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[107th Congress Public Law 76]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ076.107]

[[Page 703]]

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
                RELATED AGENCIES APPROPRIATIONS ACT, 2002

[[Page 115 STAT. 704]]

Public Law 107-76
107th Congress

                                 An Act

 
Making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year ending 
      September 30, 2002, and for other purposes. <<NOTE: Nov. 28, 
                         2001 -  [H.R. 2330]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2002.>> That the following sums are appropriated, 
out of any money in the Treasury not otherwise appropriated, for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies programs for the fiscal year ending September 30, 2002, 
and for other purposes, namely:

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing, and Marketing

                         Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C. 
3109, $2,992,000: Provided, That not to exceed $11,000 of this amount 
shall be available for official reception and representation expenses, 
not otherwise provided for, as determined by the Secretary: Provided 
further, That none of the funds appropriated or otherwise made available 
by this Act may be used to pay the salaries and expenses of personnel of 
the Department of Agriculture to carry out section 793(c)(1)(C) of 
Public Law 104-127: Provided further, That none of the funds made 
available by this Act may be used to enforce section 793(d) of Public 
Law 104-127.

                          Executive Operations

                             chief economist

    For necessary expenses of the Chief Economist, including economic 
analysis, risk assessment, cost-benefit analysis, energy and new uses, 
and the functions of the World Agricultural Outlook Board, as authorized 
by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$5,000 is for employment under 5 U.S.C. 3109, $7,704,000.

[[Page 115 STAT. 705]]

                        national appeals division

    For necessary expenses of the National Appeals Division, including 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is 
for employment under 5 U.S.C. 3109, $12,869,000.

                  office of budget and program analysis

    For necessary expenses of the Office of Budget and Program Analysis, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$5,000 is for employment under 5 U.S.C. 3109, $7,041,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, including employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to 
exceed $10,000 is for employment under 5 U.S.C. 3109, $10,029,000.

                      common computing environment

    For necessary expenses to acquire a Common Computing Environment for 
the Natural Resources Conservation Service, the Farm and Foreign 
Agricultural Service and Rural Development mission areas for information 
technology, systems, and services, $59,369,000, to remain available 
until expended, for the capital asset acquisition of shared information 
technology systems, including services as authorized by 7 U.S.C. 6915-16 
and 40 U.S.C. 1421-28: Provided, That obligation of these funds shall be 
consistent with the Department of Agriculture Service Center 
Modernization Plan of the county-based agencies, and shall be with the 
concurrence of the Department's Chief Information Officer.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$10,000 is for employment under 5 U.S.C. 3109, $5,384,000: Provided, 
That the Chief Financial Officer shall actively market and expand cross-
servicing activities of the National Finance Center.

          Office of the Assistant Secretary for Administration

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Administration to carry out the programs funded by this 
Act, $647,000.

[[Page 115 STAT. 706]]

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and other 
actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings, $187,647,000, to 
remain available until expended: Provided, That the Secretary of 
Agriculture may transfer a share of that agency's appropriation made 
available by this Act to this appropriation, or may transfer a share of 
this appropriation to that agency's appropriation to cover the costs of 
new or replacement space for such agency, but such transfers shall not 
exceed 5 percent of the funds made available for space rental and 
related costs to or from this account.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9601 et seq., and the Resource Conservation and 
Recovery Act, 42 U.S.C. 6901 et seq., $15,665,000, to remain available 
until expended: Provided, That appropriations and funds available herein 
to the Department for Hazardous Materials Management may be transferred 
to any agency of the Department for its use in meeting all requirements 
pursuant to the above Acts on Federal and non-Federal lands.

                       Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $37,079,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration and disaster management of the 
Department, repairs and alterations, and other miscellaneous supplies 
and expenses not otherwise provided for and necessary for the practical 
and efficient work of the Department, including employment pursuant to 
the second sentence of section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225), of which not to exceed $10,000 is for employment under 5 
U.S.C. 3109: Provided, That this appropriation shall be reimbursed from 
applicable appropriations in this Act for travel expenses incident to 
the holding of hearings as required by 5 U.S.C. 551-558.

               outreach for socially disadvantaged farmers

    For grants and contracts pursuant to section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 
$3,243,000, to remain available until expended.

[[Page 115 STAT. 707]]

      Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Congressional Relations to carry out the programs funded 
by this Act, including programs involving intergovernmental affairs and 
liaison within the executive branch, $3,718,000: Provided, That these 
funds may be transferred to agencies of the Department of Agriculture 
funded by this Act to maintain personnel at the agency level: Provided 
further, That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses to carry out services relating to the 
coordination of programs involving public affairs, for the dissemination 
of agricultural information, and the coordination of information, work, 
and programs authorized by Congress in the Department, $8,894,000, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$10,000 shall be available for employment under 5 U.S.C. 3109, and not 
to exceed $2,000,000 may be used for farmers' bulletins.

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General 
Act of 1978, $70,839,000, including such sums as may be necessary for 
contracting and other arrangements with public agencies and private 
persons pursuant to section 6(a)(9) of the Inspector General Act of 
1978, including not to exceed $50,000 for employment under 5 U.S.C. 
3109; and including not to exceed $125,000 for certain confidential 
operational expenses, including the payment of informants, to be 
expended under the direction of the Inspector General pursuant to Public 
Law 95-452 and section 1337 of Public Law 97-98.

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$32,627,000.

   Office of the Under Secretary for Research, Education and Economics

    For necessary salaries and expenses of the Office of the Under 
Secretary for Research, Education and Economics to administer the laws 
enacted by the Congress for the Economic Research Service, the National 
Agricultural Statistics Service, the Agricultural Research Service, and 
the Cooperative State Research, Education, and Extension Service, 
$573,000.

[[Page 115 STAT. 708]]

                        Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, 
$67,200,000: Provided, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225).

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, including 
crop and livestock estimates, statistical coordination and improvements, 
marketing surveys, and the Census of Agriculture, as authorized by 7 
U.S.C. 1621-1627, Public Law 105-113, and other laws, $113,786,000, of 
which up to $25,350,000 shall be available until expended for the Census 
of Agriculture: Provided, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be 
available for employment under 5 U.S.C. 3109.

                      Agricultural Research Service

                          salaries and expenses

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percent 
of the total value of the land or interests transferred out of Federal 
ownership, $979,464,000: Provided, That appropriations hereunder shall 
be available for temporary employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
exceed $115,000 shall be available for employment under 5 U.S.C. 3109: 
Provided further, <<NOTE: 7 USC 2254.>> That appropriations hereunder 
shall be available for the operation and maintenance of aircraft and the 
purchase of not to exceed one for replacement only: Provided further, 
That appropriations hereunder shall be available pursuant to 7 U.S.C. 
2250 for the construction, alteration, and repair of buildings and 
improvements, but unless otherwise provided, the cost of constructing 
any one building shall not exceed $375,000, except for headhouses or 
greenhouses which shall each be limited to $1,200,000, and except for 10 
buildings to be constructed or improved at a cost not to exceed $750,000 
each, and the cost of altering any one building during the fiscal year 
shall not exceed 10 percent of the current replacement value of the 
building or $375,000, whichever is greater: Provided further, That the 
limitations on alterations contained in this Act shall not apply to 
modernization or replacement of existing facilities at Beltsville, 
Maryland: Provided further, That appropriations hereunder shall be

[[Page 115 STAT. 709]]

available for granting easements at the Beltsville Agricultural Research 
Center, including an easement to the University of Maryland to construct 
the Transgenic Animal Facility which upon completion shall be accepted 
by the Secretary as a gift: Provided further, That the foregoing 
limitations shall not apply to replacement of buildings needed to carry 
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That 
funds may be received from any State, other political subdivision, 
organization, or individual for the purpose of establishing or operating 
any research facility or research project of the Agricultural Research 
Service, as authorized by law.

    None of the funds in the foregoing paragraph shall be available to 
carry out research related to the production, processing or marketing of 
tobacco or tobacco products.
    In fiscal year 2002, the agency is authorized to charge fees, 
commensurate with the fair market value, for any permit, easement, 
lease, or other special use authorization for the occupancy or use of 
land and facilities (including land and facilities at the Beltsville 
Agricultural Research Center) issued by the agency, as authorized by 
law, and such fees shall be credited to this account, and shall remain 
available until expended for authorized purposes.

                        buildings and facilities

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $118,987,000, 
to remain available until expended (7 U.S.C. 2209b): Provided, That 
funds may be received from any State, other political subdivision, 
organization, or individual for the purpose of establishing any research 
facility of the Agricultural Research Service, as authorized by law.

      Cooperative State Research, Education, and Extension Service

                    research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$542,062,000, as follows: to carry out the provisions of the Hatch Act 
(7 U.S.C. 361a-i), $180,148,000; for grants for cooperative forestry 
research (16 U.S.C. 582a-a7), $21,884,000; for payments to the 1890 
land-grant colleges, including Tuskegee University (7 U.S.C. 3222), 
$34,604,000, of which $1,507,496 shall be made available only for the 
purpose of ensuring that each institution shall receive no less than 
$1,000,000; for special grants for agricultural research (7 U.S.C. 
450i(c)), $97,008,000; for special grants for agricultural research on 
improved pest control (7 U.S.C. 450i(c)), $15,206,000; for competitive 
research grants (7 U.S.C. 450i(b)), $120,452,000; for the support of 
animal health and disease programs (7 U.S.C. 3195), $5,098,000; for 
supplemental and alternative crops and products (7 U.S.C. 3319d), 
$924,000; for grants for research pursuant to the Critical Agricultural 
Materials Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and 
Agriculture Act of 1977 (7 U.S.C. 3318), $720,000, to remain available 
until expended; for the 1994 research program (7 U.S.C. 301 note),

[[Page 115 STAT. 710]]

$998,000, to remain available until expended; for higher education 
graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,993,000, to remain 
available until expended (7 U.S.C. 2209b); for higher education 
challenge grants (7 U.S.C. 3152(b)(1)), $4,340,000; for a higher 
education multicultural scholars program (7 U.S.C. 3152(b)(5)), 
$998,000, to remain available until expended (7 U.S.C. 2209b); for an 
education grants program for Hispanic-serving Institutions (7 U.S.C. 
3241), $3,492,000; for noncompetitive grants for the purpose of carrying 
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) 
to individual eligible institutions or consortia of eligible 
institutions in Alaska and in Hawaii, with funds awarded equally to each 
of the States of Alaska and Hawaii, $2,997,000; for a secondary 
agriculture education program and 2-year post-secondary education (7 
U.S.C. 3152(h)), $1,000,000; for aquaculture grants (7 U.S.C. 3322), 
$3,996,000; for sustainable agriculture research and education (7 U.S.C. 
5811), $12,500,000; for a program of capacity building grants (7 U.S.C. 
3152(b)(4)) to colleges eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee 
University, $9,479,000, to remain available until expended (7 U.S.C. 
2209b); for payments to the 1994 Institutions pursuant to section 
534(a)(1) of Public Law 103-382, $1,549,000; and for necessary expenses 
of Research and Education Activities, of which not to exceed $100,000 
shall be for employment under 5 U.S.C. 3109, $21,676,000.
    None of the funds in the foregoing paragraph shall be available to 
carry out research related to the production, processing or marketing of 
tobacco or tobacco products: Provided, That this paragraph shall not 
apply to research on the medical, biotechnological, food, and industrial 
uses of tobacco.

               native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $7,100,000.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa, 
$439,473,000, as follows: payments for cooperative extension work under 
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of 
said Act, and under section 208(c) of Public Law 93-471, for retirement 
and employees' compensation costs for extension agents and for costs of 
penalty mail for cooperative extension agents and State extension 
directors, $275,940,000, of which $3,600,000 may be used to carry out 
Public Law 107-19; payments for extension work at the 1994 Institutions 
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,273,000; payments for 
the nutrition and family education program for low-income areas under 
section 3(d) of the Act, $58,566,000; payments for the pest management 
program under section 3(d) of the Act, $10,759,000; payments for the 
farm safety program under section 3(d) of the Act, $5,250,000; payments 
to upgrade research, extension, and teaching facilities at the 1890 
land-grant colleges, including Tuskegee University, as authorized by 
section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $13,500,000, to 
remain available until expended; payments for the rural development 
centers under section 3(d) of the Act, $953,000; payments for youth-at-

[[Page 115 STAT. 711]]

risk programs under section 3(d) of the Act, $8,481,000; for youth farm 
safety education and certification extension grants, to be awarded 
competitively under section 3(d) of the Act, $499,000; payments for 
carrying out the provisions of the Renewable Resources Extension Act of 
1978, $4,093,000; payments for Indian reservation agents under section 
3(d) of the Act, $1,996,000; payments for sustainable agriculture 
programs under section 3(d) of the Act, $4,750,000; payments for rural 
health and safety education as authorized by section 2390 of Public Law 
101-624 (7 U.S.C. 2661 note, 2662), $2,622,000; payments for cooperative 
extension work by the colleges receiving the benefits of the second 
Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University, 
$31,181,000, of which $1,724,884 shall be made available only for the 
purpose of ensuring that each institution shall receive no less than 
$1,000,000; and for Federal administration and coordination including 
administration of the Smith-Lever Act, and the Act of September 29, 1977 
(7 U.S.C. 341-349), and section 1361(c) of the Act of October 3, 1980 (7 
U.S.C. 301 note), and to coordinate and provide program leadership for 
the extension work of the Department and the several States and insular 
possessions, $17,610,000: Provided, That funds hereby appropriated 
pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of 
the Act of June 23, 1972, shall not be paid to any State, the District 
of Columbia, Puerto Rico, Guam, or the Virgin Islands, Micronesia, 
Northern Marianas, and American Samoa prior to availability of an equal 
sum from non-Federal sources for expenditure during the current fiscal 
year.

                          integrated activities

    For the integrated research, education, and extension competitive 
grants programs, including necessary administrative expenses, as 
authorized under section 406 of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (7 U.S.C. 7626), $42,853,000, as 
follows: payments for the water quality program, $12,971,000; payments 
for the food safety program, $14,967,000; payments for the national 
agriculture pesticide impact assessment program, $4,531,000; payments 
for the Food Quality Protection Act risk mitigation program for major 
food crop systems, $4,889,000; payments for the crops affected by Food 
Quality Protection Act implementation, $1,497,000; payments for the 
methyl bromide transition program, $2,498,000; and payments for the 
organic transition program, $1,500,000.

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary salaries and expenses of the Office of the Under 
Secretary for Marketing and Regulatory Programs to administer programs 
under the laws enacted by the Congress for the Animal and Plant Health 
Inspection Service; the Agricultural Marketing Service; and the Grain 
Inspection, Packers and Stockyards Administration; $654,000.

[[Page 115 STAT. 712]]

               Animal and Plant Health Inspection Service

                          salaries and expenses

                     (including transfers of funds)

    For expenses, not otherwise provided for, including those pursuant 
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to 
prevent, control, and eradicate pests and plant and animal diseases; to 
carry out inspection, quarantine, and regulatory activities; to 
discharge the authorities of the Secretary of Agriculture under the Acts 
of March 2, 1931 (46 Stat. 1468) and December 22, 1987 (101 Stat. 1329-
1331) (7 U.S.C. 426-426c); and to protect the environment, as authorized 
by law, $620,490,000, of which $4,096,000 shall be available for the 
control of outbreaks of insects, plant diseases, animal diseases and for 
control of pest animals and birds to the extent necessary to meet 
emergency conditions; of which $77,355,000 shall be used for the boll 
weevil eradication program for cost share purposes or for debt 
retirement for active eradication zones: Provided, That no funds shall 
be used to formulate or administer a brucellosis eradication program for 
the current fiscal year that does not require minimum matching by the 
States of at least 40 percent: Provided further, That this appropriation 
shall be available for field employment pursuant to the second sentence 
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
exceed $40,000 shall be available for employment under 5 U.S.C. 3109: 
Provided further, That this appropriation shall be available for the 
operation and maintenance of aircraft and the purchase of not to exceed 
four, of which two shall be for replacement only: Provided 
further, <<NOTE: 21 USC 129.>> That, in addition, in emergencies which 
threaten any segment of the agricultural production industry of this 
country, the Secretary may transfer from other appropriations or funds 
available to the agencies or corporations of the Department such sums as 
may be deemed necessary, to be available only in such emergencies for 
the arrest and eradication of contagious or infectious disease or pests 
of animals, poultry, or plants, and for expenses in accordance with the 
Act of February 28, 1947, and section 102 of the Act of September 21, 
1944, and any unexpended balances of funds transferred for such 
emergency purposes in the preceding fiscal year shall be merged with 
such transferred amounts: Provided further, That appropriations 
hereunder shall be available pursuant to law (7 U.S.C. 2250) for the 
repair and alteration of leased buildings and improvements, but unless 
otherwise provided the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement value 
of the building.

    In fiscal year 2002, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic and 
international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, or 
services provided to the entity by the agency, and such fees shall be 
credited to this account, to remain available until expended, without 
further appropriation, for providing such assistance, goods, or 
services.

[[Page 115 STAT. 713]]

    Of the total amount available under this heading in fiscal year 
2002, $84,813,000 shall be derived from user fees deposited in the 
Agricultural Quarantine Inspection User Fee Account.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $7,189,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses to carry out services related to consumer 
protection, agricultural marketing and distribution, transportation, and 
regulatory programs, as authorized by law, and for administration and 
coordination of payments to States, including field employment pursuant 
to the second sentence of section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225) and not to exceed $90,000 for employment under 5 U.S.C. 
3109, $71,430,000, including funds for the wholesale market development 
program for the design and development of wholesale and farmer market 
facilities for the major metropolitan areas of the country: Provided, 
That this appropriation shall be available pursuant to law (7 U.S.C. 
2250) for the alteration and repair of buildings and improvements, but 
the cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.
    Fees may be collected for the cost of standardization activities, as 
established by regulation pursuant to law (31 U.S.C. 9701).

                  limitation on administrative expenses

    Not to exceed $60,596,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, except for: 
(1) transfers to the Department of Commerce as authorized by the Fish 
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in 
this Act; and (3) not more than $13,995,000 for formulation and 
administration of marketing agreements and orders pursuant to the 
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 
1961.

[[Page 115 STAT. 714]]

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,347,000.

         Grain Inspection, Packers and Stockyards Administration

                          salaries and expenses

    For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, for the administration of the Packers and 
Stockyards Act, for certifying procedures used to protect purchasers of 
farm products, and the standardization activities related to grain under 
the Agricultural Marketing Act of 1946, including field employment 
pursuant to the second sentence of section 706(a) of the Organic Act of 
1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment under 5 
U.S.C. 3109, $33,117,000: Provided, That this appropriation shall be 
available pursuant to law (7 U.S.C. 2250) for the alteration and repair 
of buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.

         limitation on inspection and weighing services expenses

    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, That if grain export activities require additional supervision 
and oversight, or other uncontrollable factors occur, this limitation 
may be exceeded by up to 10 percent with notification to the Committees 
on Appropriations of both Houses of Congress.

              Office of the Under Secretary for Food Safety

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food Safety to administer the laws enacted by the Congress 
for the Food Safety and Inspection Service, $476,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $715,642,000, of which no 
less than $608,730,000 shall be available for Federal food inspection; 
and in addition, $1,000,000 may be credited to this account from fees 
collected for the cost of laboratory accreditation as authorized by 
section 1017 of Public Law 102-237: Provided, That this appropriation 
shall be available for field employment pursuant to the second sentence 
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
exceed $75,000 shall be available for employment under 5 U.S.C. 3109: 
Provided further, That this appropriation shall be available pursuant to 
law (7 U.S.C. 2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during

[[Page 115 STAT. 715]]

the fiscal year shall not exceed 10 percent of the current replacement 
value of the building.

Office of the Under Secretary for Farm and Foreign Agricultural Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Farm and Foreign Agricultural Services to administer the 
laws enacted by Congress for the Farm Service Agency, the Foreign 
Agricultural Service, the Risk Management Agency, and the Commodity 
Credit Corporation, $606,000.

                           Farm Service Agency

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$939,030,000: Provided, That the Secretary is authorized to use the 
services, facilities, and authorities (but not the funds) of the 
Commodity Credit Corporation to make program payments for all programs 
administered by the Agency: Provided further, That other funds made 
available to the Agency for authorized activities may be advanced to and 
merged with this account: Provided further, That these funds shall be 
available for employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$1,000,000 shall be available for employment under 5 U.S.C. 3109.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit Act 
of 1987 (7 U.S.C. 5101-5106), $3,493,000.

                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, $100,000, to remain available until expended: 
Provided, That such program is carried out by the Secretary in the same 
manner as the dairy indemnity program described in the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available 
from funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,146,996,000, of which $1,000,000,000 shall be for 
guaranteed loans and $146,996,000 shall be for direct loans; operating 
loans, $2,616,729,000, of which $1,500,000,000 shall be for unsubsidized 
guaranteed loans,

[[Page 115 STAT. 716]]

$505,531,000 shall be for subsidized guaranteed loans and $611,198,000 
shall be for direct loans; Indian tribe land acquisition loans as 
authorized by 25 U.S.C. 488, $2,000,000; for emergency insured loans, 
$25,000,000 to meet the needs resulting from natural disasters; and for 
boll weevil eradication program loans as authorized by 7 U.S.C. 1989, 
$100,000,000.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $8,366,000, of which 
$4,500,000 shall be for guaranteed loans; operating loans, $175,780,000, 
of which $52,650,000 shall be for unsubsidized guaranteed loans and 
$68,550,000 shall be for subsidized guaranteed loans; Indian tribe land 
acquisition loans as authorized by 25 U.S.C. 488, $118,400; and for 
emergency insured loans, $3,362,500 to meet the needs resulting from 
natural disasters.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $280,595,000, of which $272,595,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: Provided, That 
the Committees on Appropriations of both Houses of Congress are notified 
at least 15 days in advance of any transfer.

                         Risk Management Agency

    For administrative and operating expenses, as authorized by the 
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933), 
$74,752,000: Provided, That not to exceed $700 shall be available for 
official reception and representation expenses, as authorized by 7 
U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act, such sums as may be necessary, to remain available until 
expended (7 U.S.C. 2209b).

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

    For fiscal year 2002, such sums as may be necessary to reimburse the 
Commodity Credit Corporation for net realized losses

[[Page 115 STAT. 717]]

sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11).

        operations and maintenance for hazardous waste management

                        (limitation on expenses)

    For fiscal year 2002, the Commodity Credit Corporation shall not 
expend more than $5,000,000 for site investigation and cleanup expenses, 
and operations and maintenance expenses to comply with the requirement 
of section 107(g) of the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of 
the Resource Conservation and Recovery Act, 42 U.S.C. 6961.

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

    For necessary salaries and expenses of the Office of the Under 
Secretary for Natural Resources and Environment to administer the laws 
enacted by the Congress for the Forest Service and the Natural Resources 
Conservation Service, $730,000.

                 Natural Resources Conservation Service

                         conservation operations

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$779,000,000, to remain available until expended (7 U.S.C. 2209b), of 
which not less than $8,515,000 is for snow survey and water forecasting, 
and not less than $9,849,000 is for operation and establishment of the 
plant materials centers, and of which not less than $21,500,000 shall be 
for the grazing lands conservation initiative: Provided, That 
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 
for construction and improvement of buildings and public improvements at 
plant materials centers, except that the cost of alterations and 
improvements to other buildings and other public improvements shall not 
exceed $250,000: Provided further, That when buildings or other 
structures are erected on non-Federal land, that the right to use such 
land is obtained as

[[Page 115 STAT. 718]]

provided in 7 U.S.C. 2250a: Provided further, That this appropriation 
shall be available for technical assistance and related expenses to 
carry out programs authorized by section 202(c) of title II of the 
Colorado River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): 
Provided further, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be 
available for employment under 5 U.S.C. 3109: Provided further, That 
qualified local engineers may be temporarily employed at per diem rates 
to perform the technical planning work of the Service (16 U.S.C. 590e-
2).

                     watershed surveys and planning

    For necessary expenses to conduct research, investigation, and 
surveys of watersheds of rivers and other waterways, and for small 
watershed investigations and planning, in accordance with the Watershed 
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 
1001-1009), $10,960,000: Provided, That this appropriation shall be 
available for employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$110,000 shall be available for employment under 5 U.S.C. 3109.

                watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing works 
and changes in use of land, in accordance with the Watershed Protection 
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005 
and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 
590a-f), and in accordance with the provisions of laws relating to the 
activities of the Department, $106,590,000, to remain available until 
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available 
for the watersheds authorized under the Flood Control Act approved June 
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to 
exceed $45,514,000 of this appropriation shall be available for 
technical assistance: Provided further, That this appropriation shall be 
available for employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$200,000 shall be available for employment under 5 U.S.C. 3109: Provided 
further, That not to exceed $1,000,000 of this appropriation is 
available to carry out the purposes of the Endangered Species Act of 
1973 (Public Law 93-205), including cooperative efforts as contemplated 
by that Act to relocate endangered or threatened species to other 
suitable habitats as may be necessary to expedite project construction.

                    watershed rehabilitation program

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001 et seq.), 
as amended by section 313 of Public Law 106-472, November 9, 2000 (16 
U.S.C. 1012), and in accordance with

[[Page 115 STAT. 719]]

the provisions of laws relating to the activities of the Department, 
$10,000,000, to remain available until expended.

                  resource conservation and development

    For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant to 
the provisions of section 32(e) of title III of the Bankhead-Jones Farm 
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 
(16 U.S.C. 590a-f); and the Agriculture and Food Act of 1981 (16 U.S.C. 
3451-3461), $48,048,000, to remain available until expended (7 U.S.C. 
2209b): Provided, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be 
available for employment under 5 U.S.C. 3109.

                       forestry incentives program

    For necessary expenses, not otherwise provided for, to carry out the 
program of forestry incentives, as authorized by the Cooperative 
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical 
assistance and related expenses, $6,811,000, to remain available until 
expended, as authorized by that Act.

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under the laws 
enacted by the Congress for the Rural Housing Service, the Rural 
Business-Cooperative Service, and the Rural Utilities Service of the 
Department of Agriculture, $623,000.

                   rural community advancement program

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants, as 
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for 
sections 381E-H, 381N, and 381O of the Consolidated Farm and Rural 
Development Act, $806,557,000, to remain available until expended, of 
which $83,545,000 shall be for rural community programs described in 
section 381E(d)(1) of such Act; of which $646,512,000 shall be for the 
rural utilities programs described in sections 381E(d)(2), 306C(a)(2), 
and 306D of such Act; and of which $76,500,000 shall be for the rural 
business and cooperative development programs described in sections 
381E(d)(3) and 310B(f) of such Act: Provided, That of the total amount 
appropriated in this account, $24,000,000 shall be for loans and grants 
to benefit Federally Recognized Native American Tribes, including grants 
for drinking water and waste disposal systems pursuant to section 306C 
of such Act, of which $4,000,000 shall be available for community 
facilities grants to tribal colleges, as authorized by section 
306(a)(19) of the Consolidated Farm and Rural Development Act, and of 
which $250,000 shall be available for a grant to a qualified

[[Page 115 STAT. 720]]

national organization to provide technical assistance for rural 
transportation in order to promote economic development: Provided 
further, That of the amount appropriated for rural community programs, 
$6,000,000 shall be available for a Rural Community Development 
Initiative: Provided further, That such funds shall be used solely to 
develop the capacity and ability of private, nonprofit community-based 
housing and community development organizations, low-income rural 
communities, and Federally Recognized Native American Tribes to 
undertake projects to improve housing, community facilities, community 
and economic development projects in rural areas: Provided further, That 
such funds shall be made available to qualified private, nonprofit and 
public intermediary organizations proposing to carry out a program of 
financial and technical assistance: Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That of the amount 
appropriated for the rural business and cooperative development 
programs, not to exceed $500,000 shall be made available for a grant to 
a qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development; and 
$2,000,000 shall be for grants to Mississippi Delta Region counties: 
Provided further, That of the amount appropriated for rural utilities 
programs, not to exceed $20,000,000 shall be for water and waste 
disposal systems to benefit the Colonias along the United States/Mexico 
border, including grants pursuant to section 306C of such Act; not to 
exceed $24,000,000 shall be for water and waste disposal systems for 
rural and native villages in Alaska pursuant to section 306D of such 
Act, with up to 1 percent available to administer the program and up to 
1 percent available to improve interagency coordination may be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''; not to exceed $17,465,000, shall 
be for technical assistance grants for rural water and waste systems 
pursuant to section 306(a)(14) of such Act, of which $5,250,000 shall be 
for Rural Community Assistance Programs; and not to exceed $11,000,000 
shall be for contracting with qualified national organizations for a 
circuit rider program to provide technical assistance for rural water 
systems: Provided further, That of the total amount appropriated, not to 
exceed $37,624,000 shall be available through June 30, 2002, for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones; of which $1,163,000 shall be for the rural community 
programs described in section 381E(d)(1) of such Act, of which 
$27,431,000 shall be for the rural utilities programs described in 
section 381E(d)(2) of such Act, and of which $9,030,000 shall be for the 
rural business and cooperative development programs described in section 
381E(d)(3) of such Act: Provided further, That of the amount 
appropriated for rural community programs, not to exceed $25,000,000 
shall be to provide grants for facilities in rural communities with 
extreme unemployment and severe economic depression (Public Law 106-
387), with 5 percent for administration and capacity building in the 
State rural development offices: Provided further, That of the amount 
appropriated $30,000,000 shall be to provide grants in rural communities 
with extremely high energy costs: Provided further, That any prior year 
balances for high cost

[[Page 115 STAT. 721]]

energy grants authorized by section 19 of the Rural Electrification Act 
of 1936 (7 U.S.C. 901(19)) shall be transferred to and merged with the 
``Rural Utilities Service, High Energy Costs Grants'' account: Provided 
further, That of the funds appropriated by this Act to the Rural 
Community Advancement Program for guaranteed business and industry 
loans, funds may be transferred to direct business and industry loans as 
deemed necessary by the Secretary and with prior approval of the 
Committees on Appropriations of both Houses of Congress.

                 rural development salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$133,722,000: Provided, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 may be 
used for employment under 5 U.S.C. 3109: Provided further, That not more 
than $10,000 may be expended to provide modest nonmonetary awards to 
non-USDA employees: Provided further, That any balances available from 
prior years for the Rural Utilities Service, Rural Housing Service, and 
the Rural Business-Cooperative Service salaries and expenses accounts 
shall be transferred to and merged with this appropriation.

                          Rural Housing Service

              rural housing insurance fund program account

                      (including transfer of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$4,217,816,000 for loans to section 502 borrowers, as determined by the 
Secretary, of which $1,079,848,000 shall be for direct loans, and of 
which $3,137,968,000 shall be for unsubsidized guaranteed loans; 
$32,324,000 for section 504 housing repair loans; $114,068,000 for 
section 515 rental housing; $99,770,000 for section 538 guaranteed 
multi-family housing loans; $5,090,000 for section 524 site loans; 
$11,778,000 for credit sales of acquired property, of which up to 
$1,778,000 may be for multi-family credit sales; and $5,000,000 for 
section 523 self-help housing land development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $182,274,000 of which 
$142,108,000 shall be for direct loans, and of which $40,166,000 shall 
be for unsubsidized guaranteed loans; section 504 housing repair loans, 
$10,386,000; section 515 rental housing, $48,274,000; section 538 multi-
family housing guaranteed loans, $3,921,000; section 524 site loans, 
$28,000; multi-family credit sales of acquired property, $750,000; and 
section 523 self-help housing land development loans, $254,000: 
Provided, That of the total amount appropriated in this paragraph, 
$11,656,000

[[Page 115 STAT. 722]]

shall be available through June 30, 2002, for authorized empowerment 
zones and enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $422,241,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.
    Of the amounts made available under this heading in chapter 1 of 
title II of Public Law 106-246 (114 Stat. 540) for gross obligations for 
principal amount of direct loans authorized by title V of the Housing 
Act of 1949 for section 515 rental housing, the Secretary of Agriculture 
may use up to $5,986,197 for rental assistance agreements described in 
the item relating to ``Rental Assistance Program'' in such chapter: 
Provided, That such amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Control Act of 1985, as amended.
    In making available for occupancy dwelling units in housing that is 
provided with funds made available under the heading referred to in the 
preceding paragraph, the Secretary of Agriculture may give preference to 
prospective tenants who are residing in temporary housing provided by 
the Federal Emergency Management Agency as a result of an emergency.

                        rental assistance program

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) or agreements entered into in lieu 
of debt forgiveness or payments for eligible households as authorized by 
section 502(c)(5)(D) of the Housing Act of 1949, $701,004,000; and, in 
addition, such sums as may be necessary, as authorized by section 521(c) 
of the Act, to liquidate debt incurred prior to fiscal year 1992 to 
carry out the rental assistance program under section 521(a)(2) of the 
Act: Provided, That of this amount, not more than $5,900,000 shall be 
available for debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Act, and not to exceed $10,000 
per project for advances to nonprofit organizations or public agencies 
to cover direct costs (other than purchase price) incurred in purchasing 
projects pursuant to section 502(c)(5)(C) of the Act: Provided further, 
That agreements entered into or renewed during fiscal year 2002 shall be 
funded for a 5-year period, although the life of any such agreement may 
be extended to fully utilize amounts obligated.

                   mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $35,000,000, to remain available 
until expended (7 U.S.C. 2209b): Provided, That of the total amount 
appropriated, $1,000,000 shall be available through June 30, 2002, for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones.

[[Page 115 STAT. 723]]

                     rural housing assistance grants

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$38,914,000, to remain available until expended: Provided, That of the 
total amount appropriated, $1,200,000 shall be available through June 
30, 2002, for authorized empowerment zones and enterprise communities 
and communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones.

                       farm labor program account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $31,431,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

                   Rural Business--Cooperative Service

               rural development loan fund program account

                      (including transfer of funds)

    For the principal amount of direct loans, as authorized by the Rural 
Development Loan Fund (42 U.S.C. 9812(a)), $38,171,000.
    For the cost of direct loans, $16,494,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be for Federally Recognized Native American Tribes and of which 
$3,449,000 shall be for Mississippi Delta Region counties (as defined by 
Public Law 100-460): Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That of the total 
amount appropriated, $2,730,000 shall be available through June 30, 
2002, for the cost of direct loans for authorized empowerment zones and 
enterprise communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $3,733,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

                     (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$14,966,000.
    For the cost of direct loans, including the cost of modifying loans 
as defined in section 502 of the Congressional Budget Act of 1974, 
$3,616,000.
    Of the funds derived from interest on the cushion of credit payments 
in fiscal year 2002, as authorized by section 313 of the Rural 
Electrification Act of 1936, $3,616,000 shall not be obligated and 
$3,616,000 are rescinded.

[[Page 115 STAT. 724]]

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $7,750,000, of which $2,500,000 shall be available for 
cooperative agreements for the appropriate technology transfer for rural 
areas program: Provided, That not to exceed $1,497,000 of the total 
amount appropriated shall be made available to cooperatives or 
associations of cooperatives whose primary focus is to provide 
assistance to small, minority producers and whose governing board and/or 
membership is comprised of at least 75 percent minority.

        rural empowerment zones and enterprise communities grants

    For grants in connection with a second round of empowerment zones 
and enterprise communities, $14,967,000, to remain available until 
expended, for designated rural empowerment zones and rural enterprise 
communities, as authorized by the Taxpayer Relief Act of 1997 and the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277).

                         Rural Utilities Service

   rural electrification and telecommunications loans program account

                      (including transfer of funds)

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans, $121,107,000; municipal rate rural 
electric loans, $500,000,000; loans made pursuant to section 306 of that 
Act, rural electric, $2,700,000,000; Treasury rate direct electric 
loans, $750,000,000; 5 percent rural telecommunications loans, 
$74,827,000; cost of money rural telecommunications loans, $300,000,000; 
and loans made pursuant to section 306 of that Act, rural 
telecommunications loans, $120,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by the Rural Electrification Act of 1936 (7 
U.S.C. 935 and 936), as follows: cost of rural electric loans, 
$3,689,000, and the cost of telecommunication loans, $2,036,000: 
Provided, That notwithstanding section 305(d)(2) of the Rural 
Electrification Act of 1936, borrower interest rates may exceed 7 
percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $36,000,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

[[Page 115 STAT. 725]]

                  rural telephone bank program account

                      (including transfer of funds)

    The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds available to such corporation 
in accord with law, and to make such contracts and commitments without 
regard to fiscal year limitations as provided by section 104 of the 
Government Corporation Control Act, as may be necessary in carrying out 
its authorized programs. During fiscal year 2002 and within the 
resources and authority available, gross obligations for the principal 
amount of direct loans shall be $174,615,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct loans 
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935), 
$3,737,000.
    In addition, for administrative expenses, including audits, 
necessary to carry out the loan programs, $3,082,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

               distance learning and telemedicine program

    For the principal amount of direct distance learning and 
telemedicine loans, $300,000,000; and for the principal amount of 
broadband telecommunication loans, $80,000,000.
    For the cost of direct loans and grants, as authorized by 7 U.S.C. 
950aaa et seq., $49,441,000, to remain available until expended, to be 
available for loans and grants for telemedicine and distance learning 
services in rural areas: Provided, That $22,500,000 may be available for 
the continuation of a pilot project for a loan and grant program to 
finance broadband transmission and local dial-up Internet service in 
areas that meet the definition of ``rural area'' used for the Distance 
Learning and Telemedicine Program authorized by 7 U.S.C. 950aaa: 
Provided further, That the cost of direct loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974.

             local television loan guarantee program account

                      (including transfer of funds)

    For gross obligations for the principal amount of guaranteed loans, 
as authorized by title X of Public Law 106-553 for the purpose of 
facilitating access to signals of local television stations for 
households located in nonserved areas and underserved areas, 
$258,065,000.
    For the cost of guaranteed loans, including the cost of modifying 
loans as defined in section 502 of the Congressional Budget Act of 1974, 
$20,000,000.
    In addition, for administrative expenses necessary to carry out the 
guaranteed loan program, $2,000,000, which shall be transferred to and 
merged with the appropriation for ``Rural Development, Salaries and 
Expenses''.

[[Page 115 STAT. 726]]

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

 Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food, Nutrition and Consumer Services to administer the 
laws enacted by the Congress for the Food and Nutrition Service, 
$587,000.

                       Food and Nutrition Service

                        child nutrition programs

                      (including transfer of funds)

    For necessary expenses to carry out the National School Lunch Act 
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; 
$10,087,246,000, to remain available through September 30, 2003, of 
which $4,914,788,000 is hereby appropriated and $5,172,458,000 shall be 
derived by transfer from funds available under section 32 of the Act of 
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, That of the funds made available under this heading, 
$500,000 shall be for a School Breakfast Program startup grant pilot 
program for the State of Wisconsin: Provided further, That up to 
$4,507,000 shall be available for independent verification of school 
food service claims.

special supplemental nutrition program for women, infants, and children 
                                  (wic)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $4,348,000,000, to remain available through 
September 30, 2003: Provided, That none of the funds made available 
under this heading shall be used for studies and evaluations: Provided 
further, That of the total amount available, the Secretary shall 
obligate $10,000,000 for the farmers' market nutrition program within 45 
days of the enactment of this Act, and up to an additional $15,000,000 
for the farmers' market nutrition program upon a determination by the 
Secretary that funds are available to meet caseload requirements: 
Provided further, That notwithstanding section 17(h)(10)(A) of such Act, 
$10,000,000 shall be available for the purposes specified in section 
17(h)(10)(B), and up to an additional $4,000,000 shall be available for 
the purposes specified in section 17(h)(10)(B) upon a determination by 
the Secretary that funds are available to meet caseload requirements: 
Provided further, That none of the funds in this Act shall be available 
to pay administrative expenses of WIC clinics except those that have an 
announced policy of prohibiting smoking within the space used to carry 
out the program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant formula 
except in accordance with the cost

[[Page 115 STAT. 727]]

containment and competitive bidding requirements specified in section 17 
of such Act: Provided further, That none of the funds provided shall be 
available for activities that are not fully reimbursed by other Federal 
Government departments or agencies unless authorized by section 17 of 
such Act.

                           food stamp program

    For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011 et seq.), $22,991,986,000, of which $2,000,000,000 shall be placed 
in reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That of the funds 
made available under this heading and not already appropriated to the 
Food Distribution Program on Indian Reservations (FDPIR) established 
under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not 
to exceed $3,000,000 shall be used to purchase bison meat for the FDPIR 
from producer-owned cooperative organizations: Provided further, That 
none of the funds made available under this heading shall be used for 
studies and evaluations: Provided further, That funds provided herein 
shall be expended in accordance with section 16 of the Food Stamp Act: 
Provided further, That this appropriation shall be subject to any work 
registration or workfare requirements as may be required by law: 
Provided further, That of funds that may be reserved by the Secretary 
for allocation to State agencies under section 16(h)(1) of such Act to 
carry out Employment and Training programs, not more than $145,000,000 
made available in previous years may be obligated in fiscal year 2002: 
Provided further, That funds made available for Employment and Training 
under this heading shall remain available until expended, as authorized 
by section 16(h)(1) of the Food Stamp Act: Provided further, That funds 
provided under this heading may be used to procure food coupons 
necessary for program operations in this or subsequent fiscal years 
until electronic benefit transfer implementation is complete.

                      commodity assistance program

                         (including rescission)

    For necessary expenses to carry out the commodity supplemental food 
program as authorized by section 4(a) of the Agriculture and Consumer 
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food 
Assistance Act of 1983, $152,813,000, to remain available through 
September 30, 2003: Provided, That none of these funds shall be 
available to reimburse the Commodity Credit Corporation for commodities 
donated to the program: Provided further, That of the total amount 
available, the Secretary shall provide $10,000,000 for senior farmers' 
market activities: Provided further, That notwithstanding section 
5(a)(2) of the Agriculture and Consumer Protection Act of 1973 (Public 
Law 93-86; 7 U.S.C. 612c note), $20,820,000 of this amount shall be 
available for administrative expenses of the commodity supplemental food 
program: Provided further, That $3,300,000 of unobligated balances 
available at the beginning of fiscal year 2002 are hereby rescinded.

[[Page 115 STAT. 728]]

                         food donations programs

    For necessary expenses to carry out section 4(a) of the Agriculture 
and Consumer Protection Act of 1973; special assistance for the nuclear 
affected islands as authorized by section 103(h)(2) of the Compacts of 
Free Association Act of 1985; and section 311 of the Older Americans Act 
of 1965, $150,749,000, to remain available through September 30, 2003.

                       food program administration

    For necessary administrative expenses of the domestic food programs 
funded under this Act, $127,546,000, of which $5,000,000 shall be 
available only for simplifying procedures, reducing overhead costs, 
tightening regulations, improving food stamp benefit delivery, and 
assisting in the prevention, identification, and prosecution of fraud 
and other violations of law and of which not less than $6,500,000 shall 
be available to improve integrity in the Food Stamp and Child Nutrition 
programs: Provided, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be 
available for employment under 5 U.S.C. 3109.

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 (7 
U.S.C. 1761-1768), market development activities abroad, and for 
enabling the Secretary to coordinate and integrate activities of the 
Department in connection with foreign agricultural work, including not 
to exceed $158,000 for representation allowances and for expenses 
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 
1766), $121,813,000: Provided, That the Service may utilize advances of 
funds, or reimburse this appropriation for expenditures made on behalf 
of Federal agencies, public and private organizations and institutions 
under agreements executed pursuant to the agricultural food production 
assistance programs (7 U.S.C. 1737) and the foreign assistance programs 
of the United States Agency for International Development: Provided 
further, That none of the funds appropriated in this account may be used 
to pay the salaries and expenses of personnel to disburse funds to any 
rice trade association under the market access program or the foreign 
market development program at any time when the applicable international 
activity agreement for such program is not in effect.
    None of the funds in the foregoing paragraph shall be available to 
promote the sale or export of tobacco or tobacco products.

[[Page 115 STAT. 729]]

                 public law 480 title i program account

                     (including transfers of funds)

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of agreements under the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, including 
the cost of modifying credit arrangements under said Acts, $126,409,000, 
to remain available until expended.
    In addition, for administrative expenses to carry out the credit 
program of title I, Public Law 83-480, and the Food for Progress Act of 
1985, to the extent funds appropriated for Public Law 83-480 are 
utilized, $2,005,000, of which $1,033,000 may be transferred to and 
merged with the appropriation for ``Foreign Agricultural Service, 
Salaries and Expenses'', and of which $972,000 may be transferred to and 
merged with the appropriation for ``Farm Service Agency, Salaries and 
Expenses''.

        public law 480 title i ocean freight differential grants

                     (including transfers of funds)

    For ocean freight differential costs for the shipment of 
agricultural commodities under title I of the Agricultural Trade 
Development and Assistance Act of 1954 and under the Food for Progress 
Act of 1985, $20,277,000, to remain available until expended: Provided, 
That funds made available for the cost of agreements under title I of 
the Agricultural Trade Development and Assistance Act of 1954 and for 
title I ocean freight differential may be used interchangeably between 
the two accounts with prior notice to the Committees on Appropriations 
of both Houses of Congress.

                     public law 480 title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance Act of 
1954, $850,000,000, to remain available until expended, for commodities 
supplied in connection with dispositions abroad under title II of said 
Act.

        commodity credit corporation export loans program account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, $4,014,000; 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, of which $3,224,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $790,000 may 
be transferred to and merged with the appropriation for ``Farm Service 
Agency, Salaries and Expenses''.

[[Page 115 STAT. 730]]

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                          salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; and for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; $1,345,386,000, of which not to exceed 
$161,716,000 to be derived from prescription drug user fees authorized 
by 21 U.S.C. 379(h), including any such fees assessed prior to the 
current fiscal year but credited during the current year, in accordance 
with section 736(g)(4), shall be credited to this appropriation and 
remain available until expended: Provided, That fees derived from 
applications received during fiscal year 2002 shall be subject to the 
fiscal year 2002 limitation: Provided further, That none of these funds 
shall be used to develop, establish, or operate any program of user fees 
authorized by 31 U.S.C. 9701: Provided further, That of the total amount 
appropriated: (1) $312,049,000 shall be for the Center for Food Safety 
and Applied Nutrition and related field activities in the Office of 
Regulatory Affairs; (2) $352,647,000 shall be for the Center for Drug 
Evaluation and Research and related field activities in the Office of 
Regulatory Affairs, of which no less than $13,207,000 shall be available 
for grants and contracts awarded under section 5 of the Orphan Drug Act 
(21 U.S.C. 360ee); (3) $155,875,000 shall be for the Center for 
Biologics Evaluation and Research and for related field activities in 
the Office of Regulatory Affairs; (4) $82,967,000 shall be for the 
Center for Veterinary Medicine and for related field activities in the 
Office of Regulatory Affairs; (5) $179,521,000 shall be for the Center 
for Devices and Radiological Health and for related field activities in 
the Office of Regulatory Affairs; (6) $37,082,000 shall be for the 
National Center for Toxicological Research; (7) $29,798,000 shall be for 
Rent and Related activities, other than the amounts paid to the General 
Services Administration, of which $4,000,000 for costs related to 
occupancy of new facilities at White Oak, Maryland, shall remain 
available until September 30, 2003; (8) $105,116,000 shall be for 
payments to the General Services Administration for rent and related 
costs; and (9) $90,331,000 shall be for other activities, including the 
Office of the Commissioner; the Office of Management and Systems; the 
Office of the Senior Associate Commissioner; the Office of International 
and Constituent Relations; the Office of Policy, Legislation, and 
Planning; and central services for these offices: Provided further, That 
funds may be transferred from one specified activity to another with the 
prior approval of the Committees on Appropriations of both Houses of 
Congress.

[[Page 115 STAT. 731]]

    In addition, mammography user fees authorized by 42 U.S.C. 263(b) 
may be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of or used by the Food and 
Drug Administration, where not otherwise provided, $34,281,000, to 
remain available until expended (7 U.S.C. 2209b).

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles; the rental of space (to include multiple year 
leases) in the District of Columbia and elsewhere; and not to exceed 
$25,000 for employment under 5 U.S.C. 3109, $70,700,000, including not 
to exceed $2,000 for official reception and representation expenses.

                       Farm Credit Administration

                  limitation on administrative expenses

    Not to exceed $36,700,000 (from assessments collected from farm 
credit institutions and from the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                      TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for fiscal 
year 2002 under this Act shall be available for the purchase, in 
addition to those specifically provided for, of not to exceed 379 
passenger motor vehicles, of which 378 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. <<NOTE: 7 USC 1623a.>> Not less than $1,500,000 of the 
appropriations of the Department of Agriculture in this Act for research 
and service work authorized by sections 1 and 10 of the Act of June 29, 
1935 (7 U.S.C. 427, 427i; commonly known as the Bankhead-Jones Act), 
subtitle A of title II and section 302 of the Act of August 14, 1946 (7 
U.S.C. 1621 et seq.), and chapter 63 of title 31, United States Code, 
shall be available for contracting in accordance with such Acts and 
chapter.

[[Page 115 STAT. 732]]

    Sec. 704. The Secretary of Agriculture may transfer unobligated 
balances of funds appropriated by this Act or other available 
unobligated balances of the Department of Agriculture to the Working 
Capital Fund for the acquisition of plant and capital equipment 
necessary for the delivery of financial, administrative, and information 
technology services of primary benefit to the agencies of the Department 
of Agriculture: Provided, That none of the funds made available by this 
Act or any other Act shall be transferred to the Working Capital Fund 
without the prior approval of the agency administrator: Provided 
further, That none of the funds transferred to the Working Capital Fund 
pursuant to this section shall be available for obligation without the 
prior approval of the Committees on Appropriations of both Houses of 
Congress.
    Sec. 705. <<NOTE: 7 USC 2209b.>> New obligational authority provided 
for the following appropriation items in this Act shall remain available 
until expended: Animal and Plant Health Inspection Service, the 
contingency fund to meet emergency conditions, fruit fly program, 
emerging plant pests, integrated systems acquisition project, boll 
weevil program, up to 25 percent of the screwworm program, and up to 
$2,000,000 for costs associated with collocating regional offices; Food 
Safety and Inspection Service, field automation and information 
management project; Cooperative State Research, Education, and Extension 
Service, funds for competitive research grants (7 U.S.C. 450i(b)), funds 
for the Research, Education and Economics Information System (REEIS), 
and funds for the Native American Institutions Endowment Fund; Farm 
Service Agency, salaries and expenses funds made available to county 
committees; Foreign Agricultural Service, middle-income country training 
program and up to $2,000,000 of the Foreign Agricultural Service 
appropriation solely for the purpose of offsetting fluctuations in 
international currency exchange rates, subject to documentation by the 
Foreign Agricultural Service.

    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b).
    Sec. 708. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available to 
restrict the authority of the Commodity Credit Corporation to lease 
space for its own use or to lease space on behalf of other agencies of 
the Department of Agriculture when such space will be jointly occupied.
    Sec. 710. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the

[[Page 115 STAT. 733]]

Cooperative State Research, Education, and Extension Service that exceed 
19 percent of total Federal funds provided under each award: Provided, 
That notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the Cooperative 
State Research, Education, and Extension Service shall be available to 
pay full allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 711. Notwithstanding any other provision of this Act, all loan 
levels provided in this Act shall be considered estimates, not 
limitations.
    Sec. 712. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in fiscal year 2002 
shall remain available until expended to cover obligations made in 
fiscal year 2002 for the following accounts: the Rural Development Loan 
Fund program account; the Rural Telephone Bank program account; the 
Rural Electrification and Telecommunications Loans program account; the 
Local Television Loan Guarantee program; the Rural Housing Insurance 
Fund program account; and the Rural Economic Development Loans program 
account.
    Sec. 713. Notwithstanding chapter 63 of title 31, United States 
Code, marketing services of the Agricultural Marketing Service; the 
Grain Inspection, Packers and Stockyards Administration; the Animal and 
Plant Health Inspection Service; and the food safety activities of the 
Food Safety and Inspection Service may use cooperative agreements to 
reflect a relationship between the Agricultural Marketing Service; the 
Grain Inspection, Packers and Stockyards Administration; the Animal and 
Plant Health Inspection Service; or the Food Safety and Inspection 
Service and a state or cooperator to carry out agricultural marketing 
programs, to carry out programs to protect the nation's animal and plant 
resources, or to carry out educational programs or special studies to 
improve the safety of the nation's food supply.
    Sec. 714. None of the funds in this Act may be used to retire more 
than 5 percent of the Class A stock of the Rural Telephone Bank or to 
maintain any account or subaccount within the accounting records of the 
Rural Telephone Bank the creation of which has not specifically been 
authorized by statute: Provided, That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise made 
available in this Act may be used to transfer to the Treasury or to the 
Federal Financing Bank any unobligated balance of the Rural Telephone 
Bank telephone liquidating account which is in excess of current 
requirements and such balance shall receive interest as set forth for 
financial accounts in section 505(c) of the Federal Credit Reform Act of 
1990.
    Sec. 715. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 716. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).

[[Page 115 STAT. 734]]

    Sec. 717. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 718. None of the funds appropriated or otherwise made available 
to the Department of Agriculture shall be used to transmit or otherwise 
make available to any non-Department of Agriculture employee questions 
or responses to questions that are a result of information requested for 
the appropriations hearing process.
    Sec. 719. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committees on 
Appropriations of both Houses of Congress.
    Sec. 720. (a) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2002, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds which: (1) creates new programs; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel by any means for 
any project or activity for which funds have been denied or restricted; 
(4) relocates an office or employees; (5) reorganizes offices, programs, 
or activities; or (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Committees on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in fiscal year 2002, or provided 
from any accounts in the Treasury of the United States derived by the 
collection of fees available to the agencies funded by this Act, shall 
be available for obligation or expenditure for activities, programs, or 
projects through a reprogramming of funds in excess of $500,000 or 10 
percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 10 
percent as approved by Congress; or (3) results from any general savings 
from a reduction in personnel which would result in a change in existing 
programs, activities, or projects as approved by Congress; unless the 
Committees on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.
    (c) <<NOTE: Notification.>> The Secretary of Agriculture shall 
notify the Committees on Appropriations of both Houses of Congress 
before implementing a program or activity not carried out during the 
previous fiscal

[[Page 115 STAT. 735]]

year unless the program or activity is funded by this Act or 
specifically funded by any other Act.

    Sec. 721. With the exception of funds needed to administer and 
conduct oversight of grants awarded and obligations incurred prior to 
enactment of this Act, none of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out section 793 of Public Law 104-127, 
the Fund for Rural America (7 U.S.C. 2204f).
    Sec. 722. With the exception of funds needed to administer and 
conduct oversight of grants awarded and obligations incurred prior to 
enactment of this Act, none of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out the provisions of section 401 of 
Public Law 105-185, the Initiative for Future Agriculture and Food 
Systems (7 U.S.C. 7621).
    Sec. 723. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to carry out a conservation farm option program, as authorized by 
section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb).
    Sec. 724. <<NOTE: Michigan.>> None of the funds made available to 
the Food and Drug Administration by this Act shall be used to reduce the 
Detroit, Michigan, Food and Drug Administration District Office below 
the operating and full-time equivalent staffing level of July 31, 1999; 
or to change the Detroit District Office to a station, residence post or 
similarly modified office; or to reassign residence posts assigned to 
the Detroit District Office: Provided, That this section shall not apply 
to Food and Drug Administration field laboratory facilities or 
operations currently located in Detroit, Michigan, except that field 
laboratory personnel shall be assigned to locations in the general 
vicinity of Detroit, Michigan, pursuant to cooperative agreements 
between the Food and Drug Administration and other laboratory facilities 
associated with the State of Michigan.

    Sec. 725. None of the funds appropriated by this Act or any other 
Act shall be used to pay the salaries and expenses of personnel who 
prepare or submit appropriations language as part of the President's 
Budget submission to the Congress of the United States for programs 
under the jurisdiction of the Appropriations Subcommittees on 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies that assumes revenues or reflects a reduction from the 
previous year due to user fees proposals that have not been enacted into 
law prior to the submission of the Budget unless such Budget submission 
identifies which additional spending reductions should occur in the 
event the user fees proposals are not enacted prior to the date of the 
convening of a committee of conference for the fiscal year 2003 
appropriations Act.
    Sec. 726. None of the funds made available by this Act or any other 
Act may be used to close or relocate a state Rural Development office 
unless or until cost effectiveness and enhancement of program delivery 
have been determined.
    Sec. 727. Of any shipments of commodities made pursuant to section 
416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the Secretary 
of Agriculture shall, to the extent practicable, direct that tonnage 
equal in value to not more than $25,000,000 shall be made available to 
foreign countries to assist in mitigating the

[[Page 115 STAT. 736]]

effects of the Human Immunodeficiency Virus and Acquired Immune 
Deficiency Syndrome on communities, including the provision of--
            (1) agricultural commodities to--
                    (A) individuals with Human Immunodeficiency Virus or 
                Acquired Immune Deficiency Syndrome in the communities; 
                and
                    (B) households in the communities, particularly 
                individuals caring for orphaned children; and
            (2) agricultural commodities monetized to provide other 
        assistance (including assistance under microcredit and 
        microenterprise programs) to create or restore sustainable 
        livelihoods among individuals in the communities, particularly 
        individuals caring for orphaned children.

    Sec. 728. In addition to amounts otherwise appropriated or made 
available by this Act, $2,496,000 is appropriated for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships through the 
Congressional Hunger Center.
    Sec. 729. <<NOTE: 7 USC 2235a.>> Hereafter, refunds or rebates 
received on an on-going basis from a credit card services provider under 
the Department of Agriculture's charge card programs may be deposited to 
and retained without fiscal year limitation in the Department's Working 
Capital Fund established under 7 U.S.C. 2235 and used to fund management 
initiatives of general benefit to the Department of Agriculture bureaus 
and offices as determined by the Secretary of Agriculture or the 
Secretary's designee.

    Sec. 730. Notwithstanding section 412 of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1736f) any balances 
available to carry out title III of such Act as of the date of enactment 
of this Act, and any recoveries and reimbursements that become available 
to carry out title III of such Act, may be used to carry out title II of 
such Act.
    Sec. 731. Section 375(e)(6)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking 
``$25,000,000'' and inserting ``$26,000,000''.
    Sec. 732. None of the funds appropriated or made available by this 
Act shall be used to issue a proposed rule for which the comment period 
would close prior to September 30, 2002, final, or interim final rule 
pursuant to notice and comment rulemaking in relation to any change or 
modification of the definition of ``animal'' in existing regulations 
pursuant to the Animal Welfare Act.
    Sec. 733. <<NOTE: Grants. Loans. State listing.>> Notwithstanding 
any other provision of law, the City of Cabot, Arkansas, the City of 
Berlin, New Hampshire, and the City of Coachella, California, shall be 
eligible for loans and grants provided through the Rural Community 
Advancement Program.

    Sec. 734. <<NOTE: Arizona.>> Notwithstanding any other provision of 
law, the Secretary shall consider the City of Casa Grande, Arizona, as 
meeting the requirements of a rural area in section 520 of the Housing 
Act of 1949 (42 U.S.C. 1490).

    Sec. 735. Of the funds made available under section 27(a) of the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up 
to $5,000,000 for administrative costs associated with the distribution 
of commodities.
    Sec. 736. Notwithstanding any other provision of law, the Secretary 
may transfer up to $13,000,000 in funds provided for the Environmental 
Quality Incentives Program authorized by

[[Page 115 STAT. 737]]

chapter 4, subtitle D, title XII of the Food Security Act of 1985, for 
technical assistance to implement the Conservation Reserve Program 
authorized by subchapter B, chapter 1, title XII of the Food Security 
Act of 1985, with funds to remain available until expended.
    Sec. 737. <<NOTE: Grants. Loans. Missouri.>> Notwithstanding any 
other provision of law, the City of St. Joseph, Missouri, shall be 
eligible for grants and loans administered by the rural development 
mission area of the Department of Agriculture relating to an application 
submitted to the Department by a farmer-owned cooperative, a majority of 
whose members reside in a rural area, as determined by the Secretary, 
and for the purchase and operation of a facility beneficial to the 
purpose of the cooperative.

    Sec. 738. Notwithstanding any other provision of law, the Secretary 
of Agriculture shall consider the City of Hollister, California, as 
meeting the requirements of a rural area for the purposes of housing 
programs in the rural development mission areas of the Department of 
Agriculture.
    Sec. 739. None of the funds appropriated or otherwise made available 
by this Act may be used to maintain, modify, or implement any assessment 
against agricultural producers as part of a commodity promotion, 
research, and consumer information order, known as a check-off program, 
that has not been approved by the affected producers in accordance with 
the statutory requirements applicable to the order.
    Sec. 740. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Drug Analysis (recently renamed the Division of Pharmaceutical Analysis) 
in St. Louis, Missouri, except that funds could be used to plan a 
possible relocation of this Division within the city limits of St. 
Louis, Missouri.
    Sec. 741. Market Loss Assistance for Apple Producers (a) Assistance 
Available.--The Secretary of Agriculture shall use $75,000,000 of funds 
of the Commodity Credit Corporation to make payments as soon as possible 
after the date of the enactment of this Act to apple producers to 
provide relief for the loss of markets for their 2000 crop.
    (b) Payment Basis.--The amount of the payment to a producer under 
subsection (a) shall be made on a per pound basis equal to each 
qualifying producer's 2000 production of apples, except that the 
Secretary shall not make payments for that amount of a particular farm's 
apple production that is in excess of 20,000,000 pounds.
    (c) Duplicative Payments.--A producer shall be ineligible for 
payments under this section with respect to a market loss for apples to 
the extent of that amount that the producer received as compensation or 
assistance for the same loss under any other Federal program, other than 
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
    (d) Other Terms and Conditions.--The Secretary shall not establish 
any terms or conditions for producer eligibility, such as limits based 
upon gross income, other than those specified in this section.
    (e) Applicability.--This section applies only with respect to the 
2000 crop of apples and producers of that crop.

[[Page 115 STAT. 738]]

    Sec. 742. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly known as the ``Buy American Act'').
    Sec. 743. Section 17(a)(2)(B) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(a)(2)(B)) is amended by striking 
``2001'' and inserting ``2002''.
    Sec. 744. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance in the amount of $150,000 to the Mallard Pointe project in 
Madison County, Mississippi.
    Sec. 745. Notwithstanding any other provision of law, the Secretary 
of Agriculture shall, in cooperation with the State of Illinois, develop 
and implement a pilot project utilizing conservation programs of the 
Department of Agriculture for soil, water, wetlands, and wildlife 
habitat enhancement in the Illinois River Basin: Provided, That no funds 
shall be made available to carry out this section unless they are 
expressly provided for a program in this Act or any other Act for 
obligation in fiscal year 2002: Provided further, That any conservation 
reserve program enrollments made pursuant to this section shall be 
subject to section 734 of this Act.
    Sec. 746. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide $250,000 for a wetlands 
restoration and water conservation project in the vicinity of Jamestown, 
Rhode Island.
    Sec. 747. Notwithstanding any other provision of law, $3,000,000 
shall be made available from funds under the rural business and 
cooperative development programs of the Rural Community Advancement 
Program for a grant for an integrated ethanol plant, feedlot, and animal 
waste digestion unit, to the extent matching funds from the Department 
of Energy are provided if a commitment for such matching funds is made 
prior to July 1, 2002: Provided, That such funds shall be released to 
the project after the farmer-owned cooperative equity is in place, and a 
formally executed commitment from a qualified lender based upon receipt 
of necessary permits, contract, and other appropriate documentation has 
been secured by the project.
    Sec. 748. <<NOTE: 7 USC 918b.>> Hereafter, notwithstanding any other 
provision of law, the Administrator of the Rural Utilities Service shall 
use the authorities provided in the Rural Electrification Act of 1936 to 
finance the acquisition of existing generation, transmission and 
distribution systems and facilities serving high cost, predominantly 
rural areas by entities capable of and dedicated to providing or 
improving service in such areas in an efficient and cost effective 
manner.

    Sec. 749. Notwithstanding subsection (f) of section 156 of the 
Agricultural Market Transition Act (7 U.S.C. 7272(f)), any assessment 
imposed under that subsection for marketings of raw cane sugar or beet 
sugar for the 2002 fiscal year shall not be required to be remitted to 
the Commodity Credit Corporation before September 2, 2002.
    Sec. 750. Notwithstanding any other provision of law, the Secretary 
of Agriculture, acting through the Natural Resources Conservation 
Service, shall provide financial assistance from available funds from 
the Emergency Watershed Protection Program in Arkansas, in an amount not 
to exceed $400,000 for completion

[[Page 115 STAT. 739]]

of the current construction phase of the Kuhn Bayou (Point Remove) 
Project.
    Sec. 751. <<NOTE: 16 USC 500 note.>> (a) Temporary Use of Existing 
Payments to States Table.--Notwithstanding section 101(a)(1) of the 
Secure Rural Schools and Community Self-Determination Act of 2000 
(Public Law 106-393; 16 U.S.C. 500 note), for the purpose of making the 
fiscal year 2001 payments under section 102 of such Act to eligible 
States and eligible counties, the full payment amount for each eligible 
State and eligible county shall be deemed to be equal to the full 
payment amount calculated for that eligible State or eligible county in 
the Forest Service document entitled ``P.L. 106-393, Secure Rural 
Schools and Community Self-Determination Act'' and dated July 31, 2001, 
subject to the adjustment required by section 101(b) of such Act.

    (b) Revision of Table.--For the purpose of making payments under 
section 102 of such Act to eligible States and eligible counties for 
fiscal years 2002 through 2006, as required by section 101(a)(1) of such 
Act, the Secretary of Agriculture shall revise the table referred to in 
subsection (a) to accurately reflect, to the maximum extent practicable, 
each eligible State's and eligible county's historic share of the 25-
percent payments and safety net payments made for the fiscal years of 
the eligibility period.
    (c) Reporting Requirement.--Not <<NOTE: Deadline.>> later than March 
1, 2002, the Secretary of Agriculture shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Agriculture of the House of Representatives a report containing the 
revisions made to the table referred to in subsection (a), as required 
by subsection (b).

    (d) Additional Eligible County Election.--Notwithstanding section 
102(b)(2) of such Act, if the revision pursuant to subsection (b) of the 
table referred to in subsection (a) results in a reduced full payment 
amount for an eligible county that elected under section 102(b) of such 
Act to receive the full payment amount, the eligible county shall have a 
90-day period, beginning on the date the revised table is first 
available to the public, during which to reconsider and change its 
election. The eligible county shall notify the Secretary of Agriculture 
of any change in its election before the end of such period. If an 
eligible county elects under this subsection to receive the 25-percent 
payment in place of the full payment amount, the election shall be 
effective for 1 year.
    (e) Treatment of Certain Mineral Leasing Receipts.--(1) An eligible 
county that elects under section 102(b) of such Act to receive its share 
of an eligible State's full payment amount shall continue to receive its 
share of any payments made to that State from a lease for mineral 
resources issued by the Secretary of the Interior under the last 
paragraph under the heading ``forest service.'' in the Act of March 4, 
1917 (Chapter 179; 16 U.S.C. 520).
    (2) Section 6(b) of the Mineral Leasing Act for Acquired Lands (30 
U.S.C. 355(b)) is amended by inserting after the first sentence the 
following new sentence: ``The preceding sentence shall also apply to any 
payment to a State derived from a lease for mineral resources issued by 
the Secretary of the Interior under the last paragraph under the heading 
`forest service.' in the Act of March 4, 1917 (Chapter 179; 16 U.S.C. 
520).''.
    (f) Definitions.--In this section, the terms ``eligible State'', 
``eligible county'', ``eligibility period'', ``full payment amount'', 
``25-

[[Page 115 STAT. 740]]

percent payment'', and ``safety net payments'' have the meanings given 
such terms in section 3 of such Act, and the term ``such Act'' means the 
Secure Rural Schools and Community Self-Determination Act of 2000 
(Public Law 106-393; 16 U.S.C. 500 note).
    Sec. 752. Alaska Permanent Fund. Section 501(b) of the Housing Act 
of 1949 (42 U.S.C. 1471) is amended in paragraph (5)--
            (1) by striking ``(5)'' and inserting ``(5)(A)''; and
            (2) by adding at the end the following:
            ``(B) For purposes of this title, for fiscal years 2002 and 
        2003, the term `income' does not include dividends received from 
        the Alaska Permanent Fund by a person who was under the age of 
        18 years when that person qualified for the dividend.''.

    Sec. 753. <<NOTE: 7 USC 321 note.>> Hereafter, any provision of any 
Act of Congress relating to colleges and universities eligible to 
receive funds under the Act of August 30, 1890, including Tuskegee 
University, shall apply to West Virginia State College at Institute, 
West Virginia: Provided, That the Secretary may waive the matching 
funds' requirement under section 1449 of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222d) 
for fiscal year 2002 for West Virginia State College if the Secretary 
determines the State of West Virginia will be unlikely to satisfy the 
matching requirement.

    Sec. 754. Notwithstanding any other provision of law, the Secretary, 
acting through the Natural Resources Conservation Service, shall provide 
financial and technical assistance relating to the Tanana River 
bordering the Big Delta State Historical Park.
    Sec. 755. None of the funds appropriated or otherwise made available 
by this Act to the Food and Drug Administration shall be used to allow 
admission of fish or fish products labeled wholly or in part as 
``catfish'' unless the products are taxonomically from the family 
Ictaluridae.
    Sec. 756. The Secretary of Agriculture is authorized to accept any 
unused funds transferred to the Alaska Railroad Corporation for 
avalanche control and retransfer up to $499,000 of such funds as a 
direct lump sum payment to the City of Valdez to construct an avalanche 
control wall to protect a public school.
    Sec. 757. The Secretary of Agriculture may use not more than 
$5,000,000 of funds of the Commodity Credit Corporation to pay claims of 
crop damage, upon consultation with the Secretary of the Interior, that 
resulted from the Bureau of Land Management's use of herbicides during 
the 2001 calendar year in the State of Idaho: Provided, That if the 
amount provided in this section is not sufficient to pay all approved 
claims the Secretary of Agriculture shall reduce all approved claims on 
a pro rata basis related to the degree of loss in production: Provided 
further, That nothing in this section shall be construed to constitute 
an admission of liability by the United States arising from the use by 
the Bureau of Land Management of the herbicide Oust: Provided further, 
That the issuance of regulations promulgated pursuant to this section 
shall be made without regard to: (1) the notice and comment provisions 
of section 553 of title 5, United States Code; (2) the Statement of 
Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. 
Reg. 13804), relating to notices of proposed rulemaking and public 
participation in rulemaking; and (3) chapter 35 of title

[[Page 115 STAT. 741]]

44, United States Code (commonly known as the ``Paperwork Reduction 
Act''): Provided further, That in carrying out this section, the 
Secretary shall use the authority provided under section 808 of title 5, 
United States Code.
    Sec. 758. Pilot Program for Enrollment of Wetland and Buffer Acreage 
in Conservation Reserve. (a) In General.--Section 1231(h)(4)(B) of the 
Food Security Act of 1985 (16 U.S.C. 3831(h)(4)(B)) is amended by 
inserting ``(which may include emerging vegetation in water)'' after 
``vegetative cover''.
    (b) Conforming Amendment.--Section 1232(a)(4) of the Food Security 
Act of 1985 (16 U.S.C. 3832(a)(4)) is amended by inserting ``(which may 
include emerging vegetation in water)'' after ``vegetative cover''.
    Sec. 759. <<NOTE: 7 USC 511s.>> Speciality Crops. (a) Grading of 
Tobacco.--
            (1) In general.--Not <<NOTE: Deadline.>> later than March 
        31, 2002, the Secretary of Agriculture (referred to in this 
        section as the ``Secretary'') shall conduct referenda among 
        producers of each kind of tobacco that is eligible for price 
        support under the Agricultural Act of 1949 (7 U.S.C. 1421 et 
        seq.) to determine whether such producers favor the mandatory 
        grading of that kind of tobacco by the Secretary.
            (2) Mandatory grading.--
                    (A) In general.--If the Secretary determines that 
                mandatory grading is favored by a majority of the 
                producers of a kind of tobacco voting in the referendum, 
                the Secretary is authorized and directed to ensure that 
                the kind of tobacco is graded at the time of sale 
                effective for the 2002 and subsequent marketing years.
                    (B) Fees.--To the maximum extent practicable, the 
                Secretary shall establish, collect, and use fees for the 
                grading of tobacco required under this subsection in the 
                same manner as user fees for the grading of tobacco sold 
                at auction authorized under the Tobacco Inspection Act 
                (7 U.S.C. 511 et seq.).
            (3) Judicial review.--A determination by the Secretary under 
        this subsection shall not be subject to judicial review.

    (b) Quota Reduction for Conservation Reserve Acreage.--
            (1) In general.--Section 1236 of the Food Security Act of 
        1985 (16 U.S.C. 3836) is amended--
                    (A) by striking subsection (a);
                    (B) by redesignating subsections (b), (c), and (d) 
                as subsections (a), (b), and (c), respectively;
                    (C) in subsection (b) (as so redesignated), by 
                striking ``subsection (b)'' and inserting ``subsection 
                (a)''; and
                    (D) in subsection (c) (as so redesignated), by 
                striking ``subsection (c)'' and inserting ``subsection 
                (b)''.
            (2) Conforming amendment.--Section 1232(a)(5) of the Food 
        Security Act of 1985 (16 U.S.C. 3832(a)(5)) is amended by 
        striking ``section 1236(d)'' and inserting ``section 1236(c)''.
            (3) Application.--The <<NOTE: 16 USC 3832 note.>> amendments 
        made by this subsection shall apply beginning with the 2002 
        crop.

    (c) Horse Breeder Loans.--
            (1) Definition of horse breeder.--In this subsection, the 
        term ``horse breeder'' means a person that, as of the date of 
        enactment of this Act, derives more than 70 percent of the 
        income of the person from the business of breeding,

[[Page 115 STAT. 742]]

        boarding, raising, training, or selling horses, during the 
        shorter of--
                    (A) the 5-year period ending on January 1, 2001; or
                    (B) the period the person has been engaged in such 
                business.
            (2) Loan authorization.--The Secretary shall make loans to 
        eligible horse breeders to assist the horse breeders for losses 
        suffered as a result of mare reproductive loss syndrome.
            (3) Eligibility.--A horse breeder shall be eligible for a 
        loan under this subsection if the Secretary determines that, as 
        a result of mare reproductive loss syndrome--
                    (A) during the period beginning January 1 and ending 
                October 1 of any of calendar years 2000, 2001, or 2002--
                          (i) 30 percent or more of the mares owned by 
                      the horse breeder failed to conceive, miscarried, 
                      aborted, or otherwise failed to produce a live 
                      healthy foal; or
                          (ii) 30 percent or more of the mares boarded 
                      on a farm owned, operated, or leased by the horse 
                      breeder failed to conceive, miscarried, aborted, 
                      or otherwise failed to produce a live healthy 
                      foal;
                    (B) the horse breeder is unable to meet the 
                financial obligations, or pay the ordinary and necessary 
                expenses, of the horse breeder incurred in connection 
                with breeding, boarding, raising, training, or selling 
                horses; and
                    (C) the horse breeder is not able to obtain 
                sufficient credit elsewhere, in accordance with subtitle 
                C of the Consolidated Farm and Rural Development Act (7 
                U.S.C. 1961 et seq.).
            (4) Amount.--
                    (A) In general.--Subject to subparagraph (B), the 
                amount of a loan made to a horse breeder under this 
                subsection shall be determined by the Secretary on the 
                basis of the amount of losses suffered by the horse 
                breeder, and the financial needs of the horse breeder, 
                as a result of mare reproductive loss syndrome.
                    (B) Maximum amount.--The amount of a loan made to a 
                horse breeder under this subsection shall not exceed the 
                maximum amount of an emergency loan under section 324(a) 
                of the Consolidated Farm and Rural Development Act (7 
                U.S.C. 1964(a)).
            (5) Term.--
                    (A) In general.--Subject to subparagraph (B), the 
                term for repayment of a loan made to a horse breeder 
                under this subsection shall be determined by the 
                Secretary based on the ability of the horse breeder to 
                repay the loan.
                    (B) Maximum term.--The term of a loan made to a 
                horse breeder under this subsection shall not exceed 20 
                years.
            (6) Interest rate.--The interest rate for a loan made to a 
        horse breeder under this subsection shall be the interest rate 
        for emergency loans prescribed under section 324(b)(1) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 
        1964(b)(1)).
            (7) Security.--A loan to a horse breeder under this 
        subsection shall be made on the security required for emergency

[[Page 115 STAT. 743]]

        loans under section 324(d) of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 1964(d)).
            (8) Application.--To <<NOTE: Deadline.>> be eligible to 
        obtain a loan under this subsection, a horse breeder shall 
        submit an application for the loan to the Secretary not later 
        than September 30, 2002.
            (9) Funding.--The Secretary shall carry out this subsection 
        using funds made available to make emergency loans under 
        subtitle C of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1961 et seq.).
            (10) Termination.--The authority provided by this subsection 
        to make a loan terminates effective September 30, 2003.

    Sec. 760. During fiscal year 2002, subsection (a)(2) of section 508 
of the Federal Crop Insurance Act (7 U.S.C. 1508) shall be applied as 
though the term ``and potatoes'' read as follows: ``, potatoes, and 
sweet potatoes''.
    Sec. 761. Citrus Canker Eradication. (a) In General.--Section 810 of 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (114 Stat. 1549A-52) is 
amended--
            (1) in subsection (a) by striking ``The'' and inserting 
        ``Subject to subsection (e), the''; and
            (2) in subsection (c), by striking ``2001'' and inserting 
        ``2002''.

    (b) Effective Date.--The amendments in subsection (a) shall take 
effect as if enacted on September 30, 2001.
    Sec. 762. Section 306(a)(20) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1926(a)(20)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Rural broadband.--Notwithstanding subparagraph 
                (C), the Secretary may make grants to state agencies for 
                use by regulatory commissions in states with rural 
                communities without local dial-up Internet access or 
                broadband service to establish a competitively, 
                technologically neutral grant program to 
                telecommunications carriers or cable operators that 
                establish common carrier facilities and services which, 
                in the commission's determination, will result in the 
                long-term availability to such communities of affordable 
                broadband services which are used for the provision of 
                high speed Internet access.''.

    Sec. 763. In accordance with the Farmland Protection Program, a 
total of $720,000 shall be made available to purchase conservation 
easements or other interests in land, not to exceed 235 acres, in Adair, 
Green, and Taylor Counties, Kentucky: Provided, That $490,000 of this 
amount shall be from funds made available to the Conservation Reserve 
Enhancement Program for the State of Kentucky.
    Sec. 764. Notwithstanding any other provision of law, the City of 
Caldwell, Idaho, shall be eligible for grants and loans administered by 
the Rural Housing Service of the United States Department of Agriculture 
for a period not to exceed 1 year from the date of enactment of this 
Act.
    Sec. 765. Section 8c(1) of the Agricultural Marketing Agreement Act 
of 1937 <<NOTE: 7 USC 608c.>> is amended by adding the following 
provision at the end of the penultimate sentence:

[[Page 115 STAT. 744]]

        ``The Secretary is authorized to implement a producer allotment 
        program and a handler withholding program under the cranberry 
        marketing order in the same crop year through informal 
        rulemaking based on a recommendation and supporting economic 
        analysis submitted by the Cranberry Marketing Committee. Such 
        recommendation and analysis shall be submitted by the Committee 
        no later than March 1 of each year.''.

    Sec. 766. Section 11(f) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1759a(f)) is amended by--
            (1) in paragraph (1)(E), by striking ``2001'' and inserting 
        ``2003''; and
            (2) in paragraph (2)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) In general.--
                The <<NOTE: Reports. Deadlines.>> Secretary shall submit 
                to the Committee on Education and the Workforce of the 
                House of Representatives and the Committee on 
                Agriculture, Nutrition, and Forestry of the Senate--
                          ``(i) not later than January 1, 2003, an 
                      interim report on the activities of the State 
                      agencies receiving grants under this subsection; 
                      and
                          ``(ii) not later than January 1, 2004, a final 
                      report on the activities of the State agencies 
                      receiving grants under this subsection.''; and
                    (B) in subparagraph (B), by striking ``report'' and 
                inserting ``reports''.

    Sec. 767. Notwithstanding any other provision of law, the City of 
Mt. Vernon, Washington, shall be eligible for grants and loans 
administered by the Rural Housing Service of the United States 
Department of Agriculture for a period not to exceed 1 year from the 
date of enactment of this Act.
    Sec. 768. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance to DuPage County, Illinois, from funds available for the 
Watershed and Flood Prevention Operations program, not to exceed 
$1,400,000.
    Sec. 769. Notwithstanding any other provision of law, from funds 
previously appropriated for Watershed and Flood Prevention Operations of 
the Natural Resource and Conservation Service, the Secretary of 
Agriculture shall provide technical and financial assistance, but not to 
exceed $1,000,000, in connection with a lake level stabilization project 
carried out as part of local efforts to restore and repair watersheds 
damaged by the 2001 tornado and storms in Burnett and Washburn Counties, 
Wisconsin: Provided, That the Secretary shall waive the cost share 
requirement of the local sponsors of such efforts in Burnett and 
Washburn Counties, Wisconsin.
    Sec. 770. Nowithstanding any other provision of law, from the funds 
appropriated to the Rural Utilities Service by this Act, any current 
Rural Utilities Service borrower within 100 miles of New York City shall 
be eligible for additional financing, refinancing, collateral 
flexibility, and deferrals on an expedited basis without regard to 
population limitations for any financially feasible telecommunications, 
energy or water project that assists endeavors related to the 
rehabilitation, prevention, relocation, site preparation, or relief 
efforts resulting from the terrorist events of September 11, 2001.

[[Page 115 STAT. 745]]

    Sec. 771. Section 17(r)(5) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
            (1) by striking ``six'' and inserting ``seven'';
            (2) by striking ``four'' and inserting ``five''; and
            (3) by inserting ``Illinois,'' after the first instance of 
        ``States shall be''.

    Sec. 772. (a) Extension.--Section 141 of the Agricultural Market 
Transition Act (7 U.S.C. 7251) is amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(5) During the period beginning on January 1, 2002, and 
        ending on May 31, 2002, $9.90.''; and
            (2) in subsection (h), by striking ``December 31, 2001'' 
        both places it appears and inserting ``May 31, 2002''.

    (b) Conforming Amendment.--Section 142 of the Agricultural Market 
Transition Act (7 U.S.C. 7252) is repealed.
    Sec. 773. The Secretary shall transfer to the Southern Minnesota 
Beet Sugar Co-op, refined sugar, acquired by the Commodity Credit 
Corporation, in the amount of 10,000 tons to compensate sugar producers 
in Minnesota for losses incurred beyond those that may be compensated 
under existing programs administered by the Secretary: Provided, That 
this amount of sugar shall be provided in installments starting on the 
day that is 30 days after the date of enactment of this Act and on the 
first day of each of the following 7 months after that day.
    Sec. 774. (a) Definitions.--In this section:
            (1) The term ``eligible person'' means a person that--
                    (A) owns a farm for which, irrespective of temporary 
                transfers or undermarketings, a basic quota or allotment 
                for eligible tobacco is established for the 2001 crop 
                year under part I of subtitle B of title III of the 
                Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et 
                seq.);
                    (B) controls the farm from which, under the quota or 
                allotment for the relevant period, eligible tobacco is 
                marketed, could have been marketed, or can be marketed, 
                taking into account temporary transfers; or
                    (C) grows, could have grown, or can grow eligible 
                tobacco that is marketed, could have been marketed, or 
                can be marketed under the quota or allotment for the 
                2001 crop year, taking into account temporary transfers.
            (2) The term ``eligible tobacco'' means each of the 
        following kinds of tobacco:
                    (A) Fire-cured tobacco, comprising types 22 and 23.
                    (B) Dark air-cured tobacco, comprising types 35 and 
                36.
                    (C) Virginia sun-cured tobacco, comprising type 37.

    (b) Payments.--Not <<NOTE: Deadline.>> later than March 31, 2002, 
the Secretary of Agriculture (referred to in this section as the 
``Secretary'') shall use funds of the Commodity Credit Corporation to 
make payments under this section.

    (c) Poundage Payment Quantities.--For the purposes of this section, 
in the case of each kind of eligible tobacco, individual tobacco quotas 
and allotments shall be converted to poundage payment quantities by 
multiplying--
            (1) the number of acres that may, irrespective of temporary 
        transfers or undermarketings, be devoted, without penalty, to 
        the production of the kind of tobacco under the allotment under

[[Page 115 STAT. 746]]

        part I of subtitle B of title III of the Agricultural Adjustment 
        Act of 1938 (7 U.S.C. 1311 et seq.) for the 2001 crop year; by
            (2)(A) in the case of fire-cured tobacco (types 22 and 23), 
        2,601 pounds per acre;
            (B) in the case of dark air-cured tobacco (types 35 and 36), 
        2,337 pounds per acre; and
            (C) in the case of Virginia sun-cured tobacco (type 37), 
        1,512 pounds per acre.

    (d) Available Payment Amounts.--In the case of each kind of eligible 
tobacco, the available payment amount for pounds of a payment quantity 
under subsection (c) shall be equal to 10 cents per pound.
    (e) Division of Payments Among Eligible Persons.--Payments available 
with respect to a pound of payment quantity, as determined under 
subsection (d), shall be made available to eligible persons in 
accordance with this subsection. In the case of payments made available 
in a State under this section for each kind of eligible tobacco, the 
Secretary shall distribute (as determined by the Secretary)--
            (1) 33\1/3\ percent of the payments to eligible persons that 
        are owners described in subsection (a)(1)(A);
            (2) 33\1/3\ percent of the payments to eligible persons that 
        are controllers described in subsection (a)(1)(B); and
            (3) 33\1/3\ percent of the payments to eligible persons that 
        are growers described in subsection (a)(1)(C).

    (f) Standards.--In carrying out this section, the Secretary shall 
use, to the maximum extent practicable, the same standards for payments 
that were used for making payments under section 204(b) of the 
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 
106-224).
    (g) Judicial Review.--A determination by the Secretary under this 
section shall not be subject to judicial review.
    (h) Regulations.--As soon as practicable after the date of enactment 
of this Act, the Secretary and the Commodity Credit Corporation, as 
appropriate, shall promulgate such regulations as are necessary to 
implement this section. The promulgation of the regulations and 
administration of this section shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').

    (i) Congressional Review of Agency Rulemaking.--In carrying out 
subsection (h), the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.
    Sec. 775. The Competitive, Special, and Facilities Research Grant 
Act (7 U.S.C. 450i) is amended:
            (1) in subsection (b)(3) by adding at the end the following:
                    ``(G) Grants may be awarded to improve research 
                capabilities in States (as defined in the National 
                Agricultural Research, Extension, and Teaching Policy 
                Act of 1977, as amended) in which institutions have been 
                less successful

[[Page 115 STAT. 747]]

                in receiving funding under this subsection, based on a 
                three-year rolling average of funding levels.''; and
            (2) in subsections (b)(10)(C) by striking ``and (F) of 
        paragraph (3) for awarding grants in'' and inserting ``, (F), 
        and (G) of paragraph (3) for''.

    Sec. 776. None of the funds made available in this Act may be used 
to pay the salaries of personnel of the Department of Agriculture who 
carry out the programs authorized by section 524(a) of the Federal Crop 
Insurance Act (7 U.S.C. 1524) in excess of a total of $4,000,000 for all 
such programs for fiscal year 2002.
    Sec. 777. Section 501 of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1737) is amended--
            (1) in the section heading, by inserting ``john ogonowski'' 
        before ``farmer-to-farmer program''; and
            (2) by adding at the end the following new subsection:

    ``(d) Designation of Program.--The program of farmer-to-farmer 
assistance authorized by this section shall be known and designated as 
the `John Ogonowski Farmer-to-Farmer Program'.''.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2002''.

    Approved November 28, 2001.

LEGISLATIVE HISTORY--H.R. 2330 (S. 1191):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 107-116 (Comm. on Appropriations) and 107-275 (Comm. 
of Conference).
SENATE REPORTS: No. 107-41 accompanying S. 1191 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
            June 28, July 11, considered and passed House.
            Oct. 25, considered and passed Senate, amended.
            Oct. 30, Senate agreed to another amendment.
            Nov. 13, House agreed to conference report.
            Nov. 15, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
            Nov. 28, Presidential statement.

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