HR 5263 RH
the extent practicable, direct that tonnage equal in value
to not more than $25,000,000 shall be made available to
foreign countries to assist in mitigating the effects of the
Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome on communities, including the provi-
sion of—
(1) agricultural commodities to—
(A) individuals with Human Immuno-
deficiency Virus or Acquired Immune Defi-
ciency Syndrome in the communities; and
(B) households in the communities, par-
ticularly individuals caring for orphaned chil-
dren; and
(2) agricultural commodities monetized to pro-
vide other assistance (including assistance under
microcredit and microenterprise programs) to create
or restore sustainable livelihoods among individuals
in the communities, particularly individuals caring
for orphaned children.
SEC. 726. 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, as authorized by sec-
tion 4404 of Public Law 107–171.
HR 5263 RH
SEC. 727. 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.
SEC. 728. 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 ‘‘$26,000,000’’
and inserting ‘‘$27,000,000’’.
SEC. 729. Notwithstanding any other provision of
law, the City of Coachella, California, shall be eligible for
loans and grants provided through the Rural Community
Advancement Program.
SEC. 730. 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. 731. Notwithstanding any other provision of
law, the Natural Resources Conservation Service shall pro-
vide financial and technical assistance to the DuPage
County, Illinois, Waynewood Drainage Improvement
Project, from funds available for the Watershed and Flood
Prevention Operations program, not to exceed $1,600,000.
HR 5263 RH
SEC. 732. Notwithstanding any other provision of
law, from the funds appropriated to the Rural Utilities
Service by this Act, any current Rural Utilities Service
borrower within 100 miles of New York City shall be eligi-
ble for additional financing, refinancing, collateral flexi-
bility, and deferrals on an expedited basis without regard
to population limitations for any financially feasible tele-
communications, energy, or water project that assists en-
deavors related to the rehabilitation, prevention, reloca-
tion, site preparation, or relief efforts resulting from the
terrorist events of September 11, 2001.
SEC. 733. In addition to amounts otherwise appro-
priated or made available by this Act, $100,000,000 is ap-
propriated to the Secretary of Agriculture, to remain
available until expended, for the purpose of making pay-
ments for livestock losses to producers for 2002 losses in
a county which has received an emergency designation by
the President or the Secretary after January 1, 2002.
SEC. 734. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act.
SEC. 735. Of the funds made available for the Export
Enhancement Program, pursuant to section 301(e) of the
HR 5263 RH
Agricultural Trade Act of 1978, as amended by Public
Law 104–127, not more than $28,000,000 shall be avail-
able in fiscal year 2003.
SEC. 736. Funds appropriated by this Act shall be
available for employment pursuant to the second sentence
of section 706(a) of the Department of Agriculture Or-
ganic Act of 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109.
SEC. 737. Funds appropriated by this Act to the Ani-
mal and Plant Health Inspection Service, Salaries and Ex-
penses; Agricultural Marketing Service, Marketing Serv-
ices; Grain Inspection, Packers and Stockyards Adminis-
tration, Salaries and Expenses; and Food Safety and In-
spection Service shall be available pursuant to 7 U.S.C.
2250 for the alteration and repair of buildings and im-
provements, but the cost of altering any one building dur-
ing the fiscal year shall not exceed 10 percent of the cur-
rent replacement value of the building.
SEC. 738. The Secretary of Agriculture shall use
funds of the Commodity Credit Corporation, not to exceed
$18,200,000, to remain available until expended, to com-
pensate Florida commercial citrus and lime growers for
lost production with respect to trees removed to control
citrus canker, and certified citrus nursery stocks within
the Citrus Canker quarantine areas, as determined by the
Secretary of Agriculture: Provided, That to receive assist-
HR 5263 RH
ance under this section, a tree must have been removed
after September 30, 2001.
SEC. 739. 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 release information
that may be used by individuals or terrorist organizations
for the purpose of targeting biomedical or agricultural re-
search facilities or personnel employed in biomedical or ag-
ricultural research.
SEC. 740. Notwithstanding any other provision of
law, the Municipality of Carolina, Puerto Rico, shall be
eligible for grants and loans administered by the Rural
Utilities Service.
SEC. 741. 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 the provi-
sions of section 7404 of Public Law 107–171.
SEC. 742. The Agricultural Marketing Service and
the Grain Inspection, Packers and Stockyards Administra-
tion, that have statutory authority to purchase interest
bearing investments outside of Treasury, are not required
to establish obligations and outlays for those investments,
provided those investments are insured by FDIC or are
collateralized at the Federal Reserve with securities ap-
HR 5263 RH
proved by the Federal Reserve, operating under the guide-
lines of the U.S. Treasury.
SEC. 743. Notwithstanding any other provision of
law, the City of Starkville, Mississippi, shall be eligible for
loans and grants provided through the Rural Community
Advancement Program.
SEC. 744. Of the funds made available under section
27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.), the Secretary may use up to $10,000,000 for costs
associated with the distribution of commodities.
SEC. 745. 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 enroll in excess of
245,833 acres in the calendar year 2003 wetlands reserve
program as authorized by 16 U.S.C. 3837.
SEC. 746. None of the funds appropriated or other-
wise made available by this Act shall be used to pay the
salaries and expenses of personnel who carry out an envi-
ronmental quality incentives program authorized by chap-
ter 4 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) in excess of
$695,000,000.
SEC. 747. 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 the provi-
HR 5263 RH
sions of the Conservation Security Program (subtitle D
of title XII of the Food Security Act of 1985, chapter 2
(16 U.S.C. 3830 et seq.)), if such program extends beyond
the State of Iowa.
SEC. 748. Notwithstanding any other provision of
law, Hollister, Salinas, and Watsonville, California, shall
be eligible to participate in rural housing programs admin-
istered by the Rural Housing Service.
SEC. 749. None of the funds appropriated in this Act
may be used to consolidate the Food and Drug Adminis-
tration Office of Public Affairs and Office of Legislation
at the Office of the Secretary of Health and Human Serv-
ices.
SEC. 750. Section 844 of the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (as enacted into law
by Public Law 106–387 and amended by section 101(9)
of Public Law 106–554, the Miscellaneous Appropriations
Act, 2001), is amended by striking, in subsection
(a)(2)(B), ‘‘other’’ the first place it appears.
SEC. 751. Notwithstanding any other provision of
law, the Secretary of Agriculture shall consider the City
of Vicksburg, Mississippi, as meeting the requirements of
a rural area in section 520 of the Housing Act of 1949
(42 U.S.C. 1490).
HR 5263 RH
SEC. 752. The $5,000,000 of unobligated balances
available at the beginning of fiscal year 2003 for the ex-
perimental Rural Clean Water Program authorized under
the headings ‘‘AGRICULTURAL STABILIZATION
AND CONSERVATION SERVICE—RURAL CLEAN
WATER PROGRAM’’ in Public Law 96–108 (93 Stat.
835) and Public Law 96–528 (94 Stat. 3111) are hereby
rescinded.
SEC. 753. (a) LIMITATION.—None of the funds made
available in this Act or any other Act may be obligated
for payment on any new contract to a subsidiary of a pub-
licly traded corporation if the corporation is incorporated
in a tax haven country but the United States is the prin-
cipal market for the public trading of the corporation’s
stock.
(b) DEFINITION.—For purposes of subsection (a),
the term ‘‘tax haven country’’ means each of the following:
Barbados, Bermuda, British Virgin Islands, Cayman Is-
lands, Commonwealth of the Bahamas, Cyprus, Gibraltar,
Isle of Man, the Principality of Liechtenstein, the Princi-
pality of Monaco, and the Republic of the Seychelles.
(c) WAIVER.—The President may waive subsection
(a) with respect to any specific contract if the President
certifies to the Appropriations Committees that the waiver
is required in the interest of national security.
HR 5263 RH
This Act may be cited as the ‘‘Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2003’’.
Union Calendar No. 374
107TH CONGRESS
2D SESSION
H. R. 5263
[Report No. 107–623]
A BILL
Making appropriations for Agriculture, Rural De-
velopment, Food and Drug Administration, and
Related Agencies programs for the fiscal year
ending September 30, 2003, and for other pur-
poses.
JULY 26, 2002
Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed