available through September 30, 2002:
Provided, That none of the funds made available under this heading
shall be used for studies and evaluations: Provided further, That of
the total amount available, the Secretary shall obligate $15,000,000 for the
farmers' market nutrition program within 45 days of the enactment of this Act,
and an additional $5,000,000 for the farmers' market nutrition program from
any funds not needed to maintain current caseload levels: Provided
further, That notwithstanding section 17(h)(10)(A) of such Act, up to
$14,000,000 shall be available for the purposes specified in section
17(h)(10)(B), no less than $6,000,000 of which shall be used for the
development of electronic benefit transfer systems: Provided further,
That none of the funds in this Act shall be available to pay administrative
expenses of WIC clinics except those that have an announced policy of
prohibiting smoking within the space used to carry out the program:
Provided further, That none of the funds provided in this account
shall be available for the purchase of infant formula except in accordance
with the cost containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully reimbursed by
other Federal Government departments or agencies unless authorized by section
17 of such Act.
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 2011 et
seq.), $21,221,293,000, of which $100,000,000 shall be placed in reserve for
use only in such amounts and at such times as may become necessary to carry
out program operations: Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That funds provided herein shall be expended in
accordance with section 16 of the Food Stamp Act: Provided further,
That this appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That funds
made available for Employment and Training under this heading shall remain
available until expended, as authorized by section 16(h)(1) of the Food Stamp
Act.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note); and the Emergency Food Assistance
Act of 1983, $140,300,000, to remain available through September 30, 2002:
Provided, That none of these funds shall be available to reimburse
the Commodity Credit Corporation for commodities donated to the program.
FOOD DONATIONS PROGRAMS
For necessary expenses to carry out section 4(a) of the Agriculture and
Consumer Protection Act of 1973; special assistance for the nuclear affected
islands as authorized by section 103(h)(2) of the Compacts of Free Association
Act of 1985, as amended; and section 311 of the Older Americans Act of 1965,
$141,081,000, to remain available through September 30, 2002.
FOOD PROGRAM ADMINISTRATION
For necessary administrative expenses of the domestic food programs funded
under this Act, $116,807,000, of which $5,000,000 shall be available only for
simplifying procedures, reducing overhead costs, tightening regulations,
improving food stamp benefit delivery, and assisting in the prevention,
identification, and prosecution of fraud and other violations of law and of
which not less than $4,500,000 shall be available to improve integrity in the
Food Stamp and Child Nutrition programs: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not
to exceed $150,000 shall be available for employment under 5 U.S.C. 3109.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service, including
carrying out title VI of the Agricultural Act of 1954 (7 U.S.C. 1761-1768),
market development activities abroad, and for enabling the Secretary to
coordinate and integrate activities of the Department in connection with
foreign agricultural work, including not to exceed $158,000 for representation
allowances and for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $113,424,000: Provided, That the Service may
utilize advances of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign assistance
programs of the United States Agency for International Development.
None of the funds in the foregoing paragraph shall be available to promote
the sale or export of tobacco or tobacco products.
PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost, as defined in section 502 of the Congressional Budget Act of
1974, of agreements under the Agricultural Trade Development and Assistance
Act of 1954, and the Food For Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $114,186,000, to remain
available until expended.
In addition, for administrative expenses to carry out the credit program
of title I, Public Law 83-480, and the Food for Progress Act of 1985, to the
extent funds appropriated for Public Law 83-480 are utilized, $1,850,000, of
which $1,035,000 may be transferred to and merged with the appropriation for
`Foreign Agricultural Service, Salaries and Expenses', and of which $815,000
may be transferred to and merged with the appropriation for `Farm Service
Agency, Salaries and Expenses'.
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS
(INCLUDING TRANSFERS OF FUNDS)
For expenses during the current fiscal year, not otherwise recoverable,
and unrecovered prior years' costs, including interest thereon, under the
Agricultural Trade Development and Assistance Act of 1954, $20,322,000, to
remain available until expended, for ocean freight differential costs for the
shipment of agricultural commodities under title I of said Act:
Provided, That funds made available for the cost of title I
agreements and for title I ocean freight differential may be used
interchangeably between the two accounts with prior notice to the Committee on
Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLES II AND III GRANTS
For expenses during the current fiscal year, not otherwise recoverable,
and unrecovered prior years' costs, including interest thereon, under the
Agricultural Trade Development and Assistance Act of 1954, $837,000,000, to
remain available until expended, for commodities supplied in connection with
dispositions abroad under title II of said Act.
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $3,820,000; to
cover common overhead expenses as permitted by section 11 of the Commodity
Credit Corporation Charter Act and in conformity with the Federal Credit
Reform Act of 1990, of which $3,231,000 may be transferred to and merged with
the appropriation for `Foreign Agricultural Service, Salaries and Expenses',
and of which $589,000 may be transferred to and merged with the appropriation
for `Farm Service Agency, Salaries and Expenses'.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration, including hire
and purchase of passenger motor vehicles; for payment of space rental and
related costs pursuant to Public Law 92-313 for programs and activities of the
Food and Drug Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere; and for
miscellaneous and emergency expenses of enforcement activities, authorized and
approved by the Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; $1,216,796,000, of which not to exceed
$149,273,000 in prescription drug user fees authorized by 21 U.S.C. 379(h) may
be credited to this appropriation and remain available until expended:
Provided, That fees derived from applications received during fiscal
year 2001 shall be subject to the fiscal year 2001 limitation: Provided
further, That none of these funds shall be used to develop, establish, or
operate any program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1) $292,934,000 shall be
for the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $313,143,000 shall be for
the Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs, of which no less than $12,534,000 shall be
available for grants and contracts awarded under section 5 of the Orphan Drug
Act (21 U.S.C. 360ee); (3) $141,368,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office of
Regulatory Affairs; (4) $59,349,000 shall be for the Center for Veterinary
Medicine and for related field activities in the Office of Regulatory Affairs;
(5) $164,762,000 shall be for the Center for Devices and Radiological Health
and for related field activities in the Office of Regulatory Affairs; (6)
$35,842,000 shall be for the National Center for Toxicological Research; (7)
$25,855,000 shall be for Rent and Related activities, other than the amounts
paid to the General Services Administration; (8) $104,954,000 shall be for
payments to the General Services Administration for rent and related costs;
and (9) $78,589,000 shall be for other activities, including the Office of the
Commissioner; the Office of Management and Systems; the Office of the Senior
Associate Commissioner; the Office of International and Constituent Relations;
the Office of Policy, Legislation, and Planning; and central services for
these offices: Provided further, That funds may be transferred from
one specified activity to another with the prior approval of the Committee on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263(b) may be
credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C. 381
may be credited to this account, to remain available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of or used by the Food and Drug
Administration, where not otherwise provided, $31,350,000, to remain available
until expended (7 U.S.C. 2209b).
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and elsewhere; and not to exceed $25,000
for employment under 5 U.S.C. 3109, $67,100,000, including not to exceed
$1,000 for official reception and representation expenses.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $36,800,000 (from assessments collected from farm credit
institutions and from the Federal Agricultural Mortgage Corporation) shall be
obligated during the current fiscal year for administrative expenses as
authorized under 12 U.S.C. 2249: Provided, That this limitation shall
not apply to expenses associated with receiverships.
TITLE VII--GENERAL PROVISIONS
SEC. 701. Within the unit limit of cost fixed by law, appropriations and
authorizations made for the Department of Agriculture for fiscal year 2001
under this Act shall be available for the purchase, in addition to those
specifically provided for, of not to exceed 389 passenger motor vehicles, of
which 385 shall be for replacement only, and for the hire of such vehicles.
SEC. 702. Funds in this Act available to the Department of Agriculture
shall be available for uniforms or allowances therefor as authorized by law (5
U.S.C. 5901-5902).
SEC. 703. Not less than $1,500,000 of the appropriations of the Department
of Agriculture in this Act for research and service work authorized by
sections 1 and 10 of the Act of June 29, 1935 (7 U.S.C. 427, 427i; commonly
known as the Bankhead-Jones Act), subtitle A of title II and section 302 of
the Act of August 14, 1946 (7 U.S.C. 1621 et seq.), and chapter 63 of title
31, United States Code, shall be available for contracting in accordance with
such Acts and chapter.
SEC. 704. The cumulative total of transfers to the Working Capital Fund
for the purpose of accumulating growth capital for data services and National
Finance Center operations shall not exceed $2,000,000: Provided, That
no funds in this Act appropriated to an agency of the Department shall be
transferred to the Working Capital Fund without the approval of the agency
administrator.
SEC. 705. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended: Animal
and Plant Health Inspection Service, the contingency fund to meet emergency
conditions, fruit fly program, boll weevil program, up to 10 percent of the
screwworm program, and up to $2,000,000 for costs associated with colocating
regional offices; Food Safety and Inspection Service, field automation and
information management project; Cooperative State Research, Education, and
Extension Service, funds for competitive research grants (7 U.S.C. 450i(b))
and funds for the Native American Institutions Endowment Fund; Farm Service
Agency, salaries and expenses funds made available to county committees;
Foreign Agricultural Service, middle-income country training program, and up
to $2,000,000 of the Foreign Agricultural Service appropriation solely for the
purpose of offsetting fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service.
SEC. 706. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
SEC. 707. Not to exceed $50,000 of the appropriations available to the
Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to section 606C of the
Act of August 28, 1954 (7 U.S.C. 1766b; commonly known as the Agricultural Act
of 1954).
SEC. 708. No funds appropriated by this Act may be used to pay negotiated
indirect cost rates on cooperative agreements or similar arrangements between
the United States Department of Agriculture and nonprofit institutions in
excess of 10 percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate payment
of indirect costs on grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all agencies for which
appropriations are provided in this Act.
SEC. 709. None of the funds in this Act shall be available to restrict the
authority of the Commodity Credit Corporation to lease space for its own use
or to lease space on behalf of other agencies of the Department of Agriculture
when such space will be jointly occupied.
SEC. 710. None of the funds in this Act shall be available to pay indirect
costs charged against competitive agricultural research, education, or
extension grant awards issued by the Cooperative State Research, Education,
and Extension Service that exceed 19 percent of total Federal funds provided
under each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded competitively by
the Cooperative State Research, Education, and Extension Service shall be
available to pay full allowable indirect costs for each grant awarded under
section 9 of the Small Business Act (15 U.S.C. 638).
SEC. 711. Notwithstanding any other provision of this Act, all loan levels
provided in this Act shall be considered estimates, not limitations.
SEC. 712. Appropriations to the Department of Agriculture for the cost of
direct and guaranteed loans made available in fiscal year 2001 shall remain
available until expended to cover obligations made in fiscal year 2001 for the
following accounts: the rural development loan fund program account; the Rural
Telephone Bank program account; the rural electrification and
telecommunications loans program account; the Rural Housing Insurance Fund
Program Account; and the rural economic development loans program account.
SEC. 713. Notwithstanding chapter 63 of title 31, United States Code,
marketing services of the Agricultural Marketing Service; Grain Inspection,
Packers and Stockyards Administration; the Animal and Plant Health Inspection
Service; and the food safety activities of the Food Safety and Inspection
Service may use cooperative agreements to reflect a relationship between the
Agricultural Marketing Service; the Grain Inspection, Packers and Stockyards
Administration; the Animal and Plant Health Inspection Service; or the Food
Safety and Inspection Service and a State or Cooperator to carry out
agricultural marketing programs, to carry out programs to protect the Nation's
animal and plant resources, or to carry out educational programs or special
studies to improve the safety of the Nation's food supply.
SEC. 714. Notwithstanding any other provision of law, the Secretary of
Agriculture may enter into cooperative agreements (which may provide for the
acquisition of goods or services, including personal services) with a State,
political subdivision, or agency thereof, a public or private agency,
organization, or any other person, if the Secretary determines that the
objectives of the agreement will (1) serve a mutual interest of the parties to
the agreement in carrying out the programs administered by the Natural
Resources Conservation Service; and (2) all parties will contribute resources
to the accomplishment of these objectives.
SEC. 715. None of the funds in this Act may be used to retire more than 5
percent of the Class A stock of the Rural Telephone Bank or to maintain any
account or subaccount within the accounting records of the Rural Telephone
Bank the creation of which has not specifically been authorized by statute:
Provided, That notwithstanding any other provision of law, none of
the funds appropriated or otherwise made available in this Act may be used to
transfer to the Treasury or to the Federal Financing Bank any unobligated
balance of the Rural Telephone Bank telephone liquidating account which is in
excess of current requirements and such balance shall receive interest as set
forth for financial accounts in section 505(c) of the Federal Credit Reform
Act of 1990.
SEC. 716. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities related to
all advisory committees, panels, commissions, and task forces of the
Department of Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively awarded grants:
Provided, That interagency funding is authorized to carry out the
purposes of the National Drought Policy Commission.
SEC. 717. None of the funds appropriated by this Act may be used to carry
out section 410 of the Federal Meat Inspection Act (21 U.S.C. 679a) or section
30 of the Poultry Products Inspection Act (21 U.S.C. 471).
SEC. 718. No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other agency or
office of the Department for more than 30 days unless the individual's
employing agency or office is fully reimbursed by the receiving agency or
office for the salary and expenses of the employee for the period of
assignment.
SEC. 719. None of the funds appropriated or otherwise made available to
the Department of Agriculture shall be used to transmit or otherwise make
available to any non-Department of Agriculture employee questions or responses
to questions that are a result of information requested for the appropriations
hearing process.
SEC. 720. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information technology
systems or significant upgrades, as determined by the Office of the Chief
Information Officer, without the approval of the Chief Information Officer and
the concurrence of the Executive Information Technology Investment Review
Board: Provided, That notwithstanding any other provision of law,
none of the funds appropriated or otherwise made available by this Act may be
transferred to the Office of the Chief Information Officer without the prior
approval of the Committee on Appropriations of both Houses of Congress.
SEC. 721. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2001, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity for which funds
have been denied or restricted; (4) relocates an office or employees; (5)
reorganizes offices, programs, or activities; or (6) contracts out or
privatizes any functions or activities presently performed by Federal
employees; unless the Committee on Appropriations of both Houses of Congress
are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain available
for obligation or expenditure in fiscal year 2001, or provided from any
accounts in the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever is less,
that: (1) augments existing programs, projects, or activities; (2) reduces by
10 percent funding for any existing program, project, or activity, or numbers
of personnel by 10 percent as approved by Congress; or (3) results from any
general savings from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress; unless
the Committee on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
SEC. 722. None of the funds appropriated or otherwise made available by
this Act or any other Act may be used to pay the salaries and expenses of
personnel to carry out the transfer or obligation of fiscal year 2001 funds
under section 793 of Public Law 104-127 (7 U.S.C. 2204f).
SEC. 723. None of the funds appropriated or otherwise made available by
this Act shall be used to pay the salaries and expenses of personnel who carry
out an environmental quality incentives program authorized by chapter 4 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et
seq.) in excess of $174,000,000.
SEC. 724. None of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to carry out the transfer or obligation of fiscal year 2001 funds
under the provisions of section 401 of Public Law 105-185, the Initiative for
Future Agriculture and Food Systems (7 U.S.C. 7621).
SEC. 725. None of the funds appropriated or otherwise made available by
this Act shall be used to carry out any commodity purchase program that would
prohibit eligibility or participation by farmer-owned cooperatives.
SEC. 726. None of the funds appropriated or otherwise made available by
this Act shall be used to pay the salaries and expenses of personnel to carry
out a conservation farm option program, as authorized by section 1240M of the
Food Security Act of 1985 (16 U.S.C. 3839bb).
SEC. 727. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to plan to
close or relocate, the Food and Drug Administration Division of Drug Analysis
in St. Louis, Missouri.
SEC. 728. None of the funds made available to the Food and Drug
Administration by this Act shall be used to reduce the Detroit, Michigan, Food
and Drug Administration District Office below the operating and full-time
equivalent staffing level of July 31, 1999; or to change the Detroit District
Office to a station, residence post or similarly modified office; or to
reassign residence posts assigned to the Detroit District Office:
Provided, That this section shall not apply to Food and Drug
Administration field laboratory facilities or operations currently located in
Detroit, Michigan, except that field laboratory personnel shall be assigned to
locations in the general vicinity of Detroit, Michigan, pursuant to
cooperative agreements between the Food and Drug Administration and other
laboratory facilities associated with the State of Michigan.
SEC. 729. Hereafter, none of the funds appropriated by this Act or any
other Act may be used to:
(1) carry out the proviso under 7 U.S.C. 1622(f); or
(2) carry out 7 U.S.C. 1622(h) unless the Secretary of Agriculture
inspects and certifies agricultural processing equipment, and imposes a fee
for the inspection and certification, in a manner that is similar to the
inspection and certification of agricultural products under that section, as
determined by the Secretary: Provided, That this provision shall
not affect the authority of the Secretary to carry out the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031
et seq.).
SEC. 730. None of the funds appropriated by this Act or any other Act
shall be used to pay the salaries and expenses of personnel who prepare or
submit appropriations language as part of the President's Budget submission to
the Congress of the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, and Related
Agencies that assumes revenues or reflects a reduction from the previous year
due to user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the users fees
proposals are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2001 appropriations Act.
SEC. 731. None of the funds appropriated or otherwise made available by
this Act shall be used to establish an Office of Community Food Security or
any similar office within the United States Department of Agriculture without
the prior approval of the Committee on Appropriations of both Houses of
Congress.
SEC. 732. None of the funds appropriated or otherwise made available by
this or any other Act may be used to carry out provision of section 612 of
Public Law 105-185.
SEC. 733. None of the funds appropriated or otherwise made available by
this Act may be used to declare excess or surplus all or part of the lands and
facilities owned by the Federal Government and administered by the Secretary
of Agriculture at Fort Reno, Oklahoma, or to transfer or convey such lands or
facilities, without the specific authorization of Congress.
SEC. 734. None of the funds appropriated or otherwise made available by
this Act or any other Act shall be used for the implementation of a Support
Services Bureau or similar organization.
SEC. 735. Notwithstanding any other provision of law, for any fiscal year,
in the case of a high cost, isolated rural area of the State of Alaska that is
not connected to a road system--
(1) in the case of assistance provided by the Rural Housing Service for
single family housing under title V of the Housing Act of 1949 (7 U.S.C.
1471 et seq.), the maximum income level for the assistance shall be 150
percent of the average income level in metropolitan areas of the
State;
(2) in the case of community facility loans and grants provided under
paragraphs (1) and (19), respectively, of section 306(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)) and assistance provided
under programs carried out by the Rural Utilities Service, the maximum
income level for the loans, grants, and assistance shall be 150 percent of
the average income level in nonmetropolitan areas of the State;
(3) in the case of a business and industry guaranteed loan made under
section 310B(a)(1) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(a)(1)), to the extent permitted under that Act, the Secretary of
Agriculture shall--
(A) guarantee the repayment of 90 percent of the principal and
interest due on the loan; and
(B) charge a loan origination and servicing fee in an amount not to
exceed 1 percent of the amount of the loan; and
(4) in the case of assistance provided under the Rural Community
Development Initiative for fiscal year 2000 carried out under the rural
community advancement program established under subtitle E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009 et seq.), the
median household income level, and the not employed rate, with respect to
applicants for assistance under the Initiative shall be scored on a
community-by-community basis.
SEC. 736. Hereafter, notwithstanding any other provision of law, no
housing or residence in a foreign country purchased by an agent or
instrumentality of the United States, for the purpose of housing the
agricultural attache, shall be sold or disposed of without the approval of the
Foreign Agricultural Service of the United States Department of Agriculture,
including property purchased using foreign currencies generated under the
Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) and
used or occupied by agricultural attaches of the Foreign Agricultural Service:
Provided, That the Department of State/Office of Foreign Buildings
may sell such properties with the concurrence of the Foreign Agricultural
Service if the proceeds are used to acquire suitable properties of appropriate
size for Foreign Agricultural Service agricultural attaches: Provided
further, That the Foreign Agricultural Service shall have the right to
occupy such residences in perpetuity with costs limited to appropriate
maintenance expenses.
SEC. 737. Hereafter, funds appropriated to the Department of Agriculture
may be used to employ individuals to perform services outside the United
States as determined by the agencies to be necessary or appropriate for
carrying out programs and activities abroad; and such employment actions,
hereafter referred to as Personal Service Agreements (PSA), are authorized to
be negotiated, the terms of the PSA to be prescribed and work to be performed,
where necessary, without regard to such statutory provisions as related to the
negotiation, making and performance of contracts and performance of work in
the United States: Provided, That individuals employed under a PSA to
perform such services outside the United States shall not, by virtue of such
employment, be considered employees of the United States government for
purposes of any law administered by the Office of Personnel Management:
Provided further, That such individuals may be considered employees
within the meaning of the Federal Employee Compensation Act, 5 U.S.C. 8101 et
seq.: Provided further, That Government service credit shall be
accrued for the time employed under a PSA should the individual later be hired
into a permanent U.S. Government position if their authorities so permit.
SEC. 738. None of the funds made available by this Act or any other Act
may be used to close or relocate a state Rural Development office unless or
until cost effectiveness and enhancement of program delivery have been
determined.
SEC. 739. Of any shipments of commodities made pursuant to Section 416(b)
of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the Secretary of
Agriculture shall, to the extent practicable, direct that tonnage equal in
value to not less than $25,000,000 shall be made available to foreign
countries to assist in mitigating the effects of the Human Immunodeficiency
Virus and Acquired Immune Deficiency Syndrome on communities, including the
provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus or Acquired Immune
Deficiency Syndrome in the communities, and
(B) households in the communities, particularly individuals caring for
orphaned children; and
(2) agricultural commodities monetized to provide other assistance
(including assistance under microcredit and microenterprise programs) to
create or restore sustainable livelihoods among individuals in the
communities, particularly individuals caring for orphaned children.
DIVISION B
The following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year ending September 30, 2000, and for
other purposes, namely:
TITLE I
NATURAL DISASTER ASSISTANCE AND OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $39,000,000:
Provided, That the entire amount shall be available only to the
extent an official budget request for $39,000,000, that includes designation
of the entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Federal Crop Insurance Corporation Fund
For an additional amount for the Federal Crop Insurance Corporation Fund,
up to $13,000,000, to provide premium discounts to purchasers of crop
insurance reinsured by the Corporation (except for catastrophic risk
protection coverage), as authorized under section 1102(g)(2) of the
Agriculture, Rural Development, Food and Drug Administration and Related
Agencies Appropriations Act, 1999 (Public Law 105-277): Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Rural Community Advancement Program
For an additional amount for the Rural Community Advancement Program,
$50,000,000 to provide grants pursuant to the Rural Community Facilities Grant
Program for areas of extreme unemployment or economic depression, subject to
authorization: Provided, That the entire amount shall be available
only to the extent an official budget request for $50,000,000, that includes
designation of the entire amount of the request as an emergency requirement as
defined by the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
For an additional amount for the Rural Community Advancement Program,
$30,000,000 to provide grants pursuant to the Rural Utility Service Grant
Program for rural communities with extremely high energy costs, subject to
authorization: Provided, That the entire amount shall be available
only to the extent an official budget request for $30,000,000, that includes
designation of the entire amount of the request as an emergency requirement as
defined by the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
For an additional amount for the Rural Community Advancement Program,
$50,000,000, for the cost of direct loans and grants of the rural utilities
programs described in section 381E(d)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009f), as provided in 7 U.S.C. 1926(a) and 7 U.S.C.
1926C for distribution through the national reserve for applications
associated with a risk to public heath or the environment or a natural
emergency: Provided, That of the amount provided by this paragraph,
$10,000,000 may only be used in counties which have received an emergency
designation by the President or the Secretary after January 1, 2000, for
applications responding to water shortages resulting from the designated
emergency: Provided further, That the entire amount necessary to
carry out this section shall be available only to the extent that an official
budget request for $50,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
For additional gross obligations for the principal amount of direct loans
as authorized by title V of the Housing Act of 1949 for section 515 rental
housing to be available from funds in the rural housing insurance fund to meet
needs resulting from Hurricanes Dennis, Floyd, or Irene, $40,000,000.
For the additional cost of direct loans for section 515 rental housing,
including the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, to remain available until expended,
$15,872,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
RENTAL ASSISTANCE PROGRAM
For an additional amount for rental assistance agreements entered into or
renewed pursuant to section 521(a)(2) of the Housing Act of 1949 for emergency
needs resulting from Hurricanes Dennis, Floyd, or Irene, $13,600,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
For additional five percent rural electrification loans pursuant to the
authority of section 305 of the Rural Electrification Act of 1936 (7 U.S.C.
935), $113,250,000.
For the additional cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of five percent
rural electrification loans authorized by the Rural Electrification Act of
1936 (7 U.S.C. 935), $1,000,000: Provided, That the entire amount
shall be available only to the extent an official budget request for
$1,000,000, that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section 251 (b)(2)(A)
of such Act.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1101. Notwithstanding section 11 of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714i), an additional $35,000,000, to remain available
until expended, shall be provided through the Commodity Credit Corporation in
fiscal year 2000 for technical assistance activities performed by any agency
of the Department of Agriculture in carrying out the Conservation Reserve
Program and the Wetlands Reserve Program funded by the Commodity Credit
Corporation: Provided, That the entire amount shall be available only
to the extent an official budget request for $35,000,000, that includes
designation of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 1102. The paragraph under the heading `Livestock Assistance' in
chapter 1, title I of H.R. 3425 of the 106th Congress, enacted by section
1000(a)(5) of Public Law 106-113 (113 Stat. 1536) is amended by striking
`during 1999' and inserting `from January 1, 1999, through February 7, 2000':
Provided, That the entire amount necessary to carry out this section
shall be available only to the extent that an official budget request for the
entire amount, that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
SEC. 1103. The issuance of regulations by the Secretary of Agriculture to
implement section 104 of H.R. 3425 of the 106th Congress, as enacted by
section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536) shall be made
without regard to--
(1) the notice and comment provisions of section 553 of title 5 United
States Code;
(2) the Statement of Policy of the Secretary of Agriculture effective
July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed
rulemaking; and
(3) chapter 35 of title 44 United States Code.
SEC. 1104. With respect to any 1999 crop year loan made by the Commodity
Credit Corporation to a cooperative marketing association established under
the laws of North Carolina, and to any person or entity in North Carolina
obtaining a 1999 crop upland cotton marketing assistance loan, the Corporation
shall reduce the amount of such outstanding loan indebtedness in an amount up
to 75 percent of the amount of the loan applicable to any collateral (in the
case of cooperative marketing associations of upland cotton producers and
upland cotton producers, not to exceed $5,000,000 for benefits to such
associations and such producers for up to 75 percent of the loss incurred by
such associations and such producers with respect to upland cotton that had
been placed under loan) that was produced in a county in which either the
Secretary of Agriculture or the President of the United States declared a
major disaster or emergency due to the occurrence of Hurricanes Dennis, Floyd
or Irene if the Corporation determines that such collateral suffered any
quality loss as a result of said hurricane: Provided, That if a
person or entity obtains a benefit under this section with respect to a
quantity of a commodity, no marketing loan gain or loan deficiency payment
shall be made available under the Federal Agricultural Improvement and Reform
Act of 1996 with respect to such quantity: Provided further, That no
more than $81,000,000 of the funds of the Corporation shall be available to
carry out this section: Provided further, That the entire amount
shall be available only to the extent an official budget request for
$81,000,000, that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
SEC. 1105. Hereafter, for the purposes of the Livestock Indemnity Program
authorized in Public Law 105-18, the term `livestock' shall have the same
meaning as the term `livestock' under section 104 of Public Law 106-31.
SEC. 1106. The Secretary shall use the funds, facilities and authorities
of the Commodity Credit Corporation to make and administer supplemental
payments to dairy producers who received a payment under section 805 of Public
Law 106-78 in an amount equal to thirty-five percent of the reduction in
market value of milk production in 2000, as determined by the Secretary, based
on price estimates as of the date of enactment of this Act, from the previous
five-year average: Provided, That the Secretary shall make payments
to producers under this section in a manner consistent with the payments to
dairy producers under section 805 of Public Law 106-78: Provided
further, That the Secretary shall make a determination as to whether a
dairy producer is considered a new producer for purposes of section 805 by
taking into account the number of months such producer has operated as a dairy
producer in order to calculate a payment rate for such producer: Provided
further, That the entire amount necessary to carry out this section shall
be available only to the extent that an official budget request for the entire
amount, that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
SEC. 1107. Notwithstanding any other provision of law, the Secretary of
Agriculture may use the funds, facilities and authorities of the Commodity
Credit Corporation to administer and make payments to: (a) compensate growers
whose crops could not be sold due to Mexican fruit fly quarantines in San
Diego and San Bernadino/Riverside counties in California since their
imposition on August 14, 1998, and September 22, 1999, respectively; (b)
compensate growers in relation to the Secretary's `Declaration of
Extraordinary Emergency' on March 2, 2000, regarding the plum pox virus; (c)
compensate growers for losses due to Pierce's disease; (d) compensate growers
for losses incurred due to infestations of grasshoppers and mormon crickets;
and (e) compensate commercial producers for losses due to citrus canker:
Provided, That the entire amount necessary to carry out this section
shall be available only to the extent that an official budget request for the
entire amount, that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
SEC. 1108. (a) Section 141 of the Agricultural Market Transition Act (7
U.S.C. 7251) is amended--
(1) in subsection (b)(4), by striking `and 2000' and inserting `through
2001'; and
(2) in subsection (h), by striking `2000' each place it appears and
inserting `2001'.
(b) Section 142(e) of the Agricultural Market Transition Act (7 U.S.C.
7252(e)) is amended by striking `2001' and inserting `2002'.
(c) The entire amount necessary to carry out this section shall be
available only to the extent that an official budget request for the entire
amount, that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
SEC. 1109. The Secretary shall use the funds, facilities and authorities
of the Commodity Credit Corporation in an amount equal to $450,000,000 to make
and administer payments for livestock losses using the criteria established to
carry out the 1999 Livestock Assistance Program (except for application of the
national percentage reduction factor) to producers for 2000 losses in a county
which has received an emergency designation by the President or the Secretary
after January 1, 2000, and shall be available until September 30, 2001:
Provided, That the Secretary shall give consideration to the effect
of recurring droughts in establishing the level of payments to producers under
this section: Provided further, That the entire amount necessary to
carry out this section shall be available only to the extent that an official
budget request for $450,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
SEC. 1110. In lieu of imposing, where applicable, the assessment for
producers provided for in subsection (d)(8) of 7 U.S.C. 7271 (Section 155 of
the Agricultural Market Transition Act), the Secretary shall, as necessary to
offset remaining loan losses for the 1999 crop of peanuts, borrow such amounts
as would have been collected under 7 U.S.C. 7271(d)(8) from the Commodity
Credit Corporation. Such borrowing shall be against all excess assessments to
be collected under subsection 7 U.S.C. 7271(g) for crop year 2000 and
subsequent years. For purposes of the preceding sentence, an assessment shall
be considered to be an `excess' assessment to the extent that it is not used
or will not be used, under the provisions of 7 U.S.C. 7271(d), to offset
losses on peanuts for the crop year in which the assessment is collected. The
Commodity Credit Corporation shall retain its own account sums collected under
7 U.S.C. 7271(g) as needed to recover the borrowing provided for in this
section to the extent that such collections are not used under 7 U.S.C.
7271(d) to cover losses on peanuts: Provided, That the entire amount
necessary to carry out this section shall be available only to the extent an
official budget request for the entire amount, that includes designation of
the entire amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
GENERAL INVESTIGATIONS
For an additional amount for `General investigations' to complete
preconstruction engineering and design of an emergency outlet from Devils
Lake, North Dakota, to the Sheyenne River, $4,500,000, to remain available
until expended: Provided, That the work shall include an
Environmental Impact Statement and the international coordination required to
comply with the Boundary Waters Treaty of 1909: Provided further,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS,
KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE
For an additional amount for emergency repairs and dredging due to the
effects of drought and other conditions, $10,000,000, to remain available
until expended, which shall be available only to the extent an official budget
request for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for emergency repairs and dredging due to storm
damages, $35,000,000, to remain available until expended, of which such
amounts for eligible navigation projects which may be derived from the Harbor
Maintenance Trust Fund pursuant to Public Law 99-662, shall be derived from
that Fund: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
INDEPENDENT AGENCIES
Appalachian Regional Commission
For an additional amount necessary to carry out the programs authorized by
the Appalachian Regional Development Act of 1965, as amended, $11,000,000, to
remain available until expended, which shall be available only to the extent
an official budget request for $11,000,000, that includes designation of the
entire amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For an additional amount for `Management of Lands and Resources',
$17,172,000 to remain available until expended, of which $15,687,000 shall be
used to address restoration needs caused by wildland fires and $1,485,000
shall be used for the treatment of grasshopper and Mormon Cricket infestations
on lands managed by the Bureau of Land Management: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent an official budget request for a
specific dollar amount, that includes designation of the entire amount of the
request as an emergency requirement as defined by such Act, is transmitted by
the President to the Congress.
WILDLAND FIRE MANAGEMENT
For an additional amount for `Wildland Fire Management', $100,000,000, to
remain available until expended, for emergency rehabilitation and wildfire
suppression activities: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That this amount shall be available
only to the extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by the President
to the Congress.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For an additional amount for `Resource Management', $1,500,000, to remain
available until expended, for support of the preparation and implementation of
plans, programs, or agreements, identified by the State of Idaho, that address
habitat for freshwater aquatic species on nonfederal lands in the State
voluntarily enrolled in such plans, programs, or agreements, of which $200,000
shall be made available to the Boise, Idaho field office to participate in the
preparation and implementation of the plans, programs or agreements, of which
$300,000 shall be made available to the State of Idaho for preparation of the
plans, programs, or agreements, including data collection and other activities
associated with such preparation, and of which $1,000,000 shall be made
available to the State of Idaho to fund habitat enhancement, maintenance, or
restoration projects consistent with such plans, programs, or agreements.
In addition, for an additional amount for `Resource Management',
$5,000,000, to remain available until expended, which amount shall be made
available to the National Fish and Wildlife Foundation to carry out a
competitively awarded grant program for State, local, or other organizations
in the State of Maine to fund on-the-ground projects to further Atlantic
salmon conservation or restoration efforts in coordination with the State of
Maine and the Maine Atlantic Salmon Conservation Plan, including projects to
(1) assist in land acquisition and conservation easements to benefit Atlantic
salmon; (2) develop irrigation and water use management measures to minimize
any adverse effects on salmon habitat; and (3) develop and phase in enhanced
aquaculture cages to minimize escape of Atlantic salmon: Provided,
That, of the amounts appropriated under this paragraph, $2,000,000 shall
be made available to the Atlantic Salmon Commission for salmon restoration and
conservation activities, including installing and upgrading weirs and fish
collection facilities, conducting risk assessments, fish marking, and salmon
genetics studies and testing, and developing and phasing in enhanced
aquaculture cages to minimize escape of Atlantic salmon, and $500,000 shall be
made available to the National Academy of Sciences to conduct a study of
Atlantic salmon: Provided further, That the amounts appropriated
under this paragraph shall not be subject to section 10(b)(1) of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709(b)(1)):
Provided further, That the National Fish and Wildlife Foundation
shall give special consideration to proposals that include matching
contributions (whether in currency, services, or property) made by private
persons or organizations or by State or local government agencies, if such
matching contributions are available: Provided further, That funds
made available under this paragraph shall be provided to the National Fish and
Wildlife Foundation not later than 15 days after the date of enactment of this
Act: Provided further, That the entire amount made available under
this heading is designated by the Congress as an emergency requirement under
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
CONSTRUCTION
For an additional amount for `Construction', $8,500,000, to remain
available until expended, to repair or replace buildings, equipment, roads,
bridges, and water control structures damaged by natural disasters and conduct
critical habitat restoration directly necessitated by natural disasters:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That $3,500,000 shall be available only to the extent that an
official budget request that includes designation of the entire amount as an
emergency as defined in the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to the Congress.
National Park Service
CONSTRUCTION
For an additional amount for `Construction', $5,300,000, to remain
available until expended, to repair or replace visitor facilities, equipment,
roads and trails, and cultural sites and artifacts at national park units
damaged by natural disasters: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $1,300,000 shall be available only
to the extent that an official budget request that includes designation of the
entire amount as an emergency as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President to
the Congress.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for `Surveys, Investigations, and Research',
$1,800,000, to remain available until expended, to repair or replace stream
monitoring equipment and associated facilities damaged by natural disasters:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining
Control and Reclamation Act, Public Law 95-87, as amended, $9,821,000, to
remain available until expended, of which $6,222,000, not subject to section
705(a) of the Act, shall be available for regulatory program enhancements for
the surface mining regulatory program of the State of West Virginia:
Provided, That the balance of the funds shall be made available to
the State to augment staffing and provide relative support expenses for the
State's regulatory program: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request for $9,821,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the Congress.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
For an additional amount for `Operation of Indian Programs', $1,200,000,
to remain available until expended, for repair of the portions of the Yakama
Nation's Signal Peak Road that have the most severe damage: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that an official
budget request that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President to
the Congress.
DEPARTMENT OF AGRICULTURE
Forest Service
NATIONAL FOREST SYSTEM
For an additional amount for `National Forest System' for emergency
expenses resulting from damages from wind storms, $5,759,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request for a specific dollar
amount, that includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by the President
to the Congress.
WILDLAND FIRE MANAGEMENT
For an additional amount for `Wildland Fire Management' for emergency
expenses resulting from damages from wind storms, $1,620,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request for a specific dollar
amount, that includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by the President
to the Congress.
RECONSTRUCTION AND MAINTENANCE
For an additional amount for `Reconstruction and Maintenance' for
emergency expenses resulting from damages from wind storms, $1,870,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent an official budget request for a specific dollar
amount, that includes designation of the entire amount of the request as an
emergency requirement as defined by such Act, is transmitted by the President
to the Congress.
CHAPTER 4
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
PROGRAM MANAGEMENT
For an additional amount for `Program Management', $15,000,000 to be
available through September 30, 2001: Provided, That the entire
amount is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That the entire amount
provided shall be available only to the extent an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the Congress.
Administration for Children and Families
LOW INCOME HOME ENERGY ASSISTANCE
For an additional amount for `Low Income Home Energy Assistance' for
emergency assistance under section 2602(e) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 8621(e)), $600,000,000, to remain
available until expended: Provided, That the entire amount is hereby
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That this amount shall be available
only to the extent an official budget request for a specific dollar amount
that includes designations of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit Control
Act, as amended, is transmitted by the President to the Congress.
CHAPTER 5
LEGISLATIVE BRANCH
JOINT ITEMS
Capitol Police Board
security enhancements
For an additional amount for costs associated with security enhancements,
as appropriated under chapter 5 of title II of division B of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law
105-277), $11,874,000, to remain available until expended, of which--
(1) $10,000,000 shall be for security enhancements in connection with
the initial implementation of the United States Capitol Police master plan:
Provided, That notwithstanding such chapter 5, such funds shall be
available for facilities located within or outside of the Capitol Grounds,
and such security enhancements shall be subject to the approval of the
Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate; and
(2) $1,874,000 shall be for security enhancements to the buildings and
grounds of the Library of Congress:
Provided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Capitol Police
SALARIES
For an additional amount for costs of overtime, $2,700,000, to be
available to increase, in equal amounts, the amounts provided to the House of
Representatives and the Senate: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
ARCHITECT OF THE CAPITOL
fire safety
For an additional amount for expenses for fire safety, $17,480,000, to
remain available until expended, of which $7,039,000 shall be for `Capitol
Buildings and Grounds--Capitol Buildings--Salaries and Expenses'; $2,314,000
shall be for `Senate Office Buildings'; $4,213,000 shall be for `House Office
Buildings'; $3,000 shall be for `Capitol Power Plant'; $26,000 shall be for
`Botanic Garden--Salaries and Expenses'; and $3,885,000 shall be for
`Architect of the Capitol--Library Buildings and Grounds--Structural and
Mechanical Care': Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1501. (a) Section 201 of the Legislative Branch Appropriations Act,
1993 (40 U.S.C. 216c note) is amended by striking `$10,000,000' each place it
appears and inserting `$14,500,000'.
(b) Section 201 of such Act is amended--
(1) by inserting `(a)' before `Pursuant', and
(2) by adding at the end the following:
`(b) The Architect of the Capitol is authorized to solicit, receive,
accept, and hold amounts under section 307E(a)(2) of the Legislative Branch
Appropriations Act, 1989 (40 U.S.C. 216c(a)(2)) in excess of the $14,500,000
authorized under subsection (a), but such amounts (and any interest thereon)
shall not be expended by the Architect without approval in appropriation Acts
as required under section 307E(b)(3) of such Act (40 U.S.C. 216c(b)(3)).'.
SEC. 1502. TRADE DEFICIT REVIEW COMMISSION. (a) ISSUES TO BE ADDRESSED-
Section 127(d)(2) of division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277; 19 U.S.C. 2213
note) is amended by adding at the end the following new subparagraph:
`(I) The impact of the merchandise trade and current account balances
on the national security of the United States, including in particular an
assessment of the significance to national security of persistent and
substantial bilateral trade deficits and the need of a fully integrated
national security, trade, and industrial base trade-impact adjustment
policy.'.
(b) DEADLINE FOR SUBMISSION OF FINAL REPORT- Section 127(e)(1) of division
A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277; 19 U.S.C. 2213 note) is amended by striking `12
months' and inserting `15 months'.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
RELATED AGENCIES
National Transportation Safety Board
SALARIES AND EXPENSES
For an additional amount for `Salaries and expenses,' $24,739,000, for
emergency expenses associated with the investigation of the Egypt Air 990 and
Alaska Air 261 accidents, to remain available until expended: Provided,
That such funds shall be available for wreckage location and recovery,
facilities, technical support, testing, and wreckage mock-up: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
For an additional amount, $24,900,000 for the Secretary of the Treasury to
establish and operate an in-service firearms training facility for the U.S.
Customs Service and other agencies, to remain available until expended:
Provided, That the Secretary is authorized to designate a lead agency
to oversee the development, implementation and operation of the facility and
to conduct training: Provided further, That the Director of the U.S.
Fish and Wildlife Service shall without compensation and at the earliest
practicable date, initiate a permanent, no-cost transfer of property owned by
the U.S. Fish and Wildlife Service, identified as the Sleepy Hollow
Partnership & Marcus Enterprises tract, (44,-R), 327.46 acres, Harpers
Ferry Magisterial District, Jefferson County, West Virginia, together with a
forty-five foot right-of-way over the lands of Valley Blox, Inc. as described
in the deed from Joel T. Broyhill Enterprises, Inc. to Sleepy Hollow
Partnership, et al., in a Deed dated March 29, 1989 and recorded in the
Jefferson County Clerk's Office in Deed Book 627, Page 494, to the United
States Department of the Treasury: Provided further, That the total
amount made available under this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
that an official budget request that includes designation of the entire amount
as an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President to
the Congress.
Bureau of Alcohol, Tobacco and Firearms
For an additional amount for `Salaries and Expenses' for enforcement of
existing gun laws, $93,751,000, to remain available until expended:
Provided, That the entire amount in this section is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to
the extent that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined by such Act, is transmitted by the President to the
Congress.
INDEPENDENT AGENCIES
General Services Administration
POLICY AND OPERATIONS
For an additional amount, $3,300,000 to remain available until expended
for the Salt Lake 2002 Winter Olympic and Paralympic Games doping control
program.
CHAPTER 8
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
HOME INVESTMENT PARTNERSHIPS PROGRAM
For an additional amount for the HOME investment partnerships program, as
authorized under title II of the Cranston-Gonzalez National Affordable Housing
Act (Public Law 101-625), as amended, $25,000,000: Provided, That
these funds shall be provided to states with designated disaster areas caused
by Hurricane Floyd for the purpose of providing temporary assistance in
obtaining rental assistance and for the construction of affordable replacement
rental housing for very low-income families displaced by flooding caused by
Hurricane Floyd: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President to
the Congress.
INDEPENDENT AGENCIES
Federal Emergency Management Agency
DISASTER RELIEF
Of the unobligated balances made available under the second paragraph
under the heading `Federal Emergency Management Agency, Disaster Relief' in
Public Law 106-74, in addition to other amounts made available, up to
$50,000,000 may be used by the Director of the Federal Emergency Management
Agency for the buyout of repetitive loss properties which are principal
residences that have been made uninhabitable by floods in areas which were
declared federal disasters in fiscal year 1999 and 2000: Provided,
That such properties are located in a 100-year floodplain: Provided
further, That no homeowner may receive any assistance for buyouts in
excess of the pre-flood fair market value of the residence (reduced by any
proceeds from insurance or any other source paid or owed as a result of the
flood damage to the residence): Provided further, That each state
shall ensure that there is a contribution from non-Federal sources of not less
than 25 percent in matching funds (other than administrative costs) for any
funds allocated to the State for buyout assistance: Provided further,
That all buyouts under this section shall be subject to the terms and
conditions specified under 42 U.S.C. 5170c(b)(2)(B): Provided
further, That none of the funds made available for buyouts under this
paragraph may be used in any calculation of a State's section 404 allocation:
Provided further, That the Director shall report quarterly to the
House and Senate Committees on Appropriations on the use of all funds
allocated under this paragraph and certify that the use of all funds are
consistent with all applicable laws and requirements: Provided
further, That no funds shall be allocated for buyouts under this
paragraph except in accordance with regulations promulgated by the Director:
Provided further, That the entire amount shall be available only to
the extent an official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined by the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
CHAPTER 9
GENERAL PROVISION--THIS TITLE
SEC. 1901. For an additional amount for `Health Resources and Services
Administration, Health Resources and Services', $3,500,000, for the Saint
John's Lutheran Hospital in Libby, Montana, for construction and renovation of
health care and other facilities and an additional amount for the `Economic
Development Administration', $8,000,000, only for a grant to the City of
Libby, Montana: Provided, That the entire amounts in this section are
designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amounts provided within
this section shall be available only to the extent an official budget request
that includes designation of the entire amounts of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the Congress.
SEC. 1902. For an additional amount for `Operations, Research, and
Facilities', for emergency expenses for fisheries disaster relief pursuant to
section 312(a) of the Magnuson-Stevens Fishery Conservation and Management
Act, as amended, for the Pribilof Island and East Aleutian area of the Bering
Sea, $10,000,000 to remain available until expended: Provided, That
in implementing this section, notwithstanding section 312(a)(3), the Secretary
shall immediately make available as a direct payment $2,000,000 to the States
of Alaska, Washington, and Oregon for distribution of emergency aid to
individuals with family incomes below 185 percent of the federal poverty level
who have suffered a direct negative impact from the fisheries resource
disaster and $3,000,000 for Bering Sea ecosystem research including $1,000,000
for the State of Alaska to develop a cooperative research plan to restore the
crab fishery: Provided further, That the Secretary of Commerce
declares a fisheries failure pursuant to section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act, as amended:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to
the extent an official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
SEC. 1903. For an additional amount for the District of Columbia
Metropolitan Police Department, $4,485,000 for the reimbursement of certain
costs incurred by the District of Columbia as host of the International
Monetary Fund and World Bank Organization Spring Conference in April 2000:
Provided, That the entire amount shall be available only to the
extent an official budget request for $4,485,000, that includes designation of
the entire amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
TITLE II
SUPPLEMENTAL APPROPRIATIONS AND OFFSETS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
From amounts appropriated under this heading in Public Law 106-78 not
needed for federal food inspection, up to $6,000,000 may be used to liquidate
obligations incurred in previous years, to the extent approved by the Director
of the Office of Management and Budget based on documentation provided by the
Secretary of Agriculture.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2101. Section 381A(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009(1)) is amended as follows:
`(1) RURAL AND RURAL AREA- The terms `rural and rural area' mean,
subject to 306(a)(7), a city or town that has a population of 50,000
inhabitants or less, other than an urbanized area immediately adjacent to a
city or town that has a population in excess of 50,000 inhabitants, except
for business and industry projects or facilities described in section
310(B)(a)(1), a city or town with a population in excess of 50,000
inhabitants and its immediately adjacent urbanized area shall be eligible
for funding when the primary economic beneficiaries of such projects or
facilities are producers of agriculture commodities.'.
SEC. 2102. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to the Long Park Dam in Utah from funds available for the Emergency
Watershed Program, not to exceed $4,500,000.
SEC. 2103. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to the Kuhn Bayou (Point Remove) Project in Arkansas from funds
available for the Emergency Watershed Program, not to exceed $3,300,000.
SEC. 2104. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to the Snake River Watershed project in Minnesota from funds
available for the Emergency Watershed Program, not to exceed $4,000,000.
CHAPTER 2
DEPARTMENT OF JUSTICE
Radiation Exposure Compensation
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
For an additional amount for `Payment to Radiation Exposure Compensation
Trust Fund', $7,246,000.
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for `Economic Development Assistance Programs',
$8,000,000 for public works grants for communities affected by hurricanes and
other natural disasters.
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses', $300,000 to
administer public works grants for communities affected by hurricanes and
other natural disasters.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for the account entitled `Operations, Research,
and Facilities', $5,500,000.
DEPARTMENT OF STATE
Presidential Advisory Commission on Holocaust Assets in the United
States
For an additional amount for the `Presidential Advisory Commission on
Holocaust Assets in the United States', as authorized by Public Law 105-186,
as amended, $1,400,000, to remain available until March 31, 2001, for the
direct funding of the activities of the Commission: Provided, That
the entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount provided shall be available only to the extent an official budget
request that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
CHAPTER 3
ENERGY PROGRAMS
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for `Uranium enrichment decontamination and
decommissioning fund', $58,000,000, to be derived from the Fund, to remain
available until expended.
CHAPTER 4
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for `Training and Employment Services',
$40,000,000, to be available for obligation for the period April 1, 2000,
through June 30, 2001, to be distributed by the Secretary of Labor to States
for youth activities in the local areas containing the 50 cities with the
largest populations, as determined by the latest available Census data, in
accordance with the formula criteria for allocations to local areas contained
in section 128(b)(2)(A)(i) of the Workforce Investment Act: Provided,
That the amounts distributed to the States shall be distributed within each
State to the designated local areas without regard to section 127(a) and
(b)(1) and section 128(a) of such Act.
Mine Safety and Health Administration
SALARIES AND EXPENSES
The matter under this heading in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act, 2000
(as enacted into law by section 1000(a)(4) of Public Law 106-113) is amended
by striking `including not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy' and inserting `and, in addition, not to exceed
$750,000 may be collected by the National Mine Health and Safety Academy'.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
For an additional amount for `Payments to States for Foster Care and
Adoption Assistance' for payments for fiscal year 2000, $35,000,000.
Administration on Aging
AGING SERVICES PROGRAMS
The matter under this heading in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act, 2000
(as enacted into law by section 1000(a)(4) of Public Law 106-113) is amended
by inserting after `$934,285,000' the following: `, of which $2,200,000 shall
be for the Anchorage, Alaska Senior Center, and shall remain available until
expended'.
General Provisions--Department of Health and Human Services
SEC. 2401. Section 206 of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(4) of Public Law 106-113) is amended by
inserting before the period at the end the following: `: Provided
further, That this section shall not apply to funds appropriated under
the heading `Centers for Disease Control and Prevention--Disease Control,
Research, and Training', funds made available to the Centers for Disease
Control and Prevention under the heading `Public Health and Social Services
Emergency Fund', or any other funds made available in this Act to the Centers
for Disease Control and Prevention'.
SEC. 2402. Section 216 of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(4) of Public Law 106-113) is repealed.
DEPARTMENT OF EDUCATION
HIGHER EDUCATION
Funds appropriated under this heading in Public Law 105-78 to carry out
title X-E of the Higher Education Act shall be available for obligation by the
states through September 30, 2000, and funds appropriated in Public Law
105-277 to carry out title VIII-D of the Higher Education Amendments of 1998
shall be available for obligation by the states through September 30, 2001.
EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT
The matter under this heading in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act, 2000
(as enacted into law by section 1000(a)(4) of Public Law 106-113) is
amended--
(1) by striking `North Babylon Community Youth Services for an
educational program' and inserting `Town of Babylon Youth Bureau for an
educational program';
(2) by striking `to promote participation among youth in the United
States democratic process' and inserting `to expand access to and improve
advanced education';
(3) by striking `Oakland Unified School District in California for an
African American Literacy and Culture Project' and inserting `California
State University, Hayward, for an African-American Literacy and Culture
Project carried out in partnership with the Oakland Unified School District
in California'; and
(4) by striking `$900,000 shall be awarded to the Boston Music Education
Collaborative comprehensive interdisciplinary music program and teacher
resource center in Boston, Massachusetts' and inserting `$462,000 shall be
awarded to the Boston Symphony Orchestra for the teacher resource center and
$370,000 shall be awarded to the Boston Music Education Collaborative for an
interdisciplinary music program, in Boston, Massachusetts'.
RELATED AGENCIES
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
For an additional amount for `Limitation on Administration', $500,000, to
be available through September 30, 2001.
Social Security Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
For an additional amount for `Limitation on Administrative Expenses',
$50,000,000, to be available through September 30, 2001.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2403. Section 403(a)(5) of the Social Security Act (42 U.S.C.
603(a)(5)), as amended by section 806(b) of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act,
2000 (as enacted into law by section 1000(a)(4) of Public Law 106-113) is
amended--
(1) in subparagraph (F), by striking `$1,500,000' and inserting
`$15,000,000';
(2) in subparagraph (G), by striking `$900,000' and inserting
`$9,000,000'; and
(3) in subparagraph (H), by striking `$300,000' and inserting
`$3,000,000'.
SEC. 2404. (a) Workforce Investment Act of 1998- The Workforce Investment
Act of 1998 (20 U.S.C. 2841) is amended--
(A) by striking `under Public Law 88-210 (as amended; 20 U.S.C. 2301
et seq.)' each place it appears and inserting in lieu thereof, `under
Public Law 105-332 (20 U.S.C. 2301 et seq.)'; and
(B) by adding at the end the following:
`(d) Notwithstanding any other provision of this section, for fiscal year
2000, the Secretary shall not consider the expected levels of performance
under Public Law 105-332 (20 U.S.C. 2301 et seq.) and shall not award a grant
under subsection (a) based on the levels of performance for that Act.'.
(b) Carl D. Perkins Vocational and Technical Education Act of 1998-
Section 111 (a)(1)(C) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2321) is amended by striking `fiscal years
2000' and inserting in lieu thereof `fiscal years 2001'.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAYS TRUST FUND)
(TRANSFER OF FUNDS)
For an additional amount for `Operations', $77,000,000, of which
$50,400,000 shall be derived by transfer from the unobligated balances of
`Facilities and Equipment', and $26,600,000 shall be derived from funds
transferred to the Department of Transportation for year 2000 conversion of
Federal information technology systems and related expenses pursuant to Public
Law 105-277, to be available until September 30, 2001.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2501. Under the heading `Discretionary Grants' in Public Law 105-66,
`$4,000,000 for the Salt Lake City regional commuter system project;' is
amended to read `$4,000,000 for the transit and other transportation-related
portions of the Salt Lake City regional commuter system and Gateway Intermodal
Terminal;'.
SEC. 2502. Notwithstanding any other provision of law, the Commandant
shall transfer $8,000,000 identified in the conference report accompanying
Public Law 106-69 for `Unalaska, AK--pier' to the City of Unalaska, Alaska for
the construction of a municipal pier and other harbor improvements:
Provided, That the City of Unalaska enter into an agreement with the
United States to accommodate Coast Guard vessels and support Coast Guard
operations at Unalaska, Alaska.
SEC. 2503. From amounts previously made available in Public Law 106-69
(Department of Transportation and Related Agencies Appropriations Act, 2000)
for `Research, Engineering, and Development', $600,000 shall be available only
for testing the potential for ultra-wideband signals to interfere with global
positioning system receivers by the National Telecommunications and
Information Administration (NTIA): Provided, That the results of said
test be reported to the House and Senate Committees on Appropriations not
later than six months from the date of enactment of this act.
SEC. 2504. Notwithstanding any other provision of law, there is
appropriated to the Federal Highway Administration for transfer to the Utah
Department of Transportation, $35,000,000 for Interstate 15 reconstruction;
such sums to remain available until expended: Provided, That the Utah
Department of Transportation shall make available from state funds $35,000,000
for transportation planning, and temporary and permanent transportation
infrastructure improvements for the Salt Lake City 2002 Olympic Winter Games:
Provided further, That the specific planning activities and
transportation infrastructure projects identified for state funding shall be
limited to the following projects included in the Olympic Transportation
Concept Plan approved by the Secretary of Transportation:
(2) Venue Load and Unload
(4) Bus Maintenance Facilities
(5) Olympic Park & Ride Lots
(6) North-South Light Rail Park & Ride Lot Expansion.
SEC. 2505. Notwithstanding any other provision of law, the Secretary of
Transportation may hereafter use Federal Highway Administration Emergency
Relief funds as authorized under 23 U.S.C. 125, to reconstruct or modify to a
higher elevation roads that are currently impounding water within a closed
basin lake greater than fifty thousand acres: Provided, That the
structures on which the roadways are to be built shall be constructed to
applicable approved United States Army Corps of Engineers design standards.
CHAPTER 6
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Homeless Assistance Grants
Amounts made available under this heading in title II of Public Law 106-74
shall first be made available to renew all expiring rental contracts under the
supportive housing program (as authorized under subtitle C of title IV of the
Stewart B. McKinney Homeless Assistance Act, as amended), and the shelter plus
care program (as authorized under subtitle F of title IV of such Act):
Provided, That a request for such funding be submitted in accordance
with the eligibility requirements established by the Secretary pursuant to a
notice of funding availability for fiscal year 2000: Provided
further, That the Secretary may make funds available as necessary to
renew all grants for rental assistance under subtitle C of title IV of the
Stewart B. McKinney Homeless Assistance Act, as amended, for permanent housing
for homeless persons with disabilities or subtitle F of such Act where a
request for funding was submitted in accordance with the eligibility
requirements established by the Secretary pursuant to the notice of funding
availability for fiscal year 1999 covering such programs but not approved; and
the grant request was made by an entity that received such a grant pursuant to
the notice of funding availability for a previous fiscal year and the funding
under such previous grant expiries during calendar year 2000: Provided
further, That each grant awarded under this heading shall be certified by
the Secretary as needed to meet the needs of the homeless in the community in
which the grant was made and that the financial accounts of each grantee are
determined to meet all applicable accounting requirements.
Housing Programs
FHA-GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
For an additional amount for `FHA General and special risk program
account' for the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including the
cost of loan modifications (as that term is defined in section 502 of the
Congressional Budget Act of 1974, as amended), $49,000,000, to remain
available until expended.
Management and Administration
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING RESCISSION OF FUNDS)
Of the amounts made available under this heading in Public Law 106-74, the
$20,000,000 provided for the Office of the Inspector General is rescinded. For
an additional amount for the `Office of the Inspector General', $20,000,000,
to remain available until September 30, 2001: Provided, That these
funds shall be made available under the same terms and conditions as
authorized for the funds under this heading in Public Law 106-74.
National Aeronautics and Space Administration
HUMAN SPACE FLIGHT
For an additional amount for `Human Space Flight' to provide for urgent
upgrades to the space shuttle fleet, $25,800,000, to remain available until
September 30, 2001.
MISSION SUPPORT
For an additional amount for `Mission Support' to provide for needed
augmentation of personnel, $20,200,000, to remain available until September
30, 2001.
National Science Foundation
EDUCATION AND HUMAN RESOURCES
For an additional amount for `Education and human resources',
$1,000,000.
GENERAL PROVISIONS--THIS CHAPTER
SEC. 2601. Title V, Subtitle C, section 538 of Public Law 106-74, is
amended by striking `during any period that the assisted family continues
residing in the same project in which the family was residing on the date of
the eligibility event for the project, if' and inserting in lieu thereof the
following: `the assisted family may elect to remain in the same project in
which the family was residing on the date of the eligibility event for the
project, and if, during any period the family makes such an election and
continues to reside,'.
SEC. 2602. None of the funds appropriated under this or any other Act may
be used by the Secretary of Housing and Urban Development to hire any staff
for the replacement of any position that is designated or was formerly
designated as an external community builder position within the Department of
Housing and Urban Development: Provided, That none of the funds
appropriated under this or any other Act shall be used to hire any staff above
a GS-12 grade level until the Secretary has submitted an employment staffing
plan to the House and Senate Committees on Appropriations that reflects the
staffing and capacity needs of the Department: Provided further, That
the Secretary may hire staff above a GS-12 level on a finding of special need
and that the finding of special need has been certified as such by the Office
of Personnel Management.
SEC. 2603. None of the funds appropriated under this or any other Act may
be used by the Secretary of Housing and Urban Development to prohibit or debar
any entity (and the individuals comprising that entity) that is responsible
for convening and managing a continuum of care process (convenor) in a
community for purposes of the Stewart B. McKinney Homeless Assistance Act from
participating in that capacity unless the Secretary has published in the
Federal Register a description of all circumstances that would be grounds for
prohibiting or debarring a convenor from administering a continuum of care
process and the procedures for a prohibition or debarment: Provided,
That these procedures shall include a requirement that a convenor shall be
provided with timely notice of a proposed prohibition or debarment, an
identification of the circumstances that could result in the prohibition or
debarment, an opportunity to respond to or remedy these circumstances, and the
right for judicial review of any decision of the Secretary that results in a
prohibition or debarment.
SEC. 2604. Section 175 of Public Law 106-113 is amended by striking out
`as a grant for Special Olympics in Anchorage Alaska to develop the Ben Boeke
Arena and Hilltop Ski Area,' and insert in lieu thereof the following `to the
Organizing Committee for the 2001 Special Olympics World Winter games to be
used in support of related activities in Alaska,'.
SEC. 2605. Of the amount made available under the fourth undesignated
paragraph under the `Community Planning and Development--Community Development
Block Grants' in title II of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act, 2000
(Public Law 106-74; 113 Stat. 1062) for neighborhood initiatives for specified
grants, the $500,000 to be made available (pursuant to the related provisions
of the joint explanatory statement in the conference report to accompany such
Act (House Report No. 106-379, 106th Congress, 1st session)) to the City of
Yankton, South Dakota, for the restoration of the downtown area and the
development of the Fox Run Industrial Park shall, notwithstanding such
provisions, be made available to such city for activities to facilitate
economic development, including infrastructure improvements.
SEC. 2606. (a) Technical Revision to Public Law 106-74- Title II of Public
Law 106-74 is amended--
(1) under the heading `Urban Empowerment Zones', by striking
`$3,666,000' and inserting `$3,666,666'; and
(2) under the heading `Community Development Block Grants' under the
fourth undesignated paragraph, by striking `$23,000,000' and inserting
`$22,750,000'.
(b) Technical Revision to Public Law 106-113- Section 242(a) of Appendix E
of Public Law 106-113 is amended--
(1) by striking `seventh' and inserting `sixth'; and
(2) by striking `$250,175,000' and inserting `$250,900,000'.
(c) EFFECTIVE DATES- The amendments made by--
(1) subsection (a) shall be construed to have taken effect on October
20, 1999; and
(2) subsection (b) shall be construed to have taken effect on November
29, 1999.
SEC. 2607. Section 235 Rescission. Section 208(3) of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2000 is amended--
(1) by striking `235(r)' and inserting `235';
(2) by inserting after `104 Stat. 2305)' the following: `for payments
under section 235(r) of the National Housing Act'; and
(3) by striking `for such purposes'.
SEC. 2608. PUBLIC HOUSING ADVISORY COMMITTEE. Section 2(b)(2) of the
United States Housing Act of 1937 is amended--
(a) by striking `or' at the end of subparagraph (A);
(b) by striking the period at the end of subparagraph (B) and inserting
in lieu thereof `; or'; and
(c) by adding the following new subparagraph (C):
`(C) that is a state housing finance agency that is responsible for
administering public housing or section 8 in a state, except that the
state housing finance agency shall establish an advisory committee of
persons who are residents of such public housing or who are assisted under
such section 8. This advisory committee shall meet not less than quarterly
and shall advise the state housing finance agency on issues that directly
impact the public housing or section 8 that is administered by the state
housing finance agency.'.
CHAPTER 7
OFFSETS
DEPARTMENT OF AGRICULTURE
Office of the Chief Information Officer
Of the funds transferred to `Office of the Chief Information Officer' for
year 2000 conversion of Federal information technology systems and related
expenses pursuant to Division B, Title III of Public Law 105-277, $2,435,000
of the unobligated balances are hereby canceled.
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
(RESCISSION)
Of the amounts made available under this heading for General
Administration, $2,000,000 are rescinded.
United States Parole Commission
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading, $1,147,000 are
rescinded.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(RESCISSION)
Of the unobligated balances available under this heading for the Civil
Division, $2,000,000 are rescinded.
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading, $13,500,000 are
rescinded.
Federal Bureau of Investigation
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading for the
Information Sharing Initiative, $15,000,000 are rescinded.
Immigration and Naturalization Service
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
(RESCISSION)
Of the unobligated balances available under this heading for Washington
headquarters operations, including all unobligated balances available for the
Office of the Chief of the Border Patrol, $5,000,000 are rescinded.
CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND PROGRAM DIRECTION
(RESCISSION)
Of the unobligated balances available under this heading for Washington
headquarters operations, $5,000,000 are rescinded.
VIOLENT CRIME REDUCTION PROGRAMS
(RESCISSION)
Of the unobligated balances available under this heading for Washington
headquarters operations, $5,000,000 are rescinded.
Office of Justice Programs
JUSTICE ASSISTANCE
(RESCISSION)
Of the amounts made available under this heading for the Bureau of Justice
Assistance, $500,000 are rescinded from the Management and Administration
activity.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(RESCISSION)
Of the unobligated balances available under this heading for the State
Criminal Alien Assistance Program, $82,399,000 are rescinded.
DEPARTMENT OF COMMERCE
Science and Technology
National Institute of Standards and Technology
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading for the Advanced
Technology Program, $4,500,000 are rescinded.
RELATED AGENCIES
Small Business Administration
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading, $5,000,000 are
rescinded from the New Markets Venture Capital Program.
BUSINESS LOANS PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances available under this heading for the New
Markets Venture Capital Program, $1,500,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Departmental Management
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
Of the funds transferred to `Public Health and Social Services Emergency
Fund' for year 2000 conversion of Federal information technology systems and
related expenses pursuant to Division B, Title III of Public Law 105-277,
$26,452,000 of the unobligated balances is hereby canceled. In addition, of
the funds appropriated for the Department's year 2000 computer conversion
activities under this heading in the Department of Health and Human Services
Appropriations Act, 2000, as enacted by section 1000(a)(4) of the Consolidated
Appropriations Act, 2000 (Public Law 106-113), $98,048,000 is hereby
canceled.
EXECUTIVE OFFICE OF THE PRESIDENT
Federal Drug Control Programs
SPECIAL FORFEITURE FUND
(RESCISSION)
Of the amounts made available under this heading in Public Law 106-58 for
the national media campaign, $3,300,000 are hereby rescinded.
Unanticipated Needs
INFORMATION TECHNOLOGY SYSTEMS AND RELATED EXPENSES
Under this heading in division B, title III of Public Law 105-277, strike
`$2,250,000,000' and insert `$2,015,000,000'.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
HOUSING CERTIFICATE FUND
(RESCISSION)
Of the amounts recaptured under this heading from funds appropriated
during fiscal year 2000 and prior years, $128,000,000 is hereby rescinded.
GENERAL PROVISION--THIS CHAPTER
(RESCISSION)
SEC. 2701. (a) Of the unobligated balances available on October 1, 2000
from appropriations made in fiscal year 2000 and prior years, in the
nondefense, general purpose category to the departments and agencies of the
Federal Government for Information Technology programs and activities,
$325,000,000 are rescinded.
(b) Within 30 days after the date of the effective date of this section,
the Director of the Office of Management and Budget shall submit to the
Committees on Appropriations of the House of Representatives and the Senate a
listing of the amounts by account of the reductions made pursuant to the
provisions of subsection (a) of this section.
(c) Subsection (a) shall be effective on October 1, 2000.
CHAPTER 8
GENERAL PROVISIONS--THIS TITLE
SEC. 2801. For purposes of Section 201 of the Drug Price Competition and
Patent Term Restoration Act, commonly known as the Hatch-Waxman Act (35 U.S.C.
156), a patent which claims an elemental biologic used in manufacturing a
product shall be eligible for an extension of its term on the same terms and
conditions as other patents eligible under such Section, except that: (1)
under 35 U.S.C. 156(a)(4), the product manufactured using such elemental
biologic, rather than such elemental biologic, shall have been subject to a
regulatory review period before its commercial marketing or use; and (2) an
application for extension of term may be submitted within the sixty-day period
beginning on the date of enactment of this section or within the sixty-day
period beginning on the date the patent becomes eligible for extension under
this section. For purposes of this section, the term `elemental biologic'
means a genetically engineered cell, or method of making thereof, used in
manufacturing five or more new drugs, antibiotic drugs, or human biological
products, each subject to a regulatory review period before commercial
marketing or use and each receiving permission under the provision of law
under which the applicable regulatory review period occurred for commercial
marketing or use. To be eligible to apply for a term extension under this
section, the owner of record of a patent claiming an elemental biologic must:
(1) be a non-profit organization as defined by section 201 of title 35; (2)
not itself commercially sell the product, and have made reasonable efforts to
promote utilization of the patented invention in commercial markets by
licensing, on a non-exclusive, royalty free or reasonable royalty basis,
rights to make, use, offer to sell, or sell the invention; and (3) share any
royalties with the inventor, and after payment of expenses (including payments
to inventors) incidental to administration of inventions, invest the balance
of any royalties or income earned from the invention in scientific research or
education. This section shall apply to any patent not yet expired at the time
of enactment of this section and to any patent issued thereafter. A timely
applicant shall be entitled to a decision by the Commissioner of Patents and
Trademarks granting or denying the application prior to such expiration of the
patent, or if the Commissioner cannot render such decision prior to such
expiration, an extension under section 156(e)(2), Title 35 United States Code,
prior to expiration of the patent.
SEC. 2802. At the end of the first paragraph under the heading `National
Oceanic and Atmospheric Administration, Operations, Research, and Facilities'
in title II of H.R. 3421 of the 106th Congress as enacted by section
1000(a)(1) of Public Law 106-113, add the following: `: Provided
further, That the vessel RAINIER shall use Ketchikan, Alaska as its home
port'.
SEC. 2803. Notwithstanding any other provision of law Section 109 of the
Commerce, Justice, and State, the Judiciary and Related Agencies
Appropriations Act 1995, Public Law 103-317 (28 U.S.C. 509 note) is
repealed.
SEC. 2804. Notwithstanding any other provision of law, not later than 15
days after the date of enactment of this Act the Department of Justice shall
transfer back to any Department or Agency all funds provided to the Department
of Justice as reimbursement for the costs of tobacco litigation:
Provided, That the Department of Justice shall report to the
Committees on Appropriations on the amounts reimbursed, by Department and
Agency, and the date when the reimbursements are completed.
SEC. 2805. Under the heading `Federal Communications Commission, Salaries
and Expenses' in title V of H.R. 3421 of the 106th Congress, as enacted by
section 1000(a)(1) of Public Law 106-113, delete `$210,000,000' and insert
`$215,800,000'; in the first and third provisos delete `$185,754,000' and
insert `$191,554,000' in each such proviso.
SEC. 2806. Under the heading `Telecommunications carrier compliance fund'
in title I of H.R. 3421 of the 106th Congress, as enacted by section
1000(a)(1) of Public Law 106-113, strike `$15,000,000' and insert
`$115,000,000'.
SEC. 2807. At the end of the paragraph under the heading `Justice prisoner
and alien transportation system fund, United States Marshals Service' in title
I of H.R. 3421 of the 106th Congress, as enacted by section 1000(a)(1) of
Public Law 106-113, add the following: `In addition, $13,500,000, to remain
available until expended, shall be available only for the purchase of two
Sabreliner-class aircraft.'.
SEC. 2808. Title IV of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2000 (as contained in
Public Law 106-113) is amended in the paragraph entitled `Diplomatic and
consular programs' by inserting after the fourth proviso: `Provided
further, That of the amount made available under this heading,
$5,000,000, less any costs already paid, shall be used to reimburse the City
of Seattle and other Washington state jurisdictions for security costs
incurred in hosting the Third World Trade Organization Ministerial
Conference:'.
SEC. 2809. Of the discretionary funds appropriated to the Edward Byrne
Memorial State and Local Law Enforcement Assistance Program in fiscal year
2000, $1,000,000 shall be transferred to the Violent Offender Incarceration
and Truth In Sentencing Incentive Grants Program to be used for the
construction costs of the Hoonah Spirit Camp, as authorized under section
20109(a) of subtitle A of title II of the 1994 Act.
SEC. 2810. Title I of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2000 (as contained in
Public Law 106-113) is amended in the paragraph entitled `Federal Bureau of
Investigation, Salaries and Expenses' by inserting after the third proviso the
following new proviso: `: Provided further, That in addition to
amounts made available under this heading, $3,000,000 shall be available for
the creation of a new site for the National Domestic Preparedness Office
outside of FBI Headquarters and the implementation of the `Blueprint' with
regard to the National Domestic Preparedness Office'.
SEC. 2811. Of the funds made available in fiscal year 2000 for the
Department of Commerce, $1,000,000 shall be derived from the account entitled
`General Administration' and $500,000 from the account entitled `Office of the
Inspector General' and made available for the Commission on Online Child
Protection as established under Title XIII of Public Law 105-825, and extended
by subsequent law.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
SEC. 3101. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
SEC. 3102. Notwithstanding the provisions of 10 U.S.C. 125(a), 3013, 3014,
3015, and 3016, none of the funds made available in this or any other Act may
be used to restructure, reorganize, abolish, transfer, consolidate, or
otherwise alter or modify, the organizational or management oversight
structure; existing delegations; or functions or activities, applicable to the
Army Corps of Engineers.
SEC. 3103. Notwithstanding any other provision of law, no funds provided
in this or any other Act may be used to further reallocate Central Arizona
Project water or to prepare an Environmental Assessment, Environmental Impact
Statement, or Record of Decision providing for a reallocation of Central
Arizona Project water until further act of Congress authorizing and directing
the Secretary of the Interior to make allocations and enter into contracts for
delivery of Central Arizona Project water.
SEC. 3104. Funds appropriated in this or any other Act and hereafter may
not be used to pay on behalf of the United States or a contractor or
subcontractor of the United States for posting a bond or fulfilling any other
financial responsibility requirement relating to closure or post-closure care
and monitoring of the Waste Isolation Pilot Plant. The State of New Mexico or
any other entity may not enforce against the United States or a contractor or
subcontractor of the United States, in this or any subsequent fiscal year, a
requirement to post bond or any other financial responsibility requirement
relating to closure or post-closure care and monitoring of the Waste Isolation
Pilot Plant. Any financial responsibility requirement in a permit or license
for the Waste Isolation Pilot Plant on the date of enactment of this section
may not be enforced against the United States or its contractors or
subcontractors at the Plant.
SEC. 3105. None of the funds made available under this Act or any other
Act shall be used by the Secretary of the Interior, in this or the succeeding
fiscal year, to promulgate final rules to revise or amend 43 C.F.R. Subpart
3809, except that the Secretary may finalize amendments to that Subpart that
are limited to only the specific regulatory gaps identified at pages 7 through
9 of the National Research Council report entitled `Hardrock Mining on Federal
Lands' and that are consistent with existing statutory authorities. Nothing in
this section shall be construed to expand the existing statutory authority of
the Secretary.
SEC. 3106. No funds may be expended in fiscal year 2000 by the Federal
Communications Commission to conduct competitive bidding procedures that
involve mutually exclusive applications where one or more of the applicants in
a station, including an auxiliary radio booster or translator station or
television translator station, licensed under section 397(6) of the
Communications Act, whether broadcasting on reserved or non-reserved
spectrum.
SEC. 3107. Using previously appropriated and available funds, the
Secretary shall develop and implement a process which pays interim
compensation by June 15, 2000, to all persons and entities eligible for
compensation under section 123 of title I, section 101(e) of Public Law
105-277, as amended.
SEC. 3108. OREGON INLET, NORTH CAROLINA, FLOOD CONTROL IMPROVEMENTS. (a)
IN GENERAL-
(1) JOINT DESIGNATION- Not later than 60 days after the date of
enactment of this Act--
(A) the Secretary of the Interior and the Secretary of the Army,
acting through the Chief of Engineers, shall jointly designate tracts of
land for the jetty and sand transfer system for the Oregon Inlet on the
Coast of North Carolina, approximately 85 miles south of Cape Henry and 45
miles north of Cape Hatteras (as described on page 12 of the Report of the
House of Representatives numbered 91-1665), authorized under the River and
Harbor Act of 1970 and the Flood Control Act of 1970 (Public Law 91-611;
84 Stat. 1818); and
(B) the Secretary of the Interior shall transfer administrative
jurisdiction over the tracts of land referred to in subparagraph (A) to
the Secretary of the Army.
(2) FAILURE TO JOINTLY DESIGNATE- If the Secretary of the Interior and
the Secretary of the Army fail to jointly designate the tracts of land
referred to in paragraph (1)(A) by the date that is 60 days after the date
of enactment of this Act, the Secretary of the Army shall designate the
tracts of land pursuant to a description prepared by the Secretary of the
Army, in consultation with the Chief of Engineers, and shall provide notice
to the Secretary of the Interior of the designation. Upon receipt of the
notice, the Secretary of the Interior shall transfer administrative
jurisdiction over the tracts of land to the Secretary of the Army.
(1) LIMITS- Except as provided in paragraph (2), the quantity of acreage
in the tracts of land referred to in subsection (a) shall not exceed--
(A) with respect to the tract in the Cape Hatteras National Seashore
Recreational Area, 93 acres; and
(B) with respect to the tract in the Pea Island National Wildlife
Refuge, 33 acres.
(2) EXCEPTION- If the Secretary of the Army and the Secretary of the
Interior jointly designate the tracts of land pursuant to subsection
(a)(1)(A), the area of each tract may exceed the acreage specified for the
tract in paragraph (1).
(c) MODIFICATION OF SIZE IN EVENT OF FAILURE TO JOINTLY DESIGNATE-
Notwithstanding subsection (b)(1), if, after designating the tracts of land
pursuant to subsection (a)(2), the Secretary of the Army determines that any
tract is inadequate for the construction, operation, and maintenance of a
jetty and sand transfer system for the Oregon Inlet, the Secretary of the Army
may designate, not earlier than 60 days after providing notice of a
designation to the Secretary of the Interior under subsection (a)(2), an
additional tract of land adjacent to the inadequate tract.
SEC. 3109. Notwithstanding any other provision of law, the Indian Health
Service is authorized to improve municipal, private or tribal lands with
respect to the new construction of the clinic for the community of King Cove,
Alaska authorized under section 353 of Public Law 105-277 (112 Stat.
2681-303).
SEC. 3110. Section 306 of H.R. 3425 of the 106th Congress, as enacted into
law by section 1000(a)(5) of Public Law 106-113, is hereby repealed.
TITLE IV--FOOD AND MEDICINE FOR THE WORLD ACT
SEC. 4001. SHORT TITLE.
This title may be cited as the `Food and Medicine for the World Act'.
SEC. 4002. DEFINITIONS.
(1) AGRICULTURAL COMMODITY- The term `agricultural commodity' has the
meaning given the term in section 102 of the Agricultural Trade Act of 1978
(7 U.S.C. 5602).
(2) AGRICULTURAL PROGRAM- The term `agricultural program' means--
(A) any program administered under the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1691 et seq.);
(B) any program administered under section 416 of the Agricultural Act
of 1949 (7 U.S.C. 1431);
(C) any program administered under the Agricultural Trade Act of 1978
(7 U.S.C. 5601 et seq.);
(D) the dairy export incentive program administered under section 153
of the Food Security Act of 1985 (15 U.S.C. 713a-14);
(E) any commercial export sale of agricultural commodities;
or
(F) any export financing (including credits or credit guarantees)
provided by the United States Government for agricultural
commodities.
(3) JOINT RESOLUTION- The term `joint resolution' means--
(A) in the case of section 4003(a)(1), only a joint resolution
introduced within 10 session days of Congress after the date on which the
report of the President under section 4003(a)(1) is received by Congress,
the matter after the resolving clause of which is as follows: `That
Congress approves the report of the President pursuant to section
4003(a)(1) of the Food and Medicine for the World Act, transmitted on
XXXXXXX.', with the blank completed with the appropriate date;
and
(B) in the case of section 4006(1), only a joint resolution introduced
within 10 session days of Congress after the date on which the report of
the President under section 4006(2) is received by Congress, the matter
after the resolving clause of which is as follows: `That Congress approves
the report of the President pursuant to section 4006(1) of the Food and
Medicine for the World Act, transmitted on XXXXXXX.', with the
blank completed with the appropriate date.
(4) MEDICAL DEVICE- The term `medical device' has the meaning given the
term `device' in section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(5) MEDICINE- The term `medicine' has the meaning given the term `drug'
in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(6) UNILATERAL AGRICULTURAL SANCTION- The term `unilateral agricultural
sanction' means any prohibition, restriction, or condition on carrying out
an agricultural program with respect to a foreign country or foreign entity
that is imposed by the United States for reasons of foreign policy or
national security, except in a case in which the United States imposes the
measure pursuant to a multilateral regime and the other member countries of
that regime have agreed to impose substantially equivalent measures.
(7) UNILATERAL MEDICAL SANCTION- The term `unilateral medical sanction'
means any prohibition, restriction, or condition on exports of, or the
provision of assistance consisting of, medicine or a medical device with
respect to a foreign country or foreign entity that is imposed by the United
States for reasons of foreign policy or national security, except in a case
in which the United States imposes the measure pursuant to a multilateral
regime and the other member countries of that regime have agreed to impose
substantially equivalent measures.
SEC. 4003. RESTRICTION.
(a) NEW SANCTIONS- Except as provided in sections 4004 and 4005 and
notwithstanding any other provision of law, the President may not impose a
unilateral agricultural sanction or unilateral medical sanction against a
foreign country or foreign entity, unless--
(1) not later than 60 days before the sanction is proposed to be
imposed, the President submits a report to Congress that--
(A) describes the activity proposed to be prohibited, restricted, or
conditioned; and
(B) describes the actions by the foreign country or foreign entity
that justify the sanction; and
(2) there is enacted into law a joint resolution stating the approval of
Congress for the report submitted under paragraph (1).
(1) IN GENERAL- Except as provided in paragraph (2), the President shall
terminate any unilateral agricultural sanction or unilateral medical
sanction that is in effect as of the date of enactment of this Act.
(2) EXEMPTIONS- Paragraph (1) shall not apply to a unilateral
agricultural sanction or unilateral medical sanction imposed--
(A) with respect to any program administered under section 416 of the
Agricultural Act of 1949 (7 U.S.C. 1431);
(B) with respect to the Export Credit Guarantee Program (GSM-102) or
the Intermediate Export Credit Guarantee Program (GSM-103) established
under section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622);
or
(C) with respect to the dairy export incentive program administered
under section 153 of the Food Security Act of 1985 (15 U.S.C.
713a-14).
SEC. 4004. EXCEPTIONS.
Section 4003 shall not affect any authority or requirement to impose (or
continue to impose) a sanction referred to in section 4003--
(1) against a foreign country or foreign entity--
(A) pursuant to a declaration of war against the country or
entity;
(B) pursuant to specific statutory authorization for the use of the
Armed Forces of the United States against the country or entity;
(C) against which the Armed Forces of the United States are involved
in hostilities; or
(D) where imminent involvement by the Armed Forces of the United
States in hostilities against the country or entity is clearly indicated
by the circumstances; or
(2) to the extent that the sanction would prohibit, restrict, or
condition the provision or use of any agricultural commodity, medicine, or
medical device that is--
(A) controlled on the United States Munitions List established under
section 38 of the Arms Export Control Act (22 U.S.C. 2778);
(B) controlled on any control list established under the Export
Administration Act of 1979 or any successor statute (50 U.S.C. App. 2401
et seq.); or
(C) used to facilitate the development or production of a chemical or
biological weapon or weapon of mass destruction.
SEC. 4005. COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.
Notwithstanding section 4003 and except as provided in section 4007, the
prohibitions in effect on or after the date of the enactment of this Act under
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) on
providing, to the government of any country supporting international
terrorism, United States Government assistance, including United States
foreign assistance, United States export assistance, or any United States
credits or credit guarantees, shall remain in effect for such period as the
Secretary of State determines under such section 620A that the government of
the country has repeatedly provided support for acts of international
terrorism.
SEC. 4006. TERMINATION OF SANCTIONS.
Any unilateral agricultural sanction or unilateral medical sanction that
is imposed pursuant to the procedures described in section 4003(a) shall
terminate not later than 2 years after the date on which the sanction became
effective unless--
(1) not later than 60 days before the date of termination of the
sanction, the President submits to Congress a report containing--
(A) the recommendation of the President for the continuation of the
sanction for an additional period of not to exceed 2 years; and
(B) the request of the President for approval by Congress of the
recommendation; and
(2) there is enacted into law a joint resolution stating the approval of
Congress for the report submitted under paragraph (1).
SEC. 4007. STATE SPONSORS OF INTERNATIONAL TERRORISM.
(a) IN GENERAL- Notwithstanding any other provision of this title, the
export of agricultural commodities, medicine, or medical devices to the
government of a country that has been determined by the Secretary of State to
have repeatedly provided support for acts of international terrorism under
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) shall only
be made--
(1) pursuant to one-year licenses issued by the United States Government
for contracts entered into during the one-year period and completed with the
12-month period beginning on the date of the signing of the contract, except
that, in the case of the export of items used for food and for food
production, such one-year licenses shall otherwise be no more restrictive
than general licenses; and
(2) without benefit of Federal financing, direct export subsidies,
Federal credit guarantees, or other Federal promotion assistance
programs.
(b) QUARTERLY REPORTS- The applicable department or agency of the Federal
Government shall submit to the appropriate congressional committees on a
quarterly basis a report on any activities undertaken under subsection (a)(1)
during the preceding calendar quarter.
(c) BIENNIAL REPORTS- Not later than two years after the date of enactment
of this Act, and every two years thereafter, the applicable department or
agency of the Federal Government shall submit a report to the appropriate
congressional committees on the operation of the licensing system under this
section for the preceding two-year period, including--
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) the average amount of time elapsed from the date of filing of a
license application until the date of its approval;
(4) the extent to which the licensing procedures were effectively
implemented; and
(5) a description of comments received from interested parties about the
extent to which the licensing procedures were effective, after the
applicable department or agency holds a public 30-day comment period.
SEC. 4008. CONGRESSIONAL EXPEDITED PROCEDURES.
Consideration of a joint resolution relating to a report described in
section 4003(a)(1) or 4006(1) shall be subject to expedited procedures as
determined by the House of Representatives and as determined by the Senate.
SEC. 4009. EFFECTIVE DATE.
(a) IN GENERAL- Except as provided in subsection (b), this title takes
effect on the date of enactment of this Act.
(b) EXISTING SANCTIONS- In the case of any unilateral agricultural
sanction or unilateral medical sanction that is in effect as of the date of
enactment of this Act, this title takes effect 180 days after the date of
enactment of this Act.
This Division may be cited as the `Fiscal Year 2000 Emergency Supplemental
Appropriations Act for Natural Disasters Assistance'.
This Act may be cited as the `Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001'.
Calendar No. 540
106th CONGRESS
2d Session
S. 2536
[Report No. 106-288]
A BILL
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 2001, and for other purposes.
MAY 10, 2000
Read twice and placed on the calendar
END