67–139

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–948

MAKING APPROPRIATIONS FOR AGRICULTURE RURAL DEVELOPMENT,

FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001 AND FOR

OTHER PURPOSES

OCTOBER 6, 2000.—Ordered to be printed

Mr. SKEEN, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 4461]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 4461)

‘‘making appropriations for Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies programs for the

fiscal year ending September 30, 2001, and for other purposes’’,

having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

SECTION 1. (a) The provisions of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into

law.

2

(b) In publishing this Act in slip form and in the United States

Statutes at Large pursuant to section 112, of title 1, United States

Code, the Archivist of the United States shall include after the date

of approval at the end an appendix setting forth the text of the bill

referred to in subsection (a) of this section.

And the Senate agree to the same.

JOE SKEEN, JAMES T. WALSH, JAY DICKEY, JACK KINGSTON, GEORGE R. NETHERCUTT, Jr.,

HENRY BONILLA, TOM LATHAM, JO ANN EMERSON, C.W. BILL YOUNG, Managers on the Part of the House.

THAD COCHRAN,

ARLEN SPECTER,

CHRISTOPHER S. BOND,

SLADE GORTON,

MITCH MCCONNELL,

CONRAD BURNS,

TED STEVENS,

HERB KOHL,

TOM HARKIN

(except for Cuba and drug

reimportation),

BYRON L. DORGAN,

DIANNE FEINSTEIN,

ROBERT C. BYRD,

Managers on the Part of the Senate.

(3)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 4461) making appropriations

for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2001, and for other purposes, submit the following joint

statement to the House and Senate in explanation of the effect of

the action agreed upon by the managers and recommended in the

accompanying conference report.

The conference agreement would enact the provisions of H.R.

5426 as introduced on October 6, 2000. The text of that bill follows:

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

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That the following

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and

Drug Administration, and Related Programs for the fiscal year ending September 30, 2001, and for other purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

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

3109, $2,914,000: Provided, That not to exceed $11,000 of this

amount shall be available for official reception and representation

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

otherwise made available by this Act may be used to pay the salaries and expenses of personnel of the Department of Agriculture to

carry out section 793(c)(1)(C) of Public Law 104–127: Provided further, That none of the funds made available by this Act may be used

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

4

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

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

new uses, and the functions of the World Agricultural Outlook

Board, as authorized by the Agricultural Marketing Act of 1946 (7

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

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

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

U.S.C. 3109, $7,462,000.

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, including employment pursuant to the second sentence of section

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

exceed $25,000 is for employment under 5 U.S.C. 3109, $12,421,000.

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program

Analysis, including employment pursuant to the second sentence of

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

not to exceed $5,000 is for employment under 5 U.S.C. 3109,

$6,765,000.

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information Officer, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not

to exceed $10,000 is for employment under 5 U.S.C. 3109,

$10,051,000.

COMMON COMPUTING ENVIRONMENT

For necessary expenses to acquire a Common Computing Environment for the Natural Resources Conservation Service, the Farm

and Foreign Agricultural Service and Rural Development mission

areas for information technology, systems, and services,

$40,000,000, to remain available until expended, for the capital

asset acquisition of shared information technology systems, including services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C. 1421–

28: Provided, That obligation of these funds shall be consistent with

the Department of Agriculture Service Center Modernization Plan of

the county-based agencies, and shall be with the concurrence of the

Department’s Chief Information Officer.

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Officer, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not

to exceed $10,000 is for employment under 5 U.S.C. 3109,

$5,171,000: Provided, That the Chief Financial Officer shall actively

market cross-servicing activities of the National Finance Center.

5

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

For necessary salaries and expenses of the Office of the Assistant Secretary for Administration to carry out the programs funded

by this Act, $629,000.

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to Public Law 92–313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the

Department of Agriculture under 40 U.S.C. 486, for programs and

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

the operation, maintenance, improvement, and repair of Agriculture

buildings, $182,747,000, to remain available until expended: Provided, That in the event an agency within the Department should

require modification of space needs, the Secretary of Agriculture

may transfer a share of that agency’s appropriation made available

by this Act to this appropriation, or may transfer a share of this appropriation to that agency’s appropriation, but such transfers shall

not exceed 5 percent of the funds made available for space rental

and related costs to or from this account.

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to

comply with the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq., and the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.,

$15,700,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of

the Department for its use in meeting all requirements pursuant to

the above Acts on Federal and non-Federal lands.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $36,010,000, to provide for

necessary expenses for management support services to offices of the

Department and for general administration and disaster management of the Department, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and

necessary for the practical and efficient work of the Department, including employment pursuant to the second sentence of section

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

exceed $10,000 is for employment under 5 U.S.C. 3109: Provided,

That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of

hearings as required by 5 U.S.C. 551–558.

6

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

For grants and contracts pursuant to section 2501 of the Food,

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),

$3,000,000, to remain available until expended.

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs

funded by this Act, including programs involving intergovernmental

affairs and liaison within the executive branch, $3,568,000: Provided, That these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel

at the agency level: Provided further, That no other funds appropriated to the Department by this Act shall be available to the Department for support of activities of congressional relations.

OFFICE OF COMMUNICATIONS

For necessary expenses to carry out services relating to the coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information, work, and programs authorized by Congress in the Department, $8,623,000, including employment pursuant to the second

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

2225), of which not to exceed $10,000 shall be available for employment under 5 U.S.C. 3109, and not to exceed $2,000,000 may be

used for farmers’ bulletins.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section

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

General Act of 1978, $68,867,000, including such sums as may be

necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector

General Act of 1978, including not to exceed $50,000 for employment under 5 U.S.C. 3109; and including not to exceed $125,000 for

certain confidential operational expenses, including the payment of

informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law

97–98.

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, $31,080,000.

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary salaries and expenses of the Office of the Under

Secretary for Research, Education and Economics to administer the

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laws enacted by the Congress for the Economic Research Service, the

National Agricultural Statistics Service, the Agricultural Research

Service, and the Cooperative State Research, Education, and Extension Service, $556,000.

ECONOMIC RESEARCH SERVICE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Economic Research Service in conducting economic research and analysis, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other

laws, $67,038,000: Provided, That $1,000,000 shall be transferred

to and merged with the appropriation for ‘‘Food and Nutrition Service, Food Program Administration’’ for studies and evaluations: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics

Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, marketing surveys, and the Census of Agriculture, as

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

laws, $100,772,000, of which up to $15,000,000 shall be available

until expended for the Census of Agriculture: Provided, That this

appropriation shall be available for employment pursuant to the

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

U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to enable the Agricultural Research

Service to perform agricultural research and demonstration relating

to production, utilization, marketing, and distribution (not otherwise provided for); home economics or nutrition and consumer use

including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for

land exchanges where the lands exchanged shall be of equal value

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

shall not exceed 25 percent of the total value of the land or interests

transferred out of Federal ownership, $898,812,000: Provided, That

appropriations hereunder shall be available for temporary employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall

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

That appropriations hereunder shall be available for the operation

and maintenance of aircraft and the purchase of not to exceed one

for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00007 Fmt 6604 Sfmt 6603 E:\HR\OC\HR948.003 pfrm01 PsN: HR948
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less otherwise provided, the cost of constructing any one building

shall not exceed $375,000, except for headhouses or greenhouses

which shall each be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000

each, and the cost of altering any one building during the fiscal

year shall not exceed 10 percent of the current replacement value of

the building or $375,000, whichever is greater: Provided further,

That the limitations on alterations contained in this Act shall not

apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder

shall be available for granting easements at the Beltsville Agricultural Research Center, including an easement to the University of

Maryland to construct the Transgenic Animal Facility which upon

completion shall be accepted by the Secretary as a gift: Provided

further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21

U.S.C. 113a): Provided further, That funds may be received from

any State, other political subdivision, organization, or individual

for the purpose of establishing or operating any research facility or

research project of the Agricultural Research Service, as authorized

by law.

None of the funds in the foregoing paragraph shall be available

to carry out research related to the production, processing or marketing of tobacco or tobacco products.

In fiscal year 2001, the agency is authorized to charge fees,

commensurate with the fair market value, for any permit, easement,

lease, or other special use authorization for the occupancy or use of

land and facilities (including land and facilities at the Beltsville

Agricultural Research Center) issued by the agency, as authorized

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

remain available until expended for authorized purposes.

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as

necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $74,200,000,

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

funds may be received from any State, other political subdivision,

organization, or individual for the purpose of establishing any research facility of the Agricultural Research Service, as authorized

by law.

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses,

$506,193,000, as follows: to carry out the provisions of the Hatch

Act (7 U.S.C. 361a–i), $180,545,000; for grants for cooperative forestry research (16 U.S.C. 582a–a7), $21,932,000; for payments to the

1890 land-grant colleges, including Tuskegee University (7 U.S.C.

3222), $32,676,000, of which $1,000,000 shall be made available to

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West Virginia State College in Institute, West Virginia; for special

grants for agricultural research (7 U.S.C. 450i(c)), $85,669,000; for

special grants for agricultural research on improved pest control (7

U.S.C. 450i(c)), $13,721,000; for competitive research grants (7

U.S.C. 450i(b)), $106,000,000; for the support of animal health and

disease programs (7 U.S.C. 3195), $5,109,000; for supplemental and

alternative crops and products (7 U.S.C. 3319d), $800,000; for

grants for research pursuant to the Critical Agricultural Materials

Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 3318), $640,000, to remain available

until expended; for the 1994 research program (7 U.S.C. 301 note),

$1,000,000, to remain available until expended; for higher education

graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,000,000, to remain available until expended (7 U.S.C. 2209b); for higher education challenge grants (7 U.S.C. 3152(b)(1)), $4,350,000; for a

higher education multicultural scholars program (7 U.S.C.

3152(b)(5)), $1,000,000, to remain available until expended (7

U.S.C. 2209b); for an education grants program for Hispanic-serving Institutions (7 U.S.C. 3241), $3,500,000; for a program of noncompetitive grants, to be awarded on an equal basis, to Alaska Native-serving and Native Hawaiian-serving Institutions to carry out

higher education programs (7 U.S.C. 3242), $3,000,000; for a secondary agriculture education program and 2-year post-secondary

education (7 U.S.C. 3152(h)), $800,000; for aquaculture grants (7

U.S.C. 3322), $4,000,000; for sustainable agriculture research and

education (7 U.S.C. 5811), $9,250,000; for a program of capacity

building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive

funds under the Act of August 30, 1890 (7 U.S.C. 321–326 and 328),

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

until expended (7 U.S.C. 2209b); for payments to the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103–382,

$1,552,000; and for necessary expenses of Research and Education

Activities, of which not to exceed $100,000 shall be for employment

under 5 U.S.C. 3109, $18,149,000.

None of the funds in the foregoing paragraph shall be available

to carry out research related to the production, processing or marketing of tobacco or tobacco products: Provided, That this paragraph shall not apply to research on the medical, biotechnological,

food, and industrial uses of tobacco.

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $7,100,000: Provided, That hereafter, any distribution of the adjusted income from

the Native American Institutions Endowment Fund is authorized to

be used for facility renovation, repair, construction, and maintenance, in addition to other authorized purposes.

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico,

Guam, the Virgin Islands, Micronesia, Northern Marianas, and

American Samoa, $433,429,000, as follows: payments for cooperative extension work under the Smith-Lever Act, to be distributed

under sections 3(b) and 3(c) of said Act, and under section 208(c)

10

of Public Law 93–471, for retirement and employees’ compensation

costs for extension agents and for costs of penalty mail for cooperative extension agents and State extension directors, $276,548,000;

payments for extension work at the 1994 Institutions under the

Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,280,000; payments for the

nutrition and family education program for low-income areas under

section 3(d) of the Act, $58,695,000; payments for the pest management program under section 3(d) of the Act, $10,783,000; payments

for the farm safety program under section 3(d) of the Act,

$4,000,000; payments to upgrade research, extension, and teaching

facilities at the 1890 land-grant colleges, including Tuskegee University, as authorized by section 1447 of Public Law 95–113 (7

U.S.C. 3222b), $12,200,000, to remain available until expended;

payments for the rural development centers under section 3(d) of the

Act, $908,000; payments for youth-at-risk programs under section

3(d) of the Act, $8,500,000; for youth farm safety education and certification extension grants, to be awarded competitively under section 3(d) of the Act, $500,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978, $3,192,000;

payments for Indian reservation agents under section 3(d) of the

Act, $2,000,000; payments for sustainable agriculture programs

under section 3(d) of the Act, $3,800,000; payments for rural health

and safety education as authorized by section 2390 of Public Law

101–624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments for cooperative extension work by the colleges receiving the benefits of the

second Morrill Act (7 U.S.C. 321–326 and 328) and Tuskegee University, $28,243,000, of which $1,000,000 shall be made available to

West Virginia State College in Institute, West Virginia; and for Federal administration and coordination including administration of

the Smith-Lever Act, and the Act of September 29, 1977 (7 U.S.C.

341–349), and section 1361(c) of the Act of October 3, 1980 (7 U.S.C.

301 note), and to coordinate and provide program leadership for the

extension work of the Department and the several States and insular possessions, $18,152,000: Provided, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of the Act of June 23, 1972, shall not be paid to any State,

the District of Columbia, Puerto Rico, Guam, or the Virgin Islands,

Micronesia, Northern Marianas, and American Samoa prior to

availability of an equal sum from non-Federal sources for expenditure during the current fiscal year.

INTEGRATED ACTIVITIES

For the integrated research, education, and extension competitive grants programs, including necessary administrative expenses,

as authorized under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),

$41,941,000, as follows: payments for the water quality program,

$13,000,000; payments for the food safety program, $15,000,000;

payments for the national agriculture pesticide impact assessment

program, $4,541,000; payments for the Food Quality Protection Act

risk mitigation program for major food crop systems, $4,900,000;

payments for the crops affected by Food Quality Protection Act implementation, $1,500,000; payments for the methyl bromide transiVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00010 Fmt 6604 Sfmt 6603 E:\HR\OC\HR948.006 pfrm01 PsN: HR948
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tion program, $2,500,000; and payments for the organic transition

program, $500,000.

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary salaries and expenses of the Office of the Under

Secretary for Marketing and Regulatory Programs to administer

programs under the laws enacted by the Congress for the Animal

and Plant Health Inspection Service; the Agricultural Marketing

Service; and the Grain Inspection, Packers and Stockyards Administration; $635,000.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

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

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

to discharge the authorities of the Secretary of Agriculture under the

Acts of March 2, 1931 (46 Stat. 1468) and December 22, 1987 (101

Stat. 1329–1331) (7 U.S.C. 426–426c); and to protect the environment, as authorized by law, $530,564,000, of which $4,105,000

shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds to

the extent necessary to meet emergency conditions; of which

$59,400,000 shall be used for the boll weevil eradication program

for cost share purposes or for debt retirement for active eradication

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

that does not require minimum matching by the States of at least

40 percent: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section

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

$40,000 shall be available for employment under 5 U.S.C. 3109:

Provided further, That this appropriation shall be available for the

operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That, in addition, in emergencies which threaten any segment

of the agricultural production industry of this country, the Secretary

may transfer from other appropriations or funds available to the

agencies or corporations of the Department such sums as may be

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

arrest and eradication of contagious or infectious disease or pests of

animals, poultry, or plants, and for expenses in accordance with the

Act of February 28, 1947, and section 102 of the Act of September

21, 1944, and any unexpended balances of funds transferred for

such emergency purposes in the preceding fiscal year shall be

merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C.

2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one

12

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

current replacement value of the building: Provided further, That

not to exceed $1,000,000 of the funds available under this heading

for wildlife services methods development may be used by the Secretary of Agriculture to conduct pilot projects in up to four States

representative of wildlife predation of livestock in connection with

farming operations for direct assistance in the application of nonlethal predation control methods: Provided further, That the General Accounting Office shall report to the Committees on Appropriations by November 30, 2001, on the Department’s compliance with

this provision and on the effectiveness of the non-lethal measures.

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

cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and

international organizations, foreign governments, or individuals,

provided that such fees are structured such that any entity’s liability

for such fees is reasonably based on the technical assistance, goods,

or services provided to the entity by the agency, and such fees shall

be credited to this account, to remain available until expended,

without further appropriation, for providing such assistance, goods,

or services.

Of the total amount available under this heading in fiscal year 2001, $85,000,000 shall be derived from user fees deposited in the

Agricultural Quarantine Inspection User Fee Account.

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C.

2250, and acquisition of land as authorized by 7 U.S.C. 428a,

$9,870,000, to remain available until expended.

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses to carry out services related to consumer

protection, agricultural marketing and distribution, transportation,

and regulatory programs, as authorized by law, and for administration and coordination of payments to States, including field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $90,000 for employment under 5 U.S.C. 3109, $65,335,000, including funds for the

wholesale market development program for the design and development of wholesale and farmer market facilities for the major metropolitan areas of the country: Provided, That this appropriation shall

be available pursuant to law (7 U.S.C. 2250) for the alteration and

repair of buildings and improvements, but the cost of altering any

one building during the fiscal year shall not exceed 10 percent of the

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

only after promulgation of a final rule on a National Organic

Standards Program, $639,000 of this amount shall be available for

the Expenses and Refunds, Inspection and Grading of Farm Products fund account for the cost of the National Organic Standards

Program and such funds shall remain available until expended.

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Fees may be collected for the cost of standardization activities,

as established by regulation pursuant to law (31 U.S.C. 9701).

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $60,730,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to

10 percent with notification to the Committees on Appropriations of

both Houses of Congress.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

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

(7 U.S.C. 612c), shall be used only for commodity program expenses

as authorized therein, and other related operating expenses, except

for: (1) transfers to the Department of Commerce as authorized by

the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise

provided in this Act; and (3) not more than $13,438,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the

Agricultural Act of 1961.

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities

under section 204(b) of the Agricultural Marketing Act of 1946 (7

U.S.C. 1623(b)), $1,350,000.

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United

States Grain Standards Act, for the administration of the Packers

and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related

to grain under the Agricultural Marketing Act of 1946, including

field employment pursuant to the second sentence of section 706(a)

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

$25,000 for employment under 5 U.S.C. 3109, $31,420,000: Provided, That this appropriation shall be available pursuant to law

(7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value

of the building.

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,557,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing

services: Provided, That if grain export activities require additional

supervision and oversight, or other uncontrollable factors occur, this

14

limitation may be exceeded by up to 10 percent with notification to

the Committees on Appropriations of both Houses of Congress.

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary salaries and expenses of the Office of the Under

Secretary for Food Safety to administer the laws enacted by the

Congress for the Food Safety and Inspection Service, $460,000.

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by the

Federal Meat Inspection Act, the Poultry Products Inspection Act,

and the Egg Products Inspection Act, including not to exceed

$50,000 for representation allowances and for expenses pursuant to

section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),

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

for Federal food inspection; and in addition, $1,000,000 may be

credited to this account from fees collected for the cost of laboratory

accreditation as authorized by section 1017 of Public Law 102–237:

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

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

further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall

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

That this appropriation shall be available pursuant to law (7

U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal

year shall not exceed 10 percent of the current replacement value of

the building: Provided further, That from amounts appropriated

under this heading not needed for federal food inspection, up to

$6,000,000 may be used to liquidate obligations incurred in previous years, to the extent approved by the Director of the Office of

Management and Budget based on documentation provided by the

Secretary of Agriculture.

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Farm and Foreign Agricultural Services to administer

the laws enacted by Congress for the Farm Service Agency, the Foreign Agricultural Service, the Risk Management Agency, and the

Commodity Credit Corporation, $589,000.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration and

implementation of programs administered by the Farm Service

Agency, $828,385,000: Provided, That the Secretary is authorized to

use the services, facilities, and authorities (but not the funds) of the

Commodity Credit Corporation to make program payments for all

15

programs administered by the Agency: Provided further, That other

funds made available to the Agency for authorized activities may be

advanced to and merged with this account: Provided further, That

these funds shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.

2225), and not to exceed $1,000,000 shall be available for employment under 5 U.S.C. 3109.

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit

Act of 1987 (7 U.S.C. 5101–5106), $3,000,000.

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments

to dairy farmers for milk or cows producing such milk and manufacturers of dairy products who have been directed to remove their

milk or dairy products from commercial markets because it contained residues of chemicals registered and approved for use by the

Federal Government, and in making indemnity payments for milk,

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

farmer who is directed to remove his milk from commercial markets

because of: (1) the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer; or

(2) residues of chemicals or toxic substances not included under the

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

chemicals or toxic substances were not used in a manner contrary

to applicable regulations or labeling instructions provided at the

time of use and the contamination is not due to the fault of the

farmer, $450,000, to remain available until expended (7 U.S.C.

2209b): Provided, That none of the funds contained in this Act shall

be used to make indemnity payments to any farmer whose milk was

removed from commercial markets as a result of the farmer’s willful

failure to follow procedures prescribed by the Federal Government:

Provided further, That this amount shall be transferred to the Commodity Credit Corporation: Provided further, That the Secretary is

authorized to utilize the services, facilities, and authorities of the

Commodity Credit Corporation for the purpose of making dairy indemnity disbursements.

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

guaranteed loans as authorized by 7 U.S.C. 1928–1929, to be available from funds in the Agricultural Credit Insurance Fund, as follows: farm ownership loans, $998,000,000, of which $870,000,000

shall be for guaranteed loans; operating loans, $1,972,741,000, of

which $1,077,839,000 shall be for unsubsidized guaranteed loans

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

tribe land acquisition loans as authorized by 25 U.S.C. 488,

$2,006,000; for emergency insured loans, $25,000,000 to meet the

16

needs resulting from natural disasters; and for boll weevil eradication program loans as authorized by 7 U.S.C. 1989, $100,000,000.

For the cost of direct and guaranteed loans, including the cost

of modifying loans as defined in section 502 of the Congressional

Budget Act of 1974, as follows: farm ownership loans, $18,223,000,

of which $4,437,000 shall be for guaranteed loans; operating loans,

$92,310,000, of which $14,770,000 shall be for unsubsidized guaranteed loans and $30,185,000 shall be for subsidized guaranteed

loans; Indian tribe land acquisition loans as authorized by 25

U.S.C. 488, $323,000; and for emergency insured loans, $6,133,000

to meet the needs resulting from natural disasters.

In addition, for administrative expenses necessary to carry out

the direct and guaranteed loan programs, $269,454,000, of which

$265,315,000 shall be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct

loans and guaranteed loans may be transferred among these programs with the prior approval of the Committees on Appropriations

of both Houses of Congress.

RISK MANAGEMENT AGENCY

For administrative and operating expenses, as authorized by

the Federal Agriculture Improvement and Reform Act of 1996 (7

U.S.C. 6933), $65,597,000: Provided, That not to exceed $700 shall

be available for official reception and representation expenses, as

authorized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby authorized

to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord

with law, and to make contracts and commitments without regard

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out

the programs set forth in the budget for the current fiscal year for

such corporation or agency, except as hereinafter provided.

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal Crop

Insurance Act, such sums as may be necessary, to remain available

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

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

For fiscal year 2001, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the

Act of August 17, 1961 (15 U.S.C. 713a–11).

17

OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE

MANAGEMENT

For fiscal year 2001, the Commodity Credit Corporation shall

not expend more than $5,000,000 for site investigation and cleanup

expenses, and operations and maintenance expenses to comply with

the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.

9607(g), and section 6001 of the Resource Conservation and Recovery Act, 42 U.S.C. 6961.

TITLE II

CONSERVATION PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Natural Resources and Environment to administer the

laws enacted by the Congress for the Forest Service and the Natural

Resources Conservation Service, $711,000: Provided, That none of

the funds appropriated or otherwise made available by this Act or

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

for Natural Resources and Environment for the supervision, management or direction of the Forest Service or the Natural Resources

Conservation Service until January 20, 2001: Provided further,

That the Chiefs of the Forest Service and the Natural Resources

Conservation Service shall report directly to the Secretary of Agriculture until January 20, 2001.

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act

of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and

water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary

to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of

information; acquisition of lands, water, and interests therein for

use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of

August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration

or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $714,116,000, to remain available until expended (7 U.S.C. 2209b), of which not less than

$5,990,000 is for snow survey and water forecasting and not less

than $9,125,000 is for operation and establishment of the plant materials centers: Provided, That appropriations hereunder shall be

available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other

18

buildings and other public improvements shall not exceed $250,000:

Provided further, That not to exceed $2,000,000 of this amount shall

be available for the Urban Resources Partnership program, of which

$1,000,000 shall be available only after promulgation of a final rule

on this program: Provided further, That not to exceed $204,000 of

this amount shall be available for American Heritage Rivers: Provided further, That when buildings or other structures are erected

on non-Federal land, that the right to use such land is obtained as

provided in 7 U.S.C. 2250a: Provided further, That this appropriation shall be available for technical assistance and related expenses

to carry out programs authorized by section 202(c) of title II of the

Colorado River Basin Salinity Control Act of 1974 (43 U.S.C.

1592(c)): Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section

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

$25,000 shall be available for employment under 5 U.S.C. 3109:

Provided further, That qualified local engineers may be temporarily

employed at per diem rates to perform the technical planning work

of the Service (16 U.S.C. 590e–2).

WATERSHED SURVEYS AND PLANNING

For necessary expenses to conduct research, investigation, and

surveys of watersheds of rivers and other waterways, and for small

watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act approved August 4,

1954 (16 U.S.C. 1001–1009), $10,868,000: Provided, That not to exceed $136,000 shall be available for American Heritage Rivers: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $110,000 shall

be available for employment under 5 U.S.C. 3109.

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of

cultivation, the growing of vegetation, rehabilitation of existing

works and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act approved August 4, 1954

(16 U.S.C. 1001–1005 and 1007–1009), the provisions of the Act of

April 27, 1935 (16 U.S.C. 590a–f), and in accordance with the provisions of laws relating to the activities of the Department,

$99,443,000, to remain available until expended (7 U.S.C. 2209b)

(of which up to $15,000,000 may be available for the watersheds authorized under the Flood Control Act approved June 22, 1936 (33

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

$44,423,000 of this appropriation shall be available for technical assistance: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section

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

$200,000 shall be available for employment under 5 U.S.C. 3109:

Provided further, That not to exceed $1,000,000 of this appropriation is available to carry out the purposes of the Endangered Species

Act of 1973 (Public Law 93–205), including cooperative efforts as

contemplated by that Act to relocate endangered or threatened speVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00018 Fmt 6604 Sfmt 6603 E:\HR\OC\HR948.012 pfrm01 PsN: HR948
19

cies to other suitable habitats as may be necessary to expedite

project construction: Provided further, That of the funds available

for Emergency Watershed Protection activities, $8,000,000 shall be

available for Ohio, New Mexico, Mississippi and Wisconsin for financial and technical assistance for pilot rehabilitation projects of

small, upstream dams built under the Watershed and Flood Prevention Act of 1954, Public Law 83–566 (16 U.S.C. 1001 et seq.); Section 13 of the Flood Control Act of 1944, Public Law 78–534 (33

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

heading ‘‘FLOOD PREVENTION’’ of the Department of Agriculture

Appropriations Act, 1954, Public Law 83–156 (67 Stat. 214); and

Subtitle H of title XV of the Agriculture and Food Act of 1981 (16

U.S.C. 3451 et seq.): Provided further, That the amount of Federal

funds that may be made available to an eligible local organization

for construction of a particular rehabilitation project shall be equal

to 65 percent of the total rehabilitation costs, but not to exceed 100

percent of actual construction costs incurred in the rehabilitation:

Provided further, That consistent with existing statute, rehabilitation assistance provided may not be used to perform operation and

maintenance activities specified in the agreement for the covered

water resource projects entered into between the Secretary and the

eligible local organization responsible for the works of improvement.

RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects

for resource conservation and development and for sound land use

pursuant to the provisions of section 32(e) of title III of the

Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat.

607); the Act of April 27, 1935 (16 U.S.C. 590a–f); and the Agriculture and Food Act of 1981 (16 U.S.C. 3451–3461), $42,015,000,

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

this appropriation shall be available for employment pursuant to

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

U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.

FORESTRY INCENTIVES PROGRAM

For necessary expenses, not otherwise provided for, to carry out

the program of forestry incentives, as authorized by the Cooperative

Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical assistance and related expenses, $6,325,000, to remain available until expended, as authorized by that Act.

TITLE III

RURAL DEVELOPMENT PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Rural Development to administer programs under the

laws enacted by the Congress for the Rural Housing Service, the

Rural Business-Cooperative Service, and the Rural Utilities Service

of the Department of Agriculture, $605,000.

20

RURAL COMMUNITY ADVANCEMENT PROGRAM

For the cost of direct loans, loan guarantees, and grants, as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except

for sections 381E–H, 381N, and 381O of the Consolidated Farm and

Rural Development Act, $762,542,000, to remain available until expended, of which $53,225,000 shall be for rural community programs described in section 381E(d)(1) of such Act; of which

$644,360,000 shall be for the rural utilities programs described in

sections 381E(d)(2), 306C(a)(2), and 306D of such Act; and of which

$64,957,000 shall be for the rural business and cooperative development programs described in section 381E(d)(3) of such Act: Provided, That of the total amount appropriated in this account,

$24,000,000 shall be for loans and grants to benefit Federally Recognized Native American Tribes, including grants for drinking and

waste disposal systems pursuant to section 306C of such Act, of

which $250,000 shall be available for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That of the amount appropriated for rural community programs, $6,000,000 shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used

solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations

serving low-income rural communities, including Federally Recognized Indian tribes to undertake projects to improve housing, community facilities, community and economic development projects in

rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit intermediary organizations (including tribal) proposing to carry out a program of financial and

technical assistance to other public entities with a record of achievement in providing technical and financial assistance to housing and

community development organizations in rural areas: Provided further, That such intermediary organizations shall provide matching

funds from other sources, including federal funds for related activities, in an amount not less than funds provided: Provided further,

That of the amount appropriated for rural community programs,

not to exceed $5,000,000 shall be for hazardous weather early warning systems: Provided further, That of the amount appropriated for

the rural business and cooperative development programs, not to exceed $500,000 shall be made available for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development; $5,000,000

shall be for rural partnership technical assistance grants; and

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

Provided further, That of the amount appropriated for rural utilities programs, not to exceed $20,000,000 shall be for water and

waste disposal systems to benefit the Colonias along the United

States/Mexico borders, including grants pursuant to section 306C of

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

disposal systems for rural and native villages in Alaska pursuant

to section 306D of such Act, with up to one percent available to administer the program and up to one percent available to improve

interagency coordination; not to exceed $16,215,000 shall be for

21

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

for contracting with qualified national organizations for a circuit

rider program to provide technical assistance for rural water systems: Provided further, That of the total amount appropriated, not

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

authorized empowerment zones and enterprise communities and

communities designated by the Secretary of Agriculture as Rural

Economic Area Partnership Zones; of which $34,704,000 shall be for

the rural utilities programs described in section 381E(d)(2) of such

Act; and of which $8,435,000 shall be for the rural business and cooperative development programs described in section 381E(d)(3) of

such Act.

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of administering Rural Development

programs as authorized by the Rural Electrification Act of 1936; the

Consolidated Farm and Rural Development Act; title V of the Housing Act of 1949; section 1323 of the Food Security Act of 1985; the

Cooperative Marketing Act of 1926 for activities related to marketing aspects of cooperatives, including economic research findings,

authorized by the Agricultural Marketing Act of 1946; for activities

with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $130,371,000:

Provided, That this appropriation shall be available for employment

pursuant to the second sentence of section 706(a) of the Organic Act

of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 may be used

for employment under 5 U.S.C. 3109: Provided further, That not

more than $10,000 may be expended to provide modest nonmonetary

awards to non-USDA employees: Provided further, That any balances available from prior years for the Rural Utilities Service,

Rural Housing Service, and the Rural Business-Cooperative Service

salaries and expenses accounts shall be transferred to and merged

with this account.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For gross obligations for the principal amount of direct and

guaranteed loans as authorized by title V of the Housing Act of

1949, to be available from funds in the rural housing insurance

fund, as follows: $4,800,000,000 for loans to section 502 borrowers,

as determined by the Secretary, of which $3,700,000,000 shall be for

unsubsidized guaranteed loans; $32,396,000 for section 504 housing

repair loans; $100,000,000 for section 538 guaranteed multi-family

housing loans; $114,321,000 for section 515 rental housing;

$5,152,000 for section 524 site loans; $11,780,000 for credit sales of

acquired property, of which up to $1,780,000 may be for multi-family credit sales; and $5,000,000 for section 523 self-help housing

land development loans: Provided, That of the total amount made

available for loans to section 502 borrowers, up to $5,400,000 shall

22

be available until expended for use under a demonstration program

to be carried out by the Secretary of Agriculture in North Carolina

to determine the timeliness, quality, suitability, efficiency, and cost

of utilizing modular housing to house low-income and very low-income elderly families who: (1) have lost their housing because of a

major disaster (as so declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act); and

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

direct loan that is provided under section 502 of the Housing Act

of 1949 with the maximum subsidy allowed for such loans: Provided further, That of the amounts made available for such demonstration program, $5,000,000 shall be for grants and $400,000

shall be for the cost (as defined in section 502 of the Congressional

Budget Act of 1974) of loans, for such families to acquire modular

housing.

For the cost of direct and guaranteed loans, including the cost

of modifying loans, as defined in section 502 of the Congressional

Budget Act of 1974, as follows: section 502 loans, $184,160,000 of

which $7,400,000 shall be for unsubsidized guaranteed loans; section 504 housing repair loans, $11,481,000; section 538 multi-family

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

$56,326,000; multi-family credit sales of acquired property,

$874,000; and section 523 self-help housing land development loans,

$279,000: Provided, That of the total amount appropriated in this

paragraph, $13,832,000 shall be available through June 30, 2001,

for authorized empowerment zones and enterprise communities and

communities designated by the Secretary of Agriculture as Rural

Economic Area Partnership Zones.

In addition, for administrative expenses necessary to carry out

the direct and guaranteed loan programs, $409,233,000, which

shall be transferred to and merged with the appropriation for

‘‘Rural Development, Salaries and Expenses’’.

RENTAL ASSISTANCE PROGRAM

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

into in lieu of debt forgiveness or payments for eligible households

as authorized by section 502(c)(5)(D) of the Housing Act of 1949,

$680,000,000; and, in addition, such sums as may be necessary, as

authorized by section 521(c) of the Act, to liquidate debt incurred

prior to fiscal year 1992 to carry out the rental assistance program

under section 521(a)(2) of the Act: Provided, That of this amount,

not more than $5,900,000 shall be available for debt forgiveness or

payments for eligible households as authorized by section

502(c)(5)(D) of the Act, and not to exceed $10,000 per project for advances to nonprofit organizations or public agencies to cover direct

costs (other than purchase price) incurred in purchasing projects

pursuant to section 502(c)(5)(C) of the Act: Provided further, That

agreements entered into or renewed during fiscal year 2001 shall be

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

may be extended to fully utilize amounts obligated.

23

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the

Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain

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

total amount appropriated, $1,000,000 shall be available through

June 30, 2001, for authorized empowerment zones and enterprise

communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones.

RURAL HOUSING ASSISTANCE GRANTS

For grants and contracts for very low-income housing repair,

supervisory and technical assistance, compensation for construction

defects, and rural housing preservation made by the Rural Housing

Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and

1490m, $44,000,000, to remain available until expended: Provided,

That of the total amount appropriated, $5,000,000 shall be for a

housing demonstration program for agriculture, aquaculture, and

seafood processor workers: Provided further, That of the total

amount appropriated, $1,200,000 shall be available through June

30, 2001, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture

as Rural Economic Area Partnership Zones.

FARM LABOR PROGRAM ACCOUNT

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

by 42 U.S.C. 1484 and 1486, $30,000,000, to remain available until

expended, for direct farm labor housing loans and domestic farm

labor housing grants and contracts.

RURAL BUSINESS-COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $19,476,000, as authorized by the

Rural Development Loan Fund (42 U.S.C. 9812(a)), of which

$2,036,000 shall be for Federally Recognized Native American

Tribes and of which $4,072,000 shall be for Mississippi Delta Region counties (as defined by Public Law 100–460): Provided, That

such costs, including the cost of modifying such loans, shall be as

defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans of $38,256,000: Provided further, That of the total amount appropriated, $3,216,000

shall be available through June 30, 2001, for the cost of direct loans

for authorized empowerment zones and enterprise communities and

communities designated by the Secretary of Agriculture as Rural

Economic Area Partnership Zones.

In addition, for administrative expenses to carry out the direct

loan programs, $3,640,000 shall be transferred to and merged with

the appropriation for ‘‘Rural Development, Salaries and Expenses’’.

24

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under

section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects,

$15,000,000.

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

loans as defined in section 502 of the Congressional Budget Act of

1974, $3,911,000, which shall be administered in accordance with

the regulations utilized in fiscal year 2000.

Of the funds derived from interest on the cushion of credit payments in fiscal year 2001, as authorized by section 313 of the Rural

Electrification Act of 1936, $3,911,000 shall not be obligated and

$3,911,000 are rescinded.

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act

(7 U.S.C. 1932), $6,500,000, of which $2,000,000 shall be available

for cooperative agreements for the appropriate technology transfer

for rural areas program: Provided, That not to exceed $1,500,000 of

the total amount appropriated shall be made available to cooperatives or associations of cooperatives whose primary focus is to provide assistance to small, minority producers and whose governing

board and/or membership is comprised of at least 75 percent minority.

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Insured loans pursuant to the authority of section 305 of the

Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made as

follows: 5 percent rural electrification loans, $121,500,000; 5 percent

rural telecommunications loans, $75,000,000; cost of money rural

telecommunications loans, $300,000,000; municipal rate rural electric loans, $295,000,000; and loans made pursuant to section 306 of

that Act, rural electric, $1,700,000,000 and rural telecommunications, $120,000,000; and $500,000,000 for Treasury rate direct

electric loans.

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, including the cost of modifying loans, of direct

and guaranteed loans authorized by the Rural Electrification Act of

1936 (7 U.S.C. 935 and 936), as follows: cost of direct loans,

$19,871,000; and cost of municipal rate loans, $20,503,000: Provided, That notwithstanding section 305(d)(2) of the Rural Electrification Act of 1936, borrower interest rates may exceed 7 percent

per year.

In addition, for administrative expenses necessary to carry out

the direct and guaranteed loan programs, $34,716,000, which shall

25

be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’.

RURAL TELEPHONE BANK PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such

expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out its authorized programs. During fiscal year

2001 and within the resources and authority available, gross obligations for the principal amount of direct loans shall be $175,000,000.

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, including the cost of modifying loans, of direct

loans authorized by the Rural Electrification Act of 1936 (7 U.S.C.

935), $2,590,000.

In addition, for administrative expenses, including audits, necessary to carry out the loan programs, $3,000,000, which shall be

transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’.

DISTANCE LEARNING AND TELEMEDICINE PROGRAM

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

U.S.C. 950aaa et seq., $27,000,000, to remain available until expended, to be available for loans and grants for telemedicine and

distance learning services in rural areas, and of which $2,000,000

may be available for a pilot program to finance broadband transmission and local dial-up Internet service in areas that meet the

definition of ‘‘rural area’’ used for the Distance Learning and Telemedicine Program authorized by 7 U.S.C. 950aaa: Provided, That

the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974.

TITLE IV

DOMESTIC FOOD PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Food, Nutrition and Consumer Services to administer

the laws enacted by the Congress for the Food and Nutrition Service, $570,000.

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the National School Lunch

Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;

26

$9,541,539,000, to remain available through September 30, 2002, of

which $4,413,960,000 is hereby appropriated and $5,127,579,000

shall be derived by transfer from funds available under section 32

of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That except

as specifically provided under this heading, none of the funds made

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

heading, up to $6,000,000 shall be for school breakfast pilot

projects, including the evaluation required under section 18(e) of the

National School Lunch Act: Provided further, That of the funds

made available under this heading, $500,000 shall be for a School

Breakfast Program startup grant pilot program for the State of Wisconsin: Provided further, That school food authorities in Ohio participating in a domestic food assistance program administered by

the Secretary and preparing meals for use by other schools and institutions also participating in a domestic food assistance program,

shall, with regard to such meals, not be subject to additional requirements under section 301(c) of the Federal Meat Inspection Act

or section 5(c) of the Poultry Products Inspection Act: Provided further, That up to $4,511,000 shall be available for independent

verification of school food service claims.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental

nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $4,052,000,000, to remain available through September 30, 2002: Provided, That none of the funds

made available under this heading shall be used for studies and

evaluations: Provided further, That of the total amount available,

the Secretary shall obligate $10,000,000 for the farmers’ market nutrition program within 45 days of the enactment of this Act, and an

additional $10,000,000 for the farmers’ market nutrition program

from any funds not needed to maintain current caseload levels: Provided further, That notwithstanding section 17(h)(10)(A) of such

Act, up to $14,000,000 shall be available for the purposes specified

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

used for the development of electronic benefit transfer systems: Provided further, That none of the funds in this Act shall be available

to pay administrative expenses of WIC clinics except those that have

an announced policy of prohibiting smoking within the space used

to carry out the program: Provided further, That none of the funds

provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and

competitive bidding requirements specified in section 17 of such Act:

Provided further, That none of the funds provided shall be available

for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of

such Act: Provided further, That funds made available under this

heading shall be made available for sites participating in the special supplemental nutrition program for women, infants, and children to determine whether a child eligible to participate in the program has received a blood lead screening test, using a test that is

27

appropriate for age and risk factors, upon the enrollment of the

child in the program.

FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7

U.S.C. 2011 et seq.), $20,114,293,000, of which $100,000,000 shall

be placed in reserve for use only in such amounts and at such times

as may become necessary to carry out program operations: Provided,

That of the funds made available under this heading and not already appropriated to the Food Distribution Program on Indian

Reservations (FDPIR) established under section 4(b) of the Food

Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed $3,000,000 shall

be used to purchase bison for the FDPIR: Provided further, That the

Secretary shall purchase such bison from Native American producers and cooperative organizations without competition: Provided

further, That none of the funds made available under this heading

shall be used for studies and evaluations: Provided further, That

funds provided herein shall be expended in accordance with section

16 of the Food Stamp Act: Provided further, That this appropriation

shall be subject to any work registration or workfare requirements

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

$194,000,000 may be reserved by the Secretary, notwithstanding

section 16(h)(1)(A)(vi) of the Food Stamp Act of 1977 (7 U.S.C.

2025(h)(1)(A)(vi)), for allocation to State agencies under section

16(h)(1) of such Act to carry out Employment and Training programs: Provided further, That funds made available for Employment and Training under this heading shall remain available until

expended, as authorized by section 16(h)(1) of the Food Stamp Act.

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out the commodity supplemental food program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note)

and the Emergency Food Assistance Act of 1983, $140,300,000, to

remain available through September 30, 2002: Provided, That none

of these funds shall be available to reimburse the Commodity Credit

Corporation for commodities donated to the program: Provided further, That notwithstanding section 5(a)(2) of the Agriculture and

Consumer Protection Act of 1973 (Public Law 93–86; 7 U.S.C. 612c

note), $20,781,000 of this amount shall be available for administrative expenses of the commodity supplemental food program.

FOOD DONATIONS PROGRAMS

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

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

Compacts of Free Association Act of 1985, as amended; and section

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

available through September 30, 2002.

FOOD PROGRAM ADMINISTRATION

For necessary administrative expenses of the domestic food programs funded under this Act, $116,807,000, of which $5,000,000

28

shall be available only for simplifying procedures, reducing overhead costs, tightening regulations, improving food stamp benefit delivery, and assisting in the prevention, identification, and prosecution of fraud and other violations of law and of which not less than

$4,500,000 shall be available to improve integrity in the Food

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

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

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

under 5 U.S.C. 3109.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7

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

enabling the Secretary to coordinate and integrate activities of the

Department in connection with foreign agricultural work, including

not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7

U.S.C. 1766), $115,424,000: Provided, That the Service may utilize

advances of funds, or reimburse this appropriation for expenditures

made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the

agricultural food production assistance programs (7 U.S.C. 1737)

and the foreign assistance programs of the United States Agency for

International Development.

None of the funds in the foregoing paragraph shall be available

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

PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, of agreements under the Agricultural Trade Development and Assistance Act of 1954, and the Food for Progress

Act of 1985, including the cost of modifying credit arrangements

under said Acts, $114,186,000, to remain available until expended.

In addition, for administrative expenses to carry out the credit

program of title I, Public Law 83–480, and the Food for Progress

Act of 1985, to the extent funds appropriated for Public Law 83–480

are utilized, $1,850,000, of which $1,035,000 may be transferred to

and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of which $815,000 may be transferred to and merged with the appropriation for ‘‘Farm Service

Agency, Salaries and Expenses’’.

29

PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act

of 1954, $20,322,000, to remain available until expended, for ocean

freight differential costs for the shipment of agricultural commodities under title I of said Act: Provided, That funds made available

for the cost of title I agreements and for title I ocean freight differential may be used interchangeably between the two accounts with

prior notice to the Committees on Appropriations of both Houses of

Congress.

PUBLIC LAW 480 TITLE II GRANTS

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act

of 1954, $837,000,000, to remain available until expended, for commodities supplied in connection with dispositions abroad under title

II of said Act.

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit

Corporation’s export guarantee program, GSM 102 and GSM 103,

$3,820,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in

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

$3,231,000 may be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and

of which $589,000 may be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG

ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration,

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–

313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose

space in the District of Columbia or elsewhere; and for miscellaneous and emergency expenses of enforcement activities, authorized

and approved by the Secretary and to be accounted for solely on the

Secretary’s certificate, not to exceed $25,000; $1,217,797,000, of

30

which not to exceed $149,273,000 in prescription drug user fees authorized by 21 U.S.C. 379(h) may be credited to this appropriation

and remain available until expended: Provided, That fees derived

from applications received during fiscal year 2001 shall be subject

to the fiscal year 2001 limitation: Provided further, That none of

these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further,

That of the total amount appropriated: (1) $285,269,000 shall be for

the Center for Food Safety and Applied Nutrition and related field

activities in the Office of Regulatory Affairs; (2) $317,547,000 shall

be for the Center for Drug Evaluation and Research and related

field activities in the Office of Regulatory Affairs, of which no less

than $12,534,000 shall be available for grants and contracts awarded under section 5 of the Orphan Drug Act (21 U.S.C. 360ee); (3)

$140,489,000 shall be for the Center for Biologics Evaluation and

Research and for related field activities in the Office of Regulatory

Affairs; (4) $64,069,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $165,207,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $35,568,000 shall be for the National Center for

Toxicological Research; (7) $25,855,000 shall be for Rent and Related activities, other than the amounts paid to the General Services

Administration; (8) $104,954,000 shall be for payments to the General Services Administration for rent and related costs; and (9)

$78,839,000 shall be for other activities, including the Office of the

Commissioner; the Office of Management and Systems; the Office of

the Senior Associate Commissioner; the Office of International and

Constituent Relations; the Office of Policy, Legislation, and Planning; and central services for these offices: Provided further, That

funds may be transferred from one specified activity to another with

the prior approval of the Committees on Appropriations of both

Houses of Congress.

In addition, mammography user fees authorized by 42 U.S.C.

263(b) may be credited to this account, to remain available until expended.

In addition, export certification user fees authorized by 21

U.S.C. 381 may be credited to this account, to remain available

until expended.

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the

Food and Drug Administration, where not otherwise provided,

$31,350,000, to remain available until expended (7 U.S.C. 2209b).

INDEPENDENT AGENCIES

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase

and hire of passenger motor vehicles; the rental of space (to include

multiple year leases) in the District of Columbia and elsewhere; and

not to exceed $25,000 for employment under 5 U.S.C. 3109,

31

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

and representation expenses.

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $36,800,000 (from assessments collected from

farm credit institutions and from the Federal Agricultural Mortgage

Corporation) shall be obligated during the current fiscal year for

administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated

with receiverships.

TITLE VII—GENERAL PROVISIONS

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for

fiscal year 2001 under this Act shall be available for the purchase,

in addition to those specifically provided for, of not to exceed 389

passenger motor vehicles, of which 385 shall be for replacement

only, and for the hire of such vehicles.

SEC. 702. Funds in this Act available to the Department of Agriculture shall be available for uniforms or allowances therefor as

authorized by law (5 U.S.C. 5901–5902).

SEC. 703. Not less than $1,500,000 of the appropriations of the

Department of Agriculture in this Act for research and service work

authorized by sections 1 and 10 of the Act of June 29, 1935 (7

U.S.C. 427, 427i; commonly known as the Bankhead-Jones Act),

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

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

Code, shall be available for contracting in accordance with such

Acts and chapter.

SEC. 704. The Secretary of Agriculture may transfer unobligated balances of funds appropriated by this Act or other available

unobligated balances of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment

necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture: Provided, That none of the funds made

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

Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to

the Working Capital Fund pursuant to this section shall be available for obligation without the prior approval of the Committees on

Appropriations of both Houses of Congress.

SEC. 705. New obligational authority provided for the following

appropriation items in this Act shall remain available until expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, fruit fly program, integrated systems acquisition project, boll weevil program, up to 25

percent of the screwworm program, and up to $2,000,000 for costs

associated with colocating regional offices; Food Safety and Inspection Service, field automation and information management project;

funds appropriated for rental payments; Cooperative State Research, Education, and Extension Service, funds for competitive reVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00031 Fmt 6604 Sfmt 6603 E:\HR\OC\HR948.021 pfrm01 PsN: HR948
32

search grants (7 U.S.C. 450i(b)), funds for the Research, Education

and Economics Information System (REEIS), and funds for the Native American Institutions Endowment Fund; Farm Service Agency,

salaries and expenses funds made available to county committees;

Foreign Agricultural Service, middle-income country training program and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the

Foreign Agricultural Service.

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

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

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

to the Department of Agriculture in this Act shall be available to

provide appropriate orientation and language training pursuant to

section 606C of the Act of August 28, 1954 (7 U.S.C. 1766b; commonly known as the Agricultural Act of 1954).

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

negotiated indirect cost rates on cooperative agreements or similar

arrangements between the United States Department of Agriculture

and nonprofit institutions in excess of 10 percent of the total direct

cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two

parties. This does not preclude appropriate payment of indirect costs

on grants and contracts with such institutions when such indirect

costs are computed on a similar basis for all agencies for which appropriations are provided in this Act.

SEC. 709. None of the funds in this Act shall be available to restrict the authority of the Commodity Credit Corporation to lease

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

of the Department of Agriculture when such space will be jointly occupied.

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

indirect costs charged against competitive agricultural research,

education, or extension grant awards issued by the Cooperative

State Research, Education, and Extension Service that exceed 19

percent of total Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7

U.S.C. 3310), funds provided by this Act for grants awarded competitively by the Cooperative State Research, Education, and Extension Service shall be available to pay full allowable indirect costs

for each grant awarded under section 9 of the Small Business Act

(15 U.S.C. 638).

SEC. 711. Notwithstanding any other provision of this Act, all

loan levels provided in this Act shall be considered estimates, not

limitations.

SEC. 712. Appropriations to the Department of Agriculture for

the cost of direct and guaranteed loans made available in fiscal

year 2001 shall remain available until expended to cover obligations

made in fiscal year 2001 for the following accounts: the rural development loan fund program account; the Rural Telephone Bank program account; the rural electrification and telecommunications

loans program account; the Rural Housing Insurance Fund ProVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00032 Fmt 6604 Sfmt 6603 E:\HR\OC\HR948.022 pfrm01 PsN: HR948
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gram Account; and the rural economic development loans program

account.

SEC. 713. Notwithstanding chapter 63 of title 31, United States

Code, marketing services of the Agricultural Marketing Service; the

Grain Inspection, Packers and Stockyards Administration; the Animal and Plant Health Inspection Service; and the food safety activities of the Food Safety and Inspection Service may use cooperative

agreements to reflect a relationship between the Agricultural Marketing Service; the Grain Inspection, Packers and Stockyards Administration; the Animal and Plant Health Inspection Service; or

the Food Safety and Inspection Service and a state or cooperator to

carry out agricultural marketing programs, to carry out programs

to protect the nation’s animal and plant resources, or to carry out

educational programs or special studies to improve the safety of the

nation’s food supply.

SEC. 714. Notwithstanding any other provision of law (including provisions of law requiring competition), the Secretary of Agriculture may hereafter enter into cooperative agreements (which may

provide for the acquisition of goods or services, including personal

services) with a State, political subdivision, or agency thereof, a

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

Secretary determines that the objectives of the agreement will: (1)

serve a mutual interest of the parties to the agreement in carrying

out the programs administered by the Natural Resources Conservation Service; and (2) all parties will contribute resources to the accomplishment of these objectives: Provided, That Commodity Credit

Corporation funds obligated for such purposes shall not exceed the

level obligated by the Commodity Credit Corporation for such purposes in fiscal year 1998.

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

more than 5 percent of the Class A stock of the Rural Telephone

Bank or to maintain any account or subaccount within the accounting records of the Rural Telephone Bank the creation of which has

not specifically been authorized by statute: Provided, That notwithstanding any other provision of law, none of the funds appropriated

or otherwise made available in this Act may be used to transfer to

the Treasury or to the Federal Financing Bank any unobligated balance of the Rural Telephone Bank telephone liquidating account

which is in excess of current requirements and such balance shall

receive interest as set forth for financial accounts in section 505(c)

of the Federal Credit Reform Act of 1990.

SEC. 716. Of the funds made available by this Act, not more

than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and

task forces of the Department of Agriculture, except for panels used

to comply with negotiated rule makings and panels used to evaluate

competitively awarded grants.

SEC. 717. None of the funds appropriated by this Act may be

used to carry out section 410 of the Federal Meat Inspection Act (21

U.S.C. 679a) or section 30 of the Poultry Products Inspection Act

(21 U.S.C. 471).

SEC. 718. No employee of the Department of Agriculture may be

detailed or assigned from an agency or office funded by this Act to

any other agency or office of the Department for more than 30 days

34

unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses

of the employee for the period of assignment.

SEC. 719. None of the funds appropriated or otherwise made

available to the Department of Agriculture shall be used to transmit

or otherwise make available to any non-Department of Agriculture

employee questions or responses to questions that are a result of information requested for the appropriations hearing process.

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

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

technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the

Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That

notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the

prior approval of the Committees on Appropriations of both Houses

of Congress.

SEC. 721. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 2001, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases

funds or personnel by any means for any project or activity for

which funds have been denied or restricted; (4) relocates an office

or employees; (5) reorganizes offices, programs, or activities; or (6)

contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of

such reprogramming of funds.

(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2001, or

provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by

this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments

existing programs, projects, or activities; (2) reduces by 10 percent

funding for any existing program, project, or activity, or numbers of

personnel by 10 percent as approved by Congress; or (3) results from

any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of

both Houses of Congress are notified 15 days in advance of such reprogramming of funds.

(c) The Secretary of Agriculture shall notify the Committees on

Appropriations of both Houses of Congress before implementing a

program or activity not carried out during the previous fiscal year

35

unless the program or activity is funded by this Act or specifically

funded by any other Act.

SEC. 722. (a) Of the funds made available to the Secretary of

Agriculture pursuant to section 793(b)(1) of Public Law 104–127 (7

U.S.C. 2204f) for the 2000 fiscal year—

(1) $30,000,000 shall be available to be obligated for any

purpose authorized under section 793 of that Act during the

2001 fiscal year; and

(2) $30,000,000 shall be available to be obligated for any

purpose authorized under section 793 of that Act during the

2002 fiscal year.

(b) None of the funds appropriated or otherwise made available

by this Act or any other Act may be used to pay the salaries and

expenses of personnel to carry out the transfer or obligation of fiscal

year 2001 funds under section 793 of Public Law 104–127 (7 U.S.C.

2204f).

SEC. 723. None of the funds appropriated or otherwise made

available by this Act shall be used to pay the salaries and expenses

of personnel who carry out an environmental quality incentives program authorized by chapter 4 of subtitle D of title XII of the Food

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

$174,000,000.

SEC. 724. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out the transfer or obligation of

fiscal year 2001 funds under the provisions of section 401 of Public

Law 105–185, the Initiative for Future Agriculture and Food Systems (7 U.S.C. 7621): Provided, That notwithstanding section

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

to the Secretary of Agriculture to make grants under section 401 of

Public Law 105–185 shall be used only to make grants to Hispanicserving institutions (as defined in 20 U.S.C. 1101a(5)); West Virginia State College in Institute; and the 1862 institutions, 1890 institutions, and 1994 institutions, as defined in section 2 of Public

Law 105–185 (7 U.S.C. 7601), or research foundations maintained

by such institutions.

SEC. 725. Hereafter, none of the funds made available to the

Department of Agriculture shall be used to carry out any commodity

purchase program that would prohibit eligibility or participation by

farmer-owned cooperatives.

SEC. 726. None of the funds appropriated or otherwise made

available by this Act shall be used to pay the salaries and expenses

of personnel to carry out a conservation farm option program, as

authorized by section 1240M of the Food Security Act of 1985 (16

U.S.C. 3839bb).

SEC. 727. None of the funds made available to the Food and

Drug Administration by this Act shall be used to close or relocate,

or to plan to close or relocate, the Food and Drug Administration

Division of Drug Analysis (recently renamed the Division of Pharmaceutical Analysis) in St. Louis, Missouri, except that funds could

be used to plan a possible relocation of this Division within the city

limits of St. Louis, Missouri.

SEC. 728. None of the funds made available to the Food and

Drug Administration by this Act shall be used to reduce the Detroit,

36

Michigan, Food and Drug Administration District Office below the

operating and full-time equivalent staffing level of July 31, 1999; or

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

similarly modified office; or to reassign residence posts assigned to

the Detroit District Office: Provided, That this section shall not

apply to Food and Drug Administration field laboratory facilities or

operations currently located in Detroit, Michigan, except that field

laboratory personnel shall be assigned to locations in the general vicinity of Detroit, Michigan, pursuant to cooperative agreements between the Food and Drug Administration and other laboratory facilities associated with the State of Michigan.

SEC. 729. Hereafter, none of the funds appropriated by this Act

or any other Act may be used to:

(1) carry out the proviso under 7 U.S.C. 1622(f); or

(2) carry out 7 U.S.C. 1622(h) unless the Secretary of Agriculture inspects and certifies agricultural processing equipment,

and imposes a fee for the inspection and certification, in a manner that is similar to the inspection and certification of agricultural products under that section, as determined by the Secretary: Provided, That this provision shall not affect the authority of the Secretary to carry out the Federal Meat Inspection Act

(21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21

U.S.C. 451 et seq.), or the Egg Products Inspection Act (21

U.S.C. 1031 et seq.).

SEC. 730. None of the funds appropriated by this Act or any

other Act shall be used to pay the salaries and expenses of personnel

who prepare or submit appropriations language as part of the President’s Budget submission to the Congress of the United States for

programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, and Related Agencies that

assumes revenues or reflects a reduction from the previous year due

to user fees proposals that have not been enacted into law prior to

the submission of the Budget unless such Budget submission identifies which additional spending reductions should occur in the event

the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2002 appropriations Act.

SEC. 731. None of the funds appropriated or otherwise made

available by this Act shall be used to establish an Office of Community Food Security or any similar office within the United States

Department of Agriculture without the prior approval of the Committees on Appropriations of both Houses of Congress.

SEC. 732. None of the funds appropriated or otherwise made

available by this or any other Act may be used to carry out provision of section 612 of Public Law 105–185.

SEC. 733. None of the funds appropriated by this Act shall be

used to propose or issue rules, regulations, decrees, or orders for the

purpose of implementation, or in preparation for implementation, of

the Kyoto Protocol which was adopted on December 11, 1997, in

Kyoto, Japan.

SEC. 734. None of the funds appropriated or otherwise made

available by this Act may be used to declare excess or surplus all

or part of the lands and facilities owned by the Federal Government

and administered by the Secretary of Agriculture at Fort Reno,

37

Oklahoma, or to transfer or convey such lands or facilities prior to

July 1, 2001, without the specific authorization of Congress.

SEC. 735. None of the funds appropriated or otherwise made

available by this Act or any other Act shall be used for the implementation of a Support Services Bureau or similar organization.

SEC. 736. Notwithstanding any other provision of law, for any

fiscal year, in the case of a high cost, isolated rural area of the State

of Alaska that is not connected to a road system—

(1) in the case of assistance provided by the Rural Housing

Service for single family housing under title V of the Housing

Act of 1949 (7 U.S.C. 1471 et seq.), the maximum income level

for the assistance shall be 150 percent of the average income

level in metropolitan areas of the State;

(2) in the case of community facility loans and grants provided under paragraphs (1) and (19), respectively, of section

306(a) of the Consolidated Farm and Rural Development Act (7

U.S.C. 1926(a)) and assistance provided under programs carried out by the Rural Utilities Service, the maximum income

level for the loans, grants, and assistance shall be 150 percent

of the average income level in nonmetropolitan areas of the

State;

(3) in the case of a business and industry guaranteed loan

made under section 310B(a)(1) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1932(a)(1)), to the extent permitted under that Act, the Secretary of Agriculture shall—

(A) guarantee the repayment of 90 percent of the principal and interest due on the loan; and

(B) charge a loan origination and servicing fee in an

amount not to exceed 1 percent of the amount of the loan;

and

(4) in the case of assistance provided under the Rural Community Development Initiative for fiscal year 2001 carried out

under the rural community advancement program established

under subtitle E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009 et seq.), the median household income

level, and the not employed rate, with respect to applicants for

assistance under the Initiative shall be scored on a communityby-community basis.

SEC. 737. Notwithstanding any other provision of law, the

Town of Lloyd, New York, and the Town of Thompson, New York,

shall be eligible for loans and grants provided through the Rural

Community Advancement Program.

SEC. 738. Hereafter, notwithstanding any other provision of

law, no housing or residence in a foreign country purchased by an

agent or instrumentality of the United States, for the purpose of

housing the agricultural attache ́, shall be sold or disposed of without the approval of the Foreign Agricultural Service of the United

States Department of Agriculture, including property purchased

using foreign currencies generated under the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) and used

or occupied by agricultural attache ́s of the Foreign Agricultural

Service: Provided, That the Department of State/Office of Foreign

Buildings may sell such properties with the concurrence of the Foreign Agricultural Service if the proceeds are used to acquire suitable

38

properties of appropriate size for Foreign Agricultural Service agricultural attache ́

s: Provided further, That the Foreign Agricultural

Service shall have the right to occupy such residences in perpetuity

with costs limited to appropriate maintenance expenses.

SEC. 739. Hereafter, notwithstanding section 502(h)(7) of the

Housing Act of 1949 (42 U.S.C. 1472(h)(7)), the fee collected by the

Secretary of Agriculture with respect to a guaranteed loan under

such section 502(h) at the time of the issuance of such guarantee

may be in an amount equal to not more than 2 percent of the principal obligation of the loan.

SEC. 740. Hereafter, funds appropriated to the Department of

Agriculture may be used to employ individuals by contract for services outside the United States as determined by the agencies to be

necessary or appropriate for carrying out programs and activities

abroad; and such contracts are authorized to be negotiated, the

terms of the contract to be prescribed, and the work to be performed,

where necessary, without regard to such statutory provisions as relate to the negotiation, making and performance of contracts and

performance of work in the United States. Individuals employed by

contract to perform such services outside the United States shall not

by virtue of such employment be considered to be employees of the

United States Government for purposes of any law administered by

the Office of Personnel Management. Such individuals may be considered employees within the meaning of the Federal Employee

Compensation Act, 5 U.S.C. 8101 et seq. Further, that Government

service credit shall be accrued for the time employed under a Personal Service Agreement (PSA) should the individual later be hired

into a permanent United States Government position within FAS or

another United States Government agency if the authorities of the

hiring agency so permit.

SEC. 741. None of the funds made available by this Act or any

other Act may be used to close or relocate a state Rural Development

office unless or until cost effectiveness and enhancement of program

delivery have been determined.

SEC. 742. (a) IN GENERAL.—Section 141 of the Agricultural

Market Transition Act (7 U.S.C. 7251) is amended—

(1) in subsection (b)(4), by striking ‘‘and 2000’’; and inserting ‘‘through 2001’’; and

(2) in subsection (h), by striking ‘‘2000’’ each place it appears and inserting ‘‘2001’’.

(b) CONFORMING AMENDMENT.—Section 142(e) of the Agricultural Market Transition Act (7 U.S.C. 7252(e)) is amended by striking ‘‘2001’’ and inserting ‘‘2002’’.

SEC. 743. Of any shipments of commodities made pursuant to

section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the

Secretary of Agriculture shall, to the extent practicable, direct that

tonnage equal in value to not more than $25,000,000 shall be made

available to foreign countries to assist in mitigating the effects of the

Human Immunodeficiency Virus and Acquired Immune Deficiency

Syndrome on communities, including the provision of—

(1) agricultural commodities to—

(A) individuals with Human Immunodeficiency Virus

or Acquired Immune Deficiency Syndrome in the communities, and

39

(B) households in the communities, particularly individuals caring for orphaned children; and

(2) agricultural commodities monetized to provide other assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods

among individuals in the communities, particularly individuals

caring for orphaned children.

SEC. 744. In addition to amounts otherwise appropriated or made available by this Act, $2,000,000 is appropriated for the purpose of providing Bill Emerson and Mickey Leland Hunger Fellowships through the Congressional Hunger Center.

SEC. 745. (a) SHORT TITLE.—This section may be cited as the

‘‘Medicine Equity and Drug Safety Act of 2000’’.

(b) FINDINGS.—The Congress makes the following findings:

(1) The cost of prescription drugs for Americans continues

to rise at an alarming rate.

(2) Millions of Americans, including medicare beneficiaries

on fixed incomes, face a daily choice between purchasing lifesustaining prescription drugs, or paying for other necessities,

such as food and housing.

(3) Many life-saving prescription drugs are available in

countries other than the United States at substantially lower

prices, even though such drugs were developed and are approved for use by patients in the United States.

(4) Many Americans travel to other countries to purchase

prescription drugs because the medicines that they need are

unaffordable in the United States.

(5) Americans should be able to purchase medicines at

prices that are comparable to prices for such medicines in other

countries, but efforts to enable such purchases should not endanger the gold standard for safety and effectiveness that has

been established and maintained in the United States.

(c) AMENDMENT.—Chapter VIII of the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 381 et seq.) is amended—

(1) in section 801(d)(1), by inserting ‘‘and section 804’’ after

‘‘paragraph (2)’’; and

(2) by adding at the end the following:

‘‘IMPORTATION OF COVERED PRODUCTS

‘‘SEC. 804. (a) REGULATIONS.—The Secretary, after consultation

with the United States Trade Representative and the Commissioner

of Customs, shall promulgate regulations permitting pharmacists

and wholesalers to import into the United States covered products.

‘‘(b) LIMITATION.—Regulations under subsection (a) shall—

‘‘(1) require that safeguards be in place to ensure that each

covered product imported pursuant to such subsection complies

with section 505 (including with respect to being safe and effective for its intended use), with sections 501 and 502, and with

other applicable requirements of this Act;

‘‘(2) require that an importer of a covered product pursuant

to subsection (a) comply with the applicable provisions of this

section, including subsection (d); and

‘‘(3) contain any additional provisions determined by the

Secretary to be appropriate as a safeguard to protect the public

40

health or as a means to facilitate the importation of such products.

‘‘(c) RECORDS.—Regulations under subsection (a) shall require

that records regarding the importation of covered products pursuant

to such subsection be provided to and maintained by the Secretary

for a period of time determined to be necessary by the Secretary.

‘‘(d) IMPORTATION.—Regulations under subsection (a) shall require an importer of a covered product pursuant to such subsection

to provide to the Secretary the following information and records:

‘‘(1) The name and amount of the active ingredient of such

product and description of the dosage form.

‘‘(2) The date that the product is shipped and the quantity

of the product that is shipped, points of origin and destination

for the product, the price paid for the product by the importer,

and (once the product is distributed) the price for which such

product is sold by the importer.

‘‘(3) Documentation from the foreign seller specifying the

original source of the product and the amount of each lot of the

product originally received.

‘‘(4) The manufacturer’s lot or control number of the product imported.

‘‘(5) The name, address, and telephone number of the importer, including the professional license number of the importer, if any.

‘‘(6) For a product that is coming directly from the first foreign recipient of the product from the manufacturer:

‘‘(A) Documentation demonstrating that such product

came from such recipient and was received by the recipient

from such manufacturer.

‘‘(B) Documentation of the amount of each lot of the

product received by such recipient to demonstrate that the

amount being imported into the United States is not more

than the amount that was received by the recipient.

‘‘(C) In the case of the initial imported shipment, documentation demonstrating that each batch of such shipment

was statistically sampled and tested for authenticity and

degradation.

‘‘(D) In the case of all subsequent shipments from such

recipient, documentation demonstrating that a statistically

valid sample of such shipments was tested for authenticity

and degradation.

‘‘(E) Certification from the importer or manufacturer of

such product that the product is approved for marketing in

the United States and meets all labeling requirements

under this Act.

‘‘(7) For a product that is not coming directly from the first

foreign recipient of the product from the manufacturer:

‘‘(A) Documentation demonstrating that each batch in

all shipments offered for importation into the United States

was statistically sampled and tested for authenticity and

degradation.

‘‘(B) Certification from the importer or manufacturer of

such product that the product is approved for marketing in

41

the United States and meets all labeling requirements

under this Act.

‘‘(8) Laboratory records, including complete data derived

from all tests necessary to assure that the product is in compliance with established specifications and standards.

‘‘(9) Documentation demonstrating that the testing required

by paragraphs (6) through (8) was performed at a qualifying

laboratory (as defined in subsection (k)).

‘‘(10) Any other information that the Secretary determines

is necessary to ensure the protection of the public health.

‘‘(e) TESTING.—Regulations under subsection (a)—

‘‘(1) shall require that testing referred to in paragraphs (6)

through (8) of subsection (d) be conducted by the importer of the

covered product pursuant to subsection (a), or the manufacturer

of the product;

‘‘(2) shall require that if such tests are conducted by the importer, information needed to authenticate the product being

tested, and to confirm that the labeling of such product complies with labeling requirements under this Act, be supplied by

the manufacturer of such product to the pharmacist or wholesaler, and shall require that such information be kept in strict

confidence and used only for purposes of testing under this Act;

and

‘‘(3) may include such additional provisions as the Secretary determines to be appropriate to provide for the protection

of trade secrets and commercial or financial information that is

privileged or confidential.

‘‘(f) COUNTRY LIMITATION.—Regulations under subsection (a)

shall provide that covered products may be imported pursuant to

such subsection only from a country, union, or economic area that

is listed in subparagraph (A) of section 802(b)(1) or designated by

the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health.

‘‘(g) SUSPENSION OF IMPORTATIONS.—The Secretary shall require that importations of specific covered products or importations

by specific importers pursuant to subsection (a) be immediately suspended upon discovery of a pattern of importation of such products

or by such importers that is counterfeit or in violation of any requirement pursuant to this section, until an investigation is completed and the Secretary determines that the public is adequately

protected from counterfeit and violative covered products being imported pursuant to subsection (a).

‘‘(h) PROHIBITED AGREEMENTS.—No manufacturer of a covered

product may enter into a contract or agreement that includes a provision to prevent the sale or distribution of covered products imported pursuant to subsection (a).

‘‘(i) STUDIES; REPORTS.—

‘‘(1) STUDY BY SECRETARY.—

‘‘(A) IN GENERAL.—The Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted pursuant to subsection (a), including consideration

of the information received under subsection (d). In conducting such study, the Secretary or entity shall—

42

‘‘(i) evaluate the compliance of importers with regulations under subsection (a), and the number of shipments pursuant to such subsection, if any, that have

been determined to be counterfeit, misbranded, or adulterated, and determine how such compliance contrasts

with the number of shipments of prescription drugs

transported within the United States that have been

determined to be counterfeit, misbranded, or adulterated; and

‘‘(ii) consult with the United States Trade Representative and the Commissioner of Patents and

Trademarks to evaluate the effect of importations pursuant to subsection (a) on trade and patent rights

under Federal law.

‘‘(B) REPORT.—Not later than two years after the effective date of final regulations under subsection (a), the Secretary shall prepare and submit to the Congress a report

describing the findings of the study under subparagraph

(A).

‘‘(2) STUDY BY GENERAL ACCOUNTING OFFICE.—The Comptroller General of the United States shall conduct a study to determine the effect of this section on the price of covered products

sold to consumers at retail. Not later than 18 months after the

effective date of final regulations under subsection (a), the

Comptroller General shall prepare and submit to the Congress

a report describing the findings of such study.

‘‘(j) CONSTRUCTION.—Nothing in this section shall be construed

to limit the statutory, regulatory, or enforcement authority of the

Secretary relating to the importation of covered products, other than

with respect to section 801(d)(1) as provided in this section.

‘‘(k) DEFINITIONS.—

‘‘(1) COVERED PRODUCT.—

‘‘(A) IN GENERAL.—For purposes of this section, the

term ‘covered product’ means a prescription drug, except

that such term does not include a controlled substance in

schedule I, II, or III under section 202(c) of the Controlled

Substances Act or a biological product as defined in section

351 of the Public Health Service Act.

‘‘(B) CHARITABLE CONTRIBUTIONS; PARENTERAL

DRUGS.—Notwithstanding any other provision of this section, section 801(d)(1)—

‘‘(i) continues to apply to a covered product donated or otherwise supplied for free by the manufacturer of the drug to a charitable or humanitarian organization, including the United Nations and affiliates,

or to a government of a foreign country; and

‘‘(ii) continues to apply to a covered product that is

a parenteral drug the importation of which pursuant to

subsection (a) is determined by the Secretary to pose a

threat to the public health.

‘‘(2) OTHER TERMS.—For purposes of this section:

‘‘(A) The term ‘importer’ means a pharmacist or wholesaler.

43

‘‘(B) The term ‘pharmacist’ means a person licensed by

a State to practice pharmacy, including the dispensing and

selling of prescription drugs.

‘‘(C) The term ‘prescription drug’ means a drug subject

to section 503(b).

‘‘(D) The term ‘qualifying laboratory’ means a laboratory in the United States that has been approved by the

Secretary for purposes of this section.

‘‘(E) The term ‘wholesaler’ means a person licensed as

a wholesaler or distributor of prescription drugs in the

United States pursuant to section 503(e)(2)(A). Such term

does not include a person authorized to import drugs under

section 801(d)(1).

‘‘(l) CONDITIONS.—This section shall become effective only if the

Secretary demonstrates to the Congress that the implementation of

this section will—

‘‘(1) pose no additional risk to the public’s health and safety; and

‘‘(2) result in a significant reduction in the cost of covered

products to the American consumer.

‘‘(m) SUNSET.—Effective upon the expiration of the five-year period beginning on the effective date of final regulations under subsection (a), this section ceases to have any legal effect.’’.

(d) PROHIBITED ACT.—

(1) IN GENERAL.—Section 301 of the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 331) is amended by adding at the

end the following:

‘‘(aa) The importation of a covered product in violation of section 804, the falsification of any record required to be maintained

or provided to the Secretary under such section, or any other violation of regulations under such section.’’.

(2) ENHANCED PENALTIES.—Section 303(b) of the Federal

Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by

adding at the end the following:

‘‘(6) Notwithstanding subsection (a), any person who is a manufacturer or importer of a covered product pursuant to section 804(a)

and knowingly fails to comply with a requirement of section 804(e)

that is applicable to such manufacturer or importer, respectively,

shall be imprisoned for not more than 10 years or fined not more

than $250,000, or both.’’.

(e) For an additional amount for ‘‘Salaries and expenses’’, Food

and Drug Administration, $23,000,000, solely to carry out the ‘‘Medicine Equity and Drug Safety Act of 2000’’, to be available only

upon submission of an official budget request and justification for

such amount by the President to the Congress.

SEC. 746. (a) SHORT TITLE.—This section may be cited as the

‘‘Prescription Drug Import Fairness Act of 2000’’.

(b) FINDINGS.—The Congress finds as follows:

(1) Patients and their families sometimes have reason to

import into the United States drugs that have been approved by

the Food and Drug Administration (‘‘FDA’’).

(2) There have been circumstances in which—

(A) an individual seeking to import such a drug has received a notice from FDA that importing the drug violates

44

or may violate the Federal Food, Drug, and Cosmetic Act;

and

(B) the notice failed to inform the individual of the reasons underlying the decision to send the notice.

(3) FDA should not send a warning notice regarding the

importation of a drug without providing to the individual involved a statement of the underlying reasons for the notice.

(c) CLARIFICATION OF CERTAIN RESPONSIBILITIES OF FOOD AND

DRUG ADMINISTRATION WITH RESPECT TO IMPORTATION OF PRESCRIPTION DRUGS INTO UNITED STATES.—Section 801 of the Federal

Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended by adding at the end the following subsection:

‘‘(g)(1) With respect to a prescription drug being imported or offered for import into the United States, the Secretary, in the case

of an individual who is not in the business of such importations,

may not send a warning notice to the individual unless the following conditions are met:

‘‘(A) The notice specifies, as applicable to the importation of

the drug, that the Secretary has made a determination that—

‘‘(i) importation is in violation of section 801(a) because

the drug is or appears to be adulterated, misbranded, or in

violation of section 505;

‘‘(ii) importation is in violation of section 801(a) because the drug is or appears to be forbidden or restricted

in sale in the country in which it was produced or from

which it was exported;

‘‘(iii) importation is or appears to be in violation of section 801(d)(1); or

‘‘(iv) importation otherwise is or appears to be in violation of Federal law.

‘‘(B) The notice does not specify any provision described in

subparagraph (A) that is not applicable to the importation of

the drug.

‘‘(C) The notice states the reasons underlying such determination by the Secretary, including a brief application to the

principal facts involved of the provision of law described in subparagraph (A) that is the basis of the determination by the Secretary.

‘‘(2) For purposes of this section, the term ‘warning notice’, with

respect to the importation of a drug, means a communication from

the Secretary (written or otherwise) notifying a person, or clearly

suggesting to the person, that importing the drug for personal use

is, or appears to be, a violation of this Act.’’.

SEC. 747. Notwithstanding any other provision of law, the Secretary of Agriculture may not deny a loan application made pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C.

1921 et seq.) in Arkansas solely on the basis that—

(a) the proceeds of the loan will be used to conduct activities in a flood plain; or

(b) the loan is secured by land that is in a flood plain.

SEC. 748. Section 2111(a)(3) of the Organic Foods Production

Act of 1990 (7 U.S.C. 651(a)(3)) is amended by adding after ‘‘sulfites,’’ ‘‘except in the production of wine,’’.

45

SEC. 749. Notwithstanding any other provision of law or regulation, hereafter, Friends of the National Arboretum, an organization described in section 501(c)(3) of the Internal Revenue Code of

1986 and exempt from taxation under section 501(a) of such Code

incorporated in the District of Columbia, shall not be considered a

prohibited source with respect to gifts to the United States National

Arboretum so long as Friends of the National Arboretum remains

an organization described under section 501(c)(3) of such Code and

continues to conduct its operations exclusively for the benefit of the

United States National Arboretum. The Secretary of Agriculture

shall, within 90 days of enactment of this Act, provide the Appropriations Committees of both Houses of Congress with either a copy

of a Memorandum of Understanding detailing the nature of its

partnership with the Friends of the National Arboretum, or with a

written explanation of why such a Memorandum of Understanding

could not be achieved.

SEC. 750. None of the funds made available by this Act may be

used to require an office of the Farm Service Agency that is using

FINPACK on May 17, 1999, for financial planning and credit analysis, to discontinue use of FINPACK for six months from the date

of enactment of this Act.

SEC. 751. Hereafter, the Secretary of Agriculture shall consider

any borrower whose income does not exceed 115 percent of the median family income of the United States as meeting the eligibility

requirements for a borrower contained in section 502(h)(2) of the

Housing Act of 1949 (42 U.S.C. 1472(h)(2)).

SEC. 752. Effective 180 days after the date of the enactment of

this Act and continuing for the remainder of fiscal year 2001 and

each subsequent fiscal year, establishments in the United States

that slaughter or process birds of the order Ratitae, such as ostriches, emus and rheas, and squab, for distribution in commerce as

human food shall be subject to the ante mortem and post mortem

inspection, reinspection, and sanitation requirements of the Poultry

Products Inspection Act (21 U.S.C. 451 et seq.) rather than the voluntary poultry inspection program of the Department of Agriculture

under section 203 of the Agricultural Marketing Act of 1946 (7

U.S.C. 1622).

SEC. 753. In developing a rule concerning on-farm standards

for prevention of Salmonella Enteritidis in shell eggs pursuant to

any plan to eliminate Salmonella Enteritidis illnesses due to eggs,

the Food and Drug Administration shall—

(a) consider one environmental test per laying cycle for each

layer house for verification of the producer’s Salmonella

Enteritidis reduction plan;

(b) consider when it is appropriate to require diversion of

shell eggs to treatment, such as pasteurization, and base any requirement for testing that would necessitate diversion, which

may include the receipt of a positive egg test result, on sound

science;

(c) conduct or support research to develop cost-effective and

improved tests for determination of Salmonella Enteritidis; and

(d) solicit comments on appropriate options for implementing a Salmonella Enteritidis reduction plan in shell eggs,

46

including comments on conducting and funding testing,

through state and federal programs.

SEC. 754. Public Law 105–277, division A, title XI, section 1121

(112 Stat. 2681–44, 2681–45) is amended by—

(1) striking ‘‘not later than January 1, 2000’’ and inserting

‘‘not later than January 1, 2001’’; and

(2) adding the following new subsection at the end

thereof—

‘‘(d) ADDITIONAL DISBURSEMENT.—

‘‘(1) COTTON STORED IN GEORGIA.—The State of Georgia

may use funds remaining in the indemnity fund established in

accordance with this section to compensate cotton producers in

other States who stored cotton in the State of Georgia and incurred losses in 1998 or 1999 as the result of the events described in subsection (a).

‘‘(2) GINNERS AND OTHERS.—The State of Georgia may also

use funds remaining in the indemnity fund established in accordance with this section to compensate cotton ginners and

others in the business of producing, ginning, warehousing, buying, or selling cotton for losses they incurred in 1998 or 1999

as the result of the events described in subsection (a), if—

‘‘(A) as of March 1, 2000, the indemnity fund has not

been exhausted,

‘‘(B) the State of Georgia provides cotton producers an

additional time period prior to May 1, 2000, in which to establish eligibility for compensation under this section;

‘‘(C) the State of Georgia determines during calendar

year 2000 that all cotton producers in that State and cotton

producers in other States as described in paragraph (d)(1)

have been appropriately compensated for losses incurred in

1998 or 1999 as described in subsection (a); and

‘‘(D) such additional compensation is not made available until May 1, 2000.’’.

SEC. 755. The Food Security Act of 1985 is amended by inserting after section 1230 (16 U.S.C. 3830) the following:

‘‘SEC. 1230A. GOOD FAITH RELIANCE.

‘‘(a) IN GENERAL.—Except as provided in subsection (d) and

notwithstanding any other provision of this chapter, the Secretary

shall provide equitable relief to an owner or operator that has entered into a contract under this chapter, and that is subsequently

determined to be in violation of the contract, if the owner or operator in attempting to comply with the terms of the contract and enrollment requirements took actions in good faith reliance on the action or advice of an authorized representative of the Secretary.

‘‘(b) TYPES OF RELIEF.—The Secretary shall—

‘‘(1) to the extent the Secretary determines that an owner or

operator has been injured by good faith reliance described in

subsection (a), allow the owner or operator to do any one or

more of the following—

‘‘(A) to retain payments received under the contract;

‘‘(B) to continue to receive payments under the contract;

‘‘(C) to keep all or part of the land covered by the contract enrolled in the applicable program under this chapter;

47

‘‘(D) to reenroll all or part of the land covered by the

contract in the applicable program under this chapter; or

‘‘(E) or any other equitable relief the Secretary deems

appropriate; and

‘‘(2) require the owner or operator to take such actions as

are necessary to remedy any failure to comply with the contract.

‘‘(c) RELATION TO OTHER LAW.—The authority to provide relief

under this section shall be in addition to any other authority provided in this or any other Act.

‘‘(d) EXCEPTION.—This section shall not apply to a pattern of

conduct in which an authorized representative of the Secretary takes

actions or provides advice with respect to an owner or operator that

the representative and the owner or operator know are inconsistent

with applicable law (including regulations).

‘‘(e) APPLICABILITY OF RELIEF.—Relief under this section shall

be available for contracts in effect on January 1, 2000 and for all

subsequent contracts.’’.

SEC. 756. Section 375(e)(6)(B) of the Consolidated Farm and

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

striking ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’.

SEC. 757. Refunds or rebates received on an on-going basis from

a credit card services provider under the Department of Agriculture’s charge card programs may be deposited to and retained

without fiscal year limitation in the Departmental Working Capital

Fund established under 7 U.S.C. 2235 and used to fund management initiatives of general benefit to the Department of Agriculture

bureaus and offices as determined by the Secretary of Agriculture

or the Secretary’s designee.

SEC. 758. The Act of August 19, 1958 (7 U.S.C. 1431 note) is

amended—

(1) by striking ‘‘clause (3) or (4) of’’ the first place it appears

and inserting ‘‘the Food for Progress Act of 1985,’’;

(2) by striking ‘‘clause (3) or (4) of such’’ and inserting ‘‘the

Food for Progress Act of 1985, such’’; and

(3) by striking ‘‘to the President’’.

SEC. 759. Notwithstanding any other provision of law, the Sea

Island Health Clinic located on Johns Island, South Carolina, shall

remain eligible for assistance and funding from the Rural Development community facilities programs administered by the Department of Agriculture until such time new population data is available from the 2000 Census.

SEC. 760. Notwithstanding any other provision of law, the area

bounded by West 197th Avenue, North S.W. 232nd Street, East U.S.

Highway 1 and S.W. 360th Street in Dade County, Florida, shall

continue to be eligible to receive business and industry guaranteed

loans under section 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932) until such time that population data

is available from the 2000 decennial Census.

SEC. 761. Hereafter, the Secretary of Agriculture shall consider

the City of Kewanee and the City of Jacksonville, Illinois, as meeting the requirements of a rural area contained in section 520 of the

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

SEC. 762. Notwithstanding any other provision of law, the Chief

of the Natural Resources Conservation Service shall provide funds,

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within discretionary amounts available, to pay the balance of the

amount due pursuant to the settlement of claims associated with the

Chuquatonchee Watershed Project in Mississippi to close out this

project.

SEC. 763. Notwithstanding any other provision of law, the

Konocti Water District, California, shall be eligible for grants and

loans administered by the Rural Utilities Service.

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

County, Kentucky, shall be considered to be a rural area for the purposes of the business and industry direct and guaranteed loan program authorized by the Consolidated Farm and Rural Development

Act (7 U.S.C. 1921 et seq.).

SEC. 765. The Secretary of Agriculture may convey, under such

terms and conditions as the Secretary considers appropriate, all

right, title, and interest of the United States in and to a parcel of

real property consisting of approximately one acre located within the

Sunnyside Subdivision in Prince George’s County, Maryland, for the

purpose of resolving land title claims and encroachments at the

Beltsville Agricultural Research Center and for promoting public access on Sunnyside Avenue. Any funds received by the Secretary as

a result of the conveyance shall be credited to and merged with the

appropriations available to operate the Beltsville Agricultural Research Center and shall be available, without further appropriation,

for the same purposes and for the same time period as such appropriations.

SEC. 766. Of the funds provided to carry out section 211(a) of

the Agricultural Risk Protection Act of 2000 (16 U.S.C. 2820 note;

Public Law 106–224), up to $500,000 shall be used solely for the

State of California.

SEC. 767. The first section of the Act of March 2, 1931 (7 U.S.C.

426) is amended to read as follows:

‘‘SECTION 1. PREDATORY AND OTHER WILD ANIMALS.

‘‘The Secretary of Agriculture may conduct a program of wildlife services with respect to injurious animal species and take any

action the Secretary considers necessary in conducting the program.

The Secretary shall administer the program in a manner consistent

with all of the wildlife services authorities in effect on the day before

the date of the enactment of the Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 2001.’’.

SEC. 768. Section 412(d) of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1736f(d)) is amended by striking ‘‘title I of the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)’’

and inserting ‘‘dairy price support operations’’.

SEC. 769. Notwithstanding any other provision of law, the City

of Coachella, California, shall be eligible for grants and loans administered by the rural development mission areas of the Department of Agriculture.

SEC. 770. Notwithstanding any other provision of law, the Secretary of Agriculture shall consider the City of Vicksburg, Mississippi, as meeting the requirements of a rural area in section 520

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

SEC. 771. Notwithstanding any other provision of law, the Administrator of the Rural Utilities Service shall use the authorities

49

provided in the Rural Electrification Act of 1936 to finance the acquisition of existing generation, transmission and distribution systems and facilities serving high cost, predominantly rural areas by

entities capable of and dedicated to providing or improving service

in such areas in an efficient and cost effective manner.

SEC. 772. None of the funds appropriated or otherwise made

available by this Act shall be used to issue a notice of proposed rulemaking, to promulgate a proposed rule, or to otherwise change or

modify the definition of ‘‘animal’’ in existing regulations pursuant

to the Animal Welfare Act.

SEC. 773. Section 306(a)(19)(A) of the Consolidated Farmers

Home Administration Act of 1961 is amended by inserting after

‘‘nonprofit corporations’’ the following new phrase: ‘‘, Indian tribes

(as such term is defined under section 4(e) of Public Law 93–638,

as amended),’’.

SEC. 774. Section 2101 of the Emergency Supplemental Act,

2000 (Public Law 106–246; 114 Stat. 541) is amended—

(1) by inserting ‘‘or prior’’ after ‘‘such outstanding’’; and

(2) by inserting ‘‘and subsequently repaid’’ after ‘‘placed

under loan’’.

SEC. 775. For purposes of administering Title IX of this Act, the

term ‘‘agricultural commodity’’ shall also include fertilizer and organic fertilizer, except to the extent provided pursuant to Section

904 of that title.

SEC. 776. HAMILTON GRANGE, NEW YORK.

(a) SENSE OF THE CONGRESS.—Congress finds that—

(1) Alexander Hamilton, assisted by James Madison and

George Washington, was the principal drafter of the Constitution of the United States;

(2) Hamilton was General Washington’s aide-de-camp during the Revolutionary War, and, given command by Washington

of the New York and Connecticut light infantry battalion, led

the successful assault on British redoubt number 10 at Yorktown;

(3) after serving as Secretary of the Treasury, Hamilton

founded the Bank of New York and the New York Post;

(4) the only home Hamilton ever owned, commonly known

as ‘‘the Grange’’, is a fine example of Federal period architecture

designed by New York architect John McComb, Jr., and was

built in upper Manhattan in 1803;

(5) the New York State Assembly enacted a law in 1908 authorizing New York City to acquire the Grange and move it to

nearby St. Nicholas Park, part of the original Hamilton estate,

but no action was taken;

(6) in 1962, the National Park Service took over management of the Grange, by then wedged on Convent Avenue within

inches between an apartment house on the north side and a

church on the south side;

(7) the 1962 designation of the Grange as a national memorial was contingent on the acquisition by the National Park

Service of a site to which the building could be relocated;

(8) the New York State legislature enacted a law in 1998

that granted approval for New York City to transfer land in St.

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Nicholas Park to the National Park Service, causing renovations to the Grange to be postponed; and

(9) no obelisk, monument, or classical temple along the national mall has been constructed to honor the man who more

than any other designed the Government of the United States,

Hamilton should at least be remembered by restoring his home

in a sylvan setting.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) Alexander Hamilton made an immense contribution to

the United States by serving as a principal drafter of the Constitution; and

(2) the National Park Service should expeditiously—

(A) proceed to relocate the Grange to St. Nicholas Park;

and

(B) restore the Grange to a state befitting the memory

of Alexander Hamilton.

SECTION 777. FINANCIAL ASSISTANCE FOR LAND ACQUISITION FOR

FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORIC SITE.

(a) IN GENERAL.—Section 4 of the Fallen Timbers Battlefield

and Fort Miamis National Historic Site Act of 1999 (Public Law

106–164; 16 U.S.C. 461 note) is amended by adding at the end the

following:

‘‘(d) LAND ACQUISITION ASSISTANCE.— ‘‘(1) IN GENERAL.—The Secretary may provide financial assistance to the management entity for acquiring lands or interests in lands within the boundaries of the historic site under

subsection (b).

‘‘(2) COST SHARING.—Financial assistance under this subsection may not be used to pay more than 50 percent of the cost

of any acquisition made with the assistance.

‘‘(3) CONDITION.—The Secretary shall require, as a condition

of any assistance under this subsection, that any interest in

land acquired with assistance under this subsection shall be included in and managed as part of the historic site.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 6 of such Act

is amended by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘There is authorized’’, and by adding at the end the following:

‘‘(b) LAND ACQUISITION ASSISTANCE.—There is authorized to be

appropriated $2,500,000 to carry out section 4(d).’’

TITLE VIII

NATURAL DISASTER ASSISTANCE AND OTHER

EMERGENCY APPROPRIATIONS

DEPARTMENT OF AGRICULTURE

OFFICE OF THE CHIEF INFORMATION OFFICER

COMMON COMPUTING ENVIRONMENT

For an additional amount for ‘‘Common Computing Environment,’’ $19,500,000, to remain available until expended: Provided,

That the entire amount shall be available only to the extent that an

official budget request for $19,500,000, that includes designation of

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the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)

of such Act.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for Departmental Administration,

$200,000: Provided, That this amount shall be transferred to the

Small Business Administration to support two advocacy staffers to

review rules and regulations relating to disasters to determine the

impact of their implementation on small business entities: Provided

further, That the entire amount shall be available only to the extent

an official budget request for $200,000, that includes designation of

the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)

of such Act.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$50,000,000, to remain available until expended: Provided, That the

entire amount shall be available only to the extent that an official

budget request for $50,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined

in the Balanced Budget and Emergency Deficit Control Act of 1985,

as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress

as an emergency requirement pursuant to section 251(b)(2)(A) of

such Act.

EMERGENCY CONSERVATION PROGRAM

For an additional amount for ‘‘Emergency Conservation Program,’’ for expenses resulting from natural disasters, $80,000,000, to

remain available until expended: Provided, That the entire amount

shall be available only to the extent an official budget request for

$80,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

FEDERAL CROP INSURANCE CORPORATION FUND

For an additional amount for the Federal Crop Insurance Corporation Fund, up to $13,000,000, to provide premium discounts to

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purchasers of crop insurance reinsured by the Corporation (except

for catastrophic risk protection coverage), as authorized under section 1102(g)(2) of the Agriculture, Rural Development, Food and

Drug Administration and Related Agencies Appropriations Act,

1999 (Public Law 105–277): Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ‘‘Watershed and Flood Prevention

Operations’’, to repair damages to the waterways and watersheds,

including the purchase of floodplain easements, resulting from natural disasters, $110,000,000, to remain available until expended:

Provided, That of the amount made available in this section, the

Secretary may use up to $2,000,000 to replace, repair and improve

snow telemetry equipment impacted by fire, winds, and fire fighting

efforts in order to protect watersheds: Provided further, That the entire amount shall be available only to the extent an official budget

request for $110,000,000, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

RURAL COMMUNITY ADVANCEMENT PROGRAM

For an additional amount for the Rural Community Advancement Program, $200,000,000, to remain available until expended:

Provided, That of the additional amount appropriated, $50,000,000

shall be to provide grants for facilities in rural communities with

extreme unemployment and severe economic depression: Provided

further, That of the additional amount appropriated, $30,000,000

shall be to provide grants in rural communities with extremely high

energy costs: Provided further, That of the additional amount appropriated, $50,000,000 shall be for rural community programs described in section 381E(d)(1) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 2009d), of which $25,000,000 shall be to

provide assistance to areas in the State of North Carolina subject

to a declaration of a major disaster as a result of Hurricane Floyd,

Hurricane Dennis, or Hurricane Irene: Provided further, That of the

additional amount appropriated, $70,000,000 shall be for the cost

of direct loans and grants of the rural utilities programs described

in section 381E(d)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009d) for distribution through the national reserve, of which $30,000,000 may be used in counties which have received an emergency designation by the President or the Secretary

after January 1, 2001, for applications responding to water shortages resulting from the designated emergency: Provided further,

That the entire amount necessary to carry out this section shall be

available only to the extent that an official budget request for

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$200,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

GENERAL PROVISIONS—THIS TITLE

SEC. 801. Notwithstanding section 11 of the Commodity Credit

Corporation Charter Act (15 U.S.C. 714i), an additional

$35,000,000, to remain available until expended, shall be provided

through the Commodity Credit Corporation for technical assistance

activities performed by any agency of the Department of Agriculture

in carrying out the Conservation Reserve Program and the Wetlands

Reserve Program funded by the Commodity Credit Corporation:

Provided, That the entire amount shall be available only to the extent an official budget request for $35,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of such Act.

SEC. 802. The paragraph under the heading ‘‘Livestock Assistance’’ in chapter 1, title I of H.R. 3425 of the 106th Congress, enacted by section 1000(a)(5) of Public Law 106–113 (113 Stat. 1536)

is amended by striking ‘‘during 1999’’ and inserting ‘‘from January

1, 1999, through February 7, 2000’’: Provided, That the entire

amount necessary to carry out this section shall be available only

to the extent that an official budget request for the entire amount,

that includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended, is transmitted

by the President to the Congress: Provided further, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of such Act.

SEC. 803. Hereafter, for the purposes of the Livestock Indemnity

Program authorized in Public Law 105–18, the term ‘‘livestock’’

shall have the same meaning as the term ‘‘livestock’’ under section

104 of Public Law 106–31.

SEC. 804. Notwithstanding any other provision of law, the Secretary of Agriculture may use the funds, facilities and authorities of

the Commodity Credit Corporation to administer and make payments for losses not otherwise compensated to: (a) compensate growers whose crops could not be sold due to Mexican fruit fly quarantines in San Diego and San Bernardino/Riverside counties in

California since their imposition on November 16, 1999, and September 10, 1999, respectively; (b) compensate growers in relation to

the Secretary’s ‘‘Declaration of Extraordinary Emergency’’ on March

2, 2000, regarding the plum pox virus; (c) compensate growers for

losses due to Pierce’s disease; (d) compensate growers for losses due

to watermelon sudden wilt disease; and (e) compensate growers for

losses incurred due to infestations of grasshoppers and Mormon

crickets: Provided, That the entire amount necessary to carry out

54

this section shall be available only to the extent that an official

budget request for the entire amount, that includes designation of

the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)

of such Act.

SEC. 805. The Secretary shall use the funds, facilities and authorities of the Commodity Credit Corporation to make and administer supplemental payments to dairy producers who received a payment under section 805 of Public Law 106–78 and to new dairy producers. Such payment, per unit of production used in such prior

payments, shall be in an amount equal to 35 percent of the reduction in market value per unit of milk production in 2000, as determined by the Secretary, based, to the extent practicable, on price estimates as of the date of enactment of this Act, from the previous

5-year average and on the base production of the producer used to

make a payment under section 805 of Public Law 106–78: Provided,

That these funds shall be available until September 30, 2001: Provided further, That the Secretary shall make payments to producers

under this section in a manner consistent with and subject to the

same limitations on payments and eligible production which were

applicable to the payments that were made to dairy producers under

section 805 of Public Law 106–78, except that a producer may be

paid for production up to 39,000 cwt: Provided further, That the

Secretary shall also make payments to new dairy producers at the

same per unit rate: Provided further, That for any dairy producers,

including new dairy producers, whose base production was less

than twelve months for purposes of section 805 of Public Law 106–

78, the producer’s base production for the purposes of payments

under this section may be, at the producer’s option, the production

of that producer in the twelve months preceding the enactment of

this section or the producer’s base production under the program

carried out under section 805 of Public Law 106–78 subject to such

limitations which are applicable to other producers: Provided further, That the entire amount necessary to carry out this section shall

be available only to the extent that an official budget request for the

entire amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 806. The Secretary shall use the funds, facilities and authorities of the Commodity Credit Corporation in an amount equal

to $490,000,000 to make and administer payments for livestock

losses using the criteria established to carry out the 1999 Livestock

Assistance Program (except for application of the national percentage reduction factor) to producers for 2000 losses in a county which

has received an emergency designation by the President or the Secretary after January 1, 2000, and shall be available until September 30, 2001: Provided, That the Secretary shall give consideration to the effect of recurring droughts in establishing the level of

55

payments to producers under this section: Provided further, That of

the funds made available by this section, up to $40,000,000 may be

used to carry out the Pasture Recovery Program: Provided further,

That the payments to a producer made available through the Pasture Recovery Program shall be no less than 65 percent of the average cost of reseeding: Provided further, That of the funds made

available, the Secretary shall use not more than $12,000,000 to

carry out the American Indian Livestock Feed Program: Provided

further, That the entire amount necessary to carry out this section

shall be available only to the extent that an official budget request

for $490,000,000, that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 807. In using amounts made available under section

801(a) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000 (7

U.S.C. 1421 note; Public Law 106–78), or under the matter under

the heading ‘‘CROP LOSS ASSISTANCE’’ under the heading ‘‘COMMODITY CREDIT CORPORATION FUND’’ of H.R. 3425 of the 106th Congress, as enacted by section 1001(a)(5) of Public Law 106–113 (113

Stat. 1536, 1501A–289), to provide emergency financial assistance to

producers on a farm that have incurred losses in a 1999 crop due

to a disaster, the Secretary of Agriculture shall consider nursery

stock losses caused by Hurricane Irene on October 16 and 17, 1999,

to be losses to the 1999 crop of nursery stock: Provided, That such

sums shall also be available to provide additional compensation to

eligible agriculture producers of 1999 crop year citrus fruit for

losses incurred due to the December 1998 freeze in California: Provided further, That such additional compensation, together with

compensation previously provided by the Secretary of Agriculture for

such losses does not exceed the level of compensation such producers

would have received if such losses had occurred during the 1998

crop year: Provided further, That the entire amount necessary to

carry out this section shall be available only to the extent that an

official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act

of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount necessary to carry

out this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 808. Notwithstanding section 1237(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3837(b)(1)), the Secretary of Agriculture

may permit the enrollment of not to exceed 1,075,000 acres in the

Wetlands Reserve Program: Provided, That notwithstanding section

11 of the Commodity Credit Corporation Charter Act (15 U.S.C.

714i), such sums as may be necessary, to remain available until expended, shall be provided through the Commodity Credit Corporation for technical assistance activities performed by any agency of

the Department of Agriculture in carrying out this section: Provided

further, That the entire amount necessary to carry out this section

56

shall be available only to the extent that an official budget request

for the entire amount, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 809. In addition to other compensation paid by the Secretary of Agriculture, the Secretary shall compensate, for economic

losses not otherwise compensated, or otherwise seek to make whole,

from funds of the Commodity Credit Corporation, not to exceed

$2,400,000, the owners of all sheep destroyed from flocks within the

period ending 20 days after the date of enactment of this Act under

the Secretary’s declarations of July 14, 2000, for lost income, or

other business interruption losses, due to actions of the Secretary

with respect to such sheep: Provided, That the entire amount necessary to carry out this section shall be available only to the extent

that an official budget request for the entire amount, that includes

designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of such Act.

SEC. 810. (a) The Secretary of Agriculture shall pay Florida

commercial citrus and lime growers $26 for each commercial citrus

or lime tree removed to control citrus canker in order to allow for

tree replacement and associated business costs. Payments under this

subsection shall be capped in accordance with the following trees

per acre limitations:

(1) in the case of grapefruit, 104 trees per acre;

(2) in the case of valencias, 123 trees per acre;

(3) in the case of navels, 118 trees per acre;

(4) in the case of tangelos, 114 trees per acre;

(5) in the case of limes, 154 trees per acre; and

(6) in the case of other or mixed citrus, 104 trees per acre.

(b) The Secretary of Agriculture shall compensate Florida commercial citrus and lime growers for lost production, as determined

by the Secretary of Agriculture, with respect to trees removed to control citrus canker.

(c) To receive assistance under this section, a tree referred to in

subsection (a) or (b) must have been removed after January 1, 1986,

and before September 30, 2001.

(d) In the case of a removed tree that was covered by a crop insurance tree policy, compensation for lost production under subsection (b) with respect to such a tree shall be reduced by the indemnity received with respect to such a tree. In the case of a removed

tree that was not covered by a crop insurance tree policy, although

such insurance was available for the tree, compensation for lost production under subsection (b) with respect to such a tree shall be reduced by 5 percent.

(e) The Secretary of Agriculture shall use $58,000,000 of the

funds of the Commodity Credit Corporation to carry out this section,

to remain available until expended.

57

(f) The entire amount necessary to carry out this section shall

be available only to the extent that an official budget request for the

entire amount, that includes designation of the entire amount of the

request as an emergency requirement under the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire

amount is designated by the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of such Act.

SEC. 811. Notwithstanding any other provision of law, the Secretary of Agriculture shall use $100,000,000 of Commodity Credit

Corporation funds, to remain available until expended, to make

payments to apple producers to provide relief for the loss of markets:

Provided, That the amount of payment to each producer shall be

made on a per pound basis equal to each qualifying producer’s 1998

and 1999 production of apples: Provided further, That the grower

shall establish eligibility for the amount of market loss payment

upon either of the two crop years or an average of the two years:

Provided further, That the Secretary shall not make payments for

that amount of a particular farm’s apple production that is in excess of 1.6 million pounds: Provided further, That in addition to the

assistance provided under this section, the Secretary of Agriculture

shall use $38,000,000 of Commodity Credit Corporation funds, to

remain available until expended, to make payments to apple and

potato producers to compensate them for quality losses to either or

both their 1999 and 2000 crops due to fireblight or weather-related

disaster, including but not limited to a hurricane or hail: Provided

further, That these payments shall be made regardless of whether

a crop was harvested and without limit: Provided further, That the

producer shall be ineligible for payments under this section with respect to a market loss for apples or a quality loss for apples or potatoes to the extent of that amount that the producer received as compensation or assistance for the loss under any other Federal program, other than the Federal Crop Insurance Program established

under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.): Provided further, That the Secretary shall not establish any terms or

conditions for grower eligibility, such as limits based upon gross income, other than those in this section: Provided further, That the assistance made available under this section for an eligible producer

shall be made as soon as practicable after the enactment of this Act:

Provided further, That the entire amount necessary to carry out this

section shall be available only to the extent that an official budget

request for the entire amount, that includes designation of the entire

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 812. (a) NONRECOURSE MARKETING ASSISTANCE LOANS.—

(1) The Secretary shall use funds of the Commodity Credit

Corporation to make nonrecourse marketing assistance loans

available to producers of the 2000 crop of honey.

(2) The loan rate for a marketing assistance loan under

paragraph (1) for honey shall be 65 cents per pound.

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(3) The Secretary shall permit producers to repay a marketing assistance nonrecourse loan under paragraph (1) at a

rate that is the lesser of—

(A) the loan rate for honey, plus interest (as determined

by the Secretary); or

(B) the prevailing domestic market price for honey, as

determined by the Secretary.

(b) LOAN DEFICIENCY PAYMENTS.—

(1) The Secretary may make loan deficiency payments

available to any producer of honey that, although eligible to obtain a marketing assistance loan under subsection (a), agrees to

forgo obtaining the loan in return for a payment under this

subsection.

(2) A loan deficiency payment under this subsection shall

be determined by multiplying—

(A) the loan payment rate determined under paragraph

(3); by

(B) the quantity of honey that the producer is eligible

to place under loan, but for which the producer forgoes obtaining the loan in return for a payment under this subsection.

(3) For the purposes of this subsection, the loan payment

rate shall be the amount by which—

(A) the loan rate established under subsection (a)(2);

exceeds

(B) the rate at which a loan may be repaid under subsection (a)(3).

(c) In order to provide an orderly transition to the loans and

payments provided under this section, the Secretary shall convert

recourse loans for the 2000 crop of honey outstanding on the date

of enactment of this Act to nonrecourse marketing assistance loans

under subsection (a).

(d) LIMITATIONS.—

(1) The marketing assistance loan gains and loan deficiency payments that a person may receive for the 2000 crop of

honey under this section shall be subject to the same limitations

that apply to marketing assistance loans and loan deficiency

payments received by producers of the same crop of other agricultural commodities.

(2) The Secretary shall carry out this section in such a

manner as to minimize forfeitures of honey marketing assistance loans.

(e) The Secretary shall make loans and loan deficiency payments under this section available to producers beginning not later

than 30 days after the date of enactment of this Act.

(f) In the case of a producer that marketed or redeemed, before,

on, or within 30 days after the date of the enactment of this Act,

a quantity of an eligible 2000 crop for which the producer has not

received a loan deficiency payment or marketing loan gain under

this section, the producer shall be eligible to receive a payment from

the Secretary of Agriculture under this section in an amount equal

to the payment or gain that the producer would have received for

that quantity of eligible production as of the date on which the proVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00058 Fmt 6604 Sfmt 6603 E:\HR\OC\HR948.044 pfrm01 PsN: HR948
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ducer lost beneficial interest in the quantity or redeemed the quantity, as determined by the Secretary.

(g) The entire amount necessary to carry out this section shall

be available only to the extent that an official budget request for the

entire amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 813. The Secretary shall use up to $10,000,000 of the

funds of the Commodity Credit Corporation to make livestock indemnity payment to producers on a farm that have incurred livestock losses during calendar year 2000 due to a disaster, as determined by the Secretary, including losses due to fires and anthrax:

Provided, That the entire amount shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress: Provided further, That the entire amount

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 814. The Secretary shall use the funds, facilities and authorities of the Commodity Credit Corporation, not to exceed

$20,000,000, to make payments directly to producers of wool, and

producers of mohair, for the 2000 marketing year: Provided, That

the payment rate for producers of wool and mohair shall be equal

to $0.40 per pound: Provided further, That the entire amount necessary to carry out this section shall be available only to the extent

that an official budget request for the entire amount, that includes

designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of such Act.

SEC. 815. (a) IN GENERAL.—The Secretary of Agriculture (referred to in this section as the ‘‘Secretary’’) shall use such sums as

are necessary of funds of the Commodity Credit Corporation to

make emergency financial assistance authorized under this section

available to producers on a farm that have incurred qualifying

losses described in subsection (c).

(b) ADMINISTRATION.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary shall make assistance available under this section in

the same manner as provided under section 1102 of the Agriculture, Rural Development, Food and Drug Administration,

and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421

note; Public Law 105–277), including using the same loss

thresholds for quantity and economic losses as were used in administering that section.

(2) LOSS THRESHOLDS FOR QUALITY LOSSES.—In the case of

a payment for quality loss for a crop under subsection (c)(2), the

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loss thresholds for quality loss for the crop shall be determined

under subsection (d).

(c) QUALIFYING LOSSES.—Assistance under this section may be

made available for losses due to damaging weather or related condition (including losses due to crop diseases and insects) associated

with crops that are, as determined by the Secretary—

(1) quantity losses for the 2000 crop;

(2) quality losses for the 2000 crop; or

(3) severe economic losses for the 2000 crop.

(d) QUALITY LOSSES.—

(1) AMOUNT OF QUALITY LOSS.—The amount of a quality

loss for a crop of producers on a farm under subsection (c)(2)

shall be equal to the difference between—

(A) the per unit market value of the units of the crop

affected by the quality loss would have had if the crop had

not suffered a quality loss; and

(B) the per unit market value of the units of the crop

affected by the quality loss.

(2) AMOUNT OF QUALITY LOSS PAYMENT.—Subject to paragraph (3), the amount of a payment made to producers on a

farm for a quality loss for a crop under subsection (c)(2) shall

be equal to the amount obtained by multiplying—

(A) 65 percent of the quantity of the crop affected by the

quality loss that was produced on the farm; by

(B) 65 percent of the per unit quality loss for the crop

determined under paragraph (1).

(3) ELIGIBILITY.—For producers on a farm to be eligible to

obtain a payment for a quality loss for a crop under subsection

(c)(2), the amount obtained by multiplying the per unit loss determined under paragraph (1) by the number of units affected

by the quality loss shall be at least 20 percent of the value that

all production of the crop would have had if the crop had not

suffered a quality loss.

(e) CROPS COVERED.—Assistance under this section shall be applicable to losses for all crops, as determined by the Secretary, due

to disasters, including—

(1) irrigated crops that, due to lack of water or contamination by saltwater intrusion of an irrigation supply resulting

from drought conditions, were planted and suffered a loss or

were prevented from being planted;

(2) pecans; and

(3) nursery losses in the State of Florida that occur, because

of disaster, during the period beginning on October 1, 2000,

and ending on December 31, 2000. Calculations of the amount

of such losses shall be made independently of other losses of the

producer, and such losses shall be subject to a separate limit on

payment amounts as may otherwise apply. Any payment under

this section for such losses shall for all purposes, present and

future, be considered to be a 2000 crop payment, and such compensated losses shall be ineligible for any assistance that may

become available for 2001 crop losses.

(f) CROP INSURANCE.—In carrying out this section, the Secretary shall not discriminate against or penalize producers on a

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farm that have purchased crop insurance under the Federal Crop

Insurance Act (7 U.S.C. 1501 et seq.).

(g) LIMITATION ON PAYMENTS FOR MULTIPLE LOSSES ON SAME

ACREAGE.—Notwithstanding subsection (d), a producer may not receive assistance under this section for losses to more than 2000 crop

on the same acreage unless there is an established practice of planting two or more crops for harvest on such acreage in the same crop

year, as determined by the Secretary. The Secretary shall give a producer that is not covered by the exception in the previous sentence

an opportunity to designate the 2000 crop for which the producer requests assistance under this section.

(h) The entire amount necessary to carry out this section shall

be available only to the extent that an official budget request for the

entire amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 816. Of the amounts made available to the Secretary for

the purchase of specialty crops under sections 203(d) and 261(a)(2)

of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note;

Public Law 106–224), the Secretary shall use not less than

$30,000,000 to purchase cranberry juice concentrate and frozen

cranberry fruit: Provided, That section 203(d)(1) of the Agricultural

Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106–

224) is amended by inserting ‘‘or cranberry products (including

cranberry juice concentrate and frozen cranberry fruit)’’ after ‘‘cranberries’’: Provided further, That in this section, the term ‘‘farm unit’’

means a separate and distinct farming operation that reports independent production information to the Cranberry Marketing Committee: Provided further, That to provide assistance for loss of markets for cranberries, the Secretary shall use $20,000,000 of funds of

the Commodity Credit Corporation to make payments to cranberry

producers: Provided further, That subject to this section and such

other terms and conditions as are determined by the Secretary, a

payment under this section shall be made on the basis of the quantity of the 1999 crop of cranberries that was produced on each farm

unit: Provided further, That the maximum quantity of the 1999 crop

of cranberries for which producers are eligible for a payment for a

farm unit under this section shall be 1,600,000 pounds: Provided

further, That subject to this section, the Secretary shall take such

actions as are necessary to ensure that payments made under this

section do not duplicate payments provided under other Federal

programs for the same loss: Provided further, That this shall not

apply to an indemnity provided under a policy or plan of insurance

offered under the Federal Crop Insurance Act (7 U.S.C. 1501 et

seq.): Provided further, That the entire amount necessary to carry

out this section shall be available only to the extent that an official

budget request for the entire amount, that includes designation of

the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the ConVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00061 Fmt 6604 Sfmt 6603 E:\HR\OC\HR948.047 pfrm01 PsN: HR948
62

gress as an emergency requirement pursuant to section 251(b)(2)(A)

of such Act.

SEC. 817. Section 1232(a)(4) of the Food Security Act of 1985

(16 U.S.C. 3832(a)(4)) is amended—

(1) by striking ‘‘except that such’’ and inserting ‘‘except

that—

‘‘(A) such’’;

(2) by inserting ‘‘and’’ after the semicolon at the end; and

(3) by adding at the end the following:

‘‘(B) the Secretary shall not terminate the contract for

failure to establish approved vegetative or water cover on

the land if—

‘‘(i) the failure to plant such cover was due to excessive rainfall or flooding;

‘‘(ii) the land subject to the contract that could

practicably be planted to such cover is planted to such

cover; and

‘‘(iii) the land on which the owner or operator was

unable to plant such cover is planted to such cover

after the wet conditions that prevented the planting

subsides;’’.

SEC. 818. (a) Section 353(e) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 2001(e)) is amended by adding at

the end the following:

‘‘(7) FINANCING OF RECAPTURE PAYMENT.—

‘‘(A) IN GENERAL.—The Secretary may amortize a recapture payment owed to the Secretary under this subsection.

‘‘(B) TERM.—The term of an amortization under this

paragraph may not exceed 25 years.

‘‘(C) INTEREST RATE.—

‘‘(i) IN GENERAL.—The interest rate applicable to

an amortization under this paragraph may not exceed

the rate applicable to a loan to reacquire homestead

property less 100 basis points.

‘‘(ii) EXISTING AMORTIZATIONS AND LOANS.—The

interest rate applicable to an amortization or loan

made by the Secretary before the date of enactment of

this paragraph to finance a recapture payment owed to

the Secretary under this subsection may not exceed the

rate applicable to a loan to reacquire homestead property less 100 basis points.’’.

(b) The entire amount necessary to carry out this section shall

be available only to the extent that an official budget request for the

entire amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 819. The Secretary of Agriculture shall use up to

$2,500,000 of the funds of the Commodity Credit Corporation to

provide financial assistance to the State of South Carolina to capitalize the South Carolina Grain Dealers Guaranty Fund: Provided,

63

That these funds shall only be available if the State of South Carolina provides an equal amount in the form of a grant to the South

Carolina Grain Dealers Guaranty Fund: Provided further, That the

entire amount necessary to carry out this section shall be available

only to the extent that an official budget request for the entire

amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 820. (a) The Secretary of Agriculture may use funds made

available under sections 211(a) and 211(b), and 133(b) of the Agricultural Risk Protection Act of 2000 to provide technical assistance

to farmers and ranchers for the purposes described in sections

211(a) and 211(b), and 133(b) of that Act; and

(b) The Secretary of Agriculture may use funds made available

under section 211(b) of the Agricultural Risk Protection Act of 2000

(16 U.S.C. 3830 note; Public Law 106–224) to provide additional

funding for the Wildlife Habitat Incentive Program established

under section 387 of the Federal Agriculture Improvement and Reform Act of 1996 in such sums as the Secretary considers necessary

to carry out that program.

(c) The entire amount necessary to carry out this section shall

be available only to the extent that an official budget request for the

entire amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 821. Section 19(a)(1)(A) of the Food Stamp Act of 1977 (7

U.S.C. 2028(a)(1)(A)) is amended by striking ‘‘Puerto Rico’’ and all

that follows through ‘‘2002, to finance’’ and inserting ‘‘Puerto Rico—

‘‘(i) for fiscal year 2000, $1,268,000,000;

‘‘(ii) for fiscal year 2001, the amount required to be paid

under clause (i) for fiscal year 2000, as adjusted by the change

in the Food at Home series of the Consumer Price Index for All

Urban Consumers, published by the Bureau of Labor Statistics

of the Department of Labor, for the most recent 12-month period

ending in June; and

‘‘(iii) for fiscal year 2002, the amount required to be paid

under clause (ii) for fiscal year 2001, as adjusted by the percentage by which the thrifty food plan is adjusted for fiscal year

2002 under section 3(o)(4);

to finance’’.

SEC. 822. Notwithstanding any other provision of law, the Secretary of Agriculture shall make a payment in the amount

$7,200,000 to the State of Hawaii from the Commodity Credit Corporation for assistance to an agricultural transportation cooperative

in Hawaii, the members of which are eligible to participate in the

Farm Service Agency administered Commodity Loan Program and

have suffered extraordinary market losses due to unprecedented low

prices: Provided, That the entire amount shall be available only to

64

the extent an official budget request for $7,200,000, that includes

designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of such Act.

SEC. 823. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and

technical assistance to the Long Park Dam in Utah from funds

available for the Emergency Watershed Program, not to exceed

$4,500,000.

SEC. 824. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and

technical assistance to the Kuhn Bayou (Point Remove) Project in

Arkansas from funds available for the Emergency Watershed Program, not to exceed $3,300,000.

SEC. 825. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and

technical assistance to the Snake River Watershed project in Minnesota from funds available for the Emergency Watershed Program,

not to exceed $4,000,000.

SEC. 826. Of the funds made available for the Emergency Watershed Protection Program activities in the State of North Carolina, $1,000,000 shall be available to the Secretary of Agriculture,

acting through the Natural Resources Conservation Service, to provide technical and financial assistance for implementation of the

project known as the ‘‘Flood Water Mitigation and Stream Restoration Project’’, Princeville, North Carolina.

SEC. 827. Notwithstanding any other provision of law, funds

paid to oyster producers in the State of Connecticut under section

1102 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as contained in the Omnibus Consolidated and Emergency Supplemental

Appropriations Act, 1999 (Public Law 105–277) shall be retained by

such producers.

SEC. 828. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and

technical assistance to DuPage County, Illinois, from funds available for the Emergency Watershed Program, not to exceed

$1,100,000.

SEC. 829. Subtitle G, Section 262 of Public Law 106–224 is

amended as follows: After ‘‘obligate’’, strike ‘‘and expend’’.

SEC. 830. Any funds appropriated by Cerro Grande Fire Supplemental as contained in Public Law 106–246 for the Emergency

Conservation Program not required to meet the purposes of rehabilitating farmland damaged from fires which resulted from prescribed

burnings conducted by the Federal Government may be used by the

Secretary of Agriculture for activities mandated under the Emergency Conservation Program authorized under section 401 of the

Agricultural Credit Act of 1978 (16 U.S.C. 2201) consistent with the

cost-share requirements of that program: Provided, That the entire

amount shall be available only to the extent that an official budget

request for the entire amount, that includes designation of the entire

65

amount of the request as an emergency requirement as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985, as

amended, is transmitted by the President to the Congress: Provided

further, That the entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 831. Notwithstanding any other provision of law, for technical and financial assistance up to $120,000 shall be made available from the Emergency Watershed Program for the Camp Lejeune

Project on the Camp Lejeune Marine Base, North Carolina.

SEC. 832. Funds appropriated by this Act and Public Law 106–

113 to the Agricultural Credit Insurance Program Account for farm

ownership and operating direct loans and guaranteed loans and

emergency loans may be transferred among these programs with the

prior approval of the Committees on Appropriations of both Houses

of Congress: Provided, That the entire amount shall be available

only to the extent that an official budget request for the entire

amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 833. Section 321(b) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1961(b)) is amended by adding at the

end the following:

‘‘(3) LOANS TO POULTRY FARMERS.—

‘‘(A) INABILITY TO OBTAIN INSURANCE.—

‘‘(i) IN GENERAL.—Notwithstanding any other provision of this subtitle, the Secretary may make a loan

to a poultry farmer under this subtitle to cover the loss

of a chicken house for which the farmer did not have

hazard insurance at the time of the loss, if the

farmer—

‘‘(I) applied for, but was unable, to obtain hazard insurance for the chicken house;

‘‘(II) uses the loan to rebuild the chicken house

in accordance with industry standards in effect on

the date the farmer submits an application for the

loan (referred to in this paragraph as ‘current industry standards’);

‘‘(III) obtains, for the term of the loan, hazard

insurance for the full market value of the chicken

house; and

‘‘(IV) meets the other requirements for the loan

under this subtitle.

‘‘(ii) AMOUNT.—Subject to the limitation contained

in section 324(a)(2), the amount of a loan made to a

poultry farmer under clause (i) shall be an amount

that will allow the farmer to rebuild the chicken house

in accordance with current industry standards.

‘‘(B) LOANS TO COMPLY WITH CURRENT INDUSTRY

STANDARDS.—

‘‘(i) IN GENERAL.—Notwithstanding any other provision of this subtitle, the Secretary may make a loan

66

to a poultry farmer under this subtitle to cover the loss

of a chicken house for which the farmer had hazard insurance at the time of the loss, if—

‘‘(I) the amount of the hazard insurance is less

than the cost of rebuilding the chicken house in accordance with current industry standards;

‘‘(II) the farmer uses the loan to rebuild the

chicken house in accordance with current industry

standards;

‘‘(III) the farmer obtains, for the term of the

loan, hazard insurance for the full market value of

the chicken house; and

‘‘(IV) the farmer meets the other requirements

for the loan under this subtitle.

‘‘(ii) AMOUNT.—Subject to the limitation contained

in section 324(a)(2), the amount of a loan made to a

poultry farmer under clause (i) shall be the difference

between—

‘‘(I) the amount of the hazard insurance obtained by the farmer; and

‘‘(II) the cost of rebuilding the chicken house in

accordance with current industry standards.’’.

SEC. 834. For an additional amount for grants under sections

231(a) and 261(a)(2) of the Agricultural Risk Protection Act of 2000,

$10,000,000: Provided, That the entire amount shall be available

only to the extent an official budget request for $10,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress: Provided further, That the entire amount

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 835. For an additional amount for the cost (as defined in

section 502 of the Congressional Budget Act of 1974) of guaranteed

loans under section 310B(a)(1) of the Consolidated Farm and Rural

Development Act, $10,000,000: Provided, That the entire amount

shall be available only to the extent an official budget request for

$10,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 836. Section 156(e) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(e)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘recourse’’ each place that it appears

and inserting ‘‘nonrecourse’’; and

(B) by striking ‘‘Subject to paragraph (2), the’’ and inserting ‘‘The’’;

(2) by striking paragraph (2);

(3) by re-designating paragraph (3) as paragraph (2); and

67

(4) in paragraph (2) as so re-designated, by striking ‘‘If’’

through ‘‘shall’’ in the first sentence and inserting ‘‘The Secretary shall’’.

SEC. 837. Notwithstanding section 1001(2) of the Food Security

Act of 1985 (7 U.S.C. 1308 (1)), the total amount of the payments

specified in section 1001(3) of that Act or section 812 of this Act that

a person shall be entitled to receive under the Agricultural Market

Transition Act (7 U.S.C. 7201 et seq.) for one or more contract commodities, oilseeds and for honey under section 812 of this Act produced during the 2000 crop year may not exceed $150,000: Provided, That in carrying out this section, the Secretary shall allow

a producer that has marketed or redeemed a quantity of an eligible

2000 crop for which the producer has not received a loan deficiency

payment or marketing loan gain under section 134 or 135 of the Agricultural Market Transition Act (7 U.S.C. 7234, 7235) or section

812 of this Act to receive such payment or gain as of the date on

which the quantity was marketed or redeemed, as determined by the

Secretary.

SEC. 838. Notwithstanding any other provision of law, the Secretary shall extend until the date that is 60 days after the date of

enactment of this Act the final eligibility date for marketing assistance loans and loan deficiency payments under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) for rice of

special grade designations, as determined by the Secretary, that was

made eligible for the loans by the Secretary during December 1999;

and for which producers were not notified of the eligibility period

for the loans: Provided, That producers on a farm that lost a beneficial interest in rice after the date on which the rice was made ineligible for loans and loan deficiency payments by the Secretary

shall be eligible to obtain loan deficiency payments based on the

payment rate that was in effect on the last date of eligibility for the

loans before the date of enactment of this Act: Provided further,

That the entire amount necessary to carry out this section shall be

available only to the extent that an official budget request for the

entire amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 839. Notwithstanding any other provision of law, the Secretary of Agriculture may enter into contracts with livestock producers for the purpose of controlling the buildup of grasses, forbs

and other natural fuels that contribute to the threat of wildfire on

rangelands administered by the Secretary: Provided, That such contracts are provided from within discretionary funds.

SEC. 840. As soon as practicable after the date of enactment of

this Act, the Secretary and the Commodity Credit Corporation, as

appropriate, shall issue such regulations as are necessary to implement sections 804, 805, 806, 809, 810, 811, 812, 814, 815, 816, 836,

837, 838, 839, 841, 843, 844, and 845 of this title: Provided, That

the issuance of the regulations shall be made without regard to: (1)

the notice and comment provisions of section 553 of title 5, United

States Code; (2) the Statement of Policy of the Secretary of AgriVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00067 Fmt 6604 Sfmt 6603 E:\HR\OC\HR948.052 pfrm01 PsN: HR948
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culture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ‘‘Paperwork Reduction Act’’): Provided further,

That in carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

SEC. 841. The Secretary of Agriculture shall use funds of the

Commodity Credit Corporation to make a payment to each eligible

person described in section 204(b)(1)(A) of the Agricultural Risk

Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106–224)

without regard to section 204(b)(1)(A)(ii) of that Act: Provided, That

the Secretary shall make a payment to an eligible person described

in this section in the same amount as is payable to an eligible person under section 204 of that Act: Provided further, That the entire

amount necessary to carry out this section shall be available only

to the extent an official budget request that includes designation of

the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended, is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)

of such Act.

SEC. 842. Payments made from amounts appropriated pursuant

to this title shall not be subject to administrative offset, including

administrative offset under chapter 37 of title 31, United States

Code.

SEC. 843. The Secretary of Agriculture shall use not more than $20,000,000 of funds of the Commodity Credit Corporation to make

payments to producers of tomatoes, pears, peaches, and apricots

that were unable to market the crops of the producers because of the

insolvency of an agriculture cooperative in the State of California:

Provided, That the amount of a payment made to a producer under

this subsection shall not exceed 50 percent of the contract value of

the unmarketed crop referred to in this section: Provided further,

That the entire amount necessary to carry out this section shall be

available only to the extent an official budget request that includes

designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of such Act.

SEC. 844. LOAN FORFEITURES OF BURLEY TOBACCO.

(a) IN GENERAL.—Notwithstanding sections 106 through 106B

of the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445–2)—

(1) a producer-owned cooperative marketing association

may fully settle a loan made for the 1999 crop of Burley tobacco

by forfeiting to the Commodity Credit Corporation the Burley

tobacco covered by the loan regardless of the condition of the tobacco;

(2) any losses to the Commodity Credit Corporation as a result of paragraph (1)—

(A) shall not be charged to the No Net Cost Tobacco

Account; and

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(B) shall not affect the amount of any assessment imposed against Burley or any other kind of tobacco under

sections 106 through 106B of the Agricultural Act of 1949

(7 U.S.C. 1445 through 1445-2); and

(3) any tobacco forfeited pursuant to this section shall not

be—

(A) counted for the purpose of determining the Burley

tobacco quota for any year pursuant to section 319 of the

Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e); or

(B) sold for use in the United States.

(b) EMERGENCY REQUIREMENT.—

(1) The entire amount necessary to carry out this section

shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended, is transmitted by the President to the

Congress.

(2) The entire amount is designated by Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such

Act.

SEC. 845. COMMODITY ELIGIBILITY ASSISTANCE.

(a) IN GENERAL.—Section 3720B(a) of title 31, United States

Code, is amended in the first sentence by inserting ‘‘or a marketing

assistance loan or loan deficiency payment under subtitle C of the

Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)’’ after

‘‘disaster loan’’.

(b) PAYMENTS.—Any payment made by the Commodity Credit

Corporation to a producer as a result of the amendment made by

section (a) shall be credited toward any delinquent debt owed by the

producer to the Farm Service Agency.

(c) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendment made by subsection (a)

takes effect on the date of enactment of this Act.

(2) TRANSITION LOAN DEFICIENCY PAYMENTS.—If the producers on a farm lost beneficial interest in a crop during the

period beginning March 21, 2000, and ending on the day before

the date of enactment of this Act and were ineligible for a marketing assistance loan under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) because of section

3720B(a) of title 31, United States Code, as in effect before the

amendment made by subsection (a), the producers shall be eligible for any loan deficiency payment under subtitle C of that Act

that was available on the date on which the producers lost beneficial interest in the crop.

(d)(1) The entire amount necessary to carry out this section

shall be available only to the extent an official budget request for

the entire amount, that includes designation of the entire amount of

the request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amedned, is

transmitted by the President to the Congress.

(2) The entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

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SEC. 846. MAXIMUM AMOUNT OF EXCESS SHELTER EXPENSE DEDUCTION.

(a) AMENDMENT.—Section 5(e)(7)(B) of the Food Stamp Act of

1977 (7 U.S.C. 2014(e)(7)(B)) is amended by striking clauses (iii)

and (iv) and inserting the following:

‘‘(iii) for fiscal year 1999, $275, $478, $393, $334,

and $203 per month, respectively;

‘‘(iv) for fiscal year 2000, $280, $483, $398, $339,

and $208 per month, respectively;

‘‘(v) for fiscal year 2001, $340, $543, $458, $399,

and $268 per month, respectively; and

‘‘(vi) for fiscal year 2002 and each subsequent fiscal year, the applicable amount during the preceding

fiscal year, as adjusted to reflect changes for the 12-

month period ending the preceding November 30 in the

Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.’’.

(b) EFFECTIVE DATE; APPLICATION OF AMENDMENT.—(1) Except

as provided in paragraph (2), the amendment made by this section

shall take effect on March 1, 2001.

(2) The amendment made by this section shall not apply with

respect to certification periods beginning before March 1, 2001.

(c)(1) The entire amount necessary to carry out this section shall

be available only to the extent an official budget request for the entire amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

(2) The entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 847. VEHICLE ALLOWANCE.

(a) IN GENERAL.—Section 5(g)(2) of the Food Stamp Act of 1977

(7 U.S.C. 2014(g)(2)) is amended—

(1) in subparagraph (B)(iv)—

(A) by striking ‘‘subparagraph (C)’’ and inserting ‘‘subparagraphs (C) and (D)’’; and

(B) by striking ‘‘to the extent that’’ and all that follows

through the end of the clause and inserting ‘‘to the extent

that the fair market value of the vehicle exceeds $4,650;

and’’; and

(2) by adding at the end the following:

‘‘(D) ALTERNATIVE VEHICLE ALLOWANCE.—If the vehicle

allowance standards that a State agency uses to determine

eligibility for assistance under the State program funded

under part A of title IV of the Social Security Act (42

U.S.C. 601 et seq.) would result in a lower attribution of

resources to certain households than under subparagraph

(B)(iv), in lieu of applying subparagraph (B)(iv), the State

agency may elect to apply the State vehicle allowance

standards to all households that would incur a lower attribution of resources under the State vehicle allowance

standards.’’.

71

(b) EFFECTIVE DATE; APPLICATION OF AMENDMENTS.—(1) Except as provided in paragraph (2), the amendments made by this

section shall take effect on July 1, 2001.

(2) The amendments made by this section shall not apply with

respect to certification periods beginning before July 1, 2001.

(c)(1) The entire amount necessary to carry out this section shall

be available only to the extent an official budget request for the entire amount, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress.

(2) The entire amount is designated by the Congress as an

emergency requirement pursuant to section 251(b)(2)(A) of such Act.

TITLE IX—TRADE SANCTIONS REFORM AND EXPORT

ENHANCEMENT

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Trade Sanctions Reform and Export Enhancement Act of 2000’’.

SEC. 902. DEFINITIONS.

In this title:

(1) AGRICULTURAL COMMODITY.—The term ‘‘agricultural

commodity’’ has the meaning given the term in section 102 of

the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

(2) AGRICULTURAL PROGRAM.—The term ‘‘agricultural program’’ means—

(A) any program administered under the Agricultural

Trade Development and Assistance Act of 1954 (7 U.S.C.

1691 et seq.);

(B) any program administered under section 416 of the

Agricultural Act of 1949 (7 U.S.C. 1431);

(C) any program administered under the Agricultural

Trade Act of 1978 (7 U.S.C. 5601 et seq.);

(D) the dairy export incentive program administered

under section 153 of the Food Security Act of 1985 (15

U.S.C. 713a–14);

(E) any commercial export sale of agricultural commodities; or

(F) any export financing (including credits or credit

guarantees) provided by the United States Government for

agricultural commodities.

(3) JOINT RESOLUTION.—The term ‘‘joint resolution’’

means—

(A) in the case of section 903(a)(1), only a joint resolution introduced within 10 session days of Congress after the

date on which the report of the President under section

903(a)(1) is received by Congress, the matter after the resolving clause of which is as follows: ‘‘That Congress approves the report of the President pursuant to section

903(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, transmitted on lllllll.’’,

with the blank completed with the appropriate date; and

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(B) in the case of section 906(1), only a joint resolution

introduced within 10 session days of Congress after the

date on which the report of the President under section

906(2) is received by Congress, the matter after the resolving clause of which is as follows: ‘‘That Congress approves

the report of the President pursuant to section 906(1) of the

Trade Sanctions Reform and Export Enhancement Act of

2000, transmitted on lllllll.’’, with the blank completed with the appropriate date.

(4) MEDICAL DEVICE.—The term ‘‘medical device’’ has the

meaning given the term ‘‘device’’ in section 201 of the Federal

Food, Drug, and Cosmetic Act (21 U.S.C. 321).

(5) MEDICINE.—The term ‘‘medicine’’ has the meaning given

the term ‘‘drug’’ in section 201 of the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 321).

(6) UNILATERAL AGRICULTURAL SANCTION.—The term ‘‘unilateral agricultural sanction’’ means any prohibition, restriction, or condition on carrying out an agricultural program with

respect to a foreign country or foreign entity that is imposed by

the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the

measure pursuant to—

(A) a multilateral regime and the other member countries of that regime have agreed to impose substantially

equivalent measures; or

(B) a mandatory decision of the United Nations Security Council.

(7) UNILATERAL MEDICAL SANCTION.—The term ‘‘unilateral

medical sanction’’ means any prohibition, restriction, or condition on exports of, or the provision of assistance consisting of,

medicine or a medical device with respect to a foreign country

or foreign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in

which the United States imposes the measure pursuant to—

(A) a multilateral regime and the other member countries of that regime have agreed to impose substantially

equivalent measures; or

(B) a mandatory decision of the United Nations Security Council.

SEC. 903. RESTRICTION.

(a) NEW SANCTIONS.—Except as provided in sections 904 and

905 and notwithstanding any other provision of law, the President

may not impose a unilateral agricultural sanction or unilateral

medical sanction against a foreign country or foreign entity,

unless—

(1) not later than 60 days before the sanction is proposed

to be imposed, the President submits a report to Congress

that—

(A) describes the activity proposed to be prohibited, restricted, or conditioned; and

(B) describes the actions by the foreign country or foreign entity that justify the sanction; and

73

(2) there is enacted into law a joint resolution stating the

approval of Congress for the report submitted under paragraph

(1).

(b) EXISTING SANCTIONS.—The President shall terminate any

unilateral agricultural sanction or unilateral medical sanction that

is in effect as of the date of enactment of this Act.

SEC. 904. EXCEPTIONS.

Section 903 shall not affect any authority or requirement to impose (or continue to impose) a sanction referred to in section 903—

(1) against a foreign country or foreign entity—

(A) pursuant to a declaration of war against the country or entity;

(B) pursuant to specific statutory authorization for the

use of the Armed Forces of the United States against the

country or entity;

(C) against which the Armed Forces of the United

States are involved in hostilities; or

(D) where imminent involvement by the Armed Forces

of the United States in hostilities against the country or entity is clearly indicated by the circumstances; or

(2) to the extent that the sanction would prohibit, restrict,

or condition the provision or use of any agricultural commodity,

medicine, or medical device that is—

(A) controlled on the United States Munitions List established under section 38 of the Arms Export Control Act

(22 U.S.C. 2778);

(B) controlled on any control list established under the

Export Administration Act of 1979 or any successor statute

(50 U.S.C. App. 2401 et seq.); or

(C) used to facilitate the development or production of

a chemical or biological weapon or weapon of mass destruction.

SEC. 905. TERMINATION OF SANCTIONS.

Any unilateral agricultural sanction or unilateral medical sanction that is imposed pursuant to the procedures described in section

903(a) shall terminate not later than 2 years after the date on which

the sanction became effective unless—

(1) not later than 60 days before the date of termination of

the sanction, the President submits to Congress a report

containing—

(A) the recommendation of the President for the continuation of the sanction for an additional period of not to

exceed 2 years; and

(B) the request of the President for approval by Congress of the recommendation; and

(2) there is enacted into law a joint resolution stating the

approval of Congress for the report submitted under paragraph

(1).

SEC. 906. STATE SPONSORS OF INTERNATIONAL TERRORISM.

(a) REQUIREMENT.—

(1) IN GENERAL.—Notwithstanding any other provision of

this title (other than section 904), the export of agricultural

commodities, medicine, or medical devices to Cuba or to the

74

government of a country that has been determined by the Secretary of State to have repeatedly provided support for acts of

international terrorism under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. app. 2405(j)(1)), or

section 40(d) of the Arms Export Control Act (22 U.S.C.

2780(d)), or to any other entity in such a country, shall only be

made pursuant to one-year licenses issued by the United States

Government for contracts entered into during the one-year period of the license and shipped within the 12-month period beginning on the date of the signing of the contract, except that

the requirements of such one-year licenses shall be no more restrictive than license exceptions administered by the Department of Commerce or general licenses administered by the Department of the Treasury, except that procedures shall be in

place to deny licenses for exports to any entity within such country promoting international terrorism.

(2) EXCEPTION.—Paragraph (1) shall not apply with respect

to the export of agricultural commodities, medicine, or medical

devices to the Government of Syria or to the Government of

North Korea.

(b) QUARTERLY REPORTS.—The applicable department or agency of the Federal Government shall submit to the appropriate congressional committees on a quarterly basis a report on any activities

undertaken under subsection (a)(1) during the preceding calendar

quarter.

(c) BIENNIAL REPORTS.—Not later than two years after the date

of enactment of this Act, and every two years thereafter, the applicable department or agency of the Federal Government shall submit

a report to the appropriate congressional committees on the operation of the licensing system under this section for the preceding

two-year period, including—

(1) the number and types of licenses applied for;

(2) the number and types of licenses approved;

(3) the average amount of time elapsed from the date of filing of a license application until the date of its approval;

(4) the extent to which the licensing procedures were effectively implemented; and

(5) a description of comments received from interested parties about the extent to which the licensing procedures were effective, after the applicable department or agency holds a public

30-day comment period.

SEC. 907. CONGRESSIONAL PROCEDURES.

(a) REFERRAL OF REPORT.—A report described in section

903(a)(1) or 905(1) shall be referred to the appropriate committee or

committees of the House of Representatives and to the appropriate

committee or committees of the Senate.

(b) REFERRAL OF JOINT RESOLUTION.—

(1) IN GENERAL.—A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations,

and a joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations.

75

(2) REPORTING DATE.—A joint resolution referred to in

paragraph (1) may not be reported before the eighth session day

of Congress after the introduction of the joint resolution.

SEC. 908. PROHIBITION ON UNITED STATES ASSISTANCE AND FINANCING.

(a) PROHIBITION ON UNITED STATES ASSISTANCE.— (1) IN GENERAL.—Notwithstanding any other provision of

law, no United States Government assistance, including United

States foreign assistance, United States export assistance, and

any United States credit or guarantees shall be available for exports to Cuba or for commercial exports to Iran, Libya, North

Korea, or Sudan.

(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1)

shall be construed to alter, modify, or otherwise affect the provisions of section 109 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039) or any other

provision of law relating to Cuba in effect on the day before the

date of the enactment of this Act.

(3) WAIVER.—The President may waive the application of

paragraph (1) with respect to Iran, Libya, North Korea, and

Sudan to the degree the President determines that it is in the

national security interest of the United States to do so, or for

humanitarian reasons.

(b) PROHIBITION ON FINANCING OF AGRICULTURAL SALES TO

CUBA.—

(1) IN GENERAL.—No United States person may provide

payment or financing terms for sales of agricultural commodities or products to Cuba or any person in Cuba, except in accordance with the following terms (notwithstanding part 515 of

title 31, Code of Federal Regulations, or any other provision of

law):

(A) Payment of cash in advance.

(B) Financing by third country financial institutions

(excluding United States persons or Government of Cuba

entities), except that such financing may be confirmed or

advised by a United States financial institution.

Nothing in this paragraph authorizes payment terms or trade

financing involving a debit or credit to an account of a person

located in Cuba or of the Government of Cuba maintained on

the books of a United States depository institution.

(2) PENALTIES.—Any private person or entity that violates

paragraph (1) shall be subject to the penalties provided in the

Trading With the Enemy Act for violations under that Act.

(3) ADMINISTRATION AND ENFORCEMENT.—The President

shall issue such regulations as are necessary to carry out this

section, except that the President, in lieu of issuing new regulations, may apply any regulations in effect on the date of the enactment of this Act, pursuant to the Trading With the Enemy

Act, with respect to the conduct prohibited in paragraph (1).

(4) DEFINITIONS.—In this subsection—

(A) the term ‘‘financing’’ includes any loan or extension

of credit;

(B) the term ‘‘United States depository institution’’

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aries) organized under the laws of any jurisdiction within

the United States, or any agency, office or branch located

in the United States of a foreign entity, that is engaged primarily in the business of banking (including a bank, savings bank, savings association, credit union, trust company,

or United States bank holding company); and

(C) the term ‘‘United States person’’ means the Federal

Government, any State or local government, or any private

person or entity of the United States.

SEC. 909. PROHIBITION ON ADDITIONAL IMPORTS FROM CUBA.

Nothing in this title shall be construed to alter, modify, or otherwise affect the provisions of section 515.204 of title 31, Code of

Federal Regulations, relating to the prohibition on the entry into the

United States of merchandise that (1) is of Cuban origin, (2) is or

has been located in or transported from or through Cuba, or (3) is

made or derived in whole or in part of any article which is the

growth, produce, or manufacture of Cuba.

SEC. 910. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED

TRANSACTIONS WITH CUBA.

(a) AUTHORIZATION OF TRAVEL RELATING TO COMMERCIAL SALE

OF AGRICULTURAL COMMODITIES.—The Secretary of the Treasury

shall promulgate regulations under which the travel-related transactions listed in paragraph (c) of section 515.560 of title 31, Code

of Federal Regulations, may be authorized on a case-by-case basis

by a specific license for travel to, from, or within Cuba for the commercial export sale of agricultural commodities pursuant to the provisions of this title.

(b) PROHIBITION ON TRAVEL RELATING TO TOURIST ACTIVITIES.—

(1) IN GENERAL.—Notwithstanding any other provision of

law or regulation, the Secretary of the Treasury, or any other

Federal official, may not authorize the travel-related transactions listed in paragraph (c) of section 515.560 of title 31,

Code of Federal Regulations, either by a general license or on

a case-by-case basis by a specific license for travel to, from, or

within Cuba for tourist activities.

(2) DEFINITION.—In this subsection, the term ‘‘tourist activities’’ means any activity with respect to travel to, from, or within Cuba that is not expressly authorized in subsection (a) of this

section, in any of paragraphs (1) through (12) of section 515.560

of title 31, Code of Federal Regulations, or in any section referred to in any of such paragraphs (1) through (12) (as such

sections were in effect on June 1, 2000).

SEC. 911. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this title

shall take effect on the date of enactment of this Act, and shall

apply thereafter in any fiscal year.

(b) EXISTING SANCTIONS.—In the case of any unilateral agricultural sanction or unilateral medical sanction that is in effect as of

the date of enactment of this Act, this title shall take effect 120 days

after the date of enactment of this Act, and shall apply thereafter

in any fiscal year.

77

TITLE X—CONTINUED DUMPING AND SUBSIDY OFFSET

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Continued Dumping and Subsidy Offset Act of 2000’’.

SEC. 1002. FINDINGS OF CONGRESS.

Congress makes the following findings:

(1) Consistent with the rights of the United States under

the World Trade Organization, injurious dumping is to be condemned and actionable subsidies which cause injury to domestic industries must be effectively neutralized.

(2) United States unfair trade laws have as their purpose

the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost

through the false market signals.

(3) The continued dumping or subsidization of imported

products after the issuance of antidumping orders or findings

or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to

fair levels.

(4) Where dumping or subsidization continues, domestic

producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. Similarly, small businesses

and American farmers and ranchers may be unable to pay

down accumulated debt, to obtain working capital, or to otherwise remain viable.

(5) United States trade laws should be strengthened to see

that the remedial purpose of those laws is achieved.

SEC. 1003. AMENDMENTS TO THE TARIFF ACT OF 1930.

(a) IN GENERAL.—Title VII of the Tariff Act of 1930 (19 U.S.C.

1671 et seq.) is amended by inserting after section 753 following

new section:

‘‘SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.

‘‘(a) IN GENERAL.—Duties assessed pursuant to a countervailing

duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis under

this section to the affected domestic producers for qualifying expenditures. Such distribution shall be known as the ‘continued dumping

and subsidy offset’.

‘‘(b) DEFINITIONS.—As used in this section:

‘‘(1) AFFECTED DOMESTIC PRODUCER.—The term ‘affected

domestic producer’ means any manufacturer, producer, farmer,

rancher, or worker representative (including associations of

such persons) that—

‘‘(A) was a petitioner or interested party in support of

the petition with respect to which an antidumping duty

order, a finding under the Antidumping Act of 1921, or a

countervailing duty order has been entered, and

‘‘(B) remains in operation.

Companies, businesses, or persons that have ceased the production of the product covered by the order or finding or who have

been acquired by a company or business that is related to a

78

company that opposed the investigation shall not be an affected

domestic producer.

‘‘(2) COMMISSIONER.—The term ‘Commissioner’ means the

Commissioner of Customs.

‘‘(3) COMMISSION.—The term ‘Commission’ means the

United States International Trade Commission.

‘‘(4) QUALIFYING EXPENDITURE.—The term ‘qualifying expenditure’ means an expenditure incurred after the issuance of

the antidumping duty finding or order or countervailing duty

order in any of the following categories:

‘‘(A) Manufacturing facilities.

‘‘(B) Equipment.

‘‘(C) Research and development.

‘‘(D) Personnel training.

‘‘(E) Acquisition of technology.

‘‘(F) Health care benefits to employees paid for by the

employer.

‘‘(G) Pension benefits to employees paid for by the employer.

‘‘(H) Environmental equipment, training, or technology.

‘‘(I) Acquisition of raw materials and other inputs.

‘‘(J) Working capital or other funds needed to maintain

production.

‘‘(5) RELATED TO.—A company, business, or person shall be

considered to be ‘related to’ another company, business, or person if—

‘‘(A) the company, business, or person directly or indirectly controls or is controlled by the other company, business, or person,

‘‘(B) a third party directly or indirectly controls both

companies, businesses, or persons,

‘‘(C) both companies, businesses, or persons directly or

indirectly control a third party and there is reason to believe that the relationship causes the first company, business, or persons to act differently than a nonrelated party.

For purposes of this paragraph, a party shall be considered to

directly or indirectly control another party if the party is legally

or operationally in a position to exercise restraint or direction

over the other party.

‘‘(c) DISTRIBUTION PROCEDURES.—The Commissioner shall prescribe procedures for distribution of the continued dumping or subsidies offset required by this section. Such distribution shall be

made not later than 60 days after the first day of a fiscal year from

duties assessed during the preceding fiscal year.

‘‘(d) PARTIES ELIGIBLE FOR DISTRIBUTION OF ANTIDUMPING AND

COUNTERVAILING DUTIES ASSESSED.—

‘‘(1) LIST OF AFFECTED DOMESTIC PRODUCERS.—The Commission shall forward to the Commissioner within 60 days after

the effective date of this section in the case of orders or findings

in effect on January 1, 1999, or thereafter, or in any other case,

within 60 days after the date an antidumping or countervailing

duty order or finding is issued, a list of petitioners and persons

with respect to each order and finding and a list of persons that

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naire response. In those cases in which a determination of injury was not required or the Commission’s records do not permit an identification of those in support of a petition, the Commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties

who have entered appearances during administrative reviews

conducted by the administering authority under section 751.

‘‘(2) PUBLICATION OF LIST; CERTIFICATION.—The Commissioner shall publish in the Federal Register at least 30 days before the distribution of a continued dumping and subsidy offset,

a notice of intention to distribute the offset and the list of affected domestic producers potentially eligible for the distribution based on the list obtained from the Commission under

paragraph (1). The Commissioner shall request a certification

from each potentially eligible affected domestic producer—

‘‘(A) that the producer desires to receive a distribution;

‘‘(B) that the producer is eligible to receive the distribution as an affected domestic producer; and

‘‘(C) the qualifying expenditures incurred by the producer since the issuance of the order or finding for which

distribution under this section has not previously been

made.

‘‘(3) DISTRIBUTION OF FUNDS.—The Commissioner shall

distribute all funds (including all interest earned on the funds)

from assessed duties received in the preceding fiscal year to affected domestic producers based on the certifications described

in paragraph (2). The distributions shall be made on a pro rata

basis based on new and remaining qualifying expenditures.

‘‘(e) SPECIAL ACCOUNTS.—

‘‘(1) ESTABLISHMENTS.—Within 14 days after the effective

date of this section, with respect to antidumping duty orders

and findings and countervailing duty orders notified under

subsection (d)(1), and within 14 days after the date an antidumping duty order or finding or countervailing duty order

issued after the effective date takes effect, the Commissioner

shall establish in the Treasury of the United States a special

account with respect to each such order or finding.

‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commissioner shall

deposit into the special accounts, all antidumping or countervailing duties (including interest earned on such duties) that

are assessed after the effective date of this section under the

antidumping order or finding or the countervailing duty order

with respect to which the account was established.

‘‘(3) TIME AND MANNER OF DISTRIBUTIONS.—Consistent with

the requirements of subsections (c) and (d), the Commissioner

shall by regulation prescribe the time and manner in which distribution of the funds in a special account shall be made.

‘‘(4) TERMINATION.—A special account shall terminate

after—

‘‘(A) the order or finding with respect to which the account was established has terminated;

‘‘(B) all entries relating to the order or finding are liquidated and duties assessed collected;

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‘‘(C) the Commissioner has provided notice and a final

opportunity to obtain distribution pursuant to subsection

(c); and

‘‘(D) 90 days has elapsed from the date of the notice described in subparagraph (C).

Amounts not claimed within 90 days of the date of the notice

described in subparagraph (C), shall be deposited into the general fund of the Treasury.’’.

(b) CONFORMING AMENDMENT.—The table of contents for title

VII of the Tariff Act of 1930 is amended by inserting the following

new item after the item relating to section 753:

‘‘Sec. 754. Continued dumping and subsidy offset.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to all antidumping and countervailing duty

assessments made on or after October 1, 2000.

TITLE XI—CONSERVATION OF

FARMABLE WETLAND

SECTION 1101. SHORT TITLE.

This title may be cited as the ‘‘Conservation of Farmable Wetland Act of 2000’’.

SEC. 1102. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND

BUFFER ACREAGE IN CONSERVATION RESERVE.

(a) IN GENERAL.—Section 1231 of the Food Security Act of 1985

(16 U.S.C. 3831) is amended by adding at the end the following:

‘‘(h) PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE IN CONSERVATION RESERVE.—

‘‘(1) IN GENERAL.—During the 2001 and 2002 calendar

years, the Secretary shall carry out a pilot program in the

States of Iowa, Minnesota, Montana, Nebraska, North Dakota,

and South Dakota under which the Secretary shall include eligible acreage described in paragraph (3) in the program established under this subchapter.

‘‘(2) PARTICIPATION AMONG STATES.—The Secretary shall

ensure, to the maximum extent practicable, that owners and operators in each of the States referred to in paragraph (1) have

an equitable opportunity to participate in the pilot program established under this subsection.

‘‘(3) ELIGIBLE ACREAGE.—

‘‘(A) IN GENERAL.—Subject to subparagraphs (B)

through (D), an owner or operator may enroll in the conservation reserve under this subsection—

‘‘(i) a wetland (including a converted wetland described in section 1222(b)(1)(A)) that was cropped during at least 3 of the immediately preceding 10 crop

years; and

‘‘(ii) buffer acreage that—

‘‘(I) is contiguous to the wetland described in

clause (i);

‘‘(II) is used to protect the wetland; and

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‘‘(III) is of such width as the Secretary determines is necessary to protect the wetland, taking

into consideration and accommodating the farming practices (including the straightening of

boundaries to accommodate machinery) used with

respect to the cropland that surrounds the wetland.

‘‘(B) EXCLUSIONS.—An owner or operator may not enroll in the conservation reserve under this subsection—

‘‘(i) any wetland, or land on a floodplain, that is,

or is adjacent to, a perennial riverine system wetland

identified on the final national wetland inventory map

of the Secretary of the Interior; or

‘‘(ii) in the case of an area that is not covered by

the final national inventory map, any wetland, or land

on a floodplain, that is adjacent to a perennial stream

identified on a 1-24,000 scale map of the United States

Geological Survey.

‘‘(C) PROGRAM LIMITATIONS.—

‘‘(i) IN GENERAL.—The Secretary may enroll in the

conservation reserve under this subsection—

‘‘(I) not more than 500,000 acres in all States

referred to in paragraph (1); and

‘‘(II) not more than 150,000 acres in any 1

State referred to in paragraph (1).

‘‘(ii) RELATIONSHIP TO PROGRAM MAXIMUM.—Subject to clause (iii), for the purposes of subsection (d),

any acreage enrolled in the conservation reserve under

this subsection shall be considered acres maintained in

the conservation reserve.

‘‘(iii) RELATIONSHIP TO OTHER ENROLLED ACREAGE.—Acreage enrolled under this subsection shall not

affect for any fiscal year the quantity of—

‘‘(I) acreage enrolled to establish conservation

buffers as part of the program announced on

March 24, 1998 (63 Fed. Reg. 14109); or

‘‘(II) acreage enrolled into the conservation reserve enhancement program announced on May

27, 1998 (63 Fed. Reg. 28965).

‘‘(D) OWNER OR OPERATOR LIMITATIONS.—

‘‘(i) WETLAND.—The maximum size of any wetland

described in subparagraph (A)(i) of an owner or operator enrolled in the conservation reserve under this

subsection shall be 5 contiguous acres.

‘‘(ii) BUFFER ACREAGE.—The maximum size of any

buffer acreage described in subparagraph (A)(ii) of an

owner or operator enrolled in the conservation reserve

under this subsection shall be the greater of—

‘‘(I) 3 times the size of any wetland described

in subparagraph (A)(i) to which the buffer acreage

is contiguous; or

‘‘(II) 150 feet on either side of the wetland.

‘‘(iii) TRACTS.—The maximum size of any eligible

acreage described in subparagraph (A) in a tract (as

determined by the Secretary) of an owner or operator

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enrolled in the conservation reserve under this subsection shall be 40 acres.

‘‘(4) DUTIES OF OWNERS AND OPERATORS.—Under a contract

entered into under this subsection, during the term of the contract, an owner or operator of a farm or ranch must agree—

‘‘(A) to restore the hydrology of the wetland within the

eligible acreage to the maximum extent practicable, as determined by the Secretary;

‘‘(B) to establish vegetative cover on the eligible acreage, as determined by the Secretary; and

‘‘(C) to carry out other duties described in section 1232.

‘‘(5) DUTIES OF THE SECRETARY.—

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), in return for a contract entered into by

an owner or operator under this subsection, the Secretary

shall make payments and provide assistance to the owner

or operator in accordance with sections 1233 and 1234.

‘‘(B) CONTINUOUS SIGNUP.—The Secretary shall use

continuous signup under section 1234(c)(2)(B) to determine

the acceptability of contract offers and the amount of rental

payments under this subsection.

‘‘(C) INCENTIVES.—The amounts payable to owners and

operators in the form of rental payments under contracts

entered into under this subsection shall reflect incentives

that are provided to owners and operators to enroll

filterstrips in the conservation reserve under section 1234.’’.

SEC. 1103. INCIDENTAL GRAZING.

Section 1232(a)(7)(A) of the Food Security Act of 1985 (16

U.S.C. 3832(a)(7)(A)) is amended—

(1) by striking ‘‘occurs during’’ and

inserting ‘‘occurs—

‘‘(I) in the case of land other than eligible acreage enrolled under section 1231(h), during’’; and

(2) by adding at the end the following:

‘‘(II) in the case of eligible acreage enrolled

under section 1231(h), at any time other than during the period beginning May 1 and ending August

1 of each year for a reduction in rental payment

commensurate with the limited economic value of

such incidental grazing; and’’.

SEC. 1104. STUDY OF IMPACT OF PILOT PROGRAM.

(a) IN GENERAL.—The Secretary of Agriculture shall conduct a

study of the impact of the pilot program established under section

1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) (as

added by section 1102(a)) on—

(1) enrollment of owners and operators in—

(A) the conservation reserve program established under

subchapter B of chapter 1 of subtitle D of title XII of that

Act (16 U.S.C. 3831 et seq.);

(B) the wetlands reserve program established under

subchapter C of chapter 1 of subtitle D of title XII of that

Act (16 U.S.C. 3837 et seq.); and

(C) other Federal and State conservation programs;

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(2) types of environmentally sensitive acreage that have not

been enrolled in the wetlands reserve program; and

(3) conservation of soil, water, and related natural resources, including grazing land, wetland, and wildlife habitat.

(b) REPORTS.—Not later than March 1, 2003, the Secretary

shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study.

SEC. 1105. REGULATIONS.

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such

regulations as are necessary to implement the amendments made by

this Act.

(b) PROCEDURE.—The promulgation of the regulations and administration of the amendments made by this Act shall be made

without regard to—

(1) the notice and comment provisions of section 553 of title

5, United States Code;

(2) the Statement of Policy of the Secretary of Agriculture

effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices

of proposed rulemaking and public participation in rulemaking;

and

(3) chapter 35 of title 44, United States Code (commonly

known as the ‘‘Paperwork Reduction Act’’).

(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary shall use the authority provided

under section 808 of title 5, United States Code.

TITLE XII—HASS AVOCADO PROMOTION, RESEARCH,

AND INFORMATION

SEC. 1201. SHORT TITLE.

This title may be cited as the ‘‘Hass Avocado Promotion, Research, and Information Act of 2000’’.

SEC. 1202. FINDINGS AND DECLARATION OF POLICY.

(a) FINDINGS.—Congress finds the following:

(1) Hass avocados are an integral food source in the United

States that are a valuable and healthy part of the human diet

and are enjoyed by millions of persons every year for a multitude of everyday and special occasions.

(2) Hass avocados are a significant tree fruit crop grown by

many individual producers, but virtually all domestically produced Hass avocados for the commercial market are grown in

the State of California.

(3) Hass avocados move in interstate and foreign commerce,

and Hass avocados that do not move in interstate or foreign

channels of commerce but only in intrastate commerce directly

affect interstate commerce in Hass avocados.

(4) In recent years, large quantities of Hass avocados have

been imported into the United States from other countries.

(5) The maintenance and expansion of markets in existence

on the date of enactment of this title, and the development of

new or improved markets or uses for Hass avocados are needed

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tic Hass avocado industry for the benefit of producers and other

persons associated with the producing, marketing, processing,

and consuming of Hass avocados.

(6) An effective and coordinated program of promotion, research, industry information, and consumer information regarding Hass avocados is necessary for the maintenance, expansion, and development of domestic markets for Hass avocados.

(b) PURPOSE.—It is the purpose of this title to authorize the establishment, through the exercise of the powers provided in this

title, of an orderly procedure for the development and financing

(through an adequate assessment on Hass avocados sold by producers and importers in the United States) of an effective and coordinated program of promotion, research, industry information,

and consumer information, including funds for marketing and market research activities, that is designed to—

(1) strengthen the position of the Hass avocado industry in

the domestic marketplace; and

(2) maintain, develop, and expand markets and uses for

Hass avocados in the domestic marketplace.

(c) LIMITATION.—Nothing in this title may be construed to provide for the control of production or otherwise limit the right of any

person to produce, handle, or import Hass avocados.

SEC. 1203. DEFINITIONS.

As used in this title:

(1) BOARD.—The terms ‘‘Avocado Board’’ and ‘‘Board’’ mean

the Hass Avocado Board established under section 1205.

(2) CONFLICT OF INTEREST.—The term ‘‘conflict of interest’’

means a situation in which a member or employee of the Board

has a direct or indirect financial interest in a person that performs a service for, or enters into a contract with, the Board for

anything of economic value.

(3) CONSUMER INFORMATION.—The term ‘‘consumer information’’ means any action or program that provides information to consumers and other persons on the use, nutritional attributes, and other information that will assist consumers and

other persons in making evaluations and decisions regarding

the purchase, preparation, and use of Hass avocados.

(4) CUSTOMS.—The term ‘‘Customs’’ means the United

States Customs Service.

(5) DEPARTMENT.—The term ‘‘Department’’ means the

United States Department of Agriculture.

(6) HASS AVOCADO.—

(A) IN GENERAL.—The term ‘‘Hass avocado’’ includes—

(i) the fruit of any Hass variety avocado tree; and

(ii) any other type of avocado fruit that the Board,

with the approval of the Secretary, determines is so

similar to the Hass variety avocado as to be indistinguishable to consumers in fresh form.

(B) FORM OF FRUIT.—Except as provided in subparagraph (C), the term includes avocado fruit described in subparagraph (A) whether in fresh, frozen, or any other processed form.

(C) EXCEPTIONS.—In any case in which a handler further processes avocados described in subparagraph (A), or

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products of such avocados, for sale to a retailer, the Board,

with the approval of the Secretary, may determine that

such further processed products do not constitute a substantial value of the product and that, based on its determination, the product shall not be treated as a product of

Hass avocados subject to assessment under the order. In

addition, the Board, with the approval of the Secretary,

may exempt certain frozen avocado products from assessment under the order.

(7) HANDLER.—

(A) FIRST HANDLER.—The term ‘‘first handler’’ means a

person operating in the Hass avocados marketing system

that sells domestic or imported Hass avocados for United

States domestic consumption, and who is responsible for remitting assessments to the Board. The term includes an importer or producer who sells directly to consumers Hass avocados that the importer or producer has imported into the

United States or produced, respectively.

(B) EXEMPT HANDLER.—The term ‘‘exempt handler’’

means a person who would otherwise be considered a first

handler, except that all avocados purchased by the person

have already been subject to the assessment under section

1205(h).

(8) IMPORTER.—The term ‘‘importer’’ means any person who

imports Hass avocados into the United States.

(9) INDUSTRY INFORMATION.—The term ‘‘industry information’’ means information and programs that are designed to increase efficiency in processing, enhance the development of new

markets and marketing strategies, increase marketing efficiency, and activities to enhance the image of Hass avocados

and the Hass avocado industry domestically.

(10) ORDER.—The term ‘‘order’’ means the Hass avocado

promotion, research, and information order issued under this

title.

(11) PERSON.—The term ‘‘person’’ means any individual,

group of individuals, firm, partnership, corporation, joint stock

company, association, cooperative, or other legal entity.

(12) PRODUCER.—The term ‘‘producer’’ means any person

who—

(A) is engaged in the domestic production of Hass avocados for commercial use; and

(B) owns, or shares the ownership and risk of loss, of

such Hass avocados.

(13) PROMOTION.—The term ‘‘promotion’’ means any action

to advance the image, desirability, or marketability of Hass avocados, including paid advertising, sales promotion, and publicity, in order to improve the competitive position and stimulate sales of Hass avocados in the domestic marketplace.

(14) RESEARCH.—The term ‘‘research’’ means any type of

test, study, or analysis relating to market research, market development, and marketing efforts, or relating to the use, quality,

or nutritional value of Hass avocados, other related food science

research, or research designed to advance the image, desirability, and marketability of Hass avocados.

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(15) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.

(16) STATE.—The term ‘‘State’’ means each of the several

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, the United States Virgin Islands, Guam,

American Samoa, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

(17) UNITED STATES.—The term ‘‘United States’’ means the

United States collectively.

SEC. 1204. ISSUANCE OF ORDERS.

(a) IN GENERAL.—

(1) ISSUANCE.—To effectuate the policy of this title specified

in section 1202(b), the Secretary, subject to the procedures provided in subsection (b), shall issue orders under this title applicable to producers, importers, and first handlers of Hass avocados.

(2) SCOPE.—Any order shall be national in scope.

(3) ONE ORDER.—Not more than one order shall be in effect

at any one time.

(b) PROCEDURES.—

(1) PROPOSAL FOR AN ORDER.—An existing organization of

avocado producers established pursuant to a State statute, or

any other person who will be affected by this title, may request

the issuance of, and submit a proposal for an order.

(2) PUBLICATION OF PROPOSAL.—The Secretary shall publish a proposed order and give notice and opportunity for public

comment on the proposed order not later than 60 days after receipt by the Secretary of a proposal for an order from an existing organization of avocado producers established pursuant to

a State statute, as provided in paragraph (1).

(3) ISSUANCE OF ORDER.—

(A) IN GENERAL.—After notice and opportunity for public comment are provided in accordance with paragraph

(2), the Secretary shall issue the order, taking into consideration the comments received and including in the order

such provisions as are necessary to ensure that the order is

in conformity with this title.

(B) EFFECTIVE DATE.—The order shall be issued and

become effective only after an affirmative vote in a referendum as provided in section 1206, but not later than

180 days after publication of the proposed order.

(c) AMENDMENTS.—The Secretary, from time to time, may

amend an order. The provisions of this title applicable to an order

shall be applicable to any amendment to an order.

SEC. 1205. REQUIRED TERMS IN ORDERS.

(a) IN GENERAL.—An order shall contain the terms and provisions specified in this section.

(b) HASS AVOCADO BOARD.—

(1) ESTABLISHMENT AND MEMBERSHIP.—

(A) ESTABLISHMENT.—The order shall provide for the

establishment of a Hass Avocado Board, consisting of 12

members, to administer the order.

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(B) MEMBERSHIP.—

(i) APPOINTMENT.—The order shall provide that

members of the Board shall be appointed by the Secretary from nominations submitted as provided in this

subsection.

(ii) COMPOSITION.—The Board shall consist of participating domestic producers and importers.

(C) SPECIAL DEFINITION OF IMPORTER.—In this subsection, the term ‘‘importer’’ means a person who is involved

in, as a substantial activity, the importation, sale, and

marketing of Hass avocados in the United States (either directly or as an agent, broker, or consignee of any person or

nation that produces or handles Hass avocados outside the

United States for sale in the United States), and who is

subject to assessments under the order.

(2) DISTRIBUTION OF APPOINTMENTS.—

(A) IN GENERAL.—The order shall provide that the

membership of the Board shall consist of the following:

(i) Seven members who are domestic producers of

Hass avocados and are subject to assessments under

the order.

(ii) Two members who represent importers of Hass

avocados and are subject to assessments under the

order.

(iii) Three members who are domestic producers of

Hass avocados and are subject to assessments under

the order, or are importers of Hass avocados and are

subject to assessments under the order, to reflect the

proportion of domestic production and imports supplying the United States market, which shall be based

on the Secretary’s determination of the average volume

of domestic production of Hass avocados proportionate

to the average volume of imports of Hass avocados in

the United States over the previous three years.

(B) ADJUSTMENT IN BOARD REPRESENTATION.—Three

years after the assessment of Hass avocados commences

pursuant to an order, and at the end of each three-year period thereafter, the Avocado Board shall adjust the proportion of producer representatives to importer representatives

on the Board under subparagraph (A)(iii) on the basis of

the amount of assessments collected from producers and

importers over the immediately preceding three-year period.

Any adjustment under this subparagraph shall be subject

to the review and approval of the Secretary.

(3) NOMINATION PROCESS.—The order shall provide that—

(A) 2 nominees shall be submitted for each appointment to the Board;

(B) nominations for each appointment of a producer or

an importer shall be made by domestic producers or importers, respectively—

(i) in the case of producers, through an election

process which utilizes existing organizations of avocado

producers established pursuant to a State statute, with

approval by the Secretary; and

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(ii) in the case of importers, nominations are submitted by importers under such procedures as the Secretary determines appropriate; and

(C) in any case in which producers or importers fail to

nominate individuals for an appointment to the Board, the

Secretary may appoint an individual to fill the vacancy on

a basis provided in the order or other regulations of the

Secretary.

(4) ALTERNATES.—The order shall provide for the selection

of alternate members of the Board by the Secretary in accordance with procedures specified in the order.

(5) TERMS.—The order shall provide that—

(A) each term of appointment to the Board shall be for

3 years, except that, of the initial appointments, 4 of the appointments shall be for 2-year terms, 4 of the appointments

shall be for 3-year terms, and 4 of the appointments shall

be for 4-year terms; and

(B) no member of the Board may serve more than 2

consecutive terms of three years, except that any member

serving an initial term of 4 years may serve an additional

term of 3 years.

(6) REPLACEMENT.—

(A) DISQUALIFICATION FROM BOARD SERVICE.—The

order shall provide that if a member or alternate of the

Board who was appointed as a domestic producer or importer ceases to belong to the group for which such member

was appointed, such member or alternate shall be disqualified from serving on the Board.

(B) MANNER OF FILLING VACANCY.—A vacancy arising

as a result of disqualification or any other reason before the

expiration of the term of office of an incumbent member or

alternate of the Board shall be filled in a manner provided

in the order.

(7) COMPENSATION.—The order shall provide that members

and alternates of the Board shall serve without compensation,

but shall be reimbursed for the reasonable expenses incurred in

performing duties as members or alternates of the Board.

(c) GENERAL RESPONSIBILITIES OF THE AVOCADO BOARD.—The

order shall define the general responsibilities of the Avocado Board,

which shall include the responsibility to—

(1) administer the order in accordance with the terms and

provisions of the order;

(2) meet, organize, and select from among the members of

the Board a chairperson, other officers, and committees and

subcommittees, as the Board determines to be appropriate;

(3) recommend to the Secretary rules and regulations to effectuate the terms and provisions of the order;

(4) employ such persons as the Board determines are necessary, and set the compensation and define the duties of the

persons;

(5)(A) develop budgets for the implementation of the order

and submit the budgets to the Secretary for approval under

subsection (d); and

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(B) propose and develop (or receive and evaluate), approve,

and submit to the Secretary for approval under subsection (d)

plans or projects for Hass avocado promotion, industry information, consumer information, or related research;

(6)(A) implement plans and projects for Hass avocado promotion, industry information, consumer information, or related

research, as provided in subsection (d); or

(B) contract or enter into agreements with appropriate persons to implement the plans and projects, as provided in subsection (e), and pay the costs of the implementation, or contracts

and agreement, with funds received under the order;

(7) evaluate on-going and completed plans and projects for

Hass avocado promotion, industry information, consumer information, or related research and comply with the independent

evaluation provisions of the Commodity Promotion, Research,

and Information Act of 1996 (subtitle B of title V of Public Law

104–127; 7 U.S.C. 7401 et seq.);

(8) receive, investigate, and report to the Secretary complaints of violations of the order;

(9) recommend to the Secretary amendments to the order;

(10) invest, pending disbursement under a plan or project,

funds collected through assessments authorized under this title

only in—

(A) obligations of the United States or any agency of

the United States;

(B) general obligations of any State or any political

subdivision of a State;

(C) any interest-bearing account or certificate of deposit

of a bank that is a member of the Federal Reserve System;

or

(D) obligations fully guaranteed as to principal and interest by the United States, except that income from any

such invested funds may be used only for a purpose for

which the invested funds may be used;

(11) borrow funds necessary for the startup expenses of the

order; and

(12) provide the Secretary such information as the Secretary may require.

(d) BUDGETS; PLANS AND PROJECTS.—

(1) SUBMISSION OF BUDGETS.—The order shall require the

Board to submit to the Secretary for approval budgets, on a fiscal year basis, of the anticipated expenses and disbursements of

the Board in the implementation of the order, including the projected costs of Hass avocado promotion, industry information,

consumer information, and related research plans and projects.

(2) PLANS AND PROJECTS.—

(A) PROMOTION AND CONSUMER INFORMATION.—The

order shall provide—

(i) for the establishment, implementation, administration, and evaluation of appropriate plans and

projects for advertising, sales promotion, other promotion, and consumer information with respect to Hass

avocados, and for the disbursement of necessary funds

for the purposes described in this clause; and

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(ii) that any plan or project referred to in clause (i)

shall be directed toward increasing the general demand for Hass avocados in the domestic marketplace.

(B) INDUSTRY INFORMATION.—The order shall provide

for the establishment, implementation, administration, and

evaluation of appropriate plans and projects that will lead

to the development of new markets, maintain and expand

existing markets, lead to the development of new marketing

strategies, or increase the efficiency of the Hass avocado industry, and activities to enhance the image of the Hass avocado industry, and for the disbursement of necessary funds

for the purposes described in this subparagraph.

(C) RESEARCH.—The order shall provide for—

(i) the establishment, implementation, administration, and evaluation of plans and projects for market

development research, research with respect to the sale,

distribution, marketing, use, quality, or nutritional

value of Hass avocados, and other research with respect to Hass avocado marketing, promotion, industry

information or consumer information;

(ii) the dissemination of the information acquired

through the plans and projects; and

(iii) the disbursement of such funds as are necessary to carry out this subparagraph.

(D) SUBMISSION TO SECRETARY.—The order shall provide that the Board shall submit to the Secretary for approval a proposed plan or project for Hass avocados promotion, industry information, consumer information, or related research, as described in subparagraphs (A), (B), and

(C).

(3) APPROVAL BY SECRETARY.—A budget, plan, or project for

Hass avocados promotion, industry information, consumer information, or related research may not be implemented prior to

approval of the budget, plan, or project by the Secretary. Not

later than 45 days after receipt of such a budget, plan, or

project, the Secretary shall notify the Board whether the Secretary approves or disapproves the budget, plan, or project. If

the Secretary fails to provide such notice before the end of the

45-day period, the budget, plan, or project shall be deemed to

be approved and may be implemented by the Board.

(e) CONTRACTS AND AGREEMENTS.—

(1) PROMOTION, CONSUMER INFORMATION, INDUSTRY INFORMATION AND RELATED RESEARCH PLANS AND PROJECTS.—

(A) IN GENERAL.—To ensure the efficient use of funds,

the order shall provide that the Board, with the approval

of the Secretary, shall enter into a contract or an agreement

with an avocado organization established by State statute

in a State with the majority of Hass avocado production in

the United States, for the implementation of a plan or

project for promotion, industry information, consumer information, or related research with respect to Hass avocados, and for the payment of the cost of the contract or

agreement with funds received by the Board under the

order.

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(B) REQUIREMENTS.—The order shall provide that any

contract or agreement entered into under this paragraph

shall provide that—

(i) the contracting or agreeing party shall develop

and submit to the Board a plan or project, together

with a budget that includes the estimated costs to be

incurred for the plan or project;

(ii) the plan or project shall become effective on the

approval of the Secretary; and

(iii) the contracting party or agreeing party shall—

(I) keep accurate records of all transactions of

the party;

(II) account for funds received and expended;

(III) make periodic reports to the Board of activities conducted; and

(IV) make such other reports as the Board or

the Secretary shall require.

(2) OTHER CONTRACTS AND AGREEMENTS.—The order shall

provide that the Board, with the approval of the Secretary, may

enter into a contract or agreement for administrative services.

Any contract or agreement entered into under this paragraph

shall include provisions comparable to the provisions described

in paragraph (1)(B).

(f) BOOKS AND RECORDS OF BOARD.—

(1) IN GENERAL.—The order shall require the Board to—

(A) maintain such books and records (which shall be

available to the Secretary for inspection and audit) as the

Secretary may require;

(B) prepare and submit to the Secretary, from time to

time, such reports as the Secretary may require; and

(C) account for the receipt and disbursement of all the

funds entrusted to the Board, including all assessment

funds disbursed by the Board to a State organization of

avocado producers established pursuant to State law.

(2) AUDITS.—The Board shall cause the books and records

of the Board to be audited by an independent auditor at the end

of each fiscal year. A report of each audit shall be submitted to

the Secretary.

(g) CONTROL OF ADMINISTRATIVE COSTS.—

(1) SYSTEM OF COST CONTROLS.—The order shall provide

that the Board shall, as soon as practicable after the order becomes effective and after consultation with the Secretary and

other appropriate persons, implement a system of cost controls

based on normally accepted business practices that—

(A) will ensure that the costs incurred by the Board in

administering the order in any fiscal year shall not exceed

10 percent of the projected level of assessments to be collected by the Board for that fiscal year; and

(B) cover the minimum administrative activities and

personnel needed to properly administer and enforce the

order, and conduct, supervise, and evaluate plans and

projects under the order.

(2) USE OF EXISTING PERSONNEL AND FACILITIES.—The

Board shall use, to the extent possible, the resources, staffs, and

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facilities of existing organizations, as provided in subsection

(e)(1)(A).

(h) ASSESSMENTS.—

(1) AUTHORITY.—

(A) IN GENERAL.—The order shall provide that each

first handler shall remit to the Board, in the manner provided in the order, an assessment collected from the producer, except to the extent that the sale is excluded from assessments under paragraph (6). In the case of imports, the

assessment shall be levied upon imports and remitted to the

Board by Customs.

(B) PUBLISHED LISTS.—To facilitate the payment of assessments under this paragraph, the Board shall publish

lists of first handlers required to remit assessments under

the order and exempt handlers.

(C) MAKING DETERMINATIONS.—

(i) FIRST HANDLER STATUS.—The order shall contain provisions regarding the determination of the status of a person as a first handler or exempt handler.

(ii) PRODUCER-HANDLERS.—For purposes of paragraph (3), a producer-handler shall be considered the

first handler of those Hass avocados that are produced

by that producer-handler and packed by that producerhandler for sale at wholesale or retail.

(iii) IMPORTERS.—The assessment on imported

Hass avocados shall be paid by the importer to Customs at the time of entry into the United States and

shall be remitted by Customs to the Board. Importation

occurs when Hass avocados originating outside the

United States are released from custody of Customs

and introduced into the stream of commerce within the

United States. Importers include persons who hold title

to foreign-produced Hass avocados immediately upon

release by Customs, as well as any persons who act on

behalf of others, as agents, brokers, or consignees, to secure the release of Hass avocados from Customs and

the introduction of the released Hass avocados into the

current of commerce.

(2) ASSESSMENT RATES.—With respect to assessment rates,

the order shall contain the following terms:

(A) INITIAL RATE.—The rate of assessment on Hass avocados shall be $.025 per pound on fresh avocados or the

equivalent rate for processed avocados on which an assessment has not been paid.

(B) CHANGES IN THE RATE.—

(i) IN GENERAL.—Once the order is in effect, the

uniform assessment rate may be increased or decreased

not more than once annually, but in no event shall the

rate of assessment be in excess of $.05 per pound.

(ii) REQUIREMENTS.—Any change in the rate of assessment under this subparagraph—

(I) may be made only if adopted by the Board

by an affirmative vote of at least seven members of

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essary to achieve the objectives of this title (after

public notice and opportunity for comment in accordance with section 553 of title 5, United States

Code, and without regard to sections 556 and 557

of such title);

(II) shall be announced by the Board not less

than 30 days prior to going into effect; and

(III) shall not be subject to a vote in a referendum conducted under section 1206.

(3) COLLECTION BY FIRST HANDLERS.—Except as provided

in paragraph (1)(C)(iii), the first handler of Hass avocados

shall be responsible for the collection of assessments from the

producer under this subsection. As part of the collection of assessments, the first handler shall maintain a separate record of

the Hass avocados of each producer whose Hass avocados are

so handled, including the Hass avocados produced by the first

handler.

(4) TIMING OF SUBMITTING ASSESSMENTS.—The order shall

provide that each person required to remit assessments under

this subsection shall remit to the Board the assessment due

from each sale of Hass avocados that is subject to an assessment within such time period after the sale (not to exceed 60

days after the end of the month in which the sale took place)

as is specified in the order.

(5) CLAIMING AN EXEMPTION FROM COLLECTING ASSESSMENTS.—To claim an exemption under section 1203(6) as an exempt handler for a particular fiscal year, a person shall submit

an application to the Board—

(A) stating the basis for such exemption; and

(B) certifying such person will not purchase Hass avocados in the United States on which an assessment has not

been paid for the current fiscal year.

(6) EXCLUSION.—An order shall exclude from assessments

under the order any sale of Hass avocados for export from the

United States.

(7) USE OF ASSESSMENT FUNDS.—The order shall provide

that assessment funds shall be used for payment of costs incurred in implementing and administering the order, with provision for a reasonable reserve, and to cover the administrative

costs incurred by the Secretary in implementing and administering this title, including any expenses incurred by the Secretary in conducting referenda under this title, subject to subsection (i).

(8) ASSESSMENT FUNDS FOR STATE ASSOCIATION.—The

order shall provide that a State organization of avocado producers established pursuant to State law shall receive an

amount equal to the product obtained by multiplying the aggregate amount of assessments attributable to the pounds of Hass

avocados produced in such State by 85 percent. The State organization shall use such funds and any proceeds from the investment of such funds for financing domestic promotion, research,

consumer information, and industry information plans and

projects, except that no such funds shall be used for the administrative expenses of such State organization.

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(9) ASSESSMENT FUNDS FOR IMPORTERS ASSOCIATIONS.—

(A) IN GENERAL.—The order shall provide that any importers association shall receive a credit described in subparagraph (B) if such association is—

(i) established pursuant to State law that requires

detailed State regulation comparable to that applicable

to the State organization of United States avocado producers, as determined by the Secretary; or

(ii) certified by the Secretary as meeting the requirements applicable to the Board as to budgets,

plans, projects, audits, conflicts of interest, and reimbursements for administrative costs incurred by the

Secretary.

(B) CREDIT.—An importers association described in

subparagraph (A) shall receive 85 percent of the assessments paid on Hass avocados imported by the members of

such association.

(C) USE OF FUNDS.—

(i) IN GENERAL.—Importers associations described

in subparagraph (A) shall use the funds described in

subparagraph (B) and proceeds from the investment of

such funds for financing promotion, research, consumer information, and industry information plans

and projects in the United States.

(ii) ADMINISTRATIVE EXPENSES.—No funds described in subparagraph (C) shall be used for the administrative expenses of such importers association.

(i) REIMBURSEMENT OF SECRETARY EXPENSES.—The order shall

provide for reimbursing the Secretary—

(1) for expenses not to exceed $25,000 incurred by the Secretary in connection with any referendum conducted under section 1206;

(2) for administrative costs incurred by the Secretary for

supervisory work of up to 2 employee years annually after an

order or amendment to any order has been issued and made effective; and

(3) for costs incurred by the Secretary in implementation of

the order issued under section 1204, for enforcement of the title

and the order, for subsequent referenda conducted under section

1206, and in defending the Board in litigation arising out of action taken by the Board.

(j) PROHIBITION ON BRAND ADVERTISING AND CERTAIN

CLAIMS.—

(1) PROHIBITIONS.—Except as provided in paragraph (2), a

program or project conducted under this title shall not—

(A) make any reference to private brand names;

(B) make false, misleading, or disparaging claims on

behalf of Hass avocados; or

(C) make false, misleading, or disparaging statements

with respect to the attributes or use of any competing products.

(2) EXCEPTIONS.—Paragraph (1) does not preclude the

Board from offering its programs and projects for use by commercial parties, under such terms and conditions as the Board

95

may prescribe as approved by the Secretary. For the purposes

of this subsection, a reference to State of origin does not constitute a reference to a private brand name with regard to any

funds credited to, or disbursed by the Board to, a State organization of avocado producers established pursuant to State law.

Furthermore, for the purposes of this section, a reference to either State of origin or country of origin does not constitute a

reference to a private brand name with regard to any funds

credited to, or disbursed by the Board to, any importers association established or certified in accordance with subsection

(h)(9)(A).

(k) PROHIBITION ON USE OF FUNDS TO INFLUENCE GOVERNMENTAL ACTION.—

(1) IN GENERAL.—Except as otherwise provided in paragraph (2), the order shall prohibit any funds collected by the

Board under the order from being used in any manner for the

purpose of influencing legislation or government action or policy.

(2) EXCEPTION.—Paragraph (1) shall not apply to the development or recommendation of amendments to the order.

(l) PROHIBITION OF CONFLICT OF INTEREST.—The Board may

not engage in, and shall prohibit the employees and agents of the

Board from engaging in, any action that would be a conflict of interest.

(m) BOOKS AND RECORDS; REPORTS.—

(1) IN GENERAL.—The order shall provide that each first

handler, producer, and importer subject to the order shall

maintain, and make available for inspection, such books and

records as are required by the order and file reports at the time,

in the manner, and having the content required by the order,

to the end that such information is made available to the Secretary and the Board as is appropriate for the administration

or enforcement of this title, the order, or any regulation issued

under this title.

(2) CONFIDENTIALITY REQUIREMENT.—

(A) IN GENERAL.—Information obtained from books,

records, or reports under paragraph (1) shall be kept confidential by all officers and employees of the Department of

Agriculture and by the staff and agents of the Board.

(B) SUITS AND HEARINGS.—Information described in

subparagraph (A) may be disclosed to the public only—

(i) in a suit or administrative hearing brought at

the request of the Secretary, or to which the Secretary

or any officer of the United States is a party, involving

the order; and

(ii) to the extent the Secretary considers the information relevant to the suit or hearing.

(C) GENERAL STATEMENTS AND PUBLICATIONS.—Nothing in this paragraph may be construed to prohibit—

(i) the issuance of general statements, based on the

reports, of the number of persons subject to the order

or statistical data collected from the reports, if the

statements do not identify the information furnished by

any person; or

96

(ii) the publication, by direction of the Secretary, of

the name of any person who violates the order, together

with a statement of the particular provisions of the

order violated by the person.

(3) LISTS OF IMPORTERS.— (A) REVIEW.—The order shall provide that the staff of

the Board shall periodically review lists of importers of

Hass avocados to determine whether persons on the lists

are subject to the order.

(B) CUSTOMS SERVICE.—On the request of the Secretary

or the Board, the Commissioner of the United States Customs Service shall provide to the Secretary or the Board

lists of importers of Hass avocados.

(n) CONSULTATIONS WITH INDUSTRY EXPERTS.— (1) IN GENERAL.—The order shall provide that the Board

may seek advice from and consult with experts from the production, import, wholesale, and retail segments of the Hass avocado industry to assist in the development of promotion, industry information, consumer information, and related research

plans and projects.

(2) SPECIAL COMMITTEES.— (A) IN GENERAL.—For the purposes described in paragraph (1), the order shall authorize the appointment of special committees composed of persons other than Board

members.

(B) CONSULTATION.—A committee appointed under

subparagraph (A) shall consult directly with the Board.

(o) OTHER TERMS OF THE ORDER.—The order shall contain

such other terms and provisions, consistent with this title, as are

necessary to carry out this title (including provision for the assessment of interest and a charge for each late payment of assessments

under subsection (h)).

SEC. 1206. REFERENDA.

(a) REQUIREMENTS FOR INITIAL REFERENDUM.— (1) REFERENDUM REQUIRED.—During the 60-day period immediately preceding the proposed effective date of an order

issued under section 1204(b)(3), the Secretary shall conduct a

referendum among producers and importers required to pay assessments under the order, as provided in section 1205(h)(1).

(2) APPROVAL OF ORDER NEEDED.—The order shall become

effective only if the Secretary determines that the order has been

approved by a simple majority of all votes cast in the referendum.

(b) VOTES PERMITTED.—

(1) IN GENERAL.—Each producer and importer eligible to

vote in a referendum conducted under this section shall be entitled to cast 1 vote if they satisfy the eligibility requirements as

defined in paragraph (2).

(2) ELIGIBILITY.—For purposes of paragraph (1), producers

and importers, as these terms are defined in section 1203, shall

be considered to be eligible to vote if they have been producers

or importers with sales of Hass avocados during a period of at

least 1 year prior to the referendum.

(c) MANNER OF CONDUCTING REFERENDA.—

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(1) IN GENERAL.—Referenda conducted pursuant to this

title shall be conducted in a manner determined by the Secretary.

(2) ADVANCE REGISTRATION.—A producer or importer of

Hass avocados who chooses to vote in any referendum conducted under this title shall register with the Secretary prior to

the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).

(3) VOTING.—A producer or importer of Hass avocados who

chooses to vote in any referendum conducted under this title

shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal

or tend to reveal the identity or vote of voters shall be strictly

confidential.

(4) NOTICE.—The Secretary shall notify all producers and

importers at least 30 days prior to the referendum conducted

under this title. The notice shall explain the procedure established under this subsection.

(d) SUBSEQUENT REFERENDA.—If an order is approved in a referendum conducted under subsection (a), effective beginning on the

date that is 3 years after the date of the approval, the Secretary—

(1) at the discretion of the Secretary, may conduct at any

time a referendum of producers and importers required to pay

assessments under the order, as provided in section 1205(h)(1),

subject to the voting requirements of subsections (b) and (c), to

ascertain whether eligible producers and importers favor suspension, termination, or continuance of the order; or

(2) shall conduct a referendum of eligible producers and

importers if requested by the Board or by a representative group

comprising 30 percent or more of all producers and importers

required to pay assessments under the order, as provided in section 1205(h)(1), subject to the voting requirements of subsections

(b) and (c), to ascertain whether producers and importers favor

suspension, termination, or continuance of the order.

(e) SUSPENSION OR TERMINATION.—If, as a result of a referendum conducted under subsection (d), the Secretary determines

that suspension or termination of the order is favored by a simple

majority of all votes cast in the referendum, the Secretary shall—

(1) not later than 180 days after the referendum, suspend

or terminate, as appropriate, collection of assessments under the

order; and

(2) suspend or terminate, as appropriate, activities under

the order as soon as practicable and in an orderly manner.

SEC. 1207. PETITION AND REVIEW.

(a) PETITION AND HEARING.—

(1) PETITION.—A person subject to an order may file with

the Secretary a petition—

(A) stating that the order, any provision of the order,

or any obligation imposed in connection with the order is

not in accordance with law; and

(B) requesting a modification of the order or an exemption from the order.

(2) HEARING.—The petitioner shall be given the opportunity

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ance with regulations issued by the Secretary. Any such hearing

shall be conducted in accordance with section 1209(b)(2) and be

held within the United States judicial district in which the residence or principal place of business of the person is located.

(3) RULING.—After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be final

if in accordance with law.

(4) LIMITATION.—Any petition filed under this subsection

challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within

2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.

(b) REVIEW.— (1) COMMENCEMENT OF ACTION.—The district courts of the

United States in any district in which a person who is a petitioner under subsection (a) resides or conducts business shall

have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed

no later than 20 days after the date of the entry of the ruling

by the Secretary.

(2) PROCESS.—Service of process in proceedings under this

subsection shall be conducted in accordance with the Federal

Rules of Civil Procedure.

(3) REMAND.—If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall

remand the matter to the Secretary with directions—

(A) to make such ruling as the court shall determine to

be in accordance with law; or

(B) to take such further action as, in the opinion of the

court, the law requires.

(c) ENFORCEMENT.—The pendency of proceedings instituted

under this section shall not impede, hinder, or delay the Attorney

General or the Secretary from obtaining relief under section 1208.

SEC. 1208. ENFORCEMENT.

(a) JURISDICTION.—A district court of the United States shall

have jurisdiction to enforce, and to prevent and restrain any person

from violating, this title or an order or regulation issued by the Secretary under this title.

(b) REFERRAL TO ATTORNEY GENERAL.—A civil action brought

under subsection (a) shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to

the Attorney General a violation of this title, or an order or regulation issued under this title, if the Secretary believes that the administration and enforcement of this title would be adequately served

by administrative action under subsection (c) or suitable written notice or warning to the person who committed or is committing the

violation.

(c) CIVIL PENALTIES AND ORDERS.—

(1) CIVIL PENALTIES.—

(A) IN GENERAL.—A person who violates a provision of

this title, or an order or regulation issued by the Secretary

under this title, or who fails or refuses to pay, collect, or

remit any assessment or fee required of the person under an

99

order or regulation issued under this title, may be assessed

by the Secretary—

(i) a civil penalty of not less than $1,000 nor more

than $10,000 for each violation; and

(ii) in the case of a willful failure to remit an assessment as required by an order or regulation, an additional penalty equal to the amount of the assessment.

(B) SEPARATE OFFENSES.—Each violation shall be a

separate offense.

(2) CEASE AND DESIST ORDERS.—In addition to or in lieu

of a civil penalty under paragraph (1), the Secretary may issue

an order requiring a person to cease and desist from continuing

a violation of this title, or an order or regulation issued under

this title.

(3) NOTICE AND HEARING.—No penalty shall be assessed, or

cease and desist order issued, by the Secretary under this subsection unless the Secretary gives the person against whom the

penalty is assessed or the order is issued notice and opportunity

for a hearing before the Secretary with respect to the violation.

Any such hearing shall be conducted in accordance with section

1209(b)(2) and shall be held within the United States judicial

district in which the residence or principal place of business of

the person is located.

(4) FINALITY.—The penalty assessed or cease and desist

order issued under this subsection shall be final and conclusive

unless the person against whom the penalty is assessed or the

order is issued files an appeal with the appropriate district

court of the United States in accordance with subsection (d).

(d) REVIEW BY DISTRICT COURT.—

(1) COMMENCEMENT OF ACTION.—

(A) IN GENERAL.—Any person against whom a violation

is found and a civil penalty is assessed or a cease and desist order is issued under subsection (c) may obtain review

of the penalty or order by, within the 30-day period beginning on the date the penalty is assessed or the order is

issued—

(i) filing a notice of appeal in the district court of

the United States for the district in which the person

resides or conducts business, or in the United States

District Court for the District of Columbia; and

(ii) sending a copy of the notice by certified mail

to the Secretary.

(B) COPY OF RECORD.—The Secretary shall promptly

file in the court a certified copy of the record on which the

Secretary found that the person had committed a violation.

(2) STANDARD OF REVIEW.—A finding of the Secretary shall

be set aside under this subsection only if the finding is found

to be unsupported by substantial evidence.

(e) FAILURE TO OBEY AN ORDER.—

(1) IN GENERAL.—A person who fails to obey a cease and

desist order issued under subsection (c) after the order has become final and unappealable, or after the appropriate United

States district court had entered a final judgment in favor of

the Secretary of not more than $10,000 for each offense, after

100

opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d).

(2) SEPARATE VIOLATIONS.—Each day during which the

person fails to obey an order described in paragraph (1) shall

be considered as a separate violation of the order.

(f) FAILURE TO PAY A PENALTY.—

(1) IN GENERAL.—If a person fails to pay a civil penalty assessed under subsection (c) or (e) after the penalty has become

final and unappealable, or after the appropriate United States

district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in any United States

district court in which the person resides or conducts business.

(2) SCOPE OF REVIEW.—In an action by the Attorney General under paragraph (1), the validity and appropriateness of a

civil penalty shall not be subject to review.

(g) ADDITIONAL REMEDIES.—The remedies provided in this title

shall be in addition to, and not exclusive of, other remedies that

may be available.

SEC. 1209. INVESTIGATIONS AND POWER TO SUBPOENA.

(a) INVESTIGATIONS.—The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this title, or to determine whether any person has

engaged or is engaging in any act that constitutes a violation of this

title or any order or regulation issued under this title.

(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—

(1) INVESTIGATIONS.—For the purpose of conducting an investigation under subsection (a), the Secretary may administer

oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of

any records that are relevant to the inquiry. The production of

the records may be required from any place in the United

States.

(2) ADMINISTRATIVE HEARINGS.—For the purpose of an administrative hearing held under section 1207(a)(2) or

1208(c)(3), the presiding officer may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records

that are relevant to the inquiry. The attendance of witnesses

and the production of the records may be required from any

place in the United States.

(c) AID OF COURTS.—

(1) IN GENERAL.—In the case of contumacy by, or refusal to

obey a subpoena issued under subsection (b) to, any person, the

Secretary may invoke the aid of any court of the United States

within the jurisdiction of which the investigation or proceeding

is conducted, or where the person resides or conducts business,

in order to enforce a subpoena issued under subsection (b).

(2) ORDER.—The court may issue an order requiring the

person referred to in paragraph (1) to comply with a subpoena

referred to in paragraph (1).

(3) FAILURE TO OBEY.—Any failure to obey the order of the

court may be punished by the court as a contempt of court.

101

(4) PROCESS.—Process in any proceeding under this subsection may be served in the United States judicial district in

which the person being proceeded against resides or conducts

business, or wherever the person may be found.

SEC. 1210. CONFIDENTIALITY.

(a) PROHIBITION.—No information regarding names of voters or

how a person voted in a referendum conducted under this title shall

be made public.

(b) PENALTY.—Any person who knowingly violates subsection

(a) or the confidentiality terms of an order, as described in section

1205(m)(2), shall be subject to a fine of not less that $1,000 nor

more than $10,000 or to imprisonment for not more than 1 year, or

both. If the person is an officer or employee of the Department of Agriculture or the Board, the person shall be removed from office.

(c) ADDITIONAL PROHIBITION.—No information obtained under

this title may be made available to any agency or officer of the Federal Government for any purpose other than the implementation of

this title or an investigatory or enforcement action necessary for the

implementation of this title.

(d) WITHHOLDING INFORMATION FROM CONGRESS PROHIB- ITED.—Nothing in this title shall be construed to authorize the withholding of information from Congress.

SEC. 1211. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE

ORDER.

(a) GROUNDS FOR SUSPENSION OR TERMINATION.—If the Secretary finds that an order, or any provision of the order, obstructs

or does not tend to effectuate the policy of this title specified in section 1202(b), the Secretary shall terminate or suspend the operation

of the order or provision under such terms as the Secretary determines are appropriate.

(b) EFFECT OF LACK OF APPROVAL OF ORDER.—If, as a result

of a referendum, the Secretary determines that the order is not approved, the Secretary shall, within 180 days after making the determination, suspend, or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate,

activities under the order in an orderly manner as soon as possible.

SEC. 1212. RULES OF CONSTRUCTION.

(a) TERMINATION OR SUSPENSION NOT AN ORDER.—The termination or suspension of an order, or a provision of an order, shall

not be considered an order under the meaning of this title.

(b) RIGHTS.—This title—

(1) may not be construed to provide for control of production or otherwise limit the right of individual Hass avocado

growers, handlers and importers to produce, handle, or import

Hass avocados; and

(2) shall be construed to treat all persons producing, handling, and importing Hass avocados fairly and to implement

any order in an equitable manner.

(c) OTHER PROGRAMS.—Nothing in this title may be construed

to preempt or supersede any other program relating to Hass avocado

promotion, research, industry information, and consumer information organized and operated under the laws of the United States or

of a State.

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SEC. 1213. REGULATIONS.

The Secretary may issue such regulations as are necessary to

carry out this title and the powers vested in the Secretary by this

title, including regulations relating to the assessment of late payment charges and interest.

SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated for

each fiscal year such sums as are necessary to carry out this title.

(b) ADMINISTRATIVE EXPENSES.—Funds appropriated under

subsection (a) may not be used for the payment of the expenses or

expenditures of the Board in administering a provision of an order.

TITLE XIII—DEBT REDUCTION

DEPARTMENT OF THE TREASURY

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

For deposit of an additional amount for fiscal year 2001 into

the account established under section 3113(d) of title 31, United

States Code, to reduce the public debt, $5,000,000,000.

This Act may be cited as the ‘‘Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 2001’’.

Following is explanatory language on H.R. 5426, as introduced

on October 6, 2000.

The conferees on H.R. 4461 agree with the matter included in

H.R. 5426 and enacted in this conference report by reference and

the following description of it. This bill was developed through negotiations by the conferees on the differences in H.R. 4461. References in the following description to the ‘‘conference agreement’’

mean the matter included in the introduced bill enacted by this

conference report.

CONGRESSIONAL DIRECTIVES

The statement of the managers remains silent on provisions

that were in both the House and Senate bills that remain unchanged by this conference agreement, except as noted in this

statement of the managers.

The conferees agree that executive branch wishes cannot substitute for Congress’ own statements as to the best evidence of congressional intentions—that is, the official reports of the Congress.

The conferees further point out that funds in this Act must be used

for the purposes for which appropriated, as required by section

1301 of title 31 of the United States Code, which provides: ‘‘Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.’’

The House and Senate report language that is not changed by

the conference is approved by the committee of conference. The

statement of the managers, while repeating some report language

for emphasis, does not intend to negate the language referred to

above unless expressly provided herein.

103

In cases in which the House or the Senate have directed the

submission of a report, such report is to be submitted to both the

House and Senate Committees on Appropriations.

TITLE I—AGRICULTURAL PROGRAMS

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

The conference agreement provides $2,914,000 for the Office of

the Secretary instead of $2,836,000 as proposed by the House and

$27,914,000 as proposed by the Senate.

The conferees note that $40,000,000 for the development and

implementation of a common computing environment is provided

under the heading ‘‘Common Computing Environment’’ instead of

$25,000,000 as proposed by the House.

The conference agreement does not adopt bill language as proposed by the Senate providing that funds for the development and

implementation of a common computing environment shall be

available only upon prior notice to the Committees on Appropriations.

The conference agreement does not include House language

permitting unobligated balances of representation funds in the Foreign Agricultural Service to be used for official reception and representation purposes.

The conferees direct the Secretary to provide to the Committees on Appropriations a detailed report of all USDA activities related to Hurricane Mitch recovery efforts in Central America. The

report should specifically include, but not be limited to, a list of all

agencies that participated in the efforts, the specific activities by

each agency, the cost incurred by each agency, and the source of

funding for these costs.

The Secretary of Agriculture is urged to use ethanol, biodiesel,

and other alternative fuels to the maximum extent practicable in

meeting the fuel needs of the Department of Agriculture.

As the Administration proceeds with implementing the 1998

Congressional amendments to the Clean Air Act, the conferees urge

that it closely follow the legislative language defining the quarantine and preshipment exemption. The conferees also urge the Administration to work with stakeholders regarding methyl bromide

availability for critical post-harvest uses.

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

The conference agreement provides $7,462,000 for the Office of

the Chief Economist as proposed by the Senate instead of

$6,408,000 as proposed by the House.

NATIONAL APPEALS DIVISION

The conference agreement provides $12,421,000 for the National Appeals Division (NAD) as proposed by the Senate instead

of $11,718,000 as proposed by the House.

104

The conferees direct that the Director of NAD track and make

available information about Director Review Determinations that

are made in favor of the Department and those that are made in

favor of the producer, and that NAD make this information available to the public, and submit a report to the Committees on Appropriations no later than February 1, 2001, as proposed by the

House.

OFFICE OF BUDGET AND PROGRAM ANALYSIS

The conference agreement provides $6,765,000 for the Office of

Budget and Program Analysis as proposed by the Senate instead

of $6,581,000 as proposed by the House.

OFFICE OF THE CHIEF INFORMATION OFFICER

The conference agreement provides $10,051,000 for the Office

of the Chief Information Officer as proposed by the House instead

of $10,046,000 as proposed by the Senate. This includes the following increases from the fiscal year 2000 level: $1,392,000 for a

central cyber security program; $1,280,000 to strengthen the information risk management program; $1,116,000 for an information

and telecommunications security architecture; and $217,000 for pay

costs.

The conferees direct the Chief Information Officer to keep the

Committees updated on a quarterly basis as the information security programs are implemented.

COMMON COMPUTING ENVIRONMENT

The conference agreement provides $40,000,000 in a separate

account for the Common Computing Environment instead of

$25,000,000 as proposed by the House.

The conferees note that incorporating geographic information

systems technology and the use of geospatial information are important components of the Common Computing Environment.

OFFICE OF THE CHIEF FINANCIAL OFFICER

The conference agreement provides $5,171,000 for the Office of

the Chief Financial Officer as proposed by the Senate instead of

$4,783,000 as proposed by the House.

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

The conference agreement provides $629,000 for the Office of

the Assistant Secretary for Administration as proposed by the Senate instead of $613,000 as proposed by the House.

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

The conference agreement provides $182,747,000 for Agriculture Buildings and Facilities and Rental Payments as proposed

by the Senate instead of $150,343,000 as proposed by the House.

The conferees expect that the five percent transfer authority

will be proposed when a move into General Services Administration

(GSA) space is vacated in favor of commercial space. The report

further notes that this flexibility is provided to allow for increVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00104 Fmt 6604 Sfmt 6601 E:\HR\OC\HR948.085 pfrm01 PsN: HR948
105

mental changes in the amount of GSA space, and is not intended

to finance changes in GSA billing.

DEPARTMENTAL ADMINISTRATION

The conference agreement provides $36,010,000 for Departmental Administration instead of $34,708,000 as proposed by the

House and $36,840,000 as proposed by the Senate.

The conference agreement reflects the transfer of $177,000 in

FY 2000 for accounting support services from Departmental Administration to the Office of the Chief Financial Officer, and increases of $979,000 for pay costs and $500,000 for alternative dispute resolution.

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

The conference agreement provides $3,568,000 for the Office of

the Assistant Secretary for Congressional Relations as proposed by

the House and the Senate. The conference agreement allows funds

to be transferred to the agencies, but does not prescribe the

amount of funds to be transferred. The conferees direct the Department, within 30 days of enactment, to notify the Committees on the

allocation of these funds, including an explanation for any agencyby-agency distribution of these funds.

OFFICE OF COMMUNICATIONS

The conference agreement provides $8,623,000 for the Office of

Communications instead of $8,138,000 as proposed by the House

and $8,873,000 as proposed by the Senate.

The conference agreement includes the increase requested for

pay costs and $250,000 for electronic access to information.

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides $68,867,000 for the Office

of the Inspector General instead of $66,867,000 as proposed by the

Senate and $65,097,000 as proposed by the House.

The conference agreement includes $2,000,000 for oversight

and audit activities involving the more than $16 billion provided in

emergency agricultural assistance in fiscal years 1999 and 2000.

The conferees want to ensure the Inspector General’s office has resources to carry out its oversight activities with respect to these

funds.

The conferees do not agree to language proposed by the Senate

directing the Inspector General to investigate whether National

Appeals Division decisions overwhelmingly favor the Department.

The conference agreement addresses this issue under the National

Appeals Division account.

OFFICE OF THE GENERAL COUNSEL

The conference agreement provides $31,080,000 for the Office

of the General Counsel as proposed by the Senate instead of

$29,194,000 as proposed by the House.

106

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

The conference agreement provides $556,000 for the Office of

the Under Secretary for Research, Education and Economics as

proposed by the Senate instead of $540,000 as proposed by the

House.

ECONOMIC RESEARCH SERVICE

The conference agreement provides $67,038,000 for the Economic Research Service as proposed by the Senate instead of

$66,419,000 as proposed by the House. Included in this amount is

$12,195,000 for USDA food assistance program studies and evaluations, of which $1,000,000 is transferred to the Food Program Administration account of the Food and Nutrition Service as proposed

by the Senate. Of the $1,000,000 to be transferred to the Food and Nutrition

Service for studies and evaluations, $500,000 is to be made available for a study on the decline in participation in the food stamp

program. The FNS study on this issue is to be completed by the

Food and Nutrition Service within 180 days of enactment of this

Act.

The conferees note that the USDA released a study in June,

2000, on this same issue. In addition, the USDA has contracted out

for a broader, more in-depth study of food stamp program access

and declining food stamp participation. The conferees are concerned that the studies to date neither accounted for a large segment of the participation decline, nor did they fully account for the

corresponding rise in demand among community food banks. The

Department is encouraged to develop the ongoing study in a manner to answer these questions.

The conferees direct the Economic Research Service to provide

an interim report, by April 15, 2001, on the number of suppliers

of infant formula in each state or major marketing area, and to

compare the cost of formula that is included in the WIC rebate program versus the cost of formula that is not in the WIC rebate program. The conferees expect a final report by August 31, 2001.

NATIONAL AGRICULTURAL STATISTICS SERVICE

The conference agreement provides $100,772,000 for the Na- tional Agricultural Statistics Service instead of $100,851,000 as

proposed by the House and $100,615,000 as proposed by the Senate. This amount includes $159,000 to develop and implement a biweekly cream/milkfat price survey to benefit all segments of the

dairy industry.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

The conference agreement provides $898,812,000 for the Agricultural Research Service instead of $843,584,000 as proposed by

the House and $871,593,000 as proposed by the Senate.

The conference agreement approves all directives and provides

funding for all research and related costs, as specified in the House

107

and Senate reports accompanying the fiscal year 2001 appropriations bill. Where increased funding is provided by both the House

and Senate for the same research activity, the conference agreement provides funding at the higher level.

The conferees are aware that USDA is considering the relocation of ARS scientists from the Shafter Cotton Research Station,

CA. The conferees are concerned that this relocation will reduce

the level of resources for cotton research conducted at the station.

The conference agreement provides continued funding at the fiscal

year 2000 level for this research and directs that no action be

taken to shift funds or staffing resources from Shafter without the

prior approval of the Committees on Appropriations of both Houses

of Congress.

The conferees recognize that ARS, Stoneville, MS, should be

properly credited with the development of a catfish line (USDA

103) with improved growth characteristics. The Stoneville Unit has

also developed the first channel catfish detailed genetic linkage

map.

Increased funding provided by the conference agreement for

endophyte research, as recommended by the House, is to be divided

equally among the participating institutions (University of Arkansas, University of Missouri, and Oregon State University).

Increased funding provided by the conference agreement for

chicken genome mapping, as recommended by the House, is to be

carried out at the Avian Disease Oncology Laboratory, currently located in East Lansing, Michigan.

The conferees encourage the Department to carry out glassywinged sharpshooter and Pierce’s disease research at Parlier, CA.

The conferees expect the Department to ensure that funds provided to the Yakima Agricultural Research Laboratory intended for

potato research are fully utilized for potato research.

The conferees concur with House report language regarding increased funding, as recommended by both the House and Senate,

for potato research at Prosser, WA.

Increased funding provided by the conference agreement for

mosquito trapping research and West Nile virus, as recommended

by the House, is to be utilized for cooperative research with the

State of Connecticut Agricultural Experiment Station for research

that focuses on the West Nile virus crisis. These resources will

allow the experiment station to enhance its on-going efforts to control and eradicate this infectious disease.

Within the increased funding provided by the conference agreement for soil tilth research, as recommended by the House,

$350,000 is to be utilized for carbon cycle research focusing on the

corn-soybean rotation.

BUILDINGS AND FACILITIES

The conference agreement provides $74,200,000 for Agricultural Research Service, Building and Facilities instead of

$39,300,000 as proposed by the House and $56,330,000 as proposed

by the Senate.

The following table reflects the conference agreement:

Arizona: Water Conservation and Western Cotton Laboratory, Maricopa .................................................................................................... $5,000,000

108

California: Western Regional Research Center, Albany ..................... 4,900,000

District of Columbia: U.S. National Arboretum .................................. 3,330,000

Hawaii: U.S. Pacific Basin Agricultural Research Center, Hilo ........ 5,000,000

Illinois: USDA Greenhouse Complex, Urbana .................................... 3,600,000

Iowa: National Animal Disease Center, Ames .................................... 9,000,000

Kansas: U.S. Grain Marketing Research Laboratory, Manhattan .... 3,500,000

Maine: Northeast Marine Cold Water Aquaculture Research Center, Orono ............................................................................................ 2,500,000

Maryland:

Human Nutrition Research Center, Beltsville ............................. 13,300,000

National Agricultural Li- brary, Beltsville ................................... 1,770,000

Mississippi: Insect Rearing Facility, Stoneville .................................. 5,000,000

Montana: Fort Keogh Laboratory, Miles City ..................................... 5,300,000

New York: Plum Island Animal Disease Center, Greenport .............. 7,000,000

Utah: Poisonous Plant Laboratory, Logan ........................................... 5,000,090

Total ................................................................................................. 74,200,000

The conferees are aware that the Agriculture Research Station

and the Animal and Plant Health Inspection Service are developing

a Master Plan to construct new and expanded facilities at Ames,

Iowa. The conferees direct the Secretary of Agriculture to assess

the scope of and need for this project based on the research and

regulatory requirements of the Department, and the relationship

between this project and existing capabilities available to the Department. The Office of the Secretary of Agriculture is directed to

submit a report to the Committees on Appropriations by March 1,

2001 that will include this assessment as well as current estimates

of full costs and the proposed construction schedule for this project.

Of the funds appropriated no more than $2,000,000 will be expended prior to March 30, 2001. The Department will not commit

additional funds on any of the components of this project after that

date unless the report finds that the construction of the component

is found to be appropriate.

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

The conference agreement provides $506,193,000 for research and education activities instead of $481,551,000 as proposed by the

House and $494,044,000 as proposed by the Senate.

The following table reflects the conference agreement:

Research and education activities

[In thousands of dollars]

Conference

agreement

Payments under the Hatch Act ...................................................................... $180,545

Cooperative Forestry Research (McIntire-Stennis) ....................................... 21,932

Payments to 1890 Colleges and Tuskegee University .................................. 32,676

Special Research Grants (Public Law 89–106):

Advanced genetic technologies (KY) ....................................................... 475

Advanced spatial technologies (MS) ....................................................... 1,000

Aegilops cylindricum (WA) ...................................................................... 360

Aflatoxin (IL) ............................................................................................ 131

Agricultural diversification (HI) .............................................................. 131

Agricultural diversity/Red River Trade Corridor (MN, ND) ................. 375

Agricultural telecommunications (NY) ................................................... 425

Agriculture-based industrial lubricants (IA) .......................................... 350

Agriculture water usage (GA) ................................................................. 300

109

Conference

agreement

Agroecology (MD) ...................................................................................... 285

Alliance of food protection (GA, NE) ....................................................... 300

Alternative crops (ND) ............................................................................. 625

Alternative corps for arid lands (TX) ...................................................... 100

Alternative nutrient management (VT) .................................................. 190

Alternative salmon products (AK) .......................................................... 645

Animal science food safety consortium (AR, IA, KS) ............................. 1,635

Apple fire blight (MI, NY) ........................................................................ 500

Aquaculture (AR) ...................................................................................... 238

Aquaculture (FL) ...................................................................................... 446

Aquaculture (LA) ...................................................................................... 330

Aquaculture (MS) ..................................................................................... 592

Aquaculture (NC) ..................................................................................... 300

Aquaculture (VA) ...................................................................................... 100

Aquaculture (WA) ..................................................................................... 285

Aquaculture Product and Marketing Development (WV) ..................... 750

Asparagus technology and production (WA) .......................................... 225

Babcock Institute (WI) ............................................................................. 600

Beef technology transfer (MO) ................................................................ 285

Biobased technology (MI) ......................................................................... 285

Bioinformatics (VA) .................................................................................. 475

Biomass-based energy research (OK, MS) .............................................. 902

Biotechnology (NC) ................................................................................... 285

Blocking anhydrous methamphetamine production (IA) ...................... 248

Bovine Tuberculosis (MI) ......................................................................... 325

Brucellosis vaccine (MT) .......................................................................... 496

Center for animal health & productivity (PA) ....................................... 113

Center for Rural Studies (VT) ................................................................. 200

Chesapeake Bay agroecology (MD) ......................................................... 175

Chesapeake Bay aquaculture .................................................................. 392

Citrus canker (FL) .................................................................................... 4,750

Citrus tristeza ........................................................................................... 742

Competitiveness of agriculture products (WA) ...................................... 680

Cool season legume research (ID, WA) ................................................... 329

Cranberry/blueberry (MA) ....................................................................... 175

Cranberry/blueberry disease and breeding (NJ) .................................... 220

Dairy and meat goat research (TX) ........................................................ 63

Dairy farm profitability (PA) ................................................................... 285

Delta rural revitalization (MS) ................................................................ 205

Designing foods for health (TX) .............................................................. 563

Diaprepes/root weevil (FL) ....................................................................... 395

Drought mitigation (NE) .......................................................................... 200

Ecosystems (AL) ....................................................................................... 500

Efficient irrigation (NM, TX) ................................................................... 1,188

Environmental biotechnology (RI) .......................................................... 190

Environmental horticulture (FL) ............................................................ 285

Environmental research (NY) .................................................................. 400

Environmental risk factors/cancer (NY) ................................................. 227

Environmentally-safe products (VT) ....................................................... 246

Exotic pest diseases (CA) ......................................................................... 1,250

Expanded wheat pasture (OK) ................................................................ 293

Farm injuries and illnesses (NC) ............................................................ 285

Feed barley for rangeland cattle (MT) .................................................... 694

Fish and shellfish technologies (VA) ....................................................... 475

Floriculture (HI) ....................................................................................... 250

Food and Agriculture Policy Research Institute (IA, MO) .................... 950

Food irradiation (IA) ................................................................................ 225

Food Marketing Policy Center (CT) ........................................................ 495

Food processing center (NE) .................................................................... 42

Food quality (AK) ..................................................................................... 350

Food safety (AL) ....................................................................................... 521

Food safety research consortium (NY) .................................................... 285

Food Systems Research Group (WI) ....................................................... 500

Forages for advancing livestock production (KY) .................................. 375

Forestry (AR) ............................................................................................ 523

Fruit and vegetable market analysis (AZ, MO) ..................................... 348

110

Conference

agreement

Generic commodity promotions, research and evaluation (NY) ........... 198

Global change/ultraviolet radiation ........................................................ 1,434

Grain sorghum (KS) ................................................................................. 106

Grass seed cropping systems for sustainable agriculture (ID, OR,

WA) ........................................................................................................ 423

Human nutrition (IA) ............................................................................... 473

Human nutrition (LA) .............................................................................. 752

Human nutrition (NY) ............................................................................. 622

Hydroponic tomato production (OH) ....................................................... 100

Illinois-Missouri Alliance for Biotechnology ........................................... 1,242

Improved dairy management practices (PA) .......................................... 398

Improved early detection of crop disease (NC) ...................................... 198

Improved fruit practices (MI) .................................................................. 445

Infectious disease research (CO) ............................................................. 300

Institute for Food Science & Engineering (AR) ..................................... 1,250

Integrated production systems (OK) ....................................................... 180

Intelligent quality sensor for food safety (ND) ...................................... 142

International arid lands consortium ....................................................... 495

Iowa Biotechnology Consortium .............................................................. 1,564

Livestock and dairy policy (NY, TX) ....................................................... 570

Lowbush blueberry research (ME) .......................................................... 260

Maple research (VT) ................................................................................. 119

Meadowfoam (OR) .................................................................................... 300

Michigan biotechnology consortium ........................................................ 725

Midwest Advanced Food Manufacturing Alliance ................................. 462

Midwest agricultural products (IA) ......................................................... 646

Milk safety (PA) ........................................................................................ 375

Minor use animal drugs ........................................................................... 550

Molluscan shellfish (OR) .......................................................................... 400

Multi-commodity research (OR) .............................................................. 364

Multi-cropping strategies for aquaculture (HI) ...................................... 127

National beef cattle genetic evaluation consortium (NY) ..................... 285

National biological impact assessment ................................................... 254

Nematode resistance genetic engineering (NM) .................................... 127

Nevada arid rangelands initiative (NV) ................................................. 300

New crop opportunities (AK) ................................................................... 496

New crop opportunities (KY) ................................................................... 725

Non-food uses of agricultural products (NE) .......................................... 64

Nursery, greenhouse, and turf specialities (AL) .................................... 285

Oil resources from desert plants (NM) ................................................... 175

Organic waste utilization (NM) ............................................................... 100

Pasture and forage research (UT) ........................................................... 250

Peach tree short life (SC) ......................................................................... 179

Peanut allergy reduction (AL) ................................................................. 500

Pest control alternatives (SC) .................................................................. 117

Phytophthora root rot (NM) ..................................................................... 138

Pierce’s disease (CA) ................................................................................ 1,900

Plant, drought, and disease resistance gene cataloging (NM) .............. 250

Potato research ......................................................................................... 1,450

Precision agriculture (KY) ....................................................................... 750

Preharvest food safety (KS) ..................................................................... 212

Preservation and processing research (OK) ........................................... 226

Produce pricing (AZ) ................................................................................. 76

Protein utilization (IA) ............................................................................. 190

Rangeland ecosystems (NM) .................................................................... 300

Red snapper research (AL) ...................................................................... 725

Regional barley gene mapping project .................................................... 588

Regionalized implications of farm programs (MO, TX) ......................... 294

Rice Modeling (AR) ................................................................................... 296

Rural Development Centers (PA, IA, ND, MS, OR, LA) ....................... 523

Rural Policies Research Institute (NE, IA, MO) .................................... 822

Russian wheat aphid (CO) ....................................................................... 250

Safe vegetable production (GA) ............................................................... 285

Satsuma orange research (AL) ................................................................ 475

Sclerotina disease research (MN) ............................................................ 238

111

Conference

agreement

Seafood and acquaculture harvesting, processing, and marketing

(MS) ........................................................................................................ 305

Seafood harvesting, processing, and marketing (AK) ............................ 1,168

Seafood safety (MA) .................................................................................. 278

Small fruit research (OR, WA, ID) .......................................................... 325

Southwest consortium for plant genetics and water resources ............ 369

Soybean cyst nematode (MO) .................................................................. 600

STEEP-water quality in the Pacific Northwest ..................................... 500

Sustainable agriculture (CA) ................................................................... 393

Sustainable agriculture (MI) ................................................................... 445

Sustainable agriculture and natural resources (PA) ............................. 100

Sustainable agriculture systems (NE) .................................................... 59

Sustainable beef supply (MT) .................................................................. 744

Sustainable pest management for dryland wheat (MT) ........................ 462

Swine waste management (NC) .............................................................. 500

Technological development of renewable resources (MO) ..................... 285

Tillage silviculture, waste management (LA) ........................................ 212

Tomato wilt virus (GA) ............................................................................ 250

Tropical aquaculture (FL) ........................................................................ 198

Tropical and subtropical research/T STAR ............................................ 3,862

Turkey carna virus (IN) ........................................................................... 200

Value-added product development from agricultural resources (MT) 332

Value-added products (IL) ....................................................................... 95

Vidalia onions (GA) .................................................................................. 250

Viticulture consortium (NY, CA, PA) ...................................................... 1,500

Water conservation (KS) .......................................................................... 79

Weed control (ND) .................................................................................... 436

Wetland plants (LA) ................................................................................. 600

Wheat genetic research (KS) ................................................................... 261

Wheat sawfly research (MT) .................................................................... 332

Wood utilization (AK, ID, ME, MI, MN, MS, NC, OR, TN) .................. 5,786

Wool research (TX, MT, WY) ................................................................... 300

Subtotal, Special Grants ............................................................ 85,669

Improved pest control:

Emerging pests/critical issues ................................................................. 200

Expert IPM decision support system ...................................................... 177

Integrated pest management ................................................................... 2,731

IR–4 minor crop pest management ......................................................... 8,990

Pest management alternatives ................................................................ 1,623

Subtotal, Improved pest control ................................................ 13,721

National Research Initiative (NRI) Competitive Grants .............................. 106,000

Animal health and disease (sec. 1433) ........................................................... 5,109

Alternative crops .............................................................................................. 800

Critical Agricultural Materials Act ................................................................ 640

1994 Institutions research program ............................................................... 1,000

Institution challenge grants ........................................................................... 4,350

Graduate fellowships grants ........................................................................... 3,000

Multicultural scholars program ...................................................................... 1,000

Hispanic education partnership grants ......................................................... 3,500

Capacity building grants (1890 Institutions) ................................................ 9,500

Payments to the 1994 Institutions ................................................................. 1,552

Alaska Native serving and Native Hawaiian-serving Institutions education grants ................................................................................................. 3,000

Secondary agriculture education .................................................................... 800

Sustainable agriculture research and education/SARE ................................ 9,250

Aquaculture centers (sec. 1475) ...................................................................... 4,000

Federal Administration:

Agriculture development in the American Pacific ................................. 564

Agriculture waste utilization (WV) ......................................................... 496

112

Conference

agreement

Agriculture water policy (GA) ................................................................. 366

Alternative fuels characterization laboratory (ND) ............................... 259

Animal waste management (OK) ............................................................ 275

Biotechnology (MS) ................................................................................... 591

Center for Agricultural and Rural Development (IA) ........................... 428

Center for innovative food technology (OH) ........................................... 761

Center for North American Studies (TX) ............................................... 87

Climate change research (FL) ................................................................. 170

Cotton research (TX) ................................................................................ 500

Data Information system ......................................................................... 2,125

Geographic information system ............................................................... 1,025

Germplasm development in forage grasses (OH) .................................. 100

Livestock marketing information center (CO) ....................................... 185

Mariculture (NC) ...................................................................................... 325

Mississippi Valley State University ........................................................ 647

National Center for Peanut Competitiveness (GA) ............................... 400

Office of Extramural Programs ............................................................... 449

Pay costs and FERS ................................................................................. 1,100

Peer panels ................................................................................................ 350

PM–10 air quality study (WA) ................................................................ 436

Precision agriculture/Geospatial Training and Application Center

(AL) ........................................................................................................ 587

Precision agriculture/Tennessee Valley Research and Extension Center (AL) .................................................................................................. 147

Shrimp aquaculture (AZ, HI, MA, MS, SC, TX) .................................... 4,177

Sustainable agriculture development (OH) ............................................ 475

Urban silviculture (NY) ........................................................................... 238

Water quality (IL) .................................................................................... 349

Water quality (ND) ................................................................................... 395

Wetland plants (WV) ................................................................................ 142

Subtotal, Federal Administration ............................................. 18,149

Total, Research and Education Activities ................................ $506,193

The conference agreement includes $800,000 for alternative

crops, of which $600,000 is for canola and $200,000 is for

hesperaloe and other natural products from desert plants.

The conference agreement for Binational Agricultural Research

and Development (BARD) is included under the ‘‘Agricultural Research Service, Salaries and Expenses’’ account, which provides

$400,000 as proposed by the Senate instead of $400,000 under

CSREES Research and Education Activities as proposed by the

House.

The conference agreement provides $106,000,000 for the National Research Initiative (NRI), without specifying the breakdown

of funds to support the ‘‘high priority research’’ areas authorized by

7 U.S.C. 450i(b). However, the conferees direct that $20,788,000 of

this amount, the full request level, be made available to support

the President’s Food Safety Initiative. The conferees also encourage

a fair distribution of resources between research on animal systems

and plants.

The conferees are aware that CSREES intends to fill the position of National Program Leader, Agricultural Engineering, vacated by retirement. The conferees intend that the primary responsibilities of the position should continue to support ginning education and technology transfer and be based at a USDA ginning

laboratory facility to maintain efficiency and ensure close communications with stakeholders and researchers.

113

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

The conference agreement provides $7,100,000 for the Native

American Institutions Endowment Fund as proposed by both the

House and the Senate, with technical corrections as proposed by

the Senate.

EXTENSION ACTIVITIES

The conference agreement provides $433,429,000 for extension

activities instead of $431,540,000 as proposed by the House and

$427,380,000 as proposed by the Senate.

The following table reflects the conference agreement:

Extension Activities

[In thousands of dollars]

Conference

agreement

Smith-Lever sections 3(b) and (c) ......................................................... $276,548

Smith-Lever section 3(d):

Farm safety ..................................................................................... 4,000

Food and nutrition education ........................................................ 58,695

Indian reservation agents .............................................................. 2,000

Pesticide applicator training .......................................................... 0

Pest management ........................................................................... 10,783

Rural development centers ............................................................ 908

Sustainable agriculture .................................................................. 3,800

Youth at risk ................................................................................... 8,500

Youth farm safety education and certification ............................. 500

Renewable Resources Extension Act .................................................... 3,192

1890 Colleges & Tuskegee University .................................................. 28,243

1890 facilities grants ............................................................................. 12,200

Rural health and safety education ....................................................... 2,628

Extension services at the 1994 institutions ......................................... 3,280

Subtotal ........................................................................................ 415,277

Federal administration:

After-school program (CA) ............................................................. 399

Ag in the Classroom ....................................................................... 452

Beef producers improvement (AR) ................................................ 197

Botanical garden initiative (IL) ..................................................... 238

Conservation technology transfer (WI) ......................................... 475

Dairy education (IA) ....................................................................... 238

Delta Teachers Academy ................................................................ 3,500

Diabetes detection, prevention (WA) ............................................. 926

Efficient irrigation (NM/TX) .......................................................... 1,900

Extension specialist (MS) ............................................................... 100

Family farm beef industry network (OH) ..................................... 1,320

Food animal residue avoidance database/FARAD ....................... 285

Food Electronically and Effectively Distributed (FEED) demonstration project (OR) ............................................................... 167

Income enhancement demonstration (OH) ................................... 246

Integrated cow/calf management (IA) ........................................... 285

National Center for Agriculture Safety (IA) ................................. 195

Pilot technology transfer (WI) ....................................................... 163

Pilot technology transfer (OK, MS) ............................................... 326

Potato pest management (WI) ....................................................... 190

Range improvement (NM) .............................................................. 197

Rural development (AK) ................................................................ 618

Rural development (NM) ................................................................ 280

Rural rehabilitation (GA) ............................................................... 246

Vocational agriculture (OK) ........................................................... 276

Wood biomass as an alternative farm product (NY) .................... 197

114

Conference

agreement

General administration and pay ................................................... 4,736

Total, Federal Administration ................................................... 18,152

Total, Extension Activities ......................................................... 433,429

The conference agreement includes $4,000,000 for farm safety, of which $2,800,000 is for the AgrAbility project.

INTEGRATED ACTIVITIES

The conference agreement provides $41,941,000 for integrated

activities instead of $39,541,000 as proposed by the House and

$43,365,000 as proposed by the Senate.

The following table reflects the conference agreement:

Integrated Activities Account

[In thousands of dollars]

Conference

agreement

Integrated Research, Education and Extension Competitive Grants

Program:

Water Quality ................................................................................. $13,000

Food Safety ..................................................................................... 15,000

Pesticide Impact Assessment ......................................................... 4,541

Crops at Risk From FQPA Implementation ................................. 1,500

FQPA Risk Mitigation Program for Major Food Crop Systems 4,900

Methyl Bromide Transition Program ............................................ 2,500

Organic Transition Program .......................................................... 500

Total, Integrated Activities ........................................................ 41,941

The conferees direct the Department to continue funding for

the Farm*A*Syst program at no less than the fiscal year 1999

level, and encourage the Department to give consideration to

$4,000,000 for this program within the funds provided for water

quality.

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

The conference agreement provides $635,000 for the Office of

the Under Secretary for Marketing and Regulatory Programs as

proposed by the Senate instead of $618,000 as proposed by the

House.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

The conference agreement provides $530,564,000 for the Animal and Plant Health Inspection Service (APHIS) instead of

$469,985,000 as proposed by the House and $458,149,000 as proposed by the Senate.

The conference agreement does not include the House bill language ‘‘reduced by $15,510.’’

The conference agreement includes language permitting up to

$1,000,000 for wildlife services methods development pilot projects

for wildlife predation of livestock.

115

The conference agreement includes an additional $59,400,000

for boll weevil eradication program as proposed by the Senate in

Division B.

The conferees direct the agency not to deduct administrative

and overhead expenses from the additional funding provided for

boll weevil eradication. The conferees support the producer-governed Boll Weevil Action Committee’s unanimously approved plan

for allocation of the emergency and regular funding for eradication

zones active as of December 1, 2000. The conferees understand the

plan provides for distribution of funds on a pro-rata basis with exceptions to address special funding requirements arising from extraordinary circumstances in Oklahoma, Mississippi and possibly

Tennessee.

The conferees are concerned about the need for more control of

rabies. The conferees direct the Secretary of Agriculture to issue a

declaration of emergency with regard to rabies in West Virginia,

Ohio, Vermont, New Hampshire, New York, Pennsylvania, and

Texas, and to provide an additional $4,100,000 above the fiscal

year 2000 level for control efforts by the Animal and Plant Health

Service (APHIS), Wildlife Services. Of this amount, not less than

$1,300,000 is to be directed toward cooperative rabies control in

West Virginia.

The following table reflects the conference agreement:

[In thousands of dollars]

Conference

agreement

Pest and Disease Exclusion:

Agricultural quarantine inspection ............................................... $38,970

User fees .......................................................................................... 85,000

Subtotal, Agricultural Quarantine Inspection .......................... 123,970

Cattle ticks ...................................................................................... 5,276

Foot-and-mouth disease ................................................................. 3,803

Import/export .................................................................................. 7,025

Sanitary/phytosanitary management ............................................ 8,205

Fruit fly exclusion and detection ................................................... 32,610

Screwworm ...................................................................................... 30,375

Tropical bont tick ............................................................................ 407

Total, Pest and Disease Exclusion ............................................. 211,671

Plant and Animal Health Monitoring:

Animal health monitoring and surveillance ................................. 68,653

Animal and plant health regulatory enforcement ....................... 6,263

Emergency Management System .................................................. 2,997

Pest detection .................................................................................. 6,729

Total, Plant and Animal Health Monitoring ............................ 84,642

Pest and Disease Management Programs:

Aquaculture ..................................................................................... 920

Biocontrol ........................................................................................ 8,318

Boll weevil ....................................................................................... 79,157

Brucellosis eradication ................................................................... 9,943

Emerging plant pests ..................................................................... 3,533

Golden nematode ............................................................................ 580

Gypsy moth ..................................................................................... 4,417

Imported fire ant ............................................................................ 2,100

Noxious weeds ................................................................................. 1,124

Pink bollworm ................................................................................. 1,548

Pseudorabies ................................................................................... 4,039

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Conference

agreement

Scrapie eradication ......................................................................... 3,024

Tuberculosis .................................................................................... 5,474

Wildlife services operations ........................................................... 36,781

Witchweed ....................................................................................... 1,506

Total, Pest and Disease Management ....................................... 162,464

Animal Care:

Animal welfare ................................................................................ 12,167

Horse protection ............................................................................. 398

Total, Animal Care ..................................................................... 12,565

Scientific and Technical Services:

Biotechnology/environmental protection ....................................... 10,021

Integrated systems acquisition project ......................................... 1,000

Plant methods development laboratories ..................................... 4,806

Veterinary biologics ........................................................................ 10,751

Veterinary diagnostics ................................................................... 17,514

Wildlife Services methods development ........................................ 11,025

Total, Scientific and Technical Services .................................... 55,117

Contingency fund ................................................................................... 4,105

Invasive species ..................................................................................... 0

Total, Contingency Fund and Invasive Species ........................ 4,105

Total, Salaries and Expenses ..................................................... 530,564

The conference agreement provides $625,000 for a cooperative

agreement with Georgia Wildlife Services and the University of

Georgia to conduct research on and control of game bird predation

in Georgia.

The conference agreement provides an increase of $1,000,000

above the fiscal year 2000 level for predator control programs for

livestock operators in Montana, Idaho and Wyoming.

The conference agreement provides $50,000 to begin studies in

order to better understand the effect of American white pelicans

and their associated ecology on the aquaculture industry in the

Mid-south.

The conferees are aware that the General Accounting Office

has been asked to provide an analysis of the likely impact of an extension of the Andean Trade Preferences Act on imports of Peruvian asparagus within six months of the date of enactment of this

Act. The conferees support this request and note the importance of

completion of the study by the date requested.

The conferees urge the use of the VAC–TRAC Verification System (VTVS) through Artificial Intelligence networking in the establishment of the permanent animal identification system in the

United States. The VTVS will possibly help enforce APHIS’ port of

entry agricultural quarantine program and assure the safety and

efficacy of veterinary biological and agricultural biotechnology

products overseen by APHIS.

The conference agreement includes an increase of $1,000,000

above the fiscal year 2000 level for aviation operations and safety.

The conference agreement includes an increase of $2,000,000

above the fiscal year 2000 level for the shared responsibility with

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ment responsibilities affiliated with the fire ant quarantine of nursery and greenhouse plants including control, management and

eradication of the imported fire ant in New Mexico.

The conference agreement provides $500,000 for research and

evaluation of nicarbazin as a means of controlling goose and other

avian populations and to increase airport safety.

The conference agreement does not adopt House report language regarding apportionment of funds by the Office of Management and Budget. The conferees direct the Department to notify

the Committees on Appropriations when funds are released from

the Commodity Credit Corporation for APHIS programs.

The conference agreement provides $920,000 for aquaculture

including an increase of $191,000 above the fiscal year 2000 level

to continue the telemetry studies on depredating species of wildlife

in the Southeast and to pay for cost increases. The conference

agreement also includes $100,000 to support a wildlife biologist at

the Northwest Florida Aquaculture Farm in Blountstown, FL.

The conference agreement provides an increase of $124,000 for

the National Poultry Improvement Program.

The conferees emphasize that they expect the Secretary to continue to conduct a wildlife services program consistent with the

program in place on the date of enactment of this Act. The Secretary is expected to take all actions deemed necessary and proper

to protect agricultural resources, natural resources, property, and

public health and safety on all lands with respect to injurious animals such as predators, rodents, birds, reptiles, and amphibians.

The conferees also emphasize the importance to develop and implement methods that best promote and further utilize non-lethal

means of control in order to sustain diversity of and reduce harm

to native species, and realize savings and efficiencies among public

agencies and those seeking agency assistance. The conferees expect

the Secretary to continue cooperating with all parties interested in

agency activities and to conduct such investigations, experiments,

and tests as he may deem necessary and proper to determine, demonstrate, and promulgate the best methods of eliminating the

threats posed by injurious animals in the most efficient and humane manner practicable. The conferees further expect the General

Accounting Office to provide a report to the Appropriations Committees of the House and the Senate by November 30, 2001 on actions taken or planned by Wildlife Services to reduce the threats

posed by injurious animals; the nature, severity, and harm resulting from such threats; specific costs and benefits of agency operations; and opportunities for developing effective non-lethal methods of control as evidenced by evaluations of actual agency activities on farms and ranches representative of client appeals for assistance and results.

The conference agreement provides an increase of $50,000

above the fiscal year 2000 level for a cooperative agreement with

Murray State University, Breathitt Veterinary Center, Hopkinsville, KY to determine the impact on animal health from common

agricultural chemical usage.

The conference agreement provides an increase of $2,370,000

above the fiscal year 2000 level for the emergency management

118

systems program so the agency can respond to crises that threaten

the economic health of the animal industry.

The conferees direct the agency to evaluate its authority and

its resources for sufficiency to promote the safety of companion animals transported on commercial airlines. This study should include

recommendations regarding any authority needed by the agency to

improve animal safety on all commercial airlines.

BUILDINGS AND FACILITIES

The conference agreement provides $9,870,000 for Animal and

Plant Health Inspection Service Buildings and Facilities as proposed by the Senate instead of $5,200,000 as proposed by the

House.

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

The conference agreement provides $65,335,000 for the Agri- cultural Marketing Service instead of $56,326,000 as proposed by

the House and $64,696,000 as proposed by the Senate. The conference agreement provides that $639,000 shall be transferred for

the National Organic Standards program only after promulgation

of a final rule as proposed by the House. The total amount recommended includes: $5,900,000 for the Livestock Mandatory Price

Reporting Act of 1999 as proposed by the Senate instead of

$3,000,000 as proposed by the House; $6,235,000 for the Microbiological Data program as proposed by the Senate; an increase of

$1,106,000 for the Pesticide Data program as proposed by the

House instead of $1,137,000 as proposed by the Senate; and an increase of $31,000 for the Federal-State Marketing Improvement

program as proposed by the House.

The conferees expect that, prior to implementation of the recommendations of the USDA Research and Promotion Task Force,

the Agricultural Marketing Service will conduct a cost and benefit

analysis of the recommendations of the USDA Research and Promotion Task Force, and report to the Committees on Appropriations of the House of Representatives and the Senate on the cost

implications to the affected commodity promotion boards.

The conferees place the highest emphasis on ensuring the safety of meals delivered through USDA’s various feeding programs.

The conferees direct that USDA will not preclude the use of any

USDA-approved food safety technology in the preparation of food

for its meal or nutrition programs.

PAYMENTS TO STATES AND POSSESSIONS

The conference agreement provides $1,350,000 for the Payments to States and Possessions program instead of $1,500,000 as

proposed by the House and $1,200,000 as proposed by the Senate.

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $31,420,000 for the Grain

Inspection, Packers and Stockyards Administration instead of

119

$27,801,000 as proposed by the House and $27,269,000 as proposed

by the Senate.

The conference agreement includes $600,000 for the completion

of a biotechnology facility.

The conferees direct the Secretary of Agriculture to conduct a

comprehensive study on the issue of captive supply, and deliver a

report by September 30, 2001. In particular, the Secretary is instructed to examine and report on whether or not the cattle that

are procured pursuant to a captive supply arrangement by a packer’s non-reporting subsidiary, affiliate and owners, officers and employees are being included in the percentages as captive supply.

The report shall also include the reasons why GIPSA’s annual

‘‘Packers and Stockyard Statistical Report’’ frequently reports a

captive supply percentage much lower than the percentages reported by other entities.

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

The conference agreement provides $460,000 for the Office of

the Under Secretary for Food Safety as proposed by the Senate instead of $446,000 as proposed by the House.

FOOD SAFETY AND INSPECTION SERVICE

The conference agreement provides $696,704,000 for the Food

Safety and Inspection Service instead of $673,790,000 as proposed

by the House and $678,011,000 as proposed by the Senate.

The conference agreement includes $591,258,000 for federal

food inspection.

The conference agreement includes $6,000,000 to be used to

the extent approved by the Director of the Office of Management

and Budget to liquidate obligations incurred in previous years that

violated the Antideficiency Act. The conferees expect the agency to

take appropriate action to avoid violations of the Antideficiency Act

from occurring again.

The conference agreement does not adopt Senate bill language

providing that the appropriation shall not be available for shell egg

surveillance under the Egg Products Inspection Act.

The conferees direct the agency to provide $500,000 to the National Research Council for an evaluation, at the earliest date practicable, by the National Research Council of the role of scientifically determined criteria, including microbiological criteria, in the

production and regulation of meat and poultry products and a report, including recommendations to the Secretary, to be prepared

by the National Advisory Committee on Microbiological Criteria for

Foods, no later that March 1, 2001, regarding microbiological performance standards, including the role of such standards as a

means of assuring meat and poultry product safety, as well as such

other considerations as the Committee deems appropriate. These

activities should in no way delay the implementation of the

HACCP inspection system or other food safety activities.

The conferees direct the agency to continue to provide the

Quarterly Report on Budget Execution and Staffing to the Committees on Appropriations.

120

The conference agreement does not include language under

this heading which permits FSIS to expend funds appropriated for

FY 2001 to liquidate overobligations and overexpenditures incurred

in previous fiscal years as proposed by the House.

The conferees note that the conference agreement provides for

all mandatory pay cost increases and the full amount requested for

the FSIS portion of the Food Safety Initiative.

The conference agreement includes full funding for inspection costs and activities and $2,039,000 for activities related to the

Codex Alimentarius. The conferees note increased responsibilities

for the agency regarding participation in the Codex Alimentarius.

The conference agreement provides for not to exceed $50,000 for

representational expenses associated with Codex activities.

The conferees direct a report by March 1, 2001 on meat and

poultry inspection regulations in place prior to publication of the

Pathogen Reduction HACCP Rule.

Furthermore, the conferees, in supporting food safety regulations based upon the best available science, recognize the importance of the National Advisory Committee for Microbiological Criteria for Foods’ (NACMF) chartered mission of providing impartial,

scientific advice to Federal agencies on food safety matters. The

conferees, therefore, direct that as part of Department of Health

and Human Services and Department of Agriculture’s ongoing rechartering of the NACMF, the Secretary of Agriculture and Secretary of Health and Human Services shall: (1) appoint a number

of members consistent with scientific advisory committees utilized

by agencies such as the Food and Drug Administration and the

U.S. Environmental Protection Agency; (2) adhere strictly to applicable Federal conflict-of-interest requirements for Federal advisory

committee membership; (3) report to the Committee on Appropriations and Committee on Agriculture, Nutrition, and Forestry of the

U.S. Senate, the Committee on Appropriations and Committee on

Agriculture in the U.S. House of Representatives, and the Secretaries of Agriculture and Health and Human Services on any conflicts of interest of NACMF members involved in making recommendations to federal agencies, whether waived under applicable Federal law or not, and what those conflicts are.

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

The conference agreement provides $589,000 for the Office of

the Under Secretary for Farm and Foreign Agricultural Services as

proposed by the Senate instead of $572,000 as proposed by the

House.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

The conference agreement provides $828,385,000 for the salaries and expenses of the Farm Service Agency (FSA), the same as

proposed by the House, Senate and President’s budget request. The

conferees are concerned, however, that the budget request did not

include a funding request sufficient to maintain FSA county office

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ricultural producers rely heavily on the programs administered by

the FSA county office employees during periods of economic decline. Since the economic crisis and FSA workload are not expected

to decline in the near future, the conferees expect that future funding requests will fully support the workload needs of county office

employees.

STATE MEDIATION GRANTS

The conferees are aware of outstanding issues regarding confidentiality of client information and auditing requirements necessary to maintain program integrity in the State Mediation Program. The conferees strongly encourage the relevant agencies to

work cooperatively to balance those program interests and propose

further reauthorization requirements as appropriate.

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

The following table reflects the conference agreement:

Farm Ownership Loans:

Guaranteed ..................................................................................... ($870,000,000)

Subsidy ............................................................................................ 4,437,000

Farm Operating Loans:

Direct ............................................................................................... (525,000,000)

Subsidy ............................................................................................ 47,355,000

Unsubsidized Guaranteed .............................................................. (1,077,839,000)

Subsidy ............................................................................................ 14,770,000

Subsidized Guaranteed .................................................................. (369,902,000)

Subsidy ............................................................................................ 30,185,000

Emergency Loans ................................................................................... (25,000,000)

Subsidy ............................................................................................ 6,133,000

Indian Tribe Land Acquisition Loans .................................................. (2,006,000)

Subsidy ............................................................................................ 323,000

The conferees considered the estimated large carry over balances in the Agricultural Credit Insurance Fund Program account

in determining the fiscal year 2001 funding amounts. The estimated carry over balances and the conference agreement reflect at

a minimum the President’s budget request. In the case of emergency loans, the total amount available is $292,802,000 with a subsidy of $71,825,000, reflecting an increase of $142,738,000 and

$35,014,000, respectively, over the President’s request.

RISK MANAGEMENT AGENCY

The conference agreement provides $65,597,000 for the Risk

Management Agency (RMA) as proposed by the Senate instead of

$67,700,000 as proposed by the House.

The conferees recognize the importance of improved risk management tools for dairy farmers and expect the RMA to allow the

participation of producers in the Dairy Options Pilot Program

(DOPP) for more than one year. The complexities inherent in

DOPP require a full understanding of all facets of the program

rather than a mere introduction to any benefits or problems. Accordingly, the Administrator of RMA is directed to report to the Appropriations Committees of the House and the Senate by January

2001 on agency compliance with this directive.

122

CORPORATIONS

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

The conference agreement provides such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses as proposed by the Senate instead of a limitation of

$27,771,007,000 as proposed by the House.

TITLE II—CONSERVATION PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

The conference agreement provides $711,000 for the Office of

the Under Secretary for Natural Resources and Environment as

proposed by the Senate instead of no appropriation as proposed by

the House.

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

The conference agreement provides $714,116,000 for Conserva- tion Operations as proposed by the Senate instead of $676,812,000

as proposed by the House. Included in this amount is not less than

$9,125,000 for operation and establishment of plant materials centers as proposed by the House instead of not less than $9,975,000

as proposed by the Senate.

The conference agreement provides $2,000,000 for the Urban

Resources Partnership program, the same amount as the budget

request, of which $1,000,000 is available only after promulgation of

a final rule for the program.

The conference agreement includes language that makes

$204,000 available for the American Heritage Rivers program, the

same amount as the budget request.

The conferees recognize the long-term nature of the technical

assistance work associated with EQIP contracts and recommend

that the technical assistance component be reimbursed, from the

Commodity Credit Corporation, for all costs associated with new

and existing contracts.

In addition to the items in the House and Senate reports that

are not changed by the conference agreement, funding is included

for the following items: fiscal year 2000 funding level for the National Water Management Center in Arkansas; $290,000 to expand

cooperative efforts with Delaware State University as proposed by

the House instead of $500,000 as proposed by the Senate;

$5,000,000 for pilot projects for technology systems resulting in nutrient reduction in Florida and North Carolina instead of

$1,600,000 as proposed by the House; $525,000 for a cooperative

agreement with the Georgia Soil and Water Conservation Commission; $750,000 for Hungry Canyon/Loess Hills erosion control instead of $900,000 as proposed by the Senate; $500,000 above the

fiscal year 2000 funding level for Chesapeake Bay activities instead

of $1,000,000 as proposed by the Senate; $250,000 for the Squirrel

123

Branch drainage project in Mississippi instead of $500,000 as proposed by the Senate; $100,000 for a cooperative agreement for soil

erosion and water quality analysis with Alcorn State University;

$150,000 for Tallahagga grade stabilization; no funds to implement

Phase II for watershed work in Walton, New York instead of

$525,000 as proposed by the House; $300,000 for a study to characterize land use change in cooperation with Clemson University instead of $350,000 as proposed by the Senate; $300,000 for Oregon

Garden in Silverton instead of $400,000 as proposed by the Senate;

$225,000 to test emerging alternative technology to reduce phosphorus loading into Lake Champlain instead of $300,000 as proposed by the Senate; $18,000,000 for the Grazing Lands Conservation Initiative as proposed by the House instead of $17,000,000 as

proposed by the Senate; $725,000 for the Great Lakes Basin Program instead of $700,000 as proposed by the House and $750,000

as proposed by the Senate; $1,000,000 above the fiscal year 2000

level for the Wildlife Management Institute for developing and

transferring fish and wildife technology to States and field offices;

and an increase of $14,060,000 above the fiscal year 2000 funding

level for AFO/CAFO instead of $8,660,000 above fiscal year 2000 as

proposed by the House.

WATERSHED SURVEYS AND PLANNING

The conference agreement provides $10,868,000 for Watershed

Surveys and Planning as proposed by the House instead of

$10,705,000 as proposed by the Senate. The conference agreement

includes language providing $136,000 for American Heritage Rivers, the same amount as requested in the budget.

WATERSHED AND FLOOD PREVENTION OPERATIONS

The conference agreement provides $99,443,000 as proposed by

the Senate instead of $83,423,000 as proposed by the House. The

conference agreement includes $15,000,000 for watersheds authorized under the Flood Control Act of 1936 as proposed by the Senate

instead of $12,000,000 as proposed by the House.

The conference report includes a provision that earmarks

$8,000,000 of the funds available for Emergency Watershed Protection activities for Mississippi, Wisconsin, New Mexico, and Ohio for

financial and technical assistance for pilot rehabilitation projects.

The conference agreement includes funds for a study in cooperation with the town of Johnston, Rhode Island, on floodplain

management for the Pocasset River.

In addition to the items in the House and Senate reports that

are not changed by the conference agreement, the following item is

included: funds for financial assistance to implement Phase II of a

multi-year agreement between the NRCS and the Watershed Agricultural Council in Walton, New York including funds to monitor

perpetual stewardship easements.

RESOURCE CONSERVATION AND DEVELOPMENT

The conference agreement provides $42,015,000 for Resource

Conservation and Development instead of $41,708,000 as proposed

by the House and $36,265,000 as proposed by the Senate.

124

FORESTRY INCENTIVES PROGRAM

The conference agreement provides $6,325,000 for the Forestry

Incentives Program as proposed by the Senate. The House bill provided no funds for this account.

TITLE III—RURAL ECONOMIC AND COMMUNITY

DEVELOPMENT PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

The conference agreement provides $605,000 for the Office of

the Under Secretary for Rural Development as proposed by the

Senate instead of $588,000 as proposed by the House.

The conferees expect the Department to give consideration to

the following requests for assistance from rural development programs: rural business enterprise grants to the Lower Mississippi

Delta Development Center in Memphis, TN, the Central Kentucky

Growers in Georgetown, KY, the Warren County Port Commission

in Vicksburg, MS, and the York (PA) Farmers’ Market; assistance

from community facilities grant and loan programs for construction

of a Filipino community center in Waipahu in Honolulu County,

HI; assistance from the distance learning program to the Memphis

Mid-south Telemedicine Network Initiative in Tennessee and an

outreach program for e-commerce and a high school mentoring program at New Mexico State University; financial assistance to the

Town of Newton, MA for upgrades to the sewer system to comply

with Clean Water Act standards; funding for the Rockland County

(NY) Cornell Cooperative Extension facility; financial assistance,

including use of other federal funds to offset USDA loans, for new

wastewater treatment facilities in Beach City, OH, and assistance

to deal with the environmental health risk due to the quality of

water in Browning and East Glacier, MT located on the Blackfeet

Indian Reservation and assistance for a sanitary sewers project in

Jerusalem Township, Lucas County, OH.

The conferees expect the Department to apply established review procedures when considering applications.

The conferees direct the Department to fund the completion of

a study by the National Ground Water Association that would identify and develop strategies to address economic, legal, technological,

or public health issues that must be addressed prior to developing

a publicly financed program to assist individual low and moderate

income households to secure financing for the installation or refurbishing of individually owned household water well systems.

The conferees recognize the urgent need to provide adequate

medical care for the members of the Mississippi Band of Choctaw

Indians (the Tribe) and other eligible individuals residing in east

central Mississippi including Attala, Winston, Noxubee, Leake,

Neshoba, Kemper, Scott, Newton, Jasper, and Jones counties. The

Tribe, under the provisions of a Self-Governance Compact with the

Indian Health Service/U.S. Department of Health and Human

Services is the major provider of comprehensive health care services to this large community. Given the rapid population growth in

this community, especially young children, the conferees understand there is a critical need to update, expand and modernize the

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Tribe’s existing medical facilities especially the Choctaw Health

Center, the Choctaw Residential Center, and the Tribe’s ambulatory medical and dental care facilities in the outlying rural clinics

in Red Water, Bogue Chitto, and Conehatta.

RURAL COMMUNITY ADVANCEMENT PROGRAM

The conference agreement provides $762,542,000 for the Rural

Community Advancement Program (RCAP) instead of $775,837,000

as proposed by the House and $759,284,000 as proposed by the

Senate.

The conference agreement does not include Senate language

that specifies program levels within the total made available under

the RCAP for assistance to Native Americans. The conferees are

aware of housing, utility, business opportunity, and educational infrastructure needs and direct the Department to allocate program

benefits in a manner that best serves the requirements of this population, but expect that up to $4,000,000 shall be available for community facility grants for tribal college improvements.

The conference agreement adopts House language setting aside

funds provided for Federally Recognized Native American Tribes

for technical assistance for rural transportation.

The conference agreement does not adopt House language setting aside $2,000,000 for an agritourism program. The conferees direct the Department to consider requests for agritourism funding

and use funds provided under the RCAP to assist meritorious

projects.

The conference agreement adopts House language setting aside

$5,000,000 for hazardous weather early warning systems.

The conference agreement adopts House language setting aside

$5,000,000 for rural partnership technical assistance grants.

The conference agreement does not adopt House language setting aside $2,000,000 for loans to firms that market and process

biobased products.

The conference agreement adopts Senate language providing

for up to one percent of funds provided for water and waste disposal systems in Alaska for program administration and up to one

percent to improve interagency coordination.

The conference agreement adopts Senate language providing

$16,125,000 for technical assistance grants.

The conference agreement adopts Senate language setting

aside $34,704,000 for Rural Utility Services programs under the

Rural Economic Area Partnership Zones.

The conferees direct that of the funds provided for technical assistance for rural waste systems, $7,300,000 be designated for the

Rural Community Assistance Program.

The conference agreement includes language provided in title

VII to define the use of funds awarded under the Rural Community

Development Initiative.

The conferees direct the Department to give priority consideration to applications that will assist producers’ transition from tobacco to alternative crops, and to applications that will add value

to alternative crops within those states most dependent on tobacco

production.

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The conferees direct the Department to use RBOG funds for

the regional development activities of multi-jurisdictional planning

and development organizations serving general purpose units of

local government.

The conferees are aware of and encourage the Department to

consider applications from the City of Valdez to repair avalanche

damage to its water and sewer system through the Water and

Waste Disposal Loan and Grants program.

The following table indicates the distribution of funding for the

RCAP:

Water/Sewer ........................................................................................... $644,360,000

Community Facilities ............................................................................ 53,225,000

Business-Cooperative Development ..................................................... 64,957,000

Total ............................................................................................. 762,542,000

Earmarks:

Tech. Assist. (water/sewer) ............................................................ 16,215,000

Circuit Rider ................................................................................... 9,500,000

Native Americans ........................................................................... 24,000,000

Rural Community Development Initiative ................................... 6,000,000

RURAL DEVELOPMENT

SALARIES AND EXPENSES

The conference agreement provides $130,371,000 for Rural Development Salaries and Expenses as proposed by the Senate instead of $120,270,000 as proposed by the House.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

The conference agreement provides a total subsidy of

$254,640,000 for activities under the Rural Housing Insurance

Fund Program Account as proposed by the House instead of

$285,279,000 as proposed by the Senate. The conference agreement

provides for an estimated loan program level of $5,068,649,000 instead of $5,073,497,000 as proposed by the House and

$4,564,372,000 as proposed by the Senate.

The conference agreement adopts House language providing up

to $5,400,000 for a demonstration program in North Carolina on

the use of modular housing.

The conference agreement adopts Senate language providing

$13,832,000 for empowerment zones and enterprise communities

designated as Rural Economic Area Partnership Zones.

The conference agreement adopts Senate language providing

for a transfer of $409,233,000 to salaries and expenses.

The following table indicates loan and subsidy levels provided

in the conference agreement:

Rural Housing Insurance Fund Program Account:

Loan authorizations:

Single family (sec. 502) ........................................................... ($1,100,000,000)

Unsubsidized guaranteed ................................................ (3,700,000,000)

Housing repair (sec. 504) ........................................................ (32,396,000)

Rental housing (sec. 515) ........................................................ (114,321,000)

Multi-family housing guarantees (sec. 538) .......................... (100,000,000)

Site loans (sec. 524) ................................................................. (5,152,000)

Credit sales of acquired property ........................................... (11,780,000)

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Self-help housing land development fund ............................. (5,000,000)

Total, Loan authorizations .................................................. (5,068,649,000)

Loan subsidies:

Single family (sec. 502) ........................................................... 176,760,000

Unsubsidized guaranteed ................................................ 7,400,000

Housing repair (sec. 504) ........................................................ 11,481,000

Multi-family housing guarantees (sec. 538) .......................... 1,520,000

Rental housing (sec. 515) ........................................................ 56,326,000

Site loans (sec. 524) ................................................................. ———

Credit sales of acquired property ........................................... 874,000

Self-help housing land development fund ............................. 279,000

Total, Loan subsidies ........................................................... 254,640,000

RHIF administration expenses (transfer to RHS) .............................. 409,233,000

Total, Rural Housing Insurance Fund ...................................... 1,343,873,000

(Loan authorization) ................................................................ (5,068,649,000)

RENTAL ASSISTANCE PROGRAM

The conference agreement provides $680,000,000 for the Rental

Assistance Program as proposed by the Senate instead of

$655,900,000 as proposed by the House.

MUTUAL AND SELF-HELP HOUSING GRANTS

The conference agreement provides $34,000,000 for Mutual

and Self-Help Housing Grants as proposed by the Senate instead

of $28,000,000 as proposed by the House.

RURAL HOUSING ASSISTANCE GRANTS

The conference agreement provides $44,000,000 for Rural

Housing Assistance Grants as proposed by the Senate instead of

$39,000,000 as proposed by the House.

The conference agreement adopts Senate language setting

aside $5,000,000 for a housing demonstration program for workers

in the agriculture, aquaculture and seafood processing industries.

FARM LABOR PROGRAM ACCOUNT

The conference agreement provides $30,000,000 for the Farm

Labor Program Account as proposed by the House instead of

$28,750,000 as proposed by the Senate. The conference agreement

provides $15,000,000 for loan subsidies and $15,000,000 for grants.

The conference agreement does not adopt House language providing $3,000,000 for grants to migrant and seasonal farm workers.

RURAL BUSINESS-COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

The conference agreement adopts Senate language providing

for a transfer of $3,640,000 to salaries and expenses.

The conference agreement adopts Senate language setting

aside $2,036,000 for Federally Recognized Native American Tribes

and $4,072,000 for Mississippi Delta Region counties.

The conferees direct the Department to give priority consideration to applications that will assist producers’ transition from toVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00127 Fmt 6604 Sfmt 6601 E:\HR\OC\HR948.097 pfrm01 PsN: HR948
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bacco to alternative crops and to applications that will add value

to alternative crops within those states most dependent on tobacco

production.

RURAL COOPERATIVE DEVELOPMENT GRANTS

The conference agreement provides $6,500,000 for Rural Cooperative Development Grants as proposed by the House instead of

$6,000,000 as proposed by the Senate.

The conference agreement adopts House language providing

$2,000,000 for the appropriate technology transfer for rural areas

program.

The conference agreement adopts Senate language providing

not to exceed $1,500,000 for cooperatives or associations of cooperatives, whose primary focus is to provide assistance to small, minority producers.

The conference agreement does not provide for the requested

transfer of $2,000,000 from salaries and expenses to fund cooperative research agreements.

NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER REVOLVING FUND

The conference agreement does not provide $5,000,000 for the

National Sheep Industry Improvement Center Revolving Fund as

proposed by the House. The Senate bill provided no funds for this

program. This matter is addressed in title VII.

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

The conference agreement provides a total subsidy of

$40,374,000 for activities under the Rural Electrification and Telecommunications Loans Program Account as proposed by the Senate

instead of $33,270,000 as proposed by the House. The conference

agreement provides for an estimated loan program level of

$3,111,500,000 as proposed by the Senate instead of $2,040,000,000

as proposed by the House.

The conference agreement adopts Senate language providing

for a transfer of $34,716,000 to salaries and expenses.

The following table indicates loan and subsidy levels provided

in the conference agreement:

Rural Electrification and Telecommunications Loans Program Account:

Loan authorizations:

Electric:

Direct, 5 percent ............................................................... ($121,500,000)

Direct, Muni ..................................................................... (295,000,000)

Direct, FFB ....................................................................... (1,700,000,000)

Direct, Treasury rate ....................................................... (500,000,000)

Guaranteed .......................................................................

Subtotal ......................................................................... (2,616,500,000)

Telecommunications:

Direct, (5 percent) ............................................................ (75,000,000)

Direct, Treasury rate ....................................................... (300,000,000)

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Direct, FFB ....................................................................... (120,000,000)

Subtotal ......................................................................... (495,000,000)

Total, loan authorizations ............................................ (3,111,500,000)

Loan subsidies:

Electric:

Direct, 5 percent ............................................................... 12,101,000

Direct, Muni ..................................................................... 20,503,000

Direct, FFB ....................................................................... (1)

Direct, Treasury rate ....................................................... (1)

Guaranteed .......................................................................

Subtotal ......................................................................... 32,604,000

Telecommunications:

Direct, 5 percent ............................................................... 7,770,000

Direct, Treasury rate .......................................................

Direct, FFB ....................................................................... (1)

(1)

Subtotal ......................................................................... 7,770,000

Total, loan subsidies ........................................................ 40,374,000

RETLP administrative expenses (transfer to RUS) ............................ 34,716,000

Total, Rural Electrification and Telecommunications Loans Program Account ...................................................................................... 75,090,000

(Loan authorization) .............................................................................. (3,111,500,000)

1 Negative subsidy rates for fiscal year 2001 are calculated for these programs.

RURAL TELEPHONE BANK PROGRAM ACCOUNT

The conference agreement adopts House language including

audits under ‘‘administrative expenses.’’

DISTANCE LEARNING AND TELEMEDICINE PROGRAM

The conference agreement provides $27,000,000 for the Distance Learning and Telemedicine Program as proposed by the Senate instead of $19,500,000 as proposed by the House.

The conference agreement adopts Senate language setting

aside $2,000,000 for a pilot program to finance broadband transmission and local dial-up service in rural areas as proposed by the

Senate instead of $1,400,000 as proposed by the House.

The conferees direct the Department to maintain the current

level of funding for grants to rural entities to promote employment

of rural residents through teleworking.

TITLE IV—DOMESTIC FOOD PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

The conference agreement provides $570,000 for the Office of

the Under Secretary for Food, Nutrition and Consumer Services as

proposed by the Senate instead of $554,000 as proposed by the

House.

The conferees want to ensure that farmers participating in the

WIC Farmers Market Nutrition Program (FMNP) and the Food

Stamp Program (FSP) are able to participate through electronic

benefit transfer (EBT) systems. The conferees note that USDA has

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established the technical feasibility of wireless and other innovative EBT systems for farmers markets, rural route vendors, and

other ‘‘non-traditional’’ vendors operating without access to standard telephone and electricity service.

The conferees urge the Department to use funds designated for

the development of WIC EBT systems to support state initiatives

to implement wireless and other innovative EBT solutions for farmers and farmers markets participating in the WIC FMNP and the

FSP to enable them to continue participating in these programs.

Nutrition monitoring activities are vital to shaping policies for

food safety, child nutrition, food assistance, and dietary guidance.

Integration of these activities must ensure that: (1) the quality of

the dietary data collected is not diminished; (2) survey methods

capture statistically valid intakes of various population groups, especially at-risk groups, and are continually updated to account for

changes in dietary patterns and new food technologies; (3) the

needs of the many users of these important data are met; and (4)

data are made available in a timely manner. The conferees direct

the USDA, in consultation with the Department of Health and

Human Services, to prepare and submit a report to the House and

Senate Committees on Appropriations, by December 31, 2000, that

describes the process for integrating the National Health and Nutrition Examination Survey (NHANES) and the Continuing Survey

of Food Intakes by Individuals (CSFII). The report should: (1) include a timeline and steps to accomplish the goals set forth in the

National Nutrition Monitoring and Related Research Act of 1990;

(2) be prepared in consultation with representatives of user groups

(i.e., anti-hunger groups, consumer advocates, commodity organizations, food producers, nutrition professionals, and public and voluntary health organizations); (3) address the strengths and potential weaknesses of merging the two surveys and identify how problems will be addressed and by whom; (4) identify funding needs

and sources; and (5) include recommendations for inclusion in reauthorization of the National Nutrition Monitoring and Related Research Act.

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

The conference agreement provides a total of $9,541,539,000

for Child Nutrition Programs as proposed by the Senate instead of

$9,535,039,000 as proposed by the House. Included in this amount

is an appropriated amount of $4,413,960,000, a transfer from section 32 of $5,127,579,000, $6,000,000 for the school breakfast demonstration project as proposed by the Senate, and $500,000 for a

school breakfast pilot project.

The conference agreement provides the following for Child Nutrition programs:

Total Obligational Authority

Child Nutrition Programs:

School lunch program ..................................................................... $5,387,523,000

School breakfast program .............................................................. 1,495,684,000

Child and adult care food program ............................................... 1,807,435,000

Summer food service program ....................................................... 323,499,000

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Total Obligational Authority—Continued

Special milk program ..................................................................... 16,843,000

State administrative expenses ....................................................... 127,321,000

Commodity procurement and support .......................................... 360,223,000

School meals initiative/Team nutrition ........................................ 10,000,000

School breakfast demonstration project ........................................ 6,000,000

Coordinated review effort .............................................................. 4,511,000

Food safety education ..................................................................... 2,000,000

School breakfast pilot project ........................................................ 500,000

Total ............................................................................................. 9,541,539,000

The conference agreement includes $500,000 for school breakfast startup grants in Wisconsin. The conferees are aware of an effort initiated and funded by the State of Wisconsin to enhance participation in the school breakfast program and the Department is

directed to make available grants to currently non-participating

schools in a manner consistent with that program.

The conferees are aware that the Department has recently

issued a final rule regarding the use of alternate protein products

in the Child Nutrition Programs. The conferees urge the Department to work with interested organizations to ensure that fortification, name and labeling requirements are sufficient to protect the

health, growth, and nutritional well-being of America’s school children. The conferees believe that any new requirements for fortification of these protein products should be based on the USDA guidelines that set levels for nutrient fortification of soy-containing foods

used in the child nutrition programs. In addition, the conferees encourage that any recommended labeling requirements be consistent

with similar guidelines of other Departmental agencies and the

Food and Drug Administration.

The conferees recognize the longstanding, high level of expertise in the Food and Nutrition Service in the administration of

school lunch programs, and encourage the Secretary to take advantage of this expertise by utilizing Food and Nutrition Service staff

in any efforts to help other nations establish such programs.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

The conference agreement provides $4,052,000,000 for the Special Supplemental Nutrition Program for Women, Infants, and

Children (WIC) as proposed by the Senate, instead of

$4,067,000,000 as proposed by the House. The conference agreement provides sufficient funding to support an average of at least

7.4 million monthly participants in the WIC program, an increase

from the projected fiscal year 2000 average monthly participation

level of 7.2 million.

The conference agreement provides that the Secretary shall obligate $10,000,000 for the farmers’ market nutrition program within 45 days of enactment of this Act, and that the Secretary shall

obligate an additional $10,000,000 for this program from funds not

needed to meet program participation requirements.

The conference agreement does not include a provision that allows fiscal year 2000 WIC carryover funds to be transferred to

other nutrition programs as proposed by the House.

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The conference agreement includes a provision that WIC funds

shall be made available for sites participating in the WIC program

to determine whether a child eligible to participate has received an

appropriate blood lead screening test upon the enrollment of the

child in the WIC program as proposed by the Senate.

It is not the intent of this conference agreement to detrimentally affect religious beliefs or practices. Nothing in this agreement

is intended to preclude a child’s participation in the Special Supplemental Nutrition Program for Women, Infants, and Children if a

parent objects to his or her child receiving a lead poisoning screening test because such a test would be inconsistent with his or her

religious beliefs and practices. Accommodation of religious beliefs

and practices shall have no impact whatsoever on the level of funds

made available for each site participating in the WIC program.

The conference agreement directs the USDA to release a final

rule on WIC delivery systems no later than 90 days after enactment of this Act.

The conferees are aware that the Department is considering

changes in the food package to the WIC program. One of those proposals involves the potential exceptions to the current sugar cap for

the WIC food package. The sugar cap is an issue that has been

studied many times, always with the same conclusion. The consensus from the studies, nutritionists, State WIC directors, sugar

commodity associations, and dentists is that no exceptions to the

sugar cap should be made. Accordingly, the conferees direct that

the Department make no exceptions to the sugar cap. The conferees further direct that no USDA funds be used to investigate

this issue further.

FOOD STAMP PROGRAM

The conference agreement provides $20,114,293,000 for the

food stamp program instead of $21,221,293,000 as proposed by the

Senate and $21,231,993,000 as proposed by the House. Included in

this amount is $18,613,293,000 for expenses instead of

$19,720,293,000 as proposed by the Senate and $19,730,993,000 as

proposed by the House. The recommendation makes a downward

adjustment of $1,107,000,000, as reflected in OMB’s Mid-Session

Review.

The conference agreement does not include Senate language

providing for an additional amount, not to exceed $7,300,000, for

bison purchases for the Food Distribution Program on Indian Reservations (FDPIR). The conferees encourage the Department to

continue and increase, to the extent practicable, purchases of bison

for FDPIR and to use every opportunity to acquire purchases from

Native American producer and cooperative organizations. The Department should also review program infrastructure needs, including refrigeration, and use program funds, as necessary, to meet existing requirements.

The conferees recognize the severe health problems facing Native Americans, including diabetes and heart disease. The conferees

expect the Secretary to purchase bison meat for the FDPIR to promote health benefits in the Native American population.

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COMMODITY ASSISTANCE PROGRAM

The conference agreement provides $140,300,000 for the Commodity Assistance Program as proposed by the Senate instead of

$138,300,000 as proposed by the House. Included in the amount is

$45,000,000 for administration of TEFAP, and $98,300,000 for the

Commodity Supplemental Food Program.

The conference agreement includes language that provides $20,781,000 of this appropriation shall be available for administrative expenses of the Commodity Supplemental Food Program.

The conferees are aware of the interest in restoring the income

eligibility guideline for senior citizens under the Commodity Supplemental Food Program to 185% of poverty, the same as that used

for mothers, infants, and children. The Secretary is encouraged to

give positive consideration to this proposal.

FOOD DONATIONS PROGRAM

The conference agreement provides $151,081,000 for the Food Donations Program instead of $161,081,000 as proposed by the

House and $141,081,000 as proposed by the Senate. Included in

this amount is $150,000,000 for the Elderly Feeding Program.

FOOD PROGRAM ADMINISTRATION

The conference agreement provides $116,807,000 for Food Program Administration as proposed by the Senate instead of

$116,392,000 as proposed by the House. Included in this amount is

not less than $4,500,000 to improve integrity in the Food Stamp

Program and Child Nutrition Program as proposed by the Senate

instead of not less than $3,000,000 as proposed by the House.

The conference agreement does not include funds for the

Colonias program. The conferees note that over $300,000,000 is estimated to be spent on nutrition education, promotion, and information through USDA’s feeding programs. The conferees urge the

Department to target funding from these nutrition education, promotion and information programs to the Colonias in the southwestern United States.

TITLE V—FOREIGN ASSISTANCE AND RELATED PROGRAMS

FOREIGN AGRICULTURAL SERVICE

The conference agreement provides $115,424,000 for the Foreign Agricultural Service instead of $113,424,000 as proposed by

the Senate and $109,186,000 as proposed by the House. The conference agreement includes $3,120,000 for mandatory pay cost increases and $618,000 for the Foreign Agricultural Service attache ́

office in the American Institute in Taiwan.

The conference agreement provides $4,000,000 for the Cochran

Fellowship Program and encourages the Secretary to continue to

provide additional support for the program through the CCC

Emerging Markets Program at the fiscal year 1999 level.

The conference agreement includes $2,000,000 for the Foreign

Agricultural Service to administer and oversee emergency and

other international food assistance. The Service is expected to undertake activities in support of monetization where there is the

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highest potential for promoting and enhancing economic growth

and development in recipient countries. Further, the Service is directed to specifically expand its presence in Ukraine where there

is a strong potential for expansion, and Bulgaria, where there is a

need for more adequate administration and monitoring of USDA

programs due to the sharp increase in USDA food aid programs in

the Balkans. The conferees believe these funds will help build

strong U.S. partnerships with emerging economies and enhance exports to develop long-term markets for U.S. agricultural inputs and

products.

The conferees direct the Department to provide a quarterly report to the Subcommittees on Agriculture of the House and Senate

Appropriations Committees detailing the volume of agricultural imports from and exports to China by commodity.

The conferees understand that there may be the opportunity to

resume food assistance to Ukraine in the coming year. The Secretary is encouraged to pursue responsible opportunities for restoring appropriate levels of assistance for this nation, including opportunities for collaborative programs involving research, extension,

micro-credit, and business development opportunities. The Secretary is directed to require that any agreement be transparent,

subject to monitoring, and to report to the Committees all steps

taken to achieve these requirements before finalizing any agreement.

PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

The conferees encourage the Department of Agriculture to provide concessional financing through the P.L. 480 title I program to

private entities as authorized in P.L. 104–27, the Federal Agriculture Improvement and Reform Act of 1996.

PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

The conference agreement adopts Senate bill language requiring prior notice to the Committees on Appropriations for transfers

of funds between title I agreements and title I ocean freight differential.

PUBLIC LAW 480—TITLE II GRANTS

The conference agreement provides $837,000,000 for Public

Law 480 title II as proposed by the Senate instead of $770,000,000

as proposed by the House.

The conference agreement does not adopt House bill language

providing for transfer of up to 15 percent of title II funds to title

III. The conferees note that this provision exists in current law.

The conference agreement does not adopt House bill language

providing $1,850,000 for use by the United States Agency for International Development for administrative expenses to carry out title

II.

The conferees are aware that loss of commodities under the

Public Law 480 food program often occurs as a result of package

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lem, explore using alternative containers, and to meet regularly

with members of private voluntary organizations, the industry,

shippers, and millers, to continue to improve the quality of food

aid, in terms of its packaging, nutritional content, and other quality aspects.

The following table reflects the conference agreement for Public Law 480 program accounts:

Public Law 480 Program and Grant Accounts:

Title I—Credit Sales:

Program level ................................................................... ($180,000,000)

Direct loans ....................................................................... 159,678,000

Ocean freight differential ................................................ 20,322,000

Title II—Commodities for disposition abroad:

Program level ................................................................... (837,000,000)

Appropriation ................................................................... 837,000,000

Loan subsidies ......................................................................... 114,186,000

Salaries and expenses:

General Sales Manager (transfer to FAS) ...................... 1,035,000

Farm Service Agency (transfer to FSA) ......................... 815,000

Subtotal ......................................................................... 1,850,000

Total, Public Law 480:

Program level ................................................................... (1,017,000,000)

Appropriation ................................................................... 973,358,000

TITLE VI—RELATED AGENCIES AND FOOD AND DRUG

ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides total appropriations, including Prescription Drug User Fee Act collections, of

$1,217,797,000 for the salaries and expenses of the Food and Drug

Administration, instead of $1,240,178,000 as proposed by the

House and $1,216,796,000 as proposed by the Senate, and provides

specific amounts by FDA activity as proposed by the Senate.

The conference agreement does not include a rescission of

$27,000,000 as proposed by the House. The conference agreement

does not include the subheading ‘‘(Including Rescission)’’ as proposed by the House.

The conferees adopt the title VI subheading as proposed by the

Senate. The House version differed technically.

The conference agreement does not include a proviso that

$3,000,000 may be for activities carried out with regard to new animal drugs, as proposed by the House. However, the conference

agreement provides an increase of $3,000,000 for work done within

the Center for Veterinary Medicine on antimicrobial resistance.

The Senate had no similar provision.

The conference agreement does not include a proviso that, in

addition to amounts provided, $6,000,000 shall be made available

for food safety activities, as proposed by the Senate. The conference

agreement provides the full increase requested for the Food Safety

Initiative, $30,000,000, as proposed by the House.

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The conference agreement provides that fees derived from applications received during fiscal year 2001 shall be subject to the

fiscal year 2001 limitation as proposed by the Senate. The House

had no similar provision.

The conference agreement provides the full funding increases

from the fiscal year 2000 levels requested in the President’s fiscal

year 2001 budget for the following activities: $30,000,000 for food

safety initiatives; $22,879,000 for premarket review; and

$4,783,000 for payments to the General Services Administration for

rent and related activities. For other increases requested in the

President’s fiscal year 2001 budget, the conferees provide the following: $9,000,000 for inspections; $5,000,000 for enforcement of

Internet drug sales; $5,000,000 for counter-bioterrorism activities;

and $6,800,000 for improvements to FDA’s current system of postapproval surveillance to identify adverse events associated with

products on the market, subject to existing information confidentiality restrictions.

In addition, the conference agreement provides increases from

the fiscal year 2000 levels of $1,000,000 for dietary supplements

and $1,000,000 for orphan product grants, as recommended by the

Senate; and $1,200,000 for the Office of Generic Drugs to reduce

generic drug application review and approval times.

Fiscal year 2000 funds appropriated, but no longer required,

for FDA tobacco activities have been made available to cover the

$5,000,000 included in the fiscal year 2001 budget request for costs

associated with the relocation of the Center for Food Safety and

Applied Nutrition to College Park, MD; $21,800,000 included in the

fiscal year 2001 budget request for one-time contracts and equipment purchases; and $1,500,000, as recommended by the House,

for information technology upgrades for the Office of Generic

Drugs. Funding for these one-time cost requirements is not included in the fiscal year 2001 level provided.

The conferees direct that FDA provide $1,500,000 from sums

provided for food safety for a contract with New Mexico State University’s Physical Science Laboratory to establish an agricultural

products testing laboratory in Dona Ana County, New Mexico. The

laboratory will conduct rapid screening analyses of fresh fruits and

vegetables (imported and domestic) for microbiological contamination of products in the Texas, New Mexico, Arizona area. The laboratory will augment FDA’s capabilities and facilitate rapid testing

of these perishable products. The conference language replaces

similar language in the House report. The Senate had no similar

language.

The conferees expect FDA to make final the regulations regarding labeling of irradiated foods by March 1, 2002, and report

to the House and Senate Committees on Appropriations on the status by November 15, 2000. This agreement changes the dates proposed for final regulations by the House of September 30, 2001,

and by the Senate of October 30, 2001.

The conference agreement does not include House language on

treatment of biologic drugs versus that of chemically-based drugs,

as related to orphan drug alternatives. Recognizing that the House

authorizing committee has recently resumed consideration of this

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issue, the conferees defer to that action in lieu of that recommended by the House. The Senate had no similar language.

It has been brought to the conferees’ attention that makers of

electronic facial toning appliances have been informed by the FDA

that their products may be ‘‘medical devices’’ under the law. The

conferees encourage the FDA to consider the companies’ claims

that products are purely cosmetic and not ‘‘intended to affect the

structure or any function of the body.’’ Nothing in this conference

report language should be taken to diminish or attempt to diminish

the responsibility under law for the FDA to continue to protect

American consumers. FDA will report to the Appropriations Committees of the House and Senate on their findings.

BUILDINGS AND FACILITIES

The conference agreement provides $31,350,000 for Food and

Drug Administration Buildings and Facilities as proposed by the

Senate instead of $11,350,000 as proposed by the House.

INDEPENDENT AGENCIES

COMMODITY FUTURES TRADING COMMISSION

The conference agreement provides $68,000,000 for the Commodity Futures Trading Commission instead of $69,000,000 as proposed by the House and $67,100,000 as proposed by the Senate.

The conference agreement adopts Senate language providing

not to exceed $1,000 for official reception and representation expenses instead of not to exceed $2,000 as proposed by the House.

The conference agreement does not adopt a House provision

providing authority to charge reasonable fees to cover the costs of

Commission-sponsored events and activities. The conferees note

that this authority exists in permanent law.

TITLE VII—GENERAL PROVISIONS

House and Senate Section 701.—The conference agreement

(Section 701) makes funds available for the purchase of passenger

motor vehicles in fiscal year 2001 as proposed by the Senate instead of in the ‘‘current fiscal year’’ as proposed by the House.

House and Senate Section 704.—The conference agreement includes language (Section 704) that provides that the Secretary of

Agriculture may transfer unobligated balances of the USDA to the

Working Capital fund for the acquisition of plant and capital equipment of primary benefit to USDA with prior approval from the

agency administrator and the Committees on Appropriations.

House and Senate Section 705.—The conference agreement includes language (Section 705) allowing certain funds to remain

available until expended.

House Section 709.—The conference agreement does not include a provision as proposed by the House making commodities

available to individuals in cases of hardship. The Secretary of Agriculture has this authority.

House Section 713 and Senate Section 712.—The conference

agreement includes language (Section 712) that makes funds available for the cost of loans for fiscal year 2001 as proposed by the

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Senate instead of ‘‘in the current fiscal year’’ as proposed by the

House.

House Section 714.—The conference agreement does not include a provision that sums as may be necessary for current fiscal

year pay raises shall be absorbed within levels appropriated by this

Act as proposed by the House.

House Section 716 and Senate Section 714.—The conference

agreement includes permanent language (Section 714) allowing the

use of cooperative agreements.

House Section 718 and Senate Section 716.—The conference

agreement includes language (Section 716) that provides

$1,800,000 for expenses for advisory committees as proposed by the

Senate instead of $1,500,000 as proposed by the House.

House Section 723 and Senate Section 721.—The conference

agreement includes language (Section 721) that provides for reprogramming procedures in fiscal year 2001.

House Section 724 and Senate Section 722.—The conference

agreement includes language (Section 722) regarding limitations on

the Fund for Rural America.

House Section 726.—The conference agreement does not contain a limitation on AMTA contract payments for wild rice as proposed by the House. Public Law 106–78 made this provision permanent.

House Section 727 and Senate Section 724.—The conference

agreement includes language (Section 724) regarding limitations on

the Initiative for Future Agriculture and Food Systems.

House Section 728 and Senate Section 725.—The conference

agreement makes permanent a provision (Section 725) regarding

participation by farmer-owned cooperatives in commodity purchase

programs.

Senate Section 727.—The conference agreement includes language (Section 727) that prohibits the use of funds to close or relocate certain FDA offices in St. Louis, Missouri.

Senate Section 728.—The conference agreement includes language (Section 728) prohibiting the use of funds to reduce staff levels at certain FDA offices in Detroit, Michigan.

House Section 730 and Senate Section 729.—The conference

agreement includes language (Section 729) to permanently (1)

allow the Agricultural Marketing Service to utilize advertising in

conducting consumer education activities, and (2) prohibit the use

of funds to carry out certain activities unless the Secretary of Agriculture inspects and certifies agricultural processing equipment

and imposes a fee for those activities.

House Section 731 and Senate Section 730.—The conference

agreement includes language (Section 730) regarding budget submission requirements related to user fees proposals prior to the

date of conference for the fiscal year 2002 appropriations Act.

House Section 732 and Senate Section 731.—The conference

agreement includes language (Section 731) that none of the funds

appropriated by this Act shall be used to establish an Office of

Community Food Security or any similar office within the USDA

without prior approval of the Committees on Appropriations of the

House and the Senate.

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House Section 734.—The conference agreement (Section 733)

prohibits the use of funds for certain activities implementing the

Kyoto Protocol.

Senate Section 733.—The conference agreement (Section 734)

prohibits the use of funds to transfer or convey federal lands and

facilities at Fort Reno, OK, without the specific authorization of

Congress.

Senate Section 734.—The conference agreement (Section 735)

prohibits the use of funds for the implementation of a Support

Services Bureau or similar organization.

House Section 735.—The conference agreement does not include language regarding karnal bunt.

Senate Section 735.—The conference agreement (Section 736)

contains a provision that raises income eligibility levels for rural

development programs.

House Section 736.—The conference agreement (Section 737)

makes Lloyd, New York, and Thompson, New York, eligible for certain loans and grants.

Senate Section 736.—The conference agreement (Section 738)

contains a permanent provision that disallows the sale or disposal

of housing purchased in a foreign country for the agricultural

attache ́, without the approval of the FAS.

House Section 737.—The conference agreement includes language (Section 739) making permanent a provision that the fee collected by the Secretary of Agriculture for a guaranteed loan may

be in an amount equal to not more than 2 percent of the principal

obligation of the loan.

House Section 738 and Senate Section 737.—The conference

agreement includes language (Section 740) that allows the Secretary to use funds to employ individuals to perform services outside the U.S. as determined to be necessary to carry out programs

and activities abroad through the use of Personal Service Agreements.

Senate Section 738.—The conference agreement includes language (Section 741) that prohibits the use of funds to close or relocate a state rural development office until/unless cost effectiveness

and enhanced program delivery has been determined.

House Section 739.—The conference agreement includes language (Section 742) that extends the dairy price support program

and delays the dairy recourse loan program.

Senate Section 739.—The conference agreement includes language (Section 743) that directs that not more than $25,000,000

worth of commodities made available under the section 416(b) program shall be made available to foreign countries to assist in mitigating the effects of HIV/AIDS.

House Section 740.—The conference agreement (Section 744)

provides $2,000,000 for hunger fellowships.

Senate Section 740.—The conference agreement (Section 745)

includes the ‘‘Medicine Equity and Drug Safety Act of 2000’’ and

the ‘‘Prescription Drug Import Fairness Act of 2000’’ (Section 746).

House Section 741.—The conference agreement provides language (Section 747) regarding loans in Arkansas.

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Senate Section 741.—The conference agreement includes language (Section 748) that amends the Organic Act of 1990 to allow

sulfites in the production of wine.

House Section 742.—The conference agreement includes language (Section 749) regarding the Friends of the National Arboretum.

Senate Section 742.—The conference agreement includes language (Section 750) that prohibits the use of funds to discontinue

use of FINPACK in the Farm Service Agency (FSA) offices for six

months from the date of enactment. The conferees expect the FSA

to provide for a smooth and orderly transition to a common computing environment in USDA field service centers. The transition

should provide the capability of FSA computer programs to interface with any commercial off-the-shelf software, including

FINPACK, that may be used by clients or lending institutions.

House Section 743.—The conference agreement does not include language regarding compensation for the value of lost production due to citrus canker.

Senate Section 743.—The conference agreement (Section 751)

makes permanent a provision that any borrower whose income

does not exceed 115 percent of the median family income of the

U.S. shall be eligible for section 502 housing.

House Section 744.—The conference agreement does not include language regarding alternative protein products.

Senate Section 744.—The conference agreement does not include Sense of the Senate language regarding victims of domestic

violence. However, the conferees do agree that to the extent practicable, USDA’s Rural Housing Service should work with other

public agencies and organizations to provide transitional housing

for individuals and families who are homeless as a result of domestic violence.

House Section 745.—The conference agreement includes language (Section 752) that makes ratites and squab slaughtered for

human consumption subject to the Poultry Products Inspection Act.

Senate Section 745.—The conference agreement does not include language that prohibits the use of funds to change natural

cheese standards. The conferees are aware of technological changes

relating to cheese processing and the potential economic and structural changes that might result within the dairy industry. The conferees are also aware of a request recently submitted to the General Accounting Office for a report on this subject and concur that

such a request is consistent with that part of Senate Section 745

which requires a study on this subject.

House Section 746.—The conference agreement does not include language regarding previously appropriated funds to compensate nursery stock producers for losses caused by Hurricane

Irene.

Senate Section 746.—The conference agreement does not include language regarding the import of Argentine citrus.

House Section 747.—The conference agreement includes language (Section 753) providing guidance for developing the prevention standards for Salmonella Enteritidis.

The conferees share the commitment to egg safety evidenced

by the Action Plan to Eliminate Salmonella Enteritidis Illnesses

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Due to Eggs published on December 10, 1999. The conferees support FDA’s current thinking paper on national standards for egg

safety dated July 31, 2000. In preparing the regulations to implement the plan, the conferees expect the government agencies to: (1)

coordinate federal and state programs to efficiently and effectively

implement the standards; (2) consider egg labeling which is consistent with the existing safe handling instructions associated with

meat and poultry; (3) consider effective administrative and management practices to ensure consistent nationwide enforcement and

implementation of the standards, including (a) cleaning and disinfection, (b) rodent and pest elimination, (c) proper egg washing,

(d) biosecurity, (e) refrigeration, (f) testing and verification, and (g)

vaccination; (4) consider the appropriate utilization of existing federal, state, or local government agencies currently charged with

poultry or egg safety responsibilities (including such aspects of

grading as are related to egg safety), in implementing the regulations; (5) conduct traceback procedures in a consistent manner and

make such procedures accessible to the public, and employ appropriate inspectional and testing protocols to determine the source of

contamination; and (6) consider, as appropriate, the provisions of

existing national and state quality assurance programs in establishing regulations that are practical, achievable and cost-effective

in accordance with the risk posed to U.S. consumers.

Senate Section 747.—The conference agreement does not include language regarding the Dairy Export Incentive Program. The

conferees are concerned that awards for U.S. dairy products under

the Dairy Export Incentive Program have not been shipped and the

Department has been reluctant to reallocate these amounts for

other awards. The conferees direct the Secretary to provide information to the Committees no later than November 1, 2000, relating

to a justification for this reluctance, including supporting documentation.

House Section 748.—The conference agreement does not include language regarding loans to poultry farmers.

Senate Section 748.—The conference agreement does not include language that reauthorizes State agricultural mediation programs through 2005. The conference agreement provides annual

funding for the program in the appropriate section of the bill.

House Section 749.—The conference agreement includes language (Section 754) extending the time to compensate cotton producers/ginners/others in Georgia.

Senate Section 749.—The conference agreement includes language (Section 755) that adds a section to the Food Security Act

of 1985 to make provisions for Good Faith Reliance when the

owner/operator is attempting to comply with terms of the contract

and enrollment requirements.

House Section 750.—The conference agreement does not include language providing emergency funds for market/quality loss

payments for apples and potatoes.

Senate Section 750.—The conference agreement does not include language regarding data collected on imported herbs. The

conferees do expect the Secretary of Agriculture to cooperate with

the Secretary of the Treasury to establish a framework within

which the publication of data regarding herb imports (including

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through electronic media) may be made available to the public on

a monthly basis.

House Section 751.—The conference agreement does not include language exempting oyster fishermen from repaying emergency payments issued erroneously in the State of Connecticut.

House Section 752.—The conference agreement does not include language urging the Secretary of Agriculture to use alternative fuels in meeting the fuel needs of the USDA. This matter

is addressed under the Office of the Secretary.

House Section 753.—The conference agreement does not include language regarding reimportation of prescription drugs. This

matter is addressed under Sections 745 and 746.

House Section 754.—The conference agreement does not include language regarding reimportation of prescription drugs. This

matter is addressed under Sections 745 and 746.

Section 756.—The conference agreement includes language

that amends Section 375(e)(6)(B) of the Consolidated Farm and

Rural Development Act.

Section 757.—The conference agreement includes language

that allows the USDA to retain refunds and rebates from credit

card services.

Section 758.—The conference agreement includes a technical

correction to the Act of August 19, 1958, to permit section 416(b)

food aid programs to operate more efficiently.

Section 759.—The conference agreement includes language

that allows Sea Island Health Clinic on Johns Island, South Carolina, to remain eligible for Rural Development community facilities

programs.

Section 760.—The conference agreement includes language

making certain areas of Dade County, Florida, eligible for business

and industry loans.

Section 761.—The conference agreement includes language

designating the City of Kewanee and the City of Jacksonville, Illinois, as meeting the requirements of a rural area contained in section 520 of the Housing Act of 1949 permanently.

Section 762.—The conference agreement includes language directing the Chief of the Natural Resources Conservation Service to

settle claims associated with the Chuquatonchee Watershed Project

in Mississippi from existing funds.

Section 763.—The conference agreement includes language

making the Konocti Water District, California, eligible for grants

and loans administered by the Rural Utilities Service during fiscal

year 2001.

Section 764.—The conference agreement includes language

designating Jefferson County, Kentucky, as a rural area for purposes of the business and industry direct and guaranteed loan program during fiscal year 2001.

Section 765.—The conference agreement includes language authorizing the conveyance of a small parcel of land associated with

the Beltsville Agricultural Research Center within the Sunnyside

Subdivision of Prince George’s County, Maryland.

Section 766.—The conference agreement designates up to

$500,000 of the funds provided to carry out section 211(a) of the

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Agricultural Risk Protection Act of 2000 to be used solely for the

State of California.

Section 767.—The conference agreement provides for a wildlife

services program for injurious animal species.

Section 768.—The conference agreement amends section 412

(d) of the Agricultural Trade Development and Assistance Act of

1954 for dairy value products.

Section 769.—The conference agreement makes the City of

Coachella, California, eligible for grants and loans administered by

the Rural Development mission areas of USDA for fiscal year 2001.

Section 770.—The conference agreement designates the City of

Vicksburg, Mississippi, as meeting the requirements of a rural area

in section 520 of the Housing Act of 1949.

Section 771.—The conference agreement provides language instructing the Administrator of the Rural Utilities Service to use the

authorities of the Rural Electrification Act of 1936 to finance the

acquisition of electricity in predominantly rural areas.

Section 772.—The conference agreement includes language

(Section 772) prohibiting the use of funds to promulgate a final rule

to change the definition of ‘‘animal’’ pursuant to the Animal Welfare Act.

Section 773.—The conference agreement includes language

(Section 773) adding ‘‘Indian tribes’’ to the Consolidated Farmers

Home Administration Act of 1961.

Section 774.—The conference agreement includes language

(Section 774) making technical corrections to P.L. 106–246.

Section 775.—The conference agreement includes language

(Section 775) modifying the term ‘‘agricultural commodity’’ for the

purposes of administering Title IX of this Act.

Section 776.—The conference agreement includes language

(Section 776) regarding Hamilton Grange.

Section 777.—The conference agreement includes language

(Section 777) regarding ‘‘Fallen Timbers Battlefield and Fort Miamis National Historic Site.’’

TITLE VIII

NATURAL DISASTER ASSISTANCE AND OTHER EMERGENCY

APPROPRIATIONS, DEPARTMENT OF AGRICULTURE

The conference agreement includes a new title to provide emergency assistance for agricultural losses of crop production and quality related to natural disasters, conservation needs, market-related

problems, relief to rural communities across America and certain

USDA administrative requirements. Emergency agricultural assistance was previously included in H.R. 3908, as passed by the House

of Representatives on March 30, 2000; H.R. 4461, as passed by the

Senate on July 20, 2000; and Public Law 106–246, enacted on July

13, 2000. Items included in H.R. 3908 and H.R. 4461, not previously resolved in P.L. 106–246, were given consideration for inclusion in this conference report.

A number of accounts are included in this conference report

which respond to the severe wildfires that have occurred in many

states such as Montana and Idaho. The Emergency Conservation

Program, Emergency Watershed Program, Livestock Assistance

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Program (including the American Indian Emergency Feed Assistance Program), Livestock Indemnity Program, and programs within

the USDA rural development mission area receive funding in the

conference report which will assist in the response and recovery of

these affected lands, farming and ranching operations, and rural

communities.

OFFICE OF THE SECRETARY OF AGRICULTURE

Bovine tuberculosis—The conferees expect the Secretary to use

all existing authority for the implementation of a program that will

prevent and eradicate bovine tuberculosis in Texas, Michigan, and

other affected States, to reduce the monetary loss associated with

bovine tuberculosis affecting cattle producers. The conferees recognize the importance of this program, and of the complete eradication of bovine tuberculosis. The conferees believe the program

should include payments to producers who suffer livestock losses.

The conferees direct the Secretary of Agriculture, in consultation

with the affected States, to ensure the program shall be administered in such a manner that will reduce the Federal financial burden resulting from the payments made to the producers.

OFFICE OF THE CHIEF INFORMATION OFFICER

COMMON COMPUTING ENVIRONMENT

The conference agreement provides $19,500,000, to remain

available until expended, for information technology tools needed to

develop and implement a common computing environment in

USDA field office service centers.

DEPARTMENTAL ADMINISTRATION

The conference agreement provides $200,000 for activities related to rural business entities.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

The conference agreement does not include $7,140,000 to contain and control Pierce’s disease as proposed by the House in H.R.

3908. The conferees note that USDA has received emergency funds

from the Commodity Credit Corporation for applied research, eradication, and control of Pierce’s Disease.

The conference agreement addresses funding for boll weevil

eradication in title I of this Act.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

The conference agreement includes $50,000,000, to remain

available until expended, for administrative expenses associated

with administering provisions of this title.

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EMERGENCY CONSERVATION PROGRAM

The conference agreement provides $80,000,000, to remain

available until expended, for natural disasters. The conferees intend this funding to address damages incurred on crop lands as a

result of the summer fires and drought conditions in certain regions of the country as well as other natural disasters. The conferees further intend for the funding to address the replacement of

fences destroyed by the fires.

The conference agreement does not include language to allow

the Secretary of Agriculture to use unobligated balances available

in the ECP to repair farm buildings and equipment, as proposed

by the House in H.R. 3908.

FEDERAL CROP INSURANCE CORPORATION FUND

The conference agreement provides an additional $13,000,000

to provide premium discounts to purchasers of crop insurance reinsured by the Corporation as proposed by the House in H.R. 3908

and the Senate.

NATURAL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

The conference agreement provides an additional $110,000,000,

to remain available until expended, for watershed and flood prevention operations to reduce hazards to life and property in watersheds damaged by natural disasters. The Natural Resource Conservation Service will provide financial and technical assistance to

help repair damage to rivers, streams, reservoirs, and other waterways including: $3,300,000 for the Kuhn Bayou Project in Arkansas; $10,000,000 for the Chino Dairy Preserve in California;

$4,000,000 for the Snake River Project in Minnesota; $1,100,000 for

DuPage County, Illinois; $8,000,000 for emergency dam rehabilitation projects in Mississippi, Wisconsin, Ohio, and New Mexico;

$4,500,000 for Long Park Dam, Utah; $500,000 for floods in Wisconsin; $2,000,000 for the Lower James River in South Dakota; and

$2,000,000 to replace, repair, and improve snow telemetry equipment impacted by fire, winds, and fire fighting efforts.

RURAL DEVELOPMENT

The conferees are aware of the efforts of the Coeur d’Alene

tribe and private sector investors to operate a strawboard plant in

Plummer, Idaho, that provides economic benefits to the community

and achieves an environmentally safe method of disposing of blue

grass straw. The conferees direct the Department to meet with the

plant owners and operators to determine what assistance can be

made available to keep the plant in operation.

The conferees urge the Department to consider forgiveness or

restructuring for Rural Development loans issued to the Green

County, Kentucky, Sanitation District No. 1.

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RURAL COMMUNITY ADVANCEMENT PROGRAM

The conference agreement includes an additional $200,000,000

for the Rural Community Advancement Program, instead of

$180,000,000 as proposed by the Senate, and $43,000,000 as proposed by the House in H.R. 3908.

The conference agreement includes a provision regarding the

availability of grants for rural community facilities for areas with

extreme unemployment and severe economic depression as proposed by the Senate.

The conference agreement includes a provision regarding the

availability of funds to provide grants in rural communities with

extremely high energy costs as proposed by the Senate.

The conference agreement includes a provision regarding assistance to areas in the state of North Carolina subject to a declaration of a major disaster as a result of Hurricanes Floyd, Dennis

or Irene.

The conference agreement provides that of the amount appropriated for rural utilities loans and grants, $30,000,000 may be

used only in counties which have received an emergency declaration by the President or Secretary of Agriculture after January 1,

2000, for applications responding to water shortages resulting from

a designated emergency, including in the states of Texas, Georgia,

Montana and Idaho.

The conference agreement includes an additional $50,000,000

for communities facilities loans and grants with a requirement that

$25,000,000 of the total be directed to assist recovery efforts in

North Carolina from natural disasters.

The conferees are aware of an ongoing wastewater treatment

project in Huey, Illinois. The conferees encourage USDA Rural Development to provide adequate funding and technical assistance to

complete the project.

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS

PROGRAM ACCOUNT

The conference agreement does not include any additional

funding for this account as proposed by the Senate.

GENERAL PROVISIONS—THIS TITLE

Senate Section 1101 and House Section 3101.—The conference

agreement includes language (Section 801) that provides an additional $35,000,000 for conservation technical assistance, to remain

available until expended.

Senate Section 1102.—The conference agreement includes language (section 802) that extends the period of eligibility for the

Livestock Assistance Program.

Senate Section 1103.—The conference agreement includes language (section 803) that conforms the definition of ‘‘livestock’’ for

the purposes of administering the Livestock Indemnity and Livestock Assistance Programs.

Senate Section 1104.—This matter is addressed in Section 805.

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Senate Section 1105.—The conference agreement includes language (section 804) that allows the Secretary of Agriculture to utilize Commodity Credit Corporation funds to provide compensation

to growers for losses due to Mexican fruit fly quarantines, plum

pox virus, Pierce’s disease, grasshopper/Mormon cricket infestations, and watermelon sudden wilt. The conferees note that this

funding is in addition to the funding provided in section 203 of P.L.

106–224.

Senate Section 1106.—The conference agreement includes language (section 805) that provides supplemental payments to dairy

producers.

Senate Section 1107.—The conference agreement includes language (section 806) that provides $490,000,000 to make and administer payments for livestock losses using criteria established to

carry out the 1999 Livestock Assistance Program.

The conferees expect that up to $5,000,000 be provided under

this section to the State of Alabama and that those funds shall be

used in conjunction with the program administered by the Alabama

Department of Agriculture and Industries.

The conferees expect the Department to provide up to

$2,000,000 to individuals who raise poultry owned by other individuals for income losses sustained before April 30, 2001, to the extent

that the Secretary finds that such losses are the result of Poult Enteritis Mortality Syndrome control programs.

The amount provided includes up to $300,000 for the Montana

Department of Agriculture for transportation needs associated with

emergency hay and feeding.

The conferees are aware of the extraordinarily bad weather

during the past year. As a result of cold temperatures and record

rainfall during the early growing season in New York and other

parts of the Northeast, the hay crop is substandard in both quantity and quality. The conferees expect that the Secretary of Agriculture will use a portion of the funds available under this section

to compensate dairy and livestock producers who suffered losses in

their hay crop for purchases of supplemental feed.

Senate Section 1108.—The conference agreement includes language (section 807) that clarifies nursery crop loss eligibility.

Senate Section 1109.—The conference agreement includes language (section 808) that provides authority and technical assistance funding to enroll additional acres into the Wetlands Reserve

Program.

Senate Section 1110.—The conference agreement includes language (section 809) that provides up to $2,400,000 in compensation

for owners of sheep destroyed pursuant to the Secretary of Agriculture’s declarations of July 14, 2000, instead of $4,000,000 as provided by the Senate.

Senate Section 1111 and House general provision 3103.—The

conference agreement includes language (section 810) that directs

the Secretary of Agriculture to use not more than $58,000,000 for

replacement of citrus trees and for compensation for losses as a result of citrus canker, instead of $40,000,000 provided by the Senate

and House in H.R. 3908.

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Senate Section 1117 and House section 750.—The conference

agreement includes language (section 811) regarding quality and

market loss assistance for apples and potatoes.

The conference agreement includes language (section 812) that

directs the Secretary of Agriculture to make non-recourse marketing assistance loans available to producers of honey.

The conference agreement includes language (section 813) that

provides up to $10,000,000 from Commodity Credit Corporation

funds for livestock indemnity payments to producers during calendar year 2000 due to disasters, including fires and anthrax.

The conference agreement includes language (section 814) that

provides $20,000,000 from Commodity Credit Corporation funds for

wool and mohair payments to producers for the 2000 marketing

year.

Senate Sections 1114 and 1115.—The conference agreement includes language (section 815) which provides such sums as may be

necessary to provide assistance to farmers for losses in production

and quality sustained in 2000 due to natural disasters. The conferees expect the Department to administer this program within

the general guidelines provided for similar programs enacted in recent years, with the exception of guidelines needed for adverse

commodity quality losses.

In the case of grain and oilseed quality losses, the Department

is expected to take into consideration market value reductions experienced by farmers who may be unable to market their production for the end use intended. The conferees are aware that farmers of some commodities adversely impacted by quality factors have

not received compensation commensurate with actual value of reduction in the marketplace as a result of past Departmental quality loss procedures. Guidelines are established in this section that

direct the Department to calculate the production value reduction

of a commodity in an area from the value assigned for such commodities as production loss under this section. The Department is

further instructed by the conferees to take every precaution to

avoid payment levels reached by artificial or manipulated price

fluctuations and to ensure that payments to producers are not at

levels in excess of reasonable expectations.

The conferees have provided a mechanism of determining payments that will reduce time of application processing from those

periods experienced in recent years. Due to ongoing problems related to depressed prices and the fact that the rural economy has

not kept pace with other sectors of the national economy, it is expected that payments made available under this section will be

provided in the most efficient and timely manner possible. The conferees note that the separation of production loss calculations from

an independent calculation for quality might result in an eligible

threshold of loss not being met by separate calculations for the

same crop, and that the Secretary may wish to consider an adjustment to the threshold of loss, in equity, to account for economic

losses sustained by a combination of both quality and quantity.

Because cotton is stored identity-preserved and its overall

quality cannot be improved through blending in warehouses, the

Secretary, in carrying out the provisions of this act providing assistance to cotton producers for losses in production (or quantity),

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quality and other economic losses, should ensure that (1) loss

thresholds for quantity losses are determined in a manner that is

similar to that used by the Secretary for the 1998 and 1999 crops

of cotton; (2) that quality losses are compensated in a manner that

is appropriate for cotton; and (3) that market losses, increased expenses (including expenses related to fuel purchases), and other

factors that detrimentally affect a cotton producer’s net income are

included in determining severe economic losses that are to be compensated under subsection (c)(3) of this Act. If there is a category

of severe economic loss for which the Secretary did not establish a

threshold for the 1998 and 1999 crops, no additional threshold

should be established and any loss that qualifies as a severe economic loss under subsection (c)(3) should be compensated.

With respect to the determination of quality losses for the 2000

crop of upland cotton, the Secretary should: (1) determine the value

of quality losses in a manner that is similar to that used in implementing weather related disaster losses for the 1998 and 1999

crops and reflected in 7 C.F.R. 1478.17(g); (2) consider that any

bale produced in a county that is of a quality that is less than the

5-year county average historical quality premium or discount has

suffered a quality loss; and (3) in determining the value of the crop

affected by the quality loss that would have applied if the crop had

suffered a quantity loss, as provided in subsection (c)(2) for cotton,

compare the value of the cotton affected by the quality loss with

the value of the cotton if it had not had a reduction in quality.

Finally, in determining whether a cotton producer is eligible to

receive a payment for a quality loss under this section, the Secretary should compare the amount of a quality loss payment that

the producer would qualify for under subsection (c)(2) (notwithstanding the eligibility requirement in subsection (d)(3)) to the

value of those bales of cotton that are affected by quality losses.

Due to the fact that onion growers have experienced weather

related disasters three out of the last four years, the Secretary of

Agriculture is directed to develop a suitable onion crop loss disaster

program for weather related crop and weather related market

losses incurred by producers during the 2000 crop year. Further,

the conferees expect the Secretary to take into consideration each

qualifying producer’s pre-1996 production of onions, based on the

5-year average market price for yellow onions when calculating

payments under this program.

The conference agreement includes language (section 816) regarding market loss assistance for growers of cranberries. The conferees continue to be concerned about the economic losses sustained

by cranberry growers around the country. Prices for fruit paid to

growers have declined to historically depressed levels due to enormous surpluses caused by record harvests. Steps taken thus far by

the Secretary towards stabilizing prices, including the purchase of

agricultural products containing cranberry ingredients, have only

marginally reduced existing surpluses and hold out little hope of

stabilizing prices. The industry has sought, and the Secretary has

approved, a marketing order to help reduce the surplus but the

short-term impact on growers will be negative, unless and until

prices for the fruit are restored.

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Accordingly, the conferees have included $20,000,000 for a

market loss assistance payment to cranberry growers. The payment

is to be calculated on a per pound basis on each qualifying producer’s 1999 production of cranberries subject to a limitation of 1.6

million pounds per separate farm unit as reported to the Cranberry

Marketing Committee and would be subject to such other terms

and conditions as may be established by the Secretary.

The conferees also have included language to direct the Secretary to use not less than $30,000,000 of additional funds available to the Secretary for commodity purchases, including amounts

permanently appropriated under the Section 32 program and additional amounts appropriated for specialty crops pursuant to section

261(a)(2) of the Agricultural Risk Protection Act of 2000 (Pub. L.

106–224; 114 Stat. 427), for the purchase of cranberry juice concentrate and frozen cranberry fruit or their equivalent in removing

fruit from current surplus.

In selecting fruit or fruit products for purchase, the Secretary

shall consult with industry representatives and representatives of

the recipients of Federal food purchase programs to select products

which utilize the greatest quantity of fruit at the least cost while

providing the maximum nutritional benefit for food purchase recipients.

The conference agreement includes language (section 817) prohibiting the Secretary of Agriculture from terminating contracts established under section 1232(a)(4) of the Food Security Act of 1985

for failure to establish vegetative or water cover under certain conditions.

The conference agreement includes language (section 818) regarding shared appreciation for loans established under section

353(e) of the Consolidated Farm and Rural Development Act.

Senate Section 1112.—The conference agreement includes language (section 819), which allows the Secretary to contribute Commodity Credit Corporation funds for the establishment of a grain

dealers’ indemnity fund in South Carolina, to be available only if

such funding is matched by a grant from the State.

Senate Section 1113.—The conference agreement provides language (section 820) that amends section 211 of the Agricultural

Risk Protection Act of 2000 to provide technical assistance to farmers and ranchers and funding for the Wildlife Habitat Incentives

Program from funds provided.

The conference agreement includes language (section 821) that

reauthorizes the Puerto Rico Food Stamp Block Grant through

2002.

Senate Section 1116.—The conference agreement includes language (section 822) regarding payments to the State of Hawaii

from the Commodity Credit Corporation for transportation assistance.

Senate Section 2101.—The conferees have addressed the issue

of business and industry loan guarantee eligibility elsewhere in the

Act.

Senate Sections 2102, 2103, and 2104.—The conference agreement provides (sections 823, 824, 825, 826, 828, 831) that Emergency Watershed Program funds shall be available for conservation

technical and financial assistance for the Long Park Dam, UT;

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Kuhn Bayou, AR; Snake River Watershed Project, MN; DuPage

County, IL; Camp Lejeune project in NC; and Princeville, NC.

Senate Section 2105 and House section 751.—The conference

agreement includes language (section 827) that allows oyster farmers to keep payments made to them by USDA.

Senate Section 2107.—The conferees have addressed the issue

of Sea Island Health Clinic in Johns Island, South Carolina eligibility for assistance and funding from the Rural Development Community facilities elsewhere in the Act.

The conference agreement includes language (section 829) regarding technical changes to subtitle G, section 262 of P.L. 106–

224, The Agricultural Risk Protection Act of 2000. The technical

changes require obligations by a date certain rather than ‘‘expended by’’ the same date.

The conference agreement includes language (section 830) regarding the use of emergency conservation funds provided previously for the Cerro Grande fires.

The conference agreement includes language (section 832) regarding funding transfers for the Agricultural Credit Insurance

Fund.

Senate Section 2106 and House section 748.—The conference

agreement includes language (section 833) regarding emergency

loans to poultry producers to rebuild chicken houses.

The conference agreement includes language (section 834) providing $10,000,000 for value-added agricultural product development grants.

The conference agreement includes language (section 835) providing an additional $10,000,000 for the cost of business and industry guaranteed loans.

The conference agreement includes language (section 836) regarding sugar nonrecourse loans.

The conference agreement includes language (section 837) regarding Loan Deficiency Payment limitations for crop year 2000.

The conferees note the importance of the role of loan deficiency

payments in helping offset reductions in net farm income. The conferees direct the Secretary of Agriculture to take into account county production and prices of feed barley and malting barley in establishing county loan rates and loan repayment rates.

The conference agreement includes language (section 838) regarding date extension for marketing assistance loans and loan deficiency payments for rice.

The conference agreement includes a provision (section 839)

that allows the Secretary to enter into agreements for the purpose

of controlling the buildup of natural fuels that contribute to the

threat of wildfires.

The conference agreement includes language (section 840) regarding publication of regulations for this title.

The conference agreement includes language (section 841) regarding tobacco.

The conference agreement includes language (section 842) regarding administrative offsets. The conferees note that the Secretary of Agriculture has in prior years used existing authorities to

exempt farm payments from administrative offset, both within the

Department of Agriculture and externally. In view of the signifiVerDate 11-MAY-2000 17:49 Oct 08, 2000 Jkt 067139 PO 00000 Frm 00151 Fmt 6604 Sfmt 6601 E:\HR\OC\HR948.111 pfrm01 PsN: HR948
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cant economic hardships faced by farmers and ranchers this year,

the third straight year of such hardships, the conferees urge the

Secretary of Agriculture to exempt loan deficiency payments and

marketing loan gains for year 2000 crops from internal and external administrative offset.

The conference agreement includes language (section 843) providing $20,000,000 to make payments to producers of tomatoes,

pears, peaches, and apricots that were unable to market their crops

because of agriculture cooperative losses in the state of California.

The conference agreement includes language (section 844) regarding burley tobacco.

The conference agreement includes language (section 845) regarding marketing assistance loans and deficiency loan payment

eligibility.

The conference agreement includes language (section 846) regarding food stamp program excess shelter expenses.

The conference agreement includes language (section 847) regarding food stamp program vehicle allowances.

OFFSETS/RESCISSIONS

OFFICE OF THE CHIEF INFORMATION OFFICER

The conference agreement does not provide language that cancels funds in the Office of the Chief Information Officer account

that were made available for Year 2000 conversion purposes.

TITLE IX—TRADE SANCTIONS REFORM AND EXPORT

ENHANCEMENT

The conference agreement includes the ‘‘Trade Sanctions Reform and Export Enhancement Act of 2000’’.

TITLE X—CONTINUED DUMPING AND SUBSIDY OFFSET

The conference agreement includes the ‘‘Continued Dumping

and Subsidy Offset Act of 2000’’.

TITLE XI—CONSERVATION OF FARMABLE WETLAND

The conference agreement includes language regarding a Conservation Reserve Program pilot in the prairie pothole region of the

United States.

TITLE XII—HASS AVOCADO PROMOTION, RESEARCH, AND

INFORMATION

The conference agreement includes language regarding avocado research and promotion program.

TITLE XIII—DEBT REDUCTION

The conference agreement includes language that reduces the

public debt of the United States.

153

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

2001 recommended by the Committee of Conference, with comparisons to the fiscal year 2000 amount, the 2001 budget estimates,

and the House and Senate bills for 2001 follow:

[In thousands of dollars]

New budget (obligational) authority, fiscal year 2000 ........................ $84,312,546

Budget estimates of new (obligational) authority, fiscal year 2001 76,785,597

House bill, fiscal year 2001 ................................................................... 75,264,494

Senate bill, fiscal year 2001 .................................................................. 75,356,809

Conference agreement, fiscal year 2001 .............................................. 78,139,809

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2000 ......... ¥6,172,737

Budget estimates of new (obligational) authority, fiscal

year 2001 .............................................................................. +1,354,212

House bill, fiscal year 2001 .................................................... +2,875,315

Senate bill, fiscal year 2001 ................................................... +2,783,000

JOE SKEEN,

JAMES T. WALSH,

JAY DICKEY,

JACK KINGSTON,

GEORGE R. NETHERCUTT, Jr.,

HENRY BONILLA,

TOM LATHAM,

JO ANN EMERSON,

C.W. BILL YOUNG,

Managers on the Part of the House.

THAD COCHRAN,

ARLEN SPECTER,

CHRISTOPHER S. BOND,

SLADE GORTON,

MITCH MCCONNELL,

CONRAD BURNS,

TED STEVENS,

HERB KOHL,

TOM HARKIN,

(except for Cuba and drug

reimportation),

BYRON L. DORGAN,

DIANNE FEINSTEIN,

ROBERT C. BYRD,

Managers on the Part of the Senate.

Æ