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puted on a similar basis for all agencies for which appro-
priations are provided in this Act.
SEC. 709. None of the funds in this Act shall be avail-
able to restrict the authority of the Commodity Credit
Corporation to lease space for its own use or to lease space
on behalf of other agencies of the Department of Agri-
culture when such space will be jointly occupied.
SEC. 710. None of the funds in this Act shall be avail-
able to pay indirect costs charged against competitive agri-
cultural research, education, or extension grant awards
issued by the Cooperative State Research, Education, and
Extension Service that exceed 19 percent of total Federal
funds provided under each award: Provided, That notwith-
standing section 1462 of the National Agricultural Re-
search, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the Cooperative State Research,
Education, and Extension Service shall be available to pay
full allowable indirect costs for each grant awarded under
section 9 of the Small Business Act (15 U.S.C. 638).
SEC. 711. Notwithstanding any other provision of
this Act, all loan levels provided in this Act shall be consid-
ered estimates, not limitations.
SEC. 712. Appropriations to the Department of Agri-
culture for the cost of direct and guaranteed loans made
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available in fiscal year 2002 shall remain available until
expended to cover obligations made in fiscal year 2002 for
the following accounts: the Rural Development Loan Fund
program account; the Rural Telephone Bank program ac-
count; the Rural Electrification and Telecommunications
Loans program account; the Rural Housing Insurance
Fund program account; and the Rural Economic Develop-
ment Loans program account.
SEC. 713. Notwithstanding chapter 63 of title 31,
United States Code, marketing services of the Agricultural
Marketing Service; the Grain Inspection, Packers and
Stockyards Administration; the Animal and Plant Health
Inspection Service; and the food safety activities of the
Food Safety and Inspection Service may use cooperative
agreements to reflect a relationship between the Agricul-
tural Marketing Service; the Grain Inspection, Packers
and Stockyards Administration; the Animal and Plant
Health Inspection Service; or the Food Safety and Inspec-
tion Service and a state or cooperator to carry out agricul-
tural marketing programs, to carry out programs to pro-
tect the nation’s animal and plant resources, or to carry
out educational programs or special studies to improve the
safety of the nation’s food supply.
SEC. 714. Notwithstanding any other provision of law
(including provisions of law requiring competition), the
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Secretary of Agriculture may hereafter enter into coopera-
tive agreements (which may provide for the acquisition of
goods or services, including personal services) with a
State, political subdivision, or agency thereof, a public or
private agency, organization, or any other person, if the
Secretary determines that the objectives of the agreement
will: (1) serve a mutual interest of the parties to the agree-
ment in carrying out the programs administered by the
Natural Resources Conservation Service; and (2) all par-
ties will contribute resources to the accomplishment of
these objectives: Provided, That Commodity Credit Cor-
poration funds obligated for such purposes shall not ex-
ceed the level obligated by the Commodity Credit Corpora-
tion for such purposes in fiscal year 1998.
SEC. 715. None of the funds in this Act may be used
to retire more than 5 percent of the Class A stock of the
Rural Telephone Bank or to maintain any account or sub-
account within the accounting records of the Rural Tele-
phone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available in this Act may be used to trans-
fer to the Treasury or to the Federal Financing Bank any
unobligated balance of the Rural Telephone Bank tele-
phone liquidating account which is in excess of current
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requirements and such balance shall receive interest as set
forth for financial accounts in section 505(c) of the Fed-
eral Credit Reform Act of 1990.
SEC. 716. Of the funds made available by this Act,
not more than $1,800,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department
of Agriculture, except for panels used to comply with nego-
tiated rule makings and panels used to evaluate competi-
tively awarded grants.
SEC. 717. None of the funds appropriated by this Act
may be used to carry out section 410 of the Federal Meat
Inspection Act (21 U.S.C. 679a) or section 30 of the Poul-
try Products Inspection Act (21 U.S.C. 471).
SEC. 718. No employee of the Department of Agri-
culture may be detailed or assigned from an agency or
office funded by this Act to any other agency or office
of the Department for more than 30 days unless the indi-
vidual’s employing agency or office is fully reimbursed by
the receiving agency or office for the salary and expenses
of the employee for the period of assignment.
SEC. 719. None of the funds appropriated or other-
wise made available to the Department of Agriculture
shall be used to transmit or otherwise make available to
any non-Department of Agriculture employee questions or
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responses to questions that are a result of information re-
quested for the appropriations hearing process.
SEC. 720. None of the funds made available to the
Department of Agriculture by this Act may be used to ac-
quire new information technology systems or significant
upgrades, as determined by the Office of the Chief Infor-
mation Officer, without the approval of the Chief Informa-
tion Officer and the concurrence of the Executive Informa-
tion Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this
Act may be transferred to the Office of the Chief Informa-
tion Officer without the prior approval of the Committees
on Appropriations of both Houses of Congress.
SEC. 721. (a) None of the funds provided by this Act,
or provided by previous Appropriations Acts to the agen-
cies funded by this Act that remain available for obligation
or expenditure in fiscal year 2002, or provided from any
accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which: (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
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restricted; (4) relocates an office or employees; (5) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions or activities presently per-
formed by Federal employees; unless the Committees on
Appropriations of both Houses of Congress are notified
15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or pro-
vided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2002, or provided from any ac-
counts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogram-
ming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers
of personnel by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing pro-
grams, activities, or projects as approved by Congress; un-
less the Committees on Appropriations of both Houses of
Congress are notified 15 days in advance of such re-
programming of funds.
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(c) The Secretary of Agriculture shall notify the Com-
mittees on Appropriations of both Houses of Congress be-
fore implementing a program or activity not carried out
during the previous fiscal year unless the program or ac-
tivity is funded by this Act or specifically funded by any
other Act.
SEC. 722. With the exception of funds needed to ad-
minister and conduct oversight of grants awarded and ob-
ligations incurred prior to enactment of this Act, none of
the funds appropriated or otherwise made available by this
or any other Act may be used to pay the salaries and ex-
penses of personnel to carry out section 793 of Public Law
104–127, the Fund for Rural America (7 U.S.C. 2204f).
SEC. 723. With the exception of funds needed to ad-
minister and conduct oversight of grants awarded and ob-
ligations incurred prior to enactment of this Act, none of
the funds appropriated or otherwise made available by this
or any other Act may be used to pay the salaries and ex-
penses of personnel to carry out the provisions of section
401 of Public Law 105–185, the Initiative for Future Ag-
riculture and Food Systems (7 U.S.C. 7621).
SEC. 724. None of the funds appropriated or other-
wise made available by this Act shall be used to pay the
salaries and expenses of personnel to carry out a conserva-
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tion farm option program, as authorized by section 1240M
of the Food Security Act of 1985 (16 U.S.C. 3839bb).
SEC. 725. None of the funds appropriated by this Act
or any other Act shall be used to pay the salaries and
expenses of personnel who prepare or submit appropria-
tions language as part of the President’s Budget submis-
sion to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommit-
tees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes reve-
nues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the Budget unless such Budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee
of conference for the fiscal year 2003 appropriations Act.
SEC. 726. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, de-
crees, or orders for the purpose of implementation, or in
preparation for implementation, of the Kyoto Protocol
which was adopted on December 11, 1997, in Kyoto,
Japan.
SEC. 727. None of the funds made available by this
Act or any other Act may be used to close or relocate a
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state Rural Development office unless or until cost effec-
tiveness and enhancement of program delivery have been
determined.
SEC. 728. In addition to amounts otherwise appro-
priated or made available by this Act, $4,000,000 is ap-
propriated for the purpose of providing Bill Emerson and
Mickey Leland Hunger Fellowships through the Congres-
sional Hunger Center.
SEC. 729. Hereafter, refunds or rebates received on
an on-going basis from a credit card services provider
under the Department of Agriculture’s charge card pro-
grams may be deposited to and retained without fiscal
year limitation in the Departmental Working Capital
Fund established under 7 U.S.C. 2235 and used to fund
management initiatives of general benefit to the Depart-
ment of Agriculture bureaus and offices as determined by
the Secretary of Agriculture or the Secretary’s designee.
SEC. 730. Notwithstanding section 412 of the Agri-
cultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1736f) any balances available to carry out title
III of such Act as of the date of enactment of this Act,
and any recoveries and reimbursements that become avail-
able to carry out title III of such Act, may be used to
carry out title II of such Act.
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SEC. 731. Section 375(e)(6)(B) of the Consolidated
Farm 
and 
Rural 
Development 
Act 
(7 
U.S.C.
2008j(e)(6)(B)) is amended by striking ‘‘$25,000,000’’
and inserting ‘‘$26,000,000’’.
SEC. 732. None of the funds appropriated or other-
wise made available by this Act shall be used to issue a
notice of proposed rulemaking, to promulgate a proposed
rule, or to otherwise change or modify the definition of
‘‘animal’’ in existing regulations pursuant to the Animal
Welfare Act.
SEC. 733. Notwithstanding any other provision of
law, the City of Cabot, Arkansas, and the City of
Coachella, California, shall be eligible for loans and grants
provided through the Rural Community Advancement
Program.
SEC. 734. Notwithstanding any other provision of
law, the Secretary shall consider the City of Casa Grande,
Arizona, as meeting the requirements of a rural area in
section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
SEC. 735. Notwithstanding any other provision of
law, the City of Saint Joseph, Missouri, shall be eligible
for grants and loans administered by the rural develop-
ment mission areas of the Department of Agriculture.
SEC. 736. Notwithstanding any other provision of
law, the Secretary of Agriculture shall consider the City
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of Hollister, California, as meeting the requirements of a
rural area for the purposes of housing programs in the
rural development mission areas of the Department of Ag-
riculture.
SEC. 737. None of the funds appropriated or other-
wise made available by this Act may be used to maintain,
modify, or implement any assessment against agricultural
producers as part of a commodity promotion, research,
and consumer information order, known as a check-off
program, that has not been approved by the affected pro-
ducers in accordance with the statutory requirements ap-
plicable to the order.
SEC. 738. None of the funds made available to the
Food and Drug Administration by this Act shall be used
to close or relocate, or to plan to close or relocate, the
Food and Drug Administration Division of Drug Analysis
(recently renamed the Division of Pharmaceutical Anal-
ysis) in St. Louis, Missouri, except that funds could be
used to plan a possible relocation of this Division within
the city limits of St. Louis, Missouri.
SEC. 739. None of the funds made available to the
Food and Drug Administration by this Act shall be used
to reduce the Detroit, Michigan, Food and Drug Adminis-
tration District Office below the operating and full-time
equivalent staffing level of July 31, 2000; or to change
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the Detroit District Office to a station, residence post or
similarly modified office; or to reassign residence posts as-
signed to the Detroit Office: Provided, That this section
shall not apply to Food and Drug Administration field lab-
oratory facilities or operations currently located in Detroit,
Michigan, except that field laboratory personnel shall be
assigned to locations in the general vicinity of Detroit,
Michigan, pursuant to cooperative agreements between the
Food and Drug Administration and other laboratory facili-
ties associated with the State of Michigan.
MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS
SEC. 740. (a) ASSISTANCE AVAILABLE.—The Sec-
retary of Agriculture shall use $150,000,000 of funds of
the Commodity Credit Corporation to make payments as
soon as possible after the date of the enactment of this
Act to apple producers to provide relief for the loss of mar-
kets for their 2000 crop.
(b) PAYMENT BASIS.—The amount of the payment
to a producer under subsection (a) shall be made on a
per pound basis equal to each qualifying producer’s 2000
production of apples, except that the Secretary shall not
make payments for that amount of a particular farm’s
apple production that is in excess of 20,000,000 pounds.
(c) DUPLICATIVE PAYMENTS.—A producer shall be
ineligible for payments under this section with respect to
a market loss for apples to the extent of that amount that
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the producer received as compensation or assistance for
the same loss under any other Federal program, other
than under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(d) OTHER TERMS
AND CONDITIONS.—The Sec-
retary shall not establish any terms or conditions for pro-
ducer eligibility, such as limits based upon gross income,
other than those specified in this section.
(e) APPLICABILITY.—This section applies only with
respect to the 2000 crop of apples and producers of that
crop.
(f) EMERGENCY DESIGNATION.—The entire amount
necessary to carry out this section shall be available only
to the extent that an official budget request for the entire
amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to
the Congress: Provided, That the entire amount is des-
ignated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
This Act may be cited as the ‘‘Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2002’’.
Union Calendar No. 62
107TH CONGRESS
1ST SESSION
H. R. 2330
[Report No. 107–116]
A BILL
Making appropriations for Agriculture, Rural De-
velopment, Food and Drug Administration, and
Related Agencies programs for the fiscal year
ending September 30, 2002, and for other pur-
poses.
JUNE 27, 2001
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed÷