I

106TH CONGRESS

2D SESSION H. R. 5426

Making appropriations for Agriculture, Rural Development, Food and Drug

Administration, and Related Programs for the fiscal year ending September 30, 2001, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 6, 2000

Mr. SKEEN introduced the following bill; which was referred to the Committee

on Appropriations

A BILL

Making appropriations for Agriculture, Rural Development,

Food and Drug Administration, and Related Programs

for the fiscal year ending September 30, 2001, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for Ag5 riculture, Rural Development, Food and Drug Administra6 tion, and Related Agencies for the fiscal year ending Sep7 tember 30, 2001, and for other purposes, namely:
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1 TITLE I

2 AGRICULTURAL PROGRAMS

3 PRODUCTION, PROCESSING, AND MARKETING

4 OFFICE OF THE SECRETARY

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses of the Office of the Secretary

7 of Agriculture, and not to exceed $75,000 for employment

8 under 5 U.S.C. 3109, $2,914,000: Provided, That not to

9 exceed $11,000 of this amount shall be available for offi10 cial reception and representation expenses, not otherwise

11 provided for, as determined by the Secretary: Provided

12 further, That none of the funds appropriated or otherwise

13 made available by this Act may be used to pay the salaries

14 and expenses of personnel of the Department of Agri15 culture to carry out section 793(c)(1)(C) of Public Law

16 104–127: Provided further, That none of the funds made

17 available by this Act may be used to enforce section 793(d)

18 of Public Law 104–127.

19 EXECUTIVE OPERATIONS

20 CHIEF ECONOMIST

21 For necessary expenses of the Chief Economist, in22 cluding economic analysis, risk assessment, cost-benefit

23 analysis, energy and new uses, and the functions of the

24 World Agricultural Outlook Board, as authorized by the

25 Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and
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1 including employment pursuant to the second sentence of

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

3 2225), of which not to exceed $5,000 is for employment

4 under 5 U.S.C. 3109, $7,462,000.

5 NATIONAL APPEALS DIVISION

6 For necessary expenses of the National Appeals Divi7 sion, including employment pursuant to the second sen8 tence of section 706(a) of the Organic Act of 1944 (7

9 U.S.C. 2225), of which not to exceed $25,000 is for em10 ployment under 5 U.S.C. 3109, $12,421,000.

11 OFFICE OF BUDGET AND PROGRAM ANALYSIS

12 For necessary expenses of the Office of Budget and

13 Program Analysis, including employment pursuant to the

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

15 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is

16 for employment under 5 U.S.C. 3109, $6,765,000.

17 OFFICE OF THE CHIEF INFORMATION OFFICER

18 For necessary expenses of the Office of the Chief In19 formation Officer, including employment pursuant to the

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

21 1944 (7 U.S.C. 2225), of which not to exceed $10,000

22 is for employment under 5 U.S.C. 3109, $10,051,000.

23 COMMON COMPUTING ENVIRONMENT

24 For necessary expenses to acquire a Common Com25 puting Environment for the Natural Resources Conserva26 tion Service, the Farm and Foreign Agricultural Service
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1 and Rural Development mission areas for information

2 technology, systems, and services, $40,000,000, to remain

3 available until expended, for the capital asset acquisition

4 of shared information technology systems, including serv5 ices as authorized by 7 U.S.C. 6915–16 and 40 U.S.C.

6 1421–28: Provided, That obligation of these funds shall

7 be consistent with the Department of Agriculture Service

8 Center Modernization Plan of the county-based agencies,

9 and shall be with the concurrence of the Department’s

10 Chief Information Officer.

11 OFFICE OF THE CHIEF FINANCIAL OFFICER

12 For necessary expenses of the Office of the Chief Fi13 nancial Officer, including employment pursuant to the sec14 ond sentence of section 706(a) of the Organic Act of 1944

15 (7 U.S.C. 2225), of which not to exceed $10,000 is for

16 employment under 5 U.S.C. 3109, $5,171,000: Provided,

17 That the Chief Financial Officer shall actively market

18 cross-servicing activities of the National Finance Center.

19 OFFICE OF THE ASSISTANT SECRETARY FOR

20 ADMINISTRATION

21 For necessary salaries and expenses of the Office of

22 the Assistant Secretary for Administration to carry out

23 the programs funded by this Act, $629,000.
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1 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

2 PAYMENTS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For payment of space rental and related costs pursu5 ant to Public Law 92–313, including authorities pursuant

6 to the 1984 delegation of authority from the Adminis7 trator of General Services to the Department of Agri8 culture under 40 U.S.C. 486, for programs and activities

9 of the Department which are included in this Act, and for

10 the operation, maintenance, improvement, and repair of

11 Agriculture buildings, $182,747,000, to remain available

12 until expended: Provided, That in the event an agency

13 within the Department should require modification of

14 space needs, the Secretary of Agriculture may transfer a

15 share of that agency’s appropriation made available by

16 this Act to this appropriation, or may transfer a share

17 of this appropriation to that agency’s appropriation, but

18 such transfers shall not exceed 5 percent of the funds

19 made available for space rental and related costs to or

20 from this account.

21 HAZARDOUS MATERIALS MANAGEMENT

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses of the Department of Agri24 culture, to comply with the Comprehensive Environmental

25 Response, Compensation, and Liability Act, 42 U.S.C.
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1 9601 et seq., and the Resource Conservation and Recovery

2 Act, 42 U.S.C. 6901 et seq., $15,700,000, to remain avail3 able until expended: Provided, That appropriations and

4 funds available herein to the Department for Hazardous

5 Materials Management may be transferred to any agency

6 of the Department for its use in meeting all requirements

7 pursuant to the above Acts on Federal and non-Federal

8 lands.

9 DEPARTMENTAL ADMINISTRATION

10 (INCLUDING TRANSFERS OF FUNDS)

11 For Departmental Administration, $36,010,000, to

12 provide for necessary expenses for management support

13 services to offices of the Department and for general ad14 ministration and disaster management of the Department,

15 repairs and alterations, and other miscellaneous supplies

16 and expenses not otherwise provided for and necessary for

17 the practical and efficient work of the Department, includ18 ing employment pursuant to the second sentence of section

19 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

20 which not to exceed $10,000 is for employment under 5

21 U.S.C. 3109: Provided, That this appropriation shall be

22 reimbursed from applicable appropriations in this Act for

23 travel expenses incident to the holding of hearings as re24 quired by 5 U.S.C. 551–558.
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1 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

2 For grants and contracts pursuant to section 2501

3 of the Food, Agriculture, Conservation, and Trade Act of

4 1990 (7 U.S.C. 2279), $3,000,000, to remain available

5 until expended.

6 OFFICE OF THE ASSISTANT SECRETARY FOR

7 CONGRESSIONAL RELATIONS

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary salaries and expenses of the Office of

10 the Assistant Secretary for Congressional Relations to

11 carry out the programs funded by this Act, including pro12 grams involving intergovernmental affairs and liaison

13 within the executive branch, $3,568,000: Provided, That

14 these funds may be transferred to agencies of the Depart15 ment of Agriculture funded by this Act to maintain per16 sonnel at the agency level: Provided further, That no other

17 funds appropriated to the Department by this Act shall

18 be available to the Department for support of activities

19 of congressional relations.

20 OFFICE OF COMMUNICATIONS

21 For necessary expenses to carry out services relating

22 to the coordination of programs involving public affairs,

23 for the dissemination of agricultural information, and the

24 coordination of information, work, and programs author25 ized by Congress in the Department, $8,623,000, includ-
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1 ing employment pursuant to the second sentence of section

2 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

3 which not to exceed $10,000 shall be available for employ4 ment under 5 U.S.C. 3109, and not to exceed $2,000,000

5 may be used for farmers’ bulletins.

6 OFFICE OF THE INSPECTOR GENERAL

7 For necessary expenses of the Office of the Inspector

8 General, including employment pursuant to the second

9 sentence of section 706(a) of the Organic Act of 1944 (7

10 U.S.C. 2225), and the Inspector General Act of 1978,

11 $68,867,000, including such sums as may be necessary for

12 contracting and other arrangements with public agencies

13 and private persons pursuant to section 6(a)(9) of the In14 spector General Act of 1978, including not to exceed

15 $50,000 for employment under 5 U.S.C. 3109; and includ16 ing not to exceed $125,000 for certain confidential oper17 ational expenses, including the payment of informants, to

18 be expended under the direction of the Inspector General

19 pursuant to Public Law 95–452 and section 1337 of Pub20 lic Law 97–98.

21 OFFICE OF THE GENERAL COUNSEL

22 For necessary expenses of the Office of the General

23 Counsel, $31,080,000.
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1 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

2 EDUCATION AND ECONOMICS

3 For necessary salaries and expenses of the Office of

4 the Under Secretary for Research, Education and Eco5 nomics to administer the laws enacted by the Congress

6 for the Economic Research Service, the National Agricul7 tural Statistics Service, the Agricultural Research Service,

8 and the Cooperative State Research, Education, and Ex9 tension Service, $556,000.

10 ECONOMIC RESEARCH SERVICE

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Economic Research

13 Service in conducting economic research and analysis, as

14 authorized by the Agricultural Marketing Act of 1946 (7

15 U.S.C. 1621–1627) and other laws, $67,038,000: Pro16 vided, That $1,000,000 shall be transferred to and merged

17 with the appropriation for ‘‘Food and Nutrition Service,

18 Food Program Administration’’ for studies and evalua19 tions: Provided further, That this appropriation shall be

20 available for employment pursuant to the second sentence

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

22 2225).

23 NATIONAL AGRICULTURAL STATISTICS SERVICE

24 For necessary expenses of the National Agricultural

25 Statistics Service in conducting statistical reporting and
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1 service work, including crop and livestock estimates, sta2 tistical coordination and improvements, marketing sur3 veys, and the Census of Agriculture, as authorized by 7

4 U.S.C. 1621–1627, Public Law 105–113, and other laws,

5 $100,772,000, of which up to $15,000,000 shall be avail6 able until expended for the Census of Agriculture: Pro7 vided, That this appropriation shall be available for em8 ployment pursuant to the second sentence of section

9 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

10 not to exceed $40,000 shall be available for employment

11 under 5 U.S.C. 3109.

12 AGRICULTURAL RESEARCH SERVICE

13 SALARIES AND EXPENSES

14 For necessary expenses to enable the Agricultural Re15 search Service to perform agricultural research and dem16 onstration relating to production, utilization, marketing,

17 and distribution (not otherwise provided for); home eco18 nomics or nutrition and consumer use including the acqui19 sition, preservation, and dissemination of agricultural in20 formation; and for acquisition of lands by donation, ex21 change, or purchase at a nominal cost not to exceed $100,

22 and for land exchanges where the lands exchanged shall

23 be of equal value or shall be equalized by a payment of

24 money to the grantor which shall not exceed 25 percent

25 of the total value of the land or interests transferred out
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1 of Federal ownership, $898,812,000: Provided, That ap2 propriations hereunder shall be available for temporary

3 employment pursuant to the second sentence of section

4 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

5 not to exceed $115,000 shall be available for employment

6 under 5 U.S.C. 3109: Provided further, That appropria7 tions hereunder shall be available for the operation and

8 maintenance of aircraft and the purchase of not to exceed

9 one for replacement only: Provided further, That appro10 priations hereunder shall be available pursuant to 7

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

12 of buildings and improvements, but unless otherwise pro13 vided, the cost of constructing any one building shall not

14 exceed $375,000, except for headhouses or greenhouses

15 which shall each be limited to $1,200,000, and except for

16 10 buildings to be constructed or improved at a cost not

17 to exceed $750,000 each, and the cost of altering any one

18 building during the fiscal year shall not exceed 10 percent

19 of the current replacement value of the building or

20 $375,000, whichever is greater: Provided further, That the

21 limitations on alterations contained in this Act shall not

22 apply to modernization or replacement of existing facilities

23 at Beltsville, Maryland: Provided further, That appropria24 tions hereunder shall be available for granting easements

25 at the Beltsville Agricultural Research Center, including
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1 an easement to the University of Maryland to construct

2 the Transgenic Animal Facility which upon completion

3 shall be accepted by the Secretary as a gift: Provided fur4 ther, That the foregoing limitations shall not apply to re5 placement of buildings needed to carry out the Act of April

6 24, 1948 (21 U.S.C. 113a): Provided further, That funds

7 may be received from any State, other political subdivi8 sion, organization, or individual for the purpose of estab9 lishing or operating any research facility or research

10 project of the Agricultural Research Service, as authorized

11 by law.

12 None of the funds in the foregoing paragraph shall

13 be available to carry out research related to the produc14 tion, processing or marketing of tobacco or tobacco prod15 ucts.

16 In fiscal year 2001, the agency is authorized to

17 charge fees, commensurate with the fair market value, for

18 any permit, easement, lease, or other special use author19 ization for the occupancy or use of land and facilities (in20 cluding land and facilities at the Beltsville Agricultural

21 Research Center) issued by the agency, as authorized by

22 law, and such fees shall be credited to this account, and

23 shall remain available until expended for authorized pur24 poses.
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1 BUILDINGS AND FACILITIES

2 For acquisition of land, construction, repair, improve3 ment, extension, alteration, and purchase of fixed equip4 ment or facilities as necessary to carry out the agricultural

5 research programs of the Department of Agriculture,

6 where not otherwise provided, $74,200,000, to remain

7 available until expended (7 U.S.C. 2209b): Provided, That

8 funds may be received from any State, other political sub9 division, organization, or individual for the purpose of es10 tablishing any research facility of the Agricultural Re11 search Service, as authorized by law.

12 COOPERATIVE STATE RESEARCH, EDUCATION, AND

13 EXTENSION SERVICE

14 RESEARCH AND EDUCATION ACTIVITIES

15 For payments to agricultural experiment stations, for

16 cooperative forestry and other research, for facilities, and

17 for other expenses, $506,193,000, as follows: to carry out

18 the provisions of the Hatch Act (7 U.S.C. 361a–i),

19 $180,545,000; for grants for cooperative forestry research

20 (16 U.S.C. 582a–a7), $21,932,000; for payments to the

21 1890 land-grant colleges, including Tuskegee University

22 (7 U.S.C. 3222), $32,676,000, of which $1,000,000 shall

23 be made available to West Virginia State College in Insti24 tute, West Virginia; for special grants for agricultural re25 search (7 U.S.C. 450i(c)), $85,669,000; for special grants
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1 for agricultural research on improved pest control (7

2 U.S.C. 450i(c)), $13,721,000; for competitive research

3 grants (7 U.S.C. 450i(b)), $106,000,000; for the support

4 of animal health and disease programs (7 U.S.C. 3195),

5 $5,109,000; for supplemental and alternative crops and

6 products (7 U.S.C. 3319d), $800,000; for grants for re7 search pursuant to the Critical Agricultural Materials Act

8 of 1984 (7 U.S.C. 178) and section 1472 of the Food and

9 Agriculture Act of 1977 (7 U.S.C. 3318), $640,000, to

10 remain available until expended; for the 1994 research

11 program (7 U.S.C. 301 note), $1,000,000, to remain

12 available until expended; for higher education graduate

13 fellowship grants (7 U.S.C. 3152(b)(6)), $3,000,000, to

14 remain available until expended (7 U.S.C. 2209b); for

15 higher education challenge grants (7 U.S.C. 3152(b)(1)),

16 $4,350,000; for a higher education multicultural scholars

17 program (7 U.S.C. 3152(b)(5)), $1,000,000, to remain

18 available until expended (7 U.S.C. 2209b); for an edu19 cation grants program for Hispanic-serving Institutions (7

20 U.S.C. 3241), $3,500,000; for a program of noncompeti21 tive grants, to be awarded on an equal basis, to Alaska

22 Native-serving and Native Hawaiian-serving Institutions

23 to carry out higher education programs (7 U.S.C. 3242),

24 $3,000,000; for a secondary agriculture education pro25 gram and 2-year post-secondary education (7 U.S.C.
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1 3152(h)), $800,000; for aquaculture grants (7 U.S.C.

2 3322), $4,000,000; for sustainable agriculture research

3 and education (7 U.S.C. 5811), $9,250,000; for a pro4 gram of capacity building grants (7 U.S.C. 3152(b)(4))

5 to colleges eligible to receive funds under the Act of Au6 gust 30, 1890 (7 U.S.C. 321–326 and 328), including

7 Tuskegee University, $9,500,000, to remain available

8 until expended (7 U.S.C. 2209b); for payments to the

9 1994 Institutions pursuant to section 534(a)(1) of Public

10 Law 103–382, $1,552,000; and for necessary expenses of

11 Research and Education Activities, of which not to exceed

12 $100,000 shall be for employment under 5 U.S.C. 3109,

13 $18,149,000.

14 None of the funds in the foregoing paragraph shall

15 be available to carry out research related to the produc16 tion, processing or marketing of tobacco or tobacco prod17 ucts: Provided, That this paragraph shall not apply to re18 search on the medical, biotechnological, food, and indus19 trial uses of tobacco.

20 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

21 For the Native American Institutions Endowment

22 Fund authorized by Public Law 103–382 (7 U.S.C. 301

23 note), $7,100,000: Provided, That hereafter, any distribu24 tion of the adjusted income from the Native American In25 stitutions Endowment Fund is authorized to be used for
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1 facility renovation, repair, construction, and maintenance,

2 in addition to other authorized purposes.

3 EXTENSION ACTIVITIES

4 For payments to States, the District of Columbia,

5 Puerto Rico, Guam, the Virgin Islands, Micronesia,

6 Northern Marianas, and American Samoa, $433,429,000,

7 as follows: payments for cooperative extension work under

8 the Smith-Lever Act, to be distributed under sections 3(b)

9 and 3(c) of said Act, and under section 208(c) of Public

10 Law 93–471, for retirement and employees’ compensation

11 costs for extension agents and for costs of penalty mail

12 for cooperative extension agents and State extension direc13 tors, $276,548,000; payments for extension work at the

14 1994 Institutions under the Smith-Lever Act (7 U.S.C.

15 343(b)(3)), $3,280,000; payments for the nutrition and

16 family education program for low-income areas under sec17 tion 3(d) of the Act, $58,695,000; payments for the pest

18 management program under section 3(d) of the Act,

19 $10,783,000; payments for the farm safety program under

20 section 3(d) of the Act, $4,000,000; payments to upgrade

21 research, extension, and teaching facilities at the 1890

22 land-grant colleges, including Tuskegee University, as au23 thorized by section 1447 of Public Law 95–113 (7 U.S.C.

24 3222b), $12,200,000, to remain available until expended;

25 payments for the rural development centers under section

26 3(d) of the Act, $908,000; payments for youth-at-risk pro-
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1 grams under section 3(d) of the Act, $8,500,000; for

2 youth farm safety education and certification extension

3 grants, to be awarded competitively under section 3(d) of

4 the Act, $500,000; payments for carrying out the provi5 sions of the Renewable Resources Extension Act of 1978,

6 $3,192,000; payments for Indian reservation agents under

7 section 3(d) of the Act, $2,000,000; payments for sustain8 able agriculture programs under section 3(d) of the Act,

9 $3,800,000; payments for rural health and safety edu10 cation as authorized by section 2390 of Public Law 101–

11 624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments

12 for cooperative extension work by the colleges receiving the

13 benefits of the second Morrill Act (7 U.S.C. 321–326 and

14 328) and Tuskegee University, $28,243,000, of which

15 $1,000,000 shall be made available to West Virginia State

16 College in Institute, West Virginia; and for Federal ad17 ministration and coordination including administration of

18 the Smith-Lever Act, and the Act of September 29, 1977

19 (7 U.S.C. 341–349), and section 1361(c) of the Act of

20 October 3, 1980 (7 U.S.C. 301 note), and to coordinate

21 and provide program leadership for the extension work of

22 the Department and the several States and insular posses23 sions, $18,152,000: Provided, That funds hereby appro24 priated pursuant to section 3(c) of the Act of June 26,

25 1953, and section 506 of the Act of June 23, 1972, shall
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1 not be paid to any State, the District of Columbia, Puerto

2 Rico, Guam, or the Virgin Islands, Micronesia, Northern

3 Marianas, and American Samoa prior to availability of an

4 equal sum from non-Federal sources for expenditure dur5 ing the current fiscal year.

6 INTEGRATED ACTIVITIES

7 For the integrated research, education, and extension

8 competitive grants programs, including necessary adminis9 trative expenses, as authorized under section 406 of the

10 Agricultural Research, Extension, and Education Reform

11 Act of 1998 (7 U.S.C. 7626), $41,941,000, as follows:

12 payments for the water quality program, $13,000,000;

13 payments for the food safety program, $15,000,000; pay14 ments for the national agriculture pesticide impact assess15 ment program, $4,541,000; payments for the Food Qual16 ity Protection Act risk mitigation program for major food

17 crop systems, $4,900,000; payments for the crops affected

18 by Food Quality Protection Act implementation,

19 $1,500,000; payments for the methyl bromide transition

20 program, $2,500,000; and payments for the organic tran21 sition program, $500,000.

22 OFFICE OF THE UNDER SECRETARY FOR MARKETING

23 AND REGULATORY PROGRAMS

24 For necessary salaries and expenses of the Office of

25 the Under Secretary for Marketing and Regulatory Pro26 grams to administer programs under the laws enacted by
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1 the Congress for the Animal and Plant Health Inspection

2 Service; the Agricultural Marketing Service; and the Grain

3 Inspection, Packers and Stockyards Administration;

4 $635,000.

5 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For expenses, not otherwise provided for, including

9 those pursuant to the Act of February 28, 1947 (21

10 U.S.C. 114b–c), necessary to prevent, control, and eradi11 cate pests and plant and animal diseases; to carry out in12 spection, quarantine, and regulatory activities; to dis13 charge the authorities of the Secretary of Agriculture

14 under the Acts of March 2, 1931 (46 Stat. 1468) and

15 December 22, 1987 (101 Stat. 1329–1331) (7 U.S.C.

16 426–426c); and to protect the environment, as authorized

17 by law, $530,564,000, of which $4,105,000 shall be avail18 able for the control of outbreaks of insects, plant diseases,

19 animal diseases and for control of pest animals and birds

20 to the extent necessary to meet emergency conditions; of

21 which $59,400,000 shall be used for the boll weevil eradi22 cation program for cost share purposes or for debt retire23 ment for active eradication zones: Provided, That no funds

24 shall be used to formulate or administer a brucellosis

25 eradication program for the current fiscal year that does

26 not require minimum matching by the States of at least
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1 40 percent: Provided further, That this appropriation shall

2 be available for field employment pursuant to the second

3 sentence of section 706(a) of the Organic Act of 1944 (7

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

5 for employment under 5 U.S.C. 3109: Provided further,

6 That this appropriation shall be available for the operation

7 and maintenance of aircraft and the purchase of not to

8 exceed four, of which two shall be for replacement only:

9 Provided further, That, in addition, in emergencies which

10 threaten any segment of the agricultural production indus11 try of this country, the Secretary may transfer from other

12 appropriations or funds available to the agencies or cor13 porations of the Department such sums as may be deemed

14 necessary, to be available only in such emergencies for the

15 arrest and eradication of contagious or infectious disease

16 or pests of animals, poultry, or plants, and for expenses

17 in accordance with the Act of February 28, 1947, and sec18 tion 102 of the Act of September 21, 1944, and any unex19 pended balances of funds transferred for such emergency

20 purposes in the preceding fiscal year shall be merged with

21 such transferred amounts: Provided further, That appro22 priations hereunder shall be available pursuant to law (7

23 U.S.C. 2250) for the repair and alteration of leased build24 ings and improvements, but unless otherwise provided the

25 cost of altering any one building during the fiscal year
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1 shall not exceed 10 percent of the current replacement

2 value of the building: Provided further, That not to exceed

3 $1,000,000 of the funds available under this heading for

4 wildlife services methods development may be used by the

5 Secretary of Agriculture to conduct pilot projects in up

6 to four States representative of wildlife predation of live7 stock in connection with farming operations for direct as8 sistance in the application of non-lethal predation control

9 methods: Provided further, That the General Accounting

10 Office shall report to the Committees on Appropriations

11 by November 30, 2001, on the Department’s compliance

12 with this provision and on the effectiveness of the non13 lethal measures.

14 In fiscal year 2001, the agency is authorized to collect

15 fees to cover the total costs of providing technical assist16 ance, goods, or services requested by States, other political

17 subdivisions, domestic and international organizations,

18 foreign governments, or individuals, provided that such

19 fees are structured such that any entity’s liability for such

20 fees is reasonably based on the technical assistance, goods,

21 or services provided to the entity by the agency, and such

22 fees shall be credited to this account, to remain available

23 until expended, without further appropriation, for pro24 viding such assistance, goods, or services.
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1 Of the total amount available under this heading in

2 fiscal year 2001, $85,000,000 shall be derived from user

3 fees deposited in the Agricultural Quarantine Inspection

4 User Fee Account.

5 BUILDINGS AND FACILITIES

6 For plans, construction, repair, preventive mainte7 nance, environmental support, improvement, extension, al8 teration, and purchase of fixed equipment or facilities, as

9 authorized by 7 U.S.C. 2250, and acquisition of land as

10 authorized by 7 U.S.C. 428a, $9,870,000, to remain avail11 able until expended.

12 AGRICULTURAL MARKETING SERVICE

13 MARKETING SERVICES

14 For necessary expenses to carry out services related

15 to consumer protection, agricultural marketing and dis16 tribution, transportation, and regulatory programs, as au17 thorized by law, and for administration and coordination

18 of payments to States, including field employment pursu19 ant to the second sentence of section 706(a) of the Or20 ganic Act of 1944 (7 U.S.C. 2225) and not to exceed

21 $90,000 for employment under 5 U.S.C. 3109,

22 $65,335,000, including funds for the wholesale market de23 velopment program for the design and development of

24 wholesale and farmer market facilities for the major met25 ropolitan areas of the country: Provided, That this appro26 priation shall be available pursuant to law (7 U.S.C. 2250)
23

•HR 5426 IH

1 for the alteration and repair of buildings and improve2 ments, but the cost of altering any one building during

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

4 replacement value of the building: Provided further, That,

5 only after promulgation of a final rule on a National Or6 ganic Standards Program, $639,000 of this amount shall

7 be available for the Expenses and Refunds, Inspection and

8 Grading of Farm Products fund account for the cost of

9 the National Organic Standards Program and such funds

10 shall remain available until expended.

11 Fees may be collected for the cost of standardization

12 activities, as established by regulation pursuant to law (31

13 U.S.C. 9701).

14 LIMITATION ON ADMINISTRATIVE EXPENSES

15 Not to exceed $60,730,000 (from fees collected) shall

16 be obligated during the current fiscal year for administra17 tive expenses: Provided, That if crop size is understated

18 and/or other uncontrollable events occur, the agency may

19 exceed this limitation by up to 10 percent with notification

20 to the Committees on Appropriations of both Houses of

21 Congress.

22 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

23 SUPPLY (SECTION 32)

24 (INCLUDING TRANSFERS OF FUNDS)

25 Funds available under section 32 of the Act of Au26 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com-
24

•HR 5426 IH

1 modity program expenses as authorized therein, and other

2 related operating expenses, except for: (1) transfers to the

3 Department of Commerce as authorized by the Fish and

4 Wildlife Act of August 8, 1956; (2) transfers otherwise

5 provided in this Act; and (3) not more than $13,438,000

6 for formulation and administration of marketing agree7 ments and orders pursuant to the Agricultural Marketing

8 Agreement Act of 1937 and the Agricultural Act of 1961.

9 PAYMENTS TO STATES AND POSSESSIONS

10 For payments to departments of agriculture, bureaus

11 and departments of markets, and similar agencies for

12 marketing activities under section 204(b) of the Agricul13 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),

14 $1,350,000.

15 GRAIN INSPECTION, PACKERS AND STOCKYARDS

16 ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses to carry out the provisions

19 of the United States Grain Standards Act, for the admin20 istration of the Packers and Stockyards Act, for certifying

21 procedures used to protect purchasers of farm products,

22 and the standardization activities related to grain under

23 the Agricultural Marketing Act of 1946, including field

24 employment pursuant to the second sentence of section

25 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

26 not to exceed $25,000 for employment under 5 U.S.C.
25

•HR 5426 IH

1 3109, $31,420,000: Provided, That this appropriation

2 shall be available pursuant to law (7 U.S.C. 2250) for the

3 alteration and repair of buildings and improvements, but

4 the cost of altering any one building during the fiscal year

5 shall not exceed 10 percent of the current replacement

6 value of the building.

7 LIMITATION ON INSPECTION AND WEIGHING SERVICES

8 EXPENSES

9 Not to exceed $42,557,000 (from fees collected) shall

10 be obligated during the current fiscal year for inspection

11 and weighing services: Provided, That if grain export ac12 tivities require additional supervision and oversight, or

13 other uncontrollable factors occur, this limitation may be

14 exceeded by up to 10 percent with notification to the Com15 mittees on Appropriations of both Houses of Congress.

16 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

17 For necessary salaries and expenses of the Office of

18 the Under Secretary for Food Safety to administer the

19 laws enacted by the Congress for the Food Safety and In20 spection Service, $460,000.

21 FOOD SAFETY AND INSPECTION SERVICE

22 For necessary expenses to carry out services author23 ized by the Federal Meat Inspection Act, the Poultry

24 Products Inspection Act, and the Egg Products Inspection

25 Act, including not to exceed $50,000 for representation

26 allowances and for expenses pursuant to section 8 of the
26

•HR 5426 IH

1 Act approved August 3, 1956 (7 U.S.C. 1766),

2 $696,704,000, of which no less than $591,258,000 shall

3 be available for Federal food inspection; and in addition,

4 $1,000,000 may be credited to this account from fees col5 lected for the cost of laboratory accreditation as author6 ized by section 1017 of Public Law 102–237: Provided,

7 That not more than $2,500,000 of this appropriation may

8 be used to implement section 752 of title VII of this Act:

9 Provided further, That this appropriation shall be available

10 for field employment pursuant to the second sentence of

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

12 2225), and not to exceed $75,000 shall be available for

13 employment under 5 U.S.C. 3109: Provided further, That

14 this appropriation shall be available pursuant to law (7

15 U.S.C. 2250) for the alteration and repair of buildings

16 and improvements, but the cost of altering any one build17 ing during the fiscal year shall not exceed 10 percent of

18 the current replacement value of the building: Provided

19 further, That from amounts appropriated under this head20 ing not needed for federal food inspection, up to

21 $6,000,000 may be used to liquidate obligations incurred

22 in previous years, to the extent approved by the Director

23 of the Office of Management and Budget based on docu24 mentation provided by the Secretary of Agriculture.
27

•HR 5426 IH

1 OFFICE OF THE UNDER SECRETARY FOR FARM AND

2 FOREIGN AGRICULTURAL SERVICES

3 For necessary salaries and expenses of the Office of

4 the Under Secretary for Farm and Foreign Agricultural

5 Services to administer the laws enacted by Congress for

6 the Farm Service Agency, the Foreign Agricultural Serv7 ice, the Risk Management Agency, and the Commodity

8 Credit Corporation, $589,000.

9 FARM SERVICE AGENCY

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses for carrying out the adminis13 tration and implementation of programs administered by

14 the Farm Service Agency, $828,385,000: Provided, That

15 the Secretary is authorized to use the services, facilities,

16 and authorities (but not the funds) of the Commodity

17 Credit Corporation to make program payments for all pro18 grams administered by the Agency: Provided further, That

19 other funds made available to the Agency for authorized

20 activities may be advanced to and merged with this ac21 count: Provided further, That these funds shall be avail22 able for employment pursuant to the second sentence of

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

24 2225), and not to exceed $1,000,000 shall be available for

25 employment under 5 U.S.C. 3109.
28

•HR 5426 IH

1 STATE MEDIATION GRANTS

2 For grants pursuant to section 502(b) of the Agricul3 tural Credit Act of 1987 (7 U.S.C. 5101–5106),

4 $3,000,000.

5 DAIRY INDEMNITY PROGRAM

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses involved in making indemnity

8 payments to dairy farmers for milk or cows producing

9 such milk and manufacturers of dairy products who have

10 been directed to remove their milk or dairy products from

11 commercial markets because it contained residues of

12 chemicals registered and approved for use by the Federal

13 Government, and in making indemnity payments for milk,

14 or cows producing such milk, at a fair market value to

15 any dairy farmer who is directed to remove his milk from

16 commercial markets because of: (1) the presence of prod17 ucts of nuclear radiation or fallout if such contamination

18 is not due to the fault of the farmer; or (2) residues of

19 chemicals or toxic substances not included under the first

20 sentence of the Act of August 13, 1968 (7 U.S.C. 450j),

21 if such chemicals or toxic substances were not used in a

22 manner contrary to applicable regulations or labeling in23 structions provided at the time of use and the contamina24 tion is not due to the fault of the farmer, $450,000, to

25 remain available until expended (7 U.S.C. 2209b): Pro26 vided, That none of the funds contained in this Act shall
29

•HR 5426 IH

1 be used to make indemnity payments to any farmer whose

2 milk was removed from commercial markets as a result

3 of the farmer’s willful failure to follow procedures pre4 scribed by the Federal Government: Provided further,

5 That this amount shall be transferred to the Commodity

6 Credit Corporation: Provided further, That the Secretary

7 is authorized to utilize the services, facilities, and authori8 ties of the Commodity Credit Corporation for the purpose

9 of making dairy indemnity disbursements.

10 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

11 ACCOUNT

12 (INCLUDING TRANSFERS OF FUNDS)

13 For gross obligations for the principal amount of di14 rect and guaranteed loans as authorized by 7 U.S.C.

15 1928–1929, to be available from funds in the Agricultural

16 Credit Insurance Fund, as follows: farm ownership loans,

17 $998,000,000, of which $870,000,000 shall be for guaran18 teed loans; operating loans, $1,972,741,000, of which

19 $1,077,839,000 shall be for unsubsidized guaranteed

20 loans and $369,902,000 shall be for subsidized guaranteed

21 loans; Indian tribe land acquisition loans as authorized by

22 25 U.S.C. 488, $2,006,000; for emergency insured loans,

23 $25,000,000 to meet the needs resulting from natural dis24 asters; and for boll weevil eradication program loans as

25 authorized by 7 U.S.C. 1989, $100,000,000.
30

•HR 5426 IH

1 For the cost of direct and guaranteed loans, including

2 the cost of modifying loans as defined in section 502 of

3 the Congressional Budget Act of 1974, as follows: farm

4 ownership loans, $18,223,000, of which $4,437,000 shall

5 be for guaranteed loans; operating loans, $92,310,000, of

6 which $14,770,000 shall be for unsubsidized guaranteed

7 loans and $30,185,000 shall be for subsidized guaranteed

8 loans; Indian tribe land acquisition loans as authorized by

9 25 U.S.C. 488, $323,000; and for emergency insured

10 loans, $6,133,000 to meet the needs resulting from nat11 ural disasters.

12 In addition, for administrative expenses necessary to

13 carry out the direct and guaranteed loan programs,

14 $269,454,000, of which $265,315,000 shall be transferred

15 to and merged with the appropriation for ‘‘Farm Service

16 Agency, Salaries and Expenses’’.

17 Funds appropriated by this Act to the Agricultural

18 Credit Insurance Program Account for farm ownership

19 and operating direct loans and guaranteed loans may be

20 transferred among these programs with the prior approval

21 of the Committees on Appropriations of both Houses of

22 Congress.

23 RISK MANAGEMENT AGENCY

24 For administrative and operating expenses, as au25 thorized by the Federal Agriculture Improvement and Re-
31

•HR 5426 IH

1 form Act of 1996 (7 U.S.C. 6933), $65,597,000: Provided,

2 That not to exceed $700 shall be available for official re3 ception and representation expenses, as authorized by 7

4 U.S.C. 1506(i).

5 CORPORATIONS

6 The following corporations and agencies are hereby

7 authorized to make expenditures, within the limits of

8 funds and borrowing authority available to each such cor9 poration or agency and in accord with law, and to make

10 contracts and commitments without regard to fiscal year

11 limitations as provided by section 104 of the Government

12 Corporation Control Act as may be necessary in carrying

13 out the programs set forth in the budget for the current

14 fiscal year for such corporation or agency, except as here15 inafter provided.

16 FEDERAL CROP INSURANCE CORPORATION FUND

17 For payments as authorized by section 516 of the

18 Federal Crop Insurance Act, such sums as may be nec19 essary, to remain available until expended (7 U.S.C.

20 2209b).

21 COMMODITY CREDIT CORPORATION FUND

22 REIMBURSEMENT FOR NET REALIZED LOSSES

23 For fiscal year 2001, such sums as may be necessary

24 to reimburse the Commodity Credit Corporation for net

25 realized losses sustained, but not previously reimbursed,
32

•HR 5426 IH

1 pursuant to section 2 of the Act of August 17, 1961 (15

2 U.S.C. 713a–11).

3 OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE

4 MANAGEMENT

5 For fiscal year 2001, the Commodity Credit Corpora6 tion shall not expend more than $5,000,000 for site inves7 tigation and cleanup expenses, and operations and mainte8 nance expenses to comply with the requirement of section

9 107(g) of the Comprehensive Environmental Response,

10 Compensation, and Liability Act, 42 U.S.C. 9607(g), and

11 section 6001 of the Resource Conservation and Recovery

12 Act, 42 U.S.C. 6961.

13 TITLE II

14 CONSERVATION PROGRAMS

15 OFFICE OF THE UNDER SECRETARY FOR NATURAL

16 RESOURCES AND ENVIRONMENT

17 For necessary salaries and expenses of the Office of

18 the Under Secretary for Natural Resources and Environ19 ment to administer the laws enacted by the Congress for

20 the Forest Service and the Natural Resources Conserva21 tion Service, $711,000: Provided, That none of the funds

22 appropriated or otherwise made available by this Act or

23 any other Act shall be available to the Office of the Under

24 Secretary for Natural Resources and Environment for the

25 supervision, management or direction of the Forest Serv26 ice or the Natural Resources Conservation Service until
33

•HR 5426 IH

1 January 20, 2001: Provided further, That the Chiefs of

2 the Forest Service and the Natural Resources Conserva3 tion Service shall report directly to the Secretary of Agri4 culture until January 20, 2001.

5 NATURAL RESOURCES CONSERVATION SERVICE

6 CONSERVATION OPERATIONS

7 For necessary expenses for carrying out the provi8 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f),

9 including preparation of conservation plans and establish10 ment of measures to conserve soil and water (including

11 farm irrigation and land drainage and such special meas12 ures for soil and water management as may be necessary

13 to prevent floods and the siltation of reservoirs and to con14 trol agricultural related pollutants); operation of conserva15 tion plant materials centers; classification and mapping of

16 soil; dissemination of information; acquisition of lands,

17 water, and interests therein for use in the plant materials

18 program by donation, exchange, or purchase at a nominal

19 cost not to exceed $100 pursuant to the Act of August

20 3, 1956 (7 U.S.C. 428a); purchase and erection or alter21 ation or improvement of permanent and temporary build22 ings; and operation and maintenance of aircraft,

23 $714,116,000, to remain available until expended (7

24 U.S.C. 2209b), of which not less than $5,990,000 is for

25 snow survey and water forecasting and not less than
34

•HR 5426 IH

1 $9,125,000 is for operation and establishment of the plant

2 materials centers: Provided, That appropriations here3 under shall be available pursuant to 7 U.S.C. 2250 for

4 construction and improvement of buildings and public im5 provements at plant materials centers, except that the cost

6 of alterations and improvements to other buildings and

7 other public improvements shall not exceed $250,000: Pro8 vided further, That not to exceed $2,000,000 of this

9 amount shall be available for the Urban Resources Part10 nership program, of which $1,000,000 shall be available

11 only after promulgation of a final rule on this program:

12 Provided further, That not to exceed $204,000 of this

13 amount shall be available for American Heritage Rivers:

14 Provided further, That when buildings or other structures

15 are erected on non-Federal land, that the right to use such

16 land is obtained as provided in 7 U.S.C. 2250a: Provided

17 further, That this appropriation shall be available for tech18 nical assistance and related expenses to carry out pro19 grams authorized by section 202(c) of title II of the Colo20 rado River Basin Salinity Control Act of 1974 (43 U.S.C.

21 1592(c)): Provided further, That this appropriation shall

22 be available for employment pursuant to the second sen23 tence of section 706(a) of the Organic Act of 1944 (7

24 U.S.C. 2225), and not to exceed $25,000 shall be available

25 for employment under 5 U.S.C. 3109: Provided further,
35

•HR 5426 IH

1 That qualified local engineers may be temporarily em2 ployed at per diem rates to perform the technical planning

3 work of the Service (16 U.S.C. 590e–2).

4 WATERSHED SURVEYS AND PLANNING

5 For necessary expenses to conduct research, inves6 tigation, and surveys of watersheds of rivers and other wa7 terways, and for small watershed investigations and plan8 ning, in accordance with the Watershed Protection and

9 Flood Prevention Act approved August 4, 1954 (16 U.S.C.

10 1001–1009), $10,868,000: Provided, That not to exceed

11 $136,000 shall be available for American Heritage Rivers:

12 Provided further, That this appropriation shall be available

13 for employment pursuant to the second sentence of section

14 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

15 not to exceed $110,000 shall be available for employment

16 under 5 U.S.C. 3109.

17 WATERSHED AND FLOOD PREVENTION OPERATIONS

18 For necessary expenses to carry out preventive meas19 ures, including but not limited to research, engineering op20 erations, methods of cultivation, the growing of vegetation,

21 rehabilitation of existing works and changes in use of land,

22 in accordance with the Watershed Protection and Flood

23 Prevention Act approved August 4, 1954 (16 U.S.C.

24 1001–1005 and 1007–1009), the provisions of the Act of

25 April 27, 1935 (16 U.S.C. 590a–f), and in accordance

26 with the provisions of laws relating to the activities of the
36

•HR 5426 IH

1 Department, $99,443,000, to remain available until ex2 pended (7 U.S.C. 2209b) (of which up to $15,000,000

3 may be available for the watersheds authorized under the

4 Flood Control Act approved June 22, 1936 (33 U.S.C.

5 701 and 16 U.S.C. 1006a)): Provided, That not to exceed

6 $44,423,000 of this appropriation shall be available for

7 technical assistance: Provided further, That this appro8 priation shall be available for employment pursuant to the

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

10 1944 (7 U.S.C. 2225), and not to exceed $200,000 shall

11 be available for employment under 5 U.S.C. 3109: Pro12 vided further, That not to exceed $1,000,000 of this appro13 priation is available to carry out the purposes of the En14 dangered Species Act of 1973 (Public Law 93–205), in15 cluding cooperative efforts as contemplated by that Act

16 to relocate endangered or threatened species to other suit17 able habitats as may be necessary to expedite project con18 struction: Provided further, That of the funds available for

19 Emergency Watershed Protection activities, $8,000,000

20 shall be available for Ohio, New Mexico, Mississippi and

21 Wisconsin for financial and technical assistance for pilot

22 rehabilitation projects of small, upstream dams built

23 under the Watershed and Flood Prevention Act of 1954,

24 Public Law 83–566 (16 U.S.C. 1001 et seq.); Section 13

25 of the Flood Control Act of 1944, Public Law 78–534 (33
37

•HR 5426 IH

1 U.S.C. 701 b–1); the pilot watershed program authorized

2 under the heading ‘‘FLOOD PREVENTION’’ of the De3 partment of Agriculture Appropriations Act, 1954, Public

4 Law 83–156 (67 Stat. 214); and Subtitle H of title XV

5 of the Agriculture and Food Act of 1981 (16 U.S.C. 3451

6 et seq.): Provided further, That the amount of Federal

7 funds that may be made available to an eligible local orga8 nization for construction of a particular rehabilitation

9 project shall be equal to 65 percent of the total rehabilita10 tion costs, but not to exceed 100 percent of actual con11 struction costs incurred in the rehabilitation: Provided fur12 ther, That consistent with existing statute, rehabilitation

13 assistance provided may not be used to perform operation

14 and maintenance activities specified in the agreement for

15 the covered water resource projects entered into between

16 the Secretary and the eligible local organization respon17 sible for the works of improvement.

18 RESOURCE CONSERVATION AND DEVELOPMENT

19 For necessary expenses in planning and carrying out

20 projects for resource conservation and development and

21 for sound land use pursuant to the provisions of section

22 32(e) of title III of the Bankhead-Jones Farm Tenant Act

23 (7 U.S.C. 1010–1011; 76 Stat. 607); the Act of April 27,

24 1935 (16 U.S.C. 590a–f); and the Agriculture and Food

25 Act of 1981 (16 U.S.C. 3451–3461), $42,015,000, to re26 main available until expended (7 U.S.C. 2209b): Provided,
38

•HR 5426 IH

1 That this appropriation shall be available for employment

2 pursuant to the second sentence of section 706(a) of the

3 Organic Act of 1944 (7 U.S.C. 2225), and not to exceed

4 $50,000 shall be available for employment under 5 U.S.C.

5 3109.

6 FORESTRY INCENTIVES PROGRAM

7 For necessary expenses, not otherwise provided for,

8 to carry out the program of forestry incentives, as author9 ized by the Cooperative Forestry Assistance Act of 1978

10 (16 U.S.C. 2101), including technical assistance and re11 lated expenses, $6,325,000, to remain available until ex12 pended, as authorized by that Act.

13 TITLE III

14 RURAL DEVELOPMENT PROGRAMS

15 OFFICE OF THE UNDER SECRETARY FOR RURAL

16 DEVELOPMENT

17 For necessary salaries and expenses of the Office of

18 the Under Secretary for Rural Development to administer

19 programs under the laws enacted by the Congress for the

20 Rural Housing Service, the Rural Business-Cooperative

21 Service, and the Rural Utilities Service of the Department

22 of Agriculture, $605,000.

23 RURAL COMMUNITY ADVANCEMENT PROGRAM

24 For the cost of direct loans, loan guarantees, and

25 grants, as authorized by 7 U.S.C. 1926, 1926a, 1926c,

26 1926d, and 1932, except for sections 381E–H, 381N, and
39

•HR 5426 IH

1 381O of the Consolidated Farm and Rural Development

2 Act, $762,542,000, to remain available until expended, of

3 which $53,225,000 shall be for rural community programs

4 described in section 381E(d)(1) of such Act; of which

5 $644,360,000 shall be for the rural utilities programs de6 scribed in sections 381E(d)(2), 306C(a)(2), and 306D of

7 such Act; and of which $64,957,000 shall be for the rural

8 business and cooperative development programs described

9 in section 381E(d)(3) of such Act: Provided, That of the

10 total amount appropriated in this account, $24,000,000

11 shall be for loans and grants to benefit Federally Recog12 nized Native American Tribes, including grants for drink13 ing and waste disposal systems pursuant to section 306C

14 of such Act, of which $250,000 shall be available for a

15 grant to a qualified national organization to provide tech16 nical assistance for rural transportation in order to pro17 mote economic development: Provided further, That of the

18 amount appropriated for rural community programs,

19 $6,000,000 shall be available for a Rural Community De20 velopment Initiative: Provided further, That such funds

21 shall be used solely to develop the capacity and ability of

22 private, nonprofit community-based housing and commu23 nity development organizations serving low-income rural

24 communities, including Federally Recognized Indian tribes

25 to undertake projects to improve housing, community fa-
40

•HR 5426 IH

1 cilities, community and economic development projects in

2 rural areas: Provided further, That such funds shall be

3 made available to qualified private, nonprofit intermediary

4 organizations (including tribal) proposing to carry out a

5 program of financial and technical assistance to other pub6 lic entities with a record of achievement in providing tech7 nical and financial assistance to housing and community

8 development organizations in rural areas: Provided fur9 ther, That such intermediary organizations shall provide

10 matching funds from other sources, including federal

11 funds for related activities, in an amount not less than

12 funds provided: Provided further, That of the amount ap13 propriated for rural community programs, not to exceed

14 $5,000,000 shall be for hazardous weather early warning

15 systems: Provided further, That of the amount appro16 priated for the rural business and cooperative development

17 programs, not to exceed $500,000 shall be made available

18 for a grant to a qualified national organization to provide

19 technical assistance for rural transportation in order to

20 promote economic development; $5,000,000 shall be for

21 rural partnership technical assistance grants; and

22 $2,000,000 shall be for grants to Mississippi Delta Region

23 counties: Provided further, That of the amount appro24 priated for rural utilities programs, not to exceed

25 $20,000,000 shall be for water and waste disposal systems
41

•HR 5426 IH

1 to benefit the Colonias along the United States/Mexico

2 borders, including grants pursuant to section 306C of

3 such Act; not to exceed $20,000,000 shall be for water

4 and waste disposal systems for rural and native villages

5 in Alaska pursuant to section 306D of such Act, with up

6 to one percent available to administer the program and

7 up to one percent available to improve interagency coordi8 nation; not to exceed $16,215,000 shall be for technical

9 assistance grants for rural waste systems pursuant to sec10 tion 306(a)(14) of such Act; and not to exceed $9,500,000

11 shall be for contracting with qualified national organiza12 tions for a circuit rider program to provide technical as13 sistance for rural water systems: Provided further, That

14 of the total amount appropriated, not to exceed

15 $42,574,650 shall be available through June 30, 2001, for

16 authorized empowerment zones and enterprise commu17 nities and communities designated by the Secretary of Ag18 riculture as Rural Economic Area Partnership Zones; of

19 which $34,704,000 shall be for the rural utilities programs

20 described in section 381E(d)(2) of such Act; and of which

21 $8,435,000 shall be for the rural business and cooperative

22 development programs described in section 381E(d)(3) of

23 such Act.
42

•HR 5426 IH

1 RURAL DEVELOPMENT SALARIES AND EXPENSES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses of administering Rural Devel4 opment programs as authorized by the Rural Electrifica5 tion Act of 1936; the Consolidated Farm and Rural Devel6 opment Act; title V of the Housing Act of 1949; section

7 1323 of the Food Security Act of 1985; the Cooperative

8 Marketing Act of 1926 for activities related to marketing

9 aspects of cooperatives, including economic research find10 ings, authorized by the Agricultural Marketing Act of

11 1946; for activities with institutions concerning the devel12 opment and operation of agricultural cooperatives; and for

13 cooperative agreements; $130,371,000: Provided, That

14 this appropriation shall be available for employment pur15 suant to the second sentence of section 706(a) of the Or16 ganic Act of 1944 (7 U.S.C. 2225), and not to exceed

17 $1,000,000 may be used for employment under 5 U.S.C.

18 3109: Provided further, That not more than $10,000 may

19 be expended to provide modest nonmonetary awards to

20 non-USDA employees: Provided further, That any bal21 ances available from prior years for the Rural Utilities

22 Service, Rural Housing Service, and the Rural Business23 Cooperative Service salaries and expenses accounts shall

24 be transferred to and merged with this account.
43

•HR 5426 IH

1 RURAL HOUSING SERVICE

2 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For gross obligations for the principal amount of di5 rect and guaranteed loans as authorized by title V of the

6 Housing Act of 1949, to be available from funds in the

7 rural housing insurance fund, as follows: $4,800,000,000

8 for loans to section 502 borrowers, as determined by the

9 Secretary, of which $3,700,000,000 shall be for unsub10 sidized guaranteed loans; $32,396,000 for section 504

11 housing repair loans; $100,000,000 for section 538 guar12 anteed multi-family housing loans; $114,321,000 for sec13 tion 515 rental housing; $5,152,000 for section 524 site

14 loans; $11,780,000 for credit sales of acquired property,

15 of which up to $1,780,000 may be for multi-family credit

16 sales; and $5,000,000 for section 523 self-help housing

17 land development loans: Provided, That of the total

18 amount made available for loans to section 502 borrowers,

19 up to $5,400,000 shall be available until expended for use

20 under a demonstration program to be carried out by the

21 Secretary of Agriculture in North Carolina to determine

22 the timeliness, quality, suitability, efficiency, and cost of

23 utilizing modular housing to house low-income and very

24 low-income elderly families who: (1) have lost their hous25 ing because of a major disaster (as so declared by the

26 President pursuant to the Robert T. Stafford Disaster Re-
44

•HR 5426 IH

1 lief and Emergency Assistance Act); and (2)(A) do not

2 have homeowner’s insurance; or (B) can not repay a direct

3 loan that is provided under section 502 of the Housing

4 Act of 1949 with the maximum subsidy allowed for such

5 loans: Provided further, That of the amounts made avail6 able for such demonstration program, $5,000,000 shall be

7 for grants and $400,000 shall be for the cost (as defined

8 in section 502 of the Congressional Budget Act of 1974)

9 of loans, for such families to acquire modular housing.

10 For the cost of direct and guaranteed loans, including

11 the cost of modifying loans, as defined in section 502 of

12 the Congressional Budget Act of 1974, as follows: section

13 502 loans, $184,160,000 of which $7,400,000 shall be for

14 unsubsidized guaranteed loans; section 504 housing repair

15 loans, $11,481,000; section 538 multi-family housing

16 guaranteed loans, $1,520,000; section 515 rental housing,

17 $56,326,000; multi-family credit sales of acquired prop18 erty, $874,000; and section 523 self-help housing land de19 velopment loans, $279,000: Provided, That of the total

20 amount appropriated in this paragraph, $13,832,000 shall

21 be available through June 30, 2001, for authorized em22 powerment zones and enterprise communities and commu23 nities designated by the Secretary of Agriculture as Rural

24 Economic Area Partnership Zones.
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•HR 5426 IH

1 In addition, for administrative expenses necessary to

2 carry out the direct and guaranteed loan programs,

3 $409,233,000, which shall be transferred to and merged

4 with the appropriation for ‘‘Rural Development, Salaries

5 and Expenses’’.

6 RENTAL ASSISTANCE PROGRAM

7 For rental assistance agreements entered into or re8 newed pursuant to the authority under section 521(a)(2)

9 or agreements entered into in lieu of debt forgiveness or

10 payments for eligible households as authorized by section

11 502(c)(5)(D) of the Housing Act of 1949, $680,000,000;

12 and, in addition, such sums as may be necessary, as au13 thorized by section 521(c) of the Act, to liquidate debt

14 incurred prior to fiscal year 1992 to carry out the rental

15 assistance program under section 521(a)(2) of the Act:

16 Provided, That of this amount, not more than $5,900,000

17 shall be available for debt forgiveness or payments for eli18 gible households as authorized by section 502(c)(5)(D) of

19 the Act, and not to exceed $10,000 per project for ad20 vances to nonprofit organizations or public agencies to

21 cover direct costs (other than purchase price) incurred in

22 purchasing projects pursuant to section 502(c)(5)(C) of

23 the Act: Provided further, That agreements entered into

24 or renewed during fiscal year 2001 shall be funded for

25 a 5-year period, although the life of any such agreement

26 may be extended to fully utilize amounts obligated.
46

•HR 5426 IH

1 MUTUAL AND SELF-HELP HOUSING GRANTS

2 For grants and contracts pursuant to section

3 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.

4 1490c), $34,000,000, to remain available until expended

5 (7 U.S.C. 2209b): Provided, That of the total amount ap6 propriated, $1,000,000 shall be available through June

7 30, 2001, for authorized empowerment zones and enter8 prise communities and communities designated by the Sec9 retary of Agriculture as Rural Economic Area Partnership

10 Zones.

11 RURAL HOUSING ASSISTANCE GRANTS

12 For grants and contracts for very low-income housing

13 repair, supervisory and technical assistance, compensation

14 for construction defects, and rural housing preservation

15 made by the Rural Housing Service, as authorized by 42

16 U.S.C. 1474, 1479(c), 1490e, and 1490m, $44,000,000,

17 to remain available until expended: Provided, That of the

18 total amount appropriated, $5,000,000 shall be for a

19 housing demonstration program for agriculture, aqua20 culture, and seafood processor workers: Provided further,

21 That of the total amount appropriated, $1,200,000 shall

22 be available through June 30, 2001, for authorized em23 powerment zones and enterprise communities and commu24 nities designated by the Secretary of Agriculture as Rural

25 Economic Area Partnership Zones.
47

•HR 5426 IH

1 FARM LABOR PROGRAM ACCOUNT

2 For the cost of direct loans, grants, and contracts,

3 as authorized by 42 U.S.C. 1484 and 1486, $30,000,000,

4 to remain available until expended, for direct farm labor

5 housing loans and domestic farm labor housing grants and

6 contracts.

7 RURAL BUSINESS-COOPERATIVE SERVICE

8 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For the cost of direct loans, $19,476,000, as author11 ized by the Rural Development Loan Fund (42 U.S.C.

12 9812(a)), of which $2,036,000 shall be for Federally Rec13 ognized Native American Tribes and of which $4,072,000

14 shall be for Mississippi Delta Region counties (as defined

15 by Public Law 100–460): Provided, That such costs, in16 cluding the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of

18 1974: Provided further, That these funds are available to

19 subsidize gross obligations for the principal amount of di20 rect loans of $38,256,000: Provided further, That of the

21 total amount appropriated, $3,216,000 shall be available

22 through June 30, 2001, for the cost of direct loans for

23 authorized empowerment zones and enterprise commu24 nities and communities designated by the Secretary of Ag25 riculture as Rural Economic Area Partnership Zones.
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•HR 5426 IH

1 In addition, for administrative expenses to carry out

2 the direct loan programs, $3,640,000 shall be transferred

3 to and merged with the appropriation for ‘‘Rural Develop4 ment, Salaries and Expenses’’.

5 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

6 ACCOUNT

7 (INCLUDING RESCISSION OF FUNDS)

8 For the principal amount of direct loans, as author9 ized under section 313 of the Rural Electrification Act,

10 for the purpose of promoting rural economic development

11 and job creation projects, $15,000,000.

12 For the cost of direct loans, including the cost of

13 modifying loans as defined in section 502 of the Congres14 sional Budget Act of 1974, $3,911,000, which shall be ad15 ministered in accordance with the regulations utilized in

16 fiscal year 2000.

17 Of the funds derived from interest on the cushion of

18 credit payments in fiscal year 2001, as authorized by sec19 tion 313 of the Rural Electrification Act of 1936,

20 $3,911,000 shall not be obligated and $3,911,000 are re21 scinded.

22 RURAL COOPERATIVE DEVELOPMENT GRANTS

23 For rural cooperative development grants authorized

24 under section 310B(e) of the Consolidated Farm and

25 Rural Development Act (7 U.S.C. 1932), $6,500,000, of

26 which $2,000,000 shall be available for cooperative agree-
49

•HR 5426 IH

1 ments for the appropriate technology transfer for rural

2 areas program: Provided, That not to exceed $1,500,000

3 of the total amount appropriated shall be made available

4 to cooperatives or associations of cooperatives whose pri5 mary focus is to provide assistance to small, minority pro6 ducers and whose governing board and/or membership is

7 comprised of at least 75 percent minority.

8 RURAL UTILITIES SERVICE

9 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

10 LOANS PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 Insured loans pursuant to the authority of section

13 305 of the Rural Electrification Act of 1936 (7 U.S.C.

14 935) shall be made as follows: 5 percent rural electrifica15 tion loans, $121,500,000; 5 percent rural telecommuni16 cations loans, $75,000,000; cost of money rural tele17 communications loans, $300,000,000; municipal rate rural

18 electric loans, $295,000,000; and loans made pursuant to

19 section 306 of that Act, rural electric, $1,700,000,000 and

20 rural telecommunications, $120,000,000; and

21 $500,000,000 for Treasury rate direct electric loans.

22 For the cost, as defined in section 502 of the Con23 gressional Budget Act of 1974, including the cost of modi24 fying loans, of direct and guaranteed loans authorized by

25 the Rural Electrification Act of 1936 (7 U.S.C. 935 and

26 936), as follows: cost of direct loans, $19,871,000; and
50

•HR 5426 IH

1 cost of municipal rate loans, $20,503,000: Provided, That

2 notwithstanding section 305(d)(2) of the Rural Elec3 trification Act of 1936, borrower interest rates may exceed

4 7 percent per year.

5 In addition, for administrative expenses necessary to

6 carry out the direct and guaranteed loan programs,

7 $34,716,000, which shall be transferred to and merged

8 with the appropriation for ‘‘Rural Development, Salaries

9 and Expenses’’.

10 RURAL TELEPHONE BANK PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 The Rural Telephone Bank is hereby authorized to

13 make such expenditures, within the limits of funds avail14 able to such corporation in accord with law, and to make

15 such contracts and commitments without regard to fiscal

16 year limitations as provided by section 104 of the Govern17 ment Corporation Control Act, as may be necessary in car18 rying out its authorized programs. During fiscal year 2001

19 and within the resources and authority available, gross ob20 ligations for the principal amount of direct loans shall be

21 $175,000,000.

22 For the cost, as defined in section 502 of the Con23 gressional Budget Act of 1974, including the cost of modi24 fying loans, of direct loans authorized by the Rural Elec25 trification Act of 1936 (7 U.S.C. 935), $2,590,000.
51

•HR 5426 IH

1 In addition, for administrative expenses, including

2 audits, necessary to carry out the loan programs,

3 $3,000,000, which shall be transferred to and merged with

4 the appropriation for ‘‘Rural Development, Salaries and

5 Expenses’’.

6 DISTANCE LEARNING AND TELEMEDICINE PROGRAM

7 For the cost of direct loans and grants, as authorized

8 by 7 U.S.C. 950aaa et seq., $27,000,000, to remain avail9 able until expended, to be available for loans and grants

10 for telemedicine and distance learning services in rural

11 areas, and of which $2,000,000 may be available for a

12 pilot program to finance broadband transmission and local

13 dial-up Internet service in areas that meet the definition

14 of ‘‘rural area’’ used for the Distance Learning and Tele15 medicine Program authorized by 7 U.S.C. 950aaa: Pro16 vided, That the cost of direct loans shall be as defined

17 in section 502 of the Congressional Budget Act of 1974.

18 TITLE IV

19 DOMESTIC FOOD PROGRAMS

20 OFFICE OF THE UNDER SECRETARY FOR FOOD,

21 NUTRITION AND CONSUMER SERVICES

22 For necessary salaries and expenses of the Office of

23 the Under Secretary for Food, Nutrition and Consumer

24 Services to administer the laws enacted by the Congress

25 for the Food and Nutrition Service, $570,000.
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•HR 5426 IH

1 FOOD AND NUTRITION SERVICE

2 CHILD NUTRITION PROGRAMS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses to carry out the National

5 School Lunch Act (42 U.S.C. 1751 et seq.), except section

6 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771

7 et seq.), except sections 17 and 21; $9,541,539,000, to

8 remain available through September 30, 2002, of which

9 $4,413,960,000 is hereby appropriated and

10 $5,127,579,000 shall be derived by transfer from funds

11 available under section 32 of the Act of August 24, 1935

12 (7 U.S.C. 612c): Provided, That except as specifically pro13 vided under this heading, none of the funds made available

14 under this heading shall be used for studies and evalua15 tions: Provided further, That of the funds made available

16 under this heading, up to $6,000,000 shall be for school

17 breakfast pilot projects, including the evaluation required

18 under section 18(e) of the National School Lunch Act:

19 Provided further, That of the funds made available under

20 this heading, $500,000 shall be for a School Breakfast

21 Program startup grant pilot program for the State of Wis22 consin: Provided further, That school food authorities in

23 Ohio participating in a domestic food assistance program

24 administered by the Secretary and preparing meals for use

25 by other schools and institutions also participating in a

26 domestic food assistance program, shall, with regard to
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•HR 5426 IH

1 such meals, not be subject to additional requirements

2 under section 301(c) of the Federal Meat Inspection Act

3 or section 5(c) of the Poultry Products Inspection Act:

4 Provided further, That up to $4,511,000 shall be available

5 for independent verification of school food service claims.

6 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

7 WOMEN, INFANTS, AND CHILDREN (WIC)

8 For necessary expenses to carry out the special sup9 plemental nutrition program as authorized by section 17

10 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),

11 $4,052,000,000, to remain available through September

12 30, 2002: Provided, That none of the funds made available

13 under this heading shall be used for studies and evalua14 tions: Provided further, That of the total amount available,

15 the Secretary shall obligate $10,000,000 for the farmers’

16 market nutrition program within 45 days of the enactment

17 of this Act, and an additional $10,000,000 for the farm18 ers’ market nutrition program from any funds not needed

19 to maintain current caseload levels: Provided further, That

20 notwithstanding section 17(h)(10)(A) of such Act, up to

21 $14,000,000 shall be available for the purposes specified

22 in section 17(h)(10)(B), no less than $6,000,000 of which

23 shall be used for the development of electronic benefit

24 transfer systems: Provided further, That none of the funds

25 in this Act shall be available to pay administrative ex26 penses of WIC clinics except those that have an announced
54

•HR 5426 IH

1 policy of prohibiting smoking within the space used to

2 carry out the program: Provided further, That none of the

3 funds provided in this account shall be available for the

4 purchase of infant formula except in accordance with the

5 cost containment and competitive bidding requirements

6 specified in section 17 of such Act: Provided further, That

7 none of the funds provided shall be available for activities

8 that are not fully reimbursed by other Federal Govern9 ment departments or agencies unless authorized by section

10 17 of such Act: Provided further, That funds made avail11 able under this heading shall be made available for sites

12 participating in the special supplemental nutrition pro13 gram for women, infants, and children to determine

14 whether a child eligible to participate in the program has

15 received a blood lead screening test, using a test that is

16 appropriate for age and risk factors, upon the enrollment

17 of the child in the program.

18 FOOD STAMP PROGRAM

19 For necessary expenses to carry out the Food Stamp

20 Act (7 U.S.C. 2011 et seq.), $20,114,293,000, of which

21 $100,000,000 shall be placed in reserve for use only in

22 such amounts and at such times as may become necessary

23 to carry out program operations: Provided, That of the

24 funds made available under this heading and not already

25 appropriated to the Food Distribution Program on Indian

26 Reservations (FDPIR) established under section 4(b) of
55

•HR 5426 IH

1 the Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to

2 exceed $3,000,000 shall be used to purchase bison for the

3 FDPIR: Provided further, That the Secretary shall pur4 chase such bison from Native American producers and Co5 operative Oganizations without competition: Provided fur6 ther, That none of the funds made available under this

7 heading shall be used for studies and evaluations: Provided

8 further, That funds provided herein shall be expended in

9 accordance with section 16 of the Food Stamp Act: Pro10 vided further, That this appropriation shall be subject to

11 any work registration or workfare requirements as may

12 be required by law: Provided further, That not more than

13 $194,000,000 may be reserved by the Secretary, notwith14 standing section 16(h)(1)(A)(vi) of the Food Stamp Act

15 of 1977 (7 U.S.C. 2025(h)(1)(A)(vi)), for allocation to

16 State agencies under section 16(h)(1) of such Act to carry

17 out Employment and Training programs: Provided fur18 ther, That funds made available for Employment and

19 Training under this heading shall remain available until

20 expended, as authorized by section 16(h)(1) of the Food

21 Stamp Act.

22 COMMODITY ASSISTANCE PROGRAM

23 For necessary expenses to carry out the commodity

24 supplemental food program as authorized by section 4(a)

25 of the Agriculture and Consumer Protection Act of 1973

26 (7 U.S.C. 612c note) and the Emergency Food Assistance
56

•HR 5426 IH

1 Act of 1983, $140,300,000, to remain available through

2 September 30, 2002: Provided, That none of these funds

3 shall be available to reimburse the Commodity Credit Cor4 poration for commodities donated to the program: Pro5 vided further, That notwithstanding section 5(a)(2) of the

6 Agriculture and Consumer Protection Act of 1973 (Public

7 Law 93–86; 7 U.S.C. 612c note), $20,781,000 of this

8 amount shall be available for administrative expenses of

9 the commodity supplemental food program.

10 FOOD DONATIONS PROGRAMS

11 For necessary expenses to carry out section 4(a) of

12 the Agriculture and Consumer Protection Act of 1973;

13 special assistance for the nuclear affected islands as au14 thorized by section 103(h)(2) of the Compacts of Free As15 sociation Act of 1985, as amended; and section 311 of the

16 Older Americans Act of 1965, $151,081,000, to remain

17 available through September 30, 2002.

18 FOOD PROGRAM ADMINISTRATION

19 For necessary administrative expenses of the domes20 tic food programs funded under this Act, $116,807,000,

21 of which $5,000,000 shall be available only for simplifying

22 procedures, reducing overhead costs, tightening regula23 tions, improving food stamp benefit delivery, and assisting

24 in the prevention, identification, and prosecution of fraud

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

26 $4,500,000 shall be available to improve integrity in the
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•HR 5426 IH

1 Food Stamp and Child Nutrition programs: Provided,

2 That this appropriation shall be available for employment

3 pursuant to the second sentence of section 706(a) of the

4 Organic Act of 1944 (7 U.S.C. 2225), and not to exceed

5 $150,000 shall be available for employment under 5

6 U.S.C. 3109.

7 TITLE V

8 FOREIGN ASSISTANCE AND RELATED

9 PROGRAMS

10 FOREIGN AGRICULTURAL SERVICE

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses of the Foreign Agricultural

14 Service, including carrying out title VI of the Agricultural

15 Act of 1954 (7 U.S.C. 1761–1768), market development

16 activities abroad, and for enabling the Secretary to coordi17 nate and integrate activities of the Department in connec18 tion with foreign agricultural work, including not to exceed

19 $158,000 for representation allowances and for expenses

20 pursuant to section 8 of the Act approved August 3, 1956

21 (7 U.S.C. 1766), $115,424,000: Provided, That the Serv22 ice may utilize advances of funds, or reimburse this appro23 priation for expenditures made on behalf of Federal agen24 cies, public and private organizations and institutions

25 under agreements executed pursuant to the agricultural

26 food production assistance programs (7 U.S.C. 1737) and
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•HR 5426 IH

1 the foreign assistance programs of the United States

2 Agency for International Development.

3 None of the funds in the foregoing paragraph shall

4 be available to promote the sale or export of tobacco or

5 tobacco products.

6 PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

7 (INCLUDING TRANSFERS OF FUNDS)

8 For the cost, as defined in section 502 of the Con9 gressional Budget Act of 1974, of agreements under the

10 Agricultural Trade Development and Assistance Act of

11 1954, and the Food for Progress Act of 1985, including

12 the cost of modifying credit arrangements under said Acts,

13 $114,186,000, to remain available until expended.

14 In addition, for administrative expenses to carry out

15 the credit program of title I, Public Law 83–480, and the

16 Food for Progress Act of 1985, to the extent funds appro17 priated for Public Law 83–480 are utilized, $1,850,000,

18 of which $1,035,000 may be transferred to and merged

19 with the appropriation for ‘‘Foreign Agricultural Service,

20 Salaries and Expenses’’, and of which $815,000 may be

21 transferred to and merged with the appropriation for

22 ‘‘Farm Service Agency, Salaries and Expenses’’.
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•HR 5426 IH

1 PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL

2 GRANTS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For expenses during the current fiscal year, not oth5 erwise recoverable, and unrecovered prior years’ costs, in6 cluding interest thereon, under the Agricultural Trade De7 velopment and Assistance Act of 1954, $20,322,000, to

8 remain available until expended, for ocean freight differen9 tial costs for the shipment of agricultural commodities

10 under title I of said Act: Provided, That funds made avail11 able for the cost of title I agreements and for title I ocean

12 freight differential may be used interchangeably between

13 the two accounts with prior notice to the Committees on

14 Appropriations of both Houses of Congress.

15 PUBLIC LAW 480 TITLE II GRANTS

16 For expenses during the current fiscal year, not oth17 erwise recoverable, and unrecovered prior years’ costs, in18 cluding interest thereon, under the Agricultural Trade De19 velopment and Assistance Act of 1954, $837,000,000, to

20 remain available until expended, for commodities supplied

21 in connection with dispositions abroad under title II of

22 said Act.
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•HR 5426 IH

1 COMMODITY CREDIT CORPORATION EXPORT LOANS

2 PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the Com5 modity Credit Corporation’s export guarantee program,

6 GSM 102 and GSM 103, $3,820,000; to cover common

7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity

9 with the Federal Credit Reform Act of 1990, of which

10 $3,231,000 may be transferred to and merged with the

11 appropriation for ‘‘Foreign Agricultural Service, Salaries

12 and Expenses’’, and of which $589,000 may be trans13 ferred to and merged with the appropriation for ‘‘Farm

14 Service Agency, Salaries and Expenses’’.

15 TITLE VI

16 RELATED AGENCIES AND FOOD AND DRUG

17 ADMINISTRATION

18 DEPARTMENT OF HEALTH AND HUMAN

19 SERVICES

20 FOOD AND DRUG ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Food and Drug Ad23 ministration, including hire and purchase of passenger

24 motor vehicles; for payment of space rental and related

25 costs pursuant to Public Law 92–313 for programs and

26 activities of the Food and Drug Administration which are
61

•HR 5426 IH

1 included in this Act; for rental of special purpose space

2 in the District of Columbia or elsewhere; and for miscella3 neous and emergency expenses of enforcement activities,

4 authorized and approved by the Secretary and to be ac5 counted for solely on the Secretary’s certificate, not to ex6 ceed $25,000; $1,217,797,000, of which not to exceed

7 $149,273,000 in prescription drug user fees authorized by

8 21 U.S.C. 379(h) may be credited to this appropriation

9 and remain available until expended: Provided, That fees

10 derived from applications received during fiscal year 2001

11 shall be subject to the fiscal year 2001 limitation: Provided

12 further, That none of these funds shall be used to develop,

13 establish, or operate any program of user fees authorized

14 by 31 U.S.C. 9701: Provided further, That of the total

15 amount appropriated: (1) $285,269,000 shall be for the

16 Center for Food Safety and Applied Nutrition and related

17 field activities in the Office of Regulatory Affairs; (2)

18 $317,547,000 shall be for the Center for Drug Evaluation

19 and Research and related field activities in the Office of

20 Regulatory Affairs, of which no less than $12,534,000

21 shall be available for grants and contracts awarded under

22 section 5 of the Orphan Drug Act (21 U.S.C. 360ee); (3)

23 $140,489,000 shall be for the Center for Biologics Evalua24 tion and Research and for related field activities in the

25 Office of Regulatory Affairs; (4) $64,069,000 shall be for
62

•HR 5426 IH

1 the Center for Veterinary Medicine and for related field

2 activities in the Office of Regulatory Affairs; (5)

3 $165,207,000 shall be for the Center for Devices and Ra4 diological Health and for related field activities in the Of5 fice of Regulatory Affairs; (6) $35,568,000 shall be for

6 the National Center for Toxicological Research; (7)

7 $25,855,000 shall be for Rent and Related activities, other

8 than the amounts paid to the General Services Adminis9 tration; (8) $104,954,000 shall be for payments to the

10 General Services Administration for rent and related

11 costs; and (9) $78,839,000 shall be for other activities,

12 including the Office of the Commissioner; the Office of

13 Management and Systems; the Office of the Senior Asso14 ciate Commissioner; the Office of International and Con15 stituent Relations; the Office of Policy, Legislation, and

16 Planning; and central services for these offices: Provided

17 further, That funds may be transferred from one specified

18 activity to another with the prior approval of the Commit19 tees on Appropriations of both Houses of Congress.

20 In addition, mammography user fees authorized by

21 42 U.S.C. 263(b) may be credited to this account, to re22 main available until expended.

23 In addition, export certification user fees authorized

24 by 21 U.S.C. 381 may be credited to this account, to re25 main available until expended.
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•HR 5426 IH

1 BUILDINGS AND FACILITIES

2 For plans, construction, repair, improvement, exten3 sion, alteration, and purchase of fixed equipment or facili4 ties of or used by the Food and Drug Administration,

5 where not otherwise provided, $31,350,000, to remain

6 available until expended (7 U.S.C. 2209b).

7 INDEPENDENT AGENCIES

8 COMMODITY FUTURES TRADING COMMISSION

9 For necessary expenses to carry out the provisions

10 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in11 cluding the purchase and hire of passenger motor vehicles;

12 the rental of space (to include multiple year leases) in the

13 District of Columbia and elsewhere; and not to exceed

14 $25,000 for employment under 5 U.S.C. 3109,

15 $68,000,000, including not to exceed $1,000 for official

16 reception and representation expenses.

17 FARM CREDIT ADMINISTRATION

18 LIMITATION ON ADMINISTRATIVE EXPENSES

19 Not to exceed $36,800,000 (from assessments col20 lected from farm credit institutions and from the Federal

21 Agricultural Mortgage Corporation) shall be obligated

22 during the current fiscal year for administrative expenses

23 as authorized under 12 U.S.C. 2249: Provided, That this

24 limitation shall not apply to expenses associated with re25 ceiverships.
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•HR 5426 IH

1 TITLE VII—GENERAL PROVISIONS

2 SEC. 701. Within the unit limit of cost fixed by law,

3 appropriations and authorizations made for the Depart4 ment of Agriculture for fiscal year 2001 under this Act

5 shall be available for the purchase, in addition to those

6 specifically provided for, of not to exceed 389 passenger

7 motor vehicles, of which 385 shall be for replacement only,

8 and for the hire of such vehicles.

9 SEC. 702. Funds in this Act available to the Depart10 ment of Agriculture shall be available for uniforms or al11 lowances therefor as authorized by law (5 U.S.C. 5901–

12 5902).

13 SEC. 703. Not less than $1,500,000 of the appropria14 tions of the Department of Agriculture in this Act for re15 search and service work authorized by sections 1 and 10

16 of the Act of June 29, 1935 (7 U.S.C. 427, 427i; com17 monly known as the Bankhead-Jones Act), subtitle A of

18 title II and section 302 of the Act of August 14, 1946

19 (7 U.S.C. 1621 et seq.), and chapter 63 of title 31, United

20 States Code, shall be available for contracting in accord21 ance with such Acts and chapter.

22 SEC. 704. The Secretary of Agriculture may transfer

23 unobligated balances of funds appropriated by this Act or

24 other available unobligated balances of the Department of

25 Agriculture to the Working Capital Fund for the acquisi-
65

•HR 5426 IH

1 tion of plant and capital equipment necessary for the deliv2 ery of financial, administrative, and information tech3 nology services of primary benefit to the agencies of the

4 Department of Agriculture: Provided, That none of the

5 funds made available by this Act or any other Act shall

6 be transferred to the Working Capital Fund without the

7 prior approval of the agency administrator: Provided fur8 ther, That none of the funds transferred to the Working

9 Capital Fund pursuant to this section shall be available

10 for obligation without the prior approval of the Commit11 tees on Appropriations of both Houses of Congress.

12 SEC. 705. New obligational authority provided for the

13 following appropriation items in this Act shall remain

14 available until expended: Animal and Plant Health Inspec15 tion Service, the contingency fund to meet emergency con16 ditions, fruit fly program, integrated systems acquisition

17 project, boll weevil program, up to 25 percent of the

18 screwworm program, and up to $2,000,000 for costs asso19 ciated with colocating regional offices; Food Safety and

20 Inspection Service, field automation and information man21 agement project; funds appropriated for rental payments;

22 Cooperative State Research, Education, and Extension

23 Service, funds for competitive research grants (7 U.S.C.

24 450i(b)), funds for the Research, Education and Econom25 ics Information System (REEIS), and funds for the Na-
66

•HR 5426 IH

1 tive American Institutions Endowment Fund; Farm Serv2 ice Agency, salaries and expenses funds made available to

3 county committees; Foreign Agricultural Service, middle4 income country training program and up to $2,000,000

5 of the Foreign Agricultural Service appropriation solely

6 for the purpose of offsetting fluctuations in international

7 currency exchange rates, subject to documentation by the

8 Foreign Agricultural Service.

9 SEC. 706. No part of any appropriation contained in

10 this Act shall remain available for obligation beyond the

11 current fiscal year unless expressly so provided herein.

12 SEC. 707. Not to exceed $50,000 of the appropria13 tions available to the Department of Agriculture in this

14 Act shall be available to provide appropriate orientation

15 and language training pursuant to section 606C of the Act

16 of August 28, 1954 (7 U.S.C. 1766b; commonly known

17 as the Agricultural Act of 1954).

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

19 used to pay negotiated indirect cost rates on cooperative

20 agreements or similar arrangements between the United

21 States Department of Agriculture and nonprofit institu22 tions in excess of 10 percent of the total direct cost of

23 the agreement when the purpose of such cooperative ar24 rangements is to carry out programs of mutual interest

25 between the two parties. This does not preclude appro-
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1 priate payment of indirect costs on grants and contracts

2 with such institutions when such indirect costs are com3 puted on a similar basis for all agencies for which appro4 priations are provided in this Act.

5 SEC. 709. None of the funds in this Act shall be avail6 able to restrict the authority of the Commodity Credit

7 Corporation to lease space for its own use or to lease space

8 on behalf of other agencies of the Department of Agri9 culture when such space will be jointly occupied.

10 SEC. 710. None of the funds in this Act shall be avail11 able to pay indirect costs charged against competitive agri12 cultural research, education, or extension grant awards

13 issued by the Cooperative State Research, Education, and

14 Extension Service that exceed 19 percent of total Federal

15 funds provided under each award: Provided, That notwith16 standing section 1462 of the National Agricultural Re17 search, Extension, and Teaching Policy Act of 1977 (7

18 U.S.C. 3310), funds provided by this Act for grants

19 awarded competitively by the Cooperative State Research,

20 Education, and Extension Service shall be available to pay

21 full allowable indirect costs for each grant awarded under

22 section 9 of the Small Business Act (15 U.S.C. 638).

23 SEC. 711. Notwithstanding any other provision of

24 this Act, all loan levels provided in this Act shall be consid25 ered estimates, not limitations.
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1 SEC. 712. Appropriations to the Department of Agri2 culture for the cost of direct and guaranteed loans made

3 available in fiscal year 2001 shall remain available until

4 expended to cover obligations made in fiscal year 2001 for

5 the following accounts: the rural development loan fund

6 program account; the Rural Telephone Bank program ac7 count; the rural electrification and telecommunications

8 loans program account; the Rural Housing Insurance

9 Fund Program Account; and the rural economic develop10 ment loans program account.

11 SEC. 713. Notwithstanding chapter 63 of title 31,

12 United States Code, marketing services of the Agricultural

13 Marketing Service; the Grain Inspection, Packers and

14 Stockyards Administration; the Animal and Plant Health

15 Inspection Service; and the food safety activities of the

16 Food Safety and Inspection Service may use cooperative

17 agreements to reflect a relationship between the Agricul18 tural Marketing Service; the Grain Inspection, Packers

19 and Stockyards Administration; the Animal and Plant

20 Health Inspection Service; or the Food Safety and Inspec21 tion Service and a state or cooperator to carry out agricul22 tural marketing programs, to carry out programs to pro23 tect the nation’s animal and plant resources, or to carry

24 out educational programs or special studies to improve the

25 safety of the nation’s food supply.
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1 SEC. 714. Notwithstanding any other provision of law

2 (including provisions of law requiring competition), the

3 Secretary of Agriculture may hereafter enter into coopera4 tive agreements (which may provide for the acquisition of

5 goods or services, including personal services) with a

6 State, political subdivision, or agency thereof, a public or

7 private agency, organization, or any other person, if the

8 Secretary determines that the objectives of the agreement

9 will: (1) serve a mutual interest of the parties to the agree10 ment in carrying out the programs administered by the

11 Natural Resources Conservation Service; and (2) all par12 ties will contribute resources to the accomplishment of

13 these objectives: Provided, That Commodity Credit Cor14 poration funds obligated for such purposes shall not ex15 ceed the level obligated by the Commodity Credit Corpora16 tion for such purposes in fiscal year 1998.

17 SEC. 715. None of the funds in this Act may be used

18 to retire more than 5 percent of the Class A stock of the

19 Rural Telephone Bank or to maintain any account or sub20 account within the accounting records of the Rural Tele21 phone Bank the creation of which has not specifically been

22 authorized by statute: Provided, That notwithstanding any

23 other provision of law, none of the funds appropriated or

24 otherwise made available in this Act may be used to trans25 fer to the Treasury or to the Federal Financing Bank any
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1 unobligated balance of the Rural Telephone Bank tele2 phone liquidating account which is in excess of current

3 requirements and such balance shall receive interest as set

4 forth for financial accounts in section 505(c) of the Fed5 eral Credit Reform Act of 1990.

6 SEC. 716. Of the funds made available by this Act,

7 not more than $1,800,000 shall be used to cover necessary

8 expenses of activities related to all advisory committees,

9 panels, commissions, and task forces of the Department

10 of Agriculture, except for panels used to comply with nego11 tiated rule makings and panels used to evaluate competi12 tively awarded grants.

13 SEC. 717. None of the funds appropriated by this Act

14 may be used to carry out section 410 of the Federal Meat

15 Inspection Act (21 U.S.C. 679a) or section 30 of the Poul16 try Products Inspection Act (21 U.S.C. 471).

17 SEC. 718. No employee of the Department of Agri18 culture may be detailed or assigned from an agency or

19 office funded by this Act to any other agency or office

20 of the Department for more than 30 days unless the indi21 vidual’s employing agency or office is fully reimbursed by

22 the receiving agency or office for the salary and expenses

23 of the employee for the period of assignment.

24 SEC. 719. None of the funds appropriated or other25 wise made available to the Department of Agriculture
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1 shall be used to transmit or otherwise make available to

2 any non-Department of Agriculture employee questions or

3 responses to questions that are a result of information re4 quested for the appropriations hearing process.

5 SEC. 720. None of the funds made available to the

6 Department of Agriculture by this Act may be used to ac7 quire new information technology systems or significant

8 upgrades, as determined by the Office of the Chief Infor9 mation Officer, without the approval of the Chief Informa10 tion Officer and the concurrence of the Executive Informa11 tion Technology Investment Review Board: Provided, That

12 notwithstanding any other provision of law, none of the

13 funds appropriated or otherwise made available by this

14 Act may be transferred to the Office of the Chief Informa15 tion Officer without the prior approval of the Committees

16 on Appropriations of both Houses of Congress.

17 SEC. 721. (a) None of the funds provided by this Act,

18 or provided by previous Appropriations Acts to the agen19 cies funded by this Act that remain available for obligation

20 or expenditure in fiscal year 2001, or provided from any

21 accounts in the Treasury of the United States derived by

22 the collection of fees available to the agencies funded by

23 this Act, shall be available for obligation or expenditure

24 through a reprogramming of funds which: (1) creates new

25 programs; (2) eliminates a program, project, or activity;
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1 (3) increases funds or personnel by any means for any

2 project or activity for which funds have been denied or

3 restricted; (4) relocates an office or employees; (5) reorga4 nizes offices, programs, or activities; or (6) contracts out

5 or privatizes any functions or activities presently per6 formed by Federal employees; unless the Committees on

7 Appropriations of both Houses of Congress are notified

8 15 days in advance of such reprogramming of funds.

9 (b) None of the funds provided by this Act, or pro10 vided by previous Appropriations Acts to the agencies

11 funded by this Act that remain available for obligation or

12 expenditure in fiscal year 2001, or provided from any ac13 counts in the Treasury of the United States derived by

14 the collection of fees available to the agencies funded by

15 this Act, shall be available for obligation or expenditure

16 for activities, programs, or projects through a reprogram17 ming of funds in excess of $500,000 or 10 percent, which18 ever is less, that: (1) augments existing programs,

19 projects, or activities; (2) reduces by 10 percent funding

20 for any existing program, project, or activity, or numbers

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

22 (3) results from any general savings from a reduction in

23 personnel which would result in a change in existing pro24 grams, activities, or projects as approved by Congress; un25 less the Committees on Appropriations of both Houses of
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•HR 5426 IH

1 Congress are notified 15 days in advance of such re2 programming of funds.

3 (c) The Secretary of Agriculture shall notify the Com4 mittees on Appropriations of both Houses of Congress be5 fore implementing a program or activity not carried out

6 during the previous fiscal year unless the program or ac7 tivity is funded by this Act or specifically funded by any

8 other Act.

9 SEC. 722. (a) Of the funds made available to the Sec10 retary of Agriculture pursuant to section 793(b)(1) of

11 Public Law 104–127 (7 U.S.C. 2204f) for the 2000 fiscal

12 year—

13 (1) $30,000,000 shall be available to be obli14 gated for any purpose authorized under section 793

15 of that Act during the 2001 fiscal year; and

16 (2) $30,000,000 shall be available to be obli17 gated for any purpose authorized under section 793

18 of that Act during the 2002 fiscal year.

19 (b) None of the funds appropriated or otherwise

20 made available by this Act or any other Act may be used

21 to pay the salaries and expenses of personnel to carry out

22 the transfer or obligation of fiscal year 2001 funds under

23 section 793 of Public Law 104–127 (7 U.S.C. 2204f).

24 SEC. 723. None of the funds appropriated or other25 wise made available by this Act shall be used to pay the
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1 salaries and expenses of personnel who carry out an envi2 ronmental quality incentives program authorized by chap3 ter 4 of subtitle D of title XII of the Food Security Act

4 of 1985 (16 U.S.C. 3839aa et seq.) in excess of

5 $174,000,000.

6 SEC. 724. None of the funds appropriated or other7 wise made available by this or any other Act shall be used

8 to pay the salaries and expenses of personnel to carry out

9 the transfer or obligation of fiscal year 2001 funds under

10 the provisions of section 401 of Public Law 105–185, the

11 Initiative for Future Agriculture and Food Systems (7

12 U.S.C. 7621): Provided, That notwithstanding section

13 401(d) of Public Law 105–185, any appropriation or

14 funds available to the Secretary of Agriculture to make

15 grants under section 401 of Public Law 105–185 shall be

16 used only to make grants to Hispanic-serving institutions

17 (as defined in 20 U.S.C. 1101a(5)); West Virginia State

18 College in Institute; and the 1862 institutions, 1890 insti19 tutions, and 1994 institutions, as defined in section 2 of

20 Public Law 105–185 (7 U.S.C. 7601), or research founda21 tions maintained by such institutions.

22 SEC. 725. Hereafter, none of the funds made avail23 able to the Department of Agriculture shall be used to

24 carry out any commodity purchase program that would
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1 prohibit eligibility or participation by farmer-owned co2 operatives.

3 SEC. 726. None of the funds appropriated or other4 wise made available by this Act shall be used to pay the

5 salaries and expenses of personnel to carry out a conserva6 tion farm option program, as authorized by section 1240M

7 of the Food Security Act of 1985 (16 U.S.C. 3839bb).

8 SEC. 727. None of the funds made available to the

9 Food and Drug Administration by this Act shall be used

10 to close or relocate, or to plan to close or relocate, the

11 Food and Drug Administration Division of Drug Analysis

12 (recently renamed the Division of Pharmaceutical Anal13 ysis) in St. Louis, Missouri, except that funds could be

14 used to plan a possible relocation of this Division within

15 the city limits of St. Louis, Missouri.

16 SEC. 728. None of the funds made available to the

17 Food and Drug Administration by this Act shall be used

18 to reduce the Detroit, Michigan, Food and Drug Adminis19 tration District Office below the operating and full-time

20 equivalent staffing level of July 31, 1999; or to change

21 the Detroit District Office to a station, residence post or

22 similarly modified office; or to reassign residence posts as23 signed to the Detroit District Office: Provided, That this

24 section shall not apply to Food and Drug Administration

25 field laboratory facilities or operations currently located
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•HR 5426 IH

1 in Detroit, Michigan, except that field laboratory per2 sonnel shall be assigned to locations in the general vicinity

3 of Detroit, Michigan, pursuant to cooperative agreements

4 between the Food and Drug Administration and other lab5 oratory facilities associated with the State of Michigan.

6 SEC. 729. Hereafter, none of the funds appropriated

7 by this Act or any other Act may be used to:

8 (1) carry out the proviso under 7 U.S.C.

9 1622(f); or

10 (2) carry out 7 U.S.C. 1622(h) unless the Sec11 retary of Agriculture inspects and certifies agricul12 tural processing equipment, and imposes a fee for

13 the inspection and certification, in a manner that is

14 similar to the inspection and certification of agricul15 tural products under that section, as determined by

16 the Secretary: Provided, That this provision shall

17 not affect the authority of the Secretary to carry out

18 the Federal Meat Inspection Act (21 U.S.C. 601 et

19 seq.), the Poultry Products Inspection Act (21

20 U.S.C. 451 et seq.), or the Egg Products Inspection

21 Act (21 U.S.C. 1031 et seq.).

22 SEC. 730. None of the funds appropriated by this Act

23 or any other Act shall be used to pay the salaries and

24 expenses of personnel who prepare or submit appropria25 tions language as part of the President’s Budget submis-
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1 sion to the Congress of the United States for programs

2 under the jurisdiction of the Appropriations Subcommit3 tees on Agriculture, Rural Development, and Related

4 Agencies that assumes revenues or reflects a reduction

5 from the previous year due to user fees proposals that

6 have not been enacted into law prior to the submission

7 of the Budget unless such Budget submission identifies

8 which additional spending reductions should occur in the

9 event the user fees proposals are not enacted prior to the

10 date of the convening of a committee of conference for

11 the fiscal year 2002 appropriations Act.

12 SEC. 731. None of the funds appropriated or other13 wise made available by this Act shall be used to establish

14 an Office of Community Food Security or any similar of15 fice within the United States Department of Agriculture

16 without the prior approval of the Committees on Appro17 priations of both Houses of Congress.

18 SEC. 732. None of the funds appropriated or other19 wise made available by this or any other Act may be used

20 to carry out provision of section 612 of Public Law 105–

21 185.

22 SEC. 733. None of the funds appropriated by this Act

23 shall be used to propose or issue rules, regulations, de24 crees, or orders for the purpose of implementation, or in

25 preparation for implementation, of the Kyoto Protocol
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1 which was adopted on December 11, 1997, in Kyoto,

2 Japan.

3 SEC. 734. None of the funds appropriated or other4 wise made available by this Act may be used to declare

5 excess or surplus all or part of the lands and facilities

6 owned by the Federal Government and administered by

7 the Secretary of Agriculture at Fort Reno, Oklahoma, or

8 to transfer or convey such lands or facilities prior to July

9 1, 2001, without the specific authorization of Congress.

10 SEC. 735. None of the funds appropriated or other11 wise made available by this Act or any other Act shall

12 be used for the implementation of a Support Services Bu13 reau or similar organization.

14 SEC. 736. Notwithstanding any other provision of

15 law, for any fiscal year, in the case of a high cost, isolated

16 rural area of the State of Alaska that is not connected

17 to a road system—

18 (1) in the case of assistance provided by the

19 Rural Housing Service for single family housing

20 under title V of the Housing Act of 1949 (7 U.S.C.

21 1471 et seq.), the maximum income level for the as22 sistance shall be 150 percent of the average income

23 level in metropolitan areas of the State;

24 (2) in the case of community facility loans and

25 grants provided under paragraphs (1) and (19), re-
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1 spectively, of section 306(a) of the Consolidated

2 Farm and Rural Development Act (7 U.S.C.

3 1926(a)) and assistance provided under programs

4 carried out by the Rural Utilities Service, the max5 imum income level for the loans, grants, and assist6 ance shall be 150 percent of the average income level

7 in nonmetropolitan areas of the State;

8 (3) in the case of a business and industry guar9 anteed loan made under section 310B(a)(1) of the

10 Consolidated Farm and Rural Development Act (7

11 U.S.C. 1932(a)(1)), to the extent permitted under

12 that Act, the Secretary of Agriculture shall—

13 (A) guarantee the repayment of 90 percent

14 of the principal and interest due on the loan;

15 and

16 (B) charge a loan origination and servicing

17 fee in an amount not to exceed 1 percent of the

18 amount of the loan; and

19 (4) in the case of assistance provided under the

20 Rural Community Development Initiative for fiscal

21 year 2001 carried out under the rural community

22 advancement program established under subtitle E

23 of the Consolidated Farm and Rural Development

24 Act (7 U.S.C. 2009 et seq.), the median household

25 income level, and the not employed rate, with respect
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1 to applicants for assistance under the Initiative shall

2 be scored on a community-by-community basis.

3 SEC. 737. Notwithstanding any other provision of

4 law, the Town of Lloyd, New York, and the Town of

5 Thompson, New York, shall be eligible for loans and

6 grants provided through the Rural Community Advance7 ment Program.

8 SEC. 738. Hereafter, notwithstanding any other pro9 vision of law, no housing or residence in a foreign country

10 purchased by an agent or instrumentality of the United

States, for the purpose of housing the agricultural attache ́ 11 ,

12 shall be sold or disposed of without the approval of the

13 Foreign Agricultural Service of the United States Depart14 ment of Agriculture, including property purchased using

15 foreign currencies generated under the Agricultural Trade

16 Development and Assistance Act of 1954 (Public Law

480) and used or occupied by agricultural attache ́ 17 s of the

18 Foreign Agricultural Service: Provided, That the Depart19 ment of State/Office of Foreign Buildings may sell such

20 properties with the concurrence of the Foreign Agricul21 tural Service if the proceeds are used to acquire suitable

22 properties of appropriate size for Foreign Agricultural

Service agricultural attache ́ 23 s: Provided further, That the

24 Foreign Agricultural Service shall have the right to occupy
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1 such residences in perpetuity with costs limited to appro2 priate maintenance expenses.

3 SEC. 739. Hereafter, notwithstanding section

4 502(h)(7) of the Housing Act of 1949 (42 U.S.C.

5 1472(h)(7)), the fee collected by the Secretary of Agri6 culture with respect to a guaranteed loan under such sec7 tion 502(h) at the time of the issuance of such guarantee

8 may be in an amount equal to not more than 2 percent

9 of the principal obligation of the loan.

10 SEC. 740. Hereafter, funds appropriated to the De11 partment of Agriculture may be used to employ individuals

12 by contract for services outside the United States as deter13 mined by the agencies to be necessary or appropriate for

14 carrying out programs and activities abroad; and such

15 contracts are authorized to be negotiated, the terms of the

16 contract to be prescribed, and the work to be performed,

17 where necessary, without regard to such statutory provi18 sions as relate to the negotiation, making and performance

19 of contracts and performance of work in the United

20 States. Individuals employed by contract to perform such

21 services outside the United States shall not by virtue of

22 such employment be considered to be employees of the

23 United States Government for purposes of any law admin24 istered by the Office of Personnel Management. Such indi25 viduals may be considered employees within the meaning
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1 of the Federal Employee Compensation Act, 5 U.S.C.

2 8101 et seq. Further, that Government service credit shall

3 be accrued for the time employed under a Personal Service

4 Agreement (PSA) should the individual later be hired into

5 a permanent United States Government position within

6 FAS or another United States Government agency if the

7 authorities of the hiring agency so permit.

8 SEC. 741. None of the funds made available by this

9 Act or any other Act may be used to close or relocate a

10 state Rural Development office unless or until cost effec11 tiveness and enhancement of program delivery have been

12 determined.

13 SEC. 742. (a) IN GENERAL.—Section 141 of the Ag14 ricultural Market Transition Act (7 U.S.C. 7251) is

15 amended—

16 (1) in subsection (b)(4), by striking ‘‘and

17 2000’’; and inserting ‘‘through 2001’’; and

18 (2) in subsection (h), by striking ‘‘2000’’ each

19 place it appears and inserting ‘‘2001’’.

20 (b) CONFORMING AMENDMENT.—Section 142(e) of

21 the Agricultural Market Transition Act (7 U.S.C.

22 7252(e)) is amended by striking ‘‘2001’’ and inserting

23 ‘‘2002’’.

24 SEC. 743. Of any shipments of commodities made

25 pursuant to section 416(b) of the Agricultural Act of 1949
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1 (7 U.S.C. 1431(b)), the Secretary of Agriculture shall, to

2 the extent practicable, direct that tonnage equal in value

3 to not more than $25,000,000 shall be made available to

4 foreign countries to assist in mitigating the effects of the

5 Human Immunodeficiency Virus and Acquired Immune

6 Deficiency Syndrome on communities, including the provi7 sion of—

8 (1) agricultural commodities to—

9 (A) individuals with Human Immuno10 deficiency Virus or Acquired Immune Defi11 ciency Syndrome in the communities, and

12 (B) households in the communities, par13 ticularly individuals caring for orphaned chil14 dren; and

15 (2) agricultural commodities monetized to pro16 vide other assistance (including assistance under

17 microcredit and microenterprise programs) to create

18 or restore sustainable livelihoods among individuals

19 in the communities, particularly individuals caring

20 for orphaned children.

21 SEC. 744. In addition to amounts otherwise appro22 priated or made available by this Act, $2,000,000 is ap23 propriated for the purpose of providing Bill Emerson and

24 Mickey Leland Hunger Fellowships through the Congres25 sional Hunger Center.
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1 SEC. 745. (a) SHORT TITLE.—This section may be

2 cited as the ‘‘Medicine Equity and Drug Safety Act of

3 2000’’.

4 (b) FINDINGS.—The Congress makes the following

5 findings:

6 (1) The cost of prescription drugs for Ameri7 cans continues to rise at an alarming rate.

8 (2) Millions of Americans, including medicare

9 beneficiaries on fixed incomes, face a daily choice be10 tween purchasing life-sustaining prescription drugs,

11 or paying for other necessities, such as food and

12 housing.

13 (3) Many life-saving prescription drugs are

14 available in countries other than the United States

15 at substantially lower prices, even though such drugs

16 were developed and are approved for use by patients

17 in the United States.

18 (4) Many Americans travel to other countries to

19 purchase prescription drugs because the medicines

20 that they need are unaffordable in the United

21 States.

22 (5) Americans should be able to purchase medi23 cines at prices that are comparable to prices for

24 such medicines in other countries, but efforts to en25 able such purchases should not endanger the gold
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1 standard for safety and effectiveness that has been

2 established and maintained in the United States.

3 (c) AMENDMENT.—Chapter VIII of the Federal

4 Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.)

5 is amended—

6 (1) in section 801(d)(1), by inserting ‘‘and sec7 tion 804’’ after ‘‘paragraph (2)’’; and

8 (2) by adding at the end the following:

9 ‘‘IMPORTATION OF COVERED PRODUCTS

10 ‘‘SEC. 804. (a) REGULATIONS.—The Secretary, after

11 consultation with the United States Trade Representative

12 and the Commissioner of Customs, shall promulgate regu13 lations permitting pharmacists and wholesalers to import

14 into the United States covered products.

15 ‘‘(b) LIMITATION.—Regulations under subsection (a)

16 shall—

17 ‘‘(1) require that safeguards be in place to en18 sure that each covered product imported pursuant to

19 such subsection complies with section 505 (including

20 with respect to being safe and effective for its in21 tended use), with sections 501 and 502, and with

22 other applicable requirements of this Act;

23 ‘‘(2) require that an importer of a covered prod24 uct pursuant to subsection (a) comply with the ap25 plicable provisions of this section, including sub26 section (d); and
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1 ‘‘(3) contain any additional provisions deter2 mined by the Secretary to be appropriate as a safe3 guard to protect the public health or as a means to

4 facilitate the importation of such products.

5 ‘‘(c) RECORDS.—Regulations under subsection (a)

6 shall require that records regarding the importation of

7 covered products pursuant to such subsection be provided

8 to and maintained by the Secretary for a period of time

9 determined to be necessary by the Secretary.

10 ‘‘(d) IMPORTATION.—Regulations under subsection

11 (a) shall require an importer of a covered product pursu12 ant to such subsection to provide to the Secretary the fol13 lowing information and records:

14 ‘‘(1) The name and amount of the active ingre15 dient of such product and description of the dosage

16 form.

17 ‘‘(2) The date that the product is shipped and

18 the quantity of the product that is shipped, points

19 of origin and destination for the product, the price

20 paid for the product by the importer, and (once the

21 product is distributed) the price for which such

22 product is sold by the importer.

23 ‘‘(3) Documentation from the foreign seller

24 specifying the original source of the product and the

25 amount of each lot of the product originally received.
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1 ‘‘(4) The manufacturer’s lot or control number

2 of the product imported.

3 ‘‘(5) The name, address, and telephone number

4 of the importer, including the professional license

5 number of the importer, if any.

6 ‘‘(6) For a product that is coming directly from

7 the first foreign recipient of the product from the

8 manufacturer:

9 ‘‘(A) Documentation demonstrating that

10 such product came from such recipient and was

11 received by the recipient from such manufac12 turer.

13 ‘‘(B) Documentation of the amount of each

14 lot of the product received by such recipient to

15 demonstrate that the amount being imported

16 into the United States is not more than the

17 amount that was received by the recipient.

18 ‘‘(C) In the case of the initial imported

19 shipment, documentation demonstrating that

20 each batch of such shipment was statistically

21 sampled and tested for authenticity and deg22 radation.

23 ‘‘(D) In the case of all subsequent ship24 ments from such recipient, documentation dem25 onstrating that a statistically valid sample of
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1 such shipments was tested for authenticity and

2 degradation.

3 ‘‘(E) Certification from the importer or

4 manufacturer of such product that the product

5 is approved for marketing in the United States

6 and meets all labeling requirements under this

7 Act.

8 ‘‘(7) For a product that is not coming directly

9 from the first foreign recipient of the product from

10 the manufacturer:

11 ‘‘(A) Documentation demonstrating that

12 each batch in all shipments offered for importa13 tion into the United States was statistically

14 sampled and tested for authenticity and deg15 radation.

16 ‘‘(B) Certification from the importer or

17 manufacturer of such product that the product

18 is approved for marketing in the United States

19 and meets all labeling requirements under this

20 Act.

21 ‘‘(8) Laboratory records, including complete

22 data derived from all tests necessary to assure that

23 the product is in compliance with established speci24 fications and standards.
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1 ‘‘(9) Documentation demonstrating that the

2 testing required by paragraphs (6) through (8) was

3 performed at a qualifying laboratory (as defined in

4 subsection (k)).

5 ‘‘(10) Any other information that the Secretary

6 determines is necessary to ensure the protection of

7 the public health.

8 ‘‘(e) TESTING.—Regulations under subsection (a)—

9 ‘‘(1) shall require that testing referred to in

10 paragraphs (6) through (8) of subsection (d) be con11 ducted by the importer of the covered product pur12 suant to subsection (a), or the manufacturer of the

13 product;

14 ‘‘(2) shall require that if such tests are con15 ducted by the importer, information needed to au16 thenticate the product being tested, and to confirm

17 that the labeling of such product complies with label18 ing requirements under this Act, be supplied by the

19 manufacturer of such product to the pharmacist or

20 wholesaler, and shall require that such information

21 be kept in strict confidence and used only for pur22 poses of testing under this Act; and

23 ‘‘(3) may include such additional provisions as

24 the Secretary determines to be appropriate to pro25 vide for the protection of trade secrets and commer-
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1 cial or financial information that is privileged or

2 confidential.

3 ‘‘(f) COUNTRY LIMITATION.—Regulations under sub4 section (a) shall provide that covered products may be im5 ported pursuant to such subsection only from a country,

6 union, or economic area that is listed in subparagraph (A)

7 of section 802(b)(1) or designated by the Secretary, sub8 ject to such limitations as the Secretary determines to be

9 appropriate to protect the public health.

10 ‘‘(g) SUSPENSION OF IMPORTATIONS.—The Sec11 retary shall require that importations of specific covered

12 products or importations by specific importers pursuant

13 to subsection (a) be immediately suspended upon discovery

14 of a pattern of importation of such products or by such

15 importers that is counterfeit or in violation of any require16 ment pursuant to this section, until an investigation is

17 completed and the Secretary determines that the public

18 is adequately protected from counterfeit and violative cov19 ered products being imported pursuant to subsection (a).

20 ‘‘(h) PROHIBITED AGREEMENTS.—No manufacturer

21 of a covered product may enter into a contract or agree22 ment that includes a provision to prevent the sale or dis23 tribution of covered products imported pursuant to sub24 section (a).

25 ‘‘(i) STUDIES; REPORTS.—
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1 ‘‘(1) STUDY BY SECRETARY.—

2 ‘‘(A) IN GENERAL.—The Secretary shall

3 conduct, or contract with an entity to conduct,

4 a study on the imports permitted pursuant to

5 subsection (a), including consideration of the

6 information received under subsection (d). In

7 conducting such study, the Secretary or entity

8 shall—

9 ‘‘(i) evaluate the compliance of im10 porters with regulations under subsection

11 (a), and the number of shipments pursuant

12 to such subsection, if any, that have been

13 determined to be counterfeit, misbranded,

14 or adulterated, and determine how such

15 compliance contrasts with the number of

16 shipments of prescription drugs trans17 ported within the United States that have

18 been determined to be counterfeit, mis19 branded, or adulterated; and

20 ‘‘(ii) consult with the United States

21 Trade Representative and the Commis22 sioner of Patents and Trademarks to

23 evaluate the effect of importations pursu24 ant to subsection (a) on trade and patent

25 rights under Federal law.
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1 ‘‘(B) REPORT.—Not later than two years

2 after the effective date of final regulations

3 under subsection (a), the Secretary shall pre4 pare and submit to the Congress a report de5 scribing the findings of the study under sub6 paragraph (A).

7 ‘‘(2) STUDY BY GENERAL ACCOUNTING OF8 FICE.—The Comptroller General of the United

9 States shall conduct a study to determine the effect

10 of this section on the price of covered products sold

11 to consumers at retail. Not later than 18 months

12 after the effective date of final regulations under

13 subsection (a), the Comptroller General shall pre14 pare and submit to the Congress a report describing

15 the findings of such study.

16 ‘‘(j) CONSTRUCTION.—Nothing in this section shall

17 be construed to limit the statutory, regulatory, or enforce18 ment authority of the Secretary relating to the importa19 tion of covered products, other than with respect to section

20 801(d)(1) as provided in this section.

21 ‘‘(k) DEFINITIONS.—

22 ‘‘(1) COVERED PRODUCT.—

23 ‘‘(A) IN GENERAL.—For purposes of this

24 section, the term ‘covered product’ means a pre25 scription drug, except that such term does not
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1 include a controlled substance in schedule I, II,

2 or III under section 202(c) of the Controlled

3 Substances Act or a biological product as de4 fined in section 351 of the Public Health Serv5 ice Act.

6 ‘‘(B) CHARITABLE CONTRIBUTIONS; PAR7 ENTERAL DRUGS.—Notwithstanding any other

8 provision of this section, section 801(d)(1)—

9 ‘‘(i) continues to apply to a covered

10 product donated or otherwise supplied for

11 free by the manufacturer of the drug to a

12 charitable or humanitarian organization,

13 including the United Nations and affili14 ates, or to a government of a foreign coun15 try; and

16 ‘‘(ii) continues to apply to a covered

17 product that is a parenteral drug the im18 portation of which pursuant to subsection

19 (a) is determined by the Secretary to pose

20 a threat to the public health.

21 ‘‘(2) OTHER TERMS.—For purposes of this sec22 tion:

23 ‘‘(A) The term ‘importer’ means a phar24 macist or wholesaler.
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1 ‘‘(B) The term ‘pharmacist’ means a per2 son licensed by a State to practice pharmacy,

3 including the dispensing and selling of prescrip4 tion drugs.

5 ‘‘(C) The term ‘prescription drug’ means a

6 drug subject to section 503(b).

7 ‘‘(D) The term ‘qualifying laboratory’

8 means a laboratory in the United States that

9 has been approved by the Secretary for pur10 poses of this section.

11 ‘‘(E) The term ‘wholesaler’ means a person

12 licensed as a wholesaler or distributor of pre13 scription drugs in the United States pursuant

14 to section 503(e)(2)(A). Such term does not in15 clude a person authorized to import drugs

16 under section 801(d)(1).

17 ‘‘(l) CONDITIONS.—This section shall become effec18 tive only if the Secretary demonstrates to the Congress

19 that the implementation of this section will—

20 ‘‘(1) pose no additional risk to the public’s

21 health and safety; and

22 ‘‘(2) result in a significant reduction in the cost

23 of covered products to the American consumer.

24 ‘‘(m) SUNSET.—Effective upon the expiration of the

25 five-year period beginning on the effective date of final
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1 regulations under subsection (a), this section ceases to

2 have any legal effect.’’.

3 (d) PROHIBITED ACT.—

4 (1) IN GENERAL.—Section 301 of the Federal

5 Food, Drug, and Cosmetic Act (21 U.S.C. 331) is

6 amended by adding at the end the following:

7 ‘‘(aa) The importation of a covered product in viola8 tion of section 804, the falsification of any record required

9 to be maintained or provided to the Secretary under such

10 section, or any other violation of regulations under such

11 section.’’.

12 (2) ENHANCED PENALTIES.—Section 303(b) of

13 the Federal Food, Drug, and Cosmetic Act (21

14 U.S.C. 333(b)) is amended by adding at the end the

15 following:

16 ‘‘(6) Notwithstanding subsection (a), any person who

17 is a manufacturer or importer of a covered product pursu18 ant to section 804(a) and knowingly fails to comply with

19 a requirement of section 804(e) that is applicable to such

20 manufacturer or importer, respectively, shall be impris21 oned for not more than 10 years or fined not more than

22 $250,000, or both.’’.

23 (e) For an additional amount for ‘‘Salaries and ex24 penses’’, Food and Drug Administration, $23,000,000,

25 solely to carry out the ‘‘Medicine Equity and Drug Safety
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1 Act of 2000’’, to be available only upon submission of an

2 official budget request and justification for such amount

3 by the President to the Congress.

4 SEC. 746. (a) SHORT TITLE.—This section may be

5 cited as the ‘‘Prescription Drug Import Fairness Act of

6 2000’’.

7 (b) FINDINGS.—The Congress finds as follows:

8 (1) Patients and their families sometimes have

9 reason to import into the United States drugs that

10 have been approved by the Food and Drug Adminis11 tration (‘‘FDA’’).

12 (2) There have been circumstances in which—

13 (A) an individual seeking to import such a

14 drug has received a notice from FDA that im15 porting the drug violates or may violate the

16 Federal Food, Drug, and Cosmetic Act; and

17 (B) the notice failed to inform the indi18 vidual of the reasons underlying the decision to

19 send the notice.

20 (3) FDA should not send a warning notice re21 garding the importation of a drug without providing

22 to the individual involved a statement of the under23 lying reasons for the notice.

24 (c) CLARIFICATION OF CERTAIN RESPONSIBILITIES

25 OF FOOD AND DRUG ADMINISTRATION WITH RESPECT
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1 TO IMPORTATION OF PRESCRIPTION DRUGS INTO UNITED

2 STATES.—Section 801 of the Federal Food, Drug, and

3 Cosmetic Act (21 U.S.C. 381) is amended by adding at

4 the end the following subsection:

5 ‘‘(g)(1) With respect to a prescription drug being im6 ported or offered for import into the United States, the

7 Secretary, in the case of an individual who is not in the

8 business of such importations, may not send a warning

9 notice to the individual unless the following conditions are

10 met:

11 ‘‘(A) The notice specifies, as applicable to the

12 importation of the drug, that the Secretary has

13 made a determination that—

14 ‘‘(i) importation is in violation of section

15 801(a) because the drug is or appears to be

16 adulterated, misbranded, or in violation of sec17 tion 505;

18 ‘‘(ii) importation is in violation of section

19 801(a) because the drug is or appears to be for20 bidden or restricted in sale in the country in

21 which it was produced or from which it was ex22 ported;

23 ‘‘(iii) importation is or appears to be in

24 violation of section 801(d)(1); or
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1 ‘‘(iv) importation otherwise is or appears

2 to be in violation of Federal law.

3 ‘‘(B) The notice does not specify any provision

4 described in subparagraph (A) that is not applicable

5 to the importation of the drug.

6 ‘‘(C) The notice states the reasons underlying

7 such determination by the Secretary, including a

8 brief application to the principal facts involved of the

9 provision of law described in subparagraph (A) that

10 is the basis of the determination by the Secretary.

11 ‘‘(2) For purposes of this section, the term ‘warning

12 notice’, with respect to the importation of a drug, means

13 a communication from the Secretary (written or other14 wise) notifying a person, or clearly suggesting to the per15 son, that importing the drug for personal use is, or ap16 pears to be, a violation of this Act.’’.

17 SEC. 747. Notwithstanding any other provision of

18 law, the Secretary of Agriculture may not deny a loan ap19 plication made pursuant to the Consolidated Farm and

20 Rural Development Act (7 U.S.C. 1921 et seq.) in Arkan21 sas solely on the basis that—

22 (a) the proceeds of the loan will be used to con23 duct activities in a flood plain; or

24 (b) the loan is secured by land that is in a flood

25 plain.
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1 SEC. 748. Section 2111(a)(3) of the Organic Foods

2 Production Act of 1990 (7 U.S.C. 651(a)(3)) is amended

3 by adding after ‘‘sulfites,’’ ‘‘except in the production of

4 wine,’’.

5 SEC. 749. Notwithstanding any other provision of law

6 or regulation, hereafter, Friends of the National Arbo7 retum, an organization described in section 501(c)(3) of

8 the Internal Revenue Code of 1986 and exempt from tax9 ation under section 501(a) of such Code incorporated in

10 the District of Columbia, shall not be considered a prohib11 ited source with respect to gifts to the United States Na12 tional Arboretum so long as Friends of the National Arbo13 retum remains an organization described under section

14 501(c)(3) of such Code and continues to conduct its oper15 ations exclusively for the benefit of the United States Na16 tional Arboretum. The Secretary of Agriculture shall,

17 within 90 days of enactment of this Act, provide the Ap18 propriations Committees of both Houses of Congress with

19 either a copy of a Memorandum of Understanding detail20 ing the nature of its partnership with the Friends of the

21 National Arboretum, or with a written explanation of why

22 such a Memorandum of Understanding could not be

23 achieved.

24 SEC. 750. None of the funds made available by this

25 Act may be used to require an office of the Farm Service
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1 Agency that is using FINPACK on May 17, 1999, for fi2 nancial planning and credit analysis, to discontinue use

3 of FINPACK for six months from the date of enactment

4 of this Act.

5 SEC. 751. Hereafter, the Secretary of Agriculture

6 shall consider any borrower whose income does not exceed

7 115 percent of the median family income of the United

8 States as meeting the eligibility requirements for a bor9 rower contained in section 502(h)(2) of the Housing Act

10 of 1949 (42 U.S.C. 1472(h)(2)).

11 SEC. 752. Effective 180 days after the date of the

12 enactment of this Act and continuing for the remainder

13 of fiscal year 2001 and each subsequent fiscal year, estab14 lishments in the United States that slaughter or process

15 birds of the order Ratitae, such as ostriches, emus and

16 rheas, and squab, for distribution in commerce as human

17 food shall be subject to the ante mortem and post mortem

18 inspection, reinspection, and sanitation requirements of

19 the Poultry Products Inspection Act (21 U.S.C. 451 et

20 seq.) rather than the voluntary poultry inspection program

21 of the Department of Agriculture under section 203 of the

22 Agricultural Marketing Act of 1946 (7 U.S.C. 1622).

23 SEC. 753. In developing a rule concerning on-farm

24 standards for prevention of Salmonella Enteritidis in shell

25 eggs pursuant to any plan to eliminate Salmonella
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1 Enteritidis illnesses due to eggs, the Food and Drug Ad2 ministration shall—

3 (a) consider one environmental test per laying

4 cycle for each layer house for verification of the pro5 ducer’s Salmonella Enteritidis reduction plan;

6 (b) consider when it is appropriate to require

7 diversion of shell eggs to treatment, such as pasteur8 ization, and base any requirement for testing that

9 would necessitate diversion, which may include the

10 receipt of a positive egg test result, on sound

11 science;

12 (c) conduct or support research to develop cost13 effective and improved tests for determination of

14 Salmonella Enteritidis; and

15 (d) solicit comments on appropriate options for

16 implementing a Salmonella Enteritidis reduction

17 plan in shell eggs, including comments on con18 ducting and funding testing, through state and fed19 eral programs.

20 SEC. 754. Public Law 105–277, division A, title XI,

21 section 1121 (112 Stat. 2681–44, 2681–45) is amended

22 by—

23 (1) striking ‘‘not later than January 1, 2000’’

24 and inserting ‘‘not later than January 1, 2001’’; and
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1 (2) adding the following new subsection at the

2 end thereof—

3 ‘‘(d) ADDITIONAL DISBURSEMENT.—

4 ‘‘(1) COTTON STORED IN GEORGIA.—The State

5 of Georgia may use funds remaining in the indem6 nity fund established in accordance with this section

7 to compensate cotton producers in other States who

8 stored cotton in the State of Georgia and incurred

9 losses in 1998 or 1999 as the result of the events

10 described in subsection (a).

11 ‘‘(2) GINNERS AND OTHERS.—The State of

12 Georgia may also use funds remaining in the indem13 nity fund established in accordance with this section

14 to compensate cotton ginners and others in the busi15 ness of producing, ginning, warehousing, buying, or

16 selling cotton for losses they incurred in 1998 or

17 1999 as the result of the events described in sub18 section (a), if—

19 ‘‘(A) as of March 1, 2000, the indemnity

20 fund has not been exhausted,

21 ‘‘(B) the State of Georgia provides cotton

22 producers an additional time period prior to

23 May 1, 2000, in which to establish eligibility for

24 compensation under this section;
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1 ‘‘(C) the State of Georgia determines dur2 ing calendar year 2000 that all cotton pro3 ducers in that State and cotton producers in

4 other States as described in paragraph (d)(1)

5 have been appropriately compensated for losses

6 incurred in 1998 or 1999 as described in sub7 section (a); and

8 ‘‘(D) such additional compensation is not

9 made available until May 1, 2000.’’.

10 SEC. 755. The Food Security Act of 1985 is amended

11 by inserting after section 1230 (16 U.S.C. 3830) the fol12 lowing:

13 ‘‘SEC. 1230A. GOOD FAITH RELIANCE.

14 ‘‘(a) IN GENERAL.—Except as provided in subsection

15 (d) and notwithstanding any other provision of this chap16 ter, the Secretary shall provide equitable relief to an owner

17 or operator that has entered into a contract under this

18 chapter, and that is subsequently determined to be in vio19 lation of the contract, if the owner or operator in attempt20 ing to comply with the terms of the contract and enroll21 ment requirements took actions in good faith reliance on

22 the action or advice of an authorized representative of the

23 Secretary.

24 ‘‘(b) TYPES OF RELIEF.—The Secretary shall—
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1 ‘‘(1) to the extent the Secretary determines that

2 an owner or operator has been injured by good faith

3 reliance described in subsection (a), allow the owner

4 or operator to do any one or more of the following—

5 ‘‘(A) to retain payments received under the

6 contract;

7 ‘‘(B) to continue to receive payments

8 under the contract;

9 ‘‘(C) to keep all or part of the land covered

10 by the contract enrolled in the applicable pro11 gram under this chapter;

12 ‘‘(D) to reenroll all or part of the land cov13 ered by the contract in the applicable program

14 under this chapter; or

15 ‘‘(E) or any other equitable relief the Sec16 retary deems appropriate; and

17 ‘‘(2) require the owner or operator to take such

18 actions as are necessary to remedy any failure to

19 comply with the contract.

20 ‘‘(c) RELATION TO OTHER LAW.—The authority to

21 provide relief under this section shall be in addition to any

22 other authority provided in this or any other Act.

23 ‘‘(d) EXCEPTION.—This section shall not apply to a

24 pattern of conduct in which an authorized representative

25 of the Secretary takes actions or provides advice with re-
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1 spect to an owner or operator that the representative and

2 the owner or operator know are inconsistent with applica3 ble law (including regulations).

4 ‘‘(e) APPLICABILITY OF RELIEF.—Relief under this

5 section shall be available for contracts in effect on January

6 1, 2000 and for all subsequent contracts.’’.

7 SEC. 756. Section 375(e)(6)(B) of the Consolidated

8 Farm and Rural Development Act (7 U.S.C.

9 2008j(e)(6)(B)) is amended by striking ‘‘$20,000,000’’

10 and inserting ‘‘$25,000,000’’.

11 SEC. 757. Refunds or rebates received on an on-going

12 basis from a credit card services provider under the De13 partment of Agriculture’s charge card programs may be

14 deposited to and retained without fiscal year limitation in

15 the Departmental Working Capital Fund established

16 under 7 U.S.C. 2235 and used to fund management initia17 tives of general benefit to the Department of Agriculture

18 bureaus and offices as determined by the Secretary of Ag19 riculture or the Secretary’s designee.

20 SEC. 758. The Act of August 19, 1958 (7 U.S.C.

21 1431 note) is amended—

22 (1) by striking ‘‘clause (3) or (4) of’’ the first

23 place it appears and inserting ‘‘the Food for

24 Progress Act of 1985,’’;
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1 (2) by striking ‘‘clause (3) or (4) of such’’ and

2 inserting ‘‘the Food for Progress Act of 1985,

3 such’’; and

4 (3) by striking ‘‘to the President’’.

5 SEC. 759. Notwithstanding any other provision of

6 law, the Sea Island Health Clinic located on Johns Island,

7 South Carolina, shall remain eligible for assistance and

8 funding from the Rural Development community facilities

9 programs administered by the Department of Agriculture

10 until such time new population data is available from the

11 2000 Census.

12 SEC. 760. Notwithstanding any other provision of

13 law, the area bounded by West 197th Avenue, North S.W.

14 232nd Street, East U.S. Highway 1 and S.W. 360th

15 Street in Dade County, Florida, shall continue to be eligi16 ble to receive business and industry guaranteed loans

17 under section 310B of the Consolidated Farm and Rural

18 Development Act (7 U.S.C. 1932) until such time that

19 population data is available from the 2000 decennial Cen20 sus.

21 SEC. 761. Hereafter, the Secretary of Agriculture

22 shall consider the City of Kewanee and the City of Jack23 sonville, Illinois, as meeting the requirements of a rural

24 area contained in section 520 of the Housing Act of 1949

25 (42 U.S.C. 1490).
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1 SEC. 762. Notwithstanding any other provision of

2 law, the Chief of the Natural Resources Conservation

3 Service shall provide funds, within discretionary amounts

4 available, to pay the balance of the amount due pursuant

5 to the settlement of claims associated with the

6 Chuquatonchee Watershed Project in Mississippi to close

7 out this project.

8 SEC. 763. Notwithstanding any other provision of

9 law, the Konocti Water District, California, shall be eligi10 ble for grants and loans administered by the Rural Utili11 ties Service.

12 SEC. 764. Notwithstanding any other provision of

13 law, Jefferson County, Kentucky, shall be considered to

14 be a rural area for the purposes of the business and indus15 try direct and guaranteed loan program authorized by the

16 Consolidated Farm and Rural Development Act (7 U.S.C.

17 1921 et seq.).

18 SEC. 765. The Secretary of Agriculture may convey,

19 under such terms and conditions as the Secretary con20 siders appropriate, all right, title, and interest of the

21 United States in and to a parcel of real property con22 sisting of approximately one acre located within the Sun23 nyside Subdivision in Prince George’s County, Maryland,

24 for the purpose of resolving land title claims and encroach25 ments at the Beltsville Agricultural Research Center and
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1 for promoting public access on Sunnyside Avenue. Any

2 funds received by the Secretary as a result of the convey3 ance shall be credited to and merged with the appropria4 tions available to operate the Beltsville Agricultural Re5 search Center and shall be available, without further ap6 propriation, for the same purposes and for the same time

7 period as such appropriations.

8 SEC. 766. Of the funds provided to carry out section

9 211(a) of the Agricultural Risk Protection Act of 2000

10 (16 U.S.C. 2820 note; Public Law 106–224), up to

11 $500,000 shall be used solely for the State of California.

12 SEC. 767. The first section of the Act of March 2,

13 1931 (7 U.S.C. 426) is amended to read as follows:

14 ‘‘SECTION 1. PREDATORY AND OTHER WILD ANIMALS.

15 ‘‘The Secretary of Agriculture may conduct a pro16 gram of wildlife services with respect to injurious animal

17 species and take any action the Secretary considers nec18 essary in conducting the program. The Secretary shall ad19 minister the program in a manner consistent with all of

20 the wildlife services authorities in effect on the day before

21 the date of the enactment of the Agriculture, Rural Devel22 opment, Food and Drug Administration, and Related

23 Agencies Appropriations Act, 2001.’’.

24 SEC. 768. Section 412(d) of the Agricultural Trade

25 Development and Assistance Act of 1954 (7 U.S.C.
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1 1736f(d)) is amended by striking ‘‘title I of the Agricul2 tural Act of 1949 (7 U.S.C. 1421 et seq.)’’ and inserting

3 ‘‘dairy price support operations’’.

4 SEC. 769. Notwithstanding any other provision of

5 law, the City of Coachella, California, shall be eligible for

6 grants and loans administered by the rural development

7 mission areas of the Department of Agriculture.

8 SEC. 770. Notwithstanding any other provision of

9 law, the Secretary of Agriculture shall consider the City

10 of Vicksburg, Mississippi, as meeting the requirements of

11 a rural area in section 520 of the Housing Act of 1949

12 (42 U.S.C. 1490).

13 SEC. 771. Notwithstanding any other provision of

14 law, the Administrator of the Rural Utilities Service shall

15 use the authorities provided in the Rural Electrification

16 Act of 1936 to finance the acquisition of existing genera17 tion, transmission and distribution systems and facilities

18 serving high cost, predominantly rural areas by entities

19 capable of and dedicated to providing or improving service

20 in such areas in an efficient and cost effective manner.

21 SEC. 772. None of the funds appropriated or other22 wise made available by this Act shall be used to issue a

23 notice of proposed rulemaking, to promulgate a proposed

24 rule, or to otherwise change or modify the definition of
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1 ‘‘animal’’ in existing regulations pursuant to the Animal

2 Welfare Act.

3 SEC. 773. Section 306(a)(19)(A) of the Consolidated

4 Farmers Home Administration Act of 1961 is amended

5 by inserting after ‘‘nonprofit corporations’’ the following

6 new phrase: ‘‘, Indian tribes (as such term is defined

7 under section 4(e) of Public Law 93–638, as amended),’’.

8 SEC. 774. Section 2101 of the Emergency Supple9 mental Act, 2000 (Public Law 106–246; 114 Stat. 541)

10 is amended—

11 (1) by inserting ‘‘or prior’’ after ‘‘such out12 standing’’; and

13 (2) by inserting ‘‘and subsequently repaid’’

14 after ‘‘placed under loan’’.

15 SEC. 775. For purposes of administering Title IX of

16 this Act, the term ‘‘agricultural commodity’’ shall also in17 clude fertilizer and organic fertilizer, except to the extent

18 provided pursuant to Section 904 of that title.

19 SEC. 776. SENSE OF THE CONGRESS; HAMILTON GRANGE,

20 NEW YORK.

21 (a) Congress finds that—

22 (1) Alexander Hamilton, assisted by James

23 Madison and George Washington, was the principal

24 drafter of the Constitution of the United States;
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1 (2) Hamilton was General Washington’s aide2 de-camp during the Revolutionary War, and, given

3 command by Washington of the New York and Con4 necticut light infantry battalion, led the successful

5 assault on British redoubt number 10 at Yorktown;

6 (3) after serving as Secretary of the Treasury,

7 Hamilton founded the Bank of New York and the

8 New York Post;

9 (4) the only home Hamilton ever owned, com10 monly known as ‘‘the Grange’’, is a fine example of

11 Federal period architecture designed by New York

12 architect John McComb, Jr., and was built in upper

13 Manhattan in 1803;

14 (5) the New York State Assembly enacted a law

15 in 1908 authorizing New York City to acquire the

16 Grange and move it to nearby St. Nicholas Park,

17 part of the original Hamilton estate, but no action

18 was taken;

19 (6) in 1962, the National Park Service took

20 over management of the Grange, by then wedged on

21 Convent Avenue within inches between an apartment

22 house on the north side and a church on the south

23 side;

24 (7) the 1962 designation of the Grange as a na25 tional memorial was contingent on the acquisition by
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1 the National Park Service of a site to which the

2 building could be relocated;

3 (8) the New York State legislature enacted a

4 law in 1998 that granted approval for New York

5 City to transfer land in St. Nicholas Park to the Na6 tional Park Service, causing renovations to the

7 Grange to be postponed; and

8 (9) no obelisk, monument, or classical temple

9 along the national mall has been constructed to

10 honor the man who more than any other designed

11 the Government of the United States, Hamilton

12 should at least be remembered by restoring his home

13 in a sylvan setting.

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that—

16 (1) Alexander Hamilton made an immense con17 tribution to the United States by serving as a prin18 cipal drafter of the Constitution; and

19 (2) the National Park Service should

20 expeditiously—

21 (A) proceed to relocate the Grange to St.

22 Nicholas Park; and

23 (B) restore the Grange to a state befitting

24 the memory of Alexander Hamilton.
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1 SEC. 777. FINANCIAL ASSISTANCE FOR LAND ACQUISITION

2 FOR FALLEN TIMBERS BATTLEFIELD AND

3 FORT MIAMIS NATIONAL HISTORIC SITE.

4 (a) IN GENERAL.—Section 4 of the Fallen Timbers

5 Battlefield and Fort Miamis National Historic Site Act

6 of 1999 (Public Law 106–164; 16 U.S.C. 461 note) is

7 amended by adding at the end the following:

8 ‘‘(d) LAND ACQUISITION ASSISTANCE.—

9 ‘‘(1) IN GENERAL.—The Secretary may provide

10 financial assistance to the management entity for ac11 quiring lands or interests in lands within the bound12 aries of the historic site under subsection (b).

13 ‘‘(2) COST SHARING.—Financial assistance

14 under this subsection may not be used to pay more

15 than 50 percent of the cost of any acquisition made

16 with the assistance.

17 ‘‘(3) CONDITION.—The Secretary shall require,

18 as a condition of any assistance under this sub19 section, that any interest in land acquired with as20 sistance under this subsection shall be included in

21 and managed as part of the historic site.’’.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

23 6 of such Act is amended by inserting ‘‘(a) IN GEN24 ERAL.—’’ before ‘‘There is authorized’’, and by adding at

25 the end the following:
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1 ‘‘(b) LAND ACQUISITION ASSISTANCE.—There is au2 thorized to be appropriated $2,500,000 to carry out sec3 tion 4(d).’’.

4 TITLE VIII

5 NATURAL DISASTER ASSISTANCE AND OTHER

6 EMERGENCY APPROPRIATIONS

7 DEPARTMENT OF AGRICULTURE

8 OFFICE OF THE CHIEF INFORMATION OFFICER

9 COMMON COMPUTING ENVIRONMENT

10 For an additional amount for ‘‘Common Computing

11 Environment,’’ $19,500,000, to remain available until ex12 pended: Provided, That the entire amount shall be avail13 able only to the extent that an official budget request for

14 $19,500,000, that includes designation of the entire

15 amount of the request as an emergency requirement as

16 defined in the Balanced Budget and Emergency Deficit

17 Control Act of 1985, as amended, is transmitted by the

18 President to the Congress: Provided further, That the en19 tire amount is designated by the Congress as an emer20 gency requirement pursuant to section 251(b)(2)(A) of

21 such Act.

22 DEPARTMENTAL ADMINISTRATION

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount for Departmental Adminis25 tration, $200,000: Provided, That this amount shall be
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1 transferred to the Small Business Administration to sup2 port two advocacy staffers to review rules and regulations

3 relating to disasters to determine the impact of their im4 plementation on small business entities: Provided further,

5 That the entire amount shall be available only to the ex6 tent an official budget request for $200,000, that includes

7 designation of the entire amount of the request as an

8 emergency requirement as defined in the Balanced Budget

9 and Emergency Deficit Control Act of 1985, as amended,

10 is transmitted by the President to the Congress: Provided

11 further, That the entire amount is designated by the Con12 gress as an emergency requirement pursuant to section

13 251(b)(2)(A) of such Act.

14 FARM SERVICE AGENCY

15 SALARIES AND EXPENSES

16 For an additional amount for ‘‘Salaries and Ex17 penses’’, $50,000,000, to remain available until expended:

18 Provided, That the entire amount shall be available only

19 to the extent that an official budget request for

20 $50,000,000, that includes designation of the entire

21 amount of the request as an emergency requirement as

22 defined in the Balanced Budget and Emergency Deficit

23 Control Act of 1985, as amended, is transmitted by the

24 President to the Congress: Provided further, That the en25 tire amount is designated by the Congress as an emer-
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1 gency requirement pursuant to section 251(b)(2)(A) of

2 such Act.

3 EMERGENCY CONSERVATION PROGRAM

4 For an additional amount for ‘‘Emergency Conserva5 tion Program,’’ for expenses resulting from natural disas6 ters, $80,000,000, to remain available until expended:

7 Provided, That the entire amount shall be available only

8 to the extent an official budget request for $80,000,000,

9 that includes designation of the entire amount of the re10 quest as an emergency requirement as defined in the Bal11 anced Budget and Emergency Deficit Control Act of 1985,

12 as amended, is transmitted by the President to the Con13 gress: Provided further, That the entire amount is des14 ignated by the Congress as an emergency requirement

15 pursuant to section 251(b)(2)(A) of such Act.

16 FEDERAL CROP INSURANCE CORPORATION FUND

17 For an additional amount for the Federal Crop In18 surance Corporation Fund, up to $13,000,000, to provide

19 premium discounts to purchasers of crop insurance rein20 sured by the Corporation (except for catastrophic risk pro21 tection coverage), as authorized under section 1102(g)(2)

22 of the Agriculture, Rural Development, Food and Drug

23 Administration and Related Agencies Appropriations Act,

24 1999 (Public Law 105–277): Provided, That the entire

25 amount is designated by the Congress as an emergency

26 requirement pursuant to section 251(b)(2)(A) of the Bal-
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1 anced Budget and Emergency Deficit Control Act of 1985,

2 as amended.

3 NATURAL RESOURCES CONSERVATION SERVICE

4 WATERSHED AND FLOOD PREVENTION OPERATIONS

5 For an additional amount for ‘‘Watershed and Flood

6 Prevention Operations’’, to repair damages to the water7 ways and watersheds, including the purchase of floodplain

8 easements, resulting from natural disasters,

9 $110,000,000, to remain available until expended: Pro10 vided, That of the amount made available in this section,

11 the Secretary may use up to $2,000,000 to replace, repair

12 and improve snow telemetry equipment impacted by fire,

13 winds, and fire fighting efforts in order to protect water14 sheds: Provided further, That the entire amount shall be

15 available only to the extent an official budget request for

16 $110,000,000, that includes designation of the entire

17 amount of the request as an emergency requirement as

18 defined in the Balanced Budget and Emergency Deficit

19 Control Act of 1985, as amended, is transmitted by the

20 President to the Congress: Provided further, That the en21 tire amount is designated by the Congress as an emer22 gency requirement pursuant to section 251(b)(2)(A) of

23 such Act.
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1 RURAL COMMUNITY ADVANCEMENT PROGRAM

2 For an additional amount for the Rural Community

3 Advancement Program, $200,000,000, to remain available

4 until expended: Provided, That of the additional amount

5 appropriated, $50,000,000 shall be to provide grants for

6 facilities in rural communities with extreme unemployment

7 and severe economic depression: Provided further, That of

8 the additional amount appropriated, $30,000,000 shall be

9 to provide grants in rural communities with extremely

10 high energy costs: Provided further, That of the additional

11 amount appropriated, $50,000,000 shall be for rural com12 munity programs described in section 381E(d)(1) of the

13 Consolidated Farm and Rural Development Act (7 U.S.C.

14 2009d), of which $25,000,000 shall be to provide assist15 ance to areas in the State of North Carolina subject to

16 a declaration of a major disaster as a result of Hurricane

17 Floyd, Hurricane Dennis, or Hurricane Irene: Provided

18 further, That of the additional amount appropriated,

19 $70,000,000 shall be for the cost of direct loans and

20 grants of the rural utilities programs described in section

21 381E(d)(2) of the Consolidated Farm and Rural Develop22 ment Act (7 U.S.C. 2009d) for distribution through the

23 national reserve, of which $30,000,000 may be used in

24 counties which have received an emergency designation by

25 the President or the Secretary after January 1, 2001, for
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1 applications responding to water shortages resulting from

2 the designated emergency: Provided further, That the en3 tire amount necessary to carry out this section shall be

4 available only to the extent that an official budget request

5 for $200,000,000, that includes designation of the entire

6 amount of the request as an emergency requirement as

7 defined in the Balanced Budget and Emergency Deficit

8 Control Act of 1985, as amended, is transmitted by the

9 President to the Congress: Provided further, That the en10 tire amount is designated by the Congress as an emer11 gency requirement pursuant to section 251(b)(2)(A) of

12 such Act.

13 GENERAL PROVISIONS—THIS TITLE

14 SEC. 801. Notwithstanding section 11 of the Com15 modity Credit Corporation Charter Act (15 U.S.C. 714i),

16 an additional $35,000,000, to remain available until ex17 pended, shall be provided through the Commodity Credit

18 Corporation for technical assistance activities performed

19 by any agency of the Department of Agriculture in car20 rying out the Conservation Reserve Program and the Wet21 lands Reserve Program funded by the Commodity Credit

22 Corporation: Provided, That the entire amount shall be

23 available only to the extent an official budget request for

24 $35,000,000, that includes designation of the entire

25 amount of the request as an emergency requirement as
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1 defined in the Balanced Budget and Emergency Deficit

2 Control Act of 1985, as amended, is transmitted by the

3 President to the Congress: Provided further, That the en4 tire amount is designated by the Congress as an emer5 gency requirement pursuant to section 251(b)(2)(A) of

6 such Act.

7 SEC. 802. The paragraph under the heading ‘‘Live8 stock Assistance’’ in chapter 1, title I of H.R. 3425 of

9 the 106th Congress, enacted by section 1000(a)(5) of Pub10 lic Law 106–113 (113 Stat. 1536) is amended by striking

11 ‘‘during 1999’’ and inserting ‘‘from January 1, 1999,

12 through February 7, 2000’’: Provided, That the entire

13 amount necessary to carry out this section shall be avail14 able only to the extent that an official budget request for

15 the entire amount, that includes designation of the entire

16 amount of the request as an emergency requirement as

17 defined in the Balanced Budget and Emergency Deficit

18 Control Act of 1985, as amended, is transmitted by the

19 President to the Congress: Provided further, That the en20 tire amount is designated by the Congress as an emer21 gency requirement pursuant to section 251(b)(2)(A) of

22 such Act.

23 SEC. 803. Hereafter, for the purposes of the Live24 stock Indemnity Program authorized in Public Law 105–

25 18, the term ‘‘livestock’’ shall have the same meaning as
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1 the term ‘‘livestock’’ under section 104 of Public Law

2 106–31.

3 SEC. 804. Notwithstanding any other provision of

4 law, the Secretary of Agriculture may use the funds, facili5 ties and authorities of the Commodity Credit Corporation

6 to administer and make payments for losses not otherwise

7 compensated to: (a) compensate growers whose crops

8 could not be sold due to Mexican fruit fly quarantines in

9 San Diego and San Bernardino/Riverside counties in Cali10 fornia since their imposition on November 16, 1999, and

11 September 10, 1999, respectively; (b) compensate growers

12 in relation to the Secretary’s ‘‘Declaration of Extraor13 dinary Emergency’’ on March 2, 2000, regarding the plum

14 pox virus; (c) compensate growers for losses due to

15 Pierce’s disease; (d) compensate growers for losses due to

16 watermelon sudden wilt disease; and (e) compensate grow17 ers for losses incurred due to infestations of grasshoppers

18 and Mormon crickets: Provided, That the entire amount

19 necessary to carry out this section shall be available only

20 to the extent that an official budget request for the entire

21 amount, that includes designation of the entire amount of

22 the request as an emergency requirement as defined in

23 the Balanced Budget and Emergency Deficit Control Act

24 of 1985, as amended, is transmitted by the President to

25 the Congress: Provided further, That the entire amount
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1 is designated by the Congress as an emergency require2 ment pursuant to section 251(b)(2)(A) of such Act.

3 SEC. 805. The Secretary shall use the funds, facilities

4 and authorities of the Commodity Credit Corporation to

5 make and administer supplemental payments to dairy pro6 ducers who received a payment under section 805 of Pub7 lic Law 106–78 and to new dairy producers. Such pay8 ment, per unit of production used in such prior payments,

9 shall be in an amount equal to 35 percent of the reduction

10 in market value per unit of milk production in 2000, as

11 determined by the Secretary, based, to the extent prac12 ticable, on price estimates as of the date of enactment of

13 this Act, from the previous 5-year average and on the base

14 production of the producer used to make a payment under

15 section 805 of Public Law 106–78: Provided, That these

16 funds shall be available until September 30, 2001: Pro17 vided further, That the Secretary shall make payments to

18 producers under this section in a manner consistent with

19 and subject to the same limitations on payments and eligi20 ble production which were applicable to the payments that

21 were made to dairy producers under section 805 of Public

22 Law 106–78, except that a producer may be paid for pro23 duction up to 39,000 cwt: Provided further, That the Sec24 retary shall also make payments to new dairy producers

25 at the same per unit rate: Provided further, That for any
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1 dairy producers, including new dairy producers, whose

2 base production was less than twelve months for purposes

3 of section 805 of Public Law 106–78, the producer’s base

4 production for the purposes of payments under this sec5 tion may be, at the producer’s option, the production of

6 that producer in the twelve months preceding the enact7 ment of this section or the producer’s base production

8 under the program carried out under section 805 of Public

9 Law 106–78 subject to such limitations which are applica10 ble to other producers: Provided further, That the entire

11 amount necessary to carry out this section shall be avail12 able only to the extent that an official budget request for

13 the entire amount, that includes designation of the entire

14 amount of the request as an emergency requirement as

15 defined in the Balanced Budget and Emergency Deficit

16 Control Act of 1985, as amended, is transmitted by the

17 President to the Congress: Provided further, That the en18 tire amount is designated by the Congress as an emer19 gency requirement pursuant to section 251(b)(2)(A) of

20 such Act.

21 SEC. 806. The Secretary shall use the funds, facilities

22 and authorities of the Commodity Credit Corporation in

23 an amount equal to $490,000,000 to make and administer

24 payments for livestock losses using the criteria established

25 to carry out the 1999 Livestock Assistance Program (ex-
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1 cept for application of the national percentage reduction

2 factor) to producers for 2000 losses in a county which has

3 received an emergency designation by the President or the

4 Secretary after January 1, 2000, and shall be available

5 until September 30, 2001: Provided, That the Secretary

6 shall give consideration to the effect of recurring droughts

7 in establishing the level of payments to producers under

8 this section: Provided further, That of the funds made

9 available by this section, up to $40,000,000 may be used

10 to carry out the Pasture Recovery Program: Provided fur11 ther, That the payments to a producer made available

12 through the Pasture Recovery Program shall be no less

13 than 65 percent of the average cost of reseeding: Provided

14 further, That of the funds made available, the Secretary

15 shall use not more than $12,000,000 to carry out the

16 American Indian Livestock Feed Program: Provided fur17 ther, That the entire amount necessary to carry out this

18 section shall be available only to the extent that an official

19 budget request for $490,000,000, that includes designa20 tion of the entire amount of the request as an emergency

21 requirement as defined in the Balanced Budget and Emer22 gency Deficit Control Act of 1985, as amended, is trans23 mitted by the President to the Congress: Provided further,

24 That the entire amount is designated by the Congress as
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1 an emergency requirement pursuant to section

2 251(b)(2)(A) of such Act.

3 SEC. 807. In using amounts made available under

4 section 801(a) of the Agriculture, Rural Development,

5 Food and Drug Administration, and Related Agencies Ap6 propriations Act, 2000 (7 U.S.C. 1421 note; Public Law

7 106–78), or under the matter under the heading ‘‘CROP

8 LOSS ASSISTANCE’’ under the heading ‘‘COMMODITY

9 CREDIT CORPORATION FUND’’ of H.R. 3425 of the 106th

10 Congress, as enacted by section 1001(a)(5) of Public Law

11 106–113 (113 Stat. 1536, 1501A–289), to provide emer12 gency financial assistance to producers on a farm that

13 have incurred losses in a 1999 crop due to a disaster, the

14 Secretary of Agriculture shall consider nursery stock

15 losses caused by Hurricane Irene on October 16 and 17,

16 1999, to be losses to the 1999 crop of nursery stock: Pro17 vided, That such sums shall also be available to provide

18 additional compensation to eligible agriculture producers

19 of 1999 crop year citrus fruit for losses incurred due to

20 the December 1998 freeze in California: Provided further,

21 That such additional compensation, together with com22 pensation previously provided by the Secretary of Agri23 culture for such losses does not exceed the level of com24 pensation such producers would have received if such

25 losses had occurred during the 1998 crop year: Provided
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•HR 5426 IH

1 further, That the entire amount necessary to carry out this

2 section shall be available only to the extent that an official

3 budget request for the entire amount, that includes des4 ignation of the entire amount of the request as an emer5 gency requirement under the Balanced Budget and Emer6 gency Deficit Control Act of 1985, as amended, is trans7 mitted by the President to the Congress: Provided further,

8 That the entire amount necessary to carry out this section

9 is designated by the Congress as an emergency require10 ment pursuant to section 251(b)(2)(A) of such Act.

11 SEC. 808. Notwithstanding section 1237(b)(1) of the

12 Food Security Act of 1985 (16 U.S.C. 3837(b)(1)), the

13 Secretary of Agriculture may permit the enrollment of not

14 to exceed 1,075,000 acres in the Wetlands Reserve Pro15 gram: Provided, That notwithstanding section 11 of the

16 Commodity Credit Corporation Charter Act (15 U.S.C.

17 714i), such sums as may be necessary, to remain available

18 until expended, shall be provided through the Commodity

19 Credit Corporation for technical assistance activities per20 formed by any agency of the Department of Agriculture

21 in carrying out this section: Provided further, That the en22 tire amount necessary to carry out this section shall be

23 available only to the extent that an official budget request

24 for the entire amount, that includes designation of the en25 tire amount of the request as an emergency requirement
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1 as defined in the Balanced Budget and Emergency Deficit

2 Control Act of 1985, as amended, is transmitted by the

3 President to the Congress: Provided further, That the en4 tire amount is designated by the Congress as an emer5 gency requirement pursuant to section 251(b)(2)(A) of

6 such Act.

7 SEC. 809. In addition to other compensation paid by

8 the Secretary of Agriculture, the Secretary shall com9 pensate, for economic losses not otherwise compensated,

10 or otherwise seek to make whole, from funds of the Com11 modity Credit Corporation, not to exceed $2,400,000, the

12 owners of all sheep destroyed from flocks within the period

13 ending 20 days after the date of enactment of this Act

14 under the Secretary’s declarations of July 14, 2000, for

15 lost income, or other business interruption losses, due to

16 actions of the Secretary with respect to such sheep: Pro17 vided, That the entire amount necessary to carry out this

18 section shall be available only to the extent that an official

19 budget request for the entire amount, that includes des20 ignation of the entire amount of the request as an emer21 gency requirement as defined in the Balanced Budget and

22 Emergency Deficit Control Act of 1985, as amended, is

23 transmitted by the President to the Congress: Provided,

24 That the entire amount is designated by the Congress as
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1 an emergency requirement pursuant to section

2 251(b)(2)(A) of such Act.

3 SEC. 810. (a) The Secretary of Agriculture shall pay

4 Florida commercial citrus and lime growers $26 for each

5 commercial citrus or lime tree removed to control citrus

6 canker in order to allow for tree replacement and associ7 ated business costs. Payments under this subsection shall

8 be capped in accordance with the following trees per acre

9 limitations:

10 (1) in the case of grapefruit, 104 trees per acre;

11 (2) in the case of valencias, 123 trees per acre;

12 (3) in the case of navels, 118 trees per acre;

13 (4) in the case of tangelos, 114 trees per acre;

14 (5) in the case of limes, 154 trees per acre; and

15 (6) in the case of other or mixed citrus, 104

16 trees per acre.

17 (b) The Secretary of Agriculture shall compensate

18 Florida commercial citrus and lime growers for lost pro19 duction, as determined by the Secretary of Agriculture,

20 with respect to trees removed to control citrus canker.

21 (c) To receive assistance under this section, a tree

22 referred to in subsection (a) or (b) must have been re23 moved after January 1, 1986, and before September 30,

24 2001.
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1 (d) In the case of a removed tree that was covered

2 by a crop insurance tree policy, compensation for lost pro3 duction under subsection (b) with respect to such a tree

4 shall be reduced by the indemnity received with respect

5 to such a tree. In the case of a removed tree that was

6 not covered by a crop insurance tree policy, although such

7 insurance was available for the tree, compensation for lost

8 production under subsection (b) with respect to such a

9 tree shall be reduced by 5 percent.

10 (e) The Secretary of Agriculture shall use

11 $58,000,000 of the funds of the Commodity Credit Cor12 poration to carry out this section, to remain available until

13 expended.

14 (f) The entire amount necessary to carry out this sec15 tion shall be available only to the extent that an official

16 budget request for the entire amount, that includes des17 ignation of the entire amount of the request as an emer18 gency requirement under the Balanced Budget and Emer19 gency Deficit Control Act of 1985, as amended, is trans20 mitted by the President to the Congress: Provided, That

21 the entire amount is designated by the Congress as an

22 emergency requirement pursuant to section 251(b)(2)(A)

23 of such Act.

24 SEC. 811. Notwithstanding any other provision of

25 law, the Secretary of Agriculture shall use $100,000,000
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1 of Commodity Credit Corporation funds, to remain avail2 able until expended, to make payments to apple producers

3 to provide relief for the loss of markets: Provided, That

4 the amount of payment to each producer shall be made

5 on a per pound basis equal to each qualifying producer’s

6 1998 and 1999 production of apples: Provided further,

7 That the grower shall establish eligibility for the amount

8 of market loss payment upon either of the two crop years

9 or an average of the two years: Provided further, That the

10 Secretary shall not make payments for that amount of a

11 particular farm’s apple production that is in excess of 1.6

12 million pounds: Provided further, That in addition to the

13 assistance provided under this section, the Secretary of

14 Agriculture shall use $38,000,000 of Commodity Credit

15 Corporation funds, to remain available until expended, to

16 make payments to apple and potato producers to com17 pensate them for quality losses to either or both their

18 1999 and 2000 crops due to fireblight or weather-related

19 disaster, including but not limited to a hurricane or hail:

20 Provided further, That these payments shall be made re21 gardless of whether a crop was harvested and without

22 limit: Provided further, That the producer shall be ineli23 gible for payments under this section with respect to a

24 market loss for apples or a quality loss for apples or pota25 toes to the extent of that amount that the producer re-
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1 ceived as compensation or assistance for the loss under

2 any other Federal program, other than the Federal Crop

3 Insurance Program established under the Federal Crop

4 Insurance Act (7 U.S.C. 1501 et seq.): Provided further,

5 That the Secretary shall not establish any terms or condi6 tions for grower eligibility, such as limits based upon gross

7 income, other than those in this section: Provided further,

8 That the assistance made available under this section for

9 an eligible producer shall be made as soon as practicable

10 after the enactment of this Act: Provided further, That the

11 entire amount necessary to carry out this section shall be

12 available only to the extent that an official budget request

13 for the entire amount, that includes designation of the en14 tire amount of the request as an emergency requirement

15 as defined in the Balanced Budget and Emergency Deficit

16 Control Act of 1985, as amended, is transmitted by the

17 President to the Congress: Provided further, That the en18 tire amount is designated by the Congress as an emer19 gency requirement pursuant to section 251(b)(2)(A) of

20 such Act.

21 SEC. 812. (a) NONRECOURSE MARKETING ASSIST22 ANCE LOANS.—

23 (1) The Secretary shall use funds of the Com24 modity Credit Corporation to make nonrecourse
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1 marketing assistance loans available to producers of

2 the 2000 crop of honey.

3 (2) The loan rate for a marketing assistance

4 loan under paragraph (1) for honey shall be 65

5 cents per pound.

6 (3) The Secretary shall permit producers to

7 repay a marketing assistance nonrecourse loan

8 under paragraph (1) at a rate that is the lesser of—

9 (A) the loan rate for honey, plus interest

10 (as determined by the Secretary); or

11 (B) the prevailing domestic market price

12 for honey, as determined by the Secretary.

13 (b) LOAN DEFICIENCY PAYMENTS.—

14 (1) The Secretary may make loan deficiency

15 payments available to any producer of honey that,

16 although eligible to obtain a marketing assistance

17 loan under subsection (a), agrees to forgo obtaining

18 the loan in return for a payment under this sub19 section.

20 (2) A loan deficiency payment under this sub21 section shall be determined by multiplying—

22 (A) the loan payment rate determined

23 under paragraph (3); by

24 (B) the quantity of honey that the pro25 ducer is eligible to place under loan, but for
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1 which the producer forgoes obtaining the loan

2 in return for a payment under this subsection.

3 (3) For the purposes of this subsection, the

4 loan payment rate shall be the amount by which—

5 (A) the loan rate established under sub6 section (a)(2); exceeds

7 (B) the rate at which a loan may be repaid

8 under subsection (a)(3).

9 (c) In order to provide an orderly transition to the

10 loans and payments provided under this section, the Sec11 retary shall convert recourse loans for the 2000 crop of

12 honey outstanding on the date of enactment of this Act

13 to nonrecourse marketing assistance loans under sub14 section (a).

15 (d) LIMITATIONS.—

16 (1) The marketing assistance loan gains and

17 loan deficiency payments that a person may receive

18 for the 2000 crop of honey under this section shall

19 be subject to the same limitations that apply to mar20 keting assistance loans and loan deficiency payments

21 received by producers of the same crop of other agri22 cultural commodities.

23 (2) The Secretary shall carry out this section in

24 such a manner as to minimize forfeitures of honey

25 marketing assistance loans.
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1 (e) The Secretary shall make loans and loan defi2 ciency payments under this section available to producers

3 beginning not later than 30 days after the date of enact4 ment of this Act.

5 (f) In the case of a producer that marketed or re6 deemed, before, on, or within 30 days after the date of

7 the enactment of this Act, a quantity of an eligible 2000

8 crop for which the producer has not received a loan defi9 ciency payment or marketing loan gain under this section,

10 the producer shall be eligible to receive a payment from

11 the Secretary of Agriculture under this section in an

12 amount equal to the payment or gain that the producer

13 would have received for that quantity of eligible production

14 as of the date on which the producer lost beneficial inter15 est in the quantity or redeemed the quantity, as deter16 mined by the Secretary.

17 (g) The entire amount necessary to carry out this sec18 tion shall be available only to the extent that an official

19 budget request for the entire amount, that includes des20 ignation of the entire amount of the request as an emer21 gency requirement as defined in the Balanced Budget and

22 Emergency Deficit Control Act of 1985, as amended, is

23 transmitted by the President to the Congress: Provided,

24 That the entire amount is designated by the Congress as
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1 an emergency requirement pursuant to section

2 251(b)(2)(A) of such Act.

3 SEC. 813. The Secretary shall use up to $10,000,000

4 of the funds of the Commodity Credit Corporation to make

5 livestock indemnity payment to producers on a farm that

6 have incurred livestock losses during calendar year 2000

7 due to a disaster, as determined by the Secretary, includ8 ing losses due to fires and anthrax: Provided, That the

9 entire amount shall be available only to the extent that

10 an official budget request for the entire amount, that in11 cludes designation of the entire amount of the request as

12 an emergency requirement as defined in the Balanced

13 Budget and Emergency Deficit Control Act of 1985, as

14 amended, is transmitted by the President to the Congress:

15 Provided further, That the entire amount is designated by

16 the Congress as an emergency requirement pursuant to

17 section 251(b)(2)(A) of such Act.

18 SEC. 814. The Secretary shall use the funds, facilities

19 and authorities of the Commodity Credit Corporation, not

20 to exceed $20,000,000, to make payments directly to pro21 ducers of wool, and producers of mohair, for the 2000

22 marketing year: Provided, That the payment rate for pro23 ducers of wool and mohair shall be equal to $0.40 per

24 pound: Provided further, That the entire amount necessary

25 to carry out this section shall be available only to the ex-
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1 tent that an official budget request for the entire amount,

2 that includes designation of the entire amount of the re3 quest as an emergency requirement as defined in the Bal4 anced Budget and Emergency Deficit Control Act of 1985,

5 as amended, is transmitted by the President to the Con6 gress: Provided further, That the entire amount is des7 ignated by the the Congress as an emergency requirement

8 pursuant to section 251(b)(2)(A) of such Act.

9 SEC. 815. (a) IN GENERAL.—The Secretary of Agri10 culture (referred to in this section as the ‘‘Secretary’’)

11 shall use such sums as are necessary of funds of the Com12 modity Credit Corporation to make emergency financial

13 assistance authorized under this section available to pro14 ducers on a farm that have incurred qualifying losses de15 scribed in subsection (c).

16 (b) ADMINISTRATION.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary shall make assistance avail19 able under this section in the same manner as pro20 vided under section 1102 of the Agriculture, Rural

21 Development, Food and Drug Administration, and

22 Related Agencies Appropriations Act, 1999 (7

23 U.S.C. 1421 note; Public Law 105–277), including

24 using the same loss thresholds for quantity and eco-
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1 nomic losses as were used in administering that sec2 tion.

3 (2) LOSS THRESHOLDS FOR QUALITY

4 LOSSES.—In the case of a payment for quality loss

5 for a crop under subsection (c)(2), the loss thresh6 olds for quality loss for the crop shall be determined

7 under subsection (d).

8 (c) QUALIFYING LOSSES.—Assistance under this sec9 tion may be made available for losses due to damaging

10 weather or related condition (including losses due to crop

11 diseases and insects) associated with crops that are, as

12 determined by the Secretary—

13 (1) quantity losses for the 2000 crop;

14 (2) quality losses for the 2000 crop; or

15 (3) severe economic losses for the 2000 crop.

16 (d) QUALITY LOSSES.—

17 (1) AMOUNT OF QUALITY LOSS.—The amount

18 of a quality loss for a crop of producers on a farm

19 under subsection (c)(2) shall be equal to the dif20 ference between—

21 (A) the per unit market value of the units

22 of the crop affected by the quality loss would

23 have had if the crop had not suffered a quality

24 loss; and
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1 (B) the per unit market value of the units

2 of the crop affected by the quality loss.

3 (2) AMOUNT OF QUALITY LOSS PAYMENT.—

4 Subject to paragraph (3), the amount of a payment

5 made to producers on a farm for a quality loss for

6 a crop under subsection (c)(2) shall be equal to the

7 amount obtained by multiplying—

8 (A) 65 percent of the quantity of the crop

9 affected by the quality loss that was produced

10 on the farm; by

11 (B) 65 percent of the per unit quality loss

12 for the crop determined under paragraph (1).

13 (3) ELIGIBILITY.—For producers on a farm to

14 be eligible to obtain a payment for a quality loss for

15 a crop under subsection (c)(2), the amount obtained

16 by multiplying the per unit loss determined under

17 paragraph (1) by the number of units affected by

18 the quality loss shall be at least 20 percent of the

19 value that all production of the crop would have had

20 if the crop had not suffered a quality loss.

21 (e) CROPS COVERED.—Assistance under this section

22 shall be applicable to losses for all crops, as determined

23 by the Secretary, due to disasters, including—

24 (1) irrigated crops that, due to lack of water or

25 contamination by saltwater intrusion of an irrigation
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1 supply resulting from drought conditions, were

2 planted and suffered a loss or were prevented from

3 being planted;

4 (2) pecans; and

5 (3) nursery losses in the State of Florida that

6 occur, because of disaster, during the period begin7 ning on October 1, 2000, and ending on December

8 31, 2000. Calculations of the amount of such losses

9 shall be made independently of other losses of the

10 producer, and such losses shall be subject to a sepa11 rate limit on payment amounts as may otherwise

12 apply. Any payment under this section for such

13 losses shall for all purposes, present and future, be

14 considered to be a 2000 crop payment, and such

15 compensated losses shall be ineligible for any assist16 ance that may become available for 2001 crop losses.

17 (f) CROP INSURANCE.—In carrying out this section,

18 the Secretary shall not discriminate against or penalize

19 producers on a farm that have purchased crop insurance

20 under the Federal Crop Insurance Act (7 U.S.C. 1501 et

21 seq.).

22 (g) LIMITATION ON PAYMENTS FOR MULTIPLE

23 LOSSES ON SAME ACREAGE.—Notwithstanding subsection

24 (d), a producer may not receive assistance under this sec25 tion for losses to more than one 2000 crop on the same
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1 acreage unless there is an established practice of planting

2 two or more crops for harvest on such acreage in the same

3 crop year, as determined by the Secretary. The Secretary

4 shall give a producer that is not covered by the exception

5 in the previous sentence an opportunity to designate the

6 2000 crop for which the producer requests assistance

7 under this section.

8 (h) The entire amount necessary to carry out this sec9 tion shall be available only to the extent that an official

10 budget request for the entire amount, that includes des11 ignation of the entire amount of the request as an emer12 gency requirement as defined in the Balanced Budget and

13 Emergency Deficit Control Act of 1985, as amended, is

14 transmitted by the President to the Congress: Provided,

15 That the entire amount is designated by the Congress as

16 an emergency requirement pursuant to section

17 251(b)(2)(A) of such Act.

18 SEC. 816. Of the amounts made available to the Sec19 retary for the purchase of specialty crops under sections

20 203(d) and 261(a)(2) of the Agricultural Risk Protection

21 Act of 2000 (7 U.S.C. 1421 note; Public Law 106–224),

22 the Secretary shall use not less than $30,000,000 to pur23 chase cranberry juice concentrate and frozen cranberry

24 fruit: Provided, That section 203(d)(1) of the Agricultural

25 Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public
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1 Law 106–224) is amended by inserting ‘‘or cranberry

2 products (including cranberry juice concentrate and frozen

3 cranberry fruit)’’ after ‘‘cranberries’’: Provided further,

4 That in this section, the term ‘‘farm unit’’ means a sepa5 rate and distinct farming operation that reports inde6 pendent production information to the Cranberry Mar7 keting Committee: Provided further, That to provide as8 sistance for loss of markets for cranberries, the Secretary

9 shall use $20,000,000 of funds of the Commodity Credit

10 Corporation to make payments to cranberry producers:

11 Provided further, That subject to this section and such

12 other terms and conditions as are determined by the Sec13 retary, a payment under this section shall be made on the

14 basis of the quantity of the 1999 crop of cranberries that

15 was produced on each farm unit: Provided further, That

16 the maximum quantity of the 1999 crop of cranberries for

17 which producers are eligible for a payment for a farm unit

18 under this section shall be 1,600,000 pounds: Provided

19 further, That subject to this section, the Secretary shall

20 take such actions as are necessary to ensure that pay21 ments made under this section do not duplicate payments

22 provided under other Federal programs for the same loss:

23 Provided further, That this shall not apply to an indemnity

24 provided under a policy or plan of insurance offered under

25 the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.):
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1 Provided further, That the entire amount necessary to

2 carry out this section shall be available only to the extent

3 that an official budget request for the entire amount, that

4 includes designation of the entire amount of the request

5 as an emergency requirement as defined in the Balanced

6 Budget and Emergency Deficit Control Act of 1985, as

7 amended, is transmitted by the President to the Congress:

8 Provided further, That the entire amount is designated by

9 the Congress as an emergency requirement pursuant to

10 section 251(b)(2)(A) of such Act.

11 SEC. 817. Section 1232(a)(4) of the Food Security

12 Act of 1985 (16 U.S.C. 3832(a)(4)) is amended—

13 (1) by striking ‘‘except that such’’ and inserting

14 ‘‘except that—

15 ‘‘(A) such’’;

16 (2) by inserting ‘‘and’’ after the semicolon at

17 the end; and

18 (3) by adding at the end the following:

19 ‘‘(B) the Secretary shall not terminate the

20 contract for failure to establish approved vege21 tative or water cover on the land if—

22 ‘‘(i) the failure to plant such cover

23 was due to excessive rainfall or flooding;
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1 ‘‘(ii) the land subject to the contract

2 that could practicably be planted to such

3 cover is planted to such cover; and

4 ‘‘(iii) the land on which the owner or

5 operator was unable to plant such cover is

6 planted to such cover after the wet condi7 tions that prevented the planting sub8 sides;’’.

9 SEC. 818. (a) Section 353(e) of the Consolidated

10 Farm and Rural Development Act (7 U.S.C. 2001(e)) is

11 amended by adding at the end the following:

12 ‘‘(7) FINANCING OF RECAPTURE PAYMENT.—

13 ‘‘(A) IN GENERAL.—The Secretary may

14 amortize a recapture payment owed to the Sec15 retary under this subsection.

16 ‘‘(B) TERM.—The term of an amortization

17 under this paragraph may not exceed 25 years.

18 ‘‘(C) INTEREST RATE.—

19 ‘‘(i) IN GENERAL.—The interest rate

20 applicable to an amortization under this

21 paragraph may not exceed the rate appli22 cable to a loan to reacquire homestead

23 property less 100 basis points.

24 ‘‘(ii) EXISTING AMORTIZATIONS AND

25 LOANS.—The interest rate applicable to an
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1 amortization or loan made by the Sec2 retary before the date of enactment of this

3 paragraph to finance a recapture payment

4 owed to the Secretary under this sub5 section may not exceed the rate applicable

6 to a loan to reacquire homestead property

7 less 100 basis points.’’.

8 (b) The entire amount necessary to carry out this sec9 tion shall be available only to the extent that an official

10 budget request for the entire amount, that includes des11 ignation of the entire amount of the request as an emer12 gency requirement as defined in the Balanced Budget and

13 Emergency Deficit Control Act of 1985, as amended, is

14 transmitted by the President to the Congress: Provided,

15 That the entire amount is designated by the Congress as

16 an emergency requirement pursuant to section

17 251(b)(2)(A) of such Act.

18 SEC. 819. The Secretary of Agriculture shall use up

19 to $2,500,000 of the funds of the Commodity Credit Cor20 poration to provide financial assistance to the State of

21 South Carolina to capitalize the South Carolina Grain

22 Dealers Guaranty Fund: Provided, That these funds shall

23 only be available if the State of South Carolina provides

24 an equal amount in the form of a grant to the South Caro25 lina Grain Dealers Guaranty Fund: Provided further, That
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1 the entire amount necessary to carry out this section shall

2 be available only to the extent that an official budget re3 quest for the entire amount, that includes designation of

4 the entire amount of the request as an emergency require5 ment as defined in the Balanced Budget and Emergency

6 Deficit Control Act of 1985, as amended, is transmitted

7 by the President to the Congress: Provided further, That

8 the entire amount is designated by the Congress as an

9 emergency requirement pursuant to section 251(b)(2)(A)

10 of such Act.

11 SEC. 820. (a) The Secretary of Agriculture may use

12 funds made available under sections 211(a) and 211(b),

13 and 133(b) of the Agricultural Risk Protection Act of

14 2000 to provide technical assistance to farmers and ranch15 ers for the purposes described in sections 211(a) and

16 211(b), and 133(b) of that Act; and

17 (b) The Secretary of Agriculture may use funds made

18 available under section 211(b) of the Agricultural Risk

19 Protection Act of 2000 (16 U.S.C. 3830 note; Public Law

20 106–224) to provide additional funding for the Wildlife

21 Habitat Incentive Program established under section 387

22 of the Federal Agriculture Improvement and Reform Act

23 of 1996 in such sums as the Secretary considers necessary

24 to carry out that program.
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1 (c) The entire amount necessary to carry out this sec2 tion shall be available only to the extent that an official

3 budget request for the entire amount, that includes des4 ignation of the entire amount of the request as an emer5 gency requirement as defined in the Balanced Budget and

6 Emergency Deficit Control Act of 1985, as amended, is

7 transmitted by the President to the Congress: Provided,

8 That the entire amount is designated by the Congress as

9 an emergency requirement pursuant to section

10 251(b)(2)(A) of such Act.

11 SEC. 821. Section 19(a)(1)(A) of the Food Stamp

12 Act of 1977 (7 U.S.C. 2028(a)(1)(A)) is amended by

13 striking ‘‘Puerto Rico’’ and all that follows through

14 ‘‘2002, to finance’’ and inserting ‘‘Puerto Rico—

15 ‘‘(i) for fiscal year 2000, $1,268,000,000;

16 ‘‘(ii) for fiscal year 2001, the amount required

17 to be paid under clause (i) for fiscal year 2000, as

18 adjusted by the change in the Food at Home series

19 of the Consumer Price Index for All Urban Con20 sumers, published by the Bureau of Labor Statistics

21 of the Department of Labor, for the most recent 12-

22 month period ending in June; and

23 ‘‘(iii) for fiscal year 2002, the amount required

24 to be paid under clause (ii) for fiscal year 2001, as

25 adjusted by the percentage by which the thrifty food
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1 plan is adjusted for fiscal year 2002 under section

2 3(o)(4);

3 to finance’’.

4 SEC. 822. Notwithstanding any other provision of

5 law, the Secretary of Agriculture shall make a payment

6 in the amount $7,200,000 to the State of Hawaii from

7 the Commodity Credit Corporation for assistance to an ag8 ricultural transportation cooperative in Hawaii, the mem9 bers of which are eligible to participate in the Farm Serv10 ice Agency administered Commodity Loan Program and

11 have suffered extraordinary market losses due to unprece12 dented low prices: Provided, That the entire amount shall

13 be available only to the extent an official budget request

14 for $7,200,000, that includes designation of the entire

15 amount of the request as an emergency requirement as

16 defined in the Balanced Budget and Emergency Deficit

17 Control Act of 1985, as amended, is transmitted by the

18 President to the Congress: Provided further, That the en19 tire amount is designated by the Congress as an emer20 gency requirement pursuant to section 251(b)(2)(A) of

21 such Act.

22 SEC. 823. Notwithstanding any other provision of

23 law, the Natural Resources Conservation Service shall pro24 vide financial and technical assistance to the Long Park
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1 Dam in Utah from funds available for the Emergency Wa2 tershed Program, not to exceed $4,500,000.

3 SEC. 824. Notwithstanding any other provision of

4 law, the Natural Resources Conservation Service shall pro5 vide financial and technical assistance to the Kuhn Bayou

6 (Point Remove) Project in Arkansas from funds available

7 for the Emergency Watershed Program, not to exceed

8 $3,300,000.

9 SEC. 825. Notwithstanding any other provision of

10 law, the Natural Resources Conservation Service shall pro11 vide financial and technical assistance to the Snake River

12 Watershed project in Minnesota from funds available for

13 the Emergency Watershed Program, not to exceed

14 $4,000,000.

15 SEC. 826. Of the funds made available for the Emer16 gency Watershed Protection Program activities in the

17 State of North Carolina, $1,000,000 shall be available to

18 the Secretary of Agriculture, acting through the Natural

19 Resources Conservation Service, to provide technical and

20 financial assistance for implementation of the project

21 known as the ‘‘Flood Water Mitigation and Stream Res22 toration Project’’, Princeville, North Carolina.

23 SEC. 827. Notwithstanding any other provision of

24 law, funds paid to oyster producers in the State of Con25 necticut under section 1102 of the Agriculture, Rural De-
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1 velopment, Food and Drug Administration, and Related

2 Agencies Appropriations Act, 1999, as contained in the

3 Omnibus Consolidated and Emergency Supplemental Ap4 propriations Act, 1999 (Public Law 105–277) shall be re5 tained by such producers.

6 SEC. 828. Notwithstanding any other provision of

7 law, the Natural Resources Conservation Service shall pro8 vide financial and technical assistance to DuPage County,

9 Illinois, from funds available for the Emergency Water10 shed Program, not to exceed $1,100,000.

11 SEC. 829. Subtitle G, Section 262 of Public Law

12 106–224 is amended as follows: After ‘‘obligate’’, strike

13 ‘‘and expend’’.

14 SEC. 830. Any funds appropriated by Cerro Grande

15 Fire Supplemental as contained in Public Law 106–246

16 for the Emergency Conservation Program not required to

17 meet the purposes of rehabilitating farmland damaged

18 from fires which resulted from prescribed burnings con19 ducted by the Federal Government may be used by the

20 Secretary of Agriculture for activities mandated under the

21 Emergency Conservation Program authorized under sec22 tion 401 of the Agricultural Credit Act of 1978 (16 U.S.C.

23 2201) consistent with the cost-share requirements of that

24 program: Provided, That the entire amount shall be avail25 able only to the extent that an official budget request for
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1 the entire amount, that includes designation of the entire

2 amount of the request as an emergency requirement as

3 defined in the Balanced Budget and Emergency Deficit

4 Control Act of 1985, as amended, is transmitted by the

5 President to the Congress: Provided further, That the en6 tire amount is designated by the Congress as an emer7 gency requirement pursuant to section 251(b)(2)(A) of

8 such Act.

9 SEC. 831. Notwithstanding any other provision of

10 law, for technical and financial assistance up to $120,000

11 shall be made available from the Emergency Watershed

12 Program for the Camp Lejeune Project on the Camp

13 Lejeune Marine Base, North Carolina.

14 SEC. 832. Funds appropriated by this Act and Public

15 Law 106–113 to the Agricultural Credit Insurance Pro16 gram Account for farm ownership and operating direct

17 loans and guaranteed loans and emergency loans may be

18 transferred among these programs with the prior approval

19 of the Committees on Appropriations of both Houses of

20 Congress: Provided, That the entire amount shall be avail21 able only to the extent that an official budget request for

22 the entire amount, that includes designation of the entire

23 amount of the request as an emergency requirement as

24 defined in the Balanced Budget and Emergency Deficit

25 Control Act of 1985, as amended, is transmitted by the
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1 President to the Congress: Provided further, That the en2 tire amount is designated by the Congress as an emer3 gency requirement pursuant to section 251(b)(2)(A) of

4 such Act.

5 SEC. 833. Section 321(b) of the Consolidated Farm

6 and Rural Development Act (7 U.S.C. 1961(b)) is amend7 ed by adding at the end the following:

8 ‘‘(3) LOANS TO POULTRY FARMERS.—

9 ‘‘(A) INABILITY TO OBTAIN INSURANCE.—

10 ‘‘(i) IN GENERAL.—Notwithstanding

11 any other provision of this subtitle, the

12 Secretary may make a loan to a poultry

13 farmer under this subtitle to cover the loss

14 of a chicken house for which the farmer

15 did not have hazard insurance at the time

16 of the loss, if the farmer—

17 ‘‘(I) applied for, but was unable,

18 to obtain hazard insurance for the

19 chicken house;

20 ‘‘(II) uses the loan to rebuild the

21 chicken house in accordance with in22 dustry standards in effect on the date

23 the farmer submits an application for

24 the loan (referred to in this paragraph

25 as ‘current industry standards’);
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1 ‘‘(III) obtains, for the term of

2 the loan, hazard insurance for the full

3 market value of the chicken house;

4 and

5 ‘‘(IV) meets the other require6 ments for the loan under this subtitle.

7 ‘‘(ii) AMOUNT.—Subject to the limita8 tion contained in section 324(a)(2), the

9 amount of a loan made to a poultry farmer

10 under clause (i) shall be an amount that

11 will allow the farmer to rebuild the chicken

12 house in accordance with current industry

13 standards.

14 ‘‘(B) LOANS TO COMPLY WITH CURRENT

15 INDUSTRY STANDARDS.—

16 ‘‘(i) IN GENERAL.—Notwithstanding

17 any other provision of this subtitle, the

18 Secretary may make a loan to a poultry

19 farmer under this subtitle to cover the loss

20 of a chicken house for which the farmer

21 had hazard insurance at the time of the

22 loss, if—

23 ‘‘(I) the amount of the hazard in24 surance is less than the cost of re-
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1 building the chicken house in accord2 ance with current industry standards;

3 ‘‘(II) the farmer uses the loan to

4 rebuild the chicken house in accord5 ance with current industry standards;

6 ‘‘(III) the farmer obtains, for the

7 term of the loan, hazard insurance for

8 the full market value of the chicken

9 house; and

10 ‘‘(IV) the farmer meets the other

11 requirements for the loan under this

12 subtitle.

13 ‘‘(ii) AMOUNT.—Subject to the limita14 tion contained in section 324(a)(2), the

15 amount of a loan made to a poultry farmer

16 under clause (i) shall be the difference

17 between—

18 ‘‘(I) the amount of the hazard in19 surance obtained by the farmer; and

20 ‘‘(II) the cost of rebuilding the

21 chicken house in accordance with cur22 rent industry standards.’’.

23 SEC. 834. For an additional amount for grants under

24 sections 231(a) and 261(a)(2) of the Agricultural Risk

25 Protection Act of 2000, $10,000,000: Provided, That the
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1 entire amount shall be available only to the extent an offi2 cial budget request for $10,000,000, that includes des3 ignation of the entire amount of the request as an emer4 gency requirement as defined in the Balanced Budget and

5 Emergency Deficit Control Act of 1985, as amended, is

6 transmitted by the President to the Congress: Provided

7 further, That the entire amount is designated by the Con8 gress as an emergency requirement pursuant to section

9 251(b)(2)(A) of such Act.

10 SEC. 835. For an additional amount for the cost (as

11 defined in section 502 of the Congressional Budget Act

12 of 1974) of guaranteed loans under section 310B(a)(1)

13 of the Consolidated Farm and Rural Development Act,

14 $10,000,000: Provided, That the entire amount shall be

15 available only to the extent an official budget request for

16 $10,000,000, that includes designation of the entire

17 amount of the request as an emergency requirement as

18 defined in the Balanced Budget and Emergency Deficit

19 Control Act of 1985, as amended, is transmitted by the

20 President to the Congress: Provided further, That the en21 tire amount is designated by the Congress as an emer22 gency requirement pursuant to section 251(b)(2)(A) of

23 such Act.
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1 SEC. 836. Section 156(e) of the Federal Agriculture

2 Improvement and Reform Act of 1996 (7 U.S.C. 7272(e))

3 is amended—

4 (1) in paragraph (1)—

5 (A) by striking ‘‘recourse’’ each place that

6 it appears and inserting ‘‘nonrecourse’’; and

7 (B) by striking ‘‘Subject to paragraph (2),

8 the’’ and inserting ‘‘The’’;

9 (2) by striking paragraph (2);

10 (3) by re-designating paragraph (3) as

11 paragraph (2); and

12 (4) in paragraph (2) as so re-designated,

13 by striking ‘‘If’’ through ‘‘shall’’ in the first

14 sentence and inserting ‘‘The Secretary shall’’.

15 SEC. 837. Notwithstanding section 1001(2) of the

16 Food Security Act of 1985 (7 U.S.C. 1308 (1)), the total

17 amount of the payments specified in section 1001(3) of

18 that Act or section 812 of this Act that a person shall

19 be entitled to receive under the Agricultural Market Tran20 sition Act (7 U.S.C. 7201 et seq.) for one or more contract

21 commodities, oilseeds and for honey under section 812 of

22 this Act produced during the 2000 crop year may not ex23 ceed $150,000: Provided, That in carrying out this sec24 tion, the Secretary shall allow a producer that has mar25 keted or redeemed a quantity of an eligible 2000 crop for
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1 which the producer has not received a loan deficiency pay2 ment or marketing loan gain under section 134 or 135

3 of the Agricultural Market Transition Act (7 U.S.C. 7234,

4 7235) or section 812 of this Act to receive such payment

5 or gain as of the date on which the quantity was marketed

6 or redeemed, as determined by the Secretary.

7 SEC. 838. Notwithstanding any other provision of

8 law, the Secretary shall extend until the date that is 60

9 days after the date of enactment of this Act the final eligi10 bility date for marketing assistance loans and loan defi11 ciency payments under subtitle C of the Agricultural Mar12 ket Transition Act (7 U.S.C. 7231 et seq.) for rice of spe13 cial grade designations, as determined by the Secretary,

14 that was made eligible for the loans by the Secretary dur15 ing December 1999; and for which producers were not no16 tified of the eligibility period for the loans: Provided, That

17 producers on a farm that lost a beneficial interest in rice

18 after the date on which the rice was made ineligible for

19 loans and loan deficiency payments by the Secretary shall

20 be eligible to obtain loan deficiency payments based on the

21 payment rate that was in effect on the last date of eligi22 bility for the loans before the date of enactment of this

23 Act: Provided further, That the entire amount necessary

24 to carry out this section shall be available only to the ex25 tent that an official budget request for the entire amount,
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1 that includes designation of the entire amount of the re2 quest as an emergency requirement as defined in the Bal3 anced Budget and Emergency Deficit Control Act of 1985,

4 as amended, is transmitted by the President to the Con5 gress: Provided further, That the entire amount is des6 ignated by the Congress as an emergency requirement

7 pursuant to section 251(b)(2)(A) of such Act.

8 SEC. 839. Notwithstanding any other provision of

9 law, the Secretary of Agriculture may enter into contracts

10 with livestock producers for the purpose of controlling the

11 buildup of grasses, forbs and other natural fuels that con12 tribute to the threat of wildfire on rangelands adminis13 tered by the Secretary: Provided, That such contracts are

14 provided from within discretionary funds.

15 SEC. 840. As soon as practicable after the date of

16 enactment of this Act, the Secretary and the Commodity

17 Credit Corporation, as appropriate, shall issue such regu18 lations as are necessary to implement sections 804, 805,

19 806, 809, 810, 811, 812, 814, 815, 816, 836, 837, 838,

20 839, 841, 843, 844, and 845 of this title: Provided, That

21 the issuance of the regulations shall be made without re22 gard to: (1) the notice and comment provisions of section

23 553 of title 5, United States Code; (2) the Statement of

24 Policy of the Secretary of Agriculture effective July 24,

25 1971 (36 Fed. Reg. 13804), relating to notices of pro-
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1 posed rulemaking and public participation in rulemaking;

2 and (3) chapter 35 of title 44, United States Code (com3 monly known as the ‘‘Paperwork Reduction Act’’): Pro4 vided further, That in carrying out this section, the Sec5 retary shall use the authority provided under section 808

6 of title 5, United States Code.

7 SEC. 841. The Secretary of Agriculture shall use

8 funds of the Commodity Credit Corporation to make a

9 payment to each eligible person described in section

10 204(b)(1)(A) of the Agricultural Risk Protection Act of

11 2000 (7 U.S.C. 1421 note; Public Law 106–224) without

12 regard to section 204(b)(1)(A)(ii) of that Act: Provided,

13 That the Secretary shall make a payment to an eligible

14 person described in this section in the same amount as

15 is payable to an eligible person under section 204 of that

16 Act: Provided further, That the entire amount necessary

17 to carry out this section shall be available only to the ex18 tent an official budget request that includes designation

19 of the entire amount of the request as an emergency re20 quirement as defined in the Balanced Budget and Emer21 gency Deficit Control Act of 1985, as amended, is trans22 mitted by the President to the Congress: Provided further,

23 That the entire amount is designated by the Congress as

24 an emergency requirement pursuant to section

25 251(b)(2)(A) of such Act.
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1 SEC. 842. Payments made from amounts appro2 priated pursuant to this title shall not be subject to admin3 istrative offset, including administrative offset under

4 chapter 37 of title 31, United States Code.

5 SEC. 843. The Secretary of Agriculture shall use not

6 more than $20,000,000 of funds of the Commodity Credit

7 Corporation to make payments to producers of tomatoes,

8 pears, peaches, and apricots that were unable to market

9 the crops of the producers because of the insolvency of

10 an agriculture cooperative in the State of California: Pro11 vided, That the amount of a payment made to a producer

12 under this subsection shall not exceed 50 percent of the

13 contract value of the unmarketed crop referred to in this

14 section: Provided further, That the entire amount nec15 essary to carry out this section shall be available only to

16 the extent an official budget request that includes designa17 tion of the entire amount of the request as an emergency

18 requirement as defined in the Balanced Budget and Emer19 gency Deficit Control Act of 1985, as amended, is trans20 mitted by the President to the Congress: Provided further,

21 That the entire amount is designated by the Congress as

22 an emergency requirement pursuant to section

23 251(b)(2)(A) of such Act.
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1 SEC. 844. LOAN FORFEITURES OF BURLEY TOBACCO.

2 (a) IN GENERAL.—Notwithstanding sections 106

3 through 106B of the Agricultural Act of 1949 (7 U.S.C.

4 1445 through 1445–2)—

5 (1) a producer-owned cooperative marketing as6 sociation may fully settle a loan made for the 1999

7 crop of Burley tobacco by forfeiting to the Com8 modity Credit Corporation the Burley tobacco cov9 ered by the loan regardless of the condition of the

10 tobacco;

11 (2) any losses to the Commodity Credit Cor12 poration as a result of paragraph (1)—

13 (A) shall not be charged to the No Net

14 Cost Tobacco Account; and

15 (B) shall not affect the amount of any as16 sessment imposed against Burley or any other

17 kind of tobacco under sections 106 through

18 106B of the Agricultural Act of 1949 (7 U.S.C.

19 1445 through 1445-2); and

20 (3) any tobacco forfeited pursuant to this sec21 tion shall not be—

22 (A) counted for the purpose of determining

23 the Burley tobacco quota for any year pursuant

24 to section 319 of the Agricultural Adjustment

25 Act of 1938 (7 U.S.C. 1314e); or

26 (B) sold for use in the United States.
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1 (b) EMERGENCY REQUIREMENT.—

2 (1) The entire amount necessary to carry out

3 this section shall be available only to the extent that

4 an official budget request for the entire amount,

5 that includes designation of the entire amount of the

6 request as an emergency requirement under as de7 fined in the Balanced Budget and Emergency Def8 icit Control Act of 1985, as amended is transmitted

9 by the President to the Congress.

10 (2) The entire amount is designated by the

11 Congress as an emergency requirement pursuant to

12 section 251(b)(2)(A) of such Act.

13 SEC. 845. COMMODITY ELIGIBILITY ASSISTANCE.

14 (a) IN GENERAL.—Section 3720B(a) of title 31,

15 United States Code, is amended in the first sentence by

16 inserting ‘‘or a marketing assistance loan or loan defi17 ciency payment under subtitle C of the Agricultural Mar18 ket Transition Act (7 U.S.C. 7231 et seq.)’’ after ‘‘dis19 aster loan’’.

20 (b) PAYMENTS.—Any payment made by the Com21 modity Credit Corporation to a producer as a result of

22 the amendment made by section (a) shall be credited to23 ward any delinquent debt owed by the producer to the

24 Farm Service Agency.

25 (c) EFFECTIVE DATE.—
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1 (1) IN GENERAL.—The amendment made by

2 subsection (a) takes effect on the date of enactment

3 of this Act.

4 (2) TRANSITION LOAN DEFICIENCY PAY5 MENTS.—If the producers on a farm lost beneficial

6 interest in a crop during the period beginning March

7 21, 2000, and ending on the day before the date of

8 enactment of this Act and were ineligible for a mar9 keting assistance loan under subtitle C of the Agri10 cultural Market Transition Act (7 U.S.C. 7231 et

11 seq.) because of section 3720B(a) of title 31, United

12 States Code, as in effect before the amendment

13 made by subsection (a), the producers shall be eligi14 ble for any loan deficiency payment under subtitle C

15 of that Act that was available on the date on which

16 the producers lost beneficial interest in the crop.

17 (d)(1) The entire amount necessary to carry out this

18 section shall be available only to the extent an official

19 budget request for the entire amount, that includes des20 ignation of the entire amount of the request as an emer21 gency requirement as defined in the Balanced Budget and

22 Emergency Deficit Control Act of 1985, as amedned, is

23 transmitted by the President to the Congress.
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1 (2) The entire amount is designated by the Congress

2 as an emergency requirement pursuant to section

3 251(b)(2)(A) of such Act.

4 SEC. 846. MAXIMUM AMOUNT OF EXCESS SHELTER EX5 PENSE DEDUCTION.

6 (a) AMENDMENT.—Section 5(e)(7)(B) of the Food

7 Stamp Act of 1977 (7 U.S.C. 2014(e)(7)(B)) is amended

8 by striking clauses (iii) and (iv) and inserting the fol9 lowing:

10 ‘‘(iii) for fiscal year 1999, $275,

11 $478, $393, $334, and $203 per month,

12 respectively;

13 ‘‘(iv) for fiscal year 2000, $280, $483,

14 $398, $339, and $208 per month, respec15 tively;

16 ‘‘(v) for fiscal year 2001, $340, $543,

17 $458, $399, and $268 per month, respec18 tively; and

19 ‘‘(vi) for fiscal year 2002 and each

20 subsequent fiscal year, the applicable

21 amount during the preceding fiscal year, as

22 adjusted to reflect changes for the 12-

23 month period ending the preceding Novem24 ber 30 in the Consumer Price Index for All

25 Urban Consumers published by the Bureau
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1 of Labor Statistics of the Department of

2 Labor.’’.

3 (b) EFFECTIVE DATE; APPLICATION OF AMEND4 MENT.—(1) Except as provided in paragraph (2), the

5 amendment made by this section shall take effect on

6 March 1, 2001.

7 (2) The amendment made by this section shall not

8 apply with respect to certification periods beginning before

9 March 1, 2001.

10 (c)(1) The entire amount necessary to carry out this

11 section shall be available only to the extent an official

12 budget request for the entire amount, that includes des13 ignation of the entire amount of the request as an emer14 gency requirement under as defined in the Balanced

15 Budget and Emergency Deficit Control Act of 1985, as

16 amended, is transmitted by the President to the Congress.

17 (2) The entire amount is designated by the Congress

18 as an emergency requirement pursuant to section

19 251(b)(2)(A) of such Act.

20 SEC. 847. VEHICLE ALLOWANCE.

21 (a) IN GENERAL.—Section 5(g)(2) of the Food

22 Stamp Act of 1977 (7 U.S.C. 2014(g)(2)) is amended—

23 (1) in subparagraph (B)(iv)—

24 (A) by striking ‘‘subparagraph (C)’’ and

25 inserting ‘‘subparagraphs (C) and (D)’’; and
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1 (B) by striking ‘‘to the extent that’’ and all

2 that follows through the end of the clause and

3 inserting ‘‘to the extent that the fair market

4 value of the vehicle exceeds $4,650; and’’; and

5 (2) by adding at the end the following:

6 ‘‘(D) ALTERNATIVE VEHICLE ALLOW7 ANCE.—If the vehicle allowance standards that

8 a State agency uses to determine eligibility for

9 assistance under the State program funded

10 under part A of title IV of the Social Security

11 Act (42 U.S.C. 601 et seq.) would result in a

12 lower attribution of resources to certain house13 holds than under subparagraph (B)(iv), in lieu

14 of applying subparagraph (B)(iv), the State

15 agency may elect to apply the State vehicle al16 lowance standards to all households that would

17 incur a lower attribution of resources under the

18 State vehicle allowance standards.’’.

19 (b) EFFECTIVE DATE; APPLICATION OF AMEND20 MENTS.—(1) Except as provided in paragraph (2), the

21 amendments made by this section shall take effect on July

22 1, 2001.

23 (2) The amendments made by this section shall not

24 apply with respect to certification periods beginning before

25 July 1, 2001.
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1 (c)(1) The entire amount necessary to carry out this

2 section shall be available only to the extent an official

3 budget request for the entire amount, that includes des4 ignation of the entire amount of the request as an emer5 gency requirement as defined in the Balanced Budget and

6 Emergency Deficit Control Act of 1985, as amended, is

7 transmitted by the President to the Congress.

8 (2) The entire amount is designated by the Congress

9 as an emergency requirement pursuant to section

10 251(b)(2)(A) of such Act.

11 TITLE IX—TRADE SANCTIONS REFORM AND

12 EXPORT ENHANCEMENT

13 SEC. 901. SHORT TITLE.

14 This title may be cited as the ‘‘Trade Sanctions Re15 form and Export Enhancement Act of 2000’’.

16 SEC. 902. DEFINITIONS.

17 In this title:

18 (1) AGRICULTURAL COMMODITY.—The term

19 ‘‘agricultural commodity’’ has the meaning given the

20 term in section 102 of the Agricultural Trade Act of

21 1978 (7 U.S.C. 5602).

22 (2) AGRICULTURAL PROGRAM.—The term ‘‘ag23 ricultural program’’ means—
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1 (A) any program administered under the

2 Agricultural Trade Development and Assistance

3 Act of 1954 (7 U.S.C. 1691 et seq.);

4 (B) any program administered under sec5 tion 416 of the Agricultural Act of 1949 (7

6 U.S.C. 1431);

7 (C) any program administered under the

8 Agricultural Trade Act of 1978 (7 U.S.C. 5601

9 et seq.);

10 (D) the dairy export incentive program ad11 ministered under section 153 of the Food Secu12 rity Act of 1985 (15 U.S.C. 713a–14);

13 (E) any commercial export sale of agricul14 tural commodities; or

15 (F) any export financing (including credits

16 or credit guarantees) provided by the United

17 States Government for agricultural commod18 ities.

19 (3) JOINT RESOLUTION.—The term ‘‘joint reso20 lution’’ means—

21 (A) in the case of section 903(a)(1), only

22 a joint resolution introduced within 10 session

23 days of Congress after the date on which the

24 report of the President under section 903(a)(1)

25 is received by Congress, the matter after the re-
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1 solving clause of which is as follows: ‘‘That

2 Congress approves the report of the President

3 pursuant to section 903(a)(1) of the Trade

4 Sanctions Reform and Export Enhancement

5 Act of 2000, transmitted on lllllll.’’,

6 with the blank completed with the appropriate

7 date; and

8 (B) in the case of section 906(1), only a

9 joint resolution introduced within 10 session

10 days of Congress after the date on which the

11 report of the President under section 906(2) is

12 received by Congress, the matter after the re13 solving clause of which is as follows: ‘‘That

14 Congress approves the report of the President

15 pursuant to section 906(1) of the Trade Sanc16 tions Reform and Export Enhancement Act of

17 2000, transmitted on lllllll.’’, with

18 the blank completed with the appropriate date.

19 (4) MEDICAL DEVICE.—The term ‘‘medical de20 vice’’ has the meaning given the term ‘‘device’’ in

21 section 201 of the Federal Food, Drug, and Cos22 metic Act (21 U.S.C. 321).

23 (5) MEDICINE.—The term ‘‘medicine’’ has the

24 meaning given the term ‘‘drug’’ in section 201 of the
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1 Federal Food, Drug, and Cosmetic Act (21 U.S.C.

2 321).

3 (6) UNILATERAL AGRICULTURAL SANCTION.—

4 The term ‘‘unilateral agricultural sanction’’ means

5 any prohibition, restriction, or condition on carrying

6 out an agricultural program with respect to a for7 eign country or foreign entity that is imposed by the

8 United States for reasons of foreign policy or na9 tional security, except in a case in which the United

10 States imposes the measure pursuant to—

11 (A) a multilateral regime and the other

12 member countries of that regime have agreed to

13 impose substantially equivalent measures; or

14 (B) a mandatory decision of the United

15 Nations Security Council.

16 (7) UNILATERAL MEDICAL SANCTION.—The

17 term ‘‘unilateral medical sanction’’ means any prohi18 bition, restriction, or condition on exports of, or the

19 provision of assistance consisting of, medicine or a

20 medical device with respect to a foreign country or

21 foreign entity that is imposed by the United States

22 for reasons of foreign policy or national security, ex23 cept in a case in which the United States imposes

24 the measure pursuant to—
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1 (A) a multilateral regime and the other

2 member countries of that regime have agreed to

3 impose substantially equivalent measures; or

4 (B) a mandatory decision of the United

5 Nations Security Council.

6 SEC. 903. RESTRICTION.

7 (a) NEW SANCTIONS.—Except as provided in sections

8 904 and 905 and notwithstanding any other provision of

9 law, the President may not impose a unilateral agricul10 tural sanction or unilateral medical sanction against a for11 eign country or foreign entity, unless—

12 (1) not later than 60 days before the sanction

13 is proposed to be imposed, the President submits a

14 report to Congress that—

15 (A) describes the activity proposed to be

16 prohibited, restricted, or conditioned; and

17 (B) describes the actions by the foreign

18 country or foreign entity that justify the sanc19 tion; and

20 (2) there is enacted into law a joint resolution

21 stating the approval of Congress for the report sub22 mitted under paragraph (1).

23 (b) EXISTING SANCTIONS.—The President shall ter24 minate any unilateral agricultural sanction or unilateral
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1 medical sanction that is in effect as of the date of enact2 ment of this Act.

3 SEC. 904. EXCEPTIONS.

4 Section 903 shall not affect any authority or require5 ment to impose (or continue to impose) a sanction referred

6 to in section 903—

7 (1) against a foreign country or foreign

8 entity—

9 (A) pursuant to a declaration of war

10 against the country or entity;

11 (B) pursuant to specific statutory author12 ization for the use of the Armed Forces of the

13 United States against the country or entity;

14 (C) against which the Armed Forces of the

15 United States are involved in hostilities; or

16 (D) where imminent involvement by the

17 Armed Forces of the United States in hostilities

18 against the country or entity is clearly indicated

19 by the circumstances; or

20 (2) to the extent that the sanction would pro21 hibit, restrict, or condition the provision or use of

22 any agricultural commodity, medicine, or medical de23 vice that is—
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1 (A) controlled on the United States Muni2 tions List established under section 38 of the

3 Arms Export Control Act (22 U.S.C. 2778);

4 (B) controlled on any control list estab5 lished under the Export Administration Act of

6 1979 or any successor statute (50 U.S.C. App.

7 2401 et seq.); or

8 (C) used to facilitate the development or

9 production of a chemical or biological weapon or

10 weapon of mass destruction.

11 SEC. 905. TERMINATION OF SANCTIONS.

12 Any unilateral agricultural sanction or unilateral

13 medical sanction that is imposed pursuant to the proce14 dures described in section 903(a) shall terminate not later

15 than 2 years after the date on which the sanction became

16 effective unless—

17 (1) not later than 60 days before the date of

18 termination of the sanction, the President submits to

19 Congress a report containing—

20 (A) the recommendation of the President

21 for the continuation of the sanction for an addi22 tional period of not to exceed 2 years; and

23 (B) the request of the President for ap24 proval by Congress of the recommendation; and
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1 (2) there is enacted into law a joint resolution

2 stating the approval of Congress for the report sub3 mitted under paragraph (1).

4 SEC. 906. STATE SPONSORS OF INTERNATIONAL TER5 RORISM.

6 (a) REQUIREMENT.—

7 (1) IN GENERAL.—Notwithstanding any other

8 provision of this title (other than section 904), the

9 export of agricultural commodities, medicine, or

10 medical devices to Cuba or to the government of a

11 country that has been determined by the Secretary

12 of State to have repeatedly provided support for acts

13 of international terrorism under section 620A of the

14 Foreign Assistance Act of 1961 (22 U.S.C. 2371),

15 section 6(j)(1) of the Export Administration Act of

16 1979 (50 U.S.C. app. 2405(j)(1)), or section 40(d)

17 of the Arms Export Control Act (22 U.S.C.

18 2780(d)), or to any other entity in such a country,

19 shall only be made pursuant to one-year licenses

20 issued by the United States Government for con21 tracts entered into during the one-year period of the

22 license and shipped within the 12-month period be23 ginning on the date of the signing of the contract,

24 except that the requirements of such one-year li25 censes shall be no more restrictive than license ex-
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1 ceptions administered by the Department of Com2 merce or general licenses administered by the De3 partment of the Treasury, except that procedures

4 shall be in place to deny licenses for exports to any

5 entity within such country promoting international

6 terrorism.

7 (2) EXCEPTION.—Paragraph (1) shall not

8 apply with respect to the export of agricultural com9 modities, medicine, or medical devices to the Govern10 ment of Syria or to the Government of North Korea.

11 (b) QUARTERLY REPORTS.—The applicable depart12 ment or agency of the Federal Government shall submit

13 to the appropriate congressional committees on a quar14 terly basis a report on any activities undertaken under

15 subsection (a)(1) during the preceding calendar quarter.

16 (c) BIENNIAL REPORTS.—Not later than two years

17 after the date of enactment of this Act, and every two

18 years thereafter, the applicable department or agency of

19 the Federal Government shall submit a report to the ap20 propriate congressional committees on the operation of the

21 licensing system under this section for the preceding two22 year period, including—

23 (1) the number and types of licenses applied

24 for;

25 (2) the number and types of licenses approved;
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1 (3) the average amount of time elapsed from

2 the date of filing of a license application until the

3 date of its approval;

4 (4) the extent to which the licensing procedures

5 were effectively implemented; and

6 (5) a description of comments received from in7 terested parties about the extent to which the licens8 ing procedures were effective, after the applicable

9 department or agency holds a public 30-day com10 ment period.

11 SEC. 907. CONGRESSIONAL PROCEDURES.

12 (a) REFERRAL OF REPORT.—A report described in

13 section 903(a)(1) or 905(1) shall be referred to the appro14 priate committee or committees of the House of Rep15 resentatives and to the appropriate committee or commit16 tees of the Senate.

17 (b) REFERRAL OF JOINT RESOLUTION.—

18 (1) IN GENERAL.—A joint resolution introduced

19 in the Senate shall be referred to the Committee on

20 Foreign Relations, and a joint resolution introduced

21 in the House of Representatives shall be referred to

22 the Committee on International Relations.

23 (2) REPORTING DATE.—A joint resolution re24 ferred to in paragraph (1) may not be reported be-
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1 fore the eighth session day of Congress after the in2 troduction of the joint resolution.

3 SEC. 908. PROHIBITION ON UNITED STATES ASSISTANCE

4 AND FINANCING.

5 (a) PROHIBITION ON UNITED STATES ASSIST6 ANCE.—

7 (1) IN GENERAL.—Notwithstanding any other

8 provision of law, no United States Government as9 sistance, including United States foreign assistance,

10 United States export assistance, and any United

11 States credit or guarantees shall be available for ex12 ports to Cuba or for commercial exports to Iran,

13 Libya, North Korea, or Sudan.

14 (2) RULE OF CONSTRUCTION.—Nothing in

15 paragraph (1) shall be construed to alter, modify, or

16 otherwise affect the provisions of section 109 of the

17 Cuban Liberty and Democratic Solidarity

18 (LIBERTAD) Act of 1996 (22 U.S.C. 6039) or any

19 other provision of law relating to Cuba in effect on

20 the day before the date of the enactment of this Act.

21 (3) WAIVER.—The President may waive the ap22 plication of paragraph (1) with respect to Iran,

23 Libya, North Korea, and Sudan to the degree the

24 President determines that it is in the national secu-
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1 rity interest of the United States to do so, or for hu2 manitarian reasons.

3 (b) PROHIBITION ON FINANCING OF AGRICULTURAL

4 SALES TO CUBA.—

5 (1) IN GENERAL.—No United States person

6 may provide payment or financing terms for sales of

7 agricultural commodities or products to Cuba or any

8 person in Cuba, except in accordance with the fol9 lowing terms (notwithstanding part 515 of title 31,

10 Code of Federal Regulations, or any other provision

11 of law):

12 (A) Payment of cash in advance.

13 (B) Financing by third country financial

14 institutions (excluding United States persons or

15 Government of Cuba entities), except that such

16 financing may be confirmed or advised by a

17 United States financial institution.

18 Nothing in this paragraph authorizes payment terms

19 or trade financing involving a debit or credit to an

20 account of a person located in Cuba or of the Gov21 ernment of Cuba maintained on the books of a

22 United States depository institution.

23 (2) PENALTIES.—Any private person or entity

24 that violates paragraph (1) shall be subject to the
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1 penalties provided in the Trading With the Enemy

2 Act for violations under that Act.

3 (3) ADMINISTRATION AND ENFORCEMENT.—

4 The President shall issue such regulations as are

5 necessary to carry out this section, except that the

6 President, in lieu of issuing new regulations, may

7 apply any regulations in effect on the date of the en8 actment of this Act, pursuant to the Trading With

9 the Enemy Act, with respect to the conduct prohib10 ited in paragraph (1).

11 (4) DEFINITIONS.—In this subsection—

12 (A) the term ‘‘financing’’ includes any loan

13 or extension of credit;

14 (B) the term ‘‘United States depository in15 stitution’’ means any entity (including its for16 eign branches or subsidiaries) organized under

17 the laws of any jurisdiction within the United

18 States, or any agency, office or branch located

19 in the United States of a foreign entity, that is

20 engaged primarily in the business of banking

21 (including a bank, savings bank, savings asso22 ciation, credit union, trust company, or United

23 States bank holding company); and

24 (C) the term ‘‘United States person’’

25 means the Federal Government, any State or
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1 local government, or any private person or enti2 ty of the United States.

3 SEC. 909. PROHIBITION ON ADDITIONAL IMPORTS FROM

4 CUBA.

5 Nothing in this title shall be construed to alter, mod6 ify, or otherwise affect the provisions of section 515.204

7 of title 31, Code of Federal Regulations, relating to the

8 prohibition on the entry into the United States of mer9 chandise that (1) is of Cuban origin, (2) is or has been

10 located in or transported from or through Cuba, or (3)

11 is made or derived in whole or in part of any article which

12 is the growth, produce, or manufacture of Cuba.

13 SEC. 910. REQUIREMENTS RELATING TO CERTAIN TRAVEL14 RELATED TRANSACTIONS WITH CUBA.

15 (a) AUTHORIZATION OF TRAVEL RELATING TO COM16 MERCIAL SALE OF AGRICULTURAL COMMODITIES.—The

17 Secretary of the Treasury shall promulgate regulations

18 under which the travel-related transactions listed in para19 graph (c) of section 515.560 of title 31, Code of Federal

20 Regulations, may be authorized on a case-by-case basis by

21 a specific license for travel to, from, or within Cuba for

22 the commercial export sale of agricultural commodities

23 pursuant to the provisions of this title.

24 (b) PROHIBITION ON TRAVEL RELATING TO TOURIST

25 ACTIVITIES.—
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1 (1) IN GENERAL.—Notwithstanding any other

2 provision of law or regulation, the Secretary of the

3 Treasury, or any other Federal official, may not au4 thorize the travel-related transactions listed in para5 graph (c) of section 515.560 of title 31, Code of

6 Federal Regulations, either by a general license or

7 on a case-by-case basis by a specific license for trav8 el to, from, or within Cuba for tourist activities.

9 (2) DEFINITION.—In this subsection, the term

10 ‘‘tourist activities’’ means any activity with respect

11 to travel to, from, or within Cuba that is not ex12 pressly authorized in subsection (a) of this section,

13 in any of paragraphs (1) through (12) of section

14 515.560 of title 31, Code of Federal Regulations, or

15 in any section referred to in any of such paragraphs

16 (1) through (12) (as such sections were in effect on

17 June 1, 2000).

18 SEC. 911. EFFECTIVE DATE.

19 (a) IN GENERAL.—Except as provided in subsection

20 (b), this title shall take effect on the date of enactment

21 of this Act, and shall apply thereafter in any fiscal year.

22 (b) EXISTING SANCTIONS.—In the case of any unilat23 eral agricultural sanction or unilateral medical sanction

24 that is in effect as of the date of enactment of this Act,

25 this title shall take effect 120 days after the date of enact-
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1 ment of this Act, and shall apply thereafter in any fiscal

2 year.

3 TITLE X—CONTINUED DUMPING AND SUBSIDY

4 OFFSET

5 SEC. 1001. SHORT TITLE.

6 This title may be cited as the ‘‘Continued Dumping

7 and Subsidy Offset Act of 2000’’.

8 SEC. 1002. FINDINGS OF CONGRESS.

9 Congress makes the following findings:

10 (1) Consistent with the rights of the United

11 States under the World Trade Organization, inju12 rious dumping is to be condemned and actionable

13 subsidies which cause injury to domestic industries

14 must be effectively neutralized.

15 (2) United States unfair trade laws have as

16 their purpose the restoration of conditions of fair

17 trade so that jobs and investment that should be in

18 the United States are not lost through the false

19 market signals.

20 (3) The continued dumping or subsidization of

21 imported products after the issuance of antidumping

22 orders or findings or countervailing duty orders can

23 frustrate the remedial purpose of the laws by pre24 venting market prices from returning to fair levels.
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1 (4) Where dumping or subsidization continues,

2 domestic producers will be reluctant to reinvest or

3 rehire and may be unable to maintain pension and

4 health care benefits that conditions of fair trade

5 would permit. Similarly, small businesses and Amer6 ican farmers and ranchers may be unable to pay

7 down accumulated debt, to obtain working capital,

8 or to otherwise remain viable.

9 (5) United States trade laws should be

10 strengthened to see that the remedial purpose of

11 those laws is achieved.

12 SEC. 1003. AMENDMENTS TO THE TARIFF ACT OF 1930.

13 (a) IN GENERAL.—Title VII of the Tariff Act of

14 1930 (19 U.S.C. 1671 et seq.) is amended by inserting

15 after section 753 following new section:

16 ‘‘SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.

17 ‘‘(a) IN GENERAL.—Duties assessed pursuant to a

18 countervailing duty order, an antidumping duty order, or

19 a finding under the Antidumping Act of 1921 shall be dis20 tributed on an annual basis under this section to the af21 fected domestic producers for qualifying expenditures.

22 Such distribution shall be known as the ‘continued dump23 ing and subsidy offset’.

24 ‘‘(b) DEFINITIONS.—As used in this section:
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1 ‘‘(1) AFFECTED DOMESTIC PRODUCER.—The

2 term ‘affected domestic producer’ means any manu3 facturer, producer, farmer, rancher, or worker rep4 resentative (including associations of such persons)

5 that—

6 ‘‘(A) was a petitioner or interested party in

7 support of the petition with respect to which an

8 antidumping duty order, a finding under the

9 Antidumping Act of 1921, or a countervailing

10 duty order has been entered, and

11 ‘‘(B) remains in operation.

12 Companies, businesses, or persons that have ceased

13 the production of the product covered by the order

14 or finding or who have been acquired by a company

15 or business that is related to a company that op16 posed the investigation shall not be an affected do17 mestic producer.

18 ‘‘(2) COMMISSIONER.—The term ‘Commis19 sioner’ means the Commissioner of Customs.

20 ‘‘(3) COMMISSION.—The term ‘Commission’

21 means the United States International Trade Com22 mission.

23 ‘‘(4) QUALIFYING EXPENDITURE.—The term

24 ‘qualifying expenditure’ means an expenditure in25 curred after the issuance of the antidumping duty
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1 finding or order or countervailing duty order in any

2 of the following categories:

3 ‘‘(A) Manufacturing facilities.

4 ‘‘(B) Equipment.

5 ‘‘(C) Research and development.

6 ‘‘(D) Personnel training.

7 ‘‘(E) Acquisition of technology.

8 ‘‘(F) Health care benefits to employees

9 paid for by the employer.

10 ‘‘(G) Pension benefits to employees paid

11 for by the employer.

12 ‘‘(H) Environmental equipment, training,

13 or technology.

14 ‘‘(I) Acquisition of raw materials and other

15 inputs.

16 ‘‘(J) Working capital or other funds need17 ed to maintain production.

18 ‘‘(5) RELATED TO.—A company, business, or

19 person shall be considered to be ‘related to’ another

20 company, business, or person if—

21 ‘‘(A) the company, business, or person di22 rectly or indirectly controls or is controlled by

23 the other company, business, or person,

24 ‘‘(B) a third party directly or indirectly

25 controls both companies, businesses, or persons,
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1 ‘‘(C) both companies, businesses, or per2 sons directly or indirectly control a third party

3 and there is reason to believe that the relation4 ship causes the first company, business, or per5 sons to act differently than a nonrelated party.

6 For purposes of this paragraph, a party shall be

7 considered to directly or indirectly control another

8 party if the party is legally or operationally in a po9 sition to exercise restraint or direction over the other

10 party.

11 ‘‘(c) DISTRIBUTION PROCEDURES.—The Commis12 sioner shall prescribe procedures for distribution of the

13 continued dumping or subsidies offset required by this sec14 tion. Such distribution shall be made not later than 60

15 days after the first day of a fiscal year from duties as16 sessed during the preceding fiscal year.

17 ‘‘(d) PARTIES ELIGIBLE FOR DISTRIBUTION OF

18 ANTIDUMPING AND COUNTERVAILING DUTIES AS19 SESSED.—

20 ‘‘(1) LIST OF AFFECTED DOMESTIC PRO21 DUCERS.—The Commission shall forward to the

22 Commissioner within 60 days after the effective date

23 of this section in the case of orders or findings in

24 effect on January 1, 1999, or thereafter, or in any

25 other case, within 60 days after the date an anti-
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1 dumping or countervailing duty order or finding is

2 issued, a list of petitioners and persons with respect

3 to each order and finding and a list of persons that

4 indicate support of the petition by letter or through

5 questionnaire response. In those cases in which a de6 termination of injury was not required or the Com7 mission’s records do not permit an identification of

8 those in support of a petition, the Commission shall

9 consult with the administering authority to deter10 mine the identity of the petitioner and those domes11 tic parties who have entered appearances during ad12 ministrative reviews conducted by the administering

13 authority under section 751.

14 ‘‘(2) PUBLICATION OF LIST; CERTIFICATION.—

15 The Commissioner shall publish in the Federal Reg16 ister at least 30 days before the distribution of a

17 continued dumping and subsidy offset, a notice of

18 intention to distribute the offset and the list of af19 fected domestic producers potentially eligible for the

20 distribution based on the list obtained from the

21 Commission under paragraph (1). The Commis22 sioner shall request a certification from each poten23 tially eligible affected domestic producer—

24 ‘‘(A) that the producer desires to receive a

25 distribution;
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1 ‘‘(B) that the producer is eligible to receive

2 the distribution as an affected domestic pro3 ducer; and

4 ‘‘(C) the qualifying expenditures incurred

5 by the producer since the issuance of the order

6 or finding for which distribution under this sec7 tion has not previously been made.

8 ‘‘(3) DISTRIBUTION OF FUNDS.—The Commis9 sioner shall distribute all funds (including all inter10 est earned on the funds) from assessed duties re11 ceived in the preceding fiscal year to affected domes12 tic producers based on the certifications described in

13 paragraph (2). The distributions shall be made on a

14 pro rata basis based on new and remaining quali15 fying expenditures.

16 ‘‘(e) SPECIAL ACCOUNTS.—

17 ‘‘(1) ESTABLISHMENTS.—Within 14 days after

18 the effective date of this section, with respect to

19 antidumping duty orders and findings and counter20 vailing duty orders notified under subsection (d)(1),

21 and within 14 days after the date an antidumping

22 duty order or finding or countervailing duty order

23 issued after the effective date takes effect, the Com24 missioner shall establish in the Treasury of the
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1 United States a special account with respect to each

2 such order or finding.

3 ‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commis4 sioner shall deposit into the special accounts, all

5 antidumping or countervailing duties (including in6 terest earned on such duties) that are assessed after

7 the effective date of this section under the anti8 dumping order or finding or the countervailing duty

9 order with respect to which the account was estab10 lished.

11 ‘‘(3) TIME AND MANNER OF DISTRIBUTIONS.—

12 Consistent with the requirements of subsections (c)

13 and (d), the Commissioner shall by regulation pre14 scribe the time and manner in which distribution of

15 the funds in a special account shall made.

16 ‘‘(4) TERMINATION.—A special account shall

17 terminate after—

18 ‘‘(a) the order or finding with respect to

19 which the account was established has termi20 nated;

21 ‘‘(B) all entries relating to the order or

22 finding are liquidated and duties assessed col23 lected;
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1 ‘‘(C) the Commissioner has provided notice

2 and a final opportunity to obtain distribution

3 pursuant to subsection (c); and

4 ‘‘(D) 90 days has elapsed from the date of

5 the notice described in subparagraph (C).

6 Amounts not claimed within 90 days of the date of

7 the notice described in subparagraph (C), shall be

8 deposited into the general fund of the Treasury.’’.

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for title VII of the Tariff Act of 1930 is amended

11 by inserting the following new item after the item relating

12 to section 753:

‘‘Sec. 754. Continued dumping and subsidy offset.’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall apply with respect to all antidumping

15 and countervailing duty assessments made on or after Oc16 tober 1, 2000.

17 TITLE XI—CONSERVATION OF FARMABLE

18 WETLAND

19 SEC. 1101. SHORT TITLE.

20 This title may be cited as the ‘‘Conservation of

21 Farmable Wetland Act of 2000’’.
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1 SEC. 1102. PILOT PROGRAM FOR ENROLLMENT OF WET2 LAND AND BUFFER ACREAGE IN CONSERVA3 TION RESERVE.

4 (a) IN GENERAL.—Section 1231 of the Food Security

5 Act of 1985 (16 U.S.C. 3831) is amended by adding at

6 the end the following:

7 ‘‘(h) PILOT PROGRAM FOR ENROLLMENT OF WET8 LAND AND BUFFER ACREAGE IN CONSERVATION RE9 SERVE.—

10 ‘‘(1) IN GENERAL.—During the 2001 and 2002

11 calendar years, the Secretary shall carry out a pilot

12 program in the States of Iowa, Minnesota, Montana,

13 Nebraska, North Dakota, and South Dakota under

14 which the Secretary shall include eligible acreage de15 scribed in paragraph (3) in the program established

16 under this subchapter.

17 ‘‘(2) PARTICIPATION AMONG STATES.—The

18 Secretary shall ensure, to the maximum extent prac19 ticable, that owners and operators in each of the

20 States referred to in paragraph (1) have an equi21 table opportunity to participate in the pilot program

22 established under this subsection.

23 ‘‘(3) ELIGIBLE ACREAGE.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graphs (B) through (D), an owner or operator
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1 may enroll in the conservation reserve under

2 this subsection—

3 ‘‘(i) a wetland (including a converted

4 wetland described in section

5 1222(b)(1)(A)) that was cropped during at

6 least 3 of the immediately preceding 10

7 crop years; and

8 ‘‘(ii) buffer acreage that—

9 ‘‘(I) is contiguous to the wetland

10 described in clause (i);

11 ‘‘(II) is used to protect the wet12 land; and

13 ‘‘(III) is of such width as the

14 Secretary determines is necessary to

15 protect the wetland, taking into con16 sideration and accommodating the

17 farming practices (including the

18 straightening of boundaries to accom19 modate machinery) used with respect

20 to the cropland that surrounds the

21 wetland.

22 ‘‘(B) EXCLUSIONS.—An owner or operator

23 may not enroll in the conservation reserve

24 under this subsection—
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1 ‘‘(i) any wetland, or land on a flood2 plain, that is, or is adjacent to, a perennial

3 riverine system wetland identified on the

4 final national wetland inventory map of the

5 Secretary of the Interior; or

6 ‘‘(ii) in the case of an area that is not

7 covered by the final national inventory

8 map, any wetland, or land on a floodplain,

9 that is adjacent to a perennial stream iden10 tified on a 1-24,000 scale map of the

11 United States Geological Survey.

12 ‘‘(C) PROGRAM LIMITATIONS.—

13 ‘‘(i) IN GENERAL.—The Secretary

14 may enroll in the conservation reserve

15 under this subsection—

16 ‘‘(I) not more than 500,000 acres

17 in all States referred to in paragraph

18 (1); and

19 ‘‘(II) not more than 150,000

20 acres in any 1 State referred to in

21 paragraph (1).

22 ‘‘(ii) RELATIONSHIP TO PROGRAM

23 MAXIMUM.—Subject to clause (iii), for the

24 purposes of subsection (d), any acreage en25 rolled in the conservation reserve under
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1 this subsection shall be considered acres

2 maintained in the conservation reserve.

3 ‘‘(iii) RELATIONSHIP TO OTHER EN4 ROLLED ACREAGE.—Acreage enrolled

5 under this subsection shall not affect for

6 any fiscal year the quantity of—

7 ‘‘(I) acreage enrolled to establish

8 conservation buffers as part of the

9 program announced on March 24,

10 1998 (63 Fed. Reg. 14109); or

11 ‘‘(II) acreage enrolled into the

12 conservation reserve enhancement pro13 gram announced on May 27, 1998 (63

14 Fed. Reg. 28965).

15 ‘‘(D) OWNER OR OPERATOR LIMITA16 TIONS.—

17 ‘‘(i) WETLAND.—The maximum size

18 of any wetland described in subparagraph

19 (A)(i) of an owner or operator enrolled in

20 the conservation reserve under this sub21 section shall be 5 contiguous acres.

22 ‘‘(ii) BUFFER ACREAGE.—The max23 imum size of any buffer acreage described

24 in subparagraph (A)(ii) of an owner or op25 erator enrolled in the conservation reserve
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1 under this subsection shall be the greater

2 of—

3 ‘‘(I) 3 times the size of any wet4 land described in subparagraph (A)(i)

5 to which the buffer acreage is contig6 uous; or

7 ‘‘(II) 150 feet on either side of

8 the wetland.

9 ‘‘(iii) TRACTS.—The maximum size of

10 any eligible acreage described in subpara11 graph (A) in a tract (as determined by the

12 Secretary) of an owner or operator enrolled

13 in the conservation reserve under this sub14 section shall be 40 acres.

15 ‘‘(4) DUTIES OF OWNERS AND OPERATORS.—

16 Under a contract entered into under this subsection,

17 during the term of the contract, an owner or oper18 ator of a farm or ranch must agree—

19 ‘‘(A) to restore the hydrology of the wet20 land within the eligible acreage to the maximum

21 extent practicable, as determined by the Sec22 retary;

23 ‘‘(B) to establish vegetative cover on the

24 eligible acreage, as determined by the Sec25 retary; and
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1 ‘‘(C) to carry out other duties described in

2 section 1232.

3 ‘‘(5) DUTIES OF THE SECRETARY.—

4 ‘‘(A) IN GENERAL.—Except as provided in

5 subparagraphs (B) and (C), in return for a con6 tract entered into by an owner or operator

7 under this subsection, the Secretary shall make

8 payments and provide assistance to the owner

9 or operator in accordance with sections 1233

10 and 1234.

11 ‘‘(B) CONTINUOUS SIGNUP.—The Sec12 retary shall use continuous signup under sec13 tion 1234(c)(2)(B) to determine the accept14 ability of contract offers and the amount of

15 rental payments under this subsection.

16 ‘‘(C) INCENTIVES.—The amounts payable

17 to owners and operators in the form of rental

18 payments under contracts entered into under

19 this subsection shall reflect incentives that are

20 provided to owners and operators to enroll

21 filterstrips in the conservation reserve under

22 section 1234.’’.

23 SEC. 1103. INCIDENTAL GRAZING.

24 Section 1232(a)(7)(A) of the Food Security Act of

25 1985 (16 U.S.C. 3832(a)(7)(A)) is amended—
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1 (1) by striking ‘‘occurs during’’ and

2 inserting ‘‘occurs—

3 ‘‘(I) in the case of land other

4 than eligible acreage enrolled under

5 section 1231(h), during’’; and

6 (2) by adding at the end the following:

7 ‘‘(II) in the case of eligible acre8 age enrolled under section 1231(h), at

9 any time other than during the period

10 beginning May 1 and ending August 1

11 of each year for a reduction in rental

12 payment commensurate with the lim13 ited economic value of such incidental

14 grazing; and’’.

15 SEC. 1104. STUDY OF IMPACT OF PILOT PROGRAM.

16 (a) IN GENERAL.—The Secretary of Agriculture shall

17 conduct a study of the impact of the pilot program estab18 lished under section 1231(h) of the Food Security Act of

19 1985 (16 U.S.C. 3831(h)) (as added by section 1102(a))

20 on—

21 (1) enrollment of owners and operators in—

22 (A) the conservation reserve program es23 tablished under subchapter B of chapter 1 of

24 subtitle D of title XII of that Act (16 U.S.C.

25 3831 et seq.);
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1 (B) the wetlands reserve program estab2 lished under subchapter C of chapter 1 of sub3 title D of title XII of that Act (16 U.S.C. 3837

4 et seq.); and

5 (C) other Federal and State conservation

6 programs;

7 (2) types of environmentally sensitive acreage

8 that have not been enrolled in the wetlands reserve

9 program; and

10 (3) conservation of soil, water, and related nat11 ural resources, including grazing land, wetland, and

12 wildlife habitat.

13 (b) REPORTS.—Not later than March 1, 2003, the

14 Secretary shall submit to the Committee on Agriculture

15 of the House of Representatives and the Committee on

16 Agriculture, Nutrition, and Forestry of the Senate a re17 port on the results of the study.

18 SEC. 1105. REGULATIONS.

19 (a) IN GENERAL.—As soon as practicable after the

20 date of enactment of this Act, the Secretary of Agriculture

21 shall promulgate such regulations as are necessary to im22 plement the amendments made by this Act.

23 (b) PROCEDURE.—The promulgation of the regula24 tions and administration of the amendments made by this

25 Act shall be made without regard to—
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1 (1) the notice and comment provisions of sec2 tion 553 of title 5, United States Code;

3 (2) the Statement of Policy of the Secretary of

4 Agriculture effective July 24, 1971 (36 Fed. Reg.

5 13804), relating to notices of proposed rulemaking

6 and public participation in rulemaking; and

7 (3) chapter 35 of title 44, United States Code

8 (commonly known as the ‘‘Paperwork Reduction

9 Act’’).

10 (c) CONGRESSIONAL REVIEW OF AGENCY RULE11 MAKING.—In carrying out this section, the Secretary shall

12 use the authority provided under section 808 of title 5,

13 United States Code.

14 TITLE XII—HASS AVOCADO PROMOTION,

15 RESEARCH, AND INFORMATION

16 SEC. 1201. SHORT TITLE.

17 This title may be cited as the ‘‘Hass Avocado Pro18 motion, Research, and Information Act of 2000’’.

19 SEC. 1202. FINDINGS AND DECLARATION OF POLICY.

20 (a) FINDINGS.—Congress finds the following:

21 (1) Hass avocados are an integral food source

22 in the United States that are a valuable and healthy

23 part of the human diet and are enjoyed by millions

24 of persons every year for a multitude of everyday

25 and special occasions.
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1 (2) Hass avocados are a significant tree fruit

2 crop grown by many individual producers, but vir3 tually all domestically produced Hass avocados for

4 the commercial market are grown in the State of

5 California.

6 (3) Hass avocados move in interstate and for7 eign commerce, and Hass avocados that do not move

8 in interstate or foreign channels of commerce but

9 only in intrastate commerce directly affect interstate

10 commerce in Hass avocados.

11 (4) In recent years, large quantities of Hass av12 ocados have been imported into the United States

13 from other countries.

14 (5) The maintenance and expansion of markets

15 in existence on the date of enactment of this title,

16 and the development of new or improved markets or

17 uses for Hass avocados are needed to preserve and

18 strengthen the economic viability of the domestic

19 Hass avocado industry for the benefit of producers

20 and other persons associated with the producing,

21 marketing, processing, and consuming of Hass avo22 cados.

23 (6) An effective and coordinated program of

24 promotion, research, industry information, and con25 sumer information regarding Hass avocados is nec-
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1 essary for the maintenance, expansion, and develop2 ment of domestic markets for Hass avocados.

3 (b) PURPOSE.—It is the purpose of this title to au4 thorize the establishment, through the exercise of the pow5 ers provided in this title, of an orderly procedure for the

6 development and financing (through an adequate assess7 ment on Hass avocados sold by producers and importers

8 in the United States) of an effective and coordinated pro9 gram of promotion, research, industry information, and

10 consumer information, including funds for marketing and

11 market research activities, that is designed to—

12 (1) strengthen the position of the Hass avocado

13 industry in the domestic marketplace; and

14 (2) maintain, develop, and expand markets and

15 uses for Hass avocados in the domestic marketplace.

16 (c) LIMITATION.—Nothing in this title may be con17 strued to provide for the control of production or otherwise

18 limit the right of any person to produce, handle, or import

19 Hass avocados.

20 SEC. 1203. DEFINITIONS.

21 As used in this title:

22 (1) BOARD.—The terms ‘‘Avocado Board’’ and

23 ‘‘Board’’ mean the Hass Avocado Board established

24 under section 1205.
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1 (2) CONFLICT OF INTEREST.—The term ‘‘con2 flict of interest’’ means a situation in which a mem3 ber or employee of the Board has a direct or indirect

4 financial interest in a person that performs a service

5 for, or enters into a contract with, the Board for

6 anything of economic value.

7 (3) CONSUMER INFORMATION.—The term ‘‘con8 sumer information’’ means any action or program

9 that provides information to consumers and other

10 persons on the use, nutritional attributes, and other

11 information that will assist consumers and other

12 persons in making evaluations and decisions regard13 ing the purchase, preparation, and use of Hass avo14 cados.

15 (4) CUSTOMS.—The term ‘‘Customs’’ means

16 the United States Customs Service.

17 (5) DEPARTMENT.—The term ‘‘Department’’

18 means the United States Department of Agriculture.

19 (6) HASS AVOCADO.—

20 (A) IN GENERAL.—The term ‘‘Hass avo21 cado’’ includes—

22 (i) the fruit of any Hass variety avo23 cado tree; and

24 (ii) any other type of avocado fruit

25 that the Board, with the approval of the
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1 Secretary, determines is so similar to the

2 Hass variety avocado as to be indistin3 guishable to consumers in fresh form.

4 (B) FORM OF FRUIT.—Except as provided

5 in subparagraph (C), the term includes avocado

6 fruit described in subparagraph (A) whether in

7 fresh, frozen, or any other processed form.

8 (C) EXCEPTIONS.—In any case in which a

9 handler further processes avocados described in

10 subparagraph (A), or products of such avoca11 dos, for sale to a retailer, the Board, with the

12 approval of the Secretary, may determine that

13 such further processed products do not con14 stitute a substantial value of the product and

15 that, based on its determination, the product

16 shall not be treated as a product of Hass avoca17 dos subject to assessment under the order. In

18 addition, the Board, with the approval of the

19 Secretary, may exempt certain frozen avocado

20 products from assessment under the order.

21 (7) HANDLER.—

22 (A) FIRST HANDLER.—The term ‘‘first

23 handler’’ means a person operating in the Hass

24 avocados marketing system that sells domestic

25 or imported Hass avocados for United States
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1 domestic consumption, and who is responsible

2 for remitting assessments to the Board. The

3 term includes an importer or producer who sells

4 directly to consumers Hass avocados that the

5 importer or producer has imported into the

6 United States or produced, respectively.

7 (B) EXEMPT HANDLER.—The term ‘‘ex8 empt handler’’ means a person who would oth9 erwise be considered a first handler, except that

10 all avocados purchased by the person have al11 ready been subject to the assessment under sec12 tion 1205(h).

13 (8) IMPORTER.—The term ‘‘importer’’ means

14 any person who imports Hass avocados into the

15 United States.

16 (9) INDUSTRY INFORMATION.—The term ‘‘in17 dustry information’’ means information and pro18 grams that are designed to increase efficiency in

19 processing, enhance the development of new markets

20 and marketing strategies, increase marketing effi21 ciency, and activities to enhance the image of Hass

22 avocados and the Hass avocado industry domesti23 cally.
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1 (10) ORDER.—The term ‘‘order’’ means the

2 Hass avocado promotion, research, and information

3 order issued under this title.

4 (11) PERSON.—The term ‘‘person’’ means any

5 individual, group of individuals, firm, partnership,

6 corporation, joint stock company, association, coop7 erative, or other legal entity.

8 (12) PRODUCER.—The term ‘‘producer’’ means

9 any person who—

10 (A) is engaged in the domestic production

11 of Hass avocados for commercial use; and

12 (B) owns, or shares the ownership and risk

13 of loss, of such Hass avocados.

14 (13) PROMOTION.—The term ‘‘promotion’’

15 means any action to advance the image, desirability,

16 or marketability of Hass avocados, including paid

17 advertising, sales promotion, and publicity, in order

18 to improve the competitive position and stimulate

19 sales of Hass avocados in the domestic marketplace.

20 (14) RESEARCH.—The term ‘‘research’’ means

21 any type of test, study, or analysis relating to mar22 ket research, market development, and marketing ef23 forts, or relating to the use, quality, or nutritional

24 value of Hass avocados, other related food science
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1 research, or research designed to advance the image,

2 desirability, and marketability of Hass avocados.

3 (15) SECRETARY.—The term ‘‘Secretary’’

4 means the Secretary of Agriculture.

5 (16) STATE.—The term ‘‘State’’ means each of

6 the several States of the United States, the District

7 of Columbia, the Commonwealth of Puerto Rico, the

8 Commonwealth of the Northern Mariana Islands,

9 the United States Virgin Islands, Guam, American

10 Samoa, the Republic of the Marshall Islands, and

11 the Federated States of Micronesia.

12 (17) UNITED STATES.—The term ‘‘United

13 States’’ means the United States collectively.

14 SEC. 1204. ISSUANCE OF ORDERS.

15 (a) IN GENERAL.—

16 (1) ISSUANCE.—To effectuate the policy of this

17 title specified in section 1202(b), the Secretary, sub18 ject to the procedures provided in subsection (b),

19 shall issue orders under this title applicable to pro20 ducers, importers, and first handlers of Hass avoca21 dos.

22 (2) SCOPE.—Any order shall be national in

23 scope.

24 (3) ONE ORDER.—Not more than one order

25 shall be in effect at any one time.
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1 (b) PROCEDURES.—

2 (1) PROPOSAL FOR AN ORDER.—An existing or3 ganization of avocado producers established pursu4 ant to a State statute, or any other person who will

5 be affected by this title, may request the issuance of,

6 and submit a proposal for an order.

7 (2) PUBLICATION OF PROPOSAL.—The Sec8 retary shall publish a proposed order and give notice

9 and opportunity for public comment on the proposed

10 order not later than 60 days after receipt by the

11 Secretary of a proposal for an order from an exist12 ing organization of avocado producers established

13 pursuant to a State statute, as provided in para14 graph (1).

15 (3) ISSUANCE OF ORDER.—

16 (A) IN GENERAL.—After notice and oppor17 tunity for public comment are provided in ac18 cordance with paragraph (2), the Secretary

19 shall issue the order, taking into consideration

20 the comments received and including in the

21 order such provisions as are necessary to ensure

22 that the order is in conformity with this title.

23 (B) EFFECTIVE DATE.—The order shall be

24 issued and become effective only after an af25 firmative vote in a referendum as provided in
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1 section 1206, but not later than 180 days after

2 publication of the proposed order.

3 (c) AMENDMENTS.—The Secretary, from time to

4 time, may amend an order. The provisions of this title ap5 plicable to an order shall be applicable to any amendment

6 to an order.

7 SEC. 1205. REQUIRED TERMS IN ORDERS.

8 (a) IN GENERAL.—An order shall contain the terms

9 and provisions specified in this section.

10 (b) HASS AVOCADO BOARD.—

11 (1) ESTABLISHMENT AND MEMBERSHIP.—

12 (A) ESTABLISHMENT.—The order shall

13 provide for the establishment of a Hass Avo14 cado Board, consisting of 12 members, to ad15 minister the order.

16 (B) MEMBERSHIP.—

17 (i) APPOINTMENT.—The order shall

18 provide that members of the Board shall

19 be appointed by the Secretary from nomi20 nations submitted as provided in this sub21 section.

22 (ii) COMPOSITION.—The Board shall

23 consist of participating domestic producers

24 and importers.
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1 (C) SPECIAL DEFINITION OF IMPORTER.—

2 In this subsection, the term ‘‘importer’’ means

3 a person who is involved in, as a substantial ac4 tivity, the importation, sale, and marketing of

5 Hass avocados in the United States (either di6 rectly or as an agent, broker, or consignee of

7 any person or nation that produces or handles

8 Hass avocados outside the United States for

9 sale in the United States), and who is subject

10 to assessments under the order.

11 (2) DISTRIBUTION OF APPOINTMENTS.—

12 (A) IN GENERAL.—The order shall provide

13 that the membership of the Board shall consist

14 of the following:

15 (i) Seven members who are domestic

16 producers of Hass avocados and are sub17 ject to assessments under the order.

18 (ii) Two members who represent im19 porters of Hass avocados and are subject

20 to assessments under the order.

21 (iii) Three members who are domestic

22 producers of Hass avocados and are sub23 ject to assessments under the order, or are

24 importers of Hass avocados and are sub25 ject to assessments under the order, to re-
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1 flect the proportion of domestic production

2 and imports supplying the United States

3 market, which shall be based on the Sec4 retary’s determination of the average vol5 ume of domestic production of Hass avoca6 dos proportionate to the average volume of

7 imports of Hass avocados in the United

8 States over the previous three years.

9 (B) ADJUSTMENT IN BOARD REPRESENTA10 TION.—Three years after the assessment of

11 Hass avocados commences pursuant to an

12 order, and at the end of each three-year period

13 thereafter, the Avocado Board shall adjust the

14 proportion of producer representatives to im15 porter representatives on the Board under sub16 paragraph (A)(iii) on the basis of the amount

17 of assessments collected from producers and im18 porters over the immediately preceding three19 year period. Any adjustment under this sub20 paragraph shall be subject to the review and

21 approval of the Secretary.

22 (3) NOMINATION PROCESS.—The order shall

23 provide that—

24 (A) 2 nominees shall be submitted for each

25 appointment to the Board;
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1 (B) nominations for each appointment of a

2 producer or an importer shall be made by do3 mestic producers or importers, respectively—

4 (i) in the case of producers, through

5 an election process which utilizes existing

6 organizations of avocado producers estab7 lished pursuant to a State statute, with ap8 proval by the Secretary; and

9 (ii) in the case of importers, nomina10 tions are submitted by importers under

11 such procedures as the Secretary deter12 mines appropriate; and

13 (C) in any case in which producers or im14 porters fail to nominate individuals for an ap15 pointment to the Board, the Secretary may ap16 point an individual to fill the vacancy on a basis

17 provided in the order or other regulations of the

18 Secretary.

19 (4) ALTERNATES.—The order shall provide for

20 the selection of alternate members of the Board by

21 the Secretary in accordance with procedures speci22 fied in the order.

23 (5) TERMS.—The order shall provide that—

24 (A) each term of appointment to the Board

25 shall be for 3 years, except that, of the initial
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1 appointments, 4 of the appointments shall be

2 for 2-year terms, 4 of the appointments shall be

3 for 3-year terms, and 4 of the appointments

4 shall be for 4-year terms; and

5 (B) no member of the Board may serve

6 more than 2 consecutive terms of three years,

7 except that any member serving an initial term

8 of 4 years may serve an additional term of 3

9 years.

10 (6) REPLACEMENT.—

11 (A) DISQUALIFICATION FROM BOARD

12 SERVICE.—The order shall provide that if a

13 member or alternate of the Board who was ap14 pointed as a domestic producer or importer

15 ceases to belong to the group for which such

16 member was appointed, such member or alter17 nate shall be disqualified from serving on the

18 Board.

19 (B) MANNER OF FILLING VACANCY.—A

20 vacancy arising as a result of disqualification or

21 any other reason before the expiration of the

22 term of office of an incumbent member or alter23 nate of the Board shall be filled in a manner

24 provided in the order.
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1 (7) COMPENSATION.—The order shall provide

2 that members and alternates of the Board shall

3 serve without compensation, but shall be reimbursed

4 for the reasonable expenses incurred in performing

5 duties as members or alternates of the Board.

6 (c) GENERAL RESPONSIBILITIES OF THE AVOCADO

7 BOARD.—The order shall define the general responsibil8 ities of the Avocado Board, which shall include the respon9 sibility to—

10 (1) administer the order in accordance with the

11 terms and provisions of the order;

12 (2) meet, organize, and select from among the

13 members of the Board a chairperson, other officers,

14 and committees and subcommittees, as the Board

15 determines to be appropriate;

16 (3) recommend to the Secretary rules and regu17 lations to effectuate the terms and provisions of the

18 order;

19 (4) employ such persons as the Board deter20 mines are necessary, and set the compensation and

21 define the duties of the persons;

22 (5)(A) develop budgets for the implementation

23 of the order and submit the budgets to the Secretary

24 for approval under subsection (d); and
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1 (B) propose and develop (or receive and evalu2 ate), approve, and submit to the Secretary for ap3 proval under subsection (d) plans or projects for

4 Hass avocado promotion, industry information, con5 sumer information, or related research;

6 (6)(A) implement plans and projects for Hass

7 avocado promotion, industry information, consumer

8 information, or related research, as provided in sub9 section (d); or

10 (B) contract or enter into agreements with ap11 propriate persons to implement the plans and

12 projects, as provided in subsection (e), and pay the

13 costs of the implementation, or contracts and agree14 ment, with funds received under the order;

15 (7) evaluate on-going and completed plans and

16 projects for Hass avocado promotion, industry infor17 mation, consumer information, or related research

18 and comply with the independent evaluation provi19 sions of the Commodity Promotion, Research, and

20 Information Act of 1996 (subtitle B of title V of

21 Public Law 104–127; 7 U.S.C. 7401 et seq.);

22 (8) receive, investigate, and report to the Sec23 retary complaints of violations of the order;

24 (9) recommend to the Secretary amendments to

25 the order;
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1 (10) invest, pending disbursement under a plan

2 or project, funds collected through assessments au3 thorized under this title only in—

4 (A) obligations of the United States or any

5 agency of the United States;

6 (B) general obligations of any State or any

7 political subdivision of a State;

8 (C) any interest-bearing account or certifi9 cate of deposit of a bank that is a member of

10 the Federal Reserve System; or

11 (D) obligations fully guaranteed as to prin12 cipal and interest by the United States, except

13 that income from any such invested funds may

14 be used only for a purpose for which the in15 vested funds may be used;

16 (11) borrow funds necessary for the startup ex17 penses of the order; and

18 (12) provide the Secretary such information as

19 the Secretary may require.

20 (d) BUDGETS; PLANS AND PROJECTS.—

21 (1) SUBMISSION OF BUDGETS.—The order shall

22 require the Board to submit to the Secretary for ap23 proval budgets, on a fiscal year basis, of the antici24 pated expenses and disbursements of the Board in

25 the implementation of the order, including the pro-
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1 jected costs of Hass avocado promotion, industry in2 formation, consumer information, and related re3 search plans and projects.

4 (2) PLANS AND PROJECTS.—

5 (A) PROMOTION AND CONSUMER INFORMA6 TION.—The order shall provide—

7 (i) for the establishment, implementa8 tion, administration, and evaluation of ap9 propriate plans and projects for adver10 tising, sales promotion, other promotion,

11 and consumer information with respect to

12 Hass avocados, and for the disbursement

13 of necessary funds for the purposes de14 scribed in this clause; and

15 (ii) that any plan or project referred

16 to in clause (i) shall be directed toward in17 creasing the general demand for Hass avo18 cados in the domestic marketplace.

19 (B) INDUSTRY INFORMATION.—The order

20 shall provide for the establishment, implementa21 tion, administration, and evaluation of appro22 priate plans and projects that will lead to the

23 development of new markets, maintain and ex24 pand existing markets, lead to the development

25 of new marketing strategies, or increase the ef-
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1 ficiency of the Hass avocado industry, and ac2 tivities to enhance the image of the Hass avo3 cado industry, and for the disbursement of nec4 essary funds for the purposes described in this

5 subparagraph.

6 (C) RESEARCH.—The order shall provide

7 for—

8 (i) the establishment, implementation,

9 administration, and evaluation of plans

10 and projects for market development re11 search, research with respect to the sale,

12 distribution, marketing, use, quality, or

13 nutritional value of Hass avocados, and

14 other research with respect to Hass avo15 cado marketing, promotion, industry infor16 mation or consumer information;

17 (ii) the dissemination of the informa18 tion acquired through the plans and

19 projects; and

20 (iii) the disbursement of such funds as

21 are necessary to carry out this subpara22 graph.

23 (D) SUBMISSION TO SECRETARY.—The

24 order shall provide that the Board shall submit

25 to the Secretary for approval a proposed plan
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1 or project for Hass avocados promotion, indus2 try information, consumer information, or re3 lated research, as described in subparagraphs

4 (A), (B), and (C).

5 (3) APPROVAL BY SECRETARY.—A budget,

6 plan, or project for Hass avocados promotion, indus7 try information, consumer information, or related re8 search may not be implemented prior to approval of

9 the budget, plan, or project by the Secretary. Not

10 later than 45 days after receipt of such a budget,

11 plan, or project, the Secretary shall notify the Board

12 whether the Secretary approves or disapproves the

13 budget, plan, or project. If the Secretary fails to

14 provide such notice before the end of the 45-day pe15 riod, the budget, plan, or project shall be deemed to

16 be approved and may be implemented by the Board.

17 (e) CONTRACTS AND AGREEMENTS.—

18 (1) PROMOTION, CONSUMER INFORMATION, IN19 DUSTRY INFORMATION AND RELATED RESEARCH

20 PLANS AND PROJECTS.—

21 (A) IN GENERAL.—To ensure the efficient

22 use of funds, the order shall provide that the

23 Board, with the approval of the Secretary, shall

24 enter into a contract or an agreement with an

25 avocado organization established by State stat-
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1 ute in a State with the majority of Hass avo2 cado production in the United States, for the

3 implementation of a plan or project for pro4 motion, industry information, consumer infor5 mation, or related research with respect to

6 Hass avocados, and for the payment of the cost

7 of the contract or agreement with funds re8 ceived by the Board under the order.

9 (B) REQUIREMENTS.—The order shall pro10 vide that any contract or agreement entered

11 into under this paragraph shall provide that—

12 (i) the contracting or agreeing party

13 shall develop and submit to the Board a

14 plan or project, together with a budget

15 that includes the estimated costs to be in16 curred for the plan or project;

17 (ii) the plan or project shall become

18 effective on the approval of the Secretary;

19 and

20 (iii) the contracting party or agreeing

21 party shall—

22 (I) keep accurate records of all

23 transactions of the party;

24 (II) account for funds received

25 and expended;
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1 (III) make periodic reports to the

2 Board of activities conducted; and

3 (IV) make such other reports as

4 the Board or the Secretary shall re5 quire.

6 (2) OTHER CONTRACTS AND AGREEMENTS.—

7 The order shall provide that the Board, with the ap8 proval of the Secretary, may enter into a contract or

9 agreement for administrative services. Any contract

10 or agreement entered into under this paragraph

11 shall include provisions comparable to the provisions

12 described in paragraph (1)(B).

13 (f) BOOKS AND RECORDS OF BOARD.—

14 (1) IN GENERAL.—The order shall require the

15 Board to—

16 (A) maintain such books and records

17 (which shall be available to the Secretary for in18 spection and audit) as the Secretary may re19 quire;

20 (B) prepare and submit to the Secretary,

21 from time to time, such reports as the Sec22 retary may require; and

23 (C) account for the receipt and disburse24 ment of all the funds entrusted to the Board,

25 including all assessment funds disbursed by the
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1 Board to a State organization of avocado pro2 ducers established pursuant to State law.

3 (2) AUDITS.—The Board shall cause the books

4 and records of the Board to be audited by an inde5 pendent auditor at the end of each fiscal year. A re6 port of each audit shall be submitted to the Sec7 retary.

8 (g) CONTROL OF ADMINISTRATIVE COSTS.—

9 (1) SYSTEM OF COST CONTROLS.—The order

10 shall provide that the Board shall, as soon as prac11 ticable after the order becomes effective and after

12 consultation with the Secretary and other appro13 priate persons, implement a system of cost controls

14 based on normally accepted business practices

15 that—

16 (A) will ensure that the costs incurred by

17 the Board in administering the order in any fis18 cal year shall not exceed 10 percent of the pro19 jected level of assessments to be collected by the

20 Board for that fiscal year; and

21 (B) cover the minimum administrative ac22 tivities and personnel needed to properly admin23 ister and enforce the order, and conduct, super24 vise, and evaluate plans and projects under the

25 order.
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1 (2) USE OF EXISTING PERSONNEL AND FACILI2 TIES.—The Board shall use, to the extent possible,

3 the resources, staffs, and facilities of existing organi4 zations, as provided in subsection (e)(1)(A).

5 (h) ASSESSMENTS.—

6 (1) AUTHORITY.—

7 (A) IN GENERAL.—The order shall provide

8 that each first handler shall remit to the Board,

9 in the manner provided in the order, an assess10 ment collected from the producer, except to the

11 extent that the sale is excluded from assess12 ments under paragraph (6). In the case of im13 ports, the assessment shall be levied upon im14 ports and remitted to the Board by Customs.

15 (B) PUBLISHED LISTS.—To facilitate the

16 payment of assessments under this paragraph,

17 the Board shall publish lists of first handlers

18 required to remit assessments under the order

19 and exempt handlers.

20 (C) MAKING DETERMINATIONS.—

21 (i) FIRST HANDLER STATUS.—The

22 order shall contain provisions regarding

23 the determination of the status of a person

24 as a first handler or exempt handler.
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1 (ii) PRODUCER-HANDLERS.—For pur2 poses of paragraph (3), a producer-handler

3 shall be considered the first handler of

4 those Hass avocados that are produced by

5 that producer-handler and packed by that

6 producer-handler for sale at wholesale or

7 retail.

8 (iii) IMPORTERS.—The assessment on

9 imported Hass avocados shall be paid by

10 the importer to Customs at the time of

11 entry into the United States and shall be

12 remitted by Customs to the Board. Impor13 tation occurs when Hass avocados origi14 nating outside the United States are re15 leased from custody of Customs and intro16 duced into the stream of commerce within

17 the United States. Importers include per18 sons who hold title to foreign-produced

19 Hass avocados immediately upon release

20 by Customs, as well as any persons who

21 act on behalf of others, as agents, brokers,

22 or consignees, to secure the release of Hass

23 avocados from Customs and the introduc24 tion of the released Hass avocados into the

25 current of commerce.
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1 (2) ASSESSMENT RATES.—With respect to as2 sessment rates, the order shall contain the following

3 terms:

4 (A) INITIAL RATE.—The rate of assess5 ment on Hass avocados shall be $.025 per

6 pound on fresh avocados or the equivalent rate

7 for processed avocados on which an assessment

8 has not been paid.

9 (B) CHANGES IN THE RATE.—

10 (i) IN GENERAL.—Once the order in

11 is effect, the uniform assessment rate may

12 be increased or decreased not more than

13 once annually, but in no event shall the

14 rate of assessment be in excess of $.05 per

15 pound.

16 (ii) REQUIREMENTS.—Any change in

17 the rate of assessment under this

18 subparagraph—

19 (I) may be made only if adopted

20 by the Board by an affirmative vote of

21 at least seven members of the Board

22 and approved by the Secretary as nec23 essary to achieve the objectives of this

24 title (after public notice and oppor25 tunity for comment in accordance
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1 with section 553 of title 5, United

2 States Code, and without regard to

3 sections 556 and 557 of such title);

4 (II) shall be announced by the

5 Board not less than 30 days prior to

6 going into effect; and

7 (III) shall not be subject to a

8 vote in a referendum conducted under

9 section 1206.

10 (3) COLLECTION BY FIRST HANDLERS.—Except

11 as provided in paragraph (1)(C)(iii), the first han12 dler of Hass avocados shall be responsible for the

13 collection of assessments from the producer under

14 this subsection. As part of the collection of assess15 ments, the first handler shall maintain a separate

16 record of the Hass avocados of each producer whose

17 Hass avocados are so handled, including the Hass

18 avocados produced by the first handler.

19 (4) TIMING OF SUBMITTING ASSESSMENTS.—

20 The order shall provide that each person required to

21 remit assessments under this subsection shall remit

22 to the Board the assessment due from each sale of

23 Hass avocados that is subject to an assessment with24 in such time period after the sale (not to exceed 60
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•HR 5426 IH

1 days after the end of the month in which the sale

2 took place) as is specified in the order.

3 (5) CLAIMING AN EXEMPTION FROM COL4 LECTING ASSESSMENTS.—To claim an exemption

5 under section 1203(6) as an exempt handler for a

6 particular fiscal year, a person shall submit an appli7 cation to the Board—

8 (A) stating the basis for such exemption;

9 and

10 (B) certifying such person will not pur11 chase Hass avocados in the United States on

12 which an assessment has not been paid for the

13 current fiscal year.

14 (6) EXCLUSION.—An order shall exclude from

15 assessments under the order any sale of Hass avoca16 dos for export from the United States.

17 (7) USE OF ASSESSMENT FUNDS.—The order

18 shall provide that assessment funds shall be used for

19 payment of costs incurred in implementing and ad20 ministering the order, with provision for a reason21 able reserve, and to cover the administrative costs

22 incurred by the Secretary in implementing and ad23 ministering this title, including any expenses in24 curred by the Secretary in conducting referenda

25 under this title, subject to subsection (i).
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1 (8) ASSESSMENT FUNDS FOR STATE ASSOCIA2 TION.—The order shall provide that a State organi3 zation of avocado producers established pursuant to

4 State law shall receive an amount equal to the prod5 uct obtained by multiplying the aggregate amount of

6 assessments attributable to the pounds of Hass avo7 cados produced in such State by 85 percent. The

8 State organization shall use such funds and any pro9 ceeds from the investment of such funds for financ10 ing domestic promotion, research, consumer infor11 mation, and industry information plans and projects,

12 except that no such funds shall be used for the ad13 ministrative expenses of such State organization.

14 (9) ASSESSMENT FUNDS FOR IMPORTERS ASSO15 CIATIONS.—

16 (A) IN GENERAL.—The order shall provide

17 that any importers association shall receive a

18 credit described in subparagraph (B) if such as19 sociation is—

20 (i) established pursuant to State law

21 that requires detailed State regulation

22 comparable to that applicable to the State

23 organization of United States avocado pro24 ducers, as determined by the Secretary; or
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•HR 5426 IH

1 (ii) certified by the Secretary as meet2 ing the requirements applicable to the

3 Board as to budgets, plans, projects, au4 dits, conflicts of interest, and reimburse5 ments for administrative costs incurred by

6 the Secretary.

7 (B) CREDIT.—An importers association

8 described in subparagraph (A) shall receive 85

9 percent of the assessments paid on Hass avoca10 dos imported by the members of such associa11 tion.

12 (C) USE OF FUNDS.—

13 (i) IN GENERAL.—Importers associa14 tions described in subparagraph (A) shall

15 use the funds described in subparagraph

16 (B) and proceeds from the investment of

17 such funds for financing promotion, re18 search, consumer information, and indus19 try information plans and projects in the

20 United States.

21 (ii) ADMINISTRATIVE EXPENSES.—No

22 funds described in subparagraph (C) shall

23 be used for the administrative expenses of

24 such importers association.
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1 (i) REIMBURSEMENT OF SECRETARY EXPENSES.—

2 The order shall provide for reimbursing the Secretary—

3 (1) for expenses not to exceed $25,000 incurred

4 by the Secretary in connection with any referendum

5 conducted under section 1206;

6 (2) for administrative costs incurred by the Sec7 retary for supervisory work of up to 2 employee

8 years annually after an order or amendment to any

9 order has been issued and made effective; and

10 (3) for costs incurred by the Secretary in imple11 mentation of the order issued under section 1204,

12 for enforcement of the title and the order, for subse13 quent referenda conducted under section 1206, and

14 in defending the Board in litigation arising out of

15 action taken by the Board.

16 (j) PROHIBITION ON BRAND ADVERTISING AND CER17 TAIN CLAIMS.—

18 (1) PROHIBITIONS.—Except as provided in

19 paragraph (2), a program or project conducted

20 under this title shall not—

21 (A) make any reference to private brand

22 names;

23 (B) make false, misleading, or disparaging

24 claims on behalf of Hass avocados; or
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1 (C) make false, misleading, or disparaging

2 statements with respect to the attributes or use

3 of any competing products.

4 (2) EXCEPTIONS.—Paragraph (1) does not pre5 clude the Board from offering its programs and

6 projects for use by commercial parties, under such

7 terms and conditions as the Board may prescribe as

8 approved by the Secretary. For the purposes of this

9 subsection, a reference to State of origin does not

10 constitute a reference to a private brand name with

11 regard to any funds credited to, or disbursed by the

12 Board to, a State organization of avocado producers

13 established pursuant to State law. Furthermore, for

14 the purposes of this section, a reference to either

15 State of origin or country of origin does not con16 stitute a reference to a private brand name with re17 gard to any funds credited to, or disbursed by the

18 Board to, any importers association established or

19 certified in accordance with subsection (h)(9)(A).

20 (k) PROHIBITION ON USE OF FUNDS TO INFLUENCE

21 GOVERNMENTAL ACTION.—

22 (1) IN GENERAL.—Except as otherwise pro23 vided in paragraph (2), the order shall prohibit any

24 funds collected by the Board under the order from
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1 being used in any manner for the purpose of influ2 encing legislation or government action or policy.

3 (2) EXCEPTION.—Paragraph (1) shall not

4 apply to the development or recommendation of

5 amendments to the order.

6 (l) PROHIBITION OF CONFLICT OF INTEREST.—The

7 Board may not engage in, and shall prohibit the employees

8 and agents of the Board from engaging in, any action that

9 would be a conflict of interest.

10 (m) BOOKS AND RECORDS; REPORTS.—

11 (1) IN GENERAL.—The order shall provide that

12 each first handler, producer, and importer subject to

13 the order shall maintain, and make available for in14 spection, such books and records as are required by

15 the order and file reports at the time, in the man16 ner, and having the content required by the order,

17 to the end that such information is made available

18 to the Secretary and the Board as is appropriate for

19 the administration or enforcement of this title, the

20 order, or any regulation issued under this title.

21 (2) CONFIDENTIALITY REQUIREMENT.—

22 (A) IN GENERAL.—Information obtained

23 from books, records, or reports under para24 graph (1) shall be kept confidential by all offi25 cers and employees of the Department of Agri-
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1 culture and by the staff and agents of the

2 Board.

3 (B) SUITS AND HEARINGS.—Information

4 described in subparagraph (A) may be disclosed

5 to the public only—

6 (i) in a suit or administrative hearing

7 brought at the request of the Secretary, or

8 to which the Secretary or any officer of the

9 United States is a party, involving the

10 order; and

11 (ii) to the extent the Secretary con12 siders the information relevant to the suit

13 or hearing.

14 (C) GENERAL STATEMENTS AND PUBLICA15 TIONS.—Nothing in this paragraph may be con16 strued to prohibit—

17 (i) the issuance of general statements,

18 based on the reports, of the number of per19 sons subject to the order or statistical data

20 collected from the reports, if the state21 ments do not identify the information fur22 nished by any person; or

23 (ii) the publication, by direction of the

24 Secretary, of the name of any person who

25 violates the order, together with a state-
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1 ment of the particular provisions of the

2 order violated by the person.

3 (3) LISTS OF IMPORTERS.—

4 (A) REVIEW.—The order shall provide that

5 the staff of the Board shall periodically review

6 lists of importers of Hass avocados to deter7 mine whether persons on the lists are subject to

8 the order.

9 (B) CUSTOMS SERVICE.—On the request of

10 the Secretary or the Board, the Commissioner

11 of the United States Customs Service shall pro12 vide to the Secretary or the Board lists of im13 porters of Hass avocados.

14 (n) CONSULTATIONS WITH INDUSTRY EXPERTS.—

15 (1) IN GENERAL.—The order shall provide that

16 the Board may seek advice from and consult with

17 experts from the production, import, wholesale, and

18 retail segments of the Hass avocado industry to as19 sist in the development of promotion, industry infor20 mation, consumer information, and related research

21 plans and projects.

22 (2) SPECIAL COMMITTEES.—

23 (A) IN GENERAL.—For the purposes de24 scribed in paragraph (1), the order shall au25 thorize the appointment of special committees
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1 composed of persons other than Board mem2 bers.

3 (B) CONSULTATION.—A committee ap4 pointed under subparagraph (A) shall consult

5 directly with the Board.

6 (o) OTHER TERMS OF THE ORDER.—The order shall

7 contain such other terms and provisions, consistent with

8 this title, as are necessary to carry out this title (including

9 provision for the assessment of interest and a charge for

10 each late payment of assessments under subsection (h)).

11 SEC. 1206. REFERENDA.

12 (a) REQUIREMENTS FOR INITIAL REFERENDUM.—

13 (1) REFERENDUM REQUIRED.—During the 60-

14 day period immediately preceding the proposed effec15 tive date of an order issued under section

16 1204(b)(3), the Secretary shall conduct a ref17 erendum among producers and importers required to

18 pay assessments under the order, as provided in sec19 tion 1205(h)(1).

20 (2) APPROVAL OF ORDER NEEDED.—The order

21 shall become effective only if the Secretary deter22 mines that the order has been approved by a simple

23 majority of all votes cast in the referendum.

24 (b) VOTES PERMITTED.—
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1 (1) IN GENERAL.—Each producer and importer

2 eligible to vote in a referendum conducted under this

3 section shall be entitled to cast 1 vote if they satisfy

4 the eligibility requirements as defined in paragraph

5 (2).

6 (2) ELIGIBILITY.—For purposes of paragraph

7 (1), producers and importers, as these terms are de8 fined in section 1203, shall be considered to be eligi9 ble to vote if they have been producers or importers

10 with sales of Hass avocados during a period of at

11 least 1 year prior to the referendum.

12 (c) MANNER OF CONDUCTING REFERENDA.—

13 (1) IN GENERAL.—Referenda conducted pursu14 ant to this title shall be conducted in a manner de15 termined by the Secretary.

16 (2) ADVANCE REGISTRATION.—A producer or

17 importer of Hass avocados who chooses to vote in

18 any referendum conducted under this title shall reg19 ister with the Secretary prior to the voting period,

20 after receiving notice from the Secretary concerning

21 the referendum under paragraph (4).

22 (3) VOTING.—A producer or importer of Hass

23 avocados who chooses to vote in any referendum

24 conducted under this title shall vote in accordance

25 with procedures established by the Secretary. The
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1 ballots and other information or reports that reveal

2 or tend to reveal the identity or vote of voters shall

3 be strictly confidential.

4 (4) NOTICE.—The Secretary shall notify all

5 producers and importers at least 30 days prior to

6 the referendum conducted under this title. The no7 tice shall explain the procedure established under

8 this subsection.

9 (d) SUBSEQUENT REFERENDA.—If an order is ap10 proved in a referendum conducted under subsection (a),

11 effective beginning on the date that is 3 years after the

12 date of the approval, the Secretary—

13 (1) at the discretion of the Secretary, may con14 duct at any time a referendum of producers and im15 porters required to pay assessments under the order,

16 as provided in section 1205(h)(1), subject to the vot17 ing requirements of subsections (b) and (c), to ascer18 tain whether eligible producers and importers favor

19 suspension, termination, or continuance of the order;

20 or

21 (2) shall conduct a referendum of eligible pro22 ducers and importers if requested by the Board or

23 by a representative group comprising 30 percent or

24 more of all producers and importers required to pay

25 assessments under the order, as provided in section
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1 1205(h)(1), subject to the voting requirements of

2 subsections (b) and (c), to ascertain whether pro3 ducers and importers favor suspension, termination,

4 or continuance of the order.

5 (e) SUSPENSION OR TERMINATION.—If, as a result

6 of a referendum conducted under subsection (d), the Sec7 retary determines that suspension or termination of the

8 order is favored by a simple majority of all votes cast in

9 the referendum, the Secretary shall—

10 (1) not later than 180 days after the ref11 erendum, suspend or terminate, as appropriate, col12 lection of assessments under the order; and

13 (2) suspend or terminate, as appropriate, activi14 ties under the order as soon as practicable and in

15 an orderly manner.

16 SEC. 1207. PETITION AND REVIEW.

17 (a) PETITION AND HEARING.—

18 (1) PETITION.—A person subject to an order

19 may file with the Secretary a petition—

20 (A) stating that the order, any provision of

21 the order, or any obligation imposed in connec22 tion with the order is not in accordance with

23 law; and

24 (B) requesting a modification of the order

25 or an exemption from the order.
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1 (2) HEARING.—The petitioner shall be given

2 the opportunity for a hearing on a petition filed

3 under paragraph (1), in accordance with regulations

4 issued by the Secretary. Any such hearing shall be

5 conducted in accordance with section 1209(b)(2) and

6 be held within the United States judicial district in

7 which the residence or principal place of business of

8 the person is located.

9 (3) RULING.—After a hearing under paragraph

10 (2), the Secretary shall make a ruling on the peti11 tion, which shall be final if in accordance with law.

12 (4) LIMITATION.—Any petition filed under this

13 subsection challenging an order, any provision of the

14 order, or any obligation imposed in connection with

15 the order, shall be filed within 2 years after the ef16 fective date of the order, provision, or obligation

17 subject to challenge in the petition.

18 (b) REVIEW.—

19 (1) COMMENCEMENT OF ACTION.—The district

20 courts of the United States in any district in which

21 a person who is a petitioner under subsection (a) re22 sides or conducts business shall have jurisdiction to

23 review the ruling of the Secretary on the petition of

24 the person, if a complaint requesting the review is
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1 filed no later than 20 days after the date of the

2 entry of the ruling by the Secretary.

3 (2) PROCESS.—Service of process in pro4 ceedings under this subsection shall be conducted in

5 accordance with the Federal Rules of Civil Proce6 dure.

7 (3) REMAND.—If the court in a proceeding

8 under this subsection determines that the ruling of

9 the Secretary on the petition of the person is not in

10 accordance with law, the court shall remand the

11 matter to the Secretary with directions—

12 (A) to make such ruling as the court shall

13 determine to be in accordance with law; or

14 (B) to take such further action as, in the

15 opinion the court, the law requires.

16 (c) ENFORCEMENT.—The pendency of proceedings

17 instituted under this section shall not impede, hinder, or

18 delay the Attorney General or the Secretary from obtain19 ing relief under section 1208.

20 SEC. 1208. ENFORCEMENT.

21 (a) JURISDICTION.—A district court of the United

22 States shall have jurisdiction to enforce, and to prevent

23 and restrain any person from violating, this title or an

24 order or regulation issued by the Secretary under this

25 title.
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1 (b) REFERRAL TO ATTORNEY GENERAL.—A civil ac2 tion brought under subsection (a) shall be referred to the

3 Attorney General for appropriate action, except that the

4 Secretary is not required to refer to the Attorney General

5 a violation of this title, or an order or regulation issued

6 under this title, if the Secretary believes that the adminis7 tration and enforcement of this title would be adequately

8 served by administrative action under subsection (c) or

9 suitable written notice or warning to the person who com10 mitted or is committing the violation.

11 (c) CIVIL PENALTIES AND ORDERS.—

12 (1) CIVIL PENALTIES.—

13 (A) IN GENERAL.—A person who violates a

14 provision of this title, or an order or regulation

15 issued by the Secretary under this title, or who

16 fails or refuses to pay, collect, or remit any as17 sessment or fee required of the person under an

18 order or regulation issued under this title, may

19 be assessed by the Secretary—

20 (i) a civil penalty of not less than

21 $1,000 nor more than $10,000 for each

22 violation; and

23 (ii) in the case of a willful failure to

24 remit an assessment as required by an
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1 order or regulation, an additional penalty

2 equal to the amount of the assessment.

3 (B) SEPARATE OFFENSES.—Each violation

4 shall be a separate offense.

5 (2) CEASE AND DESIST ORDERS.—In addition

6 to or in lieu of a civil penalty under paragraph (1),

7 the Secretary may issue an order requiring a person

8 to cease and desist from continuing a violation of

9 this title, or an order or regulation issued under this

10 title.

11 (3) NOTICE AND HEARING.—No penalty shall

12 be assessed, or cease and desist order issued, by the

13 Secretary under this subsection unless the Secretary

14 gives the person against whom the penalty is as15 sessed or the order is issued notice and opportunity

16 for a hearing before the Secretary with respect to

17 the violation. Any such hearing shall be conducted in

18 accordance with section 1209(b)(2) and shall be held

19 within the United States judicial district in which

20 the residence or principal place of business of the

21 person is located.

22 (4) FINALITY.—The penalty assessed or cease

23 and desist order issued under this subsection shall

24 be final and conclusive unless the person against

25 whom the penalty is assessed or the order is issued
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1 files an appeal with the appropriate district court of

2 the United States in accordance with subsection (d).

3 (d) REVIEW BY DISTRICT COURT.—

4 (1) COMMENCEMENT OF ACTION.—

5 (A) IN GENERAL.—Any person against

6 whom a violation is found and a civil penalty is

7 assessed or a cease and desist order is issued

8 under subsection (c) may obtain review of the

9 penalty or order by, within the 30-day period

10 beginning on the date the penalty is assessed or

11 the order is issued—

12 (i) filing a notice of appeal in the dis13 trict court of the United States for the dis14 trict in which the person resides or con15 ducts business, or in the United States

16 District Court for the District of Colum17 bia; and

18 (ii) sending a copy of the notice by

19 certified mail to the Secretary.

20 (B) COPY OF RECORD.—The Secretary

21 shall promptly file in the court a certified copy

22 of the record on which the Secretary found that

23 the person had committed a violation.

24 (2) STANDARD OF REVIEW.—A finding of the

25 Secretary shall be set aside under this subsection
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1 only if the finding is found to be unsupported by

2 substantial evidence.

3 (e) FAILURE TO OBEY AN ORDER.—

4 (1) IN GENERAL.—A person who fails to obey

5 a cease and desist order issued under subsection (c)

6 after the order has become final and unappealable,

7 or after the appropriate United States district court

8 had entered a final judgment in favor of the Sec9 retary of not more than $10,000 for each offense,

10 after opportunity for a hearing and for judicial re11 view under the procedures specified in subsections

12 (c) and (d).

13 (2) SEPARATE VIOLATIONS.—Each day during

14 which the person fails to obey an order described in

15 paragraph (1) shall be considered as a separate vio16 lation of the order.

17 (f) FAILURE TO PAY A PENALTY.—

18 (1) IN GENERAL.—If a person fails to pay a

19 civil penalty assessed under subsection (c) or (e)

20 after the penalty has become final and unappealable,

21 or after the appropriate United States district court

22 has entered final judgment in favor of the Secretary,

23 the Secretary shall refer the matter to the Attorney

24 General for recovery of the amount assessed in any
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1 United States district court in which the person re2 sides or conducts business.

3 (2) SCOPE OF REVIEW.—In an action by the

4 Attorney General under paragraph (1), the validity

5 and appropriateness of a civil penalty shall not be

6 subject to review.

7 (g) ADDITIONAL REMEDIES.—The remedies provided

8 in this title shall be in addition to, and not exclusive of,

9 other remedies that may be available.

10 SEC. 1209. INVESTIGATIONS AND POWER TO SUBPOENA.

11 (a) INVESTIGATIONS.—The Secretary may conduct

12 such investigations as the Secretary considers necessary

13 for the effective administration of this title, or to deter14 mine whether any person has engaged or is engaging in

15 any act that constitutes a violation of this title or any

16 order or regulation issued under this title.

17 (b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—

18 (1) INVESTIGATIONS.—For the purpose of con19 ducting an investigation under subsection (a), the

20 Secretary may administer oaths and affirmations,

21 subpoena witnesses, compel the attendance of wit22 nesses, take evidence, and require the production of

23 any records that are relevant to the inquiry. The

24 production of the records may be required from any

25 place in the United States.
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1 (2) ADMINISTRATIVE HEARINGS.—For the pur2 pose of an administrative hearing held under section

3 1207(a)(2) or 1208(c)(3), the presiding officer may

4 administer oaths and affirmations, subpoena wit5 nesses, compel the attendance of witnesses, take evi6 dence, and require the production of any records

7 that are relevant to the inquiry. The attendance of

8 witnesses and the production of the records may be

9 required from any place in the United States.

10 (c) AID OF COURTS.—

11 (1) IN GENERAL.—In the case of contumacy by,

12 or refusal to obey a subpoena issued under sub13 section (b) to, any person, the Secretary may invoke

14 the aid of any court of the United States within the

15 jurisdiction of which the investigation or proceeding

16 is conducted, or where the person resides or con17 ducts business, in order to enforce a subpoena issued

18 under subsection (b).

19 (2) ORDER.—The court may issue an order re20 quiring the person referred to in a paragraph (1) to

21 comply with a subpoena referred to in paragraph

22 (1).

23 (3) FAILURE TO OBEY.—Any failure to obey

24 the order of the court may be punished by the court

25 as a contempt of court.
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1 (4) PROCESS.—Process in any proceeding

2 under this subsection may be served in the United

3 States judicial district in which the person being

4 proceeded against resides or conducts business, or

5 wherever the person may be found.

6 SEC. 1210. CONFIDENTIALITY.

7 (a) PROHIBITION.—No information regarding names

8 of voters or how a person voted in a referendum conducted

9 under this title shall be made public.

10 (b) PENALTY.—Any person who knowingly violates

11 subsection (a) or the confidentiality terms of an order, as

12 described in section 1205(m)(2), shall be subject to a fine

13 of not less that $1,000 nor more than $10,000 or to im14 prisonment for not more than 1 year, or both. If the per15 son is an officer or employee of the Department of Agri16 culture or the Board, the person shall be removed from

17 office.

18 (c) ADDITIONAL PROHIBITION.—No information ob19 tained under this title may be made available to any agen20 cy or officer of the Federal Government for any purpose

21 other than the implementation of this title or an investiga22 tory or enforcement action necessary for the implementa23 tion of this title.
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1 (d) WITHHOLDING INFORMATION FROM CONGRESS

2 PROHIBITED.—Nothing in this title shall be construed to

3 authorize the withholding of information from Congress.

4 SEC. 1211. AUTHORITY FOR SECRETARY TO SUSPEND OR

5 TERMINATE ORDER.

6 (a) GROUNDS FOR SUSPENSION OR TERMINATION.—

7 If the Secretary finds that an order, or any provision of

8 the order, obstructs or does not tend to effectuate the pol9 icy of this title specified in section 1202(b), the Secretary

10 shall terminate or suspend the operation of the order or

11 provision under such terms as the Secretary determines

12 are appropriate.

13 (b) EFFECT OF LACK OF APPROVAL OF ORDER.—

14 If, as a result of a referendum, the Secretary determines

15 that the order is not approved, the Secretary shall, within

16 180 days after making the determination, suspend, or ter17 minate, as appropriate, collection of assessments under

18 the order, and suspend or terminate, as appropriate, ac19 tivities under the order in an orderly manner as soon as

20 possible.

21 SEC. 1212. RULES OF CONSTRUCTION.

22 (a) TERMINATION OR SUSPENSION NOT AN

23 ORDER.—The termination or suspension of an order, or

24 a provision of an order, shall not be considered an order

25 under the meaning of this title.
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1 (b) RIGHTS.—This title—

2 (1) may not be construed to provide for control

3 of production or otherwise limit the right of indi4 vidual Hass avocado growers, handlers and import5 ers to produce, handle, or import Hass avocados;

6 and

7 (2) shall be construed to treat all persons pro8 ducing, handling, and importing Hass avocados fair9 ly and to implement any order in an equitable man10 ner.

11 (c) OTHER PROGRAMS.—Nothing in this title may be

12 construed to preempt or supersede any other program re13 lating to Hass avocado promotion, research, industry in14 formation, and consumer information organized and oper15 ated under the laws of the United States or of a State.

16 SEC. 1213. REGULATIONS.

17 The Secretary may issue such regulations as are nec18 essary to carry out this title and the powers vested in the

19 Secretary by this title, including regulations relating to the

20 assessment of late payment charges and interest.

21 SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.

22 (a) IN GENERAL.—There are authorized to be appro23 priated for each fiscal year such sums as are necessary

24 to carry out this title.
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1 (b) ADMINISTRATIVE EXPENSES.—Funds appro2 priated under subsection (a) may not be used for the pay3 ment of the expenses or expenditures of the Board in ad4 ministering a provision of an order.

5 TITLE XIII—DEBT REDUCTION

6 DEPARTMENT OF THE TREASURY

7 BUREAU OF THE PUBLIC DEBT

8 GIFTS TO THE UNITED STATES FOR REDUCTION OF THE

9 PUBLIC DEBT

10 For deposit of an additional amount for fiscal year

11 2001 into the account established under section 3113(d)

12 of title 31, United States Code, to reduce the public debt,

13 $5,000,000,000.

14 This Act may be cited as the ‘‘Agriculture, Rural De15 velopment, Food and Drug Administration, and Related

16 Agencies Appropriations Act, 2001’’.

Æ