PUBLIC LAW 107–76—NOV. 28, 2001

AGRICULTURE, RURAL DEVELOPMENT, FOOD

AND DRUG ADMINISTRATION, AND RELATED

AGENCIES APPROPRIATIONS ACT, 2002

115 STAT. 704 PUBLIC LAW 107–76—NOV. 28, 2001

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies programs

for the fiscal year ending September 30, 2002, and for other purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.

3109, $2,992,000: Provided, That not to exceed $11,000 of this

amount shall be available for official reception and representation

expenses, not otherwise provided for, as determined by the Secretary: Provided further, That none of the funds appropriated or

otherwise made available by this Act may be used to pay the

salaries and expenses of personnel of the Department of Agriculture

to carry out section 793(c)(1)(C) of Public Law 104–127: Provided

further, That none of the funds made available by this Act may

be used to enforce section 793(d) of Public Law 104–127.

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, energy and

new uses, and the functions of the World Agricultural Outlook

Board, as authorized by the Agricultural Marketing Act of 1946

(7 U.S.C. 1622g), and including employment pursuant to the second

sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.

2225), of which not to exceed $5,000 is for employment under

5 U.S.C. 3109, $7,704,000.

Agriculture,

Rural

Development,

Food and Drug

Administration,

and Related

Agencies

Appropriations

Act, 2002.

Nov. 28, 2001

[H.R. 2330]

PUBLIC LAW 107–76—NOV. 28, 2001 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.

115 STAT. 706 PUBLIC LAW 107–76—NOV. 28, 2001

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.

PUBLIC LAW 107–76—NOV. 28, 2001 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.

115 STAT. 708 PUBLIC LAW 107–76—NOV. 28, 2001

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in

conducting economic research and analysis, as authorized by the

Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other

laws, $67,200,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section

706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics

Service in conducting statistical reporting and service work,

including crop and livestock estimates, statistical coordination and

improvements, marketing surveys, and the Census of Agriculture,

as authorized by 7 U.S.C. 1621–1627, Public Law 105–113, and

other laws, $113,786,000, of which up to $25,350,000 shall be available until expended for the Census of Agriculture: Provided, That

this appropriation shall be available for employment pursuant to

the second sentence of section 706(a) of the Organic Act of 1944

(7 U.S.C. 2225), and not to exceed $40,000 shall be available for

employment under 5 U.S.C. 3109.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to enable the Agricultural Research

Service to perform agricultural research and demonstration relating

to production, utilization, marketing, and distribution (not otherwise

provided for); home economics or nutrition and consumer use

including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation,

exchange, or purchase at a nominal cost not to exceed $100, and

for land exchanges where the lands exchanged shall be of equal

value or shall be equalized by a payment of money to the grantor

which shall not exceed 25 percent of the total value of the land

or interests transferred out of Federal ownership, $979,464,000:

Provided, That appropriations hereunder shall be available for temporary employment pursuant to the second sentence of section

706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to

exceed $115,000 shall be available for employment under 5 U.S.C.

3109: Provided further, That appropriations hereunder shall be

available for the operation and maintenance of aircraft and the

purchase of not to exceed one for replacement only: Provided further,

That appropriations hereunder shall be available pursuant to 7

U.S.C. 2250 for the construction, alteration, and repair of buildings

and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $375,000, except for

headhouses or greenhouses which shall each be limited to

$1,200,000, and except for 10 buildings to be constructed or

improved at a cost not to exceed $750,000 each, and the cost

of altering any one building during the fiscal year shall not exceed

10 percent of the current replacement value of the building or

$375,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be

7 USC 2254.

PUBLIC LAW 107–76—NOV. 28, 2001 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),

115 STAT. 710 PUBLIC LAW 107–76—NOV. 28, 2001

$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-atVerDate 11-MAY-2000 18:53 Dec 03, 2001 Jkt 099139 PO 00076 Frm 00008 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL076.107 APPS24 PsN: PUBL076
PUBLIC LAW 107–76—NOV. 28, 2001 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.

115 STAT. 712 PUBLIC LAW 107–76—NOV. 28, 2001

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947 (21 U.S.C. 114b–c), necessary

to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities;

to discharge the authorities of the Secretary of Agriculture under

the Acts of March 2, 1931 (46 Stat. 1468) and December 22, 1987

(101 Stat. 1329–1331) (7 U.S.C. 426–426c); and to protect the

environment, as authorized by law, $620,490,000, of which

$4,096,000 shall be available for the control of outbreaks of insects,

plant diseases, animal diseases and for control of pest animals

and birds to the extent necessary to meet emergency conditions;

of which $77,355,000 shall be used for the boll weevil eradication

program for cost share purposes or for debt retirement for active

eradication zones: Provided, That no funds shall be used to formulate or administer a brucellosis eradication program for the current

fiscal year that does not require minimum matching by the States

of at least 40 percent: Provided further, That this appropriation

shall be available for field employment pursuant to the second

sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.

2225), and not to exceed $40,000 shall be available for employment

under 5 U.S.C. 3109: Provided further, That this appropriation

shall be available for the operation and maintenance of aircraft

and the purchase of not to exceed four, of which two shall be

for replacement only: Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production

industry of this country, the Secretary may transfer from other

appropriations or funds available to the agencies or corporations

of the Department such sums as may be deemed necessary, to

be available only in such emergencies for the arrest and eradication

of contagious or infectious disease or pests of animals, poultry,

or plants, and for expenses in accordance with the Act of February

28, 1947, and section 102 of the Act of September 21, 1944, and

any unexpended balances of funds transferred for such emergency

purposes in the preceding fiscal year shall be merged with such

transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the

repair and alteration of leased buildings and improvements, but

unless otherwise provided the cost of altering any one building

during the fiscal year shall not exceed 10 percent of the current

replacement value of the building.

In fiscal year 2002, the agency is authorized to collect fees

to cover the total costs of providing technical assistance, goods,

or services requested by States, other political subdivisions,

domestic and international organizations, foreign governments, or

individuals, provided that such fees are structured such that any

entity’s liability for such fees is reasonably based on the technical

assistance, goods, or services provided to the entity by the agency,

and such fees shall be credited to this account, to remain available

until expended, without further appropriation, for providing such

assistance, goods, or services.

21 USC 129.

PUBLIC LAW 107–76—NOV. 28, 2001 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.

115 STAT. 714 PUBLIC LAW 107–76—NOV. 28, 2001

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

PUBLIC LAW 107–76—NOV. 28, 2001 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,

115 STAT. 716 PUBLIC LAW 107–76—NOV. 28, 2001

$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

PUBLIC LAW 107–76—NOV. 28, 2001 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

115 STAT. 718 PUBLIC LAW 107–76—NOV. 28, 2001

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

PUBLIC LAW 107–76—NOV. 28, 2001 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

115 STAT. 720 PUBLIC LAW 107–76—NOV. 28, 2001

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 pro- grams, $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

PUBLIC LAW 107–76—NOV. 28, 2001 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 selfhelp housing land development loans, $254,000: Provided, That

of the total amount appropriated in this paragraph, $11,656,000

115 STAT. 722 PUBLIC LAW 107–76—NOV. 28, 2001

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.

PUBLIC LAW 107–76—NOV. 28, 2001 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.

115 STAT. 724 PUBLIC LAW 107–76—NOV. 28, 2001

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’’.

PUBLIC LAW 107–76—NOV. 28, 2001 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’’.

115 STAT. 726 PUBLIC LAW 107–76—NOV. 28, 2001

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

PUBLIC LAW 107–76—NOV. 28, 2001 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.

115 STAT. 728 PUBLIC LAW 107–76—NOV. 28, 2001

FOOD DONATIONS PROGRAMS

For necessary expenses to carry out section 4(a) of the Agriculture and Consumer Protection Act of 1973; special assistance

for the nuclear affected islands as authorized by section 103(h)(2)

of the Compacts of Free Association Act of 1985; and section 311

of the Older Americans Act of 1965, $150,749,000, to remain available through September 30, 2003.

FOOD PROGRAM ADMINISTRATION

For necessary administrative expenses of the domestic food

programs funded under this Act, $127,546,000, of which $5,000,000

shall be available only for simplifying procedures, reducing overhead

costs, tightening regulations, improving food stamp benefit delivery,

and assisting in the prevention, identification, and prosecution of

fraud and other violations of law and of which not less than

$6,500,000 shall be available to improve integrity in the Food

Stamp and Child Nutrition programs: Provided, That this appropriation shall be available for employment pursuant to the second

sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.

2225), and not to exceed $150,000 shall be available for employment

under 5 U.S.C. 3109.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,

including carrying out title VI of the Agricultural Act of 1954

(7 U.S.C. 1761–1768), market development activities abroad, and

for enabling the Secretary to coordinate and integrate activities

of the Department in connection with foreign agricultural work,

including not to exceed $158,000 for representation allowances and

for expenses pursuant to section 8 of the Act approved August

3, 1956 (7 U.S.C. 1766), $121,813,000: Provided, That the Service

may utilize advances of funds, or reimburse this appropriation

for expenditures made on behalf of Federal agencies, public and

private organizations and institutions under agreements executed

pursuant to the agricultural food production assistance programs

(7 U.S.C. 1737) and the foreign assistance programs of the United

States Agency for International Development: Provided further,

That none of the funds appropriated in this account may be used

to pay the salaries and expenses of personnel to disburse funds

to any rice trade association under the market access program

or the foreign market development program at any time when

the applicable international activity agreement for such program

is not in effect.

None of the funds in the foregoing paragraph shall be available

to promote the sale or export of tobacco or tobacco products.

PUBLIC LAW 107–76—NOV. 28, 2001 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’’.

115 STAT. 730 PUBLIC LAW 107–76—NOV. 28, 2001

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 appro- priated: (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.

PUBLIC LAW 107–76—NOV. 28, 2001 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. 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.

7 USC 1623a.

115 STAT. 732 PUBLIC LAW 107–76—NOV. 28, 2001

SEC. 704. The Secretary of Agriculture may transfer unobligated

balances of funds appropriated by this Act or other available unobligated balances of the Department of Agriculture to the Working

Capital Fund for the acquisition of plant and capital equipment

necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the

Department of Agriculture: Provided, That none of the funds made

available by this Act or any other Act shall be transferred to

the Working Capital Fund without the prior approval of the agency

administrator: Provided further, That none of the funds transferred

to the Working Capital Fund pursuant to this section shall be

available for obligation without the prior approval of the Committees on Appropriations of both Houses of Congress.

SEC. 705. New obligational authority provided for the following

appropriation items in this Act shall remain available until

expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, fruit fly program,

emerging plant pests, integrated systems acquisition project, boll

weevil program, up to 25 percent of the screwworm program, and

up to $2,000,000 for costs associated with collocating regional offices;

Food Safety and Inspection Service, field automation and information management project; Cooperative State Research, Education,

and Extension Service, funds for competitive research grants (7

U.S.C. 450i(b)), funds for the Research, Education and Economics

Information System (REEIS), and funds for the Native American

Institutions Endowment Fund; Farm Service Agency, salaries and

expenses funds made available to county committees; Foreign Agricultural Service, middle-income country training program and up

to $2,000,000 of the Foreign Agricultural Service appropriation

solely for the purpose of offsetting fluctuations in international

currency exchange rates, subject to documentation by the Foreign

Agricultural Service.

SEC. 706. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 707. Not to exceed $50,000 of the appropriations available

to the Department of Agriculture in this Act shall be available

to provide appropriate orientation and language training pursuant

to section 606C of the Act of August 28, 1954 (7 U.S.C. 1766b).

SEC. 708. No funds appropriated by this Act may be used

to pay negotiated indirect cost rates on cooperative agreements

or similar arrangements between the United States Department

of Agriculture and nonprofit institutions in excess of 10 percent

of the total direct cost of the agreement when the purpose of

such cooperative arrangements is to carry out programs of mutual

interest between the two parties. This does not preclude appropriate

payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis

for all agencies for which appropriations are provided in this Act.

SEC. 709. None of the funds in this Act shall be available

to restrict the authority of the Commodity Credit Corporation to

lease space for its own use or to lease space on behalf of other

agencies of the Department of Agriculture when such space will

be jointly occupied.

SEC. 710. None of the funds in this Act shall be available

to pay indirect costs charged against competitive agricultural

research, education, or extension grant awards issued by the

7 USC 2209b.

PUBLIC LAW 107–76—NOV. 28, 2001 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).

115 STAT. 734 PUBLIC LAW 107–76—NOV. 28, 2001

SEC. 717. No employee of the Department of Agriculture may

be detailed or assigned from an agency or office funded by this

Act to any other agency or office of the Department for more

than 30 days unless the individual’s employing agency or office

is fully reimbursed by the receiving agency or office for the salary

and expenses of the employee for the period of assignment.

SEC. 718. None of the funds appropriated or otherwise made

available to the Department of Agriculture shall be used to transmit

or otherwise make available to any non-Department of Agriculture

employee questions or responses to questions that are a result

of information requested for the appropriations hearing process.

SEC. 719. None of the funds made available to the Department

of Agriculture by this Act may be used to acquire new information

technology systems or significant upgrades, as determined by the

Office of the Chief Information Officer, without the approval of

the Chief Information Officer and the concurrence of the Executive

Information Technology Investment Review Board: Provided, That

notwithstanding any other provision of law, none of the funds

appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the

prior approval of the Committees on Appropriations of both Houses

of Congress.

SEC. 720. (a) None of the funds provided by this Act, or provided

by previous Appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 2002, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure through a reprogramming of funds which: (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities

presently performed by Federal employees; unless the Committees

on Appropriations of both Houses of Congress are notified 15 days

in advance of such reprogramming of funds.

(b) None of the funds provided by this Act, or provided by

previous Appropriations Acts to the agencies funded by this Act

that remain available for obligation or expenditure in fiscal year

2002, or provided from any accounts in the Treasury of the United

States derived by the collection of fees available to the agencies

funded by this Act, shall be available for obligation or expenditure

for activities, programs, or projects through a reprogramming of

funds in excess of $500,000 or 10 percent, whichever is less, that:

(1) augments existing programs, projects, or activities; (2) reduces

by 10 percent funding for any existing program, project, or activity,

or numbers of personnel by 10 percent as approved by Congress;

or (3) results from any general savings from a reduction in personnel

which would result in a change in existing programs, activities,

or projects as approved by Congress; unless the Committees on

Appropriations of both Houses of Congress are notified 15 days

in advance of such reprogramming of funds.

(c) The Secretary of Agriculture shall notify the Committees

on Appropriations of both Houses of Congress before implementing

a program or activity not carried out during the previous fiscal

Notification.

PUBLIC LAW 107–76—NOV. 28, 2001 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. 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

Michigan.

115 STAT. 736 PUBLIC LAW 107–76—NOV. 28, 2001

effects of the Human Immunodeficiency Virus and Acquired

Immune Deficiency Syndrome on communities, including the provision of—(1) agricultural commodities to—

(A) individuals with Human Immunodeficiency Virus

or Acquired Immune Deficiency Syndrome in the communities; and

(B) households in the communities, particularly

individuals caring for orphaned children; and

(2) agricultural commodities monetized to provide other

assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods

among individuals in the communities, particularly individuals

caring for orphaned children.

SEC. 728. In addition to amounts otherwise appropriated or made available by this Act, $2,496,000 is appropriated for the

purpose of providing Bill Emerson and Mickey Leland Hunger

Fellowships through the Congressional Hunger Center.

SEC. 729. Hereafter, refunds or rebates received on an ongoing basis from a credit card services provider under the Department of Agriculture’s charge card programs may be deposited to

and retained without fiscal year limitation in the Department’s

Working Capital Fund established under 7 U.S.C. 2235 and used

to fund management initiatives of general benefit to the Department

of Agriculture bureaus and offices as determined by the Secretary

of Agriculture or the Secretary’s designee.

SEC. 730. Notwithstanding section 412 of the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1736f) any balances available to carry out title III of such Act as of the date

of enactment of this Act, and any recoveries and reimbursements

that become available to carry out title III of such Act, may be

used to carry out title II of such Act.

SEC. 731. Section 375(e)(6)(B) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by

striking ‘‘$25,000,000’’ and inserting ‘‘$26,000,000’’. SEC. 732. None of the funds appropriated or made available

by this Act shall be used to issue a proposed rule for which the

comment period would close prior to September 30, 2002, final,

or interim final rule pursuant to notice and comment rulemaking

in relation to any change or modification of the definition of ‘‘animal’’

in existing regulations pursuant to the Animal Welfare Act.

SEC. 733. Notwithstanding any other provision of law, the

City of Cabot, Arkansas, the City of Berlin, New Hampshire, and

the City of Coachella, California, shall be eligible for loans and

grants provided through the Rural Community Advancement Program.

SEC. 734. Notwithstanding any other provision of law, the

Secretary shall consider the City of Casa Grande, Arizona, as

meeting the requirements of a rural area in section 520 of the

Housing Act of 1949 (42 U.S.C. 1490).

SEC. 735. Of the funds made available under section 27(a)

of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary

may use up to $5,000,000 for administrative costs associated with

the distribution of commodities.

SEC. 736. Notwithstanding any other provision of law, the Secretary may transfer up to $13,000,000 in funds provided for

the Environmental Quality Incentives Program authorized by

Arizona.

Grants.

Loans.

State listing.

7 USC 2235a.

PUBLIC LAW 107–76—NOV. 28, 2001 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. 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.

Grants.

Loans.

Missouri.

115 STAT. 738 PUBLIC LAW 107–76—NOV. 28, 2001

SEC. 742. No funds appropriated or otherwise made available

under this Act shall be made available to any person or entity

that has been convicted of violating the Act of March 3, 1933

(41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American Act’’).

SEC. 743. Section 17(a)(2)(B) of the Richard B. Russell National

School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended by striking

‘‘2001’’ and inserting ‘‘2002’’. SEC. 744. Notwithstanding any other provision of law, the

Natural Resources Conservation Service shall provide financial and

technical assistance in the amount of $150,000 to the Mallard

Pointe project in Madison County, Mississippi.

SEC. 745. Notwithstanding any other provision of law, the

Secretary of Agriculture shall, in cooperation with the State of

Illinois, develop and implement a pilot project utilizing conservation

programs of the Department of Agriculture for soil, water, wetlands,

and wildlife habitat enhancement in the Illinois River Basin: Provided, That no funds shall be made available to carry out this

section unless they are expressly provided for a program in this

Act or any other Act for obligation in fiscal year 2002: Provided

further, That any conservation reserve program enrollments made

pursuant to this section shall be subject to section 734 of this

Act.

SEC. 746. Notwithstanding any other provision of law, the

Natural Resources Conservation Service shall provide $250,000 for

a wetlands restoration and water conservation project in the vicinity

of Jamestown, Rhode Island.

SEC. 747. Notwithstanding any other provision of law,

$3,000,000 shall be made available from funds under the rural

business and cooperative development programs of the Rural

Community Advancement Program for a grant for an integrated

ethanol plant, feedlot, and animal waste digestion unit, to the

extent matching funds from the Department of Energy are provided

if a commitment for such matching funds is made prior to July

1, 2002: Provided, That such funds shall be released to the project

after the farmer-owned cooperative equity is in place, and a formally

executed commitment from a qualified lender based upon receipt

of necessary permits, contract, and other appropriate documentation

has been secured by the project.

SEC. 748. Hereafter, notwithstanding any other provision of

law, the Administrator of the Rural Utilities Service shall use

the authorities provided in the Rural Electrification Act of 1936

to finance the acquisition of existing generation, transmission and

distribution systems and facilities serving high cost, predominantly

rural areas by entities capable of and dedicated to providing or

improving service in such areas in an efficient and cost effective

manner.

SEC. 749. Notwithstanding subsection (f) of section 156 of the

Agricultural Market Transition Act (7 U.S.C. 7272(f)), any assessment imposed under that subsection for marketings of raw cane

sugar or beet sugar for the 2002 fiscal year shall not be required

to be remitted to the Commodity Credit Corporation before September 2, 2002.

SEC. 750. Notwithstanding any other provision of law, the

Secretary of Agriculture, acting through the Natural Resources

Conservation Service, shall provide financial assistance from available funds from the Emergency Watershed Protection Program

in Arkansas, in an amount not to exceed $400,000 for completion

7 USC 918b.

PUBLIC LAW 107–76—NOV. 28, 2001 115 STAT. 739

of the current construction phase of the Kuhn Bayou (Point Remove)

Project.

SEC. 751. (a) TEMPORARY USE OF EXISTING PAYMENTS TO STATES

TABLE.—Notwithstanding section 101(a)(1) of the Secure Rural

Schools and Community Self-Determination Act of 2000 (Public

Law 106–393; 16 U.S.C. 500 note), for the purpose of making

the fiscal year 2001 payments under section 102 of such Act to

eligible States and eligible counties, the full payment amount for

each eligible State and eligible county shall be deemed to be equal

to the full payment amount calculated for that eligible State or

eligible county in the Forest Service document entitled ‘‘P.L. 106– 393, Secure Rural Schools and Community Self-Determination Act’’ and dated July 31, 2001, subject to the adjustment required by

section 101(b) of such Act.

(b) REVISION OF TABLE.—For the purpose of making payments

under section 102 of such Act to eligible States and eligible counties

for fiscal years 2002 through 2006, as required by section 101(a)(1)

of such Act, the Secretary of Agriculture shall revise the table

referred to in subsection (a) to accurately reflect, to the maximum

extent practicable, each eligible State’s and eligible county’s historic

share of the 25-percent payments and safety net payments made

for the fiscal years of the eligibility period.

(c) REPORTING REQUIREMENT.—Not later than March 1, 2002,

the Secretary of Agriculture shall submit to the Committee on

Energy and Natural Resources of the Senate and the Committee

on Agriculture of the House of Representatives a report containing

the revisions made to the table referred to in subsection (a), as

required by subsection (b).

(d) ADDITIONAL ELIGIBLE COUNTY ELECTION.—Notwithstanding

section 102(b)(2) of such Act, if the revision pursuant to subsection

(b) of the table referred to in subsection (a) results in a reduced

full payment amount for an eligible county that elected under

section 102(b) of such Act to receive the full payment amount,

the eligible county shall have a 90-day period, beginning on the

date the revised table is first available to the public, during which

to reconsider and change its election. The eligible county shall

notify the Secretary of Agriculture of any change in its election

before the end of such period. If an eligible county elects under

this subsection to receive the 25-percent payment in place of the

full payment amount, the election shall be effective for 1 year.

(e) TREATMENT OF CERTAIN MINERAL LEASING RECEIPTS.—(1)

An eligible county that elects under section 102(b) of such Act

to receive its share of an eligible State’s full payment amount

shall continue to receive its share of any payments made to that

State from a lease for mineral resources issued by the Secretary

of the Interior under the last paragraph under the heading ‘‘FOREST

SERVICE.’’ in the Act of March 4, 1917 (Chapter 179; 16 U.S.C.

520).

(2) Section 6(b) of the Mineral Leasing Act for Acquired Lands

(30 U.S.C. 355(b)) is amended by inserting after the first sentence

the following new sentence: ‘‘The preceding sentence shall also

apply to any payment to a State derived from a lease for mineral

resources issued by the Secretary of the Interior under the last

paragraph under the heading ‘FOREST SERVICE.’ in the Act of March

4, 1917 (Chapter 179; 16 U.S.C. 520).’’.

(f) DEFINITIONS.—In this section, the terms ‘‘eligible State’’, ‘‘eligible county’’, ‘‘eligibility period’’, ‘‘full payment amount’’, ‘‘25-

Deadline.

16 USC 500 note.

115 STAT. 740 PUBLIC LAW 107–76—NOV. 28, 2001

percent payment’’, and ‘‘safety net payments’’ have the meanings

given such terms in section 3 of such Act, and the term ‘‘such

Act’’ means the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C. 500 note).

SEC. 752. ALASKA PERMANENT FUND. Section 501(b) of the

Housing Act of 1949 (42 U.S.C. 1471) is amended in paragraph

(5)—

(1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A)’’; and

(2) by adding at the end the following:

‘‘(B) For purposes of this title, for fiscal years 2002 and

2003, the term ‘income’ does not include dividends received

from the Alaska Permanent Fund by a person who was under

the age of 18 years when that person qualified for the dividend.’’.

SEC. 753. Hereafter, any provision of any Act of Congress

relating to colleges and universities eligible to receive funds under

the Act of August 30, 1890, including Tuskegee University, shall

apply to West Virginia State College at Institute, West Virginia:

Provided, That the Secretary may waive the matching funds’

requirement under section 1449 of the National Agricultural

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3222d) for fiscal year 2002 for West Virginia State College if the

Secretary determines the State of West Virginia will be unlikely

to satisfy the matching requirement.

SEC. 754. Notwithstanding any other provision of law, the

Secretary, acting through the Natural Resources Conservation

Service, shall provide financial and technical assistance relating

to the Tanana River bordering the Big Delta State Historical Park.

SEC. 755. None of the funds appropriated or otherwise made

available by this Act to the Food and Drug Administration shall

be used to allow admission of fish or fish products labeled wholly

or in part as ‘‘catfish’’ unless the products are taxonomically from

the family Ictaluridae.

SEC. 756. The Secretary of Agriculture is authorized to accept

any unused funds transferred to the Alaska Railroad Corporation

for avalanche control and retransfer up to $499,000 of such funds

as a direct lump sum payment to the City of Valdez to construct

an avalanche control wall to protect a public school.

SEC. 757. The Secretary of Agriculture may use not more than

$5,000,000 of funds of the Commodity Credit Corporation to pay

claims of crop damage, upon consultation with the Secretary of

the Interior, that resulted from the Bureau of Land Management’s

use of herbicides during the 2001 calendar year in the State of

Idaho: Provided, That if the amount provided in this section is

not sufficient to pay all approved claims the Secretary of Agriculture

shall reduce all approved claims on a pro rata basis related to

the degree of loss in production: Provided further, That nothing

in this section shall be construed to constitute an admission of

liability by the United States arising from the use by the Bureau

of Land Management of the herbicide Oust: Provided further, That

the issuance of regulations promulgated pursuant to this section

shall be made without regard to: (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement

of Policy of the Secretary of Agriculture effective July 24, 1971

(36 Fed. Reg. 13804), relating to notices of proposed rulemaking

and public participation in rulemaking; and (3) chapter 35 of title

7 USC 321 note.

PUBLIC LAW 107–76—NOV. 28, 2001 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. SPECIALITY CROPS. (a) GRADING OF TOBACCO.—

(1) IN GENERAL.—Not later than March 31, 2002, the Secretary of Agriculture (referred to in this section as the ‘‘Secretary’’) shall conduct referenda among producers of each kind

of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine whether

such producers favor the mandatory grading of that kind of

tobacco by the Secretary.

(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 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,

16 USC 3832

note.

Deadline.

7 USC 511s.

115 STAT. 742 PUBLIC LAW 107–76—NOV. 28, 2001

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

PUBLIC LAW 107–76—NOV. 28, 2001 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 be eligible to obtain a loan under

this subsection, a horse breeder shall submit an application

for the loan to the Secretary not later than September 30,

2002.

(9) FUNDING.—The Secretary shall carry out this subsection

using funds made available to make emergency loans under

subtitle C of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1961 et seq.).

(10) TERMINATION.—The authority provided by this subsection to make a loan terminates effective September 30, 2003.

SEC. 760. During fiscal year 2002, subsection (a)(2) of section

508 of the Federal Crop Insurance Act (7 U.S.C. 1508) shall be

applied as though the term ‘‘and potatoes’’ read as follows: ‘‘, potatoes, and sweet potatoes’’.

SEC. 761. CITRUS CANKER ERADICATION. (a) IN GENERAL.—

Section 810 of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2001 (114

Stat. 1549A–52) is amended—

(1) in subsection (a) by striking ‘‘The’’ and inserting ‘‘Subject

to subsection (e), the’’; and

(2) in subsection (c), by striking ‘‘2001’’ and inserting

‘‘2002’’.

(b) EFFECTIVE DATE.—The amendments in subsection (a) shall

take effect as if enacted on September 30, 2001.

SEC. 762. Section 306(a)(20) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1926(a)(20)) is amended by adding

at the end the following new subparagraph:

‘‘(E) RURAL BROADBAND.—Notwithstanding subparagraph (C), the Secretary may make grants to state agencies

for use by regulatory commissions in states with rural

communities without local dial-up Internet access or

broadband service to establish a competitively, technologically neutral grant program to telecommunications carriers or cable operators that establish common carrier facilities and services which, in the commission’s determination,

will result in the long-term availability to such communities

of affordable broadband services which are used for the

provision of high speed Internet access.’’.

SEC. 763. In accordance with the Farmland Protection Program,

a total of $720,000 shall be made available to purchase conservation

easements or other interests in land, not to exceed 235 acres,

in Adair, Green, and Taylor Counties, Kentucky: Provided, That

$490,000 of this amount shall be from funds made available to

the Conservation Reserve Enhancement Program for the State of

Kentucky.

SEC. 764. Notwithstanding any other provision of law, the

City of Caldwell, Idaho, shall be eligible for grants and loans

administered by the Rural Housing Service of the United States

Department of Agriculture for a period not to exceed 1 year from

the date of enactment of this Act.

SEC. 765. Section 8c(1) of the Agricultural Marketing Agreement Act of 1937 is amended by adding the following provision

at the end of the penultimate sentence:

7 USC 608c.

Deadline.

115 STAT. 744 PUBLIC LAW 107–76—NOV. 28, 2001

‘‘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 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.

Reports.

Deadlines.

PUBLIC LAW 107–76—NOV. 28, 2001 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 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

Deadline.

115 STAT. 746 PUBLIC LAW 107–76—NOV. 28, 2001

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) 331⁄3 percent of the payments to eligible persons that

are owners described in subsection (a)(1)(A);

(2) 331⁄3 percent of the payments to eligible persons that

are controllers described in subsection (a)(1)(B); and

(3) 331⁄3 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

PUBLIC LAW 107–76—NOV. 28, 2001 115 STAT. 747

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.

Æ

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-tofarmer 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.