[107th Congress Public Law 76]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ076.107]
[[Page 703]]
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2002
[[Page 115 STAT. 704]]
Public Law 107-76
107th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 2002, and for other purposes. <<NOTE: Nov. 28,
2001 - [H.R. 2330]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002.>> That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30, 2002,
and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,992,000: Provided, That not to exceed $11,000 of this amount
shall be available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary: Provided
further, That none of the funds appropriated or otherwise made available
by this Act may be used to pay the salaries and expenses of personnel of
the Department of Agriculture to carry out section 793(c)(1)(C) of
Public Law 104-127: Provided further, That none of the funds made
available by this Act may be used to enforce section 793(d) of Public
Law 104-127.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as authorized
by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $7,704,000.
[[Page 115 STAT. 705]]
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $12,869,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $7,041,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $10,000 is for employment under 5 U.S.C. 3109, $10,029,000.
common computing environment
For necessary expenses to acquire a Common Computing Environment for
the Natural Resources Conservation Service, the Farm and Foreign
Agricultural Service and Rural Development mission areas for information
technology, systems, and services, $59,369,000, to remain available
until expended, for the capital asset acquisition of shared information
technology systems, including services as authorized by 7 U.S.C. 6915-16
and 40 U.S.C. 1421-28: Provided, That obligation of these funds shall be
consistent with the Department of Agriculture Service Center
Modernization Plan of the county-based agencies, and shall be with the
concurrence of the Department's Chief Information Officer.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109, $5,384,000: Provided,
That the Chief Financial Officer shall actively market and expand cross-
servicing activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this
Act, $647,000.
[[Page 115 STAT. 706]]
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings, $187,647,000, to
remain available until expended: Provided, That the Secretary of
Agriculture may transfer a share of that agency's appropriation made
available by this Act to this appropriation, or may transfer a share of
this appropriation to that agency's appropriation to cover the costs of
new or replacement space for such agency, but such transfers shall not
exceed 5 percent of the funds made available for space rental and
related costs to or from this account.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9601 et seq., and the Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq., $15,665,000, to remain available
until expended: Provided, That appropriations and funds available herein
to the Department for Hazardous Materials Management may be transferred
to any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $37,079,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration and disaster management of the
Department, repairs and alterations, and other miscellaneous supplies
and expenses not otherwise provided for and necessary for the practical
and efficient work of the Department, including employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $10,000 is for employment under 5
U.S.C. 3109: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
outreach for socially disadvantaged farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,243,000, to remain available until expended.
[[Page 115 STAT. 707]]
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,718,000: Provided, That these
funds may be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level: Provided
further, That no other funds appropriated to the Department by this Act
shall be available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the dissemination
of agricultural information, and the coordination of information, work,
and programs authorized by Congress in the Department, $8,894,000,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 shall be available for employment under 5 U.S.C. 3109, and not
to exceed $2,000,000 may be used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General
Act of 1978, $70,839,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including not to exceed $50,000 for employment under 5 U.S.C.
3109; and including not to exceed $125,000 for certain confidential
operational expenses, including the payment of informants, to be
expended under the direction of the Inspector General pursuant to Public
Law 95-452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$32,627,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$573,000.
[[Page 115 STAT. 708]]
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$67,200,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
marketing surveys, and the Census of Agriculture, as authorized by 7
U.S.C. 1621-1627, Public Law 105-113, and other laws, $113,786,000, of
which up to $25,350,000 shall be available until expended for the Census
of Agriculture: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be
available for employment under 5 U.S.C. 3109.
Agricultural Research Service
salaries and expenses
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $979,464,000: Provided, That appropriations hereunder shall
be available for temporary employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, <<NOTE: 7 USC 2254.>> 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
[[Page 115 STAT. 709]]
available for granting easements at the Beltsville Agricultural Research
Center, including an easement to the University of Maryland to construct
the Transgenic Animal Facility which upon completion shall be accepted
by the Secretary as a gift: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or operating
any research facility or research project of the Agricultural Research
Service, as authorized by law.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
In fiscal year 2002, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account, and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $118,987,000,
to remain available until expended (7 U.S.C. 2209b): Provided, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing any research
facility of the Agricultural Research Service, as authorized by law.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$542,062,000, as follows: to carry out the provisions of the Hatch Act
(7 U.S.C. 361a-i), $180,148,000; for grants for cooperative forestry
research (16 U.S.C. 582a-a7), $21,884,000; for payments to the 1890
land-grant colleges, including Tuskegee University (7 U.S.C. 3222),
$34,604,000, of which $1,507,496 shall be made available only for the
purpose of ensuring that each institution shall receive no less than
$1,000,000; for special grants for agricultural research (7 U.S.C.
450i(c)), $97,008,000; for special grants for agricultural research on
improved pest control (7 U.S.C. 450i(c)), $15,206,000; for competitive
research grants (7 U.S.C. 450i(b)), $120,452,000; for the support of
animal health and disease programs (7 U.S.C. 3195), $5,098,000; for
supplemental and alternative crops and products (7 U.S.C. 3319d),
$924,000; for grants for research pursuant to the Critical Agricultural
Materials Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and
Agriculture Act of 1977 (7 U.S.C. 3318), $720,000, to remain available
until expended; for the 1994 research program (7 U.S.C. 301 note),
[[Page 115 STAT. 710]]
$998,000, to remain available until expended; for higher education
graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,993,000, to remain
available until expended (7 U.S.C. 2209b); for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $4,340,000; for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)),
$998,000, to remain available until expended (7 U.S.C. 2209b); for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241), $3,492,000; for noncompetitive grants for the purpose of carrying
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78)
to individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded equally to each
of the States of Alaska and Hawaii, $2,997,000; for a secondary
agriculture education program and 2-year post-secondary education (7
U.S.C. 3152(h)), $1,000,000; for aquaculture grants (7 U.S.C. 3322),
$3,996,000; for sustainable agriculture research and education (7 U.S.C.
5811), $12,500,000; for a program of capacity building grants (7 U.S.C.
3152(b)(4)) to colleges eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
University, $9,479,000, to remain available until expended (7 U.S.C.
2209b); for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382, $1,549,000; and for necessary expenses
of Research and Education Activities, of which not to exceed $100,000
shall be for employment under 5 U.S.C. 3109, $21,676,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products: Provided, That this paragraph shall not
apply to research on the medical, biotechnological, food, and industrial
uses of tobacco.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $7,100,000.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa,
$439,473,000, as follows: payments for cooperative extension work under
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of
said Act, and under section 208(c) of Public Law 93-471, for retirement
and employees' compensation costs for extension agents and for costs of
penalty mail for cooperative extension agents and State extension
directors, $275,940,000, of which $3,600,000 may be used to carry out
Public Law 107-19; payments for extension work at the 1994 Institutions
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,273,000; payments for
the nutrition and family education program for low-income areas under
section 3(d) of the Act, $58,566,000; payments for the pest management
program under section 3(d) of the Act, $10,759,000; payments for the
farm safety program under section 3(d) of the Act, $5,250,000; payments
to upgrade research, extension, and teaching facilities at the 1890
land-grant colleges, including Tuskegee University, as authorized by
section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $13,500,000, to
remain available until expended; payments for the rural development
centers under section 3(d) of the Act, $953,000; payments for youth-at-
[[Page 115 STAT. 711]]
risk programs under section 3(d) of the Act, $8,481,000; for youth farm
safety education and certification extension grants, to be awarded
competitively under section 3(d) of the Act, $499,000; payments for
carrying out the provisions of the Renewable Resources Extension Act of
1978, $4,093,000; payments for Indian reservation agents under section
3(d) of the Act, $1,996,000; payments for sustainable agriculture
programs under section 3(d) of the Act, $4,750,000; payments for rural
health and safety education as authorized by section 2390 of Public Law
101-624 (7 U.S.C. 2661 note, 2662), $2,622,000; payments for cooperative
extension work by the colleges receiving the benefits of the second
Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University,
$31,181,000, of which $1,724,884 shall be made available only for the
purpose of ensuring that each institution shall receive no less than
$1,000,000; and for Federal administration and coordination including
administration of the Smith-Lever Act, and the Act of September 29, 1977
(7 U.S.C. 341-349), and section 1361(c) of the Act of October 3, 1980 (7
U.S.C. 301 note), and to coordinate and provide program leadership for
the extension work of the Department and the several States and insular
possessions, $17,610,000: Provided, That funds hereby appropriated
pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of
the Act of June 23, 1972, shall not be paid to any State, the District
of Columbia, Puerto Rico, Guam, or the Virgin Islands, Micronesia,
Northern Marianas, and American Samoa prior to availability of an equal
sum from non-Federal sources for expenditure during the current fiscal
year.
integrated activities
For the integrated research, education, and extension competitive
grants programs, including necessary administrative expenses, as
authorized under section 406 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7626), $42,853,000, as
follows: payments for the water quality program, $12,971,000; payments
for the food safety program, $14,967,000; payments for the national
agriculture pesticide impact assessment program, $4,531,000; payments
for the Food Quality Protection Act risk mitigation program for major
food crop systems, $4,889,000; payments for the crops affected by Food
Quality Protection Act implementation, $1,497,000; payments for the
methyl bromide transition program, $2,498,000; and payments for the
organic transition program, $1,500,000.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service; the Agricultural Marketing Service; and the Grain
Inspection, Packers and Stockyards Administration; $654,000.
[[Page 115 STAT. 712]]
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under the Acts
of March 2, 1931 (46 Stat. 1468) and December 22, 1987 (101 Stat. 1329-
1331) (7 U.S.C. 426-426c); and to protect the environment, as authorized
by law, $620,490,000, of which $4,096,000 shall be available for the
control of outbreaks of insects, plant diseases, animal diseases and for
control of pest animals and birds to the extent necessary to meet
emergency conditions; of which $77,355,000 shall be used for the boll
weevil eradication program for cost share purposes or for debt
retirement for active eradication zones: Provided, That no funds shall
be used to formulate or administer a brucellosis eradication program for
the current fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this appropriation
shall be available for field employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $40,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided
further, <<NOTE: 21 USC 129.>> That, in addition, in emergencies which
threaten any segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department such sums as
may be deemed necessary, to be available only in such emergencies for
the arrest and eradication of contagious or infectious disease or pests
of animals, poultry, or plants, and for expenses in accordance with the
Act of February 28, 1947, and section 102 of the Act of September 21,
1944, and any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2002, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
[[Page 115 STAT. 713]]
Of the total amount available under this heading in fiscal year
2002, $84,813,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $7,189,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses to carry out services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, including field employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225) and not to exceed $90,000 for employment under 5 U.S.C.
3109, $71,430,000, including funds for the wholesale market development
program for the design and development of wholesale and farmer market
facilities for the major metropolitan areas of the country: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,596,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $13,995,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
[[Page 115 STAT. 714]]
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,347,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain under
the Agricultural Marketing Act of 1946, including field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment under 5
U.S.C. 3109, $33,117,000: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional supervision
and oversight, or other uncontrollable factors occur, this limitation
may be exceeded by up to 10 percent with notification to the Committees
on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the Congress
for the Food Safety and Inspection Service, $476,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $715,642,000, of which no
less than $608,730,000 shall be available for Federal food inspection;
and in addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1017 of Public Law 102-237: Provided, That this appropriation
shall be available for field employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $75,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
[[Page 115 STAT. 715]]
the fiscal year shall not exceed 10 percent of the current replacement
value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $606,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$939,030,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That these funds shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$1,000,000 shall be available for employment under 5 U.S.C. 3109.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987 (7 U.S.C. 5101-5106), $3,493,000.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, $100,000, to remain available until expended:
Provided, That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,146,996,000, of which $1,000,000,000 shall be for
guaranteed loans and $146,996,000 shall be for direct loans; operating
loans, $2,616,729,000, of which $1,500,000,000 shall be for unsubsidized
guaranteed loans,
[[Page 115 STAT. 716]]
$505,531,000 shall be for subsidized guaranteed loans and $611,198,000
shall be for direct loans; Indian tribe land acquisition loans as
authorized by 25 U.S.C. 488, $2,000,000; for emergency insured loans,
$25,000,000 to meet the needs resulting from natural disasters; and for
boll weevil eradication program loans as authorized by 7 U.S.C. 1989,
$100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $8,366,000, of which
$4,500,000 shall be for guaranteed loans; operating loans, $175,780,000,
of which $52,650,000 shall be for unsubsidized guaranteed loans and
$68,550,000 shall be for subsidized guaranteed loans; Indian tribe land
acquisition loans as authorized by 25 U.S.C. 488, $118,400; and for
emergency insured loans, $3,362,500 to meet the needs resulting from
natural disasters.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $280,595,000, of which $272,595,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs: Provided, That
the Committees on Appropriations of both Houses of Congress are notified
at least 15 days in advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933),
$74,752,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act, such sums as may be necessary, to remain available until
expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
reimbursement for net realized losses
For fiscal year 2002, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses
[[Page 115 STAT. 717]]
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
(limitation on expenses)
For fiscal year 2002, the Commodity Credit Corporation shall not
expend more than $5,000,000 for site investigation and cleanup expenses,
and operations and maintenance expenses to comply with the requirement
of section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of
the Resource Conservation and Recovery Act, 42 U.S.C. 6961.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $730,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$779,000,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $8,515,000 is for snow survey and water forecasting,
and not less than $9,849,000 is for operation and establishment of the
plant materials centers, and of which not less than $21,500,000 shall be
for the grazing lands conservation initiative: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements at
plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as
[[Page 115 STAT. 718]]
provided in 7 U.S.C. 2250a: Provided further, That this appropriation
shall be available for technical assistance and related expenses to
carry out programs authorized by section 202(c) of title II of the
Colorado River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):
Provided further, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
qualified local engineers may be temporarily employed at per diem rates
to perform the technical planning work of the Service (16 U.S.C. 590e-
2).
watershed surveys and planning
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1009), $10,960,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$110,000 shall be available for employment under 5 U.S.C. 3109.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005
and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C.
590a-f), and in accordance with the provisions of laws relating to the
activities of the Department, $106,590,000, to remain available until
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act approved June
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to
exceed $45,514,000 of this appropriation shall be available for
technical assistance: Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$200,000 shall be available for employment under 5 U.S.C. 3109: Provided
further, That not to exceed $1,000,000 of this appropriation is
available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
watershed rehabilitation program
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001 et seq.),
as amended by section 313 of Public Law 106-472, November 9, 2000 (16
U.S.C. 1012), and in accordance with
[[Page 115 STAT. 719]]
the provisions of laws relating to the activities of the Department,
$10,000,000, to remain available until expended.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935
(16 U.S.C. 590a-f); and the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), $48,048,000, to remain available until expended (7 U.S.C.
2209b): Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
forestry incentives program
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,811,000, to remain available until
expended, as authorized by that Act.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $623,000.
rural community advancement program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H, 381N, and 381O of the Consolidated Farm and Rural
Development Act, $806,557,000, to remain available until expended, of
which $83,545,000 shall be for rural community programs described in
section 381E(d)(1) of such Act; of which $646,512,000 shall be for the
rural utilities programs described in sections 381E(d)(2), 306C(a)(2),
and 306D of such Act; and of which $76,500,000 shall be for the rural
business and cooperative development programs described in sections
381E(d)(3) and 310B(f) of such Act: Provided, That of the total amount
appropriated in this account, $24,000,000 shall be for loans and grants
to benefit Federally Recognized Native American Tribes, including grants
for drinking water and waste disposal systems pursuant to section 306C
of such Act, of which $4,000,000 shall be available for community
facilities grants to tribal colleges, as authorized by section
306(a)(19) of the Consolidated Farm and Rural Development Act, and of
which $250,000 shall be available for a grant to a qualified
[[Page 115 STAT. 720]]
national organization to provide technical assistance for rural
transportation in order to promote economic development: Provided
further, That of the amount appropriated for rural community programs,
$6,000,000 shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used solely to
develop the capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes to
undertake projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided further, That
such funds shall be made available to qualified private, nonprofit and
public intermediary organizations proposing to carry out a program of
financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the amount
appropriated for the rural business and cooperative development
programs, not to exceed $500,000 shall be made available for a grant to
a qualified national organization to provide technical assistance for
rural transportation in order to promote economic development; and
$2,000,000 shall be for grants to Mississippi Delta Region counties:
Provided further, That of the amount appropriated for rural utilities
programs, not to exceed $20,000,000 shall be for water and waste
disposal systems to benefit the Colonias along the United States/Mexico
border, including grants pursuant to section 306C of such Act; not to
exceed $24,000,000 shall be for water and waste disposal systems for
rural and native villages in Alaska pursuant to section 306D of such
Act, with up to 1 percent available to administer the program and up to
1 percent available to improve interagency coordination may be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''; not to exceed $17,465,000, shall
be for technical assistance grants for rural water and waste systems
pursuant to section 306(a)(14) of such Act, of which $5,250,000 shall be
for Rural Community Assistance Programs; and not to exceed $11,000,000
shall be for contracting with qualified national organizations for a
circuit rider program to provide technical assistance for rural water
systems: Provided further, That of the total amount appropriated, not to
exceed $37,624,000 shall be available through June 30, 2002, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones; of which $1,163,000 shall be for the rural community
programs described in section 381E(d)(1) of such Act, of which
$27,431,000 shall be for the rural utilities programs described in
section 381E(d)(2) of such Act, and of which $9,030,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act: Provided further, That of the amount
appropriated for rural community programs, not to exceed $25,000,000
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with 5 percent for administration and capacity building in the
State rural development offices: Provided further, That of the amount
appropriated $30,000,000 shall be to provide grants in rural communities
with extremely high energy costs: Provided further, That any prior year
balances for high cost
[[Page 115 STAT. 721]]
energy grants authorized by section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 901(19)) shall be transferred to and merged with the
``Rural Utilities Service, High Energy Costs Grants'' account: Provided
further, That of the funds appropriated by this Act to the Rural
Community Advancement Program for guaranteed business and industry
loans, funds may be transferred to direct business and industry loans as
deemed necessary by the Secretary and with prior approval of the
Committees on Appropriations of both Houses of Congress.
rural development salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$133,722,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 may be
used for employment under 5 U.S.C. 3109: Provided further, That not more
than $10,000 may be expended to provide modest nonmonetary awards to
non-USDA employees: Provided further, That any balances available from
prior years for the Rural Utilities Service, Rural Housing Service, and
the Rural Business-Cooperative Service salaries and expenses accounts
shall be transferred to and merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfer of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$4,217,816,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $1,079,848,000 shall be for direct loans, and of
which $3,137,968,000 shall be for unsubsidized guaranteed loans;
$32,324,000 for section 504 housing repair loans; $114,068,000 for
section 515 rental housing; $99,770,000 for section 538 guaranteed
multi-family housing loans; $5,090,000 for section 524 site loans;
$11,778,000 for credit sales of acquired property, of which up to
$1,778,000 may be for multi-family credit sales; and $5,000,000 for
section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $182,274,000 of which
$142,108,000 shall be for direct loans, and of which $40,166,000 shall
be for unsubsidized guaranteed loans; section 504 housing repair loans,
$10,386,000; section 515 rental housing, $48,274,000; section 538 multi-
family housing guaranteed loans, $3,921,000; section 524 site loans,
$28,000; multi-family credit sales of acquired property, $750,000; and
section 523 self-help housing land development loans, $254,000:
Provided, That of the total amount appropriated in this paragraph,
$11,656,000
[[Page 115 STAT. 722]]
shall be available through June 30, 2002, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $422,241,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
Of the amounts made available under this heading in chapter 1 of
title II of Public Law 106-246 (114 Stat. 540) for gross obligations for
principal amount of direct loans authorized by title V of the Housing
Act of 1949 for section 515 rental housing, the Secretary of Agriculture
may use up to $5,986,197 for rental assistance agreements described in
the item relating to ``Rental Assistance Program'' in such chapter:
Provided, That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Control Act of 1985, as amended.
In making available for occupancy dwelling units in housing that is
provided with funds made available under the heading referred to in the
preceding paragraph, the Secretary of Agriculture may give preference to
prospective tenants who are residing in temporary housing provided by
the Federal Emergency Management Agency as a result of an emergency.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $701,004,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount, not more than $5,900,000 shall be
available for debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to exceed $10,000
per project for advances to nonprofit organizations or public agencies
to cover direct costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided further,
That agreements entered into or renewed during fiscal year 2002 shall be
funded for a 5-year period, although the life of any such agreement may
be extended to fully utilize amounts obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $35,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be available through June 30, 2002, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
[[Page 115 STAT. 723]]
rural housing assistance grants
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$38,914,000, to remain available until expended: Provided, That of the
total amount appropriated, $1,200,000 shall be available through June
30, 2002, for authorized empowerment zones and enterprise communities
and communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $31,431,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
Rural Business--Cooperative Service
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), $38,171,000.
For the cost of direct loans, $16,494,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be for Federally Recognized Native American Tribes and of which
$3,449,000 shall be for Mississippi Delta Region counties (as defined by
Public Law 100-460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That of the total
amount appropriated, $2,730,000 shall be available through June 30,
2002, for the cost of direct loans for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $3,733,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$14,966,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,616,000.
Of the funds derived from interest on the cushion of credit payments
in fiscal year 2002, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,616,000 shall not be obligated and
$3,616,000 are rescinded.
[[Page 115 STAT. 724]]
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $7,750,000, of which $2,500,000 shall be available for
cooperative agreements for the appropriate technology transfer for rural
areas program: Provided, That not to exceed $1,497,000 of the total
amount appropriated shall be made available to cooperatives or
associations of cooperatives whose primary focus is to provide
assistance to small, minority producers and whose governing board and/or
membership is comprised of at least 75 percent minority.
rural empowerment zones and enterprise communities grants
For grants in connection with a second round of empowerment zones
and enterprise communities, $14,967,000, to remain available until
expended, for designated rural empowerment zones and rural enterprise
communities, as authorized by the Taxpayer Relief Act of 1997 and the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277).
Rural Utilities Service
rural electrification and telecommunications loans program account
(including transfer of funds)
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $121,107,000; municipal rate rural
electric loans, $500,000,000; loans made pursuant to section 306 of that
Act, rural electric, $2,700,000,000; Treasury rate direct electric
loans, $750,000,000; 5 percent rural telecommunications loans,
$74,827,000; cost of money rural telecommunications loans, $300,000,000;
and loans made pursuant to section 306 of that Act, rural
telecommunications loans, $120,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936), as follows: cost of rural electric loans,
$3,689,000, and the cost of telecommunication loans, $2,036,000:
Provided, That notwithstanding section 305(d)(2) of the Rural
Electrification Act of 1936, borrower interest rates may exceed 7
percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $36,000,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
[[Page 115 STAT. 725]]
rural telephone bank program account
(including transfer of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 2002 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $174,615,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$3,737,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,082,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning and telemedicine program
For the principal amount of direct distance learning and
telemedicine loans, $300,000,000; and for the principal amount of
broadband telecommunication loans, $80,000,000.
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $49,441,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas: Provided, That $22,500,000 may be available for
the continuation of a pilot project for a loan and grant program to
finance broadband transmission and local dial-up Internet service in
areas that meet the definition of ``rural area'' used for the Distance
Learning and Telemedicine Program authorized by 7 U.S.C. 950aaa:
Provided further, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974.
local television loan guarantee program account
(including transfer of funds)
For gross obligations for the principal amount of guaranteed loans,
as authorized by title X of Public Law 106-553 for the purpose of
facilitating access to signals of local television stations for
households located in nonserved areas and underserved areas,
$258,065,000.
For the cost of guaranteed loans, including the cost of modifying
loans as defined in section 502 of the Congressional Budget Act of 1974,
$20,000,000.
In addition, for administrative expenses necessary to carry out the
guaranteed loan program, $2,000,000, which shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries and
Expenses''.
[[Page 115 STAT. 726]]
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$587,000.
Food and Nutrition Service
child nutrition programs
(including transfer of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$10,087,246,000, to remain available through September 30, 2003, of
which $4,914,788,000 is hereby appropriated and $5,172,458,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That of the funds made available under this heading,
$500,000 shall be for a School Breakfast Program startup grant pilot
program for the State of Wisconsin: Provided further, That up to
$4,507,000 shall be available for independent verification of school
food service claims.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $4,348,000,000, to remain available through
September 30, 2003: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That of the total amount available, the Secretary shall
obligate $10,000,000 for the farmers' market nutrition program within 45
days of the enactment of this Act, and up to an additional $15,000,000
for the farmers' market nutrition program upon a determination by the
Secretary that funds are available to meet caseload requirements:
Provided further, That notwithstanding section 17(h)(10)(A) of such Act,
$10,000,000 shall be available for the purposes specified in section
17(h)(10)(B), and up to an additional $4,000,000 shall be available for
the purposes specified in section 17(h)(10)(B) upon a determination by
the Secretary that funds are available to meet caseload requirements:
Provided further, That none of the funds in this Act shall be available
to pay administrative expenses of WIC clinics except those that have an
announced policy of prohibiting smoking within the space used to carry
out the program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost
[[Page 115 STAT. 727]]
containment and competitive bidding requirements specified in section 17
of such Act: Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act.
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $22,991,986,000, of which $2,000,000,000 shall be placed
in reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That of the funds
made available under this heading and not already appropriated to the
Food Distribution Program on Indian Reservations (FDPIR) established
under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not
to exceed $3,000,000 shall be used to purchase bison meat for the FDPIR
from producer-owned cooperative organizations: Provided further, That
none of the funds made available under this heading shall be used for
studies and evaluations: Provided further, That funds provided herein
shall be expended in accordance with section 16 of the Food Stamp Act:
Provided further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That of funds that may be reserved by the Secretary
for allocation to State agencies under section 16(h)(1) of such Act to
carry out Employment and Training programs, not more than $145,000,000
made available in previous years may be obligated in fiscal year 2002:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act: Provided further, That funds
provided under this heading may be used to procure food coupons
necessary for program operations in this or subsequent fiscal years
until electronic benefit transfer implementation is complete.
commodity assistance program
(including rescission)
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food
Assistance Act of 1983, $152,813,000, to remain available through
September 30, 2003: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That of the total amount
available, the Secretary shall provide $10,000,000 for senior farmers'
market activities: Provided further, That notwithstanding section
5(a)(2) of the Agriculture and Consumer Protection Act of 1973 (Public
Law 93-86; 7 U.S.C. 612c note), $20,820,000 of this amount shall be
available for administrative expenses of the commodity supplemental food
program: Provided further, That $3,300,000 of unobligated balances
available at the beginning of fiscal year 2002 are hereby rescinded.
[[Page 115 STAT. 728]]
food donations programs
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973; special assistance for the nuclear
affected islands as authorized by section 103(h)(2) of the Compacts of
Free Association Act of 1985; and section 311 of the Older Americans Act
of 1965, $150,749,000, to remain available through September 30, 2003.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $127,546,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp benefit delivery, and
assisting in the prevention, identification, and prosecution of fraud
and other violations of law and of which not less than $6,500,000 shall
be available to improve integrity in the Food Stamp and Child Nutrition
programs: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be
available for employment under 5 U.S.C. 3109.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $121,813,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development: Provided
further, That none of the funds appropriated in this account may be used
to pay the salaries and expenses of personnel to disburse funds to any
rice trade association under the market access program or the foreign
market development program at any time when the applicable international
activity agreement for such program is not in effect.
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
[[Page 115 STAT. 729]]
public law 480 title i program account
(including transfers of funds)
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of agreements under the Agricultural Trade Development and
Assistance Act of 1954, and the Food for Progress Act of 1985, including
the cost of modifying credit arrangements under said Acts, $126,409,000,
to remain available until expended.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $2,005,000, of which $1,033,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses'', and of which $972,000 may be transferred to and
merged with the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
public law 480 title i ocean freight differential grants
(including transfers of funds)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural Trade
Development and Assistance Act of 1954 and under the Food for Progress
Act of 1985, $20,277,000, to remain available until expended: Provided,
That funds made available for the cost of agreements under title I of
the Agricultural Trade Development and Assistance Act of 1954 and for
title I ocean freight differential may be used interchangeably between
the two accounts with prior notice to the Committees on Appropriations
of both Houses of Congress.
public law 480 title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, $850,000,000, to remain available until expended, for commodities
supplied in connection with dispositions abroad under title II of said
Act.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $4,014,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $3,224,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $790,000 may
be transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
[[Page 115 STAT. 730]]
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; $1,345,386,000, of which not to exceed
$161,716,000 to be derived from prescription drug user fees authorized
by 21 U.S.C. 379(h), including any such fees assessed prior to the
current fiscal year but credited during the current year, in accordance
with section 736(g)(4), shall be credited to this appropriation and
remain available until expended: Provided, That fees derived from
applications received during fiscal year 2002 shall be subject to the
fiscal year 2002 limitation: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $312,049,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $352,647,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs, of which no less than $13,207,000 shall be available
for grants and contracts awarded under section 5 of the Orphan Drug Act
(21 U.S.C. 360ee); (3) $155,875,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $82,967,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $179,521,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $37,082,000 shall be for the
National Center for Toxicological Research; (7) $29,798,000 shall be for
Rent and Related activities, other than the amounts paid to the General
Services Administration, of which $4,000,000 for costs related to
occupancy of new facilities at White Oak, Maryland, shall remain
available until September 30, 2003; (8) $105,116,000 shall be for
payments to the General Services Administration for rent and related
costs; and (9) $90,331,000 shall be for other activities, including the
Office of the Commissioner; the Office of Management and Systems; the
Office of the Senior Associate Commissioner; the Office of International
and Constituent Relations; the Office of Policy, Legislation, and
Planning; and central services for these offices: Provided further, That
funds may be transferred from one specified activity to another with the
prior approval of the Committees on Appropriations of both Houses of
Congress.
[[Page 115 STAT. 731]]
In addition, mammography user fees authorized by 42 U.S.C. 263(b)
may be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $34,281,000, to
remain available until expended (7 U.S.C. 2209b).
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and elsewhere; and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $70,700,000, including not
to exceed $2,000 for official reception and representation expenses.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $36,700,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for fiscal
year 2002 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 379
passenger motor vehicles, of which 378 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. 703. <<NOTE: 7 USC 1623a.>> 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.
[[Page 115 STAT. 732]]
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. <<NOTE: 7 USC 2209b.>> New obligational authority provided
for the following appropriation items in this Act shall remain available
until expended: Animal and Plant Health Inspection Service, the
contingency fund to meet emergency conditions, fruit fly program,
emerging plant pests, integrated systems acquisition project, boll
weevil program, up to 25 percent of the screwworm program, and up to
$2,000,000 for costs associated with collocating regional offices; Food
Safety and Inspection Service, field automation and information
management project; Cooperative State Research, Education, and Extension
Service, funds for competitive research grants (7 U.S.C. 450i(b)), funds
for the Research, Education and Economics Information System (REEIS),
and funds for the Native American Institutions Endowment Fund; Farm
Service Agency, salaries and expenses funds made available to county
committees; Foreign Agricultural Service, middle-income country training
program and up to $2,000,000 of the Foreign Agricultural Service
appropriation solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation by the
Foreign Agricultural Service.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to section 606C
of the Act of August 28, 1954 (7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the
[[Page 115 STAT. 733]]
Cooperative State Research, Education, and Extension Service that exceed
19 percent of total Federal funds provided under each award: Provided,
That notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the Cooperative
State Research, Education, and Extension Service shall be available to
pay full allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 712. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 2002
shall remain available until expended to cover obligations made in
fiscal year 2002 for the following accounts: the Rural Development Loan
Fund program account; the Rural Telephone Bank program account; the
Rural Electrification and Telecommunications Loans program account; the
Local Television Loan Guarantee program; the Rural Housing Insurance
Fund program account; and the Rural Economic Development Loans program
account.
Sec. 713. Notwithstanding chapter 63 of title 31, United States
Code, marketing services of the Agricultural Marketing Service; the
Grain Inspection, Packers and Stockyards Administration; the Animal and
Plant Health Inspection Service; and the food safety activities of the
Food Safety and Inspection Service may use cooperative agreements to
reflect a relationship between the Agricultural Marketing Service; the
Grain Inspection, Packers and Stockyards Administration; the Animal and
Plant Health Inspection Service; or the Food Safety and Inspection
Service and a state or cooperator to carry out agricultural marketing
programs, to carry out programs to protect the nation's animal and plant
resources, or to carry out educational programs or special studies to
improve the safety of the nation's food supply.
Sec. 714. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act of
1990.
Sec. 715. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 716. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
[[Page 115 STAT. 734]]
Sec. 717. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 718. None of the funds appropriated or otherwise made available
to the Department of Agriculture shall be used to transmit or otherwise
make available to any non-Department of Agriculture employee questions
or responses to questions that are a result of information requested for
the appropriations hearing process.
Sec. 719. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 720. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2002, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices, programs,
or activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committees on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2002, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in existing
programs, activities, or projects as approved by Congress; unless the
Committees on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(c) <<NOTE: Notification.>> 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
[[Page 115 STAT. 735]]
year unless the program or activity is funded by this Act or
specifically funded by any other Act.
Sec. 721. With the exception of funds needed to administer and
conduct oversight of grants awarded and obligations incurred prior to
enactment of this Act, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 793 of Public Law 104-127,
the Fund for Rural America (7 U.S.C. 2204f).
Sec. 722. With the exception of funds needed to administer and
conduct oversight of grants awarded and obligations incurred prior to
enactment of this Act, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out the provisions of section 401 of
Public Law 105-185, the Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621).
Sec. 723. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out a conservation farm option program, as authorized by
section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb).
Sec. 724. <<NOTE: Michigan.>> None of the funds made available to
the Food and Drug Administration by this Act shall be used to reduce the
Detroit, Michigan, Food and Drug Administration District Office below
the operating and full-time equivalent staffing level of July 31, 1999;
or to change the Detroit District Office to a station, residence post or
similarly modified office; or to reassign residence posts assigned to
the Detroit District Office: Provided, That this section shall not apply
to Food and Drug Administration field laboratory facilities or
operations currently located in Detroit, Michigan, except that field
laboratory personnel shall be assigned to locations in the general
vicinity of Detroit, Michigan, pursuant to cooperative agreements
between the Food and Drug Administration and other laboratory facilities
associated with the State of Michigan.
Sec. 725. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted into
law prior to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in the
event the user fees proposals are not enacted prior to the date of the
convening of a committee of conference for the fiscal year 2003
appropriations Act.
Sec. 726. None of the funds made available by this Act or any other
Act may be used to close or relocate a state Rural Development office
unless or until cost effectiveness and enhancement of program delivery
have been determined.
Sec. 727. Of any shipments of commodities made pursuant to section
416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the Secretary
of Agriculture shall, to the extent practicable, direct that tonnage
equal in value to not more than $25,000,000 shall be made available to
foreign countries to assist in mitigating the
[[Page 115 STAT. 736]]
effects of the Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus or
Acquired Immune Deficiency Syndrome in the communities;
and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities, particularly
individuals caring for orphaned children.
Sec. 728. In addition to amounts otherwise appropriated or made
available by this Act, $2,496,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships through the
Congressional Hunger Center.
Sec. 729. <<NOTE: 7 USC 2235a.>> Hereafter, refunds or rebates
received on an on-going basis from a credit card services provider under
the Department of Agriculture's charge card programs may be deposited to
and retained without fiscal year limitation in the Department's Working
Capital Fund established under 7 U.S.C. 2235 and used to fund management
initiatives of general benefit to the Department of Agriculture bureaus
and offices as determined by the Secretary of Agriculture or the
Secretary's designee.
Sec. 730. Notwithstanding section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f) any balances
available to carry out title III of such Act as of the date of enactment
of this Act, and any recoveries and reimbursements that become available
to carry out title III of such Act, may be used to carry out title II of
such Act.
Sec. 731. Section 375(e)(6)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
``$25,000,000'' and inserting ``$26,000,000''.
Sec. 732. None of the funds appropriated or made available by this
Act shall be used to issue a proposed rule for which the comment period
would close prior to September 30, 2002, final, or interim final rule
pursuant to notice and comment rulemaking in relation to any change or
modification of the definition of ``animal'' in existing regulations
pursuant to the Animal Welfare Act.
Sec. 733. <<NOTE: Grants. Loans. State listing.>> Notwithstanding
any other provision of law, the City of Cabot, Arkansas, the City of
Berlin, New Hampshire, and the City of Coachella, California, shall be
eligible for loans and grants provided through the Rural Community
Advancement Program.
Sec. 734. <<NOTE: Arizona.>> Notwithstanding any other provision of
law, the Secretary shall consider the City of Casa Grande, Arizona, as
meeting the requirements of a rural area in section 520 of the Housing
Act of 1949 (42 U.S.C. 1490).
Sec. 735. Of the funds made available under section 27(a) of the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up
to $5,000,000 for administrative costs associated with the distribution
of commodities.
Sec. 736. Notwithstanding any other provision of law, the Secretary
may transfer up to $13,000,000 in funds provided for the Environmental
Quality Incentives Program authorized by
[[Page 115 STAT. 737]]
chapter 4, subtitle D, title XII of the Food Security Act of 1985, for
technical assistance to implement the Conservation Reserve Program
authorized by subchapter B, chapter 1, title XII of the Food Security
Act of 1985, with funds to remain available until expended.
Sec. 737. <<NOTE: Grants. Loans. Missouri.>> Notwithstanding any
other provision of law, the City of St. Joseph, Missouri, shall be
eligible for grants and loans administered by the rural development
mission area of the Department of Agriculture relating to an application
submitted to the Department by a farmer-owned cooperative, a majority of
whose members reside in a rural area, as determined by the Secretary,
and for the purchase and operation of a facility beneficial to the
purpose of the cooperative.
Sec. 738. Notwithstanding any other provision of law, the Secretary
of Agriculture shall consider the City of Hollister, California, as
meeting the requirements of a rural area for the purposes of housing
programs in the rural development mission areas of the Department of
Agriculture.
Sec. 739. None of the funds appropriated or otherwise made available
by this Act may be used to maintain, modify, or implement any assessment
against agricultural producers as part of a commodity promotion,
research, and consumer information order, known as a check-off program,
that has not been approved by the affected producers in accordance with
the statutory requirements applicable to the order.
Sec. 740. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis (recently renamed the Division of Pharmaceutical Analysis)
in St. Louis, Missouri, except that funds could be used to plan a
possible relocation of this Division within the city limits of St.
Louis, Missouri.
Sec. 741. Market Loss Assistance for Apple Producers (a) Assistance
Available.--The Secretary of Agriculture shall use $75,000,000 of funds
of the Commodity Credit Corporation to make payments as soon as possible
after the date of the enactment of this Act to apple producers to
provide relief for the loss of markets for their 2000 crop.
(b) Payment Basis.--The amount of the payment to a producer under
subsection (a) shall be made on a per pound basis equal to each
qualifying producer's 2000 production of apples, except that the
Secretary shall not make payments for that amount of a particular farm's
apple production that is in excess of 20,000,000 pounds.
(c) Duplicative Payments.--A producer shall be ineligible for
payments under this section with respect to a market loss for apples to
the extent of that amount that the producer received as compensation or
assistance for the same loss under any other Federal program, other than
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(d) Other Terms and Conditions.--The Secretary shall not establish
any terms or conditions for producer eligibility, such as limits based
upon gross income, other than those specified in this section.
(e) Applicability.--This section applies only with respect to the
2000 crop of apples and producers of that crop.
[[Page 115 STAT. 738]]
Sec. 742. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
Sec. 743. Section 17(a)(2)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended by striking
``2001'' and inserting ``2002''.
Sec. 744. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance in the amount of $150,000 to the Mallard Pointe project in
Madison County, Mississippi.
Sec. 745. Notwithstanding any other provision of law, the Secretary
of Agriculture shall, in cooperation with the State of Illinois, develop
and implement a pilot project utilizing conservation programs of the
Department of Agriculture for soil, water, wetlands, and wildlife
habitat enhancement in the Illinois River Basin: Provided, That no funds
shall be made available to carry out this section unless they are
expressly provided for a program in this Act or any other Act for
obligation in fiscal year 2002: Provided further, That any conservation
reserve program enrollments made pursuant to this section shall be
subject to section 734 of this Act.
Sec. 746. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide $250,000 for a wetlands
restoration and water conservation project in the vicinity of Jamestown,
Rhode Island.
Sec. 747. Notwithstanding any other provision of law, $3,000,000
shall be made available from funds under the rural business and
cooperative development programs of the Rural Community Advancement
Program for a grant for an integrated ethanol plant, feedlot, and animal
waste digestion unit, to the extent matching funds from the Department
of Energy are provided if a commitment for such matching funds is made
prior to July 1, 2002: Provided, That such funds shall be released to
the project after the farmer-owned cooperative equity is in place, and a
formally executed commitment from a qualified lender based upon receipt
of necessary permits, contract, and other appropriate documentation has
been secured by the project.
Sec. 748. <<NOTE: 7 USC 918b.>> Hereafter, notwithstanding any other
provision of law, the Administrator of the Rural Utilities Service shall
use the authorities provided in the Rural Electrification Act of 1936 to
finance the acquisition of existing generation, transmission and
distribution systems and facilities serving high cost, predominantly
rural areas by entities capable of and dedicated to providing or
improving service in such areas in an efficient and cost effective
manner.
Sec. 749. Notwithstanding subsection (f) of section 156 of the
Agricultural Market Transition Act (7 U.S.C. 7272(f)), any assessment
imposed under that subsection for marketings of raw cane sugar or beet
sugar for the 2002 fiscal year shall not be required to be remitted to
the Commodity Credit Corporation before September 2, 2002.
Sec. 750. Notwithstanding any other provision of law, the Secretary
of Agriculture, acting through the Natural Resources Conservation
Service, shall provide financial assistance from available funds from
the Emergency Watershed Protection Program in Arkansas, in an amount not
to exceed $400,000 for completion
[[Page 115 STAT. 739]]
of the current construction phase of the Kuhn Bayou (Point Remove)
Project.
Sec. 751. <<NOTE: 16 USC 500 note.>> (a) Temporary Use of Existing
Payments to States Table.--Notwithstanding section 101(a)(1) of the
Secure Rural Schools and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note), for the purpose of making the
fiscal year 2001 payments under section 102 of such Act to eligible
States and eligible counties, the full payment amount for each eligible
State and eligible county shall be deemed to be equal to the full
payment amount calculated for that eligible State or eligible county in
the Forest Service document entitled ``P.L. 106-393, Secure Rural
Schools and Community Self-Determination Act'' and dated July 31, 2001,
subject to the adjustment required by section 101(b) of such Act.
(b) Revision of Table.--For the purpose of making payments under
section 102 of such Act to eligible States and eligible counties for
fiscal years 2002 through 2006, as required by section 101(a)(1) of such
Act, the Secretary of Agriculture shall revise the table referred to in
subsection (a) to accurately reflect, to the maximum extent practicable,
each eligible State's and eligible county's historic share of the 25-
percent payments and safety net payments made for the fiscal years of
the eligibility period.
(c) Reporting Requirement.--Not <<NOTE: Deadline.>> later than March
1, 2002, the Secretary of Agriculture shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Agriculture of the House of Representatives a report containing the
revisions made to the table referred to in subsection (a), as required
by subsection (b).
(d) Additional Eligible County Election.--Notwithstanding section
102(b)(2) of such Act, if the revision pursuant to subsection (b) of the
table referred to in subsection (a) results in a reduced full payment
amount for an eligible county that elected under section 102(b) of such
Act to receive the full payment amount, the eligible county shall have a
90-day period, beginning on the date the revised table is first
available to the public, during which to reconsider and change its
election. The eligible county shall notify the Secretary of Agriculture
of any change in its election before the end of such period. If an
eligible county elects under this subsection to receive the 25-percent
payment in place of the full payment amount, the election shall be
effective for 1 year.
(e) Treatment of Certain Mineral Leasing Receipts.--(1) An eligible
county that elects under section 102(b) of such Act to receive its share
of an eligible State's full payment amount shall continue to receive its
share of any payments made to that State from a lease for mineral
resources issued by the Secretary of the Interior under the last
paragraph under the heading ``forest service.'' in the Act of March 4,
1917 (Chapter 179; 16 U.S.C. 520).
(2) Section 6(b) of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 355(b)) is amended by inserting after the first sentence the
following new sentence: ``The preceding sentence shall also apply to any
payment to a State derived from a lease for mineral resources issued by
the Secretary of the Interior under the last paragraph under the heading
`forest service.' in the Act of March 4, 1917 (Chapter 179; 16 U.S.C.
520).''.
(f) Definitions.--In this section, the terms ``eligible State'',
``eligible county'', ``eligibility period'', ``full payment amount'',
``25-
[[Page 115 STAT. 740]]
percent payment'', and ``safety net payments'' have the meanings given
such terms in section 3 of such Act, and the term ``such Act'' means the
Secure Rural Schools and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note).
Sec. 752. Alaska Permanent Fund. Section 501(b) of the Housing Act
of 1949 (42 U.S.C. 1471) is amended in paragraph (5)--
(1) by striking ``(5)'' and inserting ``(5)(A)''; and
(2) by adding at the end the following:
``(B) For purposes of this title, for fiscal years 2002 and
2003, the term `income' does not include dividends received from
the Alaska Permanent Fund by a person who was under the age of
18 years when that person qualified for the dividend.''.
Sec. 753. <<NOTE: 7 USC 321 note.>> Hereafter, any provision of any
Act of Congress relating to colleges and universities eligible to
receive funds under the Act of August 30, 1890, including Tuskegee
University, shall apply to West Virginia State College at Institute,
West Virginia: Provided, That the Secretary may waive the matching
funds' requirement under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222d)
for fiscal year 2002 for West Virginia State College if the Secretary
determines the State of West Virginia will be unlikely to satisfy the
matching requirement.
Sec. 754. Notwithstanding any other provision of law, the Secretary,
acting through the Natural Resources Conservation Service, shall provide
financial and technical assistance relating to the Tanana River
bordering the Big Delta State Historical Park.
Sec. 755. None of the funds appropriated or otherwise made available
by this Act to the Food and Drug Administration shall be used to allow
admission of fish or fish products labeled wholly or in part as
``catfish'' unless the products are taxonomically from the family
Ictaluridae.
Sec. 756. The Secretary of Agriculture is authorized to accept any
unused funds transferred to the Alaska Railroad Corporation for
avalanche control and retransfer up to $499,000 of such funds as a
direct lump sum payment to the City of Valdez to construct an avalanche
control wall to protect a public school.
Sec. 757. The Secretary of Agriculture may use not more than
$5,000,000 of funds of the Commodity Credit Corporation to pay claims of
crop damage, upon consultation with the Secretary of the Interior, that
resulted from the Bureau of Land Management's use of herbicides during
the 2001 calendar year in the State of Idaho: Provided, That if the
amount provided in this section is not sufficient to pay all approved
claims the Secretary of Agriculture shall reduce all approved claims on
a pro rata basis related to the degree of loss in production: Provided
further, That nothing in this section shall be construed to constitute
an admission of liability by the United States arising from the use by
the Bureau of Land Management of the herbicide Oust: Provided further,
That the issuance of regulations promulgated pursuant to this section
shall be made without regard to: (1) the notice and comment provisions
of section 553 of title 5, United States Code; (2) the Statement of
Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed.
Reg. 13804), relating to notices of proposed rulemaking and public
participation in rulemaking; and (3) chapter 35 of title
[[Page 115 STAT. 741]]
44, United States Code (commonly known as the ``Paperwork Reduction
Act''): Provided further, That in carrying out this section, the
Secretary shall use the authority provided under section 808 of title 5,
United States Code.
Sec. 758. Pilot Program for Enrollment of Wetland and Buffer Acreage
in Conservation Reserve. (a) In General.--Section 1231(h)(4)(B) of the
Food Security Act of 1985 (16 U.S.C. 3831(h)(4)(B)) is amended by
inserting ``(which may include emerging vegetation in water)'' after
``vegetative cover''.
(b) Conforming Amendment.--Section 1232(a)(4) of the Food Security
Act of 1985 (16 U.S.C. 3832(a)(4)) is amended by inserting ``(which may
include emerging vegetation in water)'' after ``vegetative cover''.
Sec. 759. <<NOTE: 7 USC 511s.>> Speciality Crops. (a) Grading of
Tobacco.--
(1) In general.--Not <<NOTE: Deadline.>> later than March
31, 2002, the Secretary of Agriculture (referred to in this
section as the ``Secretary'') shall conduct referenda among
producers of each kind of tobacco that is eligible for price
support under the Agricultural Act of 1949 (7 U.S.C. 1421 et
seq.) to determine whether such producers favor the mandatory
grading of that kind of tobacco by the Secretary.
(2) Mandatory grading.--
(A) In general.--If the Secretary determines that
mandatory grading is favored by a majority of the
producers of a kind of tobacco voting in the referendum,
the Secretary is authorized and directed to ensure that
the kind of tobacco is graded at the time of sale
effective for the 2002 and subsequent marketing years.
(B) Fees.--To the maximum extent practicable, the
Secretary shall establish, collect, and use fees for the
grading of tobacco required under this subsection in the
same manner as user fees for the grading of tobacco sold
at auction authorized under the Tobacco Inspection Act
(7 U.S.C. 511 et seq.).
(3) Judicial review.--A determination by the Secretary under
this subsection shall not be subject to judicial review.
(b) Quota Reduction for Conservation Reserve Acreage.--
(1) In general.--Section 1236 of the Food Security Act of
1985 (16 U.S.C. 3836) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b), (c), and (d)
as subsections (a), (b), and (c), respectively;
(C) in subsection (b) (as so redesignated), by
striking ``subsection (b)'' and inserting ``subsection
(a)''; and
(D) in subsection (c) (as so redesignated), by
striking ``subsection (c)'' and inserting ``subsection
(b)''.
(2) Conforming amendment.--Section 1232(a)(5) of the Food
Security Act of 1985 (16 U.S.C. 3832(a)(5)) is amended by
striking ``section 1236(d)'' and inserting ``section 1236(c)''.
(3) Application.--The <<NOTE: 16 USC 3832 note.>> amendments
made by this subsection shall apply beginning with the 2002
crop.
(c) Horse Breeder Loans.--
(1) Definition of horse breeder.--In this subsection, the
term ``horse breeder'' means a person that, as of the date of
enactment of this Act, derives more than 70 percent of the
income of the person from the business of breeding,
[[Page 115 STAT. 742]]
boarding, raising, training, or selling horses, during the
shorter of--
(A) the 5-year period ending on January 1, 2001; or
(B) the period the person has been engaged in such
business.
(2) Loan authorization.--The Secretary shall make loans to
eligible horse breeders to assist the horse breeders for losses
suffered as a result of mare reproductive loss syndrome.
(3) Eligibility.--A horse breeder shall be eligible for a
loan under this subsection if the Secretary determines that, as
a result of mare reproductive loss syndrome--
(A) during the period beginning January 1 and ending
October 1 of any of calendar years 2000, 2001, or 2002--
(i) 30 percent or more of the mares owned by
the horse breeder failed to conceive, miscarried,
aborted, or otherwise failed to produce a live
healthy foal; or
(ii) 30 percent or more of the mares boarded
on a farm owned, operated, or leased by the horse
breeder failed to conceive, miscarried, aborted,
or otherwise failed to produce a live healthy
foal;
(B) the horse breeder is unable to meet the
financial obligations, or pay the ordinary and necessary
expenses, of the horse breeder incurred in connection
with breeding, boarding, raising, training, or selling
horses; and
(C) the horse breeder is not able to obtain
sufficient credit elsewhere, in accordance with subtitle
C of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961 et seq.).
(4) Amount.--
(A) In general.--Subject to subparagraph (B), the
amount of a loan made to a horse breeder under this
subsection shall be determined by the Secretary on the
basis of the amount of losses suffered by the horse
breeder, and the financial needs of the horse breeder,
as a result of mare reproductive loss syndrome.
(B) Maximum amount.--The amount of a loan made to a
horse breeder under this subsection shall not exceed the
maximum amount of an emergency loan under section 324(a)
of the Consolidated Farm and Rural Development Act (7
U.S.C. 1964(a)).
(5) Term.--
(A) In general.--Subject to subparagraph (B), the
term for repayment of a loan made to a horse breeder
under this subsection shall be determined by the
Secretary based on the ability of the horse breeder to
repay the loan.
(B) Maximum term.--The term of a loan made to a
horse breeder under this subsection shall not exceed 20
years.
(6) Interest rate.--The interest rate for a loan made to a
horse breeder under this subsection shall be the interest rate
for emergency loans prescribed under section 324(b)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1964(b)(1)).
(7) Security.--A loan to a horse breeder under this
subsection shall be made on the security required for emergency
[[Page 115 STAT. 743]]
loans under section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)).
(8) Application.--To <<NOTE: Deadline.>> be eligible to
obtain a loan under this subsection, a horse breeder shall
submit an application for the loan to the Secretary not later
than September 30, 2002.
(9) Funding.--The Secretary shall carry out this subsection
using funds made available to make emergency loans under
subtitle C of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961 et seq.).
(10) Termination.--The authority provided by this subsection
to make a loan terminates effective September 30, 2003.
Sec. 760. During fiscal year 2002, subsection (a)(2) of section 508
of the Federal Crop Insurance Act (7 U.S.C. 1508) shall be applied as
though the term ``and potatoes'' read as follows: ``, potatoes, and
sweet potatoes''.
Sec. 761. Citrus Canker Eradication. (a) In General.--Section 810 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (114 Stat. 1549A-52) is
amended--
(1) in subsection (a) by striking ``The'' and inserting
``Subject to subsection (e), the''; and
(2) in subsection (c), by striking ``2001'' and inserting
``2002''.
(b) Effective Date.--The amendments in subsection (a) shall take
effect as if enacted on September 30, 2001.
Sec. 762. Section 306(a)(20) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(20)) is amended by adding at the end
the following new subparagraph:
``(E) Rural broadband.--Notwithstanding subparagraph
(C), the Secretary may make grants to state agencies for
use by regulatory commissions in states with rural
communities without local dial-up Internet access or
broadband service to establish a competitively,
technologically neutral grant program to
telecommunications carriers or cable operators that
establish common carrier facilities and services which,
in the commission's determination, will result in the
long-term availability to such communities of affordable
broadband services which are used for the provision of
high speed Internet access.''.
Sec. 763. In accordance with the Farmland Protection Program, a
total of $720,000 shall be made available to purchase conservation
easements or other interests in land, not to exceed 235 acres, in Adair,
Green, and Taylor Counties, Kentucky: Provided, That $490,000 of this
amount shall be from funds made available to the Conservation Reserve
Enhancement Program for the State of Kentucky.
Sec. 764. Notwithstanding any other provision of law, the City of
Caldwell, Idaho, shall be eligible for grants and loans administered by
the Rural Housing Service of the United States Department of Agriculture
for a period not to exceed 1 year from the date of enactment of this
Act.
Sec. 765. Section 8c(1) of the Agricultural Marketing Agreement Act
of 1937 <<NOTE: 7 USC 608c.>> is amended by adding the following
provision at the end of the penultimate sentence:
[[Page 115 STAT. 744]]
``The Secretary is authorized to implement a producer allotment
program and a handler withholding program under the cranberry
marketing order in the same crop year through informal
rulemaking based on a recommendation and supporting economic
analysis submitted by the Cranberry Marketing Committee. Such
recommendation and analysis shall be submitted by the Committee
no later than March 1 of each year.''.
Sec. 766. Section 11(f) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1759a(f)) is amended by--
(1) in paragraph (1)(E), by striking ``2001'' and inserting
``2003''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--
The <<NOTE: Reports. Deadlines.>> Secretary shall submit
to the Committee on Education and the Workforce of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate--
``(i) not later than January 1, 2003, an
interim report on the activities of the State
agencies receiving grants under this subsection;
and
``(ii) not later than January 1, 2004, a final
report on the activities of the State agencies
receiving grants under this subsection.''; and
(B) in subparagraph (B), by striking ``report'' and
inserting ``reports''.
Sec. 767. Notwithstanding any other provision of law, the City of
Mt. Vernon, Washington, shall be eligible for grants and loans
administered by the Rural Housing Service of the United States
Department of Agriculture for a period not to exceed 1 year from the
date of enactment of this Act.
Sec. 768. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to DuPage County, Illinois, from funds available for the
Watershed and Flood Prevention Operations program, not to exceed
$1,400,000.
Sec. 769. Notwithstanding any other provision of law, from funds
previously appropriated for Watershed and Flood Prevention Operations of
the Natural Resource and Conservation Service, the Secretary of
Agriculture shall provide technical and financial assistance, but not to
exceed $1,000,000, in connection with a lake level stabilization project
carried out as part of local efforts to restore and repair watersheds
damaged by the 2001 tornado and storms in Burnett and Washburn Counties,
Wisconsin: Provided, That the Secretary shall waive the cost share
requirement of the local sponsors of such efforts in Burnett and
Washburn Counties, Wisconsin.
Sec. 770. Nowithstanding any other provision of law, from the funds
appropriated to the Rural Utilities Service by this Act, any current
Rural Utilities Service borrower within 100 miles of New York City shall
be eligible for additional financing, refinancing, collateral
flexibility, and deferrals on an expedited basis without regard to
population limitations for any financially feasible telecommunications,
energy or water project that assists endeavors related to the
rehabilitation, prevention, relocation, site preparation, or relief
efforts resulting from the terrorist events of September 11, 2001.
[[Page 115 STAT. 745]]
Sec. 771. Section 17(r)(5) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
(1) by striking ``six'' and inserting ``seven'';
(2) by striking ``four'' and inserting ``five''; and
(3) by inserting ``Illinois,'' after the first instance of
``States shall be''.
Sec. 772. (a) Extension.--Section 141 of the Agricultural Market
Transition Act (7 U.S.C. 7251) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(5) During the period beginning on January 1, 2002, and
ending on May 31, 2002, $9.90.''; and
(2) in subsection (h), by striking ``December 31, 2001''
both places it appears and inserting ``May 31, 2002''.
(b) Conforming Amendment.--Section 142 of the Agricultural Market
Transition Act (7 U.S.C. 7252) is repealed.
Sec. 773. The Secretary shall transfer to the Southern Minnesota
Beet Sugar Co-op, refined sugar, acquired by the Commodity Credit
Corporation, in the amount of 10,000 tons to compensate sugar producers
in Minnesota for losses incurred beyond those that may be compensated
under existing programs administered by the Secretary: Provided, That
this amount of sugar shall be provided in installments starting on the
day that is 30 days after the date of enactment of this Act and on the
first day of each of the following 7 months after that day.
Sec. 774. (a) Definitions.--In this section:
(1) The term ``eligible person'' means a person that--
(A) owns a farm for which, irrespective of temporary
transfers or undermarketings, a basic quota or allotment
for eligible tobacco is established for the 2001 crop
year under part I of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et
seq.);
(B) controls the farm from which, under the quota or
allotment for the relevant period, eligible tobacco is
marketed, could have been marketed, or can be marketed,
taking into account temporary transfers; or
(C) grows, could have grown, or can grow eligible
tobacco that is marketed, could have been marketed, or
can be marketed under the quota or allotment for the
2001 crop year, taking into account temporary transfers.
(2) The term ``eligible tobacco'' means each of the
following kinds of tobacco:
(A) Fire-cured tobacco, comprising types 22 and 23.
(B) Dark air-cured tobacco, comprising types 35 and
36.
(C) Virginia sun-cured tobacco, comprising type 37.
(b) Payments.--Not <<NOTE: Deadline.>> later than March 31, 2002,
the Secretary of Agriculture (referred to in this section as the
``Secretary'') shall use funds of the Commodity Credit Corporation to
make payments under this section.
(c) Poundage Payment Quantities.--For the purposes of this section,
in the case of each kind of eligible tobacco, individual tobacco quotas
and allotments shall be converted to poundage payment quantities by
multiplying--
(1) the number of acres that may, irrespective of temporary
transfers or undermarketings, be devoted, without penalty, to
the production of the kind of tobacco under the allotment under
[[Page 115 STAT. 746]]
part I of subtitle B of title III of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1311 et seq.) for the 2001 crop year; by
(2)(A) in the case of fire-cured tobacco (types 22 and 23),
2,601 pounds per acre;
(B) in the case of dark air-cured tobacco (types 35 and 36),
2,337 pounds per acre; and
(C) in the case of Virginia sun-cured tobacco (type 37),
1,512 pounds per acre.
(d) Available Payment Amounts.--In the case of each kind of eligible
tobacco, the available payment amount for pounds of a payment quantity
under subsection (c) shall be equal to 10 cents per pound.
(e) Division of Payments Among Eligible Persons.--Payments available
with respect to a pound of payment quantity, as determined under
subsection (d), shall be made available to eligible persons in
accordance with this subsection. In the case of payments made available
in a State under this section for each kind of eligible tobacco, the
Secretary shall distribute (as determined by the Secretary)--
(1) 33\1/3\ percent of the payments to eligible persons that
are owners described in subsection (a)(1)(A);
(2) 33\1/3\ percent of the payments to eligible persons that
are controllers described in subsection (a)(1)(B); and
(3) 33\1/3\ percent of the payments to eligible persons that
are growers described in subsection (a)(1)(C).
(f) Standards.--In carrying out this section, the Secretary shall
use, to the maximum extent practicable, the same standards for payments
that were used for making payments under section 204(b) of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law
106-224).
(g) Judicial Review.--A determination by the Secretary under this
section shall not be subject to judicial review.
(h) Regulations.--As soon as practicable after the date of enactment
of this Act, the Secretary and the Commodity Credit Corporation, as
appropriate, shall promulgate such regulations as are necessary to
implement this section. The promulgation of the regulations and
administration of this section shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(i) Congressional Review of Agency Rulemaking.--In carrying out
subsection (h), the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
Sec. 775. The Competitive, Special, and Facilities Research Grant
Act (7 U.S.C. 450i) is amended:
(1) in subsection (b)(3) by adding at the end the following:
``(G) Grants may be awarded to improve research
capabilities in States (as defined in the National
Agricultural Research, Extension, and Teaching Policy
Act of 1977, as amended) in which institutions have been
less successful
[[Page 115 STAT. 747]]
in receiving funding under this subsection, based on a
three-year rolling average of funding levels.''; and
(2) in subsections (b)(10)(C) by striking ``and (F) of
paragraph (3) for awarding grants in'' and inserting ``, (F),
and (G) of paragraph (3) for''.
Sec. 776. None of the funds made available in this Act may be used
to pay the salaries of personnel of the Department of Agriculture who
carry out the programs authorized by section 524(a) of the Federal Crop
Insurance Act (7 U.S.C. 1524) in excess of a total of $4,000,000 for all
such programs for fiscal year 2002.
Sec. 777. Section 501 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737) is amended--
(1) in the section heading, by inserting ``john ogonowski''
before ``farmer-to-farmer program''; and
(2) by adding at the end the following new subsection:
``(d) Designation of Program.--The program of farmer-to-farmer
assistance authorized by this section shall be known and designated as
the `John Ogonowski Farmer-to-Farmer Program'.''.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2002''.
Approved November 28, 2001.
LEGISLATIVE HISTORY--H.R. 2330 (S. 1191):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-116 (Comm. on Appropriations) and 107-275 (Comm.
of Conference).
SENATE REPORTS: No. 107-41 accompanying S. 1191 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
June 28, July 11, considered and passed House.
Oct. 25, considered and passed Senate, amended.
Oct. 30, Senate agreed to another amendment.
Nov. 13, House agreed to conference report.
Nov. 15, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Nov. 28, Presidential statement.
<all>