II

Calendar No. 91

107TH CONGRESS

1ST SESSION S. 1191

[Report No. 107–41]

Making appropriations for Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies programs for the fiscal year ending

September 30, 2002, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 18, 2001

Mr. KOHL, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies

programs for the fiscal year ending September 30, 2002,

and for other purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for Ag5 riculture, Rural Development, Food and Drug Administra6 tion, and Related Agencies programs for the fiscal year
2

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1 ending September 30, 2002, and for other purposes,

2 namely:

3 TITLE I

4 AGRICULTURAL PROGRAMS

5 PRODUCTION, PROCESSING, AND MARKETING

6 OFFICE OF THE SECRETARY

7 For necessary expenses of the Office of the Secretary

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

9 under 5 U.S.C. 3109, $2,992,000: Provided, That not to

10 exceed $11,000 of this amount shall be available for offi11 cial reception and representation expenses, not otherwise

12 provided for, as determined by the Secretary: Provided

13 further, That none of the funds appropriated or otherwise

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

15 and expenses of personnel of the Department of Agri16 culture to carry out section 793(c)(1)(C) of Public Law

17 104–127: Provided further, That none of the funds made

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

19 of Public Law 104–127.

20 EXECUTIVE OPERATIONS

21 CHIEF ECONOMIST

22 For necessary expenses of the Chief Economist, in23 cluding economic analysis, risk assessment, cost-benefit

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

25 World Agricultural Outlook Board, as authorized by the
3

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1 Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and

2 including employment pursuant to the second sentence of

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

4 2225), of which not to exceed $5,000 is for employment

5 under 5 U.S.C. 3109, $7,648,000.

6 NATIONAL APPEALS DIVISION

7 For necessary expenses of the National Appeals Divi8 sion, including employment pursuant to the second sen9 tence of section 706(a) of the Organic Act of 1944 (7

10 U.S.C. 2225), of which not to exceed $25,000 is for em11 ployment under 5 U.S.C. 3109, $12,766,000.

12 OFFICE OF BUDGET AND PROGRAM ANALYSIS

13 For necessary expenses of the Office of Budget and

14 Program Analysis, including employment pursuant to the

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

16 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is

17 for employment under 5 U.S.C. 3109, $6,978,000.

18 OFFICE OF THE CHIEF INFORMATION OFFICER

19 For necessary expenses of the Office of the Chief In20 formation Officer, including employment pursuant to the

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

22 1944 (7 U.S.C. 2225), of which not to exceed $10,000

23 is for employment under 5 U.S.C. 3109, $10,261,000.

24 COMMON COMPUTING ENVIRONMENT

25 For necessary expenses to acquire a Common Com26 puting Environment for the Natural Resources Conserva-
4

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1 tion Service, the Farm and Foreign Agricultural Service

2 and Rural Development mission areas for information

3 technology, systems, and services, $59,369,000, to remain

4 available until expended, for the capital asset acquisition

5 of shared information technology systems, including serv6 ices as authorized by 7 U.S.C. 6915–16 and 40 U.S.C.

7 1421–28: Provided, That obligation of these funds shall

8 be consistent with the Department of Agriculture Service

9 Center Modernization Plan of the county-based agencies,

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

11 Chief Information Officer.

12 OFFICE OF THE CHIEF FINANCIAL OFFICER

13 For necessary expenses of the Office of the Chief Fi14 nancial Officer, including employment pursuant to the sec15 ond sentence of section 706(a) of the Organic Act of 1944

16 (7 U.S.C. 2225), of which not to exceed $10,000 is for

17 employment under 5 U.S.C. 3109, $5,335,000: Provided,

18 That the Chief Financial Officer shall actively market and

19 expand cross-servicing activities of the National Finance

20 Center.

21 OFFICE OF THE ASSISTANT SECRETARY FOR

22 ADMINISTRATION

23 For necessary salaries and expenses of the Office of

24 the Assistant Secretary for Administration to carry out

25 the programs funded by this Act, $647,000.
5

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1 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

2 PAYMENTS

3 (INCLUDING TRANSFERS OF FUNDS)

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

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

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

10 alterations and other actions needed for the Department

11 and its agencies to consolidate unneeded space into con12 figurations suitable for release to the Administrator of

13 General Services, and for the operation, maintenance, im14 provement, and repair of Agriculture buildings,

15 $187,581,000, to remain available until expended: Pro16 vided, That in the event an agency within the Department

17 should require modification of space needs, the Secretary

18 of Agriculture may transfer a share of that agency’s ap19 propriation made available by this Act to this appropria20 tion, or may transfer a share of this appropriation to that

21 agency’s appropriation, but such transfers shall not exceed

22 5 percent of the funds made available for space rental and

23 related costs to or from this account.
6

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1 HAZARDOUS MATERIALS MANAGEMENT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses of the Department of Agri4 culture, to comply with the Comprehensive Environmental

5 Response, Compensation, and Liability Act, 42 U.S.C.

6 9601 et seq., and the Resource Conservation and Recovery

7 Act, 42 U.S.C. 6901 et seq., $15,665,000, to remain avail8 able until expended: Provided, That appropriations and

9 funds available herein to the Department for Hazardous

10 Materials Management may be transferred to any agency

11 of the Department for its use in meeting all requirements

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

13 lands.

14 DEPARTMENTAL ADMINISTRATION

15 (INCLUDING TRANSFERS OF FUNDS)

16 For Departmental Administration, $37,079,000, to

17 provide for necessary expenses for management support

18 services to offices of the Department and for general ad19 ministration and disaster management of the Department,

20 repairs and alterations, and other miscellaneous supplies

21 and expenses not otherwise provided for and necessary for

22 the practical and efficient work of the Department, includ23 ing employment pursuant to the second sentence of section

24 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

25 which not to exceed $10,000 is for employment under 5
7

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

2 reimbursed from applicable appropriations in this Act for

3 travel expenses incident to the holding of hearings as re4 quired by 5 U.S.C. 551–558.

5 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

6 For grants and contracts pursuant to section 2501

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

8 1990 (7 U.S.C. 2279), $3,493,000, to remain available

9 until expended.

10 OFFICE OF THE ASSISTANT SECRETARY FOR

11 CONGRESSIONAL RELATIONS

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary salaries and expenses of the Office of

14 the Assistant Secretary for Congressional Relations to

15 carry out the programs funded by this Act, including pro16 grams involving intergovernmental affairs and liaison

17 within the executive branch, $3,684,000: Provided, That

18 these funds may be transferred to agencies of the Depart19 ment of Agriculture funded by this Act to maintain per20 sonnel at the agency level: Provided further, That no other

21 funds appropriated to the Department by this Act shall

22 be available to the Department for support of activities

23 of congressional relations.

24 OFFICE OF COMMUNICATIONS

25 For necessary expenses to carry on services relating

26 to the coordination of programs involving public affairs,
8

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1 for the dissemination of agricultural information, and the

2 coordination of information, work, and programs author3 ized by Congress in the Department, $8,894,000, includ4 ing employment pursuant to the second sentence of section

5 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

6 which not to exceed $10,000 shall be available for employ7 ment under 5 U.S.C. 3109, and not to exceed $2,000,000

8 may be used for farmers’ bulletins.

9 OFFICE OF THE INSPECTOR GENERAL

10 For necessary expenses of the Office of the Inspector

11 General, including employment pursuant to the second

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

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

14 $70,839,000, including such sums as may be necessary for

15 contracting and other arrangements with public agencies

16 and private persons pursuant to section 6(a)(9) of the In17 spector General Act of 1978, including not to exceed

18 $50,000 for employment under 5 U.S.C. 3109; and includ19 ing not to exceed $125,000 for certain confidential oper20 ational expenses, including the payment of informants, to

21 be expended under the direction of the Inspector General

22 pursuant to Public Law 95–452 and section 1337 of Pub23 lic Law 97–98.
9

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1 OFFICE OF THE GENERAL COUNSEL

2 For necessary expenses of the Office of the General

3 Counsel, $32,627,000.

4 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

5 EDUCATION AND ECONOMICS

6 For necessary salaries and expenses of the Office of

7 the Under Secretary for Research, Education and Eco8 nomics to administer the laws enacted by the Congress

9 for the Economic Research Service, the National Agricul10 tural Statistics Service, the Agricultural Research Service,

11 and the Cooperative State Research, Education, and Ex12 tension Service, $573,000.

13 ECONOMIC RESEARCH SERVICE

14 For necessary expenses of the Economic Research

15 Service in conducting economic research and analysis, as

16 authorized by the Agricultural Marketing Act of 1946 (7

17 U.S.C. 1621–1627) and other laws, $67,200,000: Pro18 vided, That this appropriation shall be available for em19 ployment pursuant to the second sentence of section

20 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

21 NATIONAL AGRICULTURAL STATISTICS SERVICE

22 For necessary expenses of the National Agricultural

23 Statistics Service in conducting statistical reporting and

24 service work, including crop and livestock estimates, sta25 tistical coordination and improvements, marketing sur-
10

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1 veys, and the Census of Agriculture, as authorized by 7

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

3 $113,786,000, of which up to $25,350,000 shall be avail4 able until expended for the Census of Agriculture: Pro5 vided, That this appropriation shall be available for em6 ployment pursuant to the second sentence of section

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

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

9 under 5 U.S.C. 3109.

10 AGRICULTURAL RESEARCH SERVICE

11 SALARIES AND EXPENSES

12 For necessary expenses to enable the Agricultural Re13 search Service to perform agricultural research and dem14 onstration relating to production, utilization, marketing,

15 and distribution (not otherwise provided for); home eco16 nomics or nutrition and consumer use including the acqui17 sition, preservation, and dissemination of agricultural in18 formation; and for acquisition of lands by donation, ex19 change, or purchase at a nominal cost not to exceed $100,

20 and for land exchanges where the lands exchanged shall

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

22 money to the grantor which shall not exceed 25 percent

23 of the total value of the land or interests transferred out

24 of Federal ownership, $1,004,738,000: Provided, That ap25 propriations hereunder shall be available for temporary
11

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1 employment pursuant to the second sentence of section

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

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

4 under 5 U.S.C. 3109: Provided further, That appropria5 tions hereunder shall be available for the operation and

6 maintenance of aircraft and the purchase of not to exceed

7 one for replacement only: Provided further, That appro8 priations hereunder shall be available pursuant to 7

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

10 of buildings and improvements, but unless otherwise pro11 vided, the cost of constructing any one building shall not

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

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

14 10 buildings to be constructed or improved at a cost not

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

16 building during the fiscal year shall not exceed 10 percent

17 of the current replacement value of the building or

18 $375,000, whichever is greater: Provided further, That the

19 limitations on alterations contained in this Act shall not

20 apply to modernization or replacement of existing facilities

21 at Beltsville, Maryland: Provided further, That appropria22 tions hereunder shall be available for granting easements

23 at the Beltsville Agricultural Research Center, including

24 an easement to the University of Maryland to construct

25 the Transgenic Animal Facility which upon completion
12

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1 shall be accepted by the Secretary as a gift: Provided fur2 ther, That the foregoing limitations shall not apply to re3 placement of buildings needed to carry out the Act of April

4 24, 1948 (21 U.S.C. 113a): Provided further, That funds

5 may be received from any State, other political subdivi6 sion, organization, or individual for the purpose of estab7 lishing or operating any research facility or research

8 project of the Agricultural Research Service, as authorized

9 by law.

10 None of the funds in the foregoing paragraph shall

11 be available to carry out research related to the produc12 tion, processing or marketing of tobacco or tobacco prod13 ucts.

14 In fiscal year 2002, the agency is authorized to

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

16 any permit, easement, lease, or other special use author17 ization for the occupancy or use of land and facilities (in18 cluding land and facilities at the Beltsville Agricultural

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

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

21 shall remain available until expended for authorized pur22 poses.

23 BUILDINGS AND FACILITIES

24 For acquisition of land, construction, repair, improve25 ment, extension, alteration, and purchase of fixed equip26 ment or facilities as necessary to carry out the agricultural
13

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1 research programs of the Department of Agriculture,

2 where not otherwise provided, $99,625,000, to remain

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

4 funds may be received from any State, other political sub5 division, organization, or individual for the purpose of es6 tablishing any research facility of the Agricultural Re7 search Service, as authorized by law.

8 COOPERATIVE STATE RESEARCH, EDUCATION, AND

9 EXTENSION SERVICE

10 RESEARCH AND EDUCATION ACTIVITIES

11 For payments to agricultural experiment stations, for

12 cooperative forestry and other research, for facilities, and

13 for other expenses, $542,580,000, as follows: to carry out

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

15 $180,148,000; for grants for cooperative forestry research

16 (16 U.S.C. 582a–a7), $21,884,000; for payments to the

17 1890 land-grant colleges, including Tuskegee University

18 (7 U.S.C. 3222), $32,604,000, of which $998,000 shall

19 be made available to West Virginia State College in Insti20 tute, West Virginia; for special grants for agricultural re21 search (7 U.S.C. 450i(c)), $84,040,000; for special grants

22 for agricultural research on improved pest control (7

23 U.S.C. 450i(c)), $14,691,000; for competitive research

24 grants (7 U.S.C. 450i(b)), $137,000,000; for the support

25 of animal health and disease programs (7 U.S.C. 3195),
14

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1 $5,098,000; for supplemental and alternative crops and

2 products (7 U.S.C. 3319d), $898,000; for grants for re3 search pursuant to the Critical Agricultural Materials Act

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

5 Agriculture Act of 1977 (7 U.S.C. 3318), $800,000, to

6 remain available until expended; for the 1994 research

7 program (7 U.S.C. 301 note), $998,000, to remain avail8 able until expended; for higher education graduate fellow9 ship grants (7 U.S.C. 3152(b)(6)), $2,993,000, to remain

10 available until expended (7 U.S.C. 2209b); for higher edu11 cation challenge grants (7 U.S.C. 3152(b)(1)),

12 $4,340,000; for a higher education multicultural scholars

13 program (7 U.S.C. 3152(b)(5)), $998,000, to remain

14 available until expended (7 U.S.C. 2209b); for an edu15 cation grants program for Hispanic-serving Institutions (7

16 U.S.C. 3241), $3,492,000; for noncompetitive grants for

17 the purpose of carrying out all provisions of 7 U.S.C. 3242

18 (Section 759 of Public Law 106–78) to individual eligible

19 institutions or consortia of eligible institutions in Alaska

20 and in Hawaii, with funds awarded equally to each of the

21 States of Alaska and Hawaii, $3,000,000; for a secondary

22 agriculture education program and 2-year post-secondary

23 education (7 U.S.C. 3152(h)), $1,000,000; for aqua24 culture grants (7 U.S.C. 3322), $4,000,000; for sustain25 able agriculture research and education (7 U.S.C. 5811),
15

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1 $13,000,000; for a program of capacity building grants

2 (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds

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

4 328), including Tuskegee University, $9,479,000, to re5 main available until expended (7 U.S.C. 2209b); for pay6 ments to the 1994 Institutions pursuant to section

7 534(a)(1) of Public Law 103–382, $1,549,000; and for

8 necessary expenses of Research and Education Activities,

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

10 under 5 U.S.C. 3109, $20,568,000.

11 None of the funds in the foregoing paragraph shall

12 be available to carry out research related to the produc13 tion, processing or marketing of tobacco or tobacco prod14 ucts: Provided, That this paragraph shall not apply to re15 search on the medical, biotechnological, food, and indus16 trial uses of tobacco.

17 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

18 For the Native American Institutions Endowment

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

20 note), $7,100,000: Provided, That hereafter, any distribu21 tion of the adjusted income from the Native American In22 stitutions Endowment Fund is authorized to be used for

23 facility renovation, repair, construction, and maintenance,

24 in addition to other authorized purposes.
16

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1 EXTENSION ACTIVITIES

2 For payments to States, the District of Columbia,

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

4 Northern Marianas, and American Samoa, $434,038,000,

5 as follows: payments for cooperative extension work under

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

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

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

9 costs for extension agents and for costs of penalty mail

10 for cooperative extension agents and State extension direc11 tors, $275,940,000; payments for extension work at the

12 1994 Institutions under the Smith-Lever Act (7 U.S.C.

13 343(b)(3)), $3,273,000; payments for the nutrition and

14 family education program for low-income areas under sec15 tion 3(d) of the Act, $58,566,000; payments for the pest

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

17 $10,759,000; payments for the farm safety program under

18 section 3(d) of the Act, $4,700,000; payments to upgrade

19 research, extension, and teaching facilities at the 1890

20 land-grant colleges, including Tuskegee University, as au21 thorized by section 1447 of Public Law 95–113 (7 U.S.C.

22 3222b), $13,500,000, to remain available until expended;

23 payments for the rural development centers under section

24 3(d) of the Act, $1,000,000; payments for youth-at-risk

25 programs under section 3(d) of the Act, $8,481,000; for
17

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1 youth farm safety education and certification extension

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

3 the Act, $499,000; payments for carrying out the provi4 sions of the Renewable Resources Extension Act of 1978,

5 $5,000,000; payments for Indian reservation agents under

6 section 3(d) of the Act, $1,996,000; payments for sustain7 able agriculture programs under section 3(d) of the Act,

8 $4,500,000; payments for rural health and safety edu9 cation as authorized by section 2390 of Public Law 101–

10 624 (7 U.S.C. 2661 note, 2662), $2,622,000; payments

11 for cooperative extension work by the colleges receiving the

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

13 328) and Tuskegee University, $28,181,000, of which

14 $998,000 shall be made available to West Virginia State

15 College in Institute, West Virginia; and for Federal ad16 ministration and coordination including administration of

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

18 (7 U.S.C. 341–349), and section 1361(c) of the Act of

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

20 and provide program leadership for the extension work of

21 the Department and the several States and insular posses22 sions, $15,021,000: Provided, That funds hereby appro23 priated pursuant to section 3(c) of the Act of June 26,

24 1953, and section 506 of the Act of June 23, 1972, shall

25 not be paid to any State, the District of Columbia, Puerto
18

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

2 Marianas, and American Samoa prior to availability of an

3 equal sum from non-Federal sources for expenditure dur4 ing the current fiscal year.

5 INTEGRATED ACTIVITIES

6 For the integrated research, education, and extension

7 competitive grants programs, including necessary adminis8 trative expenses, as authorized under section 406 of the

9 Agricultural Research, Extension, and Education Reform

10 Act of 1998 (7 U.S.C. 7626), $42,350,000, as follows:

11 payments for the water quality program, $12,971,000;

12 payments for the food safety program, $14,967,000; pay13 ments for the national agriculture pesticide impact assess14 ment program, $4,531,000; payments for the Food Qual15 ity Protection Act risk mitigation program for major food

16 crop systems, $4,889,000; payments for the crops affected

17 by Food Quality Protection Act implementation,

18 $1,497,000; payments for the methyl bromide transition

19 program, $2,495,000; and payments for the organic tran20 sition program, $1,000,000.

21 OFFICE OF THE UNDER SECRETARY FOR MARKETING

22 AND REGULATORY PROGRAMS

23 For necessary salaries and expenses of the Office of

24 the Under Secretary for Marketing and Regulatory Pro25 grams to administer programs under the laws enacted by

26 the Congress for the Animal and Plant Health Inspection
19

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1 Service; the Agricultural Marketing Service; and the Grain

2 Inspection, Packers and Stockyards Administration;

3 $654,000.

4 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For expenses, not otherwise provided for, including

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

9 U.S.C. 114b–c), necessary to prevent, control, and eradi10 cate pests and plant and animal diseases; to carry out in11 spection, quarantine, and regulatory activities; to dis12 charge the authorities of the Secretary of Agriculture

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

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

15 426–426c); and to protect the environment, as authorized

16 by law, $602,754,000, of which $4,096,000 shall be avail17 able for the control of outbreaks of insects, plant diseases,

18 animal diseases and for control of pest animals and birds

19 to the extent necessary to meet emergency conditions; of

20 which $79,157,000 shall be used for the boll weevil eradi21 cation program for cost share purposes or for debt retire22 ment for active eradication zones: Provided, That no funds

23 shall be used to formulate or administer a brucellosis

24 eradication program for the current fiscal year that does

25 not require minimum matching by the States of at least

26 40 percent: Provided further, That this appropriation shall
20

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1 be available for field employment pursuant to the second

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

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

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

5 That this appropriation shall be available for the operation

6 and maintenance of aircraft and the purchase of not to

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

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

9 threaten any segment of the agricultural production indus10 try of this country, the Secretary may transfer from other

11 appropriations or funds available to the agencies or cor12 porations of the Department such sums as may be deemed

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

14 arrest and eradication of contagious or infectious disease

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

16 in accordance with the Act of February 28, 1947, and sec17 tion 102 of the Act of September 21, 1944, and any unex18 pended balances of funds transferred for such emergency

19 purposes in the preceding fiscal year shall be merged with

20 such transferred amounts: Provided further, That appro21 priations hereunder shall be available pursuant to law (7

22 U.S.C. 2250) for the repair and alteration of leased build23 ings and improvements, but unless otherwise provided the

24 cost of altering any one building during the fiscal year
21

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1 shall not exceed 10 percent of the current replacement

2 value of the building.

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

4 fees to cover the total costs of providing technical assist5 ance, goods, or services requested by States, other political

6 subdivisions, domestic and international organizations,

7 foreign governments, or individuals, provided that such

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

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

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

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

12 until expended, without further appropriation, for pro13 viding such assistance, goods, or services.

14 Of the total amount available under this heading in

15 fiscal year 2002, $84,813,000 shall be derived from user

16 fees deposited in the Agricultural Quarantine Inspection

17 User Fee Account.

18 BUILDINGS AND FACILITIES

19 For plans, construction, repair, preventive mainte20 nance, environmental support, improvement, extension, al21 teration, and purchase of fixed equipment or facilities, as

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

23 authorized by 7 U.S.C. 428a, $5,189,000, to remain avail24 able until expended.
22

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1 AGRICULTURAL MARKETING SERVICE

2 MARKETING SERVICES

3 For necessary expenses to carry out services related

4 to consumer protection, agricultural marketing and dis5 tribution, transportation, and regulatory programs, as au6 thorized by law, and for administration and coordination

7 of payments to States, including field employment pursu8 ant to the second sentence of section 706(a) of the Or9 ganic Act of 1944 (7 U.S.C. 2225) and not to exceed

10 $90,000 for employment under 5 U.S.C. 3109,

11 $71,430,000, including funds for the wholesale market de12 velopment program for the design and development of

13 wholesale and farmer market facilities for the major met14 ropolitan areas of the country: Provided, That this appro15 priation shall be available pursuant to law (7 U.S.C. 2250)

16 for the alteration and repair of buildings and improve17 ments, but the cost of altering any one building during

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

19 replacement value of the building.

20 Fees may be collected for the cost of standardization

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

22 U.S.C. 9701).

23 LIMITATION ON ADMINISTRATIVE EXPENSES

24 Not to exceed $60,596,000 (from fees collected) shall

25 be obligated during the current fiscal year for administra26 tive expenses: Provided, That if crop size is understated
23

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

2 exceed this limitation by up to 10 percent with notification

3 to the Committees on Appropriations of both Houses of

4 Congress.

5 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

6 SUPPLY (SECTION 32)

7 (INCLUDING TRANSFERS OF FUNDS)

8 Funds available under section 32 of the Act of Au9 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com10 modity program expenses as authorized therein, and other

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

12 Department of Commerce as authorized by the Fish and

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

14 provided in this Act; and (3) not more than $13,874,000

15 for formulation and administration of marketing agree16 ments and orders pursuant to the Agricultural Marketing

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

18 PAYMENTS TO STATES AND POSSESSIONS

19 For payments to departments of agriculture, bureaus

20 and departments of markets, and similar agencies for

21 marketing activities under section 204(b) of the Agricul22 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),

23 $1,347,000.
24

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1 GRAIN INSPECTION, PACKERS AND STOCKYARDS

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses to carry out the provisions

5 of the United States Grain Standards Act, for the admin6 istration of the Packers and Stockyards Act, for certifying

7 procedures used to protect purchasers of farm products,

8 and the standardization activities related to grain under

9 the Agricultural Marketing Act of 1946, including field

10 employment pursuant to the second sentence of section

11 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

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

13 3109, $34,000,000: Provided, That this appropriation

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

15 alteration and repair of buildings and improvements, but

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

17 shall not exceed 10 percent of the current replacement

18 value of the building.

19 LIMITATION ON INSPECTION AND WEIGHING SERVICES

20 EXPENSES

21 Not to exceed $42,463,000 (from fees collected) shall

22 be obligated during the current fiscal year for inspection

23 and weighing services: Provided, That if grain export ac24 tivities require additional supervision and oversight, or

25 other uncontrollable factors occur, this limitation may be
25

S 1191 PCS

1 exceeded by up to 10 percent with notification to the Com2 mittees on Appropriations of both Houses of Congress.

3 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

4 For necessary salaries and expenses of the Office of

5 the Under Secretary for Food Safety to administer the

6 laws enacted by the Congress for the Food Safety and In7 spection Service, $476,000.

8 FOOD SAFETY AND INSPECTION SERVICE

9 For necessary expenses to carry out services author10 ized by the Federal Meat Inspection Act, the Poultry

11 Products Inspection Act, and the Egg Products Inspection

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

13 allowances and for expenses pursuant to section 8 of the

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

15 $715,747,000, of which no less than $608,730,000 shall

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

17 $1,000,000 may be credited to this account from fees col18 lected for the cost of laboratory accreditation as author19 ized by section 1017 of Public Law 102–237: Provided,

20 That this appropriation shall be available for field employ21 ment pursuant to the second sentence of section 706(a)

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

23 exceed $75,000 shall be available for employment under

24 5 U.S.C. 3109: Provided further, That this appropriation

25 shall be available pursuant to law (7 U.S.C. 2250) for the
26

S 1191 PCS

1 alteration and repair of buildings and improvements, but

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

3 shall not exceed 10 percent of the current replacement

4 value of the building.

5 OFFICE OF THE UNDER SECRETARY FOR FARM AND

6 FOREIGN AGRICULTURAL SERVICES

7 For necessary salaries and expenses of the Office of

8 the Under Secretary for Farm and Foreign Agricultural

9 Services to administer the laws enacted by Congress for

10 the Farm Service Agency, the Foreign Agricultural Serv11 ice, the Risk Management Agency, and the Commodity

12 Credit Corporation, $606,000.

13 FARM SERVICE AGENCY

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses for carrying out the adminis17 tration and implementation of programs administered by

18 the Farm Service Agency, $939,030,000: Provided, That

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

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

21 Credit Corporation to make program payments for all pro22 grams administered by the Agency: Provided further, That

23 other funds made available to the Agency for authorized

24 activities may be advanced to and merged with this ac25 count: Provided further, That these funds shall be avail26 able for employment pursuant to the second sentence of
27

S 1191 PCS

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

2 2225), and not to exceed $1,000,000 shall be available for

3 employment under 5 U.S.C. 3109.

4 STATE MEDIATION GRANTS

5 For grants pursuant to section 502(b) of the Agricul6 tural Credit Act of 1987 (7 U.S.C. 5101–5106),

7 $3,993,000.

8 DAIRY INDEMNITY PROGRAM

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses involved in making indemnity

11 payments to dairy farmers for milk or cows producing

12 such milk and manufacturers of dairy products who have

13 been directed to remove their milk or dairy products from

14 commercial markets because it contained residues of

15 chemicals registered and approved for use by the Federal

16 Government, and in making indemnity payments for milk,

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

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

19 commercial markets because of: (1) the presence of prod20 ucts of nuclear radiation or fallout if such contamination

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

22 chemicals or toxic substances not included under the first

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

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

25 manner contrary to applicable regulations or labeling in26 structions provided at the time of use and the contamina-
28

S 1191 PCS

1 tion is not due to the fault of the farmer, $100,000, to

2 remain available until expended (7 U.S.C. 2209b): Pro3 vided, That none of the funds contained in this Act shall

4 be used to make indemnity payments to any farmer whose

5 milk was removed from commercial markets as a result

6 of the farmer’s willful failure to follow procedures pre7 scribed by the Federal Government: Provided further, That

8 this amount shall be transferred to the Commodity Credit

9 Corporation: Provided further, That the Secretary is au10 thorized to utilize the services, facilities, and authorities

11 of the Commodity Credit Corporation for the purpose of

12 making dairy indemnity disbursements.

13 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

14 ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For gross obligations for the principal amount of di17 rect and guaranteed loans as authorized by 7 U.S.C.

18 1928–1929, to be available from funds in the Agricultural

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

20 $1,146,996,000, of which $1,000,000,000 shall be for

21 guaranteed loans; operating loans, $2,616,729,000, of

22 which $1,500,000,000 shall be for unsubsidized guaran23 teed loans and $505,531,000 shall be for subsidized guar24 anteed loans; Indian tribe land acquisition loans as au25 thorized by 25 U.S.C. 488, $2,000,000; for emergency in26 sured loans, $25,000,000 to meet the needs resulting from
29

S 1191 PCS

1 natural disasters; and for boll weevil eradication program

2 loans as authorized by 7 U.S.C. 1989, $100,000,000.

3 For the cost of direct and guaranteed loans, including

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

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

6 ownership loans, $8,366,000, of which $4,500,000 shall

7 be for guaranteed loans; operating loans, $175,780,000,

8 of which $52,650,000 shall be for unsubsidized guaran9 teed loans and $68,550,000 shall be for subsidized guar10 anteed loans; Indian tribe land acquisition loans as au11 thorized by 25 U.S.C. 488, $118,400; and for emergency

12 insured loans, $3,362,500 to meet the needs resulting

13 from natural disasters.

14 In addition, for administrative expenses necessary to

15 carry out the direct and guaranteed loan programs,

16 $280,595,000, of which $272,595,000 shall be transferred

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

18 Agency, Salaries and Expenses’’.

19 Funds appropriated by this Act to the Agricultural

20 Credit Insurance Program Account for farm ownership

21 and operating direct loans and guaranteed loans may be

22 transferred among these programs with the prior approval

23 of the Committees on Appropriations of both Houses of

24 Congress.
30

S 1191 PCS

1 RISK MANAGEMENT AGENCY

2 For administrative and operating expenses, as au3 thorized by the Federal Agriculture Improvement and Re4 form Act of 1996 (7 U.S.C. 6933), $74,752,000: Provided,

5 That not to exceed $700 shall be available for official re6 ception and representation expenses, as authorized by 7

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

8 CORPORATIONS

9 The following corporations and agencies are hereby

10 authorized to make expenditures, within the limits of

11 funds and borrowing authority available to each such cor12 poration or agency and in accord with law, and to make

13 contracts and commitments without regard to fiscal year

14 limitations as provided by section 104 of the Government

15 Corporation Control Act as may be necessary in carrying

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

17 fiscal year for such corporation or agency, except as here18 inafter provided.

19 FEDERAL CROP INSURANCE CORPORATION FUND

20 For payments as authorized by section 516 of the

21 Federal Crop Insurance Act, such sums as may be nec22 essary, to remain available until expended (7 U.S.C.

23 2209b).
31

S 1191 PCS

1 COMMODITY CREDIT CORPORATION FUND

2 REIMBURSEMENT FOR NET REALIZED LOSSES

3 For fiscal year 2002, such sums as may be necessary

4 to reimburse the Commodity Credit Corporation for net

5 realized losses sustained, but not previously reimbursed,

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

7 U.S.C. 713a–11).

8 OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE

9 MANAGEMENT

10 (LIMITATION ON EXPENSES)

11 For fiscal year 2002, the Commodity Credit Corpora12 tion shall not expend more than $5,000,000 for site inves13 tigation and cleanup expenses, and operations and mainte14 nance expenses to comply with the requirement of section

15 107(g) of the Comprehensive Environmental Response,

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

17 section 6001 of the Resource Conservation and Recovery

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

19 TITLE II

20 CONSERVATION PROGRAMS

21 OFFICE OF THE UNDER SECRETARY FOR NATURAL

22 RESOURCES AND ENVIRONMENT

23 For necessary salaries and expenses of the Office of

24 the Under Secretary for Natural Resources and Environ25 ment to administer the laws enacted by the Congress for
32

S 1191 PCS

1 the Forest Service and the Natural Resources Conserva2 tion Service, $730,000.

3 NATURAL RESOURCES CONSERVATION SERVICE

4 CONSERVATION OPERATIONS

5 For necessary expenses for carrying out the provi6 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f),

7 including preparation of conservation plans and establish8 ment of measures to conserve soil and water (including

9 farm irrigation and land drainage and such special meas10 ures for soil and water management as may be necessary

11 to prevent floods and the siltation of reservoirs and to con12 trol agricultural related pollutants); operation of conserva13 tion plant materials centers; classification and mapping of

14 soil; dissemination of information; acquisition of lands,

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

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

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

18 3, 1956 (7 U.S.C. 428a); purchase and erection or alter19 ation or improvement of permanent and temporary build20 ings; and operation and maintenance of aircraft,

21 $802,454,000, to remain available until expended (7

22 U.S.C. 2209b), of which not less than $8,515,000 is for

23 snow survey and water forecasting, and not less than

24 $9,849,000 is for operation and establishment of the plant

25 materials centers: Provided, That appropriations here-
33

S 1191 PCS

1 under shall be available pursuant to 7 U.S.C. 2250 for

2 construction and improvement of buildings and public im3 provements at plant materials centers, except that the cost

4 of alterations and improvements to other buildings and

5 other public improvements shall not exceed $250,000: Pro6 vided further, That when buildings or other structures are

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

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

9 further, That this appropriation shall be available for tech10 nical assistance and related expenses to carry out pro11 grams authorized by section 202(c) of title II of the Colo12 rado River Basin Salinity Control Act of 1974 (43 U.S.C.

13 1592(c)): Provided further, That this appropriation shall

14 be available for employment pursuant to the second sen15 tence of section 706(a) of the Organic Act of 1944 (7

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

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

18 That qualified local engineers may be temporarily em19 ployed at per diem rates to perform the technical planning

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

21 WATERSHED SURVEYS AND PLANNING

22 For necessary expenses to conduct research, inves23 tigation, and surveys of watersheds of rivers and other wa24 terways, and for small watershed investigations and plan25 ning, in accordance with the Watershed Protection and

26 Flood Prevention Act approved August 4, 1954 (16 U.S.C.
34

S 1191 PCS

1 1001–1009), $10,960,000: Provided, That this appropria2 tion shall be available for employment pursuant to the sec3 ond sentence of section 706(a) of the Organic Act of 1944

4 (7 U.S.C. 2225), and not to exceed $110,000 shall be

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

6 WATERSHED AND FLOOD PREVENTION OPERATIONS

7 For necessary expenses to carry out preventive meas8 ures, including but not limited to research, engineering op9 erations, methods of cultivation, the growing of vegetation,

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

11 in accordance with the Watershed Protection and Flood

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

13 1001–1005 and 1007–1009), the provisions of the Act of

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

15 with the provisions of laws relating to the activities of the

16 Department, $100,413,000, to remain available until ex17 pended (7 U.S.C. 2209b) (of which up to $15,000,000

18 may be available for the watersheds authorized under the

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

20 701 and 16 U.S.C. 1006a)): Provided, That not to exceed

21 $45,514,000 of this appropriation shall be available for

22 technical assistance: Provided further, That this appro23 priation shall be available for employment pursuant to the

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

25 1944 (7 U.S.C. 2225), and not to exceed $200,000 shall

26 be available for employment under 5 U.S.C. 3109: Pro-
35

S 1191 PCS

1 vided further, That not to exceed $1,000,000 of this appro2 priation is available to carry out the purposes of the En3 dangered Species Act of 1973 (Public Law 93–205), in4 cluding cooperative efforts as contemplated by that Act

5 to relocate endangered or threatened species to other suit6 able habitats as may be necessary to expedite project con7 struction.

8 WATERSHED REHABILITATION PROGRAM

9 For necessary expenses to carry out rehabilitation of

10 structural measures, in accordance with section 14 of the

11 Watershed Protection and Flood Prevention Act approved

12 August 4, 1954 (16 U.S.C. 1001 et seq.), as amended by

13 section 313 of Public Law 106–472, November 9, 2000

14 (16 U.S.C. 1012), and in accordance with the provisions

15 of laws relating to the activities of the Department,

16 $10,000,000, to remain available until expended.

17 RESOURCE CONSERVATION AND DEVELOPMENT

18 For necessary expenses in planning and carrying out

19 projects for resource conservation and development and

20 for sound land use pursuant to the provisions of section

21 32(e) of title III of the Bankhead-Jones Farm Tenant Act

22 (7 U.S.C. 1010–1011; 76 Stat. 607); the Act of April 27,

23 1935 (16 U.S.C. 590a–f); and the Agriculture and Food

24 Act of 1981 (16 U.S.C. 3451–3461), $48,048,000, to re25 main available until expended (7 U.S.C. 2209b): Provided,

26 That this appropriation shall be available for employment
36

S 1191 PCS

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

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

3 $50,000 shall be available for employment under 5 U.S.C.

4 3109.

5 FORESTRY INCENTIVES PROGRAM

6 For necessary expenses, not otherwise provided for,

7 to carry out the program of forestry incentives, as author8 ized by the Cooperative Forestry Assistance Act of 1978

9 (16 U.S.C. 2101), including technical assistance and re10 lated expenses, $7,811,000, to remain available until ex11 pended, as authorized by that Act.

12 TITLE III

13 RURAL DEVELOPMENT PROGRAMS

14 OFFICE OF THE UNDER SECRETARY FOR RURAL

15 DEVELOPMENT

16 For necessary salaries and expenses of the Office of

17 the Under Secretary for Rural Development to administer

18 programs under the laws enacted by the Congress for the

19 Rural Housing Service, the Rural Business-Cooperative

20 Service, and the Rural Utilities Service of the Department

21 of Agriculture, $623,000.

22 RURAL COMMUNITY ADVANCEMENT PROGRAM

23 (INCLUDING TRANSFERS OF FUNDS)

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

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

26 1926d, and 1932, except for sections 381E–H, 381N, and
37

S 1191 PCS

1 381O of the Consolidated Farm and Rural Development

2 Act, $1,004,125,000, to remain available until expended,

3 of which $83,903,000 shall be for rural community pro4 grams described in section 381E(d)(1) of such Act; of

5 which $842,254,000 shall be for the rural utilities pro6 grams described in sections 381E(d)(2), 306C(a)(2), and

7 306D of such Act; and of which $77,968,000 shall be for

8 the rural business and cooperative development programs

9 described in sections 381E(d)(3) and 310B(f) of such Act:

10 Provided, That of the total amount appropriated in this

11 account, $24,000,000 shall be for loans and grants to ben12 efit Federally Recognized Native American Tribes, of

13 which $1,000,000 shall be available for rural business op14 portunity grants under section 306(a)(11) of that Act (7

15 U.S.C. 1926(a)(11)); $4,000,000 shall be available for

16 community facilities grants for tribal college improvements

17 under section 306(a)(19) of that Act (7 U.S.C.

18 1926(a)(19)); $16,000,000 shall be available for grants

19 for drinking water and waste disposal systems pursuant

20 to section 306C of such Act (7 U.S.C. 1926(c)) to benefit

21 Federally Recognized Native American Tribes that are not

22 eligible to receive funds under any other rural utilities pro23 gram set-aside under the rural community advancement

24 program; and $3,000,000 shall be available for rural busi25 ness enterprise grants under section 310B(c) of that Act
38

S 1191 PCS

1 (7 U.S.C. 1932(c)), of which $250,000 shall be available

2 for a grant to a qualified national organization to provide

3 technical assistance for rural transportation in order to

4 promote economic development: Provided further, That of

5 the amount appropriated for rural community programs,

6 $6,000,000 shall be available for a Rural Community De7 velopment Initiative: Provided further, That such funds

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

9 private, nonprofit community-based housing and commu10 nity development organizations, low-income rural commu11 nities, and Federally Recognized Native American tribes

12 to undertake projects to improve housing, community fa13 cilities, community and economic development projects in

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

15 made available to qualified private, nonprofit and public

16 intermediary organizations proposing to carry out a pro17 gram of financial and technical assistance: Provided fur18 ther, That such intermediary organizations shall provide

19 matching funds from other sources, including Federal

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

21 funds provided: Provided further, That of the amount ap22 propriated for the rural business and cooperative develop23 ment programs, not to exceed $500,000 shall be made

24 available for a grant to a qualified national organization

25 to provide technical assistance for rural transportation in
39

S 1191 PCS

1 order to promote economic development; and $2,000,000

2 shall be for grants to Mississippi Delta Region counties:

3 Provided further, That of the amount appropriated for

4 rural utilities programs, not to exceed $20,000,000 shall

5 be for water and waste disposal systems to benefit the

6 Colonias along the United States/Mexico borders, includ7 ing grants pursuant to section 306C of such Act; not to

8 exceed $24,000,000 shall be for water and waste disposal

9 systems for rural and native villages in Alaska pursuant

10 to section 306D of such Act, with up to one percent avail11 able to administer the program and up to one percent

12 available to improve interagency coordination may be

13 transferred to and merged with the appropriation for

14 ‘‘Rural Development, Salaries and Expenses’’; not to ex15 ceed $17,215,000 shall be for technical assistance grants

16 for rural water and waste systems pursuant to section

17 306(a)(14) of such Act; and not to exceed $9,500,000

18 shall be for contracting with qualified national organiza19 tions for a circuit rider program to provide technical as20 sistance for rural water systems: Provided further, That

21 of the total amount appropriated, not to exceed

22 $37,624,000 shall be available through June 30, 2002, for

23 authorized empowerment zones and enterprise commu24 nities and communities designated by the Secretary of Ag25 riculture as Rural Economic Area Partnership Zones, of
40

S 1191 PCS

1 which $1,163,000 shall be for the rural community pro2 grams described in section 381E(d)(1) of such Act, of

3 which $27,431,000 shall be for the rural utilities programs

4 described in section 381E(d)(2) of such Act, and of which

5 $9,030,000 shall be for the rural business and cooperative

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

7 such Act: Provided further, That of the amount appro8 priated for rural community programs, not to exceed

9 $25,000,000 shall be to provide grants for facilities in

10 rural communities with extreme unemployment and severe

11 economic depression: Provided further, That of the amount

12 appropriated $30,000,000 shall be to provide grants in

13 rural communities with extremely high energy costs: Pro14 vided further, That any prior year balances for high cost

15 energy grants authorized by section 19 of the Rural Elec16 trification Act of 1936 (7 U.S.C. 901(19)) shall be trans17 ferred to and merged with the ‘‘Rural Utilities Service,

18 High Energy Costs Grants’’ account.

19 RURAL DEVELOPMENT SALARIES AND EXPENSES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses for carrying out the adminis22 tration and implementation of programs in the Rural De23 velopment mission area, including activities with institu24 tions concerning the development and operation of agricul25 tural cooperatives; and for cooperative agreements;

26 $133,722,000: Provided, That this appropriation shall be
41

S 1191 PCS

1 available for employment pursuant to the second sentence

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

3 2225), and not to exceed $1,000,000 may be used for em4 ployment under 5 U.S.C. 3109: Provided further, That not

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

6 nonmonetary awards to non-USDA employees: Provided

7 further, That any balances available from prior years for

8 the Rural Utilities Service, Rural Housing Service, and

9 the Rural Business-Cooperative Service salaries and ex10 penses accounts shall be transferred to and merged with

11 this account.

12 RURAL HOUSING SERVICE

13 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For gross obligations for the principal amount of di16 rect and guaranteed loans as authorized by title V of the

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

18 rural housing insurance fund, as follows: $4,233,014,000

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

20 Secretary, of which $3,137,968,000 shall be for unsub21 sidized guaranteed loans; $32,324,000 for section 504

22 housing repair loans; $99,770,000 for section 538 guaran23 teed multi-family housing loans; $114,068,000 for section

24 515 rental housing; $5,090,000 for section 524 site loans;

25 $11,778,000 for credit sales of acquired property, of which

26 up to $1,778,000 may be for multi-family credit sales; and
42

S 1191 PCS

1 $5,000,000 for section 523 self-help housing land develop2 ment loans.

3 For the cost of direct and guaranteed loans, including

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

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

6 502 loans, $184,274,000 of which $40,166,000 shall be

7 for unsubsidized guaranteed loans; section 504 housing re8 pair loans, $10,386,000; section 538 multi-family housing

9 guaranteed loans, $3,921,000; section 515 rental housing,

10 $48,274,000; section 524 site loans, $28,000; multi-family

11 credit sales of acquired property, $750,000; and section

12 523 self-help housing land development loans, $254,000:

13 Provided, That of the total amount appropriated in this

14 paragraph, $11,656,000 shall be available through June

15 30, 2002, for authorized empowerment zones and enter16 prise communities and communities designated by the Sec17 retary of Agriculture as Rural Economic Area Partnership

18 Zones.

19 In addition, for administrative expenses necessary to

20 carry out the direct and guaranteed loan programs,

21 $422,241,000, which shall be transferred to and merged

22 with the appropriation for ‘‘Rural Development, Salaries

23 and Expenses’’.

24 RENTAL ASSISTANCE PROGRAM

25 For rental assistance agreements entered into or re26 newed pursuant to the authority under section 521(a)(2)
43

S 1191 PCS

1 or agreements entered into in lieu of debt forgiveness or

2 payments for eligible households as authorized by section

3 502(c)(5)(D) of the Housing Act of 1949, $708,504,000;

4 and, in addition, such sums as may be necessary, as au5 thorized by section 521(c) of the Act, to liquidate debt

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

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

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

9 shall be available for debt forgiveness or payments for eli10 gible households as authorized by section 502(c)(5)(D) of

11 the Act, and not to exceed $10,000 per project for ad12 vances to nonprofit organizations or public agencies to

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

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

15 the Act: Provided further, That agreements entered into

16 or renewed during fiscal year 2002 shall be funded for

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

18 may be extended to fully utilize amounts obligated.

19 MUTUAL AND SELF-HELP HOUSING GRANTS

20 For grants and contracts pursuant to section

21 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.

22 1490c), $35,000,000, to remain available until expended

23 (7 U.S.C. 2209b): Provided, That of the total amount ap24 propriated, $1,000,000 shall be available through June

25 30, 2002, for authorized empowerment zones and enter26 prise communities and communities designated by the Sec-
44

S 1191 PCS

1 retary of Agriculture as Rural Economic Area Partnership

2 Zones.

3 RURAL HOUSING ASSISTANCE GRANTS

4 For grants and contracts for very low-income housing

5 repair, supervisory and technical assistance, compensation

6 for construction defects, and rural housing preservation

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

8 U.S.C. 1474, 1479(c), 1490e, and 1490m, $38,914,000,

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

10 total amount appropriated, $1,200,000 shall be available

11 through June 30, 2002, for authorized empowerment

12 zones and enterprise communities and communities des13 ignated by the Secretary of Agriculture as Rural Economic

14 Area Partnership Zones.

15 FARM LABOR PROGRAM ACCOUNT

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

17 as authorized by 42 U.S.C. 1484 and 1486, $28,431,000,

18 to remain available until expended, for direct farm labor

19 housing loans and domestic farm labor housing grants and

20 contracts.

21 RURAL BUSINESS-COOPERATIVE SERVICE

22 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 For the cost of direct loans, $16,494,000, as author25 ized by the Rural Development Loan Fund (42 U.S.C.

26 9812(a)), of which $1,724,000 shall be for Federally Rec-
45

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1 ognized Native American Tribes and of which $3,449,000

2 shall be for Mississippi Delta Region counties (as defined

3 by Public Law 100–460): Provided, That such costs, in4 cluding the cost of modifying such loans, shall be as de5 fined in section 502 of the Congressional Budget Act of

6 1974: Provided further, That these funds are available to

7 subsidize gross obligations for the principal amount of di8 rect loans of $38,171,000: Provided further, That of the

9 total amount appropriated, $2,730,000 shall be available

10 through June 30, 2002, for the cost of direct loans for

11 authorized empowerment zones and enterprise commu12 nities and communities designated by the Secretary of Ag13 riculture as Rural Economic Area Partnership Zones.

14 In addition, for administrative expenses to carry out

15 the direct loan programs, $3,733,000 shall be transferred

16 to and merged with the appropriation for ‘‘Rural Develop17 ment, Salaries and Expenses’’.

18 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

19 ACCOUNT

20 (INCLUDING RESCISSION OF FUNDS)

21 For the principal amount of direct loans, as author22 ized under section 313 of the Rural Electrification Act,

23 for the purpose of promoting rural economic development

24 and job creation projects, $14,966,000.
46

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

2 modifying loans as defined in section 502 of the Congres3 sional Budget Act of 1974, $3,616,000.

4 Of the funds derived from interest on the cushion of

5 credit payments in fiscal year 2002, as authorized by sec6 tion 313 of the Rural Electrification Act of 1936,

7 $3,616,000 shall not be obligated and $3,616,000 are re8 scinded.

9 RURAL COOPERATIVE DEVELOPMENT GRANTS

10 For rural cooperative development grants authorized

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

12 Rural Development Act (7 U.S.C. 1932), $8,000,000, of

13 which $2,000,000 shall be available for cooperative agree14 ments for the appropriate technology transfer for rural

15 areas program: Provided, That not to exceed $1,497,000

16 of the total amount appropriated shall be made available

17 to cooperatives or associations of cooperatives whose pri18 mary focus is to provide assistance to small, minority pro19 ducers and whose governing board and/or membership is

20 comprised of at least 75 percent minority.

21 RURAL EMPOWERMENT ZONES AND ENTERPRISE

22 COMMUNITIES GRANTS

23 For grants in connection with a second round of em24 powerment zones and enterprise communities,

25 $14,967,000, to remain available until expended, for des26 ignated rural empowerment zones and rural enterprise
47

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1 communities as authorized in the Taxpayer Relief Act of

2 1997.

3 RURAL UTILITIES SERVICE

4 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

5 LOANS PROGRAM ACCOUNT

6 (INCLUDING TRANSFERS OF FUNDS)

7 Insured loans pursuant to the authority of section

8 305 of the Rural Electrification Act of 1936 (7 U.S.C.

9 935) shall be made as follows: 5 percent rural electrifica10 tion loans, $121,107,000; 5 percent rural telecommuni11 cations loans, $74,827,000; cost of money rural tele12 communications loans, $300,000,000; municipal rate rural

13 electric loans, $500,000,000; and loans made pursuant to

14 section 306 of that Act, rural electric, $2,700,000,000 and

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

16 $750,000,000 for Treasury rate direct electric loans.

17 For the cost, as defined in section 502 of the Con18 gressional Budget Act of 1974, including the cost of modi19 fying loans, of direct and guaranteed loans authorized by

20 the Rural Electrification Act of 1936, as follows: cost of

21 rural electric loans, $3,689,000, and the cost of tele22 communication loans, $2,036,000: Provided, That not23 withstanding section 305(d)(2) of the Rural Electrifica24 tion Act of 1936, borrower interest rates may exceed 7

25 percent per year.
48

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1 In addition, for administrative expenses necessary to

2 carry out the direct and guaranteed loan programs,

3 $36,000,000, which shall be transferred to and merged

4 with the appropriation for ‘‘Rural Development, Salaries

5 and Expenses’’.

6 RURAL TELEPHONE BANK PROGRAM ACCOUNT

7 (INCLUDING TRANSFERS OF FUNDS)

8 The Rural Telephone Bank is hereby authorized to

9 make such expenditures, within the limits of funds avail10 able to such corporation in accord with law, and to make

11 such contracts and commitments without regard to fiscal

12 year limitations as provided by section 104 of the Govern13 ment Corporation Control Act, as may be necessary in car14 rying out its authorized programs. During fiscal year 2002

15 and within the resources and authority available, gross ob16 ligations for the principal amount of direct loans shall be

17 $174,615,000.

18 For the cost, as defined in section 502 of the Con19 gressional Budget Act of 1974, including the cost of modi20 fying loans, of direct loans authorized by the Rural Elec21 trification Act of 1936 (7 U.S.C. 935), $3,737,000.

22 In addition, for administrative expenses, including

23 audits, necessary to carry out the loan programs,

24 $3,082,000, which shall be transferred to and merged with

25 the appropriation for ‘‘Rural Development, Salaries and

26 Expenses’’.
49

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1 DISTANCE LEARNING AND TELEMEDICINE PROGRAM

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

3 by 7 U.S.C. 950aaa et seq., $51,941,000, to remain avail4 able until expended, to be available for loans and grants

5 for telemedicine and distance learning services in rural

6 areas: Provided, That, $25,000,000 may be available for

7 a loan and grant program to finance broadband trans8 mission and local dial-up Internet service in areas that

9 meet the definition of ‘‘rural area’’ used for the Distance

10 Learning and Telemedicine Program authorized by 7

11 U.S.C. 950aaa: Provided, That the cost of direct loans

12 shall be as defined in section 502 of the Congressional

13 Budget Act of 1974.

14 LOCAL TELEVISION LOAN GUARANTEE PROGRAM

15 ACCOUNT

16 For gross obligations for the principal amount of

17 guaranteed loans, as authorized by Title X of Public Law

18 106–553 for the purpose of facilitating access to signals

19 of local television stations for households located in non20 served areas and underserved areas, $322,580,000.

21 For the cost of guaranteed loans, including the cost

22 of modifying loans as defined in section 502 of the Con23 gressional Budget Act of 1974, $25,000,000.

24 In addition, for administrative expenses necessary to

25 carry out the guaranteed loan program, $2,000,000, which
50

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1 shall be transferred to and merged with the appropriation

2 for ‘‘Rural Development, Salaries and Expenses’’.

3 TITLE IV

4 DOMESTIC FOOD PROGRAMS

5 OFFICE OF THE UNDER SECRETARY FOR FOOD,

6 NUTRITION AND CONSUMER SERVICES

7 For necessary salaries and expenses of the Office of

8 the Under Secretary for Food, Nutrition and Consumer

9 Services to administer the laws enacted by the Congress

10 for the Food and Nutrition Service, $587,000.

11 FOOD AND NUTRITION SERVICE

12 CHILD NUTRITION PROGRAMS

13 (INCLUDING TRANSFERS OF FUNDS)

14 For necessary expenses to carry out the National

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

16 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771

17 et seq.), except sections 17 and 21; $10,087,246,000, to

18 remain available through September 30, 2003, of which

19 $4,746,538,000 is hereby appropriated and

20 $5,340,708,000 shall be derived by transfer from funds

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

22 (7 U.S.C. 612c): Provided, That none of the funds made

23 available under this heading shall be used for studies and

24 evaluations: Provided further, That of the funds made

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

26 School Breakfast Program startup grant pilot program for
51

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1 the State of Wisconsin: Provided further, That up to

2 $4,507,000 shall be available for independent verification

3 of school food service claims.

4 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

5 WOMEN, INFANTS, AND CHILDREN (WIC)

6 For necessary expenses to carry out the special sup7 plemental nutrition program as authorized by section 17

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

9 $4,247,086,000, to remain available through September

10 30, 2003: Provided, That none of the funds made available

11 under this heading shall be used for studies and evalua12 tions: Provided further, That of the total amount available,

13 the Secretary shall obligate $20,000,000 for the farmers’

14 market nutrition program within 45 days of the enactment

15 of this Act, and an additional $5,000,000 for the farmers’

16 market nutrition program upon a determination by the

17 Secretary that funds are available to meet caseload re18 quirements: Provided further, That notwithstanding sec19 tion 17(h)(10)(A) of such Act, up to $14,000,000 shall

20 be available for the purposes specified in section

21 17(h)(10)(B), no less than $6,000,000 of which shall be

22 used for the development of electronic benefit transfer sys23 tems: Provided further, That none of the funds in this Act

24 shall be available to pay administrative expenses of WIC

25 clinics except those that have an announced policy of pro26 hibiting smoking within the space used to carry out the
52

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1 program: Provided further, That none of the funds pro2 vided in this account shall be available for the purchase

3 of infant formula except in accordance with the cost con4 tainment and competitive bidding requirements specified

5 in section 17 of such Act: Provided further, That none of

6 the funds provided shall be available for activities that are

7 not fully reimbursed by other Federal Government depart8 ments or agencies unless authorized by section 17 of such

9 Act: Provided further, That once the amount for fiscal year

10 2001 carryover funds has been determined by the Sec11 retary, any funds in excess of $110,000,000 may be trans12 ferred by the Secretary of Agriculture to the Rural Com13 munity Advancement Program and shall remain available

14 until expended.

15 FOOD STAMP PROGRAM

16 For necessary expenses to carry out the Food Stamp

17 Act (7 U.S.C. 2011 et seq.), $21,091,986,000, of which

18 $100,000,000 shall be placed in reserve for use only in

19 such amounts and at such times as may become necessary

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

21 funds made available under this heading and not already

22 appropriated to the Food Distribution Program on Indian

23 Reservations (FDPIR) established under section 4(b) of

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

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

26 FDPIR: Provided further, That the Secretary shall pur-
53

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1 chase such bison from Native American producers and Co2 operative Organizations without competition: Provided fur3 ther, That none of the funds made available under this

4 heading shall be used for studies and evaluations: Provided

5 further, That funds provided herein shall be expended in

6 accordance with section 16 of the Food Stamp Act: Pro7 vided further, That this appropriation shall be subject to

8 any work registration or workfare requirements as may

9 be required by law: Provided further, That of funds that

10 may be reserved by the Secretary for allocation to State

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

12 Employment and Training programs, not more than

13 $145,000,000 made available in previous years may be ob14 ligated in fiscal year 2002: Provided further, That funds

15 made available for Employment and Training under this

16 heading shall remain available until expended, as author17 ized by section 16(h)(1) of the Food Stamp Act: Provided

18 further, That funds provided under this heading may be

19 used to procure food coupons necessary for program oper20 ations in this or subsequent fiscal years until electronic

21 benefit transfer implementation is complete.

22 COMMODITY ASSISTANCE PROGRAM

23 (INCLUDING RESCISSION)

24 For necessary expenses to carry out the commodity

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

26 of the Agriculture and Consumer Protection Act of 1973
54

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1 (7 U.S.C. 612c note) and the Emergency Food Assistance

2 Act of 1983, $139,991,000, to remain available through

3 September 30, 2003: Provided, That none of these funds

4 shall be available to reimburse the Commodity Credit Cor5 poration for commodities donated to the program: Pro6 vided further, That $5,300,000 of unobligated balances

7 available at the beginning of fiscal year 2002 are hereby

8 rescinded.

9 FOOD DONATIONS PROGRAMS

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

11 the Agriculture and Consumer Protection Act of 1973;

12 special assistance for the nuclear affected islands as au13 thorized by section 103(h)(2) of the Compacts of Free As14 sociation Act of 1985, as amended; and section 311 of the

15 Older Americans Act of 1965, $150,749,000, to remain

16 available through September 30, 2003.

17 FOOD PROGRAM ADMINISTRATION

18 For necessary administrative expenses of the domes19 tic food programs funded under this Act, $127,546,000,

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

21 procedures, reducing overhead costs, tightening regula22 tions, improving food stamp benefit delivery, and assisting

23 in the prevention, identification, and prosecution of fraud

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

25 $6,500,000 shall be available to improve integrity in the

26 Food Stamp and Child Nutrition programs: Provided,
55

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1 That this appropriation shall be available for employment

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

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

4 $150,000 shall be available for employment under 5

5 U.S.C. 3109.

6 TITLE V

7 FOREIGN ASSISTANCE AND RELATED

8 PROGRAMS

9 FOREIGN AGRICULTURAL SERVICE

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses of the Foreign Agricultural

13 Service, including carrying out title VI of the Agricultural

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

15 activities abroad, and for enabling the Secretary to coordi16 nate and integrate activities of the Department in connec17 tion with foreign agricultural work, including not to exceed

18 $158,000 for representation allowances and for expenses

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

20 (7 U.S.C. 1766), $121,563,000: Provided, That the Serv21 ice may utilize advances of funds, or reimburse this appro22 priation for expenditures made on behalf of Federal agen23 cies, public and private organizations and institutions

24 under agreements executed pursuant to the agricultural

25 food production assistance programs (7 U.S.C. 1737) and
56

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1 the foreign assistance programs of the United States

2 Agency for International Development.

3 None of the funds in the foregoing paragraph shall

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

5 tobacco products.

6 PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

7 (INCLUDING TRANSFERS OF FUNDS)

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

10 Agricultural Trade Development and Assistance Act of

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

12 the cost of modifying credit arrangements under said Acts,

13 $130,218,000, to remain available until expended.

14 In addition, for administrative expenses to carry out

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

16 Food for Progress Act of 1985, to the extent funds appro17 priated for Public Law 83–480 are utilized, $2,005,000,

18 of which $1,033,000 may be transferred to and merged

19 with the appropriation for ‘‘Foreign Agricultural Service,

20 Salaries and Expenses’’, and of which $972,000 may be

21 transferred to and merged with the appropriation for

22 ‘‘Farm Service Agency, Salaries and Expenses’’.
57

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1 PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL

2 GRANTS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For expenses during the current fiscal year, not oth5 erwise recoverable, and unrecovered prior years’ costs, in6 cluding interest thereon, under the Agricultural Trade De7 velopment and Assistance Act of 1954, $20,277,000, to

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

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

12 freight differential may be used interchangeably between

13 the two accounts with prior notice to the Committees on

14 Appropriations of both Houses of Congress.

15 PUBLIC LAW 480 TITLE II GRANTS

16 For expenses during the current fiscal year, not oth17 erwise recoverable, and unrecovered prior years’ costs, in18 cluding interest thereon, under the Agricultural Trade De19 velopment and Assistance Act of 1954, $850,000,000, to

20 remain available until expended, for commodities supplied

21 in connection with dispositions abroad under title II of

22 said Act.
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1 COMMODITY CREDIT CORPORATION EXPORT LOANS

2 PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

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

6 GSM 102 and GSM 103, $4,014,000; to cover common

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

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

10 $3,224,000 may be transferred to and merged with the

11 appropriation for ‘‘Foreign Agricultural Service, Salaries

12 and Expenses’’, and of which $790,000 may be trans13 ferred to and merged with the appropriation for ‘‘Farm

14 Service Agency, Salaries and Expenses’’.

15 TITLE VI

16 RELATED AGENCIES AND FOOD AND DRUG

17 ADMINISTRATION

18 DEPARTMENT OF HEALTH AND HUMAN

19 SERVICES

20 FOOD AND DRUG ADMINISTRATION

21 SALARIES AND EXPENSES

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

24 motor vehicles; for payment of space rental and related

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

26 activities of the Food and Drug Administration which are
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1 included in this Act; for rental of special purpose space

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

4 authorized and approved by the Secretary and to be ac5 counted for solely on the Secretary’s certificate, not to ex6 ceed $25,000; $1,344,386,000, of which not to exceed

7 $161,716,000 to be derived from prescription drug user

8 fees authorized by 21 U.S.C. 379(h), including any such

9 fees assessed prior to the current fiscal year but credited

10 during the current year, in accordance with section

11 736(g)(4), shall be credited to this appropriation and re12 main available until expended: Provided, That fees derived

13 from applications received during fiscal year 2002 shall

14 be subject to the fiscal year 2002 limitation: Provided fur15 ther, That none of these funds shall be used to develop,

16 establish, or operate any program of user fees authorized

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

18 amount appropriated: (1) $310,926,000 shall be for the

19 Center for Food Safety and Applied Nutrition and related

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

21 $350,578,000 shall be for the Center for Drug Evaluation

22 and Research and related field activities in the Office of

23 Regulatory Affairs, of which no less than $14,207,000

24 shall be available for grants and contracts awarded under

25 section 5 of the Orphan Drug Act (21 U.S.C. 360ee); (3)
60

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1 $155,431,000 shall be for the Center for Biologics Evalua2 tion and Research and for related field activities in the

3 Office of Regulatory Affairs; (4) $81,182,000 shall be for

4 the Center for Veterinary Medicine and for related field

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

6 $178,761,000 shall be for the Center for Devices and Ra7 diological Health and for related field activities in the Of8 fice of Regulatory Affairs; (6) $36,984,000 shall be for

9 the National Center for Toxicological Research; (7)

10 $31,798,000 shall be for Rent and Related activities, other

11 than the amounts paid to the General Services Adminis12 tration, of which $6,000,000 for costs related to occu13 pancy of new facilities at White Oak, Maryland shall re14 main available until September 30, 2003; (8)

15 $105,116,000 shall be for payments to the General Serv16 ices Administration for rent and related costs; and (9)

17 $93,610,000 shall be for other activities, including the Of18 fice of the Commissioner; the Office of Management and

19 Systems; the Office of the Senior Associate Commissioner;

20 the Office of International and Constituent Relations; the

21 Office of Policy, Legislation, and Planning; and central

22 services for these offices: Provided further, That funds

23 may be transferred from one specified activity to another

24 with the prior approval of the Committees on Appropria25 tions of both Houses of Congress.
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1 In addition, mammography user fees authorized by

2 42 U.S.C. 263(b) may be credited to this account, to re3 main available until expended.

4 In addition, export certification user fees authorized

5 by 21 U.S.C. 381 may be credited to this account, to re6 main available until expended.

7 BUILDINGS AND FACILITIES

8 For plans, construction, repair, improvement, exten9 sion, alteration, and purchase of fixed equipment or facili10 ties of or used by the Food and Drug Administration,

11 where not otherwise provided, $34,281,000, to remain

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

13 INDEPENDENT AGENCIES

14 COMMODITY FUTURES TRADING COMMISSION

15 For necessary expenses to carry out the provisions

16 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in17 cluding the purchase and hire of passenger motor vehicles;

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

19 District of Columbia and elsewhere; and not to exceed

20 $25,000 for employment under 5 U.S.C. 3109,

21 $70,400,000, including not to exceed $2,000 for official

22 reception and representation expenses.

23 FARM CREDIT ADMINISTRATION

24 LIMITATION ON ADMINISTRATIVE EXPENSES

25 Not to exceed $36,700,000 (from assessments col26 lected from farm credit institutions and from the Federal
62

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1 Agricultural Mortgage Corporation) shall be obligated

2 during the current fiscal year for administrative expenses

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

4 limitation shall not apply to expenses associated with re5 ceiverships.

6 TITLE VII—GENERAL PROVISIONS

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

8 appropriations and authorizations made for the Depart9 ment of Agriculture for fiscal year 2002 under this Act

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

11 specifically provided for, of not to exceed 379 passenger

12 motor vehicles, of which 378 shall be for replacement only,

13 and for the hire of such vehicles.

14 SEC. 702. Funds in this Act available to the Depart15 ment of Agriculture shall be available for uniforms or al16 lowances therefor as authorized by law (5 U.S.C. 5901–

17 5902).

18 SEC. 703. Not less than $1,500,000 of the appropria19 tions of the Department of Agriculture in this Act for re20 search and service work authorized by sections 1 and 10

21 of the Act of June 29, 1935 (7 U.S.C. 427, 427i; com22 monly known as the Bankhead-Jones Act), subtitle A of

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

24 (7 U.S.C. 1621 et seq.), and chapter 63 of title 31, United
63

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1 States Code, shall be available for contracting in accord2 ance with such Acts and chapter.

3 SEC. 704. The Secretary of Agriculture may transfer

4 unobligated balances of funds appropriated by this Act or

5 other available unobligated balances of the Department of

6 Agriculture to the Working Capital Fund for the acquisi7 tion of plant and capital equipment necessary for the deliv8 ery of financial, administrative, and information tech9 nology services of primary benefit to the agencies of the

10 Department of Agriculture: Provided, That none of the

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

12 be transferred to the Working Capital Fund without the

13 prior approval of the agency administrator: Provided fur14 ther, That none of the funds transferred to the Working

15 Capital Fund pursuant to this section shall be available

16 for obligation without the prior approval of the Commit17 tees on Appropriations of both Houses of Congress.

18 SEC. 705. New obligational authority provided for the

19 following appropriation items in this Act shall remain

20 available until expended: Animal and Plant Health Inspec21 tion Service, the contingency fund to meet emergency con22 ditions, fruit fly program, integrated systems acquisition

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

24 screwworm program, and up to $2,000,000 for costs asso25 ciated with colocating regional offices; Food Safety and
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1 Inspection Service, field automation and information man2 agement project; Cooperative State Research, Education,

3 and Extension Service, funds for competitive research

4 grants (7 U.S.C. 450i(b)), funds for the Research, Edu5 cation and Economics Information System (REEIS), and

6 funds for the Native American Institutions Endowment

7 Fund; Farm Service Agency, salaries and expenses funds

8 made available to county committees; Foreign Agricultural

9 Service, middle-income country training program and up

10 to $2,000,000 of the Foreign Agricultural Service appro11 priation solely for the purpose of offsetting fluctuations

12 in international currency exchange rates, subject to docu13 mentation by the Foreign Agricultural Service.

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

15 this Act shall remain available for obligation beyond the

16 current fiscal year unless expressly so provided herein.

17 SEC. 707. Not to exceed $50,000 of the appropria18 tions available to the Department of Agriculture in this

19 Act shall be available to provide appropriate orientation

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

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

22 as the Agricultural Act of 1954).

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

24 used to pay negotiated indirect cost rates on cooperative

25 agreements or similar arrangements between the United
65

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1 States Department of Agriculture and nonprofit institu2 tions in excess of 10 percent of the total direct cost of

3 the agreement when the purpose of such cooperative ar4 rangements is to carry out programs of mutual interest

5 between the two parties. This does not preclude appro6 priate payment of indirect costs on grants and contracts

7 with such institutions when such indirect costs are com8 puted on a similar basis for all agencies for which appro9 priations are provided in this Act.

10 SEC. 709. None of the funds in this Act shall be avail11 able to restrict the authority of the Commodity Credit

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

13 on behalf of other agencies of the Department of Agri14 culture when such space will be jointly occupied.

15 SEC. 710. None of the funds in this Act shall be avail16 able to pay indirect costs charged against competitive agri17 cultural research, education, or extension grant awards

18 issued by the Cooperative State Research, Education, and

19 Extension Service that exceed 19 percent of total Federal

20 funds provided under each award: Provided, That notwith21 standing section 1462 of the National Agricultural Re22 search, Extension, and Teaching Policy Act of 1977 (7

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

24 awarded competitively by the Cooperative State Research,

25 Education, and Extension Service shall be available to pay
66

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1 full allowable indirect costs for each grant awarded under

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

3 SEC. 711. Notwithstanding any other provision of

4 this Act, all loan levels provided in this Act shall be consid5 ered estimates, not limitations.

6 SEC. 712. Appropriations to the Department of Agri7 culture for the cost of direct and guaranteed loans made

8 available in fiscal year 2002 shall remain available until

9 expended to cover obligations made in fiscal year 2002 for

10 the following accounts: the rural development loan fund

11 program account; the Rural Telephone Bank program ac12 count; the rural electrification and telecommunications

13 loans program account; the local television loan guarantee

14 program; the Rural Housing Insurance Fund Program

15 Account; and the rural economic development loans pro16 gram account.

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

18 United States Code, marketing services of the Agricultural

19 Marketing Service; the Grain Inspection, Packers and

20 Stockyards Administration; the Animal and Plant Health

21 Inspection Service; and the food safety activities of the

22 Food Safety and Inspection Service may use cooperative

23 agreements to reflect a relationship between the Agricul24 tural Marketing Service; the Grain Inspection, Packers

25 and Stockyards Administration; the Animal and Plant
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1 Health Inspection Service; or the Food Safety and Inspec2 tion Service and a state or cooperator to carry out agricul3 tural marketing programs, to carry out programs to pro4 tect the nation’s animal and plant resources, or to carry

5 out educational programs or special studies to improve the

6 safety of the nation’s food supply.

7 SEC. 714. None of the funds in this Act may be used

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

9 Rural Telephone Bank or to maintain any account or sub10 account within the accounting records of the Rural Tele11 phone Bank the creation of which has not specifically been

12 authorized by statute: Provided, That notwithstanding any

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

14 otherwise made available in this Act may be used to trans15 fer to the Treasury or to the Federal Financing Bank any

16 unobligated balance of the Rural Telephone Bank tele17 phone liquidating account which is in excess of current

18 requirements and such balance shall receive interest as set

19 forth for financial accounts in section 505(c) of the Fed20 eral Credit Reform Act of 1990.

21 SEC. 715. Of the funds made available by this Act,

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

23 expenses of activities related to all advisory committees,

24 panels, commissions, and task forces of the Department

25 of Agriculture, except for panels used to comply with nego-
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1 tiated rule makings and panels used to evaluate competi2 tively awarded grants.

3 SEC. 716. None of the funds appropriated by this Act

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

5 Inspection Act (21 U.S.C. 679a) or section 30 of the Poul6 try Products Inspection Act (21 U.S.C. 471).

7 SEC. 717. No employee of the Department of Agri8 culture may be detailed or assigned from an agency or

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

10 of the Department for more than 30 days unless the indi11 vidual’s employing agency or office is fully reimbursed by

12 the receiving agency or office for the salary and expenses

13 of the employee for the period of assignment.

14 SEC. 718. None of the funds appropriated or other15 wise made available to the Department of Agriculture

16 shall be used to transmit or otherwise make available to

17 any non-Department of Agriculture employee questions or

18 responses to questions that are a result of information re19 quested for the appropriations hearing process.

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

21 Department of Agriculture by this Act may be used to ac22 quire new information technology systems or significant

23 upgrades, as determined by the Office of the Chief Infor24 mation Officer, without the approval of the Chief Informa25 tion Officer and the concurrence of the Executive Informa-
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1 tion Technology Investment Review Board: Provided, That

2 notwithstanding any other provision of law, none of the

3 funds appropriated or otherwise made available by this

4 Act may be transferred to the Office of the Chief Informa5 tion Officer without the prior approval of the Committees

6 on Appropriations of both Houses of Congress.

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

8 or provided by previous Appropriations Acts to the agen9 cies funded by this Act that remain available for obligation

10 or expenditure in fiscal year 2002, or provided from any

11 accounts in the Treasury of the United States derived by

12 the collection of fees available to the agencies funded by

13 this Act, shall be available for obligation or expenditure

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

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

16 (3) increases funds or personnel by any means for any

17 project or activity for which funds have been denied or

18 restricted; (4) relocates an office or employees; (5) reorga19 nizes offices, programs, or activities; or (6) contracts out

20 or privatizes any functions or activities presently per21 formed by Federal employees; unless the Committees on

22 Appropriations of both Houses of Congress are notified

23 15 days in advance of such reprogramming of funds.

24 (b) None of the funds provided by this Act, or pro25 vided by previous Appropriations Acts to the agencies
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1 funded by this Act that remain available for obligation or

2 expenditure in fiscal year 2002, or provided from any ac3 counts in the Treasury of the United States derived by

4 the collection of fees available to the agencies funded by

5 this Act, shall be available for obligation or expenditure

6 for activities, programs, or projects through a reprogram7 ming of funds in excess of $500,000 or 10 percent, which8 ever is less, that: (1) augments existing programs,

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

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

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

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

13 personnel which would result in a change in existing pro14 grams, activities, or projects as approved by Congress; un15 less the Committees on Appropriations of both Houses of

16 Congress are notified 15 days in advance of such re17 programming of funds.

18 (c) The Secretary of Agriculture shall notify the Com19 mittees on Appropriations of both Houses of Congress be20 fore implementing a program or activity not carried out

21 during the previous fiscal year unless the program or ac22 tivity is funded by this Act or specifically funded by any

23 other Act.

24 SEC. 721. With the exception of funds needed to ad25 minister and conduct oversight of grants awarded and ob-
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1 ligations incurred prior to enactment of this Act, none of

2 the funds appropriated or otherwise made available by this

3 or any other Act may be used to pay the salaries and ex4 penses of personnel to carry out section 793 of Public Law

5 104–127, the Fund for Rural America (7 U.S.C. 2204f).

6 SEC. 722. None of the funds appropriated or other7 wise made available by this or any other Act shall be used

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

9 the transfer or obligation of fiscal year 2002 funds under

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

11 Initiative for Future Agriculture and Food Systems (7

12 U.S.C. 7621).

13 SEC. 723. None of the funds appropriated or other14 wise made available by this Act shall be used to pay the

15 salaries and expenses of personnel to carry out a conserva16 tion farm option program, as authorized by section 1240M

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

18 SEC. 724. None of the funds made available to the

19 Food and Drug Administration by this Act shall be used

20 to close or relocate, or to plan to close or relocate, the

21 Food and Drug Administration Division of Pharma22 ceutical Analysis in St. Louis, Missouri, outside the city

23 or county limits of St. Louis, Missouri.

24 SEC. 725. None of the funds made available to the

25 Food and Drug Administration by this Act shall be used
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1 to reduce the Detroit, Michigan, Food and Drug Adminis2 tration District Office below the operating and full-time

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

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

5 similarly modified office; or to reassign residence posts as6 signed to the Detroit District Office: Provided, That this

7 section shall not apply to Food and Drug Administration

8 field laboratory facilities or operations currently located

9 in Detroit, Michigan, except that field laboratory per10 sonnel shall be assigned to locations in the general vicinity

11 of Detroit, Michigan, pursuant to cooperative agreements

12 between the Food and Drug Administration and other lab13 oratory facilities associated with the State of Michigan.

14 SEC. 726. None of the funds appropriated by this Act

15 or any other Act shall be used to pay the salaries and

16 expenses of personnel who prepare or submit appropria17 tions language as part of the President’s Budget submis18 sion to the Congress of the United States for programs

19 under the jurisdiction of the Appropriations Subcommit20 tees on Agriculture, Rural Development, and Related

21 Agencies that assumes revenues or reflects a reduction

22 from the previous year due to user fees proposals that

23 have not been enacted into law prior to the submission

24 of the Budget unless such Budget submission identifies

25 which additional spending reductions should occur in the
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1 event the user fees proposals are not enacted prior to the

2 date of the convening of a committee of conference for

3 the fiscal year 2003 appropriations Act.

4 SEC. 727. None of the funds appropriated by this Act

5 shall be used to propose or issue rules, regulations, de6 crees, or orders for the purpose of implementation, or in

7 preparation for implementation, of the Kyoto Protocol

8 which was adopted on December 11, 1997, in Kyoto,

9 Japan.

10 SEC. 728. None of the funds made available by this

11 Act or any other Act may be used to close or relocate a

12 state Rural Development office unless or until cost effec13 tiveness and enhancement of program delivery have been

14 determined.

15 SEC. 729. Of any shipments of commodities made

16 pursuant to section 416(b) of the Agricultural Act of 1949

17 (7 U.S.C. 1431(b)), the Secretary of Agriculture shall, to

18 the extent practicable, direct that tonnage equal in value

19 to not more than $25,000,000 shall be made available to

20 foreign countries to assist in mitigating the effects of the

21 Human Immunodeficiency Virus and Acquired Immune

22 Deficiency Syndrome on communities, including the provi23 sion of—

24 (1) agricultural commodities to—
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1 (A) individuals with Human Immuno2 deficiency Virus or Acquired Immune Defi3 ciency Syndrome in the communities, and

4 (B) households in the communities, par5 ticularly individuals caring for orphaned chil6 dren; and

7 (2) agricultural commodities monetized to pro8 vide other assistance (including assistance under

9 microcredit and microenterprise programs) to create

10 or restore sustainable livelihoods among individuals

11 in the communities, particularly individuals caring

12 for orphaned children.

13 SEC. 730. In addition to amounts otherwise appro14 priated or made available by this Act, $1,996,000 is ap15 propriated for the purpose of providing Bill Emerson and

16 Mickey Leland Hunger Fellowships through the Congres17 sional Hunger Center.

18 SEC. 731. Refunds or rebates received on an on-going

19 basis from a credit card services provider under the De20 partment of Agriculture’s charge card programs may be

21 deposited to and retained without fiscal year limitation in

22 the Departmental Working Capital Fund established

23 under 7 U.S.C. 2235 and used to fund management initia24 tives of general benefit to the Department of Agriculture
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1 bureaus and offices as determined by the Secretary of Ag2 riculture or the Secretary’s designee.

3 SEC. 732. Notwithstanding section 412 of the Agri4 cultural Trade Development and Assistance Act of 1954

5 (7 U.S.C. 1736f) any balances available to carry out title

6 III of such Act as of the date of enactment of this Act,

7 and any recoveries and reimbursements that become avail8 able to carry out title III of such Act, may be used to

9 carry out title II of such Act.

10 SEC. 733. Of the funds made available under section

11 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et

12 seq.), the Secretary may use up to $5,000,000 for admin13 istrative costs associated with the distribution of commod14 ities.

15 SEC. 734. Notwithstanding any other provision of

16 law, the Secretary may transfer up to $26,000,000 in

17 funds provided for the Environmental Quality Incentives

18 Program authorized by Chapter 4, Subtitle D, Title XII

19 of the Food Security Act of 1985, for technical assistance

20 to implement the Conservation Reserve Program author21 ized by subchapter B, Chapter 1, Title XII of the Food

22 Security Act of 1985, with funds to remain available until

23 expended: Provided, That notwithstanding any other pro24 vision of law, the Secretary may elect to enroll no more

25 than 340,000 acres for continuous signup, conservation
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1 reserve enhancement, or wetland pilot purposes and no

2 acres for regular enrollment into the Conservation Reserve

3 Program authorized by subchapter B, Chapter 1, Title

4 XII of the Food Security Act of 1985, during fiscal year

5 2002 and any savings derived from such action may be

6 transferred, not to exceed $18,000,000, for technical as7 sistance to implement the Conservation Reserve Program,

8 with funds to remain available until expended.

9 SEC. 735. Notwithstanding any other provision of

10 law, the City of St. Joseph, Missouri, shall be eligible for

11 grants and loans administered by the rural development

12 mission area of the Department of Agriculture relating to

13 an application submitted to the Department by a farmer14 owned cooperative, a majority of whose members reside

15 in a rural area, as determined by the Secretary, and for

16 the purchase and operation of a facility beneficial to the

17 purpose of the cooperative.

18 SEC. 736. ELIGIBILITY OF PRIVATE ORGANIZATIONS

19 UNDER CHILD AND ADULT CARE FOOD PROGRAM. (a)

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

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

22 by striking ‘‘2001’’ and inserting ‘‘2002’’.

23 SEC. 737. Notwithstanding any other provision of

24 law, the Natural Resources Conservation Service shall pro25 vide financial and technical assistance in the amount of
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1 $150,000 to the Mallard Pointe project in Madison Coun2 ty, Mississippi.

3 SEC. 738. Notwithstanding any other provision of

4 law, the Secretary of Agriculture shall, in cooperation with

5 the State of Illinois, develop and implement a pilot project

6 utilizing conservation programs of the Department of Ag7 riculture for soil, water, wetlands, and wildlife habitat en8 hancement in the Illinois River Basin: Provided, That no

9 funds shall be made available to carry out this section un10 less they are expressly provided for a program in this Act

11 or any other Act for obligation in fiscal year 2002: Pro12 vided further, That any conservation reserve program en13 rollments made pursuant to this section shall be subject

14 to section 734 of this Act.

15 SEC. 739. Notwithstanding any other provision of

16 law, the Natural Resources Conservation Service shall pro17 vide $450,000 for a wetlands restoration and water con18 servation project in the vicinity of Jamestown, Rhode Is19 land.

20 SEC. 740. Notwithstanding any other provision of

21 law, up to $3,000,000 may be made available from funds

22 under the rural business and cooperative development pro23 grams of the Rural Community Advancement Program for

24 a grant to the extent matching funds from the Depart-
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1 ment of Energy are provided if a commitment for such

2 matching funds is made prior to July 1, 2002.

3 This Act may be cited as the ‘‘Agriculture, Rural De4 velopment, Food and Drug Administration, and Related

5 Agencies Appropriations Act, 2002’’.
Calendar No. 91

107TH CONGRESS

1ST SESSION S. 1191

[Report No. 107–41]

A BILL

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and

Related Agencies programs for the fiscal yearending September 30, 2002, and for other purposes.

JULY 18, 2001

Read twice and placed on the calendar