[106th Congress Public Law 387]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ387.106]
[[Page 114 STAT. 1549]]
Public Law 106-387
106th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 2001, and for other purposes. <<NOTE: Oct. 28,
2000 - [H.R. 4461]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. <<NOTE: Incorporation by reference.>> (a) The provisions
of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000,
are hereby enacted into law.
(b) <<NOTE: Publication. 1 USC 112 note.>> In publishing this Act
in slip form and in the United States Statutes at Large pursuant to
section 112 of title 1, United States Code, the Archivist of the United
States shall include after the date of approval at the end an appendix
setting forth the text of the bill referred to in subsection (a) of this
section.
Approved October 28, 2000.
LEGISLATIVE HISTORY--H.R. 4461:
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HOUSE REPORTS: No. 106-619 (Comm. on Appropriations) and No. 106-948
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 146 (2000):
June 29, July 10, 11, considered and passed House.
July 18-20, considered and passed Senate, amended.
Oct. 11, House agreed to conference report.
Oct. 13, 18, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 28, Presidential statement.
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__________
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ENDNOTE: The following appendix was added pursuant to the provisions
of section 1 of this Act.
<all>
[[Page 114 STAT. 1549A-1]]
APPENDIX--H.R. 5426
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 for the fiscal year
ending September 30, 2001, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,914,000: 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, $7,462,000.
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not
[[Page 114 STAT. 1549A-2]]
to exceed $25,000 is for employment under 5 U.S.C. 3109, $12,421,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $6,765,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $10,000 is for employment under 5 U.S.C. 3109, $10,051,000.
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, $40,000,000, 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, $5,171,000: Provided,
That the Chief Financial Officer shall actively market 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, $629,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for the operation,
maintenance, improvement, and repair of
[[Page 114 STAT. 1549A-3]]
Agriculture buildings, $182,747,000, to remain available until expended:
Provided, That in the event an agency within the Department should
require modification of space needs, the Secretary of Agriculture may
transfer a share of that agency's appropriation made available by this
Act to this appropriation, or may transfer a share of this appropriation
to that agency's appropriation, but such transfers shall not exceed 5
percent of the funds made available for space rental and related costs
to or from this account.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9601 et seq., and the Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq., $15,700,000, to remain available
until expended: Provided, That appropriations and funds available herein
to the Department for Hazardous Materials Management may be transferred
to any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $36,010,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration and disaster management of the
Department, repairs and alterations, and other miscellaneous supplies
and expenses not otherwise provided for and necessary for the practical
and efficient work of the Department, including employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $10,000 is for employment under 5
U.S.C. 3109: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
outreach for socially disadvantaged farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,568,000: Provided, That these
funds may be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel
[[Page 114 STAT. 1549A-4]]
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, $8,623,000,
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, $68,867,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including not to exceed $50,000 for employment under 5 U.S.C.
3109; and including not to exceed $125,000 for certain confidential
operational expenses, including the payment of informants, to be
expended under the direction of the Inspector General pursuant to Public
Law 95-452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$31,080,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$556,000.
Economic Research Service
(including transfer of funds)
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$67,038,000: Provided, That $1,000,000 shall be transferred to and
merged with the appropriation for ``Food and Nutrition Service, Food
Program Administration'' for studies and evaluations: Provided further,
That this appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225).
[[Page 114 STAT. 1549A-5]]
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
marketing surveys, and the Census of Agriculture, as authorized by 7
U.S.C. 1621-1627, Public Law 105-113, and other laws, $100,772,000, of
which up to $15,000,000 shall be available until expended for the Census
of Agriculture: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be
available for employment under 5 U.S.C. 3109.
Agricultural Research Service
salaries and expenses
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $898,812,000: 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,
[[Page 114 STAT. 1549A-6]]
organization, or individual for the purpose of establishing or operating
any research facility or research project of the Agricultural Research
Service, as authorized by law.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
In fiscal year 2001, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account, and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $74,200,000, 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,
$506,193,000, as follows: to carry out the provisions of the Hatch Act
(7 U.S.C. 361a-i), $180,545,000; for grants for cooperative forestry
research (16 U.S.C. 582a-a7), $21,932,000; for payments to the 1890
land-grant colleges, including Tuskegee University (7 U.S.C. 3222),
$32,676,000, of which $1,000,000 shall be made available to West
Virginia State College Institute, West Virginia; for special grants for
agricultural research (7 U.S.C. 450i(c)), $85,669,000; for special
grants for agricultural research on improved pest control (7 U.S.C.
450i(c)), $13,721,000; for competitive research grants (7 U.S.C.
450i(b)), $106,000,000; for the support of animal health and disease
programs (7 U.S.C. 3195), $5,109,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $800,000; 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), $640,000, to remain available until expended; for the 1994
research program (7 U.S.C. 301 note), $1,000,000, to remain available
until expended; for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), $3,000,000, to remain available until expended (7
U.S.C. 2209b); for higher education challenge grants (7 U.S.C.
3152(b)(1)), $4,350,000; for a higher education multicultural scholars
program (7 U.S.C. 3152(b)(5)), $1,000,000, to remain available until
expended (7 U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $3,500,000; for a program of
noncompetitive grants, to be awarded on an equal basis, to
[[Page 114 STAT. 1549A-7]]
Alaska Native-serving and Native Hawaiian-serving Institutions to carry
out higher education programs (7 U.S.C. 3242), $3,000,000; for a
secondary agriculture education program and 2-year post-secondary
education (7 U.S.C. 3152(h)), $800,000; for aquaculture grants (7 U.S.C.
3322), $4,000,000; for sustainable agriculture research and education (7
U.S.C. 5811), $9,250,000; 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, $9,500,000, 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, $1,552,000; 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, $18,149,000.
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: Provided, That
hereafter, any distribution of the adjusted income from the Native
American Institutions Endowment Fund is authorized to be used for
facility renovation, repair, construction, and maintenance, in addition
to other authorized purposes.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa,
$433,429,000, 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, $276,548,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,280,000;
payments for the nutrition and family education program for low-income
areas under section 3(d) of the Act, $58,695,000; payments for the pest
management program under section 3(d) of the Act, $10,783,000; payments
for the farm safety program under section 3(d) of the Act, $4,000,000;
payments to upgrade research, extension, and teaching facilities at the
1890 land-grant colleges, including Tuskegee University, as authorized
by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $12,200,000, to
remain available until expended; payments for the rural development
centers under section 3(d) of the Act, $908,000; payments for youth-at-
risk programs under section 3(d) of the Act, $8,500,000; for youth farm
safety education and certification extension grants, to be awarded
competitively under section 3(d) of the Act, $500,000; payments for
carrying out the provisions of the Renewable Resources Extension Act of
1978, $3,192,000; payments for Indian reservation agents under
[[Page 114 STAT. 1549A-8]]
section 3(d) of the Act, $2,000,000; payments for sustainable
agriculture programs under section 3(d) of the Act, $3,800,000; payments
for rural health and safety education as authorized by section 2390 of
Public Law 101-624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments for
cooperative extension work by the colleges receiving the benefits of the
second Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University,
$28,243,000, of which $1,000,000 shall be made available to West
Virginia State College in Institute, West Virginia; and for Federal
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and
to coordinate and provide program leadership for the extension work of
the Department and the several States and insular possessions,
$18,152,000: 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), $41,941,000, as
follows: payments for the water quality program, $13,000,000; payments
for the food safety program, $15,000,000; payments for the national
agriculture pesticide impact assessment program, $4,541,000; payments
for the Food Quality Protection Act risk mitigation program for major
food crop systems, $4,900,000; payments for the crops affected by Food
Quality Protection Act implementation, $1,500,000; payments for the
methyl bromide transition program, $2,500,000; and payments for the
organic transition program, $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; $635,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under
[[Page 114 STAT. 1549A-9]]
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, $530,564,000, of which $4,105,000 shall be available
for the control of outbreaks of insects, plant diseases, animal diseases
and for control of pest animals and birds to the extent necessary to
meet emergency conditions; of which $59,400,000 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: Provided
further, That not to exceed $1,000,000 of the funds available under this
heading for wildlife services methods development may be used by the
Secretary of Agriculture to conduct pilot projects in up to four States
representative of wildlife predation of livestock in connection with
farming operations for direct assistance in the application of non-
lethal predation control methods: Provided further, That the General
Accounting Office shall report to the Committees on Appropriations by
November 30, 2001, on the Department's compliance with this provision
and on the effectiveness of the non-lethal measures.
In fiscal year 2001, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
2001, $85,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
[[Page 114 STAT. 1549A-10]]
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $9,870,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses to carry 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, $65,335,000, including funds for the wholesale market development
program for the design and development of wholesale and farmer market
facilities for the major metropolitan areas of the country: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building:
Provided further, That, only after promulgation of a final rule on a
National Organic Standards Program, $639,000 of this amount shall be
available for the Expenses and Refunds, Inspection and Grading of Farm
Products fund account for the cost of the National Organic Standards
Program and such funds shall remain available until expended.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,730,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the 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 $13,438,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
[[Page 114 STAT. 1549A-11]]
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)),
$1,350,000.
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, $31,420,000: 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 $42,557,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional supervision
and oversight, or other uncontrollable factors occur, this limitation
may be exceeded by up to 10 percent with notification to the 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, $460,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, 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), $696,704,000, of which no
less than $591,258,000 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 not more than
$2,500,000 of this appropriation may be used to implement section 752 of
title VII of this Act: Provided further, That this appropriation shall
be available for field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $75,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings
[[Page 114 STAT. 1549A-12]]
and improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building: Provided further, That from amounts appropriated under
this heading not needed for Federal food inspection, up to $6,000,000
may be used to liquidate obligations incurred in previous years, to the
extent approved by the Director of the Office of Management and Budget
based on documentation provided by the Secretary of Agriculture.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $589,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$828,385,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That these funds shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$1,000,000 shall be available for employment under 5 U.S.C. 3109.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987 (7 U.S.C. 5101-5106), $3,000,000.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government, and
in making indemnity payments for milk, or cows producing such milk, at a
fair market value to any dairy farmer who is directed to remove his milk
from commercial markets because of: (1) the presence of products of
nuclear radiation or fallout if such contamination is not due to the
fault of the farmer; or (2) residues of chemicals or toxic substances
not included under the first sentence of the Act of August 13, 1968 (7
U.S.C. 450j), if such chemicals or toxic substances were
[[Page 114 STAT. 1549A-13]]
not used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer, $450,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That none of the funds contained in
this Act shall be used to make indemnity payments to any farmer whose
milk was removed from commercial markets as a result of the farmer's
willful failure to follow procedures prescribed by the Federal
Government: Provided further, That this amount shall be transferred to
the Commodity Credit Corporation: Provided further, That the Secretary
is authorized to utilize the services, facilities, and authorities of
the Commodity Credit Corporation for the purpose of making dairy
indemnity disbursements.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $998,000,000, of which $870,000,000 shall be for
guaranteed loans; operating loans, $1,972,741,000, of which
$1,077,839,000 shall be for unsubsidized guaranteed loans and
$369,902,000 shall be for subsidized guaranteed loans; Indian tribe land
acquisition loans as authorized by 25 U.S.C. 488, $2,006,000; 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, $18,223,000, of which
$4,437,000 shall be for guaranteed loans; operating loans, $92,310,000,
of which $14,770,000 shall be for unsubsidized guaranteed loans and
$30,185,000 shall be for subsidized guaranteed loans; Indian tribe land
acquisition loans as authorized by 25 U.S.C. 488, $323,000; and for
emergency insured loans, $6,133,000 to meet the needs resulting from
natural disasters.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $269,454,000, of which $265,315,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs with the prior
approval of the Committees on Appropriations of both Houses of Congress.
Risk Management Agency
For administrative and operating expenses, as authorized by the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933),
$65,597,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
[[Page 114 STAT. 1549A-14]]
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act, such sums as may be necessary, to remain available until
expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
reimbursement for net realized losses
For fiscal year 2001, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed, pursuant to section 2 of the Act of August 17,
1961 (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 2001, the Commodity Credit Corporation shall not
expend more than $5,000,000 for site investigation and cleanup expenses,
and operations and maintenance expenses to comply with the requirement
of section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and section 6001 of
the Resource Conservation and Recovery Act (42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $711,000: Provided, That none of the funds
appropriated or otherwise made available by this Act or any other Act
shall be available to the Office of the Under Secretary for Natural
Resources and Environment for the supervision, management, or direction
of the Forest Service or the Natural Resources Conservation Service
until January 20, 2001: Provided further, That the Chiefs of the Forest
Service and the Natural Resources Conservation Service shall report
directly to the Secretary of Agriculture until January 20, 2001.
[[Page 114 STAT. 1549A-15]]
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f ), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$714,116,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,990,000 is for snow survey and water forecasting
and not less than $9,125,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for construction and improvement
of buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That not to exceed $2,000,000 of this amount shall be available for the
Urban Resources Partnership program, of which $1,000,000 shall be
available only after promulgation of a final rule on this program:
Provided further, That not to exceed $204,000 of this amount shall be
available for American Heritage Rivers: 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), $10,868,000: Provided, That not to exceed $136,000 shall be
available for American Heritage Rivers: 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 $110,000 shall be available for employment under 5
U.S.C. 3109.
[[Page 114 STAT. 1549A-16]]
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005
and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C.
590a-f ), and in accordance with the provisions of laws relating to the
activities of the Department, $99,443,000, to remain available until
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act approved June
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to
exceed $44,423,000 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:
Provided further, That of the funds available for Emergency Watershed
Protection activities, $8,000,000 shall be available for Ohio, New
Mexico, Mississippi, and Wisconsin for financial and technical
assistance for pilot rehabilitation projects of small, upstream dams
built under the Watershed and Flood Prevention Act of 1954, Public Law
83-566 (16 U.S.C. 1001 et seq.); section 13 of the Flood Control Act of
1944, Public Law 78-534 (33 U.S.C. 701b-1); the pilot watershed program
authorized under the heading ``FLOOD PREVENTION'' of the Department of
Agriculture Appropriations Act, 1954, Public Law 83-156 (67 Stat. 214);
and subtitle H of title XV of the Agriculture and Food Act of 1981 (16
U.S.C. 3451 et seq.): Provided further, That the amount of Federal funds
that may be made available to an eligible local organization for
construction of a particular rehabilitation project shall be equal to 65
percent of the total rehabilitation costs, but not to exceed 100 percent
of actual construction costs incurred in the rehabilitation: Provided
further, That consistent with existing statute, rehabilitation
assistance provided may not be used to perform operation and maintenance
activities specified in the agreement for the covered water resource
projects entered into between the Secretary and the eligible local
organization responsible for the works of improvement.
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), $42,015,000, 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
[[Page 114 STAT. 1549A-17]]
1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for
employment under 5 U.S.C. 3109.
forestry incentives program
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $605,000.
rural community advancement program
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, $762,542,000, to remain available until expended, of
which $53,225,000 shall be for rural community programs described in
section 381E(d)(1) of such Act; of which $644,360,000 shall be for the
rural utilities programs described in sections 381E(d)(2), 306C(a)(2),
and 306D of such Act; and of which $64,957,000 shall be for the rural
business and cooperative development programs described in section
381E(d)(3) of such Act: Provided, That of the total amount appropriated
in this account, $24,000,000 shall be for loans and grants to benefit
Federally Recognized Native American Tribes, including grants for
drinking and waste disposal systems pursuant to section 306C of such
Act, 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 serving low-income rural
communities, including Federally Recognized Indian 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
intermediary organizations (including tribal) proposing to carry out a
program of financial and technical assistance to other public entities
with a record of achievement in providing technical and financial
assistance to housing and community development organizations in rural
areas: Provided further, That such intermediary organizations shall
provide matching
[[Page 114 STAT. 1549A-18]]
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 rural community programs, not to
exceed $5,000,000 shall be for hazardous weather early warning systems:
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; $5,000,000 shall be for rural partnership
technical assistance grants; and $2,000,000 shall be for grants to
Mississippi Delta Region counties: Provided further, That of the amount
appropriated for rural utilities programs, not to exceed $20,000,000
shall be for water and waste disposal systems to benefit the Colonias
along the United States/Mexico borders, including grants pursuant to
section 306C of such Act; not to exceed $20,000,000 shall be for water
and waste disposal systems for rural and native villages in Alaska
pursuant to section 306D of such Act, with up to 1 percent available to
administer the program and up to 1 percent available to improve
interagency coordination; not to exceed $16,215,000 shall be for
technical assistance grants for rural waste systems pursuant to section
306(a)(14) of such Act; and not to exceed $9,500,000 shall be for
contracting with qualified national organizations for a circuit rider
program to provide technical assistance for rural water systems:
Provided further, That of the total amount appropriated, not to exceed
$42,574,650 shall be available through June 30, 2001, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones; of which $34,704,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act; and of which $8,435,000
shall be for the rural business and cooperative development programs
described in section 381E(d)(3) of such Act.
rural development salaries and expenses
(including transfers of funds)
For necessary expenses of administering Rural Development programs
as authorized by the Rural Electrification Act of 1936; the Consolidated
Farm and Rural Development Act; title V of the Housing Act of 1949;
section 1323 of the Food Security Act of 1985; the Cooperative Marketing
Act of 1926 for activities related to marketing aspects of cooperatives,
including economic research findings, authorized by the Agricultural
Marketing Act of 1946; for activities with institutions concerning the
development and operation of agricultural cooperatives; and for
cooperative agreements; $130,371,000: Provided, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $1,000,000 may be used for employment under 5 U.S.C. 3109:
Provided further, That not more than $10,000 may be expended to provide
modest nonmonetary awards to non-USDA employees: Provided further, That
any balances available from prior years for the Rural Utilities Service,
Rural Housing Service, and the Rural Business-Cooperative Service
salaries and expenses accounts shall be transferred to and merged with
this account.
[[Page 114 STAT. 1549A-19]]
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:
$4,800,000,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $3,700,000,000 shall be for unsubsidized guaranteed
loans; $32,396,000 for section 504 housing repair loans; $100,000,000
for section 538 guaranteed multi-family housing loans; $114,321,000 for
section 515 rental housing; $5,152,000 for section 524 site loans;
$11,780,000 for credit sales of acquired property, of which up to
$1,780,000 may be for multi-family credit sales; and $5,000,000 for
section 523 self-help housing land development loans: Provided, That of
the total amount made available for loans to section 502 borrowers, up
to $5,400,000 shall be available until expended for use under a
demonstration program to be carried out by the Secretary of Agriculture
in North Carolina to determine the timeliness, quality, suitability,
efficiency, and cost of utilizing modular housing to house low-income
and very low-income elderly families who: (1) have lost their housing
because of a major disaster (as so declared by the President pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance Act);
and (2)(A) do not have homeowner's insurance; or (B) can not repay a
direct loan that is provided under section 502 of the Housing Act of
1949 with the maximum subsidy allowed for such loans: Provided further,
That of the amounts made available for such demonstration program,
$5,000,000 shall be for grants and $400,000 shall be for the cost (as
defined in section 502 of the Congressional Budget Act of 1974) of
loans, for such families to acquire modular housing.
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, $184,160,000 of which
$7,400,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $11,481,000; section 538 multi-family housing
guaranteed loans, $1,520,000; section 515 rental housing, $56,326,000;
multi-family credit sales of acquired property, $874,000; and section
523 self-help housing land development loans, $279,000: Provided, That
of the total amount appropriated in this paragraph, $13,832,000 shall be
available through June 30, 2001, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $409,233,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing
[[Page 114 STAT. 1549A-20]]
Act of 1949, $680,000,000; and, in addition, such sums as may be
necessary, as authorized by section 521(c) of the Act, to liquidate debt
incurred prior to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That of this
amount, not more than $5,900,000 shall be available for debt forgiveness
or payments for eligible households as authorized by section
502(c)(5)(D) of the Act, and not to exceed $10,000 per project for
advances to nonprofit organizations or public agencies to cover direct
costs (other than purchase price) incurred in purchasing projects
pursuant to section 502(c)(5)(C) of the Act: Provided further, That
agreements entered into or renewed during fiscal year 2001 shall be
funded for a 5-year period, although the life of any such agreement may
be extended to fully utilize amounts obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be available through June 30, 2001, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
rural housing assistance grants
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$44,000,000, to remain available until expended: Provided, That of the
total amount appropriated, $5,000,000 shall be for a housing
demonstration program for agriculture, aquaculture, and seafood
processor workers: Provided further, That of the total amount
appropriated, $1,200,000 shall be available through June 30, 2001, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $30,000,000, 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 cost of direct loans, $19,476,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $2,036,000
shall be for federally recognized Native American tribes and of which
$4,072,000 shall be for 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
[[Page 114 STAT. 1549A-21]]
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans of $38,256,000: Provided
further, That of the total amount appropriated, $3,216,000 shall be
available through June 30, 2001, for the cost of direct loans for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $3,640,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$15,000,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,911,000, which shall be administered in accordance with the
regulations utilized in fiscal year 2000.
Of the funds derived from interest on the cushion of credit payments
in fiscal year 2001, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,911,000 shall not be obligated and
$3,911,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $6,500,000, of which $2,000,000 shall be available for
cooperative agreements for the appropriate technology transfer for rural
areas program: Provided, That not to exceed $1,500,000 of the total
amount appropriated shall be made available to cooperatives or
associations of cooperatives whose primary focus is to provide
assistance to small, minority producers and whose governing board and/or
membership is comprised of at least 75 percent minority.
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, $121,500,000; 5 percent rural
telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $295,000,000; and loans made pursuant to section 306 of that Act,
rural electric, $1,700,000,000 and rural telecommunications,
$120,000,000; and $500,000,000 for Treasury rate direct electric loans.
[[Page 114 STAT. 1549A-22]]
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936), as follows: cost of direct loans, $19,871,000; and
cost of municipal rate loans, $20,503,000: Provided, That
notwithstanding section 305(d)(2) of the Rural Electrification Act of
1936, borrower interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $34,716,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rural telephone bank program account
(including 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 2001 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $175,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$2,590,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,000,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning and telemedicine program
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $27,000,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas, and of which $2,000,000 may be available for a
pilot program to finance broadband transmission and local dial-up
Internet service in areas that meet the definition of ``rural area''
used for the Distance Learning and Telemedicine Program authorized by 7
U.S.C. 950aaa: Provided, That the cost of direct loans shall be as
defined in section 502 of the Congressional Budget Act of 1974.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$570,000.
[[Page 114 STAT. 1549A-23]]
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$9,541,539,000, to remain available through September 30, 2002, of which
$4,413,960,000 is hereby appropriated and $5,127,579,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That except as specifically
provided under this heading, none of the funds made available under this
heading shall be used for studies and evaluations: Provided further,
That of the funds made available under this heading, up to $6,000,000
shall be for school breakfast pilot projects, including the evaluation
required under section 18(e) of the National School Lunch Act: Provided
further, That of the funds made available under this heading, $500,000
shall be for a School Breakfast Program startup grant pilot program for
the State of Wisconsin: Provided further, That school food authorities
in Ohio participating in a domestic food assistance program administered
by the Secretary and preparing meals for use by other schools and
institutions also participating in a domestic food assistance program,
shall, with regard to such meals, not be subject to additional
requirements under section 301(c) of the Federal Meat Inspection Act or
section 5(c) of the Poultry Products Inspection Act: Provided further,
That up to $4,511,000 shall be available for independent verification of
school food service claims.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $4,052,000,000, to remain available through
September 30, 2002: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That of the total amount available, the Secretary shall
obligate $10,000,000 for the farmers' market nutrition program within 45
days of the enactment of this Act, and an additional $10,000,000 for the
farmers' market nutrition program from any funds not needed to maintain
current caseload levels: Provided further, That notwithstanding section
17(h)(10)(A) of such Act, up to $14,000,000 shall be available for the
purposes specified in section 17(h)(10)(B), no less than $6,000,000 of
which shall be used for the development of electronic benefit transfer
systems: Provided further, That none of the funds in this Act shall be
available to pay administrative expenses of WIC clinics except those
that have an announced policy of prohibiting smoking within the space
used to carry out the program: Provided further, That none of the funds
provided in this account shall be available for the purchase of infant
formula except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully
[[Page 114 STAT. 1549A-24]]
reimbursed by other Federal Government departments or agencies unless
authorized by section 17 of such Act: Provided further, That funds made
available under this heading shall be made available for sites
participating in the special supplemental nutrition program for women,
infants, and children to determine whether a child eligible to
participate in the program has received a blood lead screening test,
using a test that is appropriate for age and risk factors, upon the
enrollment of the child in the program.
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $20,114,293,000, of which $100,000,000 shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That 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 for the FDPIR:
Provided further, That the Secretary shall purchase such bison from
Native American producers and Cooperative Oganizations without
competition: 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 not more
than $194,000,000 may be reserved by the Secretary, notwithstanding
section 16(h)(1)(A)(vi) of the Food Stamp Act of 1977 (7 U.S.C.
2025(h)(1)(A)(vi)), for allocation to State agencies under section
16(h)(1) of such Act to carry out Employment and Training programs:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food
Assistance Act of 1983, $140,300,000, to remain available through
September 30, 2002: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program: 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), $20,781,000 of this amount shall be
available for administrative expenses of the commodity supplemental food
program.
food donations programs
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973; special assistance for the nuclear
affected islands as authorized by section 103(h)(2) of the Compacts of
Free Association Act of 1985, as amended;
[[Page 114 STAT. 1549A-25]]
and section 311 of the Older Americans Act of 1965, $151,081,000, to
remain available through September 30, 2002.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $116,807,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp benefit delivery, and
assisting in the prevention, identification, and prosecution of fraud
and other violations of law and of which not less than $4,500,000 shall
be available to improve integrity in the Food Stamp and Child Nutrition
programs: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be
available for employment under 5 U.S.C. 3109.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $115,424,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
public law 480 title i program account
(including transfers of funds)
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of agreements under the Agricultural Trade Development and
Assistance Act of 1954, and the Food for Progress Act of 1985, including
the cost of modifying credit arrangements under said Acts, $114,186,000,
to remain available until expended.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $1,850,000, of which $1,035,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural
[[Page 114 STAT. 1549A-26]]
Service, Salaries and Expenses'', and of which $815,000 may be
transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
public law 480 title i ocean freight differential grants
(including transfers of funds)
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, $20,322,000, to remain available until expended, for ocean freight
differential costs for the shipment of agricultural commodities under
title I of said Act: Provided, That funds made available for the cost of
title I agreements and for title I ocean freight differential may be
used interchangeably between the two accounts with prior notice to the
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, $837,000,000, to remain available until expended, for commodities
supplied in connection with dispositions abroad under title II of said
Act.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $3,820,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $3,231,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $589,000 may
be transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized
[[Page 114 STAT. 1549A-27]]
and approved by the Secretary and to be accounted for solely on the
Secretary's certificate, not to exceed $25,000; $1,217,797,000, of which
not to exceed $149,273,000 in prescription drug user fees authorized by
21 U.S.C. 379(h) may be credited to this appropriation and remain
available until expended: Provided, That fees derived from applications
received during fiscal year 2001 shall be subject to the fiscal year
2001 limitation: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $285,269,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $317,547,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs, of which no less than $12,534,000 shall be available
for grants and contracts awarded under section 5 of the Orphan Drug Act
(21 U.S.C. 360ee); (3) $140,489,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $64,069,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $165,207,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $35,568,000 shall be for the
National Center for Toxicological Research; (7) $25,855,000 shall be for
Rent and Related activities, other than the amounts paid to the General
Services Administration; (8) $104,954,000 shall be for payments to the
General Services Administration for rent and related costs; and (9)
$78,839,000 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, $31,350,000, to
remain available until expended (7 U.S.C. 2209b).
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and
[[Page 114 STAT. 1549A-28]]
elsewhere; and not to exceed $25,000 for employment under 5 U.S.C. 3109,
$68,000,000, including not to exceed $1,000 for official reception and
representation expenses.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $36,800,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for fiscal
year 2001 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 389
passenger motor vehicles, of which 385 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Not less than $1,500,000 of the appropriations of the
Department of Agriculture in this Act for research and service work
authorized by sections 1 and 10 of the Act of June 29, 1935 (7 U.S.C.
427, 427i; commonly known as the Bankhead-Jones Act), subtitle A of
title II and section 302 of the Act of August 14, 1946 (7 U.S.C. 1621 et
seq.), and chapter 63 of title 31, United States Code, shall be
available for contracting in accordance with such Acts and chapter.
Sec. 704. The 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, 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 colocating regional
offices; Food Safety and Inspection Service, field automation and
information management project; funds appropriated for rental payments;
Cooperative State Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)), funds for the Research,
Education
[[Page 114 STAT. 1549A-29]]
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; commonly known as the
Agricultural Act of 1954).
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 19 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the Cooperative
State Research, Education, and Extension Service shall be available to
pay full allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 712. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 2001
shall remain available until expended to cover obligations made in
fiscal year 2001 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; the
Rural Housing Insurance Fund Program Account; and the rural economic
development loans program account.
Sec. 713. Notwithstanding chapter 63 of title 31, United States
Code, marketing services of the Agricultural Marketing Service;
[[Page 114 STAT. 1549A-30]]
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. Notwithstanding any other provision of law (including
provisions of law requiring competition), the Secretary of Agriculture
may hereafter enter into cooperative agreements (which may provide for
the acquisition of goods or services, including personal services) with
a State, political subdivision, or agency thereof, a public or private
agency, organization, or any other person, if the Secretary determines
that the objectives of the agreement will: (1) serve a mutual interest
of the parties to the agreement in carrying out the programs
administered by the Natural Resources Conservation Service; and (2) all
parties will contribute resources to the accomplishment of these
objectives: Provided, That Commodity Credit Corporation funds obligated
for such purposes shall not exceed the level obligated by the Commodity
Credit Corporation for such purposes in fiscal year 1998.
Sec. 715. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act of
1990.
Sec. 716. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 717. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 718. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 719. None of the funds appropriated or otherwise made available
to the Department of Agriculture shall be used to transmit or otherwise
make available to any non-Department of Agriculture
[[Page 114 STAT. 1549A-31]]
employee questions or responses to questions that are a result of
information requested for the appropriations hearing process.
Sec. 720. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 721. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2001, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices, programs,
or activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
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 2001, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in existing
programs, activities, or projects as approved by Congress; unless the
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. 722. (a) Of the funds made available to the Secretary of
Agriculture pursuant to section 793(b)(1) of Public Law 104-127 (7
U.S.C. 2204f ) for the 2000 fiscal year--
(1) $30,000,000 shall be available to be obligated for any
purpose authorized under section 793 of that Act during the 2001
fiscal year; and
[[Page 114 STAT. 1549A-32]]
(2) $30,000,000 shall be available to be obligated for any
purpose authorized under section 793 of that Act during the 2002
fiscal year.
(b) None of the funds appropriated or otherwise made available by
this Act or any other Act may be used to pay the salaries and expenses
of personnel to carry out the transfer or obligation of fiscal year 2001
funds under section 793 of Public Law 104-127 (7 U.S.C. 2204f ).
Sec. 723. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
who carry out an environmental quality incentives program authorized by
chapter 4 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3839aa et seq.) in excess of $174,000,000.
Sec. 724. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out the transfer or obligation of fiscal year 2001
funds under the provisions of section 401 of Public Law 105-185, the
Initiative for Future Agriculture and Food Systems (7 U.S.C. 7621):
Provided, That notwithstanding section 401(d) of Public Law 105-185, any
appropriation or funds available to the Secretary of Agriculture to make
grants under section 401 of Public Law 105-185 shall be used only to
make grants to Hispanic-serving institutions (as defined in 20 U.S.C.
1101a(5)); West Virginia State College in Institute; and the 1862
institutions, 1890 institutions, and 1994 institutions, as defined in
section 2 of Public Law 105-185 (7 U.S.C. 7601), or research foundations
maintained by such institutions.
Sec. 725. Hereafter, none of the funds made available to the
Department of Agriculture shall be used to carry out any commodity
purchase program that would prohibit eligibility or participation by
farmer-owned cooperatives.
Sec. 726. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out a conservation farm option program, as authorized by
section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb).
Sec. 727. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis (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. 728. None of the funds made available to the Food and Drug
Administration by this Act shall be used to reduce the Detroit,
Michigan, Food and Drug Administration District Office below the
operating and full-time equivalent staffing level of July 31, 1999; or
to change the Detroit District Office to a station, residence post or
similarly modified office; or to reassign residence posts assigned to
the Detroit District Office: Provided, That this section shall not apply
to Food and Drug Administration field laboratory facilities or
operations currently located in Detroit, Michigan, except that field
laboratory personnel shall be assigned to locations in the general
vicinity of Detroit, Michigan, pursuant to cooperative agreements
between the Food and Drug Administration and other laboratory facilities
associated with the State of Michigan.
[[Page 114 STAT. 1549A-33]]
Sec. 729. Hereafter, none of the funds appropriated by this Act or
any other Act may be used to:
(1) carry out the proviso under 7 U.S.C. 1622(f ); or
(2) carry out 7 U.S.C. 1622(h) unless the Secretary of
Agriculture inspects and certifies agricultural processing
equipment, and imposes a fee for the inspection and
certification, in a manner that is similar to the inspection and
certification of agricultural products under that section, as
determined by the Secretary: Provided, That this provision shall
not affect the authority of the Secretary to carry out the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg
Products Inspection Act (21 U.S.C. 1031 et seq.).
Sec. 730. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to user fees
proposals that have not been enacted into law prior to the submission of
the Budget unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2002 appropriations Act.
Sec. 731. None of the funds appropriated or otherwise made available
by this Act shall be used to establish an Office of Community Food
Security or any similar office within the United States Department of
Agriculture without the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 732. None of the funds appropriated or otherwise made available
by this or any other Act may be used to carry out provision of section
612 of Public Law 105-185.
Sec. 733. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan.
Sec. 734. None of the funds appropriated or otherwise made available
by this Act may be used to declare excess or surplus all or part of the
lands and facilities owned by the Federal Government and administered by
the Secretary of Agriculture at Fort Reno, Oklahoma, or to transfer or
convey such lands or facilities prior to July 1, 2001, without the
specific authorization of Congress.
Sec. 735. None of the funds appropriated or otherwise made available
by this Act or any other Act shall be used for the implementation of a
Support Services Bureau or similar organization.
Sec. 736. Notwithstanding any other provision of law, for any fiscal
year, in the case of a high cost, isolated rural area of the State of
Alaska that is not connected to a road system--
(1) in the case of assistance provided by the Rural Housing
Service for single family housing under title V of the Housing
Act of 1949 (7 U.S.C. 1471 et seq.), the maximum income level
for the assistance shall be 150 percent of the average income
level in metropolitan areas of the State;
[[Page 114 STAT. 1549A-34]]
(2) in the case of community facility loans and grants
provided under paragraphs (1) and (19), respectively, of section
306(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)) and assistance provided under programs carried
out by the Rural Utilities Service, the maximum income level for
the loans, grants, and assistance shall be 150 percent of the
average income level in nonmetropolitan areas of the State;
(3) in the case of a business and industry guaranteed loan
made under section 310B(a)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(a)(1)), to the extent permitted
under that Act, the Secretary of Agriculture shall--
(A) guarantee the repayment of 90 percent of the
principal and interest due on the loan; and
(B) charge a loan origination and servicing fee in
an amount not to exceed 1 percent of the amount of the
loan; and
(4) in the case of assistance provided under the Rural
Community Development Initiative for fiscal year 2001 carried
out under the rural community advancement program established
under subtitle E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009 et seq.), the median household income level,
and the not employed rate, with respect to applicants for
assistance under the Initiative shall be scored on a community-
by-community basis.
Sec. 737. Notwithstanding any other provision of law, the Town of
Lloyd, New York, and the Town of Thompson, New York, shall be eligible
for loans and grants provided through the Rural Community Advancement
Program.
Sec. 738. Hereafter, notwithstanding any other provision of law, no
housing or residence in a foreign country purchased by an agent or
instrumentality of the United States, for the purpose of housing the
agricultural attache, shall be sold or disposed of without the approval
of the Foreign Agricultural Service of the United States Department of
Agriculture, including property purchased using foreign currencies
generated under the Agricultural Trade Development and Assistance Act of
1954 (Public Law 480) and used or occupied by agricultural attaches of
the Foreign Agricultural Service: Provided, That the Department of
State/Office of Foreign Buildings may sell such properties with the
concurrence of the Foreign Agricultural Service if the proceeds are used
to acquire suitable properties of appropriate size for Foreign
Agricultural Service agricultural attaches: Provided further, That the
Foreign Agricultural Service shall have the right to occupy such
residences in perpetuity with costs limited to appropriate maintenance
expenses.
Sec. 739. Hereafter, notwithstanding section 502(h)(7) of the
Housing Act of 1949 (42 U.S.C. 1472(h)(7)), the fee collected by the
Secretary of Agriculture with respect to a guaranteed loan under such
section 502(h) at the time of the issuance of such guarantee may be in
an amount equal to not more than 2 percent of the principal obligation
of the loan.
Sec. 740. Hereafter, funds appropriated to the Department of
Agriculture may be used to employ individuals by contract for services
outside the United States as determined by the agencies to be necessary
or appropriate for carrying out programs and activities abroad; and such
contracts are authorized to be negotiated,
[[Page 114 STAT. 1549A-35]]
the terms of the contract to be prescribed, and the work to be
performed, where necessary, without regard to such statutory provisions
as relate to the negotiation, making and performance of contracts and
performance of work in the United States. Individuals employed by
contract to perform such services outside the United States shall not by
virtue of such employment be considered to be employees of the United
States Government for purposes of any law administered by the Office of
Personnel Management. Such individuals may be considered employees
within the meaning of the Federal Employee Compensation Act, 5 U.S.C.
8101 et seq. Further, that Government service credit shall be accrued
for the time employed under a Personal Service Agreement (PSA) should
the individual later be hired into a permanent United States Government
position within FAS or another United States Government agency if the
authorities of the hiring agency so permit.
Sec. 741. 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. 742. (a) In General.--Section 141 of the Agricultural Market
Transition Act (7 U.S.C. 7251) is amended--
(1) in subsection (b)(4), by striking ``and 2000''; and
inserting ``through 2001''; and
(2) in subsection (h), by striking ``2000'' each place it
appears and inserting ``2001''.
(b) Conforming Amendment.--Section 142(e) of the Agricultural Market
Transition Act (7 U.S.C. 7252(e)) is amended by striking ``2001'' and
inserting ``2002''.
Sec. 743. 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. 744. In addition to amounts otherwise appropriated or made
available by this Act, $2,000,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships through the
Congressional Hunger Center.
Sec. 745. (a) Short Title.--This section may be cited as the
``Medicine Equity and Drug Safety Act of 2000''.
(b) Findings.--The Congress makes the following findings:
(1) The cost of prescription drugs for Americans continues
to rise at an alarming rate.
[[Page 114 STAT. 1549A-36]]
(2) Millions of Americans, including Medicare beneficiaries
on fixed incomes, face a daily choice between purchasing life-
sustaining prescription drugs, or paying for other necessities,
such as food and housing.
(3) Many life-saving prescription drugs are available in
countries other than the United States at substantially lower
prices, even though such drugs were developed and are approved
for use by patients in the United States.
(4) Many Americans travel to other countries to purchase
prescription drugs because the medicines that they need are
unaffordable in the United States.
(5) Americans should be able to purchase medicines at prices
that are comparable to prices for such medicines in other
countries, but efforts to enable such purchases should not
endanger the gold standard for safety and effectiveness that has
been established and maintained in the United States.
(c) Amendment.--Chapter VIII of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381 et seq.) is amended--
(1) in section 801(d)(1), by inserting ``and section 804''
after ``paragraph (2)''; and
(2) by adding at the end the following:
``importation of covered products
``Sec. 804. (a) Regulations.--The Secretary, after consultation with
the United States Trade Representative and the Commissioner of Customs,
shall promulgate regulations permitting pharmacists and wholesalers to
import into the United States covered products.
``(b) Limitation.--Regulations under subsection (a) shall--
``(1) require that safeguards be in place to ensure that
each covered product imported pursuant to such subsection
complies with section 505 (including with respect to being safe
and effective for its intended use), with sections 501 and 502,
and with other applicable requirements of this Act;
``(2) require that an importer of a covered product pursuant
to subsection (a) comply with the applicable provisions of this
section, including subsection (d); and
``(3) contain any additional provisions determined by the
Secretary to be appropriate as a safeguard to protect the public
health or as a means to facilitate the importation of such
products.
``(c) Records.--Regulations under subsection (a) shall require that
records regarding the importation of covered products pursuant to such
subsection be provided to and maintained by the Secretary for a period
of time determined to be necessary by the Secretary.
``(d) Importation.--Regulations under subsection (a) shall require
an importer of a covered product pursuant to such subsection to provide
to the Secretary the following information and records:
``(1) The name and amount of the active ingredient of such
product and description of the dosage form.
``(2) The date that the product is shipped and the quantity
of the product that is shipped, points of origin and destination
for the product, the price paid for the product by the importer,
and (once the product is distributed) the price for which such
product is sold by the importer.
[[Page 114 STAT. 1549A-37]]
``(3) Documentation from the foreign seller specifying the
original source of the product and the amount of each lot of the
product originally received.
``(4) The manufacturer's lot or control number of the
product imported.
``(5) The name, address, and telephone number of the
importer, including the professional license number of the
importer, if any.
``(6) For a product that is coming directly from the first
foreign recipient of the product from the manufacturer:
``(A) Documentation demonstrating that such product
came from such recipient and was received by the
recipient from such manufacturer.
``(B) Documentation of the amount of each lot of the
product received by such recipient to demonstrate that
the amount being imported into the United States is not
more than the amount that was received by the recipient.
``(C) In the case of the initial imported shipment,
documentation demonstrating that each batch of such
shipment was statistically sampled and tested for
authenticity and degradation.
``(D) In the case of all subsequent shipments from
such recipient, documentation demonstrating that a
statistically valid sample of such shipments was tested
for authenticity and degradation.
``(E) Certification from the importer or
manufacturer of such product that the product is
approved for marketing in the United States and meets
all labeling requirements under this Act.
``(7) For a product that is not coming directly from the
first foreign recipient of the product from the manufacturer:
``(A) Documentation demonstrating that each batch in
all shipments offered for importation into the United
States was statistically sampled and tested for
authenticity and degradation.
``(B) Certification from the importer or
manufacturer of such product that the product is
approved for marketing in the United States and meets
all labeling requirements under this Act.
``(8) Laboratory records, including complete data derived
from all tests necessary to assure that the product is in
compliance with established specifications and standards.
``(9) Documentation demonstrating that the testing required
by paragraphs (6) through (8) was performed at a qualifying
laboratory (as defined in subsection (k)).
``(10) Any other information that the Secretary determines
is necessary to ensure the protection of the public health.
``(e) Testing.--Regulations under subsection (a)--
``(1) shall require that testing referred to in paragraphs
(6) through (8) of subsection (d) be conducted by the importer
of the covered product pursuant to subsection (a), or the
manufacturer of the product;
``(2) shall require that if such tests are conducted by the
importer, information needed to authenticate the product being
tested, and to confirm that the labeling of such product
complies with labeling requirements under this Act, be supplied
by the manufacturer of such product to the pharmacist or
wholesaler,
[[Page 114 STAT. 1549A-38]]
and shall require that such information be kept in strict
confidence and used only for purposes of testing under this Act;
and
``(3) may include such additional provisions as the
Secretary determines to be appropriate to provide for the
protection of trade secrets and commercial or financial
information that is privileged or confidential.
``(f ) Country Limitation.--Regulations under subsection (a) shall
provide that covered products may be imported pursuant to such
subsection only from a country, union, or economic area that is listed
in subparagraph (A) of section 802(b)(1) or designated by the Secretary,
subject to such limitations as the Secretary determines to be
appropriate to protect the public health.
``(g) Suspension of Importations.--The Secretary shall require that
importations of specific covered products or importations by specific
importers pursuant to subsection (a) be immediately suspended upon
discovery of a pattern of importation of such products or by such
importers that is counterfeit or in violation of any requirement
pursuant to this section, until an investigation is completed and the
Secretary determines that the public is adequately protected from
counterfeit and violative covered products being imported pursuant to
subsection (a).
``(h) Prohibited Agreements.--No manufacturer of a covered product
may enter into a contract or agreement that includes a provision to
prevent the sale or distribution of covered products imported pursuant
to subsection (a).
``(i) Studies; Reports.--
``(1) Study by secretary.--
``(A) In general.--The Secretary shall conduct, or
contract with an entity to conduct, a study on the
imports permitted pursuant to subsection (a), including
consideration of the information received under
subsection (d). In conducting such study, the Secretary
or entity shall--
``(i) evaluate the compliance of importers
with regulations under subsection (a), and the
number of shipments pursuant to such subsection,
if any, that have been determined to be
counterfeit, misbranded, or adulterated, and
determine how such compliance contrasts with the
number of shipments of prescription drugs
transported within the United States that have
been determined to be counterfeit, misbranded, or
adulterated; and
``(ii) consult with the United States Trade
Representative and the Commissioner of Patents and
Trademarks to evaluate the effect of importations
pursuant to subsection (a) on trade and patent
rights under Federal law.
``(B) Report.--Not later than 2 years after the
effective date of final regulations under subsection
(a), the Secretary shall prepare and submit to the
Congress a report describing the findings of the study
under subparagraph (A).
``(2) Study by general accounting office.--The Comptroller
General of the United States shall conduct a study to determine
the effect of this section on the price of covered products sold
to consumers at retail. Not later than 18 months after the
effective date of final regulations under subsection
[[Page 114 STAT. 1549A-39]]
(a), the Comptroller General shall prepare and submit to the
Congress a report describing the findings of such study.
``( j) Construction.--Nothing in this section shall be construed to
limit the statutory, regulatory, or enforcement authority of the
Secretary relating to the importation of covered products, other than
with respect to section 801(d)(1) as provided in this section.
``(k) Definitions.--
``(1) Covered product.--
``(A) In general.--For purposes of this section, the
term `covered product' means a prescription drug, except
that such term does not include a controlled substance
in schedule I, II, or III under section 202(c) of the
Controlled Substances Act or a biological product as
defined in section 351 of the Public Health Service Act.
``(B) Charitable contributions; parenteral drugs.--
Notwithstanding any other provision of this section,
section 801(d)(1)--
``(i) continues to apply to a covered product
donated or otherwise supplied for free by the
manufacturer of the drug to a charitable or
humanitarian organization, including the United
Nations and affiliates, or to a government of a
foreign country; and
``(ii) continues to apply to a covered product
that is a parenteral drug the importation of which
pursuant to subsection (a) is determined by the
Secretary to pose a threat to the public health.
``(2) Other terms.--For purposes of this section:
``(A) The term `importer' means a pharmacist or
wholesaler.
``(B) The term `pharmacist' means a person licensed
by a State to practice pharmacy, including the
dispensing and selling of prescription drugs.
``(C) The term `prescription drug' means a drug
subject to section 503(b).
``(D) The term `qualifying laboratory' means a
laboratory in the United States that has been approved
by the Secretary for purposes of this section.
``(E) The term `wholesaler' means a person licensed
as a wholesaler or distributor of prescription drugs in
the United States pursuant to section 503(e)(2)(A). Such
term does not include a person authorized to import
drugs under section 801(d)(1).
``(l) Conditions.--This section shall become effective only if the
Secretary demonstrates to the Congress that the implementation of this
section will--
``(1) pose no additional risk to the public's health and
safety; and
``(2) result in a significant reduction in the cost of
covered products to the American consumer.
``(m) Sunset.--Effective upon the expiration of the 5-year period
beginning on the effective date of final regulations under subsection
(a), this section ceases to have any legal effect.''.
(d) Prohibited Act.--
(1) In general.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
[[Page 114 STAT. 1549A-40]]
``(aa) The importation of a covered product in violation of section
804, the falsification of any record required to be maintained or
provided to the Secretary under such section, or any other violation of
regulations under such section.''.
(2) Enhanced penalties.--Section 303(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding
at the end the following:
``(6) Notwithstanding subsection (a), any person who is a
manufacturer or importer of a covered product pursuant to section 804(a)
and knowingly fails to comply with a requirement of section 804(e) that
is applicable to such manufacturer or importer, respectively, shall be
imprisoned for not more than 10 years or fined not more than $250,000,
or both.''.
(e) For an additional amount for ``Salaries and expenses'', Food and
Drug Administration, $23,000,000, solely to carry out the ``Medicine
Equity and Drug Safety Act of 2000'', to be available only upon
submission of an official budget request and justification for such
amount by the President to the Congress.
Sec. 746. (a) Short Title.--This section may be cited as the
``Prescription Drug Import Fairness Act of 2000''.
(b) Findings.--The Congress finds as follows:
(1) Patients and their families sometimes have reason to
import into the United States drugs that have been approved by
the Food and Drug Administration (``FDA'').
(2) There have been circumstances in which--
(A) an individual seeking to import such a drug has
received a notice from FDA that importing the drug
violates or may violate the Federal Food, Drug, and
Cosmetic Act; and
(B) the notice failed to inform the individual of
the reasons underlying the decision to send the notice.
(3) FDA should not send a warning notice regarding the
importation of a drug without providing to the individual
involved a statement of the underlying reasons for the notice.
(c) Clarification of Certain Responsibilities of Food and Drug
Administration With Respect to Importation of Prescription Drugs Into
United States.--Section 801 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 381) is amended by adding at the end the following
subsection:
``(g)(1) With respect to a prescription drug being imported or
offered for import into the United States, the Secretary, in the case of
an individual who is not in the business of such importations, may not
send a warning notice to the individual unless the following conditions
are met:
``(A) The notice specifies, as applicable to the importation
of the drug, that the Secretary has made a determination that--
``(i) importation is in violation of section 801(a)
because the drug is or appears to be adulterated,
misbranded, or in violation of section 505;
``(ii) importation is in violation of section 801(a)
because the drug is or appears to be forbidden or
restricted in sale in the country in which it was
produced or from which it was exported;
``(iii) importation is or appears to be in violation
of section 801(d)(1); or
[[Page 114 STAT. 1549A-41]]
``(iv) importation otherwise is or appears to be in
violation of Federal law.
``(B) The notice does not specify any provision described in
subparagraph (A) that is not applicable to the importation of
the drug.
``(C) The notice states the reasons underlying such
determination by the Secretary, including a brief application to
the principal facts involved of the provision of law described
in subparagraph (A) that is the basis of the determination by
the Secretary.
``(2) For purposes of this section, the term `warning notice', with
respect to the importation of a drug, means a communication from the
Secretary (written or otherwise) notifying a person, or clearly
suggesting to the person, that importing the drug for personal use is,
or appears to be, a violation of this Act.''.
Sec. 747. Notwithstanding any other provision of law, the Secretary
of Agriculture may not deny a loan application made pursuant to the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in
Arkansas solely on the basis that--
(a) the proceeds of the loan will be used to conduct
activities in a flood plain; or
(b) the loan is secured by land that is in a flood plain.
Sec. 748. Section 2111(a)(3) of the Organic Foods Production Act of
1990 (7 U.S.C. 651(a)(3)) is amended by adding after ``sulfites,''
``except in the production of wine,''.
Sec. 749. Notwithstanding any other provision of law or regulation,
hereafter, Friends of the National Arboretum, an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code incorporated in the
District of Columbia, shall not be considered a prohibited source with
respect to gifts to the United States National Arboretum so long as
Friends of the National Arboretum remains an organization described
under section 501(c)(3) of such Code and continues to conduct its
operations exclusively for the benefit of the United States National
Arboretum. The Secretary of Agriculture shall, within 90 days of
enactment of this Act, provide the Appropriations Committees of both
Houses of Congress with either a copy of a Memorandum of Understanding
detailing the nature of its partnership with the Friends of the National
Arboretum, or with a written explanation of why such a Memorandum of
Understanding could not be achieved.
Sec. 750. None of the funds made available by this Act may be used
to require an office of the Farm Service Agency that is using FINPACK on
May 17, 1999, for financial planning and credit analysis, to discontinue
use of FINPACK for 6 months from the date of enactment of this Act.
Sec. 751. Hereafter, the Secretary of Agriculture shall consider any
borrower whose income does not exceed 115 percent of the median family
income of the United States as meeting the eligibility requirements for
a borrower contained in section 502(h)(2) of the Housing Act of 1949 (42
U.S.C. 1472(h)(2)).
Sec. 752. Effective 180 days after the date of the enactment of this
Act and continuing for the remainder of fiscal year 2001 and each
subsequent fiscal year, establishments in the United States that
slaughter or process birds of the order Ratitae, such as ostriches, emus
and rheas, and squab, for distribution in commerce as human food shall
be subject to the ante mortem and
[[Page 114 STAT. 1549A-42]]
post mortem inspection, reinspection, and sanitation requirements of the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) rather than the
voluntary poultry inspection program of the Department of Agriculture
under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1622).
Sec. 753. In developing a rule concerning on-farm standards for
prevention of Salmonella Enteritidis in shell eggs pursuant to any plan
to eliminate Salmonella Enteritidis illnesses due to eggs, the Food and
Drug Administration shall--
(a) consider one environmental test per laying cycle for
each layer house for verification of the producer's Salmonella
Enteritidis reduction plan;
(b) consider when it is appropriate to require diversion of
shell eggs to treatment, such as pasteurization, and base any
requirement for testing that would necessitate diversion, which
may include the receipt of a positive egg test result, on sound
science;
(c) conduct or support research to develop cost-effective
and improved tests for determination of Salmonella Enteritidis;
and
(d) solicit comments on appropriate options for implementing
a Salmonella Enteritidis reduction plan in shell eggs, including
comments on conducting and funding testing, through Federal and
State programs.
Sec. 754. Public Law 105-277, division A, title XI, section 1121
(112 Stat. 2681-44, 2681-45) is amended by--
(1) striking ``not later than January 1, 2000'' and
inserting ``not later than January 1, 2001''; and
(2) adding the following new subsection at the end thereof--
``(d) Additional Disbursement.--
``(1) Cotton stored in georgia.--The State of Georgia may
use funds remaining in the indemnity fund established in
accordance with this section to compensate cotton producers in
other States who stored cotton in the State of Georgia and
incurred losses in 1998 or 1999 as the result of the events
described in subsection (a).
``(2) Ginners and others.--The State of Georgia may also use
funds remaining in the indemnity fund established in accordance
with this section to compensate cotton ginners and others in the
business of producing, ginning, warehousing, buying, or selling
cotton for losses they incurred in 1998 or 1999 as the result of
the events described in subsection (a), if--
``(A) as of March 1, 2000, the indemnity fund has
not been exhausted,
``(B) the State of Georgia provides cotton producers
an additional time period prior to May 1, 2000, in which
to establish eligibility for compensation under this
section;
``(C) the State of Georgia determines during
calendar year 2000 that all cotton producers in that
State and cotton producers in other States as described
in paragraph (d)(1) have been appropriately compensated
for losses incurred in 1998 or 1999 as described in
subsection (a); and
``(D) such additional compensation is not made
available until May 1, 2000.''.
Sec. 755. The Food Security Act of 1985 is amended by inserting
after section 1230 (16 U.S.C. 3830) the following:
[[Page 114 STAT. 1549A-43]]
``SEC. 1230A. GOOD FAITH RELIANCE.
``(a) In General.--Except as provided in subsection (d) and
notwithstanding any other provision of this chapter, the Secretary shall
provide equitable relief to an owner or operator that has entered into a
contract under this chapter, and that is subsequently determined to be
in violation of the contract, if the owner or operator in attempting to
comply with the terms of the contract and enrollment requirements took
actions in good faith reliance on the action or advice of an authorized
representative of the Secretary.
``(b) Types of Relief.--The Secretary shall--
``(1) to the extent the Secretary determines that an owner
or operator has been injured by good faith reliance described in
subsection (a), allow the owner or operator to do any one or
more of the following--
``(A) to retain payments received under the
contract;
``(B) to continue to receive payments under the
contract;
``(C) to keep all or part of the land covered by the
contract enrolled in the applicable program under this
chapter;
``(D) to reenroll all or part of the land covered by
the contract in the applicable program under this
chapter; or
``(E) or any other equitable relief the Secretary
deems appropriate; and
``(2) require the owner or operator to take such actions as
are necessary to remedy any failure to comply with the contract.
``(c) Relation to Other Law.--The authority to provide relief under
this section shall be in addition to any other authority provided in
this or any other Act.
``(d) Exception.--This section shall not apply to a pattern of
conduct in which an authorized representative of the Secretary takes
actions or provides advice with respect to an owner or operator that the
representative and the owner or operator know are inconsistent with
applicable law (including regulations).
``(e) Applicability of Relief.--Relief under this section shall be
available for contracts in effect on January 1, 2000 and for all
subsequent contracts.''.
Sec. 756. 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
``$20,000,000'' and inserting ``$25,000,000''.
Sec. 757. 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 Departmental 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. 758. The Act of August 19, 1958 (7 U.S.C. 1431 note) is
amended--
(1) by striking ``clause (3) or (4) of'' the first place it
appears and inserting ``the Food for Progress Act of 1985,'';
(2) by striking ``clause (3) or (4) of such'' and inserting
``the Food for Progress Act of 1985, such''; and
(3) by striking ``to the President''.
[[Page 114 STAT. 1549A-44]]
Sec. 759. Notwithstanding any other provision of law, the Sea Island
Health Clinic located on Johns Island, South Carolina, shall remain
eligible for assistance and funding from the Rural Development community
facilities programs administered by the Department of Agriculture until
such time new population data is available from the 2000 Census.
Sec. 760. Notwithstanding any other provision of law, the area
bounded by West 197th Avenue, North S.W. 232nd Street, East U.S. Highway
1 and S.W. 360th Street in Dade County, Florida, shall continue to be
eligible to receive business and industry guaranteed loans under section
310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932)
until such time that population data is available from the 2000
decennial Census.
Sec. 761. Hereafter, the Secretary of Agriculture shall consider the
City of Kewanee and the City of Jacksonville, Illinois, as meeting the
requirements of a rural area contained in section 520 of the Housing Act
of 1949 (42 U.S.C. 1490).
Sec. 762. Notwithstanding any other provision of law, the Chief of
the Natural Resources Conservation Service shall provide funds, within
discretionary amounts available, to pay the balance of the amount due
pursuant to the settlement of claims associated with the Chuquatonchee
Watershed Project in Mississippi to close out this project.
Sec. 763. Notwithstanding any other provision of law, the Konocti
Water District, California, shall be eligible for grants and loans
administered by the Rural Utilities Service.
Sec. 764. Notwithstanding any other provision of law, Jefferson
County, Kentucky, shall be considered to be a rural area for the
purposes of the business and industry direct and guaranteed loan program
authorized by the Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.).
Sec. 765. The Secretary of Agriculture may convey, under such terms
and conditions as the Secretary considers appropriate, all right, title,
and interest of the United States in and to a parcel of real property
consisting of approximately 1 acre located within the Sunnyside
Subdivision in Prince George's County, Maryland, for the purpose of
resolving land title claims and encroachments at the Beltsville
Agricultural Research Center and for promoting public access on
Sunnyside Avenue. Any funds received by the Secretary as a result of the
conveyance shall be credited to and merged with the appropriations
available to operate the Beltsville Agricultural Research Center and
shall be available, without further appropriation, for the same purposes
and for the same time period as such appropriations.
Sec. 766. Of the funds provided to carry out section 211(a) of the
Agricultural Risk Protection Act of 2000 (16 U.S.C. 2820 note; Public
Law 106-224), up to $500,000 shall be used solely for the State of
California.
Sec. 767. The first section of the Act of March 2, 1931 (7 U.S.C.
426) is amended to read as follows:
``SECTION 1. PREDATORY AND OTHER WILD ANIMALS.
``The Secretary of Agriculture may conduct a program of wildlife
services with respect to injurious animal species and take any action
the Secretary considers necessary in conducting the program. The
Secretary shall administer the program in a manner consistent with all
of the wildlife services authorities in effect on the day
[[Page 114 STAT. 1549A-45]]
before the date of the enactment of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2001.''.
Sec. 768. Section 412(d) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736f(d)) is amended by striking
``title I of the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)'' and
inserting ``dairy price support operations''.
Sec. 769. Notwithstanding any other provision of law, the City of
Coachella, California, shall be eligible for grants and loans
administered by the rural development mission areas of the Department of
Agriculture.
Sec. 770. Notwithstanding any other provision of law, the Secretary
of Agriculture shall consider the City of Vicksburg, Mississippi, as
meeting the requirements of a rural area in section 520 of the Housing
Act of 1949 (42 U.S.C. 1490).
Sec. 771. 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. 772. None of the funds appropriated or otherwise made available
by this Act shall be used to issue a notice of proposed rulemaking, to
promulgate a proposed rule, or to otherwise change or modify the
definition of ``animal'' in existing regulations pursuant to the Animal
Welfare Act.
Sec. 773. Section 306(a)(19)(A) of the Consolidated Farmers Home
Administration Act of 1961 is amended by inserting after ``nonprofit
corporations'' the following new phrase: ``, Indian tribes (as such term
is defined under section 4(e) of Public Law 93-638, as amended),''.
Sec. 774. Section 2101 of the Emergency Supplemental Act, 2000
(Public Law 106-246; 114 Stat. 541) is amended--
(1) by inserting ``or prior'' after ``such outstanding'';
and
(2) by inserting ``and subsequently repaid'' after ``placed
under loan''.
Sec. 775. For purposes of administering title IX of this Act, the
term ``agricultural commodity'' shall also include fertilizer and
organic fertilizer, except to the extent provided pursuant to section
904 of that title.
SEC. 776. SENSE OF THE CONGRESS; HAMILTON GRANGE, NEW YORK.
(a) Congress finds that--
(1) Alexander Hamilton, assisted by James Madison and George
Washington, was the principal drafter of the Constitution of the
United States;
(2) Hamilton was General Washington's aide-de-camp during
the Revolutionary War, and, given command by Washington of the
New York and Connecticut light infantry battalion, led the
successful assault on British redoubt number 10 at Yorktown;
(3) after serving as Secretary of the Treasury, Hamilton
founded the Bank of New York and the New York Post;
(4) the only home Hamilton ever owned, commonly known as
``the Grange'', is a fine example of Federal period architecture
[[Page 114 STAT. 1549A-46]]
designed by New York architect John McComb, Jr., and was built
in upper Manhattan in 1803;
(5) the New York State Assembly enacted a law in 1908
authorizing New York City to acquire the Grange and move it to
nearby St. Nicholas Park, part of the original Hamilton estate,
but no action was taken;
(6) in 1962, the National Park Service took over management
of the Grange, by then wedged on Convent Avenue within inches
between an apartment house on the north side and a church on the
south side;
(7) the 1962 designation of the Grange as a national
memorial was contingent on the acquisition by the National Park
Service of a site to which the building could be relocated;
(8) the New York State legislature enacted a law in 1998
that granted approval for New York City to transfer land in St.
Nicholas Park to the National Park Service, causing renovations
to the Grange to be postponed; and
(9) no obelisk, monument, or classical temple along the
national mall has been constructed to honor the man who more
than any other designed the Government of the United States,
Hamilton should at least be remembered by restoring his home in
a sylvan setting.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Alexander Hamilton made an immense contribution to the
United States by serving as a principal drafter of the
Constitution; and
(2) the National Park Service should expeditiously--
(A) proceed to relocate the Grange to St. Nicholas
Park; and
(B) restore the Grange to a state befitting the
memory of Alexander Hamilton.
SEC. 777. FINANCIAL ASSISTANCE FOR LAND ACQUISITION FOR FALLEN TIMBERS
BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORIC SITE.
(a) In General.--Section 4 of the Fallen Timbers Battlefield and
Fort Miamis National Historic Site Act of 1999 (Public Law 106-164; 16
U.S.C. 461 note) is amended by adding at the end the following:
``(d) Land Acquisition Assistance.--
``(1) In general.--The Secretary may provide financial
assistance to the management entity for acquiring lands or
interests in lands within the boundaries of the historic site
under subsection (b).
``(2) Cost sharing.--Financial assistance under this
subsection may not be used to pay more than 50 percent of the
cost of any acquisition made with the assistance.
``(3) Condition.--The Secretary shall require, as a
condition of any assistance under this subsection, that any
interest in land acquired with assistance under this subsection
shall be included in and managed as part of the historic
site.''.
(b) Authorization of Appropriations.--Section 6 of such Act is
amended by inserting ``(a) In General.--'' before ``There is
authorized'', and by adding at the end the following:
``(b) Land Acquisition Assistance.--There is authorized to be
appropriated $2,500,000 to carry out section 4(d).''.
[[Page 114 STAT. 1549A-47]]
TITLE VIII
NATURAL DISASTER ASSISTANCE AND OTHER EMERGENCY APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Office of the Chief Information Officer
common computing environment
For an additional amount for ``Common Computing Environment,''
$19,500,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent that an official
budget request for $19,500,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Departmental Administration
(including transfer of funds)
For an additional amount for Departmental Administration, $200,000:
Provided, That this amount shall be transferred to the Small Business
Administration to support two advocacy staffers to review rules and
regulations relating to disasters to determine the impact of their
implementation on small business entities: Provided further, That the
entire amount shall be available only to the extent an official budget
request for $200,000, that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Farm Service Agency
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $50,000,000,
to remain available until expended: Provided, That the entire amount
shall be available only to the extent that an official budget request
for $50,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
emergency conservation program
For an additional amount for ``Emergency Conservation Program,'' for
expenses resulting from natural disasters, $80,000,000,
[[Page 114 STAT. 1549A-48]]
to remain available until expended: Provided, That the entire amount
shall be available only to the extent an official budget request for
$80,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Federal Crop Insurance Corporation Fund
For an additional amount for the Federal Crop Insurance Corporation
Fund, up to $13,000,000, to provide premium discounts to purchasers of
crop insurance reinsured by the Corporation (except for catastrophic
risk protection coverage), as authorized under section 1102(g)(2) of the
Agriculture, Rural Development, Food and Drug Administration and Related
Agencies Appropriations Act, 1999 (Public Law 105-277): Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'', to repair damages to the waterways and watersheds,
including the purchase of floodplain easements, resulting from natural
disasters, $110,000,000, to remain available until expended: Provided,
That of the amount made available in this section, the Secretary may use
up to $2,000,000 to replace, repair and improve snow telemetry equipment
impacted by fire, winds, and fire fighting efforts in order to protect
watersheds: Provided further, That the entire amount shall be available
only to the extent an official budget request for $110,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
Rural Community Advancement Program
For an additional amount for the Rural Community Advancement
Program, $200,000,000, to remain available until expended: Provided,
That of the additional amount appropriated, $50,000,000 shall be to
provide grants for facilities in rural communities with extreme
unemployment and severe economic depression: Provided further, That of
the additional amount appropriated, $30,000,000 shall be to provide
grants in rural communities with extremely high energy costs: Provided
further, That of the additional amount appropriated, $50,000,000 shall
be for rural community programs described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d), of which
$25,000,000 shall be to provide assistance to areas in the State of
North Carolina subject
[[Page 114 STAT. 1549A-49]]
to a declaration of a major disaster as a result of Hurricane Floyd,
Hurricane Dennis, or Hurricane Irene: Provided further, That of the
additional amount appropriated, $70,000,000 shall be for the cost of
direct loans and grants of the rural utilities programs described in
section 381E(d)(2) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009d) for distribution through the national reserve, of which
$30,000,000 may be used in counties which have received an emergency
designation by the President or the Secretary after January 1, 2001, for
applications responding to water shortages resulting from the designated
emergency: Provided further, That the entire amount necessary to carry
out this section shall be available only to the extent that an official
budget request for $200,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
GENERAL PROVISIONS--THIS TITLE
Sec. 801. Notwithstanding section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i), an additional $35,000,000, to
remain available until expended, shall be provided through the Commodity
Credit Corporation for technical assistance activities performed by any
agency of the Department of Agriculture in carrying out the Conservation
Reserve Program and the Wetlands Reserve Program funded by the Commodity
Credit Corporation: Provided, That the entire amount shall be available
only to the extent an official budget request for $35,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
Sec. 802. The paragraph under the heading ``Livestock Assistance''
in chapter 1, title I of H.R. 3425 of the 106th Congress, enacted by
section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536) is amended by
striking ``during 1999'' and inserting ``from January 1, 1999, through
February 7, 2000'': Provided, That the entire amount necessary to carry
out this section shall be available only to the extent that an official
budget request for the entire amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 803. Hereafter, for the purposes of the Livestock Indemnity
Program authorized in Public Law 105-18, the term ``livestock'' shall
have the same meaning as the term ``livestock'' under section 104 of
Public Law 106-31.
Sec. 804. Notwithstanding any other provision of law, the Secretary
of Agriculture may use the funds, facilities and authorities
[[Page 114 STAT. 1549A-50]]
of the Commodity Credit Corporation to administer and make payments for
losses not otherwise compensated to: (a) compensate growers whose crops
could not be sold due to Mexican fruit fly quarantines in San Diego and
San Bernardino/Riverside counties in California since their imposition
on November 16, 1999, and September 10, 1999, respectively; (b)
compensate growers in relation to the Secretary's ``Declaration of
Extraordinary Emergency'' on March 2, 2000, regarding the plum pox
virus; (c) compensate growers for losses due to Pierce's disease; (d)
compensate growers for losses due to watermelon sudden wilt disease; and
(e) compensate growers for losses incurred due to infestations of
grasshoppers and Mormon crickets: Provided, That the entire amount
necessary to carry out this section shall be available only to the
extent that an official budget request for the entire amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
Sec. 805. The Secretary shall use the funds, facilities and
authorities of the Commodity Credit Corporation to make and administer
supplemental payments to dairy producers who received a payment under
section 805 of Public Law 106-78 and to new dairy producers. Such
payment, per unit of production used in such prior payments, shall be in
an amount equal to 35 percent of the reduction in market value per unit
of milk production in 2000, as determined by the Secretary, based, to
the extent practicable, on price estimates as of the date of enactment
of this Act, from the previous 5-year average and on the base production
of the producer used to make a payment under section 805 of Public Law
106-78: Provided, That these funds shall be available until September
30, 2001: Provided further, That the Secretary shall make payments to
producers under this section in a manner consistent with and subject to
the same limitations on payments and eligible production which were
applicable to the payments that were made to dairy producers under
section 805 of Public Law 106-78, except that a producer may be paid for
production up to 39,000 cwt: Provided further, That the Secretary shall
also make payments to new dairy producers at the same per unit rate:
Provided further, That for any dairy producers, including new dairy
producers, whose base production was less than 12 months for purposes of
section 805 of Public Law 106-78, the producer's base production for the
purposes of payments under this section may be, at the producer's
option, the production of that producer in the 12 months preceding the
enactment of this section or the producer's base production under the
program carried out under section 805 of Public Law 106-78 subject to
such limitations which are applicable to other producers: Provided
further, That the entire amount necessary to carry out this section
shall be available only to the extent that an official budget request
for the entire amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
[[Page 114 STAT. 1549A-51]]
Sec. 806. The Secretary shall use the funds, facilities and
authorities of the Commodity Credit Corporation in an amount equal to
$490,000,000 to make and administer payments for livestock losses using
the criteria established to carry out the 1999 Livestock Assistance
Program (except for application of the national percentage reduction
factor) to producers for 2000 losses in a county which has received an
emergency designation by the President or the Secretary after January 1,
2000, and shall be available until September 30, 2001: Provided, That
the Secretary shall give consideration to the effect of recurring
droughts in establishing the level of payments to producers under this
section: Provided further, That of the funds made available by this
section, up to $40,000,000 may be used to carry out the Pasture Recovery
Program: Provided further, That the payments to a producer made
available through the Pasture Recovery Program shall be no less than 65
percent of the average cost of reseeding: Provided further, That of the
funds made available, the Secretary shall use not more than $12,000,000
to carry out the American Indian Livestock Feed Program: Provided
further, That the entire amount necessary to carry out this section
shall be available only to the extent that an official budget request
for $490,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 807. In using amounts made available under section 801(a) of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2000 (7 U.S.C. 1421 note; Public
Law 106-78), or under the matter under the heading ``crop loss
assistance'' under the heading ``Commodity Credit Corporation Fund'' of
H.R. 3425 of the 106th Congress, as enacted by section 1001(a)(5) of
Public Law 106-113 (113 Stat. 1536, 1501A-289), to provide emergency
financial assistance to producers on a farm that have incurred losses in
a 1999 crop due to a disaster, the Secretary of Agriculture shall
consider nursery stock losses caused by Hurricane Irene on October 16
and 17, 1999, to be losses to the 1999 crop of nursery stock: Provided,
That such sums shall also be available to provide additional
compensation to eligible agriculture producers of 1999 crop year citrus
fruit for losses incurred due to the December 1998 freeze in California:
Provided further, That such additional compensation, together with
compensation previously provided by the Secretary of Agriculture for
such losses does not exceed the level of compensation such producers
would have received if such losses had occurred during the 1998 crop
year: Provided further, That the entire amount necessary to carry out
this section shall be available only to the extent that an official
budget request for the entire amount, that includes designation of the
entire amount of the request as an emergency requirement under the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount necessary to carry out this section is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
[[Page 114 STAT. 1549A-52]]
Sec. 808. Notwithstanding section 1237(b)(1) of the Food Security
Act of 1985 (16 U.S.C. 3837(b)(1)), the Secretary of Agriculture may
permit the enrollment of not to exceed 1,075,000 acres in the Wetlands
Reserve Program: Provided, That notwithstanding section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i), such sums as
may be necessary, to remain available until expended, shall be provided
through the Commodity Credit Corporation for technical assistance
activities performed by any agency of the Department of Agriculture in
carrying out this section: Provided further, That the entire amount
necessary to carry out this section shall be available only to the
extent that an official budget request for the entire amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
Sec. 809. In addition to other compensation paid by the Secretary of
Agriculture, the Secretary shall compensate, for economic losses not
otherwise compensated, or otherwise seek to make whole, from funds of
the Commodity Credit Corporation, not to exceed $2,400,000, the owners
of all sheep destroyed from flocks within the period ending 20 days
after the date of enactment of this Act under the Secretary's
declarations of July 14, 2000, for lost income, or other business
interruption losses, due to actions of the Secretary with respect to
such sheep: Provided, That the entire amount necessary to carry out this
section shall be available only to the extent that an official budget
request for the entire amount, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Sec. 810. (a) The Secretary of Agriculture shall pay Florida
commercial citrus and lime growers $26 for each commercial citrus or
lime tree removed to control citrus canker in order to allow for tree
replacement and associated business costs. Payments under this
subsection shall be capped in accordance with the following trees per
acre limitations:
(1) in the case of grapefruit, 104 trees per acre;
(2) in the case of valencias, 123 trees per acre;
(3) in the case of navels, 118 trees per acre;
(4) in the case of tangelos, 114 trees per acre;
(5) in the case of limes, 154 trees per acre; and
(6) in the case of other or mixed citrus, 104 trees per
acre.
(b) The Secretary of Agriculture shall compensate Florida commercial
citrus and lime growers for lost production, as determined by the
Secretary of Agriculture, with respect to trees removed to control
citrus canker.
(c) To receive assistance under this section, a tree referred to in
subsection (a) or (b) must have been removed after January 1, 1986, and
before September 30, 2001.
[[Page 114 STAT. 1549A-53]]
(d) In the case of a removed tree that was covered by a crop
insurance tree policy, compensation for lost production under subsection
(b) with respect to such a tree shall be reduced by the indemnity
received with respect to such a tree. In the case of a removed tree that
was not covered by a crop insurance tree policy, although such insurance
was available for the tree, compensation for lost production under
subsection (b) with respect to such a tree shall be reduced by 5
percent.
(e) The Secretary of Agriculture shall use $58,000,000 of the funds
of the Commodity Credit Corporation to carry out this section, to remain
available until expended.
(f ) The entire amount necessary to carry out this section shall be
available only to the extent that an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement under the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 811. Notwithstanding any other provision of law, the Secretary
of Agriculture shall use $100,000,000 of Commodity Credit Corporation
funds, to remain available until expended, to make payments to apple
producers to provide relief for the loss of markets: Provided, That the
amount of payment to each producer shall be made on a per pound basis
equal to each qualifying producer's 1998 and 1999 production of apples:
Provided further, That the grower shall establish eligibility for the
amount of market loss payment upon either of the 2 crop years or an
average of the 2 years: Provided further, That the Secretary shall not
make payments for that amount of a particular farm's apple production
that is in excess of 1.6 million pounds: Provided further, That in
addition to the assistance provided under this section, the Secretary of
Agriculture shall use $38,000,000 of Commodity Credit Corporation funds,
to remain available until expended, to make payments to apple and potato
producers to compensate them for quality losses to either or both their
1999 and 2000 crops due to fireblight or weather-related disaster,
including but not limited to a hurricane or hail: Provided further, That
these payments shall be made regardless of whether a crop was harvested
and without limit: Provided further, That the producer shall be
ineligible for payments under this section with respect to a market loss
for apples or a quality loss for apples or potatoes to the extent of
that amount that the producer received as compensation or assistance for
the loss under any other Federal program, other than the Federal Crop
Insurance Program established under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.): Provided further, That the Secretary shall not
establish any terms or conditions for grower eligibility, such as limits
based upon gross income, other than those in this section: Provided
further, That the assistance made available under this section for an
eligible producer shall be made as soon as practicable after the
enactment of this Act: Provided further, That the entire amount
necessary to carry out this section shall be available only to the
extent that an official budget request for the entire amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress:
[[Page 114 STAT. 1549A-54]]
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
Sec. 812. (a) Nonrecourse Marketing Assistance Loans.--
(1) The Secretary shall use funds of the Commodity Credit
Corporation to make nonrecourse marketing assistance loans
available to producers of the 2000 crop of honey.
(2) The loan rate for a marketing assistance loan under
paragraph (1) for honey shall be 65 cents per pound.
(3) The Secretary shall permit producers to repay a
marketing assistance nonrecourse loan under paragraph (1) at a
rate that is the lesser of--
(A) the loan rate for honey, plus interest (as
determined by the Secretary); or
(B) the prevailing domestic market price for honey,
as determined by the Secretary.
(b) Loan Deficiency Payments.--
(1) The Secretary may make loan deficiency payments
available to any producer of honey that, although eligible to
obtain a marketing assistance loan under subsection (a), agrees
to forgo obtaining the loan in return for a payment under this
subsection.
(2) A loan deficiency payment under this subsection shall be
determined by multiplying--
(A) the loan payment rate determined under paragraph
(3); by
(B) the quantity of honey that the producer is
eligible to place under loan, but for which the producer
forgoes obtaining the loan in return for a payment under
this subsection.
(3) For the purposes of this subsection, the loan payment
rate shall be the amount by which--
(A) the loan rate established under subsection
(a)(2); exceeds
(B) the rate at which a loan may be repaid under
subsection (a)(3).
(c) In order to provide an orderly transition to the loans and
payments provided under this section, the Secretary shall convert
recourse loans for the 2000 crop of honey outstanding on the date of
enactment of this Act to nonrecourse marketing assistance loans under
subsection (a).
(d) Limitations.--
(1) The marketing assistance loan gains and loan deficiency
payments that a person may receive for the 2000 crop of honey
under this section shall be subject to the same limitations that
apply to marketing assistance loans and loan deficiency payments
received by producers of the same crop of other agricultural
commodities.
(2) The Secretary shall carry out this section in such a
manner as to minimize forfeitures of honey marketing assistance
loans.
(e) The Secretary shall make loans and loan deficiency payments
under this section available to producers beginning not later than 30
days after the date of enactment of this Act.
(f ) In the case of a producer that marketed or redeemed, before,
on, or within 30 days after the date of the enactment of this Act, a
quantity of an eligible 2000 crop for which the
[[Page 114 STAT. 1549A-55]]
producer has not received a loan deficiency payment or marketing loan
gain under this section, the producer shall be eligible to receive a
payment from the Secretary of Agriculture under this section in an
amount equal to the payment or gain that the producer would have
received for that quantity of eligible production as of the date on
which the producer lost beneficial interest in the quantity or redeemed
the quantity, as determined by the Secretary.
(g) The entire amount necessary to carry out this section shall be
available only to the extent that an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 813. The Secretary shall use up to $10,000,000 of the funds of
the Commodity Credit Corporation to make livestock indemnity payment to
producers on a farm that have incurred livestock losses during calendar
year 2000 due to a disaster, as determined by the Secretary, including
losses due to fires and anthrax: Provided, That the entire amount shall
be available only to the extent that an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 814. The Secretary shall use the funds, facilities and
authorities of the Commodity Credit Corporation, not to exceed
$20,000,000, to make payments directly to producers of wool, and
producers of mohair, for the 2000 marketing year: Provided, That the
payment rate for producers of wool and mohair shall be equal to $0.40
per pound: Provided further, That the entire amount necessary to carry
out this section shall be available only to the extent that an official
budget request for the entire amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 815. (a) In General.--The Secretary of Agriculture (referred to
in this section as the ``Secretary'') shall use such sums as are
necessary of funds of the Commodity Credit Corporation to make emergency
financial assistance authorized under this section available to
producers on a farm that have incurred qualifying losses described in
subsection (c).
(b) Administration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall make assistance available under this section in
the same manner as provided under section 1102 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421
note; Public Law 105-277), including using the same
[[Page 114 STAT. 1549A-56]]
loss thresholds for quantity and economic losses as were used in
administering that section.
(2) Loss thresholds for quality losses.--In the case of a
payment for quality loss for a crop under subsection (c)(2), the
loss thresholds for quality loss for the crop shall be
determined under subsection (d).
(c) Qualifying Losses.--Assistance under this section may be made
available for losses due to damaging weather or related condition
(including losses due to crop diseases and insects) associated with
crops that are, as determined by the Secretary--
(1) quantity losses for the 2000 crop;
(2) quality losses for the 2000 crop; or
(3) severe economic losses for the 2000 crop.
(d) Quality Losses.--
(1) Amount of quality loss.--The amount of a quality loss
for a crop of producers on a farm under subsection (c)(2) shall
be equal to the difference between--
(A) the per unit market value of the units of the
crop affected by the quality loss would have had if the
crop had not suffered a quality loss; and
(B) the per unit market value of the units of the
crop affected by the quality loss.
(2) Amount of quality loss payment.--Subject to paragraph
(3), the amount of a payment made to producers on a farm for a
quality loss for a crop under subsection (c)(2) shall be equal
to the amount obtained by multiplying--
(A) 65 percent of the quantity of the crop affected
by the quality loss that was produced on the farm; by
(B) 65 percent of the per unit quality loss for the
crop determined under paragraph (1).
(3) Eligibility.--For producers on a farm to be eligible to
obtain a payment for a quality loss for a crop under subsection
(c)(2), the amount obtained by multiplying the per unit loss
determined under paragraph (1) by the number of units affected
by the quality loss shall be at least 20 percent of the value
that all production of the crop would have had if the crop had
not suffered a quality loss.
(e) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops, as determined by the Secretary, due
to disasters, including--
(1) irrigated crops that, due to lack of water or
contamination by saltwater intrusion of an irrigation supply
resulting from drought conditions, were planted and suffered a
loss or were prevented from being planted;
(2) pecans; and
(3) nursery losses in the State of Florida that occur,
because of disaster, during the period beginning on October 1,
2000, and ending on December 31, 2000. Calculations of the
amount of such losses shall be made independently of other
losses of the producer, and such losses shall be subject to a
separate limit on payment amounts as may otherwise apply. Any
payment under this section for such losses shall for all
purposes, present and future, be considered to be a 2000 crop
payment, and such compensated losses shall be ineligible for any
assistance that may become available for 2001 crop losses.
(f ) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a
[[Page 114 STAT. 1549A-57]]
farm that have purchased crop insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(g) Limitation on Payments for Multiple Losses on Same Acreage.--
Notwithstanding subsection (d), a producer may not receive assistance
under this section for losses to more than one 2000 crop on the same
acreage unless there is an established practice of planting two or more
crops for harvest on such acreage in the same crop year, as determined
by the Secretary. The Secretary shall give a producer that is not
covered by the exception in the previous sentence an opportunity to
designate the 2000 crop for which the producer requests assistance under
this section.
(h) The entire amount necessary to carry out this section shall be
available only to the extent that an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 816. Of the amounts made available to the Secretary for the
purchase of specialty crops under sections 203(d) and 261(a)(2) of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law
106-224), the Secretary shall use not less than $30,000,000 to purchase
cranberry juice concentrate and frozen cranberry fruit: Provided, That
section 203(d)(1) of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 1421 note; Public Law 106-224) is amended by inserting ``or
cranberry products (including cranberry juice concentrate and frozen
cranberry fruit)'' after ``cranberries'': Provided further, That in this
section, the term ``farm unit'' means a separate and distinct farming
operation that reports independent production information to the
Cranberry Marketing Committee: Provided further, That to provide
assistance for loss of markets for cranberries, the Secretary shall use
$20,000,000 of funds of the Commodity Credit Corporation to make
payments to cranberry producers: Provided further, That subject to this
section and such other terms and conditions as are determined by the
Secretary, a payment under this section shall be made on the basis of
the quantity of the 1999 crop of cranberries that was produced on each
farm unit: Provided further, That the maximum quantity of the 1999 crop
of cranberries for which producers are eligible for a payment for a farm
unit under this section shall be 1,600,000 pounds: Provided further,
That subject to this section, the Secretary shall take such actions as
are necessary to ensure that payments made under this section do not
duplicate payments provided under other Federal programs for the same
loss: Provided further, That this shall not apply to an indemnity
provided under a policy or plan of insurance offered under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.): Provided further, That the
entire amount necessary to carry out this section shall be available
only to the extent that an official budget request for the entire
amount, that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
[[Page 114 STAT. 1549A-58]]
Sec. 817. Section 1232(a)(4) of the Food Security Act of 1985 (16
U.S.C. 3832(a)(4)) is amended--
(1) by striking ``except that such'' and inserting ``except
that--
``(A) such'';
(2) by inserting ``and'' after the semicolon at the end; and
(3) by adding at the end the following:
``(B) the Secretary shall not terminate the contract
for failure to establish approved vegetative or water
cover on the land if--
``(i) the failure to plant such cover was due
to excessive rainfall or flooding;
``(ii) the land subject to the contract that
could practicably be planted to such cover is
planted to such cover; and
``(iii) the land on which the owner or
operator was unable to plant such cover is planted
to such cover after the wet conditions that
prevented the planting subsides;''.
Sec. 818. (a) Section 353(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)) is amended by adding at the end the
following:
``(7) Financing of recapture payment.--
``(A) In general.--The Secretary may amortize a
recapture payment owed to the Secretary under this
subsection.
``(B) Term.--The term of an amortization under this
paragraph may not exceed 25 years.
``(C) Interest rate.--
``(i) In general.--The interest rate
applicable to an amortization under this paragraph
may not exceed the rate applicable to a loan to
reacquire homestead property less 100 basis
points.
``(ii) Existing amortizations and loans.--The
interest rate applicable to an amortization or
loan made by the Secretary before the date of
enactment of this paragraph to finance a recapture
payment owed to the Secretary under this
subsection may not exceed the rate applicable to a
loan to reacquire homestead property less 100
basis points.''.
(b) The entire amount necessary to carry out this section shall be
available only to the extent that an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 819. The Secretary of Agriculture shall use up to $2,500,000 of
the funds of the Commodity Credit Corporation to provide financial
assistance to the State of South Carolina to capitalize the South
Carolina Grain Dealers Guaranty Fund: Provided, That these funds shall
only be available if the State of South Carolina provides an equal
amount in the form of a grant to the South Carolina Grain Dealers
Guaranty Fund: Provided further, That the entire amount necessary to
carry out this section
[[Page 114 STAT. 1549A-59]]
shall be available only to the extent that an official budget request
for the entire amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Sec. 820. (a) The Secretary of Agriculture may use funds made
available under sections 211(a) and 211(b), and 133(b) of the
Agricultural Risk Protection Act of 2000 to provide technical assistance
to farmers and ranchers for the purposes described in sections 211(a)
and 211(b), and 133(b) of that Act; and
(b) The Secretary of Agriculture may use funds made available under
section 211(b) of the Agricultural Risk Protection Act of 2000 (16
U.S.C. 3830 note; Public Law 106-224) to provide additional funding for
the Wildlife Habitat Incentive Program established under section 387 of
the Federal Agriculture Improvement and Reform Act of 1996 in such sums
as the Secretary considers necessary to carry out that program.
(c) The entire amount necessary to carry out this section shall be
available only to the extent that an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 821. Section 19(a)(1)(A) of the Food Stamp Act of 1977 (7
U.S.C. 2028(a)(1)(A)) is amended by striking ``Puerto Rico'' and all
that follows through ``2002, to finance'' and inserting ``Puerto Rico--
``(i) for fiscal year 2000, $1,268,000,000;
``(ii) for fiscal year 2001, the amount required to be paid
under clause (i) for fiscal year 2000, as adjusted by the change
in the Food at Home series of the Consumer Price Index for All
Urban Consumers, published by the Bureau of Labor Statistics of
the Department of Labor, for the most recent 12-month period
ending in June; and
``(iii) for fiscal year 2002, the amount required to be paid
under clause (ii) for fiscal year 2001, as adjusted by the
percentage by which the thrifty food plan is adjusted for fiscal
year 2002 under section 3(o)(4);
to finance''.
Sec. 822. Notwithstanding any other provision of law, the Secretary
of Agriculture shall make a payment in the amount $7,200,000 to the
State of Hawaii from the Commodity Credit Corporation for assistance to
an agricultural transportation cooperative in Hawaii, the members of
which are eligible to participate in the Farm Service Agency
administered Commodity Loan Program and have suffered extraordinary
market losses due to unprecedented low prices: Provided, That the entire
amount shall be available only to the extent an official budget request
for $7,200,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
[[Page 114 STAT. 1549A-60]]
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Sec. 823. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to the Long Park Dam in Utah from funds available for the
Emergency Watershed Program, not to exceed $4,500,000.
Sec. 824. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to the Kuhn Bayou (Point Remove) Project in Arkansas from
funds available for the Emergency Watershed Program, not to exceed
$3,300,000.
Sec. 825. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to the Snake River Watershed project in Minnesota from funds
available for the Emergency Watershed Program, not to exceed $4,000,000.
Sec. 826. Of the funds made available for the Emergency Watershed
Protection Program activities in the State of North Carolina, $1,000,000
shall be available to the Secretary of Agriculture, acting through the
Natural Resources Conservation Service, to provide technical and
financial assistance for implementation of the project known as the
``Flood Water Mitigation and Stream Restoration Project'', Princeville,
North Carolina.
Sec. 827. Notwithstanding any other provision of law, funds paid to
oyster producers in the State of Connecticut under section 1102 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, as contained in the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public
Law 105-277) shall be retained by such producers.
Sec. 828. 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
Emergency Watershed Program, not to exceed $1,100,000.
Sec. 829. Subtitle G, section 262 of Public Law 106-224 is amended
as follows: After ``obligate'', strike ``and expend''.
Sec. 830. Any funds appropriated by Cerro Grande Fire Supplemental
as contained in Public Law 106-246 for the Emergency Conservation
Program not required to meet the purposes of rehabilitating farmland
damaged from fires which resulted from prescribed burnings conducted by
the Federal Government may be used by the Secretary of Agriculture for
activities mandated under the Emergency Conservation Program authorized
under section 401 of the Agricultural Credit Act of 1978 (16 U.S.C.
2201) consistent with the cost-share requirements of that program:
Provided, That the entire amount shall be available only to the extent
that an official budget request for the entire amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
[[Page 114 STAT. 1549A-61]]
Sec. 831. Notwithstanding any other provision of law, for technical
and financial assistance up to $120,000 shall be made available from the
Emergency Watershed Program for the Camp Lejeune Project on the Camp
Lejeune Marine Base, North Carolina.
Sec. 832. Funds appropriated by this Act and Public Law 106-113 to
the Agricultural Credit Insurance Program Account for farm ownership and
operating direct loans and guaranteed loans and emergency loans may be
transferred among these programs with the prior approval of the
Committees on Appropriations of both Houses of Congress: Provided, That
the entire amount shall be available only to the extent that an official
budget request for the entire amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 833. Section 321(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(b)) is amended by adding at the end the
following:
``(3) Loans to poultry farmers.--
``(A) Inability to obtain insurance.--
``(i) In general.--Notwithstanding any other
provision of this subtitle, the Secretary may make
a loan to a poultry farmer under this subtitle to
cover the loss of a chicken house for which the
farmer did not have hazard insurance at the time
of the loss, if the farmer--
``(I) applied for, but was unable,
to obtain hazard insurance for the
chicken house;
``(II) uses the loan to rebuild the
chicken house in accordance with
industry standards in effect on the date
the farmer submits an application for
the loan (referred to in this paragraph
as `current industry standards');
``(III) obtains, for the term of the
loan, hazard insurance for the full
market value of the chicken house; and
``(IV) meets the other requirements
for the loan under this subtitle.
``(ii) Amount.--Subject to the limitation
contained in section 324(a)(2), the amount of a
loan made to a poultry farmer under clause (i)
shall be an amount that will allow the farmer to
rebuild the chicken house in accordance with
current industry standards.
``(B) Loans to comply with current industry
standards.--
``(i) In general.--Notwithstanding any other
provision of this subtitle, the Secretary may make
a loan to a poultry farmer under this subtitle to
cover the loss of a chicken house for which the
farmer had hazard insurance at the time of the
loss, if--
``(I) the amount of the hazard
insurance is less than the cost of
rebuilding the chicken house in
accordance with current industry
standards;
[[Page 114 STAT. 1549A-62]]
``(II) the farmer uses the loan to
rebuild the chicken house in accordance
with current industry standards;
``(III) the farmer obtains, for the
term of the loan, hazard insurance for
the full market value of the chicken
house; and
``(IV) the farmer meets the other
requirements for the loan under this
subtitle.
``(ii) Amount.--Subject to the limitation
contained in section 324(a)(2), the amount of a
loan made to a poultry farmer under clause (i)
shall be the difference between--
``(I) the amount of the hazard
insurance obtained by the farmer; and
``(II) the cost of rebuilding the
chicken house in accordance with current
industry standards.''.
Sec. 834. For an additional amount for grants under sections 231(a)
and 261(a)(2) of the Agricultural Risk Protection Act of 2000,
$10,000,000: Provided, That the entire amount shall be available only to
the extent an official budget request for $10,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
Sec. 835. For an additional amount for the cost (as defined in
section 502 of the Congressional Budget Act of 1974) of guaranteed loans
under section 310B(a)(1) of the Consolidated Farm and Rural Development
Act, $10,000,000: Provided, That the entire amount shall be available
only to the extent an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
Sec. 836. Section 156(e) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``recourse'' each place that it
appears and inserting ``nonrecourse''; and
(B) by striking ``Subject to paragraph (2), the''
and inserting ``The'';
(2) by striking paragraph (2);
(3) by re-designating paragraph (3) as paragraph
(2); and
(4) in paragraph (2) as so re-designated, by
striking ``If'' through ``shall'' in the first sentence
and inserting ``The Secretary shall''.
Sec. 837. Notwithstanding section 1001(2) of the Food Security Act
of 1985 (7 U.S.C. 1308 (1)), the total amount of the payments specified
in section 1001(3) of that Act or section 812 of this Act that a person
shall be entitled to receive under the Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.) for one or more contract commodities,
oilseeds and for honey under section 812
[[Page 114 STAT. 1549A-63]]
of this Act produced during the 2000 crop year may not exceed $150,000:
Provided, That in carrying out this section, the Secretary shall allow a
producer that has marketed or redeemed a quantity of an eligible 2000
crop for which the producer has not received a loan deficiency payment
or marketing loan gain under section 134 or 135 of the Agricultural
Market Transition Act (7 U.S.C. 7234, 7235) or section 812 of this Act
to receive such payment or gain as of the date on which the quantity was
marketed or redeemed, as determined by the Secretary.
Sec. 838. Notwithstanding any other provision of law, the Secretary
shall extend until the date that is 60 days after the date of enactment
of this Act the final eligibility date for marketing assistance loans
and loan deficiency payments under subtitle C of the Agricultural Market
Transition Act (7 U.S.C. 7231 et seq.) for rice of special grade
designations, as determined by the Secretary, that was made eligible for
the loans by the Secretary during December 1999; and for which producers
were not notified of the eligibility period for the loans: Provided,
That producers on a farm that lost a beneficial interest in rice after
the date on which the rice was made ineligible for loans and loan
deficiency payments by the Secretary shall be eligible to obtain loan
deficiency payments based on the payment rate that was in effect on the
last date of eligibility for the loans before the date of enactment of
this Act: Provided further, That the entire amount necessary to carry
out this section shall be available only to the extent that an official
budget request for the entire amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 839. Notwithstanding any other provision of law, the Secretary
of Agriculture may enter into contracts with livestock producers for the
purpose of controlling the buildup of grasses, forbs and other natural
fuels that contribute to the threat of wildfire on rangelands
administered by the Secretary: Provided, That such contracts are
provided from within discretionary funds.
Sec. 840. As soon as practicable after the date of enactment of this
Act, the Secretary and the Commodity Credit Corporation, as appropriate,
shall issue such regulations as are necessary to implement sections 804,
805, 806, 809, 810, 811, 812, 814, 815, 816, 836, 837, 838, 839, 841,
843, 844, and 845 of this title: Provided, That the issuance of the
regulations 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. 841. The Secretary of Agriculture shall use funds of the
Commodity Credit Corporation to make a payment to each eligible person
described in section 204(b)(1)(A) of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1421 note; Public Law 106-224) without regard to
section 204(b)(1)(A)(ii) of that Act: Provided,
[[Page 114 STAT. 1549A-64]]
That the Secretary shall make a payment to an eligible person described
in this section in the same amount as is payable to an eligible person
under section 204 of that Act: Provided further, That the entire amount
necessary to carry out this section shall be available only to the
extent an official budget request that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 842. Payments made from amounts appropriated pursuant to this
title shall not be subject to administrative offset, including
administrative offset under chapter 37 of title 31, United States Code.
Sec. 843. The Secretary of Agriculture shall use not more than
$20,000,000 of funds of the Commodity Credit Corporation to make
payments to producers of tomatoes, pears, peaches, and apricots that
were unable to market the crops of the producers because of the
insolvency of an agriculture cooperative in the State of California:
Provided, That the amount of a payment made to a producer under this
subsection shall not exceed 50 percent of the contract value of the
unmarketed crop referred to in this section: Provided further, That the
entire amount necessary to carry out this section shall be available
only to the extent an official budget request that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
SEC. 844. LOAN FORFEITURES OF BURLEY TOBACCO.
(a) In General.--Notwithstanding sections 106 through 106B of the
Agricultural Act of 1949 (7 U.S.C. 1445 through 1445-2)--
(1) a producer-owned cooperative marketing association may
fully settle a loan made for the 1999 crop of Burley tobacco by
forfeiting to the Commodity Credit Corporation the Burley
tobacco covered by the loan regardless of the condition of the
tobacco;
(2) any losses to the Commodity Credit Corporation as a
result of paragraph (1)--
(A) shall not be charged to the No Net Cost Tobacco
Account; and
(B) shall not affect the amount of any assessment
imposed against Burley or any other kind of tobacco
under sections 106 through 106B of the Agricultural Act
of 1949 (7 U.S.C. 1445 through 1445-2); and
(3) any tobacco forfeited pursuant to this section shall not
be--
(A) counted for the purpose of determining the
Burley tobacco quota for any year pursuant to section
319 of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314e); or
(B) sold for use in the United States.
(b) Emergency Requirement.--
[[Page 114 STAT. 1549A-65]]
(1) The entire amount necessary to carry out this section
shall be available only to the extent that an official budget
request for the entire amount, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to the
Congress.
(2) The entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
SEC. 845. COMMODITY ELIGIBILITY ASSISTANCE.
(a) In General.--Section 3720B(a) of title 31, United States Code,
is amended in the first sentence by inserting ``or a marketing
assistance loan or loan deficiency payment under subtitle C of the
Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)'' after
``disaster loan''.
(b) Payments.--Any payment made by the Commodity Credit Corporation
to a producer as a result of the amendment made by section (a) shall be
credited toward any delinquent debt owed by the producer to the Farm
Service Agency.
(c) Effective Date.--
(1) In general.--The amendment made by subsection (a) takes
effect on the date of enactment of this Act.
(2) Transition loan deficiency payments.--If the producers
on a farm lost beneficial interest in a crop during the period
beginning March 21, 2000, and ending on the day before the date
of enactment of this Act and were ineligible for a marketing
assistance loan under subtitle C of the Agricultural Market
Transition Act (7 U.S.C. 7231 et seq.) because of section
3720B(a) of title 31, United States Code, as in effect before
the amendment made by subsection (a), the producers shall be
eligible for any loan deficiency payment under subtitle C of
that Act that was available on the date on which the producers
lost beneficial interest in the crop.
(d)(1) The entire amount necessary to carry out this section shall
be available only to the extent an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
(2) The entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 846. MAXIMUM AMOUNT OF EXCESS SHELTER EXPENSE DEDUCTION.
(a) Amendment.--Section 5(e)(7)(B) of the Food Stamp Act of 1977 (7
U.S.C. 2014(e)(7)(B)) is amended by striking clauses (iii) and (iv) and
inserting the following:
``(iii) for fiscal year 1999, $275, $478,
$393, $334, and $203 per month, respectively;
``(iv) for fiscal year 2000, $280, $483, $398,
$339, and $208 per month, respectively;
``(v) for fiscal year 2001, $340, $543, $458,
$399, and $268 per month, respectively; and
``(vi) for fiscal year 2002 and each
subsequent fiscal year, the applicable amount
during the preceding fiscal year, as adjusted to
reflect changes for the 12-month
[[Page 114 STAT. 1549A-66]]
period ending the preceding November 30 in the
Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''.
(b) Effective Date; Application of Amendment.--(1) Except as
provided in paragraph (2), the amendment made by this section shall take
effect on March 1, 2001.
(2) The amendment made by this section shall not apply with respect
to certification periods beginning before March 1, 2001.
(c)(1) The entire amount necessary to carry out this section shall
be available only to the extent an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
(2) The entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 847. VEHICLE ALLOWANCE.
(a) In General.--Section 5(g)(2) of the Food Stamp Act of 1977 (7
U.S.C. 2014(g)(2)) is amended--
(1) in subparagraph (B)(iv)--
(A) by striking ``subparagraph (C)'' and inserting
``subparagraphs (C) and (D)''; and
(B) by striking ``to the extent that'' and all that
follows through the end of the clause and inserting ``to
the extent that the fair market value of the vehicle
exceeds $4,650; and''; and
(2) by adding at the end the following:
``(D) Alternative vehicle allowance.--If the vehicle
allowance standards that a State agency uses to
determine eligibility for assistance under the State
program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) would result in a
lower attribution of resources to certain households
than under subparagraph (B)(iv), in lieu of applying
subparagraph (B)(iv), the State agency may elect to
apply the State vehicle allowance standards to all
households that would incur a lower attribution of
resources under the State vehicle allowance
standards.''.
(b) Effective Date; Application of Amendments.--(1) Except as
provided in paragraph (2), the amendments made by this section shall
take effect on July 1, 2001.
(2) The amendments made by this section shall not apply with respect
to certification periods beginning before July 1, 2001.
(c)(1) The entire amount necessary to carry out this section shall
be available only to the extent an official budget request for the
entire amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
(2) The entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
[[Page 114 STAT. 1549A-67]]
TITLE IX--TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Trade Sanctions Reform and Export
Enhancement Act of 2000''.
SEC. 902. DEFINITIONS.
In this title:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section 102 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Agricultural program.--The term ``agricultural program''
means--
(A) any program administered under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1691 et seq.);
(B) any program administered under section 416 of
the Agricultural Act of 1949 (7 U.S.C. 1431);
(C) any program administered under the Agricultural
Trade Act of 1978 (7 U.S.C. 5601 et seq.);
(D) the dairy export incentive program administered
under section 153 of the Food Security Act of 1985 (15
U.S.C. 713a-14);
(E) any commercial export sale of agricultural
commodities; or
(F) any export financing (including credits or
credit guarantees) provided by the United States
Government for agricultural commodities.
(3) Joint resolution.--The term ``joint resolution'' means--
(A) in the case of section 903(a)(1), only a joint
resolution introduced within 10 session days of Congress
after the date on which the report of the President
under section 903(a)(1) is received by Congress, the
matter after the resolving clause of which is as
follows: ``That Congress approves the report of the
President pursuant to section 903(a)(1) of the Trade
Sanctions Reform and Export Enhancement Act of 2000,
transmitted on ______________.'', with the blank
completed with the appropriate date; and
(B) in the case of section 906(1), only a joint
resolution introduced within 10 session days of Congress
after the date on which the report of the President
under section 906(2) is received by Congress, the matter
after the resolving clause of which is as follows:
``That Congress approves the report of the President
pursuant to section 906(1) of the Trade Sanctions Reform
and Export Enhancement Act of 2000, transmitted on
______________.'', with the blank completed with the
appropriate date.
(4) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(5) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(6) Unilateral agricultural sanction.--The term ``unilateral
agricultural sanction'' means any prohibition, restriction,
[[Page 114 STAT. 1549A-68]]
or condition on carrying out an agricultural program with
respect to a foreign country or foreign entity that is imposed
by the United States for reasons of foreign policy or national
security, except in a case in which the United States imposes
the measure pursuant to--
(A) a multilateral regime and the other member
countries of that regime have agreed to impose
substantially equivalent measures; or
(B) a mandatory decision of the United Nations
Security Council.
(7) Unilateral medical sanction.--The term ``unilateral
medical sanction'' means any prohibition, restriction, or
condition on exports of, or the provision of assistance
consisting of, medicine or a medical device with respect to a
foreign country or foreign entity that is imposed by the United
States for reasons of foreign policy or national security,
except in a case in which the United States imposes the measure
pursuant to--
(A) a multilateral regime and the other member
countries of that regime have agreed to impose
substantially equivalent measures; or
(B) a mandatory decision of the United Nations
Security Council.
SEC. 903. RESTRICTION.
(a) New Sanctions.--Except as provided in sections 904 and 905 and
notwithstanding any other provision of law, the President may not impose
a unilateral agricultural sanction or unilateral medical sanction
against a foreign country or foreign entity, unless--
(1) not later than 60 days before the sanction is proposed
to be imposed, the President submits a report to Congress that--
(A) describes the activity proposed to be
prohibited, restricted, or conditioned; and
(B) describes the actions by the foreign country or
foreign entity that justify the sanction; and
(2) there is enacted into law a joint resolution stating the
approval of Congress for the report submitted under paragraph
(1).
(b) Existing Sanctions.--The President shall terminate any
unilateral agricultural sanction or unilateral medical sanction that is
in effect as of the date of enactment of this Act.
SEC. 904. EXCEPTIONS.
Section 903 shall not affect any authority or requirement to impose
(or continue to impose) a sanction referred to in section 903--
(1) against a foreign country or foreign entity--
(A) pursuant to a declaration of war against the
country or entity;
(B) pursuant to specific statutory authorization for
the use of the Armed Forces of the United States against
the country or entity;
(C) against which the Armed Forces of the United
States are involved in hostilities; or
[[Page 114 STAT. 1549A-69]]
(D) where imminent involvement by the Armed Forces
of the United States in hostilities against the country
or entity is clearly indicated by the circumstances; or
(2) to the extent that the sanction would prohibit,
restrict, or condition the provision or use of any agricultural
commodity, medicine, or medical device that is--
(A) controlled on the United States Munitions List
established under section 38 of the Arms Export Control
Act (22 U.S.C. 2778);
(B) controlled on any control list established under
the Export Administration Act of 1979 or any successor
statute (50 U.S.C. App. 2401 et seq.); or
(C) used to facilitate the development or production
of a chemical or biological weapon or weapon of mass
destruction.
SEC. 905. TERMINATION OF SANCTIONS.
Any unilateral agricultural sanction or unilateral medical sanction
that is imposed pursuant to the procedures described in section 903(a)
shall terminate not later than 2 years after the date on which the
sanction became effective unless--
(1) not later than 60 days before the date of termination of
the sanction, the President submits to Congress a report
containing--
(A) the recommendation of the President for the
continuation of the sanction for an additional period of
not to exceed 2 years; and
(B) the request of the President for approval by
Congress of the recommendation; and
(2) there is enacted into law a joint resolution stating the
approval of Congress for the report submitted under paragraph
(1).
SEC. 906. STATE SPONSORS OF INTERNATIONAL TERRORISM.
(a) Requirement.--
(1) In general.--Notwithstanding any other provision of this
title (other than section 904), the export of agricultural
commodities, medicine, or medical devices to Cuba or to the
government of a country that has been determined by the
Secretary of State to have repeatedly provided support for acts
of international terrorism under section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), section 6( j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405( j)(1)),
or section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)), or to any other entity in such a country, shall only
be made pursuant to 1-year licenses issued by the United States
Government for contracts entered into during the 1-year period
of the license and shipped within the 12-month period beginning
on the date of the signing of the contract, except that the
requirements of such 1-year licenses shall be no more
restrictive than license exceptions administered by the
Department of Commerce or general licenses administered by the
Department of the Treasury, except that procedures shall be in
place to deny licenses for exports to any entity within such
country promoting international terrorism.
(2) Exception.--Paragraph (1) shall not apply with respect
to the export of agricultural commodities, medicine, or medical
[[Page 114 STAT. 1549A-70]]
devices to the Government of Syria or to the Government of North
Korea.
(b) Quarterly Reports.--The applicable department or agency of the
Federal Government shall submit to the appropriate congressional
committees on a quarterly basis a report on any activities undertaken
under subsection (a)(1) during the preceding calendar quarter.
(c) Biennial Reports.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the applicable
department or agency of the Federal Government shall submit a report to
the appropriate congressional committees on the operation of the
licensing system under this section for the preceding 2-year period,
including--
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) the average amount of time elapsed from the date of
filing of a license application until the date of its approval;
(4) the extent to which the licensing procedures were
effectively implemented; and
(5) a description of comments received from interested
parties about the extent to which the licensing procedures were
effective, after the applicable department or agency holds a
public 30-day comment period.
SEC. 907. CONGRESSIONAL PROCEDURES.
(a) Referral of Report.--A report described in section 903(a)(1) or
905(1) shall be referred to the appropriate committee or committees of
the House of Representatives and to the appropriate committee or
committees of the Senate.
(b) Referral of Joint Resolution.--
(1) In general.--A joint resolution introduced in the Senate
shall be referred to the Committee on Foreign Relations, and a
joint resolution introduced in the House of Representatives
shall be referred to the Committee on International Relations.
(2) Reporting date.--A joint resolution referred to in
paragraph (1) may not be reported before the eighth session day
of Congress after the introduction of the joint resolution.
SEC. 908. PROHIBITION ON UNITED STATES ASSISTANCE AND FINANCING.
(a) Prohibition on United States Assistance.--
(1) In general.--Notwithstanding any other provision of law,
no United States Government assistance, including United States
foreign assistance, United States export assistance, and any
United States credit or guarantees shall be available for
exports to Cuba or for commercial exports to Iran, Libya, North
Korea, or Sudan.
(2) Rule of construction.--Nothing in paragraph (1) shall be
construed to alter, modify, or otherwise affect the provisions
of section 109 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6039) or any other provision
of law relating to Cuba in effect on the day before the date of
the enactment of this Act.
(3) Waiver.--The President may waive the application of
paragraph (1) with respect to Iran, Libya, North Korea, and
Sudan to the degree the President determines that it is in
[[Page 114 STAT. 1549A-71]]
the national security interest of the United States to do so, or
for humanitarian reasons.
(b) Prohibition on Financing of Agricultural Sales to Cuba.--
(1) In general.--No United States person may provide payment
or financing terms for sales of agricultural commodities or
products to Cuba or any person in Cuba, except in accordance
with the following terms (notwithstanding part 515 of title 31,
Code of Federal Regulations, or any other provision of law):
(A) Payment of cash in advance.
(B) Financing by third country financial
institutions (excluding United States persons or
Government of Cuba entities), except that such financing
may be confirmed or advised by a United States financial
institution.
Nothing in this paragraph authorizes payment terms or trade
financing involving a debit or credit to an account of a person
located in Cuba or of the Government of Cuba maintained on the
books of a United States depository institution.
(2) Penalties.--Any private person or entity that violates
paragraph (1) shall be subject to the penalties provided in the
Trading With the Enemy Act for violations under that Act.
(3) Administration and enforcement.--The President shall
issue such regulations as are necessary to carry out this
section, except that the President, in lieu of issuing new
regulations, may apply any regulations in effect on the date of
the enactment of this Act, pursuant to the Trading With the
Enemy Act, with respect to the conduct prohibited in paragraph
(1).
(4) Definitions.--In this subsection--
(A) the term ``financing'' includes any loan or
extension of credit;
(B) the term ``United States depository
institution'' means any entity (including its foreign
branches or subsidiaries) organized under the laws of
any jurisdiction within the United States, or any
agency, office or branch located in the United States of
a foreign entity, that is engaged primarily in the
business of banking (including a bank, savings bank,
savings association, credit union, trust company, or
United States bank holding company); and
(C) the term ``United States person'' means the
Federal Government, any State or local government, or
any private person or entity of the United States.
SEC. 909. PROHIBITION ON ADDITIONAL IMPORTS FROM CUBA.
Nothing in this title shall be construed to alter, modify, or
otherwise affect the provisions of section 515.204 of title 31, Code of
Federal Regulations, relating to the prohibition on the entry into the
United States of merchandise that: (1) is of Cuban origin; (2) is or has
been located in or transported from or through Cuba; or (3) is made or
derived in whole or in part of any article which is the growth, produce,
or manufacture of Cuba.
SEC. 910. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED TRANSACTIONS
WITH CUBA.
(a) Authorization of Travel Relating to Commercial Sale of
Agricultural Commodities.--The Secretary of the Treasury
[[Page 114 STAT. 1549A-72]]
shall promulgate regulations under which the travel-related transactions
listed in subsection (c) of section 515.560 of title 31, Code of Federal
Regulations, may be authorized on a case-by-case basis by a specific
license for travel to, from, or within Cuba for the commercial export
sale of agricultural commodities pursuant to the provisions of this
title.
(b) Prohibition on Travel Relating to Tourist Activities.--
(1) In general.--Notwithstanding any other provision of law
or regulation, the Secretary of the Treasury, or any other
Federal official, may not authorize the travel-related
transactions listed in subsection (c) of section 515.560 of
title 31, Code of Federal Regulations, either by a general
license or on a case-by-case basis by a specific license for
travel to, from, or within Cuba for tourist activities.
(2) Definition.--In this subsection, the term ``tourist
activities'' means any activity with respect to travel to, from,
or within Cuba that is not expressly authorized in subsection
(a) of this section, in any of paragraphs (1) through (12) of
section 515.560 of title 31, Code of Federal Regulations, or in
any section referred to in any of such paragraphs (1) through
(12) (as such sections were in effect on June 1, 2000).
SEC. 911. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
shall take effect on the date of enactment of this Act, and shall apply
thereafter in any fiscal year.
(b) Existing Sanctions.--In the case of any unilateral agricultural
sanction or unilateral medical sanction that is in effect as of the date
of enactment of this Act, this title shall take effect 120 days after
the date of enactment of this Act, and shall apply thereafter in any
fiscal year.
TITLE X--CONTINUED DUMPING AND SUBSIDY OFFSET
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Continued Dumping and Subsidy
Offset Act of 2000''.
SEC. 1002. FINDINGS OF CONGRESS.
Congress makes the following findings:
(1) Consistent with the rights of the United States under
the World Trade Organization, injurious dumping is to be
condemned and actionable subsidies which cause injury to
domestic industries must be effectively neutralized.
(2) United States unfair trade laws have as their purpose
the restoration of conditions of fair trade so that jobs and
investment that should be in the United States are not lost
through the false market signals.
(3) The continued dumping or subsidization of imported
products after the issuance of antidumping orders or findings or
countervailing duty orders can frustrate the remedial purpose of
the laws by preventing market prices from returning to fair
levels.
(4) Where dumping or subsidization continues, domestic
producers will be reluctant to reinvest or rehire and may be
unable to maintain pension and health care benefits that
conditions of fair trade would permit. Similarly, small
businesses and American farmers and ranchers may be unable to
pay
[[Page 114 STAT. 1549A-73]]
down accumulated debt, to obtain working capital, or to
otherwise remain viable.
(5) United States trade laws should be strengthened to see
that the remedial purpose of those laws is achieved.
SEC. 1003. AMENDMENTS TO THE TARIFF ACT OF 1930.
(a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 1671
et seq.) is amended by inserting after section 753 the following new
section:
``SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.
``(a) In General.--Duties assessed pursuant to a countervailing duty
order, an antidumping duty order, or a finding under the Antidumping Act
of 1921 shall be distributed on an annual basis under this section to
the affected domestic producers for qualifying expenditures. Such
distribution shall be known as the `continued dumping and subsidy
offset'.
``(b) Definitions.--As used in this section:
``(1) Affected domestic producer.--The term `affected
domestic producer' means any manufacturer, producer, farmer,
rancher, or worker representative (including associations of
such persons) that--
``(A) was a petitioner or interested party in
support of the petition with respect to which an
antidumping duty order, a finding under the Antidumping
Act of 1921, or a countervailing duty order has been
entered, and
``(B) remains in operation.
Companies, businesses, or persons that have ceased the
production of the product covered by the order or finding or who
have been acquired by a company or business that is related to a
company that opposed the investigation shall not be an affected
domestic producer.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of Customs.
``(3) Commission.--The term `Commission' means the United
States International Trade Commission.
``(4) Qualifying expenditure.--The term `qualifying
expenditure' means an expenditure incurred after the issuance of
the antidumping duty finding or order or countervailing duty
order in any of the following categories:
``(A) Manufacturing facilities.
``(B) Equipment.
``(C) Research and development.
``(D) Personnel training.
``(E) Acquisition of technology.
``(F) Health care benefits to employees paid for by
the employer.
``(G) Pension benefits to employees paid for by the
employer.
``(H) Environmental equipment, training, or
technology.
``(I) Acquisition of raw materials and other inputs.
``(J) Working capital or other funds needed to
maintain production.
``(5) Related to.--A company, business, or person shall be
considered to be `related to' another company, business, or
person if--
[[Page 114 STAT. 1549A-74]]
``(A) the company, business, or person directly or
indirectly controls or is controlled by the other
company, business, or person,
``(B) a third party directly or indirectly controls
both companies, businesses, or persons,
``(C) both companies, businesses, or persons
directly or indirectly control a third party and there
is reason to believe that the relationship causes the
first company, business, or persons to act differently
than a nonrelated party.
For purposes of this paragraph, a party shall be considered to
directly or indirectly control another party if the party is
legally or operationally in a position to exercise restraint or
direction over the other party.
``(c) Distribution Procedures.--The Commissioner shall prescribe
procedures for distribution of the continued dumping or subsidies offset
required by this section. Such distribution shall be made not later than
60 days after the first day of a fiscal year from duties assessed during
the preceding fiscal year.
``(d) Parties Eligible for Distribution of Antidumping and
Countervailing Duties Assessed.--
``(1) List of affected domestic producers.--The Commission
shall forward to the Commissioner within 60 days after the
effective date of this section in the case of orders or findings
in effect on January 1, 1999, or thereafter, or in any other
case, within 60 days after the date an antidumping or
countervailing duty order or finding is issued, a list of
petitioners and persons with respect to each order and finding
and a list of persons that indicate support of the petition by
letter or through questionnaire response. In those cases in
which a determination of injury was not required or the
Commission's records do not permit an identification of those in
support of a petition, the Commission shall consult with the
administering authority to determine the identity of the
petitioner and those domestic parties who have entered
appearances during administrative reviews conducted by the
administering authority under section 751.
``(2) Publication of list; certification.--The Commissioner
shall publish in the Federal Register at least 30 days before
the distribution of a continued dumping and subsidy offset, a
notice of intention to distribute the offset and the list of
affected domestic producers potentially eligible for the
distribution based on the list obtained from the Commission
under paragraph (1). The Commissioner shall request a
certification from each potentially eligible affected domestic
producer--
``(A) that the producer desires to receive a
distribution;
``(B) that the producer is eligible to receive the
distribution as an affected domestic producer; and
``(C) the qualifying expenditures incurred by the
producer since the issuance of the order or finding for
which distribution under this section has not previously
been made.
``(3) Distribution of funds.--The Commissioner shall
distribute all funds (including all interest earned on the
funds) from assessed duties received in the preceding fiscal
year to affected domestic producers based on the certifications
[[Page 114 STAT. 1549A-75]]
described in paragraph (2). The distributions shall be made on a
pro rata basis based on new and remaining qualifying
expenditures.
``(e) Special Accounts.--
``(1) Establishments.--Within 14 days after the effective
date of this section, with respect to antidumping duty orders
and findings and countervailing duty orders notified under
subsection (d)(1), and within 14 days after the date an
antidumping duty order or finding or countervailing duty order
issued after the effective date takes effect, the Commissioner
shall establish in the Treasury of the United States a special
account with respect to each such order or finding.
``(2) Deposits into accounts.--The Commissioner shall
deposit into the special accounts, all antidumping or
countervailing duties (including interest earned on such duties)
that are assessed after the effective date of this section under
the antidumping order or finding or the countervailing duty
order with respect to which the account was established.
``(3) Time and manner of distributions.--Consistent with the
requirements of subsections (c) and (d), the Commissioner shall
by regulation prescribe the time and manner in which
distribution of the funds in a special account shall be made.
``(4) Termination.--A special account shall terminate
after--
``(A) the order or finding with respect to which the
account was established has terminated;
``(B) all entries relating to the order or finding
are liquidated and duties assessed collected;
``(C) the Commissioner has provided notice and a
final opportunity to obtain distribution pursuant to
subsection (c); and
``(D) 90 days has elapsed from the date of the
notice described in subparagraph (C).
Amounts not claimed within 90 days of the date of the notice
described in subparagraph (C), shall be deposited into the
general fund of the Treasury.''.
(b) Conforming Amendment.--The table of contents for title VII of
the Tariff Act of 1930 is amended by inserting the following new item
after the item relating to section 753:
``Sec. 754. Continued dumping and subsidy offset.''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to all antidumping and countervailing duty assessments made
on or after October 1, 2000.
TITLE XI--CONSERVATION OF FARMABLE WETLAND
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Conservation of Farmable Wetland
Act of 2000''.
SEC. 1102. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE IN
CONSERVATION RESERVE.
(a) In General.--Section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) is amended by adding at the end the following:
[[Page 114 STAT. 1549A-76]]
``(h) Pilot Program for Enrollment of Wetland and Buffer Acreage in
Conservation Reserve.--
``(1) In general.--During the 2001 and 2002 calendar years,
the Secretary shall carry out a pilot program in the States of
Iowa, Minnesota, Montana, Nebraska, North Dakota, and South
Dakota under which the Secretary shall include eligible acreage
described in paragraph (3) in the program established under this
subchapter.
``(2) Participation among states.--The Secretary shall
ensure, to the maximum extent practicable, that owners and
operators in each of the States referred to in paragraph (1)
have an equitable opportunity to participate in the pilot
program established under this subsection.
``(3) Eligible acreage.--
``(A) In general.--Subject to subparagraphs (B)
through (D), an owner or operator may enroll in the
conservation reserve under this subsection--
``(i) a wetland (including a converted wetland
described in section 1222(b)(1)(A)) that was
cropped during at least three of the immediately
preceding 10 crop years; and
``(ii) buffer acreage that--
``(I) is contiguous to the wetland
described in clause (i);
``(II) is used to protect the
wetland; and
``(III) is of such width as the
Secretary determines is necessary to
protect the wetland, taking into
consideration and accommodating the
farming practices (including the
straightening of boundaries to
accommodate machinery) used with respect
to the cropland that surrounds the
wetland.
``(B) Exclusions.--An owner or operator may not
enroll in the conservation reserve under this
subsection--
``(i) any wetland, or land on a floodplain,
that is, or is adjacent to, a perennial riverine
system wetland identified on the final national
wetland inventory map of the Secretary of the
Interior; or
``(ii) in the case of an area that is not
covered by the final national inventory map, any
wetland, or land on a floodplain, that is adjacent
to a perennial stream identified on a 1-24,000
scale map of the United States Geological Survey.
``(C) Program limitations.--
``(i) In general.--The Secretary may enroll in
the conservation reserve under this subsection--
``(I) not more than 500,000 acres in
all States referred to in paragraph (1);
and
``(II) not more than 150,000 acres
in any one State referred to in
paragraph (1).
``(ii) Relationship to program maximum.--
Subject to clause (iii), for the purposes of
subsection (d), any acreage enrolled in the
conservation reserve under this subsection shall
be considered acres maintained in the conservation
reserve.
[[Page 114 STAT. 1549A-77]]
``(iii) Relationship to other enrolled
acreage.--Acreage enrolled under this subsection
shall not affect for any fiscal year the quantity
of--
``(I) acreage enrolled to establish
conservation buffers as part of the
program announced on March 24, 1998 (63
Fed. Reg. 14109); or
``(II) acreage enrolled into the
conservation reserve enhancement program
announced on May 27, 1998 (63 Fed. Reg.
28965).
``(D) Owner or operator limitations.--
``(i) Wetland.--The maximum size of any
wetland described in subparagraph (A)(i) of an
owner or operator enrolled in the conservation
reserve under this subsection shall be 5
contiguous acres.
``(ii) Buffer acreage.--The maximum size of
any buffer acreage described in subparagraph
(A)(ii) of an owner or operator enrolled in the
conservation reserve under this subsection shall
be the greater of--
``(I) three times the size of any
wetland described in subparagraph (A)(i)
to which the buffer acreage is
contiguous; or
``(II) 150 feet on either side of
the wetland.
``(iii) Tracts.--The maximum size of any
eligible acreage described in subparagraph (A) in
a tract (as determined by the Secretary) of an
owner or operator enrolled in the conservation
reserve under this subsection shall be 40 acres.
``(4) Duties of owners and operators.--Under a contract
entered into under this subsection, during the term of the
contract, an owner or operator of a farm or ranch must agree--
``(A) to restore the hydrology of the wetland within
the eligible acreage to the maximum extent practicable,
as determined by the Secretary;
``(B) to establish vegetative cover on the eligible
acreage, as determined by the Secretary; and
``(C) to carry out other duties described in section
1232.
``(5) Duties of the secretary.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), in return for a contract
entered into by an owner or operator under this
subsection, the Secretary shall make payments and
provide assistance to the owner or operator in
accordance with sections 1233 and 1234.
``(B) Continuous signup.--The Secretary shall use
continuous signup under section 1234(c)(2)(B) to
determine the acceptability of contract offers and the
amount of rental payments under this subsection.
``(C) Incentives.--The amounts payable to owners and
operators in the form of rental payments under contracts
entered into under this subsection shall reflect
incentives that are provided to owners and operators to
enroll filterstrips in the conservation reserve under
section 1234.''.
SEC. 1103. INCIDENTAL GRAZING.
Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)(A)) is amended--
(1) by striking ``occurs during'' and
[[Page 114 STAT. 1549A-78]]
inserting ``occurs--
``(I) in the case of land other than
eligible acreage enrolled under section
1231(h), during''; and
(2) by adding at the end the following:
``(II) in the case of eligible
acreage enrolled under section 1231(h),
at any time other than during the period
beginning May 1 and ending August 1 of
each year for a reduction in rental
payment commensurate with the limited
economic value of such incidental
grazing; and''.
SEC. 1104. STUDY OF IMPACT OF PILOT PROGRAM.
(a) In General.--The Secretary of Agriculture shall conduct a study
of the impact of the pilot program established under section 1231(h) of
the Food Security Act of 1985 (16 U.S.C. 3831(h)) (as added by section
1102(a)) on--
(1) enrollment of owners and operators in--
(A) the conservation reserve program established
under subchapter B of chapter 1 of subtitle D of title
XII of that Act (16 U.S.C. 3831 et seq.);
(B) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D of title XII of
that Act (16 U.S.C. 3837 et seq.); and
(C) other Federal and State conservation programs;
(2) types of environmentally sensitive acreage that have not
been enrolled in the wetlands reserve program; and
(3) conservation of soil, water, and related natural
resources, including grazing land, wetland, and wildlife
habitat.
(b) Reports.--Not later than March 1, 2003, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report on the results of the study.
SEC. 1105. REGULATIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of Agriculture shall promulgate such
regulations as are necessary to implement the amendments made by this
Act.
(b) Procedure.--The promulgation of the regulations and
administration of the amendments made by this Act 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'').
(c) Congressional Review of Agency Rulemaking.--In carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
[[Page 114 STAT. 1549A-79]]
TITLE XII--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Hass Avocado Promotion, Research,
and Information Act of 2000''.
SEC. 1202. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress finds the following:
(1) Hass avocados are an integral food source in the United
States that are a valuable and healthy part of the human diet
and are enjoyed by millions of persons every year for a
multitude of everyday and special occasions.
(2) Hass avocados are a significant tree fruit crop grown by
many individual producers, but virtually all domestically
produced Hass avocados for the commercial market are grown in
the State of California.
(3) Hass avocados move in interstate and foreign commerce,
and Hass avocados that do not move in interstate or foreign
channels of commerce but only in intrastate commerce directly
affect interstate commerce in Hass avocados.
(4) In recent years, large quantities of Hass avocados have
been imported into the United States from other countries.
(5) The maintenance and expansion of markets in existence on
the date of enactment of this title, and the development of new
or improved markets or uses for Hass avocados are needed to
preserve and strengthen the economic viability of the domestic
Hass avocado industry for the benefit of producers and other
persons associated with the producing, marketing, processing,
and consuming of Hass avocados.
(6) An effective and coordinated program of promotion,
research, industry information, and consumer information
regarding Hass avocados is necessary for the maintenance,
expansion, and development of domestic markets for Hass
avocados.
(b) Purpose.--It is the purpose of this title to authorize the
establishment, through the exercise of the powers provided in this
title, of an orderly procedure for the development and financing
(through an adequate assessment on Hass avocados sold by producers and
importers in the United States) of an effective and coordinated program
of promotion, research, industry information, and consumer information,
including funds for marketing and market research activities, that is
designed to--
(1) strengthen the position of the Hass avocado industry in
the domestic marketplace; and
(2) maintain, develop, and expand markets and uses for Hass
avocados in the domestic marketplace.
(c) Limitation.--Nothing in this title may be construed to provide
for the control of production or otherwise limit the right of any person
to produce, handle, or import Hass avocados.
SEC. 1203. DEFINITIONS.
As used in this title:
(1) Board.--The terms ``Avocado Board'' and ``Board'' mean
the Hass Avocado Board established under section 1205.
(2) Conflict of interest.--The term ``conflict of interest''
means a situation in which a member or employee of the
[[Page 114 STAT. 1549A-80]]
Board has a direct or indirect financial interest in a person
that performs a service for, or enters into a contract with, the
Board for anything of economic value.
(3) Consumer information.--The term ``consumer information''
means any action or program that provides information to
consumers and other persons on the use, nutritional attributes,
and other information that will assist consumers and other
persons in making evaluations and decisions regarding the
purchase, preparation, and use of Hass avocados.
(4) Customs.--The term ``Customs'' means the United States
Customs Service.
(5) Department.--The term ``Department'' means the United
States Department of Agriculture.
(6) Hass avocado.--
(A) In general.--The term ``Hass avocado''
includes--
(i) the fruit of any Hass variety avocado
tree; and
(ii) any other type of avocado fruit that the
Board, with the approval of the Secretary,
determines is so similar to the Hass variety
avocado as to be indistinguishable to consumers in
fresh form.
(B) Form of fruit.--Except as provided in
subparagraph (C), the term includes avocado fruit
described in subparagraph (A) whether in fresh, frozen,
or any other processed form.
(C) Exceptions.--In any case in which a handler
further processes avocados described in subparagraph
(A), or products of such avocados, for sale to a
retailer, the Board, with the approval of the Secretary,
may determine that such further processed products do
not constitute a substantial value of the product and
that, based on its determination, the product shall not
be treated as a product of Hass avocados subject to
assessment under the order. In addition, the Board, with
the approval of the Secretary, may exempt certain frozen
avocado products from assessment under the order.
(7) Handler.--
(A) First handler.--The term ``first handler'' means
a person operating in the Hass avocados marketing system
that sells domestic or imported Hass avocados for United
States domestic consumption, and who is responsible for
remitting assessments to the Board. The term includes an
importer or producer who sells directly to consumers
Hass avocados that the importer or producer has imported
into the United States or produced, respectively.
(B) Exempt handler.--The term ``exempt handler''
means a person who would otherwise be considered a first
handler, except that all avocados purchased by the
person have already been subject to the assessment under
section 1205(h).
(8) Importer.--The term ``importer'' means any person who
imports Hass avocados into the United States.
(9) Industry information.--The term ``industry information''
means information and programs that are designed to increase
efficiency in processing, enhance the development of new markets
and marketing strategies, increase marketing efficiency, and
activities to enhance the image of Hass avocados and the Hass
avocado industry domestically.
[[Page 114 STAT. 1549A-81]]
(10) Order.--The term ``order'' means the Hass avocado
promotion, research, and information order issued under this
title.
(11) Person.--The term ``person'' means any individual,
group of individuals, firm, partnership, corporation, joint
stock company, association, cooperative, or other legal entity.
(12) Producer.--The term ``producer'' means any person who--
(A) is engaged in the domestic production of Hass
avocados for commercial use; and
(B) owns, or shares the ownership and risk of loss,
of such Hass avocados.
(13) Promotion.--The term ``promotion'' means any action to
advance the image, desirability, or marketability of Hass
avocados, including paid advertising, sales promotion, and
publicity, in order to improve the competitive position and
stimulate sales of Hass avocados in the domestic marketplace.
(14) Research.--The term ``research'' means any type of
test, study, or analysis relating to market research, market
development, and marketing efforts, or relating to the use,
quality, or nutritional value of Hass avocados, other related
food science research, or research designed to advance the
image, desirability, and marketability of Hass avocados.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(16) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Guam,
American Samoa, the Republic of the Marshall Islands, and the
Federated States of Micronesia.
(17) United states.--The term ``United States'' means the
United States collectively.
SEC. 1204. ISSUANCE OF ORDERS.
(a) In General.--
(1) Issuance.--To effectuate the policy of this title
specified in section 1202(b), the Secretary, subject to the
procedures provided in subsection (b), shall issue orders under
this title applicable to producers, importers, and first
handlers of Hass avocados.
(2) Scope.--Any order shall be national in scope.
(3) One order.--Not more than one order shall be in effect
at any one time.
(b) Procedures.--
(1) Proposal for an order.--An existing organization of
avocado producers established pursuant to a State statute, or
any other person who will be affected by this title, may request
the issuance of, and submit a proposal for an order.
(2) Publication of proposal.--The Secretary shall publish a
proposed order and give notice and opportunity for public
comment on the proposed order not later than 60 days after
receipt by the Secretary of a proposal for an order from an
existing organization of avocado producers established pursuant
to a State statute, as provided in paragraph (1).
(3) Issuance of order.--
[[Page 114 STAT. 1549A-82]]
(A) In general.--After notice and opportunity for
public comment are provided in accordance with paragraph
(2), the Secretary shall issue the order, taking into
consideration the comments received and including in the
order such provisions as are necessary to ensure that
the order is in conformity with this title.
(B) Effective date.--The order shall be issued and
become effective only after an affirmative vote in a
referendum as provided in section 1206, but not later
than 180 days after publication of the proposed order.
(c) Amendments.--The Secretary, from time to time, may amend an
order. The provisions of this title applicable to an order shall be
applicable to any amendment to an order.
SEC. 1205. REQUIRED TERMS IN ORDERS.
(a) In General.--An order shall contain the terms and provisions
specified in this section.
(b) Hass Avocado Board.--
(1) Establishment and membership.--
(A) Establishment.--The order shall provide for the
establishment of a Hass Avocado Board, consisting of 12
members, to administer the order.
(B) Membership.--
(i) Appointment.--The order shall provide that
members of the Board shall be appointed by the
Secretary from nominations submitted as provided
in this subsection.
(ii) Composition.--The Board shall consist of
participating domestic producers and importers.
(C) Special definition of importer.--In this
subsection, the term ``importer'' means a person who is
involved in, as a substantial activity, the importation,
sale, and marketing of Hass avocados in the United
States (either directly or as an agent, broker, or
consignee of any person or nation that produces or
handles Hass avocados outside the United States for sale
in the United States), and who is subject to assessments
under the order.
(2) Distribution of appointments.--
(A) In general.--The order shall provide that the
membership of the Board shall consist of the following:
(i) Seven members who are domestic producers
of Hass avocados and are subject to assessments
under the order.
(ii) Two members who represent importers of
Hass avocados and are subject to assessments under
the order.
(iii) Three members who are domestic producers
of Hass avocados and are subject to assessments
under the order, or are importers of Hass avocados
and are subject to assessments under the order, to
reflect the proportion of domestic production and
imports supplying the United States market, which
shall be based on the Secretary's determination of
the average volume of domestic production of Hass
avocados proportionate to the average volume of
imports of Hass avocados in the United States over
the previous 3 years.
[[Page 114 STAT. 1549A-83]]
(B) Adjustment in board representation.--Three years
after the assessment of Hass avocados commences pursuant
to an order, and at the end of each 3-year period
thereafter, the Avocado Board shall adjust the
proportion of producer representatives to importer
representatives on the Board under subparagraph (A)(iii)
on the basis of the amount of assessments collected from
producers and importers over the immediately preceding
3-year period. Any adjustment under this subparagraph
shall be subject to the review and approval of the
Secretary.
(3) Nomination process.--The order shall provide that--
(A) two nominees shall be submitted for each
appointment to the Board;
(B) nominations for each appointment of a producer
or an importer shall be made by domestic producers or
importers, respectively--
(i) in the case of producers, through an
election process which utilizes existing
organizations of avocado producers established
pursuant to a State statute, with approval by the
Secretary; and
(ii) in the case of importers, nominations are
submitted by importers under such procedures as
the Secretary determines appropriate; and
(C) in any case in which producers or importers fail
to nominate individuals for an appointment to the Board,
the Secretary may appoint an individual to fill the
vacancy on a basis provided in the order or other
regulations of the Secretary.
(4) Alternates.--The order shall provide for the selection
of alternate members of the Board by the Secretary in accordance
with procedures specified in the order.
(5) Terms.--The order shall provide that--
(A) each term of appointment to the Board shall be
for 3 years, except that, of the initial appointments,
four of the appointments shall be for 2-year terms, four
of the appointments shall be for 3-year terms, and four
of the appointments shall be for 4-year terms; and
(B) no member of the Board may serve more than 2
consecutive terms of 3 years, except that any member
serving an initial term of 4 years may serve an
additional term of 3 years.
(6) Replacement.--
(A) Disqualification from board service.--The order
shall provide that if a member or alternate of the Board
who was appointed as a domestic producer or importer
ceases to belong to the group for which such member was
appointed, such member or alternate shall be
disqualified from serving on the Board.
(B) Manner of filling vacancy.--A vacancy arising as
a result of disqualification or any other reason before
the expiration of the term of office of an incumbent
member or alternate of the Board shall be filled in a
manner provided in the order.
(7) Compensation.--The order shall provide that members and
alternates of the Board shall serve without compensation, but
shall be reimbursed for the reasonable expenses incurred in
performing duties as members or alternates of the Board.
[[Page 114 STAT. 1549A-84]]
(c) General Responsibilities of the Avocado Board.--The order shall
define the general responsibilities of the Avocado Board, which shall
include the responsibility to--
(1) administer the order in accordance with the terms and
provisions of the order;
(2) meet, organize, and select from among the members of the
Board a chairperson, other officers, and committees and
subcommittees, as the Board determines to be appropriate;
(3) recommend to the Secretary rules and regulations to
effectuate the terms and provisions of the order;
(4) employ such persons as the Board determines are
necessary, and set the compensation and define the duties of the
persons;
(5)(A) develop budgets for the implementation of the order
and submit the budgets to the Secretary for approval under
subsection (d); and
(B) propose and develop (or receive and evaluate), approve,
and submit to the Secretary for approval under subsection (d)
plans or projects for Hass avocado promotion, industry
information, consumer information, or related research;
(6)(A) implement plans and projects for Hass avocado
promotion, industry information, consumer information, or
related research, as provided in subsection (d); or
(B) contract or enter into agreements with appropriate
persons to implement the plans and projects, as provided in
subsection (e), and pay the costs of the implementation, or
contracts and agreement, with funds received under the order;
(7) evaluate on-going and completed plans and projects for
Hass avocado promotion, industry information, consumer
information, or related research and comply with the independent
evaluation provisions of the Commodity Promotion, Research, and
Information Act of 1996 (subtitle B of title V of Public Law
104-127; 7 U.S.C. 7401 et seq.);
(8) receive, investigate, and report to the Secretary
complaints of violations of the order;
(9) recommend to the Secretary amendments to the order;
(10) invest, pending disbursement under a plan or project,
funds collected through assessments authorized under this title
only in--
(A) obligations of the United States or any agency
of the United States;
(B) general obligations of any State or any
political subdivision of a State;
(C) any interest-bearing account or certificate of
deposit of a bank that is a member of the Federal
Reserve System; or
(D) obligations fully guaranteed as to principal and
interest by the United States, except that income from
any such invested funds may be used only for a purpose
for which the invested funds may be used;
(11) borrow funds necessary for the startup expenses of the
order; and
(12) provide the Secretary such information as the Secretary
may require.
(d) Budgets; Plans and Projects.--
(1) Submission of budgets.--The order shall require the
Board to submit to the Secretary for approval budgets, on
[[Page 114 STAT. 1549A-85]]
a fiscal year basis, of the anticipated expenses and
disbursements of the Board in the implementation of the order,
including the projected costs of Hass avocado promotion,
industry information, consumer information, and related research
plans and projects.
(2) Plans and projects.--
(A) Promotion and consumer information.--The order
shall provide--
(i) for the establishment, implementation,
administration, and evaluation of appropriate
plans and projects for advertising, sales
promotion, other promotion, and consumer
information with respect to Hass avocados, and for
the disbursement of necessary funds for the
purposes described in this clause; and
(ii) that any plan or project referred to in
clause (i) shall be directed toward increasing the
general demand for Hass avocados in the domestic
marketplace.
(B) Industry information.--The order shall provide
for the establishment, implementation, administration,
and evaluation of appropriate plans and projects that
will lead to the development of new markets, maintain
and expand existing markets, lead to the development of
new marketing strategies, or increase the efficiency of
the Hass avocado industry, and activities to enhance the
image of the Hass avocado industry, and for the
disbursement of necessary funds for the purposes
described in this subparagraph.
(C) Research.--The order shall provide for--
(i) the establishment, implementation,
administration, and evaluation of plans and
projects for market development research, research
with respect to the sale, distribution, marketing,
use, quality, or nutritional value of Hass
avocados, and other research with respect to Hass
avocado marketing, promotion, industry information
or consumer information;
(ii) the dissemination of the information
acquired through the plans and projects; and
(iii) the disbursement of such funds as are
necessary to carry out this subparagraph.
(D) Submission to secretary.--The order shall
provide that the Board shall submit to the Secretary for
approval a proposed plan or project for Hass avocados
promotion, industry information, consumer information,
or related research, as described in subparagraphs (A),
(B), and (C).
(3) Approval by secretary.--A budget, plan, or project for
Hass avocados promotion, industry information, consumer
information, or related research may not be implemented prior to
approval of the budget, plan, or project by the Secretary. Not
later than 45 days after receipt of such a budget, plan, or
project, the Secretary shall notify the Board whether the
Secretary approves or disapproves the budget, plan, or project.
If the Secretary fails to provide such notice before the end of
the 45-day period, the budget, plan, or project shall be deemed
to be approved and may be implemented by the Board.
(e) Contracts and Agreements.--
[[Page 114 STAT. 1549A-86]]
(1) Promotion, consumer information, industry information
and related research plans and projects.--
(A) In general.--To ensure the efficient use of
funds, the order shall provide that the Board, with the
approval of the Secretary, shall enter into a contract
or an agreement with an avocado organization established
by State statute in a State with the majority of Hass
avocado production in the United States, for the
implementation of a plan or project for promotion,
industry information, consumer information, or related
research with respect to Hass avocados, and for the
payment of the cost of the contract or agreement with
funds received by the Board under the order.
(B) Requirements.--The order shall provide that any
contract or agreement entered into under this paragraph
shall provide that--
(i) the contracting or agreeing party shall
develop and submit to the Board a plan or project,
together with a budget that includes the estimated
costs to be incurred for the plan or project;
(ii) the plan or project shall become
effective on the approval of the Secretary; and
(iii) the contracting party or agreeing party
shall--
(I) keep accurate records of all
transactions of the party;
(II) account for funds received and
expended;
(III) make periodic reports to the
Board of activities conducted; and
(IV) make such other reports as the
Board or the Secretary shall require.
(2) Other contracts and agreements.--The order shall provide
that the Board, with the approval of the Secretary, may enter
into a contract or agreement for administrative services. Any
contract or agreement entered into under this paragraph shall
include provisions comparable to the provisions described in
paragraph (1)(B).
(f ) Books and Records of Board.--
(1) In general.--The order shall require the Board to--
(A) maintain such books and records (which shall be
available to the Secretary for inspection and audit) as
the Secretary may require;
(B) prepare and submit to the Secretary, from time
to time, such reports as the Secretary may require; and
(C) account for the receipt and disbursement of all
the funds entrusted to the Board, including all
assessment funds disbursed by the Board to a State
organization of avocado producers established pursuant
to State law.
(2) Audits.--The Board shall cause the books and records of
the Board to be audited by an independent auditor at the end of
each fiscal year. A report of each audit shall be submitted to
the Secretary.
(g) Control of Administrative Costs.--
(1) System of cost controls.--The order shall provide that
the Board shall, as soon as practicable after the order becomes
effective and after consultation with the Secretary and other
appropriate persons, implement a system of cost controls based
on normally accepted business practices that--
[[Page 114 STAT. 1549A-87]]
(A) will ensure that the costs incurred by the Board
in administering the order in any fiscal year shall not
exceed 10 percent of the projected level of assessments
to be collected by the Board for that fiscal year; and
(B) cover the minimum administrative activities and
personnel needed to properly administer and enforce the
order, and conduct, supervise, and evaluate plans and
projects under the order.
(2) Use of existing personnel and facilities.--The Board
shall use, to the extent possible, the resources, staffs, and
facilities of existing organizations, as provided in subsection
(e)(1)(A).
(h) Assessments.--
(1) Authority.--
(A) In general.--The order shall provide that each
first handler shall remit to the Board, in the manner
provided in the order, an assessment collected from the
producer, except to the extent that the sale is excluded
from assessments under paragraph (6). In the case of
imports, the assessment shall be levied upon imports and
remitted to the Board by Customs.
(B) Published lists.--To facilitate the payment of
assessments under this paragraph, the Board shall
publish lists of first handlers required to remit
assessments under the order and exempt handlers.
(C) Making determinations.--
(i) First handler status.--The order shall
contain provisions regarding the determination of
the status of a person as a first handler or
exempt handler.
(ii) Producer-handlers.--For purposes of
paragraph (3), a producer-handler shall be
considered the first handler of those Hass
avocados that are produced by that producer-
handler and packed by that producer-handler for
sale at wholesale or retail.
(iii) Importers.--The assessment on imported
Hass avocados shall be paid by the importer to
Customs at the time of entry into the United
States and shall be remitted by Customs to the
Board. Importation occurs when Hass avocados
originating outside the United States are released
from custody of Customs and introduced into the
stream of commerce within the United States.
Importers include persons who hold title to
foreign-produced Hass avocados immediately upon
release by Customs, as well as any persons who act
on behalf of others, as agents, brokers, or
consignees, to secure the release of Hass avocados
from Customs and the introduction of the released
Hass avocados into the current of commerce.
(2) Assessment rates.--With respect to assessment rates, the
order shall contain the following terms:
(A) Initial rate.--The rate of assessment on Hass
avocados shall be $.025 per pound on fresh avocados or
the equivalent rate for processed avocados on which an
assessment has not been paid.
(B) Changes in the rate.--
(i) In general.--Once the order in is effect,
the uniform assessment rate may be increased or
decreased
[[Page 114 STAT. 1549A-88]]
not more than once annually, but in no event shall
the rate of assessment be in excess of $.05 per
pound.
(ii) Requirements.--Any change in the rate of
assessment under this subparagraph--
(I) may be made only if adopted by
the Board by an affirmative vote of at
least seven members of the Board and
approved by the Secretary as necessary
to achieve the objectives of this title
(after public notice and opportunity for
comment in accordance with section 553
of title 5, United States Code, and
without regard to sections 556 and 557
of such title);
(II) shall be announced by the Board
not less than 30 days prior to going
into effect; and
(III) shall not be subject to a vote
in a referendum conducted under section
1206.
(3) Collection by first handlers.--Except as provided in
paragraph (1)(C)(iii), the first handler of Hass avocados shall
be responsible for the collection of assessments from the
producer under this subsection. As part of the collection of
assessments, the first handler shall maintain a separate record
of the Hass avocados of each producer whose Hass avocados are so
handled, including the Hass avocados produced by the first
handler.
(4) Timing of submitting assessments.--The order shall
provide that each person required to remit assessments under
this subsection shall remit to the Board the assessment due from
each sale of Hass avocados that is subject to an assessment
within such time period after the sale (not to exceed 60 days
after the end of the month in which the sale took place) as is
specified in the order.
(5) Claiming an exemption from collecting assessments.--To
claim an exemption under section 1203(6) as an exempt handler
for a particular fiscal year, a person shall submit an
application to the Board--
(A) stating the basis for such exemption; and
(B) certifying such person will not purchase Hass
avocados in the United States on which an assessment has
not been paid for the current fiscal year.
(6) Exclusion.--An order shall exclude from assessments
under the order any sale of Hass avocados for export from the
United States.
(7) Use of assessment funds.--The order shall provide that
assessment funds shall be used for payment of costs incurred in
implementing and administering the order, with provision for a
reasonable reserve, and to cover the administrative costs
incurred by the Secretary in implementing and administering this
title, including any expenses incurred by the Secretary in
conducting referenda under this title, subject to subsection
(i).
(8) Assessment funds for state association.--The order shall
provide that a State organization of avocado producers
established pursuant to State law shall receive an amount equal
to the product obtained by multiplying the aggregate amount of
assessments attributable to the pounds of Hass avocados produced
in such State by 85 percent. The State organization shall use
such funds and any proceeds from the
[[Page 114 STAT. 1549A-89]]
investment of such funds for financing domestic promotion,
research, consumer information, and industry information plans
and projects, except that no such funds shall be used for the
administrative expenses of such State organization.
(9) Assessment funds for importers associations.--
(A) In general.--The order shall provide that any
importers association shall receive a credit described
in subparagraph (B) if such association is--
(i) established pursuant to State law that
requires detailed State regulation comparable to
that applicable to the State organization of
United States avocado producers, as determined by
the Secretary; or
(ii) certified by the Secretary as meeting the
requirements applicable to the Board as to
budgets, plans, projects, audits, conflicts of
interest, and reimbursements for administrative
costs incurred by the Secretary.
(B) Credit.--An importers association described in
subparagraph (A) shall receive 85 percent of the
assessments paid on Hass avocados imported by the
members of such association.
(C) Use of funds.--
(i) In general.--Importers associations
described in subparagraph (A) shall use the funds
described in subparagraph (B) and proceeds from
the investment of such funds for financing
promotion, research, consumer information, and
industry information plans and projects in the
United States.
(ii) Administrative expenses.--No funds
described in subparagraph (C) shall be used for
the administrative expenses of such importers
association.
(i) Reimbursement of Secretary Expenses.--The order shall provide
for reimbursing the Secretary--
(1) for expenses not to exceed $25,000 incurred by the
Secretary in connection with any referendum conducted under
section 1206;
(2) for administrative costs incurred by the Secretary for
supervisory work of up to two employee years annually after an
order or amendment to any order has been issued and made
effective; and
(3) for costs incurred by the Secretary in implementation of
the order issued under section 1204, for enforcement of the
title and the order, for subsequent referenda conducted under
section 1206, and in defending the Board in litigation arising
out of action taken by the Board.
( j) Prohibition on Brand Advertising and Certain Claims.--
(1) Prohibitions.--Except as provided in paragraph (2), a
program or project conducted under this title shall not--
(A) make any reference to private brand names;
(B) make false, misleading, or disparaging claims on
behalf of Hass avocados; or
(C) make false, misleading, or disparaging
statements with respect to the attributes or use of any
competing products.
(2) Exceptions.--Paragraph (1) does not preclude the Board
from offering its programs and projects for use by
[[Page 114 STAT. 1549A-90]]
commercial parties, under such terms and conditions as the Board
may prescribe as approved by the Secretary. For the purposes of
this subsection, a reference to State of origin does not
constitute a reference to a private brand name with regard to
any funds credited to, or disbursed by the Board to, a State
organization of avocado producers established pursuant to State
law. Furthermore, for the purposes of this section, a reference
to either State of origin or country of origin does not
constitute a reference to a private brand name with regard to
any funds credited to, or disbursed by the Board to, any
importers association established or certified in accordance
with subsection (h)(9)(A).
(k) Prohibition on Use of Funds To Influence Governmental Action.--
(1) In general.--Except as otherwise provided in paragraph
(2), the order shall prohibit any funds collected by the Board
under the order from being used in any manner for the purpose of
influencing legislation or government action or policy.
(2) Exception.--Paragraph (1) shall not apply to the
development or recommendation of amendments to the order.
(l) Prohibition of Conflict of Interest.--The Board may not engage
in, and shall prohibit the employees and agents of the Board from
engaging in, any action that would be a conflict of interest.
(m) Books and Records; Reports.--
(1) In general.--The order shall provide that each first
handler, producer, and importer subject to the order shall
maintain, and make available for inspection, such books and
records as are required by the order and file reports at the
time, in the manner, and having the content required by the
order, to the end that such information is made available to the
Secretary and the Board as is appropriate for the administration
or enforcement of this title, the order, or any regulation
issued under this title.
(2) Confidentiality requirement.--
(A) In general.--Information obtained from books,
records, or reports under paragraph (1) shall be kept
confidential by all officers and employees of the
Department of Agriculture and by the staff and agents of
the Board.
(B) Suits and hearings.--Information described in
subparagraph (A) may be disclosed to the public only--
(i) in a suit or administrative hearing
brought at the request of the Secretary, or to
which the Secretary or any officer of the United
States is a party, involving the order; and
(ii) to the extent the Secretary considers the
information relevant to the suit or hearing.
(C) General statements and publications.--Nothing in
this paragraph may be construed to prohibit--
(i) the issuance of general statements, based
on the reports, of the number of persons subject
to the order or statistical data collected from
the reports, if the statements do not identify the
information furnished by any person; or
(ii) the publication, by direction of the
Secretary, of the name of any person who violates
the order,
[[Page 114 STAT. 1549A-91]]
together with a statement of the particular
provisions of the order violated by the person.
(3) Lists of importers.--
(A) Review.--The order shall provide that the staff
of the Board shall periodically review lists of
importers of Hass avocados to determine whether persons
on the lists are subject to the order.
(B) Customs service.--On the request of the
Secretary or the Board, the Commissioner of the United
States Customs Service shall provide to the Secretary or
the Board lists of importers of Hass avocados.
(n) Consultations With Industry Experts.--
(1) In general.--The order shall provide that the Board may
seek advice from and consult with experts from the production,
import, wholesale, and retail segments of the Hass avocado
industry to assist in the development of promotion, industry
information, consumer information, and related research plans
and projects.
(2) Special committees.--
(A) In general.--For the purposes described in
paragraph (1), the order shall authorize the appointment
of special committees composed of persons other than
Board members.
(B) Consultation.--A committee appointed under
subparagraph (A) shall consult directly with the Board.
(o) Other Terms of the Order.--The order shall contain such other
terms and provisions, consistent with this title, as are necessary to
carry out this title (including provision for the assessment of interest
and a charge for each late payment of assessments under subsection (h)).
SEC. 1206. REFERENDA.
(a) Requirements for Initial Referendum.--
(1) Referendum required.--During the 60-day period
immediately preceding the proposed effective date of an order
issued under section 1204(b)(3), the Secretary shall conduct a
referendum among producers and importers required to pay
assessments under the order, as provided in section 1205(h)(1).
(2) Approval of order needed.--The order shall become
effective only if the Secretary determines that the order has
been approved by a simple majority of all votes cast in the
referendum.
(b) Votes Permitted.--
(1) In general.--Each producer and importer eligible to vote
in a referendum conducted under this section shall be entitled
to cast one vote if they satisfy the eligibility requirements as
defined in paragraph (2).
(2) Eligibility.--For purposes of paragraph (1), producers
and importers, as these terms are defined in section 1203, shall
be considered to be eligible to vote if they have been producers
or importers with sales of Hass avocados during a period of at
least 1 year prior to the referendum.
(c) Manner of Conducting Referenda.--
(1) In general.--Referenda conducted pursuant to this title
shall be conducted in a manner determined by the Secretary.
[[Page 114 STAT. 1549A-92]]
(2) Advance registration.--A producer or importer of Hass
avocados who chooses to vote in any referendum conducted under
this title shall register with the Secretary prior to the voting
period, after receiving notice from the Secretary concerning the
referendum under paragraph (4).
(3) Voting.--A producer or importer of Hass avocados who
chooses to vote in any referendum conducted under this title
shall vote in accordance with procedures established by the
Secretary. The ballots and other information or reports that
reveal or tend to reveal the identity or vote of voters shall be
strictly confidential.
(4) Notice.--The Secretary shall notify all producers and
importers at least 30 days prior to the referendum conducted
under this title. The notice shall explain the procedure
established under this subsection.
(d) Subsequent Referenda.--If an order is approved in a referendum
conducted under subsection (a), effective beginning on the date that is
3 years after the date of the approval, the Secretary--
(1) at the discretion of the Secretary, may conduct at any
time a referendum of producers and importers required to pay
assessments under the order, as provided in section 1205(h)(1),
subject to the voting requirements of subsections (b) and (c),
to ascertain whether eligible producers and importers favor
suspension, termination, or continuance of the order; or
(2) shall conduct a referendum of eligible producers and
importers if requested by the Board or by a representative group
comprising 30 percent or more of all producers and importers
required to pay assessments under the order, as provided in
section 1205(h)(1), subject to the voting requirements of
subsections (b) and (c), to ascertain whether producers and
importers favor suspension, termination, or continuance of the
order.
(e) Suspension or Termination.--If, as a result of a referendum
conducted under subsection (d), the Secretary determines that suspension
or termination of the order is favored by a simple majority of all votes
cast in the referendum, the Secretary shall--
(1) not later than 180 days after the referendum, suspend or
terminate, as appropriate, collection of assessments under the
order; and
(2) suspend or terminate, as appropriate, activities under
the order as soon as practicable and in an orderly manner.
SEC. 1207. PETITION AND REVIEW.
(a) Petition and Hearing.--
(1) Petition.--A person subject to an order may file with
the Secretary a petition--
(A) stating that the order, any provision of the
order, or any obligation imposed in connection with the
order is not in accordance with law; and
(B) requesting a modification of the order or an
exemption from the order.
(2) Hearing.--The petitioner shall be given the opportunity
for a hearing on a petition filed under paragraph (1), in
accordance with regulations issued by the Secretary. Any such
hearing shall be conducted in accordance with section 1209(b)(2)
and
[[Page 114 STAT. 1549A-93]]
be held within the United States judicial district in which the
residence or principal place of business of the person is
located.
(3) Ruling.--After a hearing under paragraph (2), the
Secretary shall make a ruling on the petition, which shall be
final if in accordance with law.
(4) Limitation.--Any petition filed under this subsection
challenging an order, any provision of the order, or any
obligation imposed in connection with the order, shall be filed
within 2 years after the effective date of the order, provision,
or obligation subject to challenge in the petition.
(b) Review.--
(1) Commencement of action.--The district courts of the
United States in any district in which a person who is a
petitioner under subsection (a) resides or conducts business
shall have jurisdiction to review the ruling of the Secretary on
the petition of the person, if a complaint requesting the review
is filed no later than 20 days after the date of the entry of
the ruling by the Secretary.
(2) Process.--Service of process in proceedings under this
subsection shall be conducted in accordance with the Federal
Rules of Civil Procedure.
(3) Remand.--If the court in a proceeding under this
subsection determines that the ruling of the Secretary on the
petition of the person is not in accordance with law, the court
shall remand the matter to the Secretary with directions--
(A) to make such ruling as the court shall determine
to be in accordance with law; or
(B) to take such further action as, in the opinion
the court, the law requires.
(c) Enforcement.--The pendency of proceedings instituted under this
section shall not impede, hinder, or delay the Attorney General or the
Secretary from obtaining relief under section 1208.
SEC. 1208. ENFORCEMENT.
(a) Jurisdiction.--A district court of the United States shall have
jurisdiction to enforce, and to prevent and restrain any person from
violating, this title or an order or regulation issued by the Secretary
under this title.
(b) Referral to Attorney General.--A civil action brought under
subsection (a) shall be referred to the Attorney General for appropriate
action, except that the Secretary is not required to refer to the
Attorney General a violation of this title, or an order or regulation
issued under this title, if the Secretary believes that the
administration and enforcement of this title would be adequately served
by administrative action under subsection (c) or suitable written notice
or warning to the person who committed or is committing the violation.
(c) Civil Penalties and Orders.--
(1) Civil penalties.--
(A) In general.--A person who violates a provision
of this title, or an order or regulation issued by the
Secretary under this title, or who fails or refuses to
pay, collect, or remit any assessment or fee required of
the person under an order or regulation issued under
this title, may be assessed by the Secretary--
[[Page 114 STAT. 1549A-94]]
(i) a civil penalty of not less than $1,000
nor more than $10,000 for each violation; and
(ii) in the case of a willful failure to remit
an assessment as required by an order or
regulation, an additional penalty equal to the
amount of the assessment.
(B) Separate offenses.--Each violation shall be a
separate offense.
(2) Cease and desist orders.--In addition to or in lieu of a
civil penalty under paragraph (1), the Secretary may issue an
order requiring a person to cease and desist from continuing a
violation of this title, or an order or regulation issued under
this title.
(3) Notice and hearing.--No penalty shall be assessed, or
cease and desist order issued, by the Secretary under this
subsection unless the Secretary gives the person against whom
the penalty is assessed or the order is issued notice and
opportunity for a hearing before the Secretary with respect to
the violation. Any such hearing shall be conducted in accordance
with section 1209(b)(2) and shall be held within the United
States judicial district in which the residence or principal
place of business of the person is located.
(4) Finality.--The penalty assessed or cease and desist
order issued under this subsection shall be final and conclusive
unless the person against whom the penalty is assessed or the
order is issued files an appeal with the appropriate district
court of the United States in accordance with subsection (d).
(d) Review by District Court.--
(1) Commencement of action.--
(A) In general.--Any person against whom a violation
is found and a civil penalty is assessed or a cease and
desist order is issued under subsection (c) may obtain
review of the penalty or order by, within the 30-day
period beginning on the date the penalty is assessed or
the order is issued--
(i) filing a notice of appeal in the district
court of the United States for the district in
which the person resides or conducts business, or
in the United States District Court for the
District of Columbia; and
(ii) sending a copy of the notice by certified
mail to the Secretary.
(B) Copy of record.--The Secretary shall promptly
file in the court a certified copy of the record on
which the Secretary found that the person had committed
a violation.
(2) Standard of review.--A finding of the Secretary shall be
set aside under this subsection only if the finding is found to
be unsupported by substantial evidence.
(e) Failure To Obey an Order.--
(1) In general.--A person who fails to obey a cease and
desist order issued under subsection (c) after the order has
become final and unappealable, or after the appropriate United
States district court had entered a final judgment in favor of
the Secretary of not more than $10,000 for each offense, after
opportunity for a hearing and for judicial review under the
procedures specified in subsections (c) and (d).
[[Page 114 STAT. 1549A-95]]
(2) Separate violations.--Each day during which the person
fails to obey an order described in paragraph (1) shall be
considered as a separate violation of the order.
(f ) Failure To Pay a Penalty.--
(1) In general.--If a person fails to pay a civil penalty
assessed under subsection (c) or (e) after the penalty has
become final and unappealable, or after the appropriate United
States district court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney
General for recovery of the amount assessed in any United States
district court in which the person resides or conducts business.
(2) Scope of review.--In an action by the Attorney General
under paragraph (1), the validity and appropriateness of a civil
penalty shall not be subject to review.
(g) Additional Remedies.--The remedies provided in this title shall
be in addition to, and not exclusive of, other remedies that may be
available.
SEC. 1209. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) Investigations.--The Secretary may conduct such investigations
as the Secretary considers necessary for the effective administration of
this title, or to determine whether any person has engaged or is
engaging in any act that constitutes a violation of this title or any
order or regulation issued under this title.
(b) Subpoenas, Oaths, and Affirmations.--
(1) Investigations.--For the purpose of conducting an
investigation under subsection (a), the Secretary may administer
oaths and affirmations, subpoena witnesses, compel the
attendance of witnesses, take evidence, and require the
production of any records that are relevant to the inquiry. The
production of the records may be required from any place in the
United States.
(2) Administrative hearings.--For the purpose of an
administrative hearing held under section 1207(a)(2) or
1208(c)(3), the presiding officer may administer oaths and
affirmations, subpoena witnesses, compel the attendance of
witnesses, take evidence, and require the production of any
records that are relevant to the inquiry. The attendance of
witnesses and the production of the records may be required from
any place in the United States.
(c) Aid of Courts.--
(1) In general.--In the case of contumacy by, or refusal to
obey a subpoena issued under subsection (b) to, any person, the
Secretary may invoke the aid of any court of the United States
within the jurisdiction of which the investigation or proceeding
is conducted, or where the person resides or conducts business,
in order to enforce a subpoena issued under subsection (b).
(2) Order.--The court may issue an order requiring the
person referred to in paragraph (1) to comply with a subpoena
referred to in paragraph (1).
(3) Failure to obey.--Any failure to obey the order of the
court may be punished by the court as a contempt of court.
(4) Process.--Process in any proceeding under this
subsection may be served in the United States judicial district
[[Page 114 STAT. 1549A-96]]
in which the person being proceeded against resides or conducts
business, or wherever the person may be found.
SEC. 1210. CONFIDENTIALITY.
(a) Prohibition.--No information regarding names of voters or how a
person voted in a referendum conducted under this title shall be made
public.
(b) Penalty.--Any person who knowingly violates subsection (a) or
the confidentiality terms of an order, as described in section
1205(m)(2), shall be subject to a fine of not less that $1,000 nor more
than $10,000 or to imprisonment for not more than 1 year, or both. If
the person is an officer or employee of the Department of Agriculture or
the Board, the person shall be removed from office.
(c) Additional Prohibition.--No information obtained under this
title may be made available to any agency or officer of the Federal
Government for any purpose other than the implementation of this title
or an investigatory or enforcement action necessary for the
implementation of this title.
(d) Withholding Information From Congress Prohibited.--Nothing in
this title shall be construed to authorize the withholding of
information from Congress.
SEC. 1211. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE ORDER.
(a) Grounds for Suspension or Termination.--If the Secretary finds
that an order, or any provision of the order, obstructs or does not tend
to effectuate the policy of this title specified in section 1202(b), the
Secretary shall terminate or suspend the operation of the order or
provision under such terms as the Secretary determines are appropriate.
(b) Effect of Lack of Approval of Order.--If, as a result of a
referendum, the Secretary determines that the order is not approved, the
Secretary shall, within 180 days after making the determination,
suspend, or terminate, as appropriate, collection of assessments under
the order, and suspend or terminate, as appropriate, activities under
the order in an orderly manner as soon as possible.
SEC. 1212. RULES OF CONSTRUCTION.
(a) Termination or Suspension Not an Order.--The termination or
suspension of an order, or a provision of an order, shall not be
considered an order under the meaning of this title.
(b) Rights.--This title--
(1) may not be construed to provide for control of
production or otherwise limit the right of individual Hass
avocado growers, handlers and importers to produce, handle, or
import Hass avocados; and
(2) shall be construed to treat all persons producing,
handling, and importing Hass avocados fairly and to implement
any order in an equitable manner.
(c) Other Programs.--Nothing in this title may be construed to
preempt or supersede any other program relating to Hass avocado
promotion, research, industry information, and consumer information
organized and operated under the laws of the United States or of a
State.
[[Page 114 STAT. 1549A-97]]
SEC. 1213. REGULATIONS.
The Secretary may issue such regulations as are necessary to carry
out this title and the powers vested in the Secretary by this title,
including regulations relating to the assessment of late payment charges
and interest.
SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for each
fiscal year such sums as are necessary to carry out this title.
(b) Administrative Expenses.--Funds appropriated under subsection
(a) may not be used for the payment of the expenses or expenditures of
the Board in administering a provision of an order.
TITLE XIII--DEBT REDUCTION
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001 into the
account established under section 3113(d) of title 31, United States
Code, to reduce the public debt, $5,000,000,000.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2001''.