--H.R.2330--
H.R.2330
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Making appropriations for Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies programs for the fiscal year ending
September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, 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, 2002, and for other
purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
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, $2,992,000:
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
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, $7,704,000.
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, $12,869,000.
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, $7,041,000.
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, $10,029,000.
COMMON COMPUTING ENVIRONMENT
For necessary expenses to acquire a Common Computing Environment for the
Natural Resources Conservation Service, the Farm and Foreign Agricultural
Service and Rural Development mission areas for information technology,
systems, and services, $59,369,000, to remain available until expended, for
the capital asset acquisition of shared information technology systems,
including services as authorized by 7 U.S.C. 6915-16 and 40 U.S.C. 1421-28:
Provided, That obligation of these funds shall be consistent with the
Department of Agriculture Service Center Modernization Plan of the
county-based agencies, and shall be with the concurrence of the Department's
Chief Information Officer.
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, $5,384,000: Provided, That the Chief
Financial Officer shall actively market and expand cross-servicing activities
of the National Finance Center.
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,
$647,000.
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 alterations and other actions needed for the
Department and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and for the
operation, maintenance, improvement, and repair of Agriculture buildings,
$187,647,000, to remain available until expended: Provided, That 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 to cover the costs of new or
replacement space for such agency, 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., $15,665,000, 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, $37,079,000, 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), $3,243,000,
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, $3,718,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture funded by this Act to
maintain personnel at the agency level: Provided further, That no
other funds appropriated to the Department by this Act shall be available to
the Department for support of activities of congressional relations.
Office of Communications
For necessary expenses to carry out 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, $8,894,000, 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
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,
$70,839,000, 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,
$32,627,000.
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, $573,000.
Economic Research Service
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, $67,200,000:
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).
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, $113,786,000, of which up to $25,350,000
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, $979,464,000: 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 2002, 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, $118,987,000, 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, $542,062,000, as
follows: to carry out the provisions of the Hatch Act (7 U.S.C. 361a-i),
$180,148,000; for grants for cooperative forestry research (16 U.S.C.
582a-a7), $21,884,000; for payments to the 1890 land-grant colleges, including
Tuskegee University (7 U.S.C. 3222), $34,604,000, of which $1,507,496 shall be
made available only for the purpose of ensuring that each institution shall
receive no less than $1,000,000; for special grants for agricultural research
(7 U.S.C. 450i(c)), $97,008,000; for special grants for agricultural research
on improved pest control (7 U.S.C. 450i(c)), $15,206,000; for competitive
research grants (7 U.S.C. 450i(b)), $120,452,000; for the support of animal
health and disease programs (7 U.S.C. 3195), $5,098,000; for supplemental and
alternative crops and products (7 U.S.C. 3319d), $924,000; 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),
$720,000, to remain available until expended; for the 1994 research program (7
U.S.C. 301 note), $998,000, to remain available until expended; for higher
education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,993,000, to
remain available until expended (7 U.S.C. 2209b); for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $4,340,000; for a higher education
multicultural scholars program (7 U.S.C. 3152(b)(5)), $998,000, to remain
available until expended (7 U.S.C. 2209b); for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241), $3,492,000; for noncompetitive
grants for the purpose of carrying out all provisions of 7 U.S.C. 3242
(section 759 of Public Law 106-78) to individual eligible institutions or
consortia of eligible institutions in Alaska and in Hawaii, with funds awarded
equally to each of the States of Alaska and Hawaii, $2,997,000; for a
secondary agriculture education program and 2-year post-secondary education (7
U.S.C. 3152(h)), $1,000,000; for aquaculture grants (7 U.S.C. 3322),
$3,996,000; for sustainable agriculture research and education (7 U.S.C.
5811), $12,500,000; 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, $9,479,000, to
remain available until expended (7 U.S.C. 2209b); for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382, $1,549,000;
and 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,
$21,676,000.
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: Provided, That this paragraph shall not apply to
research on the medical, biotechnological, food, and industrial uses of
tobacco.
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.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa,
$439,473,000, as follows: 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, $275,940,000, of
which $3,600,000 may be used to carry out Public Law 107-19; payments for
extension work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C.
343(b)(3)), $3,273,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act, $58,566,000;
payments for the pest management program under section 3(d) of the Act,
$10,759,000; payments for the farm safety program under section 3(d) of the
Act, $5,250,000; 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), $13,500,000,
to remain available until expended; payments for the rural development centers
under section 3(d) of the Act, $953,000; payments for youth-at-risk programs
under section 3(d) of the Act, $8,481,000; for youth farm safety education and
certification extension grants, to be awarded competitively under section 3(d)
of the Act, $499,000; payments for carrying out the provisions of the
Renewable Resources Extension Act of 1978, $4,093,000; payments for Indian
reservation agents under section 3(d) of the Act, $1,996,000; payments for
sustainable agriculture programs under section 3(d) of the Act, $4,750,000;
payments for rural health and safety education as authorized by section 2390
of Public Law 101-624 (7 U.S.C. 2661 note, 2662), $2,622,000; 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,
$31,181,000, of which $1,724,884 shall be made available only for the purpose
of ensuring that each institution shall receive no less than $1,000,000; 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, $17,610,000:
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, as authorized under
section 406 of the Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7626), $42,853,000, as follows: payments for the water
quality program, $12,971,000; payments for the food safety program,
$14,967,000; payments for the national agriculture pesticide impact assessment
program, $4,531,000; payments for the Food Quality Protection Act risk
mitigation program for major food crop systems, $4,889,000; payments for the
crops affected by Food Quality Protection Act implementation, $1,497,000;
payments for the methyl bromide transition program, $2,498,000; and payments
for the organic transition program, $1,500,000.
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; $654,000.
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 Acts of March 2, 1931 (46 Stat. 1468) and
December 22, 1987 (101 Stat. 1329-1331) (7 U.S.C. 426-426c); and to protect
the environment, as authorized by law, $620,490,000, of which $4,096,000 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; of which $77,355,000 shall be used for the boll
weevil eradication program for cost share purposes or for debt retirement for
active eradication zones: 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 law (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 2002, 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 2002,
$84,813,000 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, $7,189,000, to remain available until
expended.
Agricultural Marketing Service
MARKETING SERVICES
For necessary expenses to carry out 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, $71,430,000,
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.
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 $60,596,000 (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
Committees 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 $13,995,000 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)), $1,347,000.
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, $33,117,000: 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 SERVICES EXPENSES
Not to exceed $42,463,000 (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
Committees 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, $476,000.
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, including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $715,642,000, of which no less than $608,730,000 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 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, $606,000.
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,
$939,030,000: 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), $3,493,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments to dairy
farmers and manufacturers of dairy products under a dairy indemnity program,
$100,000, to remain available until expended: Provided, That such
program is carried out by the Secretary in the same manner as the dairy
indemnity program described in the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-12).
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,
$1,146,996,000, of which $1,000,000,000 shall be for guaranteed loans and
$146,996,000 shall be for direct loans; operating loans, $2,616,729,000, of
which $1,500,000,000 shall be for unsubsidized guaranteed loans, $505,531,000
shall be for subsidized guaranteed loans and $611,198,000 shall be for direct
loans; Indian tribe land acquisition loans as authorized by 25 U.S.C. 488,
$2,000,000; 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, $8,366,000, of which $4,500,000 shall
be for guaranteed loans; operating loans, $175,780,000, of which $52,650,000
shall be for unsubsidized guaranteed loans and $68,550,000 shall be for
subsidized guaranteed loans; Indian tribe land acquisition loans as authorized
by 25 U.S.C. 488, $118,400; and for emergency insured loans, $3,362,500 to
meet the needs resulting from natural disasters.
In addition, for administrative expenses necessary to carry out the direct
and guaranteed loan programs, $280,595,000, of which $272,595,000 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: Provided, That the
Committees on Appropriations of both Houses of Congress are notified at least
15 days in advance of any transfer.
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), $74,752,000:
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 2002, 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
(LIMITATION ON EXPENSES)
For fiscal year 2002, 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, $730,000.
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,
$779,000,000, to remain available until expended (7 U.S.C. 2209b), of which
not less than $8,515,000 is for snow survey and water forecasting, and not
less than $9,849,000 is for operation and establishment of the plant materials
centers, and of which not less than $21,500,000 shall be for the grazing lands
conservation initiative: 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),
$10,960,000: 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, $106,590,000,
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 not to exceed $45,514,000 of this appropriation shall
be available for technical assistance: 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 $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.
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of structural measures,
in accordance with section 14 of the Watershed Protection and Flood Prevention
Act approved August 4, 1954 (16 U.S.C. 1001 et seq.), as amended by section
313 of Public Law 106-472, November 9, 2000 (16 U.S.C. 1012), and in
accordance with the provisions of laws relating to the activities of the
Department, $10,000,000, to remain available until expended.
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), $48,048,000, 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, $6,811,000, 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,
$623,000.
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,
$806,557,000, to remain available until expended, of which $83,545,000 shall
be for rural community programs described in section 381E(d)(1) of such Act;
of which $646,512,000 shall be for the rural utilities programs described in
sections 381E(d)(2), 306C(a)(2), and 306D of such Act; and of which
$76,500,000 shall be for the rural business and cooperative development
programs described in sections 381E(d)(3) and 310B(f) 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 water and waste disposal
systems pursuant to section 306C of such Act, of which $4,000,000 shall be
available for community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of the Consolidated Farm and Rural Development Act, and of
which $250,000 shall be available for a grant to a qualified national
organization to provide technical assistance for rural transportation in order
to promote economic development: 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,
low-income rural communities, and Federally Recognized Native American Tribes
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, nonprofit and public
intermediary organizations proposing to carry out a program of financial and
technical assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources, including
Federal funds for related activities, 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
border, including grants pursuant to section 306C of such Act; not to exceed
$24,000,000 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 1 percent
available to administer the program and up to 1 percent available to improve
interagency coordination may be transferred to and merged with the
appropriation for `Rural Development, Salaries and Expenses'; not to exceed
$17,465,000, shall be for technical assistance grants for rural water and
waste systems pursuant to section 306(a)(14) of such Act, of which $5,250,000
shall be for Rural Community Assistance Programs; and not to exceed
$11,000,000 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 $37,624,000 shall be available through June 30, 2002, for authorized
empowerment zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones; of which
$1,163,000 shall be for the rural community programs described in section
381E(d)(1) of such Act, of which $27,431,000 shall be for the rural utilities
programs described in section 381E(d)(2) of such Act, and of which $9,030,000
shall be for the rural business and cooperative development programs described
in section 381E(d)(3) of such Act: Provided further, That of the
amount appropriated for rural community programs, not to exceed $25,000,000
shall be to provide grants for facilities in rural communities with extreme
unemployment and severe economic depression (Public Law 106-387), with 5
percent for administration and capacity building in the State rural
development offices: Provided further, That of the amount
appropriated $30,000,000 shall be to provide grants in rural communities with
extremely high energy costs: Provided further, That any prior year
balances for high cost energy grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and
merged with the `Rural Utilities Service, High Energy Costs Grants' account:
Provided further, That of the funds appropriated by this Act to the
Rural Community Advancement Program for guaranteed business and industry
loans, funds may be transferred to direct business and industry loans as
deemed necessary by the Secretary and with prior approval of the Committees on
Appropriations of both Houses of Congress.
RURAL DEVELOPMENT SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area, including
activities with institutions concerning the development and operation of
agricultural cooperatives; and for cooperative agreements; $133,722,000:
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 appropriation.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER 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: $4,217,816,000 for
loans to section 502 borrowers, as determined by the Secretary, of which
$1,079,848,000 shall be for direct loans, and of which $3,137,968,000 shall be
for unsubsidized guaranteed loans; $32,324,000 for section 504 housing repair
loans; $114,068,000 for section 515 rental housing; $99,770,000 for section
538 guaranteed multi-family housing loans; $5,090,000 for section 524 site
loans; $11,778,000 for credit sales of acquired property, of which up to
$1,778,000 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, $182,274,000 of which $142,108,000 shall
be for direct loans, and of which $40,166,000 shall be for unsubsidized
guaranteed loans; section 504 housing repair loans, $10,386,000; section 515
rental housing, $48,274,000; section 538 multi-family housing guaranteed
loans, $3,921,000; section 524 site loans, $28,000; multi-family credit sales
of acquired property, $750,000; and section 523 self-help housing land
development loans, $254,000: Provided, That of the total amount
appropriated in this paragraph, $11,656,000 shall be available through June
30, 2002, 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, $422,241,000, which shall be transferred to and
merged with the appropriation for `Rural Development, Salaries and
Expenses'.
Of the amounts made available under this heading in chapter 1 of title II
of Public Law 106-246 (114 Stat. 540) for gross obligations for principal
amount of direct loans authorized by title V of the Housing Act of 1949 for
section 515 rental housing, the Secretary of Agriculture may use up to
$5,986,197 for rental assistance agreements described in the item relating to
`Rental Assistance Program' in such chapter: Provided, That such
amount is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Control Act of 1985,
as amended.
In making available for occupancy dwelling units in housing that is
provided with funds made available under the heading referred to in the
preceding paragraph, the Secretary of Agriculture may give preference to
prospective tenants who are residing in temporary housing provided by the
Federal Emergency Management Agency as a result of an emergency.
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, $701,004,000; 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 2002 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), $35,000,000, 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, 2002, 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, $38,914,000, to remain available until
expended: Provided, That of the total amount appropriated, $1,200,000
shall be available through June 30, 2002, 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, $31,431,000, 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 TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), $38,171,000.
For the cost of direct loans, $16,494,000, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 shall be for
Federally Recognized Native American Tribes and of which $3,449,000 shall be
for 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 of the total amount appropriated,
$2,730,000 shall be available through June 30, 2002, 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, $3,733,000 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, $14,966,000.
For the cost of direct loans, including the cost of modifying loans as
defined in section 502 of the Congressional Budget Act of 1974, $3,616,000.
Of the funds derived from interest on the cushion of credit payments in
fiscal year 2002, as authorized by section 313 of the Rural Electrification
Act of 1936, $3,616,000 shall not be obligated and $3,616,000 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),
$7,750,000, of which $2,500,000 shall be available for cooperative agreements
for the appropriate technology transfer for rural areas program:
Provided, That not to exceed $1,497,000 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 and whose governing board and/or membership is comprised of at least
75 percent minority.
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
For grants in connection with a second round of empowerment zones and
enterprise communities, $14,967,000, to remain available until expended, for
designated rural empowerment zones and rural enterprise communities, as
authorized by the Taxpayer Relief Act of 1997 and the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277).
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER 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, $121,107,000; municipal rate rural electric
loans, $500,000,000; loans made pursuant to section 306 of that Act, rural
electric, $2,700,000,000; Treasury rate direct electric loans, $750,000,000; 5
percent rural telecommunications loans, $74,827,000; cost of money rural
telecommunications loans, $300,000,000; and loans made pursuant to section 306
of that Act, rural telecommunications loans, $120,000,000.
For the cost, as defined in section 502 of the Congressional Budget Act of
1974, including the cost of modifying loans, of direct and guaranteed loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as
follows: cost of rural electric loans, $3,689,000, and the cost of
telecommunication loans, $2,036,000: 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, $36,000,000, which shall be transferred to and
merged with the appropriation for `Rural Development, Salaries and
Expenses'.
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFER 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 2002 and within the resources and authority available, gross
obligations for the principal amount of direct loans shall be $174,615,000.
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), $3,737,000.
In addition, for administrative expenses, including audits, necessary to
carry out the loan programs, $3,082,000, which shall be transferred to and
merged with the appropriation for `Rural Development, Salaries and
Expenses'.
DISTANCE LEARNING AND TELEMEDICINE PROGRAM
For the principal amount of direct distance learning and telemedicine
loans, $300,000,000; and for the principal amount of broadband
telecommunication loans, $80,000,000.
For the cost of direct loans and grants, as authorized by 7 U.S.C. 950aaa
et seq., $49,441,000, to remain available until expended, to be available for
loans and grants for telemedicine and distance learning services in rural
areas: Provided, That $22,500,000 may be available for the
continuation of a pilot project for a loan and grant program to finance
broadband transmission and local dial-up Internet service in areas that meet
the definition of `rural area' used for the Distance Learning and Telemedicine
Program authorized by 7 U.S.C. 950aaa: Provided further, That the
cost of direct loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For gross obligations for the principal amount of guaranteed loans, as
authorized by title X of Public Law 106-553 for the purpose of facilitating
access to signals of local television stations for households located in
nonserved areas and underserved areas, $258,065,000.
For the cost of guaranteed loans, including the cost of modifying loans as
defined in section 502 of the Congressional Budget Act of 1974,
$20,000,000.
In addition, for administrative expenses necessary to carry out the
guaranteed loan program, $2,000,000, which shall be transferred to and merged
with the appropriation for `Rural Development, Salaries and Expenses'.
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, $587,000.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFER 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; $10,087,246,000, to
remain available through September 30, 2003, of which $4,914,788,000 is hereby
appropriated and $5,172,458,000 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 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, $500,000 shall be for a School
Breakfast Program startup grant pilot program for the State of Wisconsin:
Provided further, That up to $4,507,000 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), $4,348,000,000, to remain available through September 30, 2003:
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 $10,000,000 for the
farmers' market nutrition program within 45 days of the enactment of this Act,
and up to an additional $15,000,000 for the farmers' market nutrition program
upon a determination by the Secretary that funds are available to meet
caseload requirements: Provided further, That notwithstanding section
17(h)(10)(A) of such Act, $10,000,000 shall be available for the purposes
specified in section 17(h)(10)(B), and up to an additional $4,000,000 shall be
available for the purposes specified in section 17(h)(10)(B) upon a
determination by the Secretary that funds are available to meet caseload
requirements: 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.), $22,991,986,000, of which $2,000,000,000 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 of the funds made available
under this heading and not already appropriated to the Food Distribution
Program on Indian Reservations (FDPIR) established under section 4(b) of the
Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed $3,000,000 shall be
used to purchase bison meat for the FDPIR from producer-owned cooperative
organizations: Provided further, 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 of
funds that may be reserved by the Secretary for allocation to State agencies
under section 16(h)(1) of such Act to carry out Employment and Training
programs, not more than $145,000,000 made available in previous years may be
obligated in fiscal year 2002: 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: Provided further, That funds provided under this heading may be
used to procure food coupons necessary for program operations in this or
subsequent fiscal years until electronic benefit transfer implementation is
complete.
COMMODITY ASSISTANCE PROGRAM
(INCLUDING RESCISSION)
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, $152,813,000, to remain available through September 30, 2003:
Provided, That none of these funds shall be available to reimburse
the Commodity Credit Corporation for commodities donated to the program:
Provided further, That of the total amount available, the Secretary
shall provide $10,000,000 for senior farmers' market activities: Provided
further, That notwithstanding section 5(a)(2) of the Agriculture and
Consumer Protection Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note),
$20,820,000 of this amount shall be available for administrative expenses of
the commodity supplemental food program: Provided further, That
$3,300,000 of unobligated balances available at the beginning of fiscal year
2002 are hereby rescinded.
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; and section 311 of the Older Americans Act of 1965, $150,749,000,
to remain available through September 30, 2003.
FOOD PROGRAM ADMINISTRATION
For necessary administrative expenses of the domestic food programs funded
under this Act, $127,546,000, 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 $6,500,000 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), $121,813,000: 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:
Provided further, That none of the funds appropriated in this account
may be used to pay the salaries and expenses of personnel to disburse funds to
any rice trade association under the market access program or the foreign
market development program at any time when the applicable international
activity agreement for such program is not in effect.
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, $126,409,000, 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, $2,005,000, of
which $1,033,000 may be transferred to and merged with the appropriation for
`Foreign Agricultural Service, Salaries and Expenses', and of which $972,000
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 ocean freight differential costs for the shipment of agricultural
commodities under title I of the Agricultural Trade Development and Assistance
Act of 1954 and under the Food for Progress Act of 1985, $20,277,000, to
remain available until expended: Provided, That funds made available
for the cost of agreements under title I of the Agricultural Trade Development
and Assistance Act of 1954 and for title I ocean freight differential may be
used interchangeably between the two accounts with prior notice to the
Committees on Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLE II 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, $850,000,000, 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, $4,014,000; 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 $3,224,000 may be transferred to and merged with
the appropriation for `Foreign Agricultural Service, Salaries and Expenses',
and of which $790,000 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; $1,345,386,000, of which not to exceed
$161,716,000 to be derived from prescription drug user fees authorized by 21
U.S.C. 379(h), including any such fees assessed prior to the current fiscal
year but credited during the current year, in accordance with section
736(g)(4), shall be credited to this appropriation and remain available until
expended: Provided, That fees derived from applications received
during fiscal year 2002 shall be subject to the fiscal year 2002 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)
$312,049,000 shall be for the Center for Food Safety and Applied Nutrition and
related field activities in the Office of Regulatory Affairs; (2) $352,647,000
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
$13,207,000 shall be available for grants and contracts awarded under section
5 of the Orphan Drug Act (21 U.S.C. 360ee); (3) $155,875,000 shall be for the
Center for Biologics Evaluation and Research and for related field activities
in the Office of Regulatory Affairs; (4) $82,967,000 shall be for the Center
for Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $179,521,000 shall be for the Center for Devices and
Radiological Health and for related field activities in the Office of
Regulatory Affairs; (6) $37,082,000 shall be for the National Center for
Toxicological Research; (7) $29,798,000 shall be for Rent and Related
activities, other than the amounts paid to the General Services
Administration, of which $4,000,000 for costs related to occupancy of new
facilities at White Oak, Maryland, shall remain available until September 30,
2003; (8) $105,116,000 shall be for payments to the General Services
Administration for rent and related costs; and (9) $90,331,000 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 Committees 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, $34,281,000, 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, $70,700,000, including not to exceed
$2,000 for official reception and representation expenses.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $36,700,000 (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 2002
under this Act shall be available for the purchase, in addition to those
specifically provided for, of not to exceed 379 passenger motor vehicles, of
which 378 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 Secretary of Agriculture may transfer unobligated balances
of funds appropriated by this Act or other available unobligated balances of
the Department of Agriculture to the Working Capital Fund for the acquisition
of plant and capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit to the
agencies of the Department of Agriculture: Provided, That none of the
funds made available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency administrator:
Provided further, That none of the funds transferred to the Working
Capital Fund pursuant to this section shall be available for obligation
without the prior approval of the Committees on Appropriations of both Houses
of Congress.
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, emerging plant pests, integrated systems
acquisition project, boll weevil program, up to 25 percent of the screwworm
program, and up to $2,000,000 for costs associated with collocating 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)), funds for
the Research, Education and Economics Information System (REEIS), 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).
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 2002 shall remain
available until expended to cover obligations made in fiscal year 2002 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 Local Television Loan Guarantee
program; 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; the 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. 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. 715. 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.
SEC. 716. 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. 717. 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. 718. 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. 719. 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 Committees on Appropriations of both Houses of Congress.
SEC. 720. (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 2002, 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 Committees 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 2002, 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 Committees on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture shall notify the Committees on
Appropriations of both Houses of Congress before implementing a program or
activity not carried out during the previous fiscal year unless the program or
activity is funded by this Act or specifically funded by any other Act.
SEC. 721. With the exception of funds needed to administer and conduct
oversight of grants awarded and obligations incurred prior to enactment of
this Act, none of the funds appropriated or otherwise made available by this
or any other Act may be used to pay the salaries and expenses of personnel to
carry out section 793 of Public Law 104-127, the Fund for Rural America (7
U.S.C. 2204f).
SEC. 722. With the exception of funds needed to administer and conduct
oversight of grants awarded and obligations incurred prior to enactment of
this Act, none of the funds appropriated or otherwise made available by this
or any other Act may be used to pay the salaries and expenses of personnel to
carry out the provisions of section 401 of Public Law 105-185, the Initiative
for Future Agriculture and Food Systems (7 U.S.C. 7621).
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 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. 724. 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. 725. 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, Food and Drug
Administration, 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 user fees proposals are not enacted prior to the date of the
convening of a committee of conference for the fiscal year 2003 appropriations
Act.
SEC. 726. 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. 727. 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 more 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.
SEC. 728. In addition to amounts otherwise appropriated or made available
by this Act, $2,496,000 is appropriated for the purpose of providing Bill
Emerson and Mickey Leland Hunger Fellowships through the Congressional Hunger
Center.
SEC. 729. Hereafter, refunds or rebates received on an on-going basis from
a credit card services provider under the Department of Agriculture's charge
card programs may be deposited to and retained without fiscal year limitation
in the Department's Working Capital Fund established under 7 U.S.C. 2235 and
used to fund management initiatives of general benefit to the Department of
Agriculture bureaus and offices as determined by the Secretary of Agriculture
or the Secretary's designee.
SEC. 730. Notwithstanding section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f) any balances available
to carry out title III of such Act as of the date of enactment of this Act,
and any recoveries and reimbursements that become available to carry out title
III of such Act, may be used to carry out title II of such Act.
SEC. 731. Section 375(e)(6)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking `$25,000,000'
and inserting `$26,000,000'.
SEC. 732. None of the funds appropriated or made available by this Act
shall be used to issue a proposed rule for which the comment period would
close prior to September 30, 2002, final, or interim final rule pursuant to
notice and comment rulemaking in relation to any change or modification of the
definition of `animal' in existing regulations pursuant to the Animal Welfare
Act.
SEC. 733. Notwithstanding any other provision of law, the City of Cabot,
Arkansas, the City of Berlin, New Hampshire, and the City of Coachella,
California, shall be eligible for loans and grants provided through the Rural
Community Advancement Program.
SEC. 734. Notwithstanding any other provision of law, the Secretary shall
consider the City of Casa Grande, Arizona, as meeting the requirements of a
rural area in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
SEC. 735. Of the funds made available under section 27(a) of the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up to
$5,000,000 for administrative costs associated with the distribution of
commodities.
SEC. 736. Notwithstanding any other provision of law, the Secretary may
transfer up to $13,000,000 in funds provided for the Environmental Quality
Incentives Program authorized by chapter 4, subtitle D, title XII of the Food
Security Act of 1985, for technical assistance to implement the Conservation
Reserve Program authorized by subchapter B, chapter 1, title XII of the Food
Security Act of 1985, with funds to remain available until expended.
SEC. 737. Notwithstanding any other provision of law, the City of St.
Joseph, Missouri, shall be eligible for grants and loans administered by the
rural development mission area of the Department of Agriculture relating to an
application submitted to the Department by a farmer-owned cooperative, a
majority of whose members reside in a rural area, as determined by the
Secretary, and for the purchase and operation of a facility beneficial to the
purpose of the cooperative.
SEC. 738. Notwithstanding any other provision of law, the Secretary of
Agriculture shall consider the City of Hollister, California, as meeting the
requirements of a rural area for the purposes of housing programs in the rural
development mission areas of the Department of Agriculture.
SEC. 739. None of the funds appropriated or otherwise made available by
this Act may be used to maintain, modify, or implement any assessment against
agricultural producers as part of a commodity promotion, research, and
consumer information order, known as a check-off program, that has not been
approved by the affected producers in accordance with the statutory
requirements applicable to the order.
SEC. 740. 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
(recently renamed the Division of Pharmaceutical Analysis) in St. Louis,
Missouri, except that funds could be used to plan a possible relocation of
this Division within the city limits of St. Louis, Missouri.
SEC. 741. MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS (a) ASSISTANCE
AVAILABLE- The Secretary of Agriculture shall use $75,000,000 of funds of the
Commodity Credit Corporation to make payments as soon as possible after the
date of the enactment of this Act to apple producers to provide relief for the
loss of markets for their 2000 crop.
(b) PAYMENT BASIS- The amount of the payment to a producer under
subsection (a) shall be made on a per pound basis equal to each qualifying
producer's 2000 production of apples, except that the Secretary shall not make
payments for that amount of a particular farm's apple production that is in
excess of 20,000,000 pounds.
(c) DUPLICATIVE PAYMENTS- A producer shall be ineligible for payments
under this section with respect to a market loss for apples to the extent of
that amount that the producer received as compensation or assistance for the
same loss under any other Federal program, other than under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
(d) OTHER TERMS AND CONDITIONS- The Secretary shall not establish any
terms or conditions for producer eligibility, such as limits based upon gross
income, other than those specified in this section.
(e) APPLICABILITY- This section applies only with respect to the 2000 crop
of apples and producers of that crop.
SEC. 742. No funds appropriated or otherwise made available under this Act
shall be made available to any person or entity that has been convicted of
violating the Act of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the
`Buy American Act').
SEC. 743. Section 17(a)(2)(B) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended by striking `2001' and
inserting `2002'.
SEC. 744. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance in the amount of $150,000 to the Mallard Pointe project in Madison
County, Mississippi.
SEC. 745. Notwithstanding any other provision of law, the Secretary of
Agriculture shall, in cooperation with the State of Illinois, develop and
implement a pilot project utilizing conservation programs of the Department of
Agriculture for soil, water, wetlands, and wildlife habitat enhancement in the
Illinois River Basin: Provided, That no funds shall be made available
to carry out this section unless they are expressly provided for a program in
this Act or any other Act for obligation in fiscal year 2002: Provided
further, That any conservation reserve program enrollments made pursuant
to this section shall be subject to section 734 of this Act.
SEC. 746. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide $250,000 for a wetlands
restoration and water conservation project in the vicinity of Jamestown, Rhode
Island.
SEC. 747. Notwithstanding any other provision of law, $3,000,000 shall be
made available from funds under the rural business and cooperative development
programs of the Rural Community Advancement Program for a grant for an
integrated ethanol plant, feedlot, and animal waste digestion unit, to the
extent matching funds from the Department of Energy are provided if a
commitment for such matching funds is made prior to July 1, 2002:
Provided, That such funds shall be released to the project after the
farmer-owned cooperative equity is in place, and a formally executed
commitment from a qualified lender based upon receipt of necessary permits,
contract, and other appropriate documentation has been secured by the
project.
SEC. 748. Hereafter, notwithstanding any other provision of law, the
Administrator of the Rural Utilities Service shall use the authorities
provided in the Rural Electrification Act of 1936 to finance the acquisition
of existing generation, transmission and distribution systems and facilities
serving high cost, predominantly rural areas by entities capable of and
dedicated to providing or improving service in such areas in an efficient and
cost effective manner.
SEC. 749. Notwithstanding subsection (f) of section 156 of the
Agricultural Market Transition Act (7 U.S.C. 7272(f)), any assessment imposed
under that subsection for marketings of raw cane sugar or beet sugar for the
2002 fiscal year shall not be required to be remitted to the Commodity Credit
Corporation before September 2, 2002.
SEC. 750. Notwithstanding any other provision of law, the Secretary of
Agriculture, acting through the Natural Resources Conservation Service, shall
provide financial assistance from available funds from the Emergency Watershed
Protection Program in Arkansas, in an amount not to exceed $400,000 for
completion of the current construction phase of the Kuhn Bayou (Point Remove)
Project.
SEC. 751. (a) TEMPORARY USE OF EXISTING PAYMENTS TO STATES TABLE-
Notwithstanding section 101(a)(1) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note), for
the purpose of making the fiscal year 2001 payments under section 102 of such
Act to eligible States and eligible counties, the full payment amount for each
eligible State and eligible county shall be deemed to be equal to the full
payment amount calculated for that eligible State or eligible county in the
Forest Service document entitled `P.L. 106-393, Secure Rural Schools and
Community Self-Determination Act' and dated July 31, 2001, subject to the
adjustment required by section 101(b) of such Act.
(b) REVISION OF TABLE- For the purpose of making payments under section
102 of such Act to eligible States and eligible counties for fiscal years 2002
through 2006, as required by section 101(a)(1) of such Act, the Secretary of
Agriculture shall revise the table referred to in subsection (a) to accurately
reflect, to the maximum extent practicable, each eligible State's and eligible
county's historic share of the 25-percent payments and safety net payments
made for the fiscal years of the eligibility period.
(c) REPORTING REQUIREMENT- Not later than March 1, 2002, the Secretary of
Agriculture shall submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Agriculture of the House of Representatives a
report containing the revisions made to the table referred to in subsection
(a), as required by subsection (b).
(d) ADDITIONAL ELIGIBLE COUNTY ELECTION- Notwithstanding section 102(b)(2)
of such Act, if the revision pursuant to subsection (b) of the table referred
to in subsection (a) results in a reduced full payment amount for an eligible
county that elected under section 102(b) of such Act to receive the full
payment amount, the eligible county shall have a 90-day period, beginning on
the date the revised table is first available to the public, during which to
reconsider and change its election. The eligible county shall notify the
Secretary of Agriculture of any change in its election before the end of such
period. If an eligible county elects under this subsection to receive the
25-percent payment in place of the full payment amount, the election shall be
effective for 1 year.
(e) TREATMENT OF CERTAIN MINERAL LEASING RECEIPTS- (1) An eligible county
that elects under section 102(b) of such Act to receive its share of an
eligible State's full payment amount shall continue to receive its share of
any payments made to that State from a lease for mineral resources issued by
the Secretary of the Interior under the last paragraph under the heading
`FOREST SERVICE.' in the Act of March 4, 1917 (Chapter 179; 16 U.S.C. 520).
(2) Section 6(b) of the Mineral Leasing Act for Acquired Lands (30 U.S.C.
355(b)) is amended by inserting after the first sentence the following new
sentence: `The preceding sentence shall also apply to any payment to a State
derived from a lease for mineral resources issued by the Secretary of the
Interior under the last paragraph under the heading `FOREST SERVICE.' in the
Act of March 4, 1917 (Chapter 179; 16 U.S.C. 520).'.
(f) DEFINITIONS- In this section, the terms `eligible State', `eligible
county', `eligibility period', `full payment amount', `25-percent payment',
and `safety net payments' have the meanings given such terms in section 3 of
such Act, and the term `such Act' means the Secure Rural Schools and Community
Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note).
SEC. 752. ALASKA PERMANENT FUND. Section 501(b) of the Housing Act of 1949
(42 U.S.C. 1471) is amended in paragraph (5)--
(1) by striking `(5)' and inserting `(5)(A)'; and
(2) by adding at the end the following:
`(B) For purposes of this title, for fiscal years 2002 and 2003, the
term `income' does not include dividends received from the Alaska Permanent
Fund by a person who was under the age of 18 years when that person
qualified for the dividend.'.
SEC. 753. Hereafter, any provision of any Act of Congress relating to
colleges and universities eligible to receive funds under the Act of August
30, 1890, including Tuskegee University, shall apply to West Virginia State
College at Institute, West Virginia: Provided, That the Secretary may
waive the matching funds' requirement under section 1449 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d) for fiscal year 2002 for West Virginia State College if the Secretary
determines the State of West Virginia will be unlikely to satisfy the matching
requirement.
SEC. 754. Notwithstanding any other provision of law, the Secretary,
acting through the Natural Resources Conservation Service, shall provide
financial and technical assistance relating to the Tanana River bordering the
Big Delta State Historical Park.
SEC. 755. None of the funds appropriated or otherwise made available by
this Act to the Food and Drug Administration shall be used to allow admission
of fish or fish products labeled wholly or in part as `catfish' unless the
products are taxonomically from the family Ictaluridae.
SEC. 756. The Secretary of Agriculture is authorized to accept any unused
funds transferred to the Alaska Railroad Corporation for avalanche control and
retransfer up to $499,000 of such funds as a direct lump sum payment to the
City of Valdez to construct an avalanche control wall to protect a public
school.
SEC. 757. The Secretary of Agriculture may use not more than $5,000,000 of
funds of the Commodity Credit Corporation to pay claims of crop damage, upon
consultation with the Secretary of the Interior, that resulted from the Bureau
of Land Management's use of herbicides during the 2001 calendar year in the
State of Idaho: Provided, That if the amount provided in this section
is not sufficient to pay all approved claims the Secretary of Agriculture
shall reduce all approved claims on a pro rata basis related to the degree of
loss in production: Provided further, That nothing in this section
shall be construed to constitute an admission of liability by the United
States arising from the use by the Bureau of Land Management of the herbicide
Oust: Provided further, That the issuance of regulations promulgated
pursuant to this section shall be made without regard to: (1) the notice and
comment provisions of section 553 of title 5, United States Code; (2) the
Statement of Policy of the Secretary of Agriculture effective July 24, 1971
(36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public
participation in rulemaking; and (3) chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act'): Provided
further, That in carrying out this section, the Secretary shall use the
authority provided under section 808 of title 5, United States Code.
SEC. 758. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE IN
CONSERVATION RESERVE. (a) IN GENERAL- Section 1231(h)(4)(B) of the Food
Security Act of 1985 (16 U.S.C. 3831(h)(4)(B)) is amended by inserting `(which
may include emerging vegetation in water)' after `vegetative cover'.
(b) CONFORMING AMENDMENT- Section 1232(a)(4) of the Food Security Act of
1985 (16 U.S.C. 3832(a)(4)) is amended by inserting `(which may include
emerging vegetation in water)' after `vegetative cover'.
SEC. 759. SPECIALITY CROPS. (a) GRADING OF TOBACCO-
(1) IN GENERAL- Not later than March 31, 2002, the Secretary of
Agriculture (referred to in this section as the `Secretary') shall conduct
referenda among producers of each kind of tobacco that is eligible for price
support under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to
determine whether such producers favor the mandatory grading of that kind of
tobacco by the Secretary.
(A) IN GENERAL- If the Secretary determines that mandatory grading is
favored by a majority of the producers of a kind of tobacco voting in the
referendum, the Secretary is authorized and directed to ensure that the
kind of tobacco is graded at the time of sale effective for the 2002 and
subsequent marketing years.
(B) FEES- To the maximum extent practicable, the Secretary shall
establish, collect, and use fees for the grading of tobacco required under
this subsection in the same manner as user fees for the grading of tobacco
sold at auction authorized under the Tobacco Inspection Act (7 U.S.C. 511
et seq.).
(3) JUDICIAL REVIEW- A determination by the Secretary under this
subsection shall not be subject to judicial review.
(b) QUOTA REDUCTION FOR CONSERVATION RESERVE ACREAGE-
(1) IN GENERAL- Section 1236 of the Food Security Act of 1985 (16 U.S.C.
3836) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b), (c), and (d) as subsections (a),
(b), and (c), respectively;
(C) in subsection (b) (as so redesignated), by striking `subsection
(b)' and inserting `subsection (a)'; and
(D) in subsection (c) (as so redesignated), by striking `subsection
(c)' and inserting `subsection (b)'.
(2) CONFORMING AMENDMENT- Section 1232(a)(5) of the Food Security Act of
1985 (16 U.S.C. 3832(a)(5)) is amended by striking `section 1236(d)' and
inserting `section 1236(c)'.
(3) APPLICATION- The amendments made by this subsection shall apply
beginning with the 2002 crop.
(1) DEFINITION OF HORSE BREEDER- In this subsection, the term `horse
breeder' means a person that, as of the date of enactment of this Act,
derives more than 70 percent of the income of the person from the business
of breeding, boarding, raising, training, or selling horses, during the
shorter of--
(A) the 5-year period ending on January 1, 2001; or
(B) the period the person has been engaged in such business.
(2) LOAN AUTHORIZATION- The Secretary shall make loans to eligible horse
breeders to assist the horse breeders for losses suffered as a result of
mare reproductive loss syndrome.
(3) ELIGIBILITY- A horse breeder shall be eligible for a loan under this
subsection if the Secretary determines that, as a result of mare
reproductive loss syndrome--
(A) during the period beginning January 1 and ending October 1 of any
of calendar years 2000, 2001, or 2002--
(i) 30 percent or more of the mares owned by the horse breeder
failed to conceive, miscarried, aborted, or otherwise failed to produce
a live healthy foal; or
(ii) 30 percent or more of the mares boarded on a farm owned,
operated, or leased by the horse breeder failed to conceive, miscarried,
aborted, or otherwise failed to produce a live healthy foal;
(B) the horse breeder is unable to meet the financial obligations, or
pay the ordinary and necessary expenses, of the horse breeder incurred in
connection with breeding, boarding, raising, training, or selling horses;
and
(C) the horse breeder is not able to obtain sufficient credit
elsewhere, in accordance with subtitle C of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961 et seq.).
(A) IN GENERAL- Subject to subparagraph (B), the amount of a loan made
to a horse breeder under this subsection shall be determined by the
Secretary on the basis of the amount of losses suffered by the horse
breeder, and the financial needs of the horse breeder, as a result of mare
reproductive loss syndrome.
(B) MAXIMUM AMOUNT- The amount of a loan made to a horse breeder under
this subsection shall not exceed the maximum amount of an emergency loan
under section 324(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1964(a)).
(A) IN GENERAL- Subject to subparagraph (B), the term for repayment of
a loan made to a horse breeder under this subsection shall be determined
by the Secretary based on the ability of the horse breeder to repay the
loan.
(B) MAXIMUM TERM- The term of a loan made to a horse breeder under
this subsection shall not exceed 20 years.
(6) INTEREST RATE- The interest rate for a loan made to a horse breeder
under this subsection shall be the interest rate for emergency loans
prescribed under section 324(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(b)(1)).
(7) SECURITY- A loan to a horse breeder under this subsection shall be
made on the security required for emergency loans under section 324(d) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1964(d)).
(8) APPLICATION- To be eligible to obtain a loan under this subsection,
a horse breeder shall submit an application for the loan to the Secretary
not later than September 30, 2002.
(9) FUNDING- The Secretary shall carry out this subsection using funds
made available to make emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et seq.).
(10) TERMINATION- The authority provided by this subsection to make a
loan terminates effective September 30, 2003.
SEC. 760. During fiscal year 2002, subsection (a)(2) of section 508 of the
Federal Crop Insurance Act (7 U.S.C. 1508) shall be applied as though the term
`and potatoes' read as follows: `, potatoes, and sweet potatoes'.
SEC. 761. CITRUS CANKER ERADICATION. (a) IN GENERAL- Section 810 of the
Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (114 Stat. 1549A-52) is amended--
(1) in subsection (a) by striking `The' and inserting `Subject to
subsection (e), the'; and
(2) in subsection (c), by striking `2001' and inserting `2002'.
(b) EFFECTIVE DATE- The amendments in subsection (a) shall take effect as
if enacted on September 30, 2001.
SEC. 762. Section 306(a)(20) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(20)) is amended by adding at the end the
following new subparagraph:
`(E) RURAL BROADBAND- Notwithstanding subparagraph (C), the Secretary
may make grants to state agencies for use by regulatory commissions in
states with rural communities without local dial-up Internet access or
broadband service to establish a competitively, technologically neutral
grant program to telecommunications carriers or cable operators that
establish common carrier facilities and services which, in the
commission's determination, will result in the long-term availability to
such communities of affordable broadband services which are used for the
provision of high speed Internet access.'.
SEC. 763. In accordance with the Farmland Protection Program, a total of
$720,000 shall be made available to purchase conservation easements or other
interests in land, not to exceed 235 acres, in Adair, Green, and Taylor
Counties, Kentucky: Provided, That $490,000 of this amount shall be
from funds made available to the Conservation Reserve Enhancement Program for
the State of Kentucky.
SEC. 764. Notwithstanding any other provision of law, the City of
Caldwell, Idaho, shall be eligible for grants and loans administered by the
Rural Housing Service of the United States Department of Agriculture for a
period not to exceed 1 year from the date of enactment of this Act.
SEC. 765. Section 8c(1) of the Agricultural Marketing Agreement Act of
1937 is amended by adding the following provision at the end of the
penultimate sentence:
`The Secretary is authorized to implement a producer allotment program
and a handler withholding program under the cranberry marketing order in the
same crop year through informal rulemaking based on a recommendation and
supporting economic analysis submitted by the Cranberry Marketing Committee.
Such recommendation and analysis shall be submitted by the Committee no
later than March 1 of each year.'.
SEC. 766. Section 11(f) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(f)) is amended by--
(1) in paragraph (1)(E), by striking `2001' and inserting `2003';
and
(A) by striking subparagraph (A) and inserting the following:
`(A) IN GENERAL- The Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate--
`(i) not later than January 1, 2003, an interim report on the
activities of the State agencies receiving grants under this subsection;
and
`(ii) not later than January 1, 2004, a final report on the
activities of the State agencies receiving grants under this
subsection.'; and
(B) in subparagraph (B), by striking `report' and inserting
`reports'.
SEC. 767. Notwithstanding any other provision of law, the City of Mt.
Vernon, Washington, shall be eligible for grants and loans administered by the
Rural Housing Service of the United States Department of Agriculture for a
period not to exceed 1 year from the date of enactment of this Act.
SEC. 768. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to DuPage County, Illinois, from funds available for the Watershed
and Flood Prevention Operations program, not to exceed $1,400,000.
SEC. 769. Notwithstanding any other provision of law, from funds
previously appropriated for Watershed and Flood Prevention Operations of the
Natural Resource and Conservation Service, the Secretary of Agriculture shall
provide technical and financial assistance, but not to exceed $1,000,000, in
connection with a lake level stabilization project carried out as part of
local efforts to restore and repair watersheds damaged by the 2001 tornado and
storms in Burnett and Washburn Counties, Wisconsin: Provided, That
the Secretary shall waive the cost share requirement of the local sponsors of
such efforts in Burnett and Washburn Counties, Wisconsin.
SEC. 770. Nowithstanding any other provision of law, from the funds
appropriated to the Rural Utilities Service by this Act, any current Rural
Utilities Service borrower within 100 miles of New York City shall be eligible
for additional financing, refinancing, collateral flexibility, and deferrals
on an expedited basis without regard to population limitations for any
financially feasible telecommunications, energy or water project that assists
endeavors related to the rehabilitation, prevention, relocation, site
preparation, or relief efforts resulting from the terrorist events of
September 11, 2001.
SEC. 771. Section 17(r)(5) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking `six' and inserting `seven';
(2) by striking `four' and inserting `five'; and
(3) by inserting `Illinois,' after the first instance of `States shall
be'.
SEC. 772. (a) EXTENSION- Section 141 of the Agricultural Market Transition
Act (7 U.S.C. 7251) is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
`(5) During the period beginning on January 1, 2002, and ending on May
31, 2002, $9.90.'; and
(2) in subsection (h), by striking `December 31, 2001' both places it
appears and inserting `May 31, 2002'.
(b) CONFORMING AMENDMENT- Section 142 of the Agricultural Market
Transition Act (7 U.S.C. 7252) is repealed.
SEC. 773. The Secretary shall transfer to the Southern Minnesota Beet
Sugar Co-op, refined sugar, acquired by the Commodity Credit Corporation, in
the amount of 10,000 tons to compensate sugar producers in Minnesota for
losses incurred beyond those that may be compensated under existing programs
administered by the Secretary: Provided, That this amount of sugar
shall be provided in installments starting on the day that is 30 days after
the date of enactment of this Act and on the first day of each of the
following 7 months after that day.
SEC. 774. (a) DEFINITIONS- In this section:
(1) The term `eligible person' means a person that--
(A) owns a farm for which, irrespective of temporary transfers or
undermarketings, a basic quota or allotment for eligible tobacco is
established for the 2001 crop year under part I of subtitle B of title III
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et
seq.);
(B) controls the farm from which, under the quota or allotment for the
relevant period, eligible tobacco is marketed, could have been marketed,
or can be marketed, taking into account temporary transfers; or
(C) grows, could have grown, or can grow eligible tobacco that is
marketed, could have been marketed, or can be marketed under the quota or
allotment for the 2001 crop year, taking into account temporary
transfers.
(2) The term `eligible tobacco' means each of the following kinds of
tobacco:
(A) Fire-cured tobacco, comprising types 22 and 23.
(B) Dark air-cured tobacco, comprising types 35 and 36.
(C) Virginia sun-cured tobacco, comprising type 37.
(b) PAYMENTS- Not later than March 31, 2002, the Secretary of Agriculture
(referred to in this section as the `Secretary') shall use funds of the
Commodity Credit Corporation to make payments under this section.
(c) POUNDAGE PAYMENT QUANTITIES- For the purposes of this section, in the
case of each kind of eligible tobacco, individual tobacco quotas and
allotments shall be converted to poundage payment quantities by
multiplying--
(1) the number of acres that may, irrespective of temporary transfers or
undermarketings, be devoted, without penalty, to the production of the kind
of tobacco under the allotment under part I of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) for the 2001
crop year; by
(2)(A) in the case of fire-cured tobacco (types 22 and 23), 2,601 pounds
per acre;
(B) in the case of dark air-cured tobacco (types 35 and 36), 2,337
pounds per acre; and
(C) in the case of Virginia sun-cured tobacco (type 37), 1,512 pounds
per acre.
(d) AVAILABLE PAYMENT AMOUNTS- In the case of each kind of eligible
tobacco, the available payment amount for pounds of a payment quantity under
subsection (c) shall be equal to 10 cents per pound.
(e) DIVISION OF PAYMENTS AMONG ELIGIBLE PERSONS- Payments available with
respect to a pound of payment quantity, as determined under subsection (d),
shall be made available to eligible persons in accordance with this
subsection. In the case of payments made available in a State under this
section for each kind of eligible tobacco, the Secretary shall distribute (as
determined by the Secretary)--
(1) 33 1/3 percent of the payments to eligible persons that are owners
described in subsection (a)(1)(A);
(2) 33 1/3 percent of the payments to eligible persons that are
controllers described in subsection (a)(1)(B); and
(3) 33 1/3 percent of the payments to eligible persons that are growers
described in subsection (a)(1)(C).
(f) STANDARDS- In carrying out this section, the Secretary shall use, to
the maximum extent practicable, the same standards for payments that were used
for making payments under section 204(b) of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1421 note; Public Law 106-224).
(g) JUDICIAL REVIEW- A determination by the Secretary under this section
shall not be subject to judicial review.
(h) REGULATIONS- As soon as practicable after the date of enactment of
this Act, the Secretary and the Commodity Credit Corporation, as appropriate,
shall promulgate such regulations as are necessary to implement this section.
The promulgation of the regulations and administration of this section shall
be made without regard to--
(1) the notice and comment provisions of section 553 of title 5, United
States Code;
(2) the Statement of Policy of the Secretary of Agriculture effective
July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed
rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly known as the
`Paperwork Reduction Act').
(i) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING- In carrying out subsection
(h), the Secretary shall use the authority provided under section 808 of title
5, United States Code.
SEC. 775. The Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450i) is amended:
(1) in subsection (b)(3) by adding at the end the following:
`(G) Grants may be awarded to improve research capabilities in States
(as defined in the National Agricultural Research, Extension, and Teaching
Policy Act of 1977, as amended) in which institutions have been less
successful in receiving funding under this subsection, based on a
three-year rolling average of funding levels.'; and
(2) in subsections (b)(10)(C) by striking `and (F) of paragraph (3) for
awarding grants in' and inserting `, (F), and (G) of paragraph (3)
for'.
SEC. 776. None of the funds made available in this Act may be used to pay
the salaries of personnel of the Department of Agriculture who carry out the
programs authorized by section 524(a) of the Federal Crop Insurance Act (7
U.S.C. 1524) in excess of a total of $4,000,000 for all such programs for
fiscal year 2002.
SEC. 777. Section 501 of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1737) is amended--
(1) in the section heading, by inserting `john ogonowski' before
`farmer-to-farmer program'; and
(2) by adding at the end the following new subsection:
`(d) DESIGNATION OF PROGRAM- The program of farmer-to-farmer assistance
authorized by this section shall be known and designated as the `John
Ogonowski Farmer-to-Farmer Program'.'.
This Act may be cited as the `Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2002'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END