Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001
PL 106-387 (H.R.4461), enacted 10/28/2000

PUBLIC LAW 106-387—OCT. 28, 2000 
114 STAT. 1549 
Public Law 106-387 
106th Congress 
An Act 
Making appropriations for Agriculture, Rural Development, Food and Drug Adminis- 
n f 2R 9nnn 
tration, and Related Agencies programs for the fiscal year ending September 
——; 
30, 2001, and for other purposes. 
[H.R. 4461] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. (a) The provisions of H.R. 5426 of the 106th Con- incorporation by 
gress, as introduced on October 6, 2000, are hereby enacted into reference, 
law. 
(b) In publishing this Act in slip form and in the United PubUcation. 
States Statutes at Large pursuant to section 112 of title 1, United 
i USC 112 note. 
States Code, the Archivist of the United States shall include after 
the date of approval at the end an appendix setting forth the 
text of the bill referred to in subsection (a) of this section. 
Approved October 28, 2000. 
LEGISLATIVE HISTORY—H.R. 4461: 
HOUSE REPORTS: No. 106-619 (Comm. on Appropriations) and No. 106-948 
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
June 29, July 10, 11, considered and passed House. 
July 18-20, considered and passed Senate, amended. 
Oct. 11, House agreed to conference report. 
Oct. 13, 18, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Oct. 28, Presidential statement. 
ENDNOTE: The following appendix was added pursuant to the provisions of section 1 of this 
Act. 
THIS PAGE LEFT INTENTIONALLY BLANK 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-1 
APPENDIX—H.R. 5426 
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2001, and for other pur-
poses, namely: 
TITLE I 
AGRICULTURAL PROGRAMS 
PRODUCTION, PROCESSING, AND MARKETING 
OFFICE OF THE SECRETARY 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Office of the Secretary of Agri-
culture, and not to exceed $75,000 for employment under 5 U.S.C. 
3109, $2,914,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Sec-
retary: Provided further, That none of the funds appropriated or 
otherwise made available by this Act may be used to pay the 
salaries and expenses of personnel of the Department of Agriculture 
to carry out section 793(c)(1)(C) of Pubhc Law 104-127: Provided 
further, That none of the funds made available by this Act may 
be used to enforce section 793(d) of Public Law 104-127. 
EXECUTIVE OPERATIONS 
CHIEF ECONOMIST 
For necessary expenses of the Chief Economist, including eco-
nomic analysis, risk assessment, cost-benefit analysis, energy and 
new uses, and the functions of the World Agricultural Outlook 
Board, as authorized by the Agricultural Marketing Act of 1946 
(7 U.S.C. 1622g), and including employment pursuant to the second 
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), of which not to exceed $5,000 is for employment under 
5U.S.C. 3109, $7,462,000. 
NATIONAL APPEALS DIVISION 
For necessary expenses of the National Appeals Division, 
including employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not 
114 STAT. 1549A-2 
PUBLIC LAW 106-387—APPENDIX 
to exceed $25,000 is for employment under 5 U.S.C. 3109, 
$12,421,000. 
OFFICE OF BUDGET AND PROGRAM ANALYSIS 
For necessary expenses of the Office of Budget and Program 
Analysis, including emplo3mient pursuant to the second sentence 
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of 
which not to exceed $5,000 is for employment under 5 U.S.C. 
3109, $6,765,000. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief Information 
OfKcer, including employment pursuant to the second sentence 
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of 
which not to exceed $10,000 is for employment under 5 U.S.C. 
3109, $10,051,000. 
COMMON COMPUTING ENVIRONMENT 
For necessary expenses to acquire a Common Computing 
Environment for the Natural Resources Conservation Service, the 
Farm and Foreign Agricultural Service and Rural Development 
mission areas for information technology, systems, and services, 
$40,000,000, to remain available until expended, for the capital 
asset acquisition of shared information technology systems, includ-
ing services as authorized by 7 U.S.C. 6915-16 and 40 U.S.C. 
1421-28: Provided, That obligation of these funds shall be consistent 
with the Department of Agriculture Service Center Modernization 
Plan of the county-based agencies, and shall be with the concurrence 
of the Department's Chief Information Officer. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the OfHce of the Chief Financial 
Officer, including employment pursuant to the second sentence 
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of 
which not to exceed $10,000 is for employment under 5 U.S.C. 
3109, $5,171,000: Provided, That the Chief Financial Officer shall 
actively market cross-servicing activities of the National Finance 
Center. 
OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION 
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Administration to carry out the programs funded 
by this Act, $629,000. 
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS 
(INCLUDING T R A N S F E R S OF FUNDS) 
For payment of space rental and related costs pursuant to 
Public Law 92-313, including authorities pursuant to the 1984 
delegation of authority from the Administrator of General Services 
to the Department of Agriculture under 40 U.S.C. 486, for programs 
and activities of the Department which are included in this Act, 
and for the operation, maintenance, improvement, and repair of 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-3 
Agriculture buildings, $182,747,000, to remain available until 
expended: Provided, That in the event an agency within the Depart-
ment should require modification of space needs, the Secretary 
of Agriculture may transfer a share of that agency's appropriation 
made available by this Act to this appropriation, or may transfer 
a share of this appropriation to that agency's appropriation, but 
such transfers shall not exceed 5 percent of the funds made avail-
able for space rental and related costs to or from this account. 
HAZAKDOUS MATERIALS MANAGEMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Department of Agriculture, to 
comply with the Comprehensive Environmental Response, Com-
pensation, and Liability Act, 42 U.S.C. 9601 et seq., and the 
Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., 
$15,700,000, to remain available until expended: Provided, That 
appropriations and funds available herein to the Department for 
Hazardous Materials Management may be transferred to any 
agency of the Department for its use in meeting all requirements 
pursuant to the above Acts on Federal and non-Federal lands. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFERS OF FUNDS) 
For Departmental Administration, $36,010,000, to provide for 
necessary expenses for management support services to offices of 
the Department and for general administration and disaster 
management of the Department, repairs and alterations, and other 
miscellaneous supplies and expenses not otherwise provided for 
and necessary for the practical and efficient work of the Depart-
ment, including employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which 
not to exceed $10,000 is for employment under 5 U.S.C. 3109: 
Provided, 
That this appropriation shall be reimbursed 
from 
applicable appropriations in this Act for travel expenses incident 
to the holding of hearings as required by 5 U.S.C. 551-558. 
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS 
For grants and contracts pursuant to section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 
$3,000,000, to remain available until expended. 
OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL 
RELATIONS 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Congressional Relations to carry out the programs 
funded by this Act, including programs involving intergovernmental 
affairs and liaison within the executive branch, $3,568,000: Pro-
vided, That these funds may be transferred to agencies of the 
Department of Agriculture funded by this Act to maintain personnel 
114 STAT. 1549A-4 
PUBLIC LAW 106-387—APPENDIX 
at the agency level: Provided further. That no other funds appro-
priated to the Department by this Act shall be available to the 
Department for support of activities of congressional relations. 
OFFICE OF COMMUNICATIONS 
For necessary expenses to carry out services relating to the 
coordination of programs involving public affairs, for the dissemina-
tion of agricultural information, and the coordination of information, 
work, and programs authorized by Congress in the Department, 
$8,623,000, including emplo3anent pursuant to the second sentence 
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of 
which not to exceed $10,000 shall be available for employment 
under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used 
for farmers' bulletins. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector 
General Act of 1978, $68,867,000, including such sums as may 
be necessary for contracting and other arrangements with public 
agencies and private persons pursuant to section 6(a)(9) of the 
Inspector General Act of 1978, including not to exceed $50,000 
for employment under 5 U.S.C. 3109; and including not to exceed 
$125,000 for certain confidential operational expenses, including 
the pa5anent of informants, to be expended under the direction 
of the Inspector General pursuant to Public Law 95-452 and section 
1337 of Public Law 97-98. 
OFFICE OF THE GENERAL COUNSEL 
For necessary expenses of the Office of the General Counsel, 
$31,080,000. 
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND 
ECONOMICS 
For necessary salaries and expenses of the Office of the Under 
Secretary for Research, Education and Economics to administer 
the laws enacted by the Congress for the Economic Research Serv-
ice, the National Agricultural Statistics Service, the Agricultural 
Research Service, and the Cooperative State Research, Education, 
and Extension Service, $556,000. 
ECONOMIC RESEARCH SERVICE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other 
laws, $67,038,000: Provided, That $1,000,000 shall be transferred 
to and merged with the appropriation for "Food and Nutrition 
Service, Food Program Administration" for studies and evaluations: 
Provided further, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of 
the Organic Act of 1944 (7 U.S.C. 2225). 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-5 
NATIONAL AGRICULTURAL STATISTICS SERVICE 
For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, includ-
ing crop and livestock estimates, statistical coordination and 
improvements, marketing surveys, and the Census of Agriculture, 
as authorized by 7 U.S.C. 1621-1627, Public Law 105-113, and 
other laws, $100,772,000, of which up to $15,000,000 shall be avail-
able until expended for the Census of Agriculture: Provided, That 
this appropriation shall be available for employment pursuant to 
the second sentence of section 706(a) of the Organic Act of 1944 
(7 U.S.C. 2225), and not to exceed $40,000 shall be available for 
employment under 5 U.S.C. 3109. 
AGRICULTURAL RESEARCH SERVICE 
SALARIES AND EXPENSES 
For necessary expenses to enable the Agricultural Research 
Service to perform agricultural research and demonstration relating 
to production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use includ-
ing the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, 
or purchase at a nominal cost not to exceed $100, and for land 
exchanges where the lands exchanged shall be of equal value or 
shall be equalized by a payment of money to the grantor which 
shall not exceed 25 percent of the total value of the land or interests 
transferred out of Federal ownership, $898,812,000: Provided, That 
appropriations hereunder shall be available for temporary employ-
ment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000 
shall be available for employment under 5 U.S.C. 3109: Provided 
further, That appropriations hereunder shall be available for the 
operation and maintenance of aircraft and the purchase of not 
to exceed one for replacement only: Provided further. That appro-
priations hereunder shall be available pursuant to 7 U.S.C. 2250 
for the construction, alteration, and repair of buildings and improve-
ments, but unless otherwise provided, the cost of constructing any 
one building shall not exceed $375,000, except for headhouses or 
greenhouses which shall each be limited to $1,200,000, and except 
for 10 buildings to be constructed or improved at a cost not to 
exceed $750,000 each, and the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building or $375,000, whichever is greater: 
Provided further. That the limitations on alterations contained in 
this Act shall not apply to modernization or replacement of existing 
facilities at Beltsville, Maryland: Provided further. That appropria-
tions hereunder shall be available for granting easements at the 
Beltsville Agricultural Research Center, including an easement to 
the University of Maryland to construct the Transgenic Animal 
Facility which upon completion shall be accepted by the Secretary 
as a gift: Provided further. That the foregoing limitations shall 
not apply to replacement of buildings needed to carry out the 
Act of April 24, 1948 (21 U.S.C. 113a): Provided fuHher, That 
funds may be received from any State, other political subdivision. 
114 STAT. 1549A-6 
PUBLIC LAW 106-387—APPENDIX 
organization, or individual for the purpose of establishing or operat-
ing any research facility or research project of the Agricultural 
Research Service, as authorized by law. 
None of the funds in the foregoing paragraph shall be available 
to carry out research related to the production, processing or 
marketing of tobacco or tobacco products. 
In fiscal year 2001, the agency is authorized to charge fees, 
commensurate with the fair market value, for any permit, easement, 
lease, or other special use authorization for the occupancy or use 
of land and facilities (including land and facilities at the Beltsville 
Agricultural Research Center) issued by the agency, as authorized 
by law, and such fees shall be credited to this account, and shall 
remain available until expended for authorized purposes. 
BUILDINGS AND FACILITIES 
For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities 
as necessary to carry out the agricultural research programs of 
the Department of Agriculture, where not otherwise provided, 
$74,200,000, to remain available until expended (7 U.S.C. 2209b): 
Provided, That funds may be received from any State, other political 
subdivision, organization, or individual for the purpose of establish-
ing any research facility of the Agricultural Research Service, as 
authorized by law. 
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION 
SERVICE 
RESEARCH AND EDUCATION ACTIVITIES 
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other 
expenses, $506,193,000, as follows: to carry out the provisions of 
the Hatch Act (7 U.S.C. 361a-i), $180,545,000; for grants for 
cooperative forestry research (16 U.S.C. 582a-a7), $21,932,000; for 
payments to the 1890 land-grant colleges, including Tuskegee 
University (7 U.S.C. 3222), $32,676,000, of which $1,000,000 shall 
be made available to West Virginia State College Institute, West 
Virginia; for special grants for agricultural research (7 U.S.C. 
450i(c)), $85,669,000; for special grants for agricultural research 
on improved pest control (7 U.S.C. 450i(c)), $13,721,000; for competi-
tive research grants (7 U.S.C. 450i(b)), $106,000,000; for the support 
of animal health and disease programs (7 U.S.C. 3195), $5,109,000; 
for supplemental and alternative crops and products (7 U.S.C. 
3319d), $800,000; for grants for research pursuant to the Critical 
Agricultural Materials Act of 1984 (7 U.S.C. 178) and section 1472 
of the Food and Agriculture Act of 1977 (7 U.S.C. 3318), $640,000, 
to remain available until expended; for the 1994 research program 
(7 U.S.C. 301 note), $1,000,000, to remain available until expended; 
for 
higher 
education 
graduate 
fellowship 
grants 
(7 U.S.C. 
3152(b)(6)), $3,000,000, to remain available until expended (7 U.S.C. 
2209b); for higher education challenge grants (7 U.S.C. 3152(b)(1)), 
$4,350,000; for a higher education multicultural scholars program 
(7 U.S.C. 3152(b)(5)), $1,000,000, to remain available until expended 
(7 U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $3,500,000; for a program 
of noncompetitive grants, to be awarded on an equal basis, to 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-7 
Alaska Native-serving and Native Hawaiian-serving Institutions 
to carry out higher education programs (7 U.S.C. 3242), $3,000,000; 
for a secondary agriculture education program and 2-year post-
secondary education (7 U.S.C. 3152(h)), $800,000; for aquaculture 
grants (7 U.S.C. 3322), $4,000,000; for sustainable agriculture 
research and education (7 U.S.C. 5811), $9,250,000; for a program 
of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges eligible 
to receive funds under the Act of August 30, 1890 (7 U.S.C. 321-
326 and 328), including Tuskegee University, $9,500,000, to remain 
available until expended (7 U.S.C. 2209b); for payments to the 
1994 Institutions pursuant to section 534(a)(1) of Public Law 103-
382, $1,552,000; and for necessary expenses of Research and Edu-
cation Activities, of which not to exceed $100,000 shall be for 
employment under 5 U.S.C. 3109, $18,149,000. 
None of the funds in the foregoing paragraph shall be available 
to carry out research related to the production, processing or 
marketing of tobacco or tobacco products: Provided, That this para-
graph shall not apply to research on the medical, biotechnological, 
food, and industrial uses of tobacco. 
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND 
For the Native American Institutions Endowment Fund author-
ized by Public Law 103-382 (7 U.S.C. 301 note), $7,100,000: Pro-
vided, That hereafter, any distribution of the adjusted income from 
the Native American Institutions Endowment Fund is authorized 
to be used for facility renovation, repair, construction, and mainte-
nance, in addition to other authorized purposes. 
EXTENSION ACTIVITIES 
For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, Northern Marianas, and 
American Samoa, $433,429,000, as follows: payments for cooperative 
extension work under the Smith-Lever Act, to be distributed under 
sections 3(b) and 3(c) of said Act, and under section 208(c) of 
Public Law 93-471, for retirement and employees' compensation 
costs for extension agents and for costs of penalty mail for coopera-
tive extension agents and State extension directors, $276,548,000; 
payments for extension work at the 1994 Institutions under the 
Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,280,000; payments for the 
nutrition and family education program for low-income areas under 
section 3(d) of the Act, $58,695,000; payments for the pest manage-
ment program under section 3(d) of the Act, $10,783,000; pa5Tnents 
for the farm safety program under section 3(d) of the Act, 
$4,000,000; payments to upgrade research, extension, and teaching 
facilities at the 1890 land-grant colleges, including Tuskegee 
University, as authorized by section 1447 of Public Law 95-113 
(7 U.S.C. 3222b), $12,200,000, to remain available until expended; 
payments for the rural development centers under section 3(d) 
of the Act, $908,000; pajonents for youth-at-risk programs under 
section 3(d) of the Act, $8,500,000; for youth farm safety education 
and certification extension grants, to be awarded competitively 
under section 3(d) of the Act, $500,000; payments for carrying 
out the provisions of the Renewable Resources Extension Act of 
1978, $3,192,000; payments for Indian reservation agents under 
114 STAT. 1549A-8 
PUBLIC LAW 106-387—APPENDIX 
section 3(d) of the Act, $2,000,000; payments for sustainable agri-
culture programs under section 3(d) of the Act, $3,800,000; pay-
ments for rural health and safety education as authorized by section 
2390 of Public Law 101-624 (7 U.S.C. 2661 note, 2662), $2,628,000; 
payments for cooperative extension work by the colleges receiving 
the benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) 
and Tuskegee University, $28,243,000, of which $1,000,000 shall 
be made available to West Virginia State College in Institute, 
West Virginia; and for Federal administration and coordination 
including administration of the Smith-Lever Act, and the Act of 
September 29, 1977 (7 U.S.C. 341-349), and section 1361(c) of 
the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate 
and provide program leadership for the extension work of the 
Department and the several States and insular possessions, 
$18,152,000: Provided, That funds hereby appropriated pursuant 
to section 3(c) of the Act of June 26, 1953, and section 506 of 
the Act of June 23, 1972, shall not be paid to any State, the 
District of Columbia, Puerto Rico, Guam, or the Vir^n Islands, 
Micronesia, Northern Marianas, and American Samoa prior to avail-
ability of an equal sum from non-Federal sources for expenditure 
during the current fiscal year. 
INTEGRATED ACTIVITIES 
For the integrated research, education, and extension competi-
tive grants programs, including necessary administrative expenses, 
as authorized under section 406 of the Agricultural Research, Exten-
sion, and Education Reform Act of 1998 (7 U.S.C. 7626), 
$41,941,000, as follows: payments for the water quality program, 
$13,000,000; payments for the food safety program, $15,000,000; 
payments for the national agriculture pesticide impact assessment 
program, $4,541,000; payments for the Food Quality Protection 
Act risk mitigation program for major food crop systems, $4,900,000; 
payments for the crops affected by Food Quality Protection Act 
implementation, $1,500,000; payments for the methyl bromide 
transition program, $2,500,0()0; and payments for the organic 
transition program, $500,000. 
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND 
REGULATORY PROGRAMS 
For necessary salaries and expenses of the Office of the Under 
Secretary for Marketing and Regulatory Programs to administer 
programs under the laws enacted by the Congress for the Animal 
and Plant Health Inspection Service; the Agricultural Marketing 
Service; and the Grain Inspection, Packers and Stockyards Adminis-
tration; $635,000. 
ANIMAL AND PLANT HEALTH INSPECTION SERVICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For expenses, not otherwise provided for, including those pursu-
ant to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary 
to prevent, control, and eradicate pests and plant and animal dis-
eases; to carry out inspection, quarantine, and regulatory activities; 
to discharge the authorities of the Secretary of Agriculture under 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-9 
the Acts of March 2, 1931 (46 Stat. 1468) and December 22, 1987 
(101 Stat. 1329-1331) (7 U.S.C. 426-426c); and to protect the 
environment, 
as authorized by law, $530,564,000, of which 
$4,105,000 shall be available for the control of outbreaks of insects, 
plant diseases, animal diseases and for control of pest animals 
and birds to the extent necessary to meet emergency conditions; 
of which $59,400,000 shall be used for the boll weevil eradication 
program for cost share purposes or for debt retirement for active 
eradication zones: Provided, That no funds shall be used to formu-
late or administer a brucellosis eradication program for the current 
fiscal year that does not require minimum matching by the States 
of at least 40 percent: Provided further. That this appropriation 
shall be available for field employment pursuant to the second 
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), and not to exceed $40,000 shall be available for employment 
under 5 U.S.C. 3109: Provided further. That this appropriation 
shall be available for the operation and maintenance of aircraft 
and the purchase of not to exceed four, of which two shall be 
for replacement only: Provided further, That, in addition, in emer-
gencies which threaten any segment of the agricultural production 
industry of this country, the Secretary may transfer from other 
appropriations or funds available to the agencies or corporations 
of the Department such sums as may be deemed necessary, to 
be available only in such emergencies for the arrest and eradication 
of contagious or infectious disease or pests of animals, poultry, 
or plants, and for expenses in accordance with the Act of February 
28, 1947, and section 102 of the Act of September 21, 1944, and 
any unexpended balances of funds transferred for such emergency 
purposes in the preceding fiscal year shall be merged with such 
transferred amounts: Provided further. That appropriations here-
under shall be available pursuant to law (7 U.S.C. 2250) for the 
repair and alteration of leased buildings and improvements, but 
unless otherwise provided the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building: Provided further, That not to 
exceed $1,000,000 of the funds available under this heading for 
wildlife services methods development may be used by the Secretary 
of Agriculture to conduct pilot projects in up to four States rep-
resentative of wildlife predation of livestock in connection with 
farming operations for direct assistance in the application of non-
lethal predation control methods: Provided further. That the Gen-
eral Accounting Office shall report to the Committees on Appropria-
tions by November 30, 2001, on the Department's compliance with 
this provision and on the effectiveness of the non-lethal measures. 
In fiscal year 2001, the agency is authorized to collect fees 
to cover the total costs of providing technical assistance, goods, 
or services requested by States, other political subdivisions, domes-
tic and international organizations, foreign governments, or individ-
uals, provided that such fees are structured such that any entity's 
liability for such fees is reasonably based on the technical assist-
ance, goods, or services provided to the entity by the agency, and 
such fees shall be credited to this account, to remain available 
until expended, without further appropriation, for providing such 
assistance, goods, or services. 
Of the total amount available under this heading in fiscal 
year 2001, $85,000,000 shall be derived from user fees deposited 
in the Agricultural Quarantine Inspection User Fee Account. 
114 STAT. 1549A-10 
PUBLIC LAW 106-387—APPENDIX 
BUILDINGS AND FACILITIES 
For plans, construction, 
repair, 
preventive 
maintenance, 
environmental support, improvement, extension, alteration, and 
purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 
2250, and acquisition of land as authorized by 7 U.S.C. 428a, 
$9,870,000, to remain available until expended. 
AGRICULTURAL MARKETING SERVICE 
MARKETING SERVICES 
For necessary expenses to carry out services related to con-
sumer protection, agricultural marketing and distribution, transpor-
tation, and regulatory programs, as authorized by law, and for 
administration and coordination of payments to States, including 
field employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed 
$90,000 for employment under 5 U.S.C. 3109, $65,335,000, including 
funds for the wholesale market development program for the design 
and development of wholesale and farmer market facilities for the 
major metropolitan areas of the country: Provided, That this appro-
priation shall be available pursuant to law (7 U.S.C. 2250) for 
the alteration and repair of buildings and improvements, but the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building: 
Provided further, That, only after promulgation of a final rule 
on a National Organic Standards Program, $639,000 of this amount 
shall be available for the Expenses and Refunds, Inspection and 
Grading of Farm Products fund account for the cost of the National 
Organic Standards Program and such funds shall remain available 
until expended. 
Fees may be collected for the cost of standardization activities, 
as established by regulation pursuant to law (31 U.S.C. 9701). 
LIMITATION ON ADMINISTRATIVE EXPENSES 
Not to exceed $60,730,000 (from fees collected) shall be obli-
gated during the current fiscal year for administrative expenses: 
Provided, That if crop size is understated and/or other uncontrol-
lable events occur, the agency may exceed this limitation by up 
to 10 percent with notification to the Committees on Appropriations 
of both Houses of Congress. 
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY 
(SECTION 32) 
(INCLUDING TRANSFERS OF FUNDS) 
Funds available under section 32 of the Act of August 24, 
1935 (7 U.S.C. 612c), shall be used only for commodity program 
expenses as authorized therein, and other related operating 
expenses, except for: (1) transfers to the Department of Commerce 
as authorized by the Fish and Wildlife Act of August 8, 1956; 
(2) transfers otherwise provided in this Act; and (3) not more 
than $13,438,000 for formulation and administration of marketing 
agreements and orders pursuant to the Agricultural Marketing 
Agreement Act of 1937 and the Agricultural Act of 1961. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-11 
PAYMENTS TO STATES AND POSSESSIONS 
For payments to departments of agriculture, bureaus and 
departments of markets, and similar agencies for marketing activi-
ties under section 204(b) of the Agricultural Marketing Act of 1946 
(7 U.S.C. 1623(b)), $1,350,000. 
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 
SALARIES A N D EXPENSES 
For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, for the administration of the Packers 
and Stockyards Act, for certifying procedures used to protect pur-
chasers of farm products, and the standardization activities related 
to grain under the Agricultural Marketing Act of 1946, including 
field employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$25,000 for employment under 5 U.S.C. 3109, $31,420,000: Pro-
vided, That this appropriation shall be available pursuant to law 
(7 U.S.C. 2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during 
the fiscal year shall not exceed 10 percent of the current replace-
ment value of the building. 
L I M I T A T I O N O N INSPECTION AND WEIGHING SERVICES EXPENSES 
Not to exceed $42,557,000 (from fees collected) shall be obli-
gated during the current fiscal year for inspection and weighing 
services: Provided, That if grain export activities require additional 
supervision and oversight, or other uncontrollable factors occur, 
this limitation may be exceeded by up to 10 percent with notification 
to the Committees on Appropriations of both Houses of Congress. 
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY 
For necessary salaries and expenses of the Office of the Under 
Secretary for Food Safety to administer the laws enacted by the 
Congress for the Food Safety and Inspection Service, $460,000. 
FOOD SAFETY AND INSPECTION SERVICE 
For necessary expenses to carry out sei-vices authorized by 
the Federal Meat Inspection Act, the Poultry Products Inspection 
Act, and the Egg Products Inspection Act, including not to exceed 
$50,000 for representation allowances and for expenses pursuant 
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 
$696,704,000, of which no less than $591,258,000 shall be available 
for Federal food inspection; and in addition, $1,000,000 may be 
credited to this account from fees collected for the cost of laboratory 
accreditation as authorized by section 1017 of Public Law 102-
237: Provided, That not more than $2,500,000 of this appropriation 
may be used to implement section 752 of title VII of this Act: 
Provided further. That this appropriation shall be available for 
field employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$75,000 shall be available for employment under 5 U.S.C. 3109: 
Provided further. That this appropriation shall be available pursu-
ant to law (7 U.S.C. 2250) for the alteration and repair of buildings 
114 STAT. 1549A-12 
PUBLIC LAW 106-387—APPENDIX 
and improvements, but the cost of altering any one building during 
the fiscal year shall not exceed 10 percent of the current replace-
ment value of the building: Provided further, That from amounts 
appropriated under this heading not needed for Federal food inspec-
tion, up to $6,000,000 may be used to liquidate obligations incurred 
in previous years, to the extent approved by the Director of the 
Office of Msinagement and Budget based on documentation provided 
by the Secretary of Agriculture. 
OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN 
AGRICULTURAL SERVICES 
For necessary salaries and expenses of the OfRce of the Under 
Secretary for Farm and Foreign Agricultural Services to administer 
the laws enacted by Congress for the Farm Service Agency, the 
Foreign Agricultural Service, the Risk Management Agency, and 
the Commodity Credit Corporation, $589,000. 
FARM SERVICE AGENCY 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for carrying out the administration 
and implementation of programs administered by the Farm Service 
Agency, $828,385,000: Provided, That the Secretary is authorized 
to use the services, facilities, and authorities (but not the funds) 
of the Commodity Credit Corporation to make program payments 
for all programs administered by the Agency: Provided 
further, 
That other funds made available to the Agency for authorized 
activities may be advanced to and merged with this account: Pro-
vided further, That these funds shall be available for employment 
pursuant to the second sentence of section 706(a) of the Organic 
Act of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall 
be available for employment under 5 U.S.C. 3109. 
STATE MEDIATION GRANTS 
For grants pursuant to section 502(b) of the Agricultural Credit 
Act of 1987 (7 U.S.C. 5101-5106), $3,000,000. 
DAIRY INDEMNITY PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses involved in making indemnity pa3Tnents 
to dairy farmers for milk or cows producing such milk and manufac-
turers of dairy products who have been directed to remove their 
milk or dairy products from commercial markets because it con-
tained residues of chemicals registered and approved for use by 
the Federal Government, and in making indemnity pa5anents for 
milk, or cows producing such milk, at a fair market value to 
any dairy farmer who is directed to remove his milk from commer-
cial markets because of: (1) the presence of products of nuclear 
radiation or fallout if such contamination is not due to the fault 
of the farmer; or (2) residues of chemicals or toxic substances 
not included under the first sentence of the Act of August 13, 
1968 (7 U.S.C. 450j), if such chemicals or toxic substances were 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-13 
not used in a manner contrary to applicable regulations or labeling 
instructions provided at the time of use and the contamination 
is not due to the fault of the farmer, $450,000, to remain available 
until expended (7 U.S.C. 2209b): Provided, That none of the funds 
contained in this Act shall be used to make indemnity payments 
to any farmer whose milk was removed from commercial markets 
as a result of the farmer's willful failure to follow procedures pre-
scribed by the Federal Government: Provided further. That this 
amount shall be transferred to the Commodity Credit Corporation: 
Provided further. That the Secretary is authorized to utilize the 
services, facilities, and authorities of the Commodity Credit Cor-
poration for the purpose of making dairy indemnity disbursements. 
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be avail-
able from funds in the Agricultural Credit Insurance Fund, as 
follows: farm ownership loans, $998,000,000, of which $870,000,000 
shall be for guaranteed loans; operating loans, $1,972,741,000, of 
which $1,077,839,000 shall be for unsubsidized guaranteed loans 
and $369,902,000 shall be for subsidized guaranteed loans; Indian 
tribe land acquisition loans as authorized by 25 U.S.C. 488, 
$2,006,000; for emergency insured loans, $25,000,000 to meet the 
needs resulting from natural disasters; and for boll weevil eradi-
cation program loans as authorized by 7 U.S.C. 1989, $100,000,000. 
For the cost of direct and guaranteed loans, including the 
cost of modifying loans as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: farm ownership loans, 
$18,223,000, of which $4,437,000 shall be for guaranteed loans; 
operating loans, $92,310,000, of which $14,770,000 shall be for 
unsubsidized guaranteed loans and $30,185,000 shall be for sub-
sidized guaranteed loans; Indian tribe land acquisition loans as 
authorized by 25 U.S.C. 488, $323,000; and for emergency insured 
loans, $6,133,000 to meet the needs resulting from natural disasters. 
In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $269,454,000, of 
which $265,315,000 shall be transferred to and merged with the 
appropriation for "Farm Service Agency, Salaries and Expenses". 
Funds appropriated by this Act to the Agricultural Credit Insur-
ance Program Account for farm ownership and operating direct 
loans and guaranteed loans may be transferred among these pro-
grams with the prior approval of the Committees on Appropriations 
of both Houses of Congress. 
RISK MANAGEMENT AGENCY 
For administrative and operating expenses, as authorized by 
the Federal Agriculture Improvement and Reform Act of 1996 (7 
U.S.C. 6933), $65,597,000: Provided, That not to exceed $700 shall 
be available for official reception and representation expenses, as 
authorized by 7 U.S.C. 1506(i). 
114 STAT. 1549A-14 
PUBLIC LAW 106-387—APPENDIX 
CORPORATIONS 
The following corporations and agencies are hereby authorized 
to make expenditures, within the limits of funds and borrowing 
authority available to each such corporation or agency and in accord 
with law, and to make contracts and commitments without regard 
to fiscal year limitations as provided by section 104 of the Govern-
ment Corporation Control Act as may be necessary in carrying 
out the programs set forth in the budget for the current fiscal 
year for such corporation or agency, except as hereinafter provided. 
FEDERAL CROP INSURANCE CORPORATION FUND 
For payments as authorized by section 516 of the Federal 
Crop Insurance Act, such sums as may be necessary, to remain 
available until expended (7 U.S.C. 2209b). 
COMMODITY CREDIT CORPORATION FUND 
REIMBURSEMENT FOR NET REALIZED LOSSES 
For fiscal year 2001, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 
of the Act of August 17, 1961 (15 U.S.C. 713a-ll). 
OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE 
MANAGEMENT 
For fiscal year 2001, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with 
the requirement of section 107(g) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act (42 U.S.C. 
9607(g)), and section 6001 of the Resource Conservation and Recov-
ery Act (42 U.S.C. 6961). 
TITLE II 
CONSERVATION PROGRAMS 
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND 
ENVIRONMENT 
For necessary salaries and expenses of the Office of the Under 
Secretary for Natural Resources and Environment to administer 
the laws enacted by the Congress for the Forest Service and the 
Natural Resources Conservation Service, $711,000: Provided, That 
none of the funds appropriated or otherwise made available by 
this Act or any other Act shall be available to the Office of the 
Under Secretary for Natural Resources and Environment for the 
supervision, management, or direction of the Forest Service or 
the Natural Resources Conservation Service until January 20, 2001: 
Provided further. That the Chiefs of the Forest Service and the 
Natural Resources Conservation Service shall report directly to 
the Secretary of Agriculture until January 20, 2001. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-15 
NATURAL RESOURCES CONSERVATION SERVICE 
CONSERVATION OPERATIONS 
For necessary expenses for carrying out the provisions of the 
Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation 
of conservation plans and establishment of measures to conserve 
soil and water (including farm irrigation and land drainage and 
such special measures for soil and water management as may 
be necessary to prevent floods and the siltation of reservoirs and 
to control agricultural related pollutants); operation of conservation 
plant materials centers; classification and mapping of soil; dissemi-
nation of information; acquisition of lands, water, and interests 
therein for use in the plant materials program by donation, 
exchange, or purchase at a nominal cost not to exceed $100 pursuant 
to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection 
or alteration or improvement of permanent and temporary build-
ings; and operation and maintenance of aircraft, $714,116,000, to 
remain available until expended (7 U.S.C. 2209b), of which not 
less than $5,990,000 is for snow survey and water forecasting 
and not less than $9,125,000 is for operation and establishment 
of the plant materials centers: Provided, That appropriations here-
under shall be available pursuant to 7 U.S.C. 2250 for construction 
and improvement of buildings and public improvements at plant 
materials centers, except that the cost of alterations and improve-
ments to other buildings and other public improvements shall not 
exceed $250,000: Provided further, That not to exceed $2,000,000 
of this amount shall be available for the Urban Resources Partner-
ship program, of which $1,000,000 shall be available only after 
promulgation of a final rule on this program: Provided 
further. 
That not to exceed $204,000 of this amount shall be available 
for American Heritage Rivers: Provided further, That when build-
ings or other structures are erected on non-Federal land, that 
the right to use such land is obtained as provided in 7 U.S.C. 
2250a: Provided further. That this appropriation shall be available 
for technical assistance and related expenses to carry out programs 
authorized by section 202(c) of title II of the Colorado River Basin 
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided 
further, 
That this appropriation shall be available for employment pursuant 
to the second sentence of section 706(a) of the Organic Act of 
1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be available 
for employment under 5 U.S.C. 3109: Provided further. That quali-
fied local engineers may be temporarily employed at per diem 
rates to perform the technical planning work of the Service (16 
U.S.C. 590e-2). 
WATERSHED SURVEYS AND PLANNING 
For necessary expenses to conduct research, investigation, and 
surveys of watersheds of rivers and other waterways, and for small 
watershed investigations and planning, in accordance with the 
Watershed Protection and Flood Prevention Act approved August 
4, 1954 (16 U.S.C. 1001-1009), $10,868,000: Provided, That not 
to exceed $136,000 shall be available for American Heritage Rivers: 
Provided further. That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of 
the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $110,000 
shall be available for employment under 5 U.S.C. 3109. 
114 STAT. 1549A-16 
PUBLIC LAW 106-387—APPENDIX 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For necessary expenses to carry out preventive measures, 
including but not limited to research, engineering operations, meth-
ods of cultivation, the growing of vegetation, rehabilitation of exist-
ing works and changes in use of land, in accordance with the 
Watershed Protection and Flood Prevention Act approved August 
4, 1954 (16 U.S.C. 1001-1005 and 1007-1009), the provisions of 
the Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance 
with the provisions of laws relating to the activities of the Depart-
ment, $99,443,000, to remain available until expended (7 U.S.C. 
2209b) (of which up to $15,000,000 may be available for the water-
sheds authorized under the Flood Control Act approved June 22, 
1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not 
to exceed $44,423,000 of this appropriation shall be available for 
technical assistance: Provided further. That this appropriation shall 
be available for employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and 
not to exceed $200,000 shall be available for employment under 
5 U.S.C. 3109: Provided further. That not to exceed $1,000,000 
of this appropriation is available to carry out the purposes of 
the Endangered Species Act of 1973 (Public Law 93-205), including 
cooperative efforts as contemplated by that Act to relocate endan-
gered or threatened species to other suitable habitats as may be 
necessary to expedite project construction: Provided further. That 
of the funds available for Emergency Watershed Protection activi-
ties, $8,000,000 shall be available for Ohio, New Mexico, Mississippi, 
and Wisconsin for financial and technical assistance for pilot 
rehabilitation projects of small, upstream dams built under the 
Watershed and Flood Prevention Act of 1954, Public Law 83-566 
(16 U.S.C. 1001 et seq.); section 13 of the Flood Control Act of 
1944, Public Law 78-534 (33 U.S.C. 701b-l); the pilot watershed 
program authorized under the heading "FLOOD PREVENTION" 
of the Department of Agriculture Appropriations Act, 1954, Public 
Law 83-156 (67 Stat. 214); and subtitle H of title XV of the 
Agriculture and Food Act of 1981 (16 U.S.C. 3451 et seq.): Provided 
further. That the amount of Federal funds that may be made 
available to an eligible local organization for construction of a 
particular rehabilitation project shall be equal to 65 percent of 
the total rehabilitation costs, but not to exceed 100 percent of 
actual construction costs incurred in the rehabilitation: Provided 
further. That consistent with existing statute, rehabilitation assist-
ance provided may not be used to perform operation and mainte-
nance activities specified in the agreement for the covered water 
resource projects entered into between the Secretary and the eligible 
local organization responsible for the works of improvement. 
RESOURCE 
CONSERVATION 
AND DEVELOPMENT 
For necessary expenses in planning and carrying out projects 
for resource conservation and development and for sound land use 
pursuant to the provisions of section 32(e) of title III of the 
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 
607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and the Agri-
culture and Food Act of 1981 (16 U.S.C. 3451-3461), $42,015,000, 
to remain available until expended (7 U.S.C. 2209b): Provided, 
That this appropriation shall be available for employment pursuant 
to the second sentence of section 706(a) of the Organic Act of 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-17 
1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available 
for employment under 5 U.S.C. 3109. 
FORESTRY INCENTIVES PROGRAM 
For necessary expenses, not otherwise provided for, to carry 
out the program of forestry incentives, as authorized by the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101), 
including technical assistance and related expenses, $6,325,000, 
to remain available until expended, as authorized by that Act. 
TITLE III 
RURAL DEVELOPMENT PROGRAMS 
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT 
For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under 
the laws enacted by the Congress for the Rural Housing Service, 
the Rural Business-Cooperative Service, and the Rural Utilities 
Service of the Department of Agriculture, $605,000. 
RURAL COMMUNITY ADVANCEMENT PROGRAM 
For the cost of direct loans, loan guarantees, and grants, as 
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except 
for sections 381E-H, 38 IN, and 3810 of the Consohdated Farm 
and Rural Development Act, $762,542,000, to remain available until 
expended, of which $53,225,000 shall be for rural community pro-
f
rams described in section 381E(d)(l) of such Act; of which 
644,360,000 shall be for the rural utilities programs described 
in sections 381E(d)(2), 306C(a)(2), and 306D of such Act; and of 
which $64,957,000 shall be for the rural business and cooperative 
development programs described in section 381E(d)(3) of such Act: 
Provided, That of the total amount appropriated in this account, 
$24,000,000 shall be for loans and grants to benefit Federally Recog-
nized Native American Tribes, including grants for drinking and 
waste disposal systems pursuant to section 306C of such Act, of 
which $250,000 shall be available for a grant to a qualified national 
organization to provide technical assistance for rural transportation 
in order to promote economic development: Provided further. That 
of the amount appropriated for rural community programs, 
$6,000,000 shall be available for a Rural Community Development 
Initiative: Provided further. That such funds shall be used solely 
to develop the capacity and ability of private, nonprofit community-
based housing and community development organizations serving 
low-income rural communities, including Federally Recognized 
Indian tribes to undertake projects to improve housing, community 
facilities, community and economic development projects in rural 
areas: Provided further, That such funds shall be made available 
to qualified private, nonprofit intermediary organizations (including 
tribal) proposing to carry out a program of financial and technical 
assistance to other public entities with a record of achievement 
in providing technical and financial assistance to housing and 
community development organizations in rural areas: Provided fur-
ther, That such intermediary organizations shall provide matching 
114 STAT. 1549A-18 
PUBLIC LAW 106-387—APPENDIX 
funds from other sources, including Federal funds for related activi-
ties, in an amount not less than funds provided: Provided 
farther, 
That of the amount appropriated for rural community programs, 
not to exceed $5,000,000 shall be for hazardous weather early 
warning systems: Provided further, That of the amount appropriated 
for the rural business and cooperative development programs, not 
to exceed $500,000 shall be made available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation 
in 
order 
to 
promote 
economic 
development; 
$5,000,000 shall be for rural partnership technical assistance 
grants; and $2,000,000 shall be for grants to Mississippi Delta 
Region counties: Provided further. That of the amount appropriated 
for rural utilities programs, not to exceed $20,000,000 shall be 
for water and waste disposal systems to benefit the Colonias along 
the United States/Mexico borders, including grants pursuant to 
section 306C of such Act; not to exceed $20,000,000 shall be for 
water and waste disposal systems for rural and native villages 
in Alaska pursuant to section 306D of such Act, with up to 1 
percent available to administer the program and up to 1 percent 
available to improve interagency coordination; not to exceed 
$16,215,000 shall be for technical assistance grants for rural waste 
systems pursuant to section 306(a)(14) of such Act; and not to 
exceed $9,500,000 shall be for contracting with qualified national 
organizations for a circuit rider program to provide technical assist-
ance for rural water systems: Provided further. That of the total 
amount appropriated, not to exceed $42,574,650 shall be available 
through June 30, 2001, for authorized empowerment zones and 
enterprise communities and communities designated by the Sec-
retary of Agriculture as Rural Economic Area Partnership Zones; 
of which $34,704,000 shall be for the rural utilities programs 
described in section 381E(d)(2) of such Act; and of which $8,435,000 
shall be for the rural business and cooperative development pro-
grams described in section 381E(d)(3) of such Act. 
RURAL DEVELOPMENT SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of administering Rural Development 
programs as authorized by the Rural Electrification Act of 1936; 
the Consolidated Farm and Rural Development Act; title V of the 
Housing Act of 1949; section 1323 of the Food Security Act of 
1985; the Cooperative Marketing Act of 1926 for activities related 
to marketing aspects of cooperatives, including economic research 
findings, authorized by the Agricultural Marketing Act of 1946; 
for activities with institutions concerning the development and oper-
ation of agricultural cooperatives; and for cooperative agreements; 
$130,371,000: Provided, That this appropriation shall be available 
for employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$1,000,000 may be used for employment under 5 U.S.C. 3109: 
Provided further. That not more than $10,000 may be expended 
to provide modest nonmonetary awards to non-USDA employees: 
Provided further. That any balances available from prior years 
for the Rural Utilities Service, Rural Housing Service, and the 
Rural Business-Cooperative Service salaries and expenses accounts 
shall be transferred to and merged with this account. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-19 
RURAL HOUSING SERVICE 
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 
( I N C L U D I N G TRANSFER OF FUNDS) 
For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 
1949, to be available from funds in the rural housing insurance 
fund, as follows: $4,800,000,000 for loans to section 502 borrowers, 
as determined by the Secretary, of which $3,700,000,000 shall be 
for unsubsidized guaranteed loans; $32,396,000 for section 504 hous-
ing repair loans; $100,000,000 for section 538 guaranteed multi-
family housing loans; $114,321,000 for section 515 rental housing; 
$5,152,000 for section 524 site loans; $11,780,000 for credit sales 
of acquired property, of which up to $1,780,000 may be for multi-
family credit sales; and $5,000,000 for section 523 self-help housing 
land development loans: Provided, That of the total amount made 
available for loans to section 502 borrowers, up to $5,400,000 shall 
be available until expended for use under a demonstration program 
to be carried out by the Secretary of Agriculture in North Carolina 
to determine the timeliness, quality, suitability, efficiency, and cost 
of utilizing modular housing to house low-income and very low-
income elderly families who: (1) have lost their housing because 
of a major disaster (as so declared by the President pursuant 
to the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act); and (2)(A) do not have homeowner's insurance; or (B) can 
not repay a direct loan that is provided under section 502 of the 
Housing Act of 1949 with the maximum subsidy allowed for such 
loans: Provided further, That of the amounts made available for 
such demonstration program, $5,000,000 shall be for grants and 
$400,000 shall be for the cost (as defined in section 502 of the 
Congressional Budget Act of 1974) of loans, for such families to 
acquire modular housing. 
For the cost of direct and guaranteed loans, including the 
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: section 502 loans, 
$184,160,000 of which $7,400,000 shall be for unsubsidized guaran-
teed loans; section 504 housing repair loans, $11,481,000; section 
538 multi-family housing guaranteed loans, $1,520,000; section 515 
rental housing, $56,326,000; multi-family credit sales of acquired 
property, $874,000; and section 523 self-help housing land develop-
ment loans, $279,000: Provided, That of the total amount appro-
priated in this paragraph, $13,832,000 shall be available through 
June 30, 2001, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agri-
culture as Rural Economic Area Partnership Zones. 
In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $409,233,000, which 
shall be transferred to and merged with the appropriation for 
"Rural Development, Salaries and Expenses". 
RENTAL ASSISTANCE PROGRAM 
For rental assistance agreements entered into or renewed 
pursuant to the authority under section 521(a)(2) or agreements 
entered into in lieu of debt forgiveness or payments for eligible 
households as authorized by section 502(c)(5)(D) of the Housing 
79-194 O - 00 - 27 : QL 3 Part 2 
114 STAT. 1549A-20 
PUBLIC LAW 106-387—APPENDIX 
Act of 1949, $680,000,000; and, in addition, such sums as may 
be necessary, as authorized by section 521(c) of the Act, to liquidate 
debt incurred prior to fiscal year 1992 to carry out the rental 
assistance program under section 521(a)(2) of the Act: Provided, 
That of this amount, not more than $5,900,000 shall be available 
for debt forgiveness or payments for eligible households as author-
ized by section 502(c)(5)(D) of the Act, and not to exceed $10,000 
per project for advances to nonprofit organizations or public agencies 
to cover direct costs (other than purchase price) incurred in purchas-
ing projects pursuant to section 502(c)(5)(C) of the Act: Provided 
further, That agreements entered into or renewed during fiscal 
year 2001 shall be funded for a 5-year period, although the life 
of any such agreement may be extended to fully utilize amounts 
obligated. 
MUTUAL AND SELF-HELP HOUSING GRANTS 
For grants and contracts pursuant to section 523(b)(1)(A) of 
the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain 
available until expended (7 U.S.C. 2209b): Provided, That of the 
total amount appropriated, $1,000,000 shall be available through 
June 30, 2001, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agri-
culture as Rural Economic Area Partnership Zones. 
RURAL HOUSING ASSISTANCE GRANTS 
For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 
1490m, $44,000,000, to remain available until expended: Provided, 
That of the total amount appropriated, $5,000,000 shall be for 
a housing demonstration program for agriculture, aquaculture, and 
seafood processor workers: Provided further, 
That of the total 
amount appropriated, $1,200,000 shall be available through June 
30, 2001, for authorized empowerment zones and enterprise commu-
nities and communities designated by the Secretary of Agriculture 
as Rural Economic Area Partnership Zones. 
FARM 
LABOR 
PROGRAM 
ACCOUNT 
For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $30,000,000, to remain available 
until expended, for direct farm labor housing loans and domestic 
farm labor housing grants and contracts. 
RURAL BUSINESS-COOPERATIVE SERVICE 
RURAL 
DEVELOPMENT 
LOAN 
FUND 
PROGRAM 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of direct loans, $19,476,000, as authorized by 
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 
$2,036,000 shall be for federally recognized Native American tribes 
and of which $4,072,000 shall be for Mississippi Delta Region coun-
ties (as defined by Public Law 100-460): Provided, That such costs, 
including the cost of modifying such loans, shall be as defined 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-21 
in section 502 of the Congressional Budget Act of 1974: Provided 
further. That these funds are available to subsidize gross obligations 
for the principal amount of direct loans of $38,256,000: Provided 
further. That of the total amount appropriated, $3,216,000 shall 
be available through June 30, 2001, for the cost of direct loans 
for authorized empowerment zones and enterprise communities and 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones. 
In addition, for administrative expenses to carry out the direct 
loan programs, $3,640,000 shall be transferred to and merged with 
the appropriation for "Rural Development, Salaries and Expenses". 
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT 
(INCLUDING RESCISSION OF FUNDS) 
For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$15,000,000. 
For the cost of direct loans, including the cost of modifying 
loans as defined in section 502 of the Congressional Budget Act 
of 1974, $3,911,000, which shall be administered in accordance 
with the regulations utilized in fiscal year 2000. 
Of the funds derived from interest on the cushion of credit 
payments in fiscal year 2001, as authorized by section 313 of 
the Rural Electrification Act of 1936, $3,911,000 shall not be obli-
gated and $3,911,000 are rescinded. 
RURAL 
COOPERATIVE 
DEVELOPMENT 
GRANTS 
For rural cooperative development grants authorized under 
section 310B(e) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1932), $6,500,000, of which $2,000,000 shall be avail-
able for cooperative agreements for the appropriate technology 
transfer for rural areas program: Provided, That not to exceed 
$1,500,000 of the total amount appropriated shall be made available 
to cooperatives or associations of cooperatives whose primary focus 
is to provide assistance to small, minority producers and whose 
governing board and/or membership is comprised of at least 75 
percent minority. 
RURAL UTILITIES SERVICE 
RURAL 
ELECTRIFICATION 
AND 
TELECOMMUNICATIONS 
LOANS 
PROGRAM 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
Insured loans pursuant to the authority of section 305 of the 
Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made 
as follows: 5 percent rural electrification loans, $121,500,000; 5 
percent rural telecommunications loans, $75,000,000; cost of money 
rural telecommunications loans, $300,000,000; municipal rate rural 
electric loans, $295,000,000; and loans made pursuant to section 
306 of that Act, rural electric, $1,700,000,000 and rural tele-
communications, $120,000,000; and $500,000,000 for Treasury rate 
direct electric loans. 
114 STAT. 1549A-22 
PUBLIC LAW 106-387—APPENDIX 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, including the cost of modifying loans, of direct 
and guaranteed loans authorized by the Rural Electrification Act 
of 1936 (7 U.S.C. 935 and 936), as follows: cost of direct loans, 
$19,871,000; and cost of municipal rate loans, $20,503,000: Pro-
vided, That notwithstanding section 305(d)(2) of the Rural Elec-
trification Act of 1936, borrower interest rates may exceed 7 percent 
per year. 
In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $34,716,000, which 
shall be transferred to and merged with the appropriation for 
"Rural Development, Salaries and Expenses". 
RURAL TELEPHONE BANK PROGRAM ACCOUNT 
( I N C L U D I N G TRANSFER OF FUNDS) 
The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds available to such corpora-
tion in accord with law, and to make such contracts and commit-
ments without regard to fiscal year limitations as provided by 
section 104 of the Government Corporation Control Act, as may 
be necessary in carrying out its authorized programs. During fiscal 
year 2001 and within the resources and authority available, gross 
obligations for the principal amount of direct loans shall be 
$175,000,000. 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, including the cost of modifying loans, of direct 
loans authorized by the Rural Electrification Act of 1936 (7 U.S.C. 
935), $2,590,000. 
In addition, for administrative expenses, including audits, nec-
essary to carry out the loan programs, $3,000,000, which shall 
be transferred to and merged with the appropriation for "Rural 
Development, Salaries and Expenses". 
DISTANCE LEARNING AND TELEMEDICINE PROGRAM 
For the cost of direct loans and grants, as authorized by 7 
U.S.C. 950aaa et seq., $27,000,000, to remain available until 
expended, to be available for loans and grants for telemedicine 
and distance learning services in rural areas, and of which 
$2,000,000 may be available for a pilot program to finance 
broadband transmission and local dial-up Internet service in areas 
that meet the definition of "rural area" used for the Distance 
Learning and Telemedicine Program authorized by 7 U.S.C. 950aaa: 
Provided, That the cost of direct loans shall be as defined in section 
502 of the Congressional Budget Act of 1974. 
TITLE IV 
DOMESTIC FOOD PROGRAMS 
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND 
CONSUMER SERVICES 
For necessary salaries and expenses of the Office of the Under 
Secretary for Food, Nutrition and Consumer Services to administer 
the laws enacted by the Congress for the Food and Nutrition Serv-
ice, $570,000. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-23 
FOOD AND NUTRITION SERVICE 
CHILD NUTRITION PROGRAMS 
( I N C L U D I N G TRANSFERS OF FUNDS) 
For necessary expenses to carry out the National School Lunch 
Act (42 U.S.C. 1751 et seq.), except section 21, and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 
17 and 21; $9,541,539,000, to remain available through September 
30, 2002, of which $4,413,960,000 is hereby appropriated and 
$5,127,579,000 shall be derived by transfer from funds available 
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): 
Provided, That except as specifically provided under this heading, 
none of the funds made available under this heading shall be 
used for studies and evaluations: Provided further. That of the 
funds made available under this heading, up to $6,000,000 shall 
be for school breakfast pilot projects, including the evaluation 
required under section 18(e) of the National School Lunch Act: 
Provided further. That of the funds made available under this 
heading, $500,000 shall be for a School Breakfast Program startup 
grant pilot program for the State of Wisconsin: Provided 
further, 
That school food authorities in Ohio participating in a domestic 
food assistance program administered by the Secretary and prepar-
ing meals for use by other schools and institutions also participating 
in a domestic food assistance program, shall, with regard to such 
meals, not be subject to additional requirements under section 
301(c) of the Federal Meat Inspection Act or section 5(c) of the 
Poultry Products Inspection Act: Provided further. That up to 
$4,511,000 shall be available for independent verification of school 
food service claims. 
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 
AND CHILDREN (WIC) 
For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $4,052,000,000, to remain available 
through September 30, 2002: Provided, That none of the funds 
made available under this heading shall be used for studies and 
evaluations: Provided further. That of the total amount available, 
the Secretary shall obligate $10,000,000 for the farmers' market 
nutrition program within 45 days of the enactment of this Act, 
and an additional $10,000,000 for the farmers' market nutrition 
program from any funds not needed to maintain current caseload 
levels: Provided further. That notwithstanding section 17(h)(10)(A) 
of such Act, up to $14,000,000 shall be available for the purposes 
specified in section 17(h)(10)(B), no less than $6,000,000 of which 
shall be used for the development of electronic benefit transfer 
sj^tems: Provided further. That none of the funds in this Act 
shall be available to pay administrative expenses of WIC clinics 
except those that have an announced policy of prohibiting smoking 
within the space used to carry out the program: Provided 
further. 
That none of the funds provided in this account shall be available 
for the purchase of infant formula except in accordance with the 
cost containment and competitive bidding requirements specified 
in section 17 of such Act: Provided further, That none of the funds 
provided shall be available for activities that are not fully 
114 STAT. 1549A-24 
PUBLIC LAW 106-387—APPENDIX 
reimbursed by other Federal Government departments or agencies 
unless authorized by section 17 of such Act: Provided further. That 
funds made available under this heading shall be made available 
for sites participating in the special supplemental nutrition program 
for women, infants, and children to determine whether a child 
eligible to participate in the program has received a blood lead 
screening test, using a test that is appropriate for age and risk 
factors, upon the enrollment of the child in the program. 
FOOD STAMP PROGRAM 
For necessary expenses to carry out the Food Stamp Act (7 
U.S.C. 2011 et seq.), $20,114,293,000, of which $100,000,000 shall 
be placed in reserve for use only in such amounts and at such 
times as may become necessary to carry out program operations: 
Provided, That of the funds made available under this heading 
and not already appropriated to the Food Distribution Program 
on Indian Reservations (FDPIR) established under section 4(b) of 
the Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not to exceed 
$3,000,000 shall be used to purchase bison for the FDPIR: Provided 
further. That the Secretary shall purchase such bison from Native 
American producers and Cooperative Oganizations without competi-
tion: Provided further. That none of the funds made available under 
this heading shall be used for studies and evaluations: Provided 
further. That funds provided herein shall be expended in accordance 
with section 16 of the Food Stamp Act: Provided further. That 
this appropriation shall be subject to any work registration or 
workfare requirements as may be required by law: Provided further. 
That not more than $194,000,000 may be reserved by the Secretary, 
notwithstanding section 16(h)(l)(A)(vi) of the Food Stamp Act of 
1977 (7 U.S.C. 2025(h)(l)(A)(vi)), for allocation to State agencies 
under section 16(h)(1) of such Act to carry out Emplo3anent and 
Training programs: Provided further. That funds made available 
for Employment and Training under this heading shall remain 
available until expended, as authorized by section 16(h)(1) of the 
Food Stamp Act. 
COMMODITY ASSISTANCE PROGRAM 
For necessary expenses to carry out the commodity supple-
mental food program as authorized by section 4(a) of the Agriculture 
and Consumer Protection Act of 1973 (7 U.S.C. 612c note) and 
the Emergency Food Assistance Act of 1983, $140,300,000, to remain 
available through September 30, 2002: Provided, That none of these 
funds shall be available to reimburse the Commodity Credit Cor-
poration for commodities donated to the program: Provided further, 
That notwithstanding section 5(a)(2) of the Agriculture and Con-
sumer Protection Act of 1973 (Public Law 93-86; 7 U.S.C. 612c 
note), $20,781,000 of this amount shall be available for administra-
tive expenses of the commodity supplemental food program. 
FOOD 
DONATIONS 
PROGRAMS 
For necessary expenses to carry out section 4(a) of the Agri-
culture and Consumer Protection Act of 1973; special assistance 
for the nuclear affected islands as authorized by section 103(h)(2) 
of the Compacts of Free Association Act of 1985, as amended; 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-26 
and section 311 of the Older Americans Act of 1965, $151,081,000, 
to remain available through September 30, 2002. 
FOOD PROGRAM ADMINISTRATION 
For necessary administrative expenses of the domestic food 
programs funded under this Act, $116,807,000, of which $5,000,000 
shall be available only for simplifying procedures, reducing overhead 
costs, tightening regulations, improving food stamp benefit delivery, 
and assisting in the prevention, identification, and prosecution of 
fraud and other violations of law and of which not less than 
$4,500,000 shall be available to improve integrity in the Food 
Stamp and Child Nutrition programs: Provided, That this appro-
priation shall be available for emplo3anent pursuant to the second 
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), and not to exceed $150,000 shall be available for employment 
under 5 U.S.C. 3109. 
TITLE V 
FOREIGN ASSISTANCE AND RELATED PROGRAMS 
FOREIGN AGRICULTURAL SERVICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Foreign Agricultural Service, 
including canying out title VI of the Agricultural Act of 1954 
(7 U.S.C. 1761-1768), market development activities abroad, and 
for enabling the Secretary to coordinate and integrate activities 
of the Department in connection with foreign agricultural work, 
including not to exceed $158,000 for representation allowances and 
for expenses pursuant to section 8 of the Act approved August 
3, 1956 (7 U.S.C. 1766), $115,424,000: Provided, That the Service 
may utilize advances of funds, or reimburse this appropriation 
for expenditures made on behalf of Federal agencies, public and 
private organizations and institutions under agreements executed 
pursuant to the agricultural food production assistance programs 
(7 U.S.C. 1737) and the foreign assistance programs of the United 
States Agency for International Development. 
None of the funds in the foregoing paragraph shall be available 
to promote the sale or export of tobacco or tobacco products. 
PUBLIC LAW 4 8 0 T I T L E I PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of agreements under the Agricultural Trade 
Development and Assistance Act of 1954, and the Food for Progress 
Act of 1985, including the cost of modifying credit arrangements 
under said Acts, $114,186,000, to remain available until expended. 
In addition, for administrative expenses to carry out the credit 
program of title I, Public Law 83-480, and the Food for Progress 
Act of 1985, to the extent funds appropriated for Public Law 83-
480 are utihzed, $1,850,000, of which $1,035,000 may be transferred 
to and merged with the appropriation for "Foreign Agricultural 
114 STAT. 1549A-26 
PUBLIC LAW 106-387—APPENDIX 
Service, Salaries and Expenses", and of which $815,000 may be 
transferred to and merged with the appropriation for "Farm Service 
Agency, Salaries and Expenses". 
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTLy;. GRANTS 
( I N C L U D I N G TRANSFERS OF FUNDS) 
For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance 
Act of 1954, $20,322,000, to remain available until expended, for 
ocean freight differential costs for the shipment of agricultural 
commodities under title I of said Act: Provided, That funds made 
available for the cost of title I agreements emd for title I ocean 
freight differential may be used interchangeably between the two 
accounts with prior notice to the Committees on Appropriations 
of both Houses of Congress. 
PUBLIC LAW 480 TITLE II GRANTS 
For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance 
Act of 1954, $837,000,000, to remain available until expended, 
for commodities supplied in connection with dispositions abroad 
under title II of said Act. 
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, 
$3,820,000; to cover common overhead expenses as permitted by 
section 11 of the Commodity Credit Corporation Charter Act and 
in conformity with the Federal Credit Reform Act of 1990, of which 
$3,231,000 may be transferred to and merged with the appropriation 
for "Foreign Agricultural Service, Salaries and Expenses", and of 
which $589,000 may be transferred to and merged with the appro-
priation for "Farm Service Agency, Salaries and Expenses". 
TITLE VI 
RELATED AGENCIES AND FOOD AND DRUG 
ADMINISTRATION 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
FOOD AND DRUG ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for pay-
ment of space rental and related costs pursuant to Public Law 
92-313 for programs and activities of the Food and Drug Adminis-
tration which are included in this Act; for rental of special purpose 
space in the District of Columbia or elsewhere; and for miscellane-
ous and emergency expenses of enforcement activities, authorized 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-27 
and approved by the Secretary and to be accounted for solely 
on the Secretary's certificate, not to exceed $25,000; $1,217,797,000, 
of which not to exceed $149,273,000 in prescription drug user fees 
authorized by 21 U.S.C. 379(h) may be credited to this appropriation 
and remain available until expended: Provided, That fees derived 
from applications received during fiscal year 2001 shall be subject 
to the fiscal year 2001 limitation: Provided further. That none 
of these funds shall be used to develop, establish, or operate any 
program of user fees authorized by 31 U.S.C. 9701: Provided further. 
That of the total amount appropriated: (1) $285,269,000 shall be 
for the Center for Food Safety and Applied Nutrition and related 
field activities in the Office of Regulatory Affairs; (2) $317,547,000 
shall be for the Center for Drug Evaluation and Research and 
related field activities in the Office of Regulatory Affairs, of which 
no less than $12,534,000 shall be available for grants and contracts 
awarded under section 5 of the Orphan Drug Act (21 U.S.C. 360ee); 
(3) $140,489,000 shall be for the Center for Biologies Evaluation 
and Research and for related field activities in the Office of Regu-
latory Affairs; (4) $64,069,000 shall be for the Center for Veterinary 
Medicine and for related field activities in the Office of Regulatory 
Affairs; (5) $165,207,000 shall be for the Center for Devices and 
Radiological Health and for related field activities in the Office 
of Regulatory Affairs; (6) $35,568,000 shall be for the National 
Center for Toxicological Research; (7) $25,855,000 shall be for Rent 
and Related activities, other than the amounts paid to the General 
Services Administration; (8) $104,954,000 shall be for payments 
to the General Services Administration for rent and related costs; 
and (9) $78,839,000 shall be for other activities, including the 
Office of the Commissioner; the Office of Management and Systems; 
the Office of the Senior Associate Commissioner; the Office of Inter-
national and Constituent Relations; the Office of Policy, Legislation, 
and Planning; and central services for these offices: Provided fur-
ther. That funds may be transferred from one specified activity 
to another with the prior approval of the Committees on Appropria-
tions of both Houses of Congress. 
In addition, mammography user fees authorized by 42 U.S.C. 
263(b) may be credited to this account, to remain available until 
expended. 
In addition, export certification user fees authorized by 21 
U.S.C. 381 may be credited to this account, to remain available 
until expended. 
BUILDINGS AND FACILITIES 
For plans, construction, repair, improvement, extension, alter-
ation, and purchase of fixed equipment or facilities of or used 
by the Food and Drug Administration, where not otherwise pro-
vided, $31,350,000, to remain available until expended (7 U.S.C. 
2209b). 
INDEPENDENT AGENCIES 
COMMODITY FUTURES TRADING COMMISSION 
For necessary expenses to carry out the provisions of the 
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the pur-
chase and hire of passenger motor vehicles; the rental of space 
(to include multiple year leases) in the District of Columbia and 
114 STAT. 1549A-28 
PUBLIC LAW 106-387—APPENDIX 
elsewhere; and not to exceed $25,000 for employment under 5 
U.S.C. 3109, $68,000,000, including not to exceed $1,000 for official 
reception and representation expenses. 
FARM CREDIT ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
Not to exceed $36,800,000 (from assessments collected from 
farm credit institutions and from the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Pro-
vided, That this limitation shall not apply to expenses associated 
with receiverships. 
TITLE VII—GENERAL PROVISIONS 
SEC. 701. Within the unit limit of cost fixed by law, appropria-
tions and authorizations made for the Department of Agriculture 
for fiscal year 2001 under this Act shall be available for the pur-
chase, in addition to those specifically provided for, of not to exceed 
389 passenger motor vehicles, of which 385 shall be for replacement 
only, and for the hire of such vehicles. 
SEC. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor 
as authorized by law (5 U.S.C. 5901-5902). 
SEC. 703. Not less than $1,500,000 of the appropriations of 
the Department of Agriculture in this Act for research and service 
work authorized by sections 1 and 10 of the Act of June 29, 1935 
(7 U.S.C. 427, 427i; commonly known as the Bankhead-Jones Act), 
subtitle A of title II and section 302 of the Act of August 14, 
1946 (7 U.S.C. 1621 et seq.), and chapter 63 of title 31, United 
States Code, shall be available for contracting in accordance with 
such Acts and chapter. 
SEC. 704. The Secretary of Agriculture may transfer unobligated 
balances of funds appropriated by this Act or other available unobli-
gated balances of the Department of Agriculture to the Working 
Capital Fund for the acquisition of plant and capital equipment 
necessary for the delivery of financial, administrative, and informa-
tion technology services of primary benefit to the agencies of the 
Department of Agriculture: Provided, That none of the funds made 
available by this Act or any other Act shall be transferred to 
the Working Capital Fund without the prior approval of the agency 
administrator: Provided further. That none of the funds transferred 
to the Working Capital Fund pursuant to this section shall be 
available for obligation without the prior approval of the Commit-
tees on Appropriations of both Houses of Congress. 
SEC. 705. New obligational authority provided for the following 
appropriation items in this Act shall remain available until 
expended: Animal and Plant Health Inspection Service, the contin-
gency fund to meet emergency conditions, fruit fly program, 
integrated systems acquisition project, boll weevil program, up to 
25 percent of the screwworm program, and up to $2,000,000 for 
costs associated with colocating regional offices; Food Safety and 
Inspection Service, field automation and information management 
project; funds appropriated for rental payments; Cooperative State 
Research, Education, and Extension Service, funds for competitive 
research grants (7 U.S.C. 450i(b)), funds for the Research, Education 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-29 
and Economics Information System (REEIS), and funds for the 
Native American Institutions Endowment Fund; Farm Service 
Agency, salaries and expenses funds made available to county 
committees; Foreign Agricultural Service, middle-income country 
training program and up to $2,000,000 of the Foreign Agricultural 
Service appropriation solely for the purpose of offsetting fluctuations 
in international currency exchange rates, subject to documentation 
by the Foreign Agricultural Service. 
SEC. 706. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 707. Not to exceed $50,000 of the appropriations available 
to the Department of Agriculture in this Act shall be available 
to provide appropriate orientation and language training pursuant 
to section 606C of the Act of August 28, 1954 (7 U.S.C. 1766b; 
commonly known as the Agricultural Act of 1954). 
SEC. 708. No funds appropriated by this Act may be used 
to pay negotiated indirect cost rates on cooperative agreements 
or similar arrangements between the United States Department 
of Agriculture and nonprofit institutions in excess of 10 percent 
of the total direct cost of the agreement when the purpose of 
such cooperative arrangements is to carry out programs of mutual 
interest between the two parties. This does not preclude appropriate 
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis 
for all agencies for which appropriations are provided in this Act. 
SEC. 709. None of the funds in this Act shall be available 
to restrict the authority of the Commodity Credit Corporation to 
lease space for its own use or to lease space on behalf of other 
agencies of the Department of Agriculture when such space will 
be jointly occupied. 
SEC. 710. None of the funds in this Act shall be available 
to pay indirect costs charged against competitive agricultural 
research, education, or extension grant awards issued by the 
Cooperative State Research, Education, and Extension Service that 
exceed 19 percent of total Federal funds provided under each award: 
Provided, That notwithstanding section 1462 of the National Agri-
cultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3310), funds provided by this Act for grants awarded 
competitively by the Cooperative State Research, Education, and 
Extension Service shall be available to pay full allowable indirect 
costs for each grant awarded under section 9 of the Small Business 
Act (15 U.S.C. 638). 
SEC. 711. Notwithstanding any other provision of this Act, 
all loan levels provided in this Act shall be considered estimates, 
not limitations. 
SEC. 712. Appropriations to the Department of Agriculture for 
the cost of direct and guaranteed loans made available in fiscal 
year 2001 shall remain available until expended to cover obligations 
made in fiscal year 2001 for the following accounts: the rural 
development loan fund program account; the Rural Telephone Bank 
program account; the rural electrification and telecommunications 
loans program account; the Rural Housing Insurance Fund Program 
Account; and the rural economic development loans program 
account. 
SEC. 713. Notwithstanding chapter 63 of title 31, United States 
Code, marketing services of the Agricultural Marketing Service; 
114 STAT. 1549A-30 
PUBLIC LAW 106-387—APPENDIX 
the Grain Inspection, Packers and Stockyards Administration; the 
Animal and Plant Health Inspection Service; and the food safety 
activities of the Food Safety £ind Inspection Service may use 
cooperative agreements to reflect a relationship between the Agri-
cultural Marketing Service; the Grain Inspection, Packers and 
Stockyards Administration; the Animal and Plant Health Inspection 
Service; or the Food Safety and Inspection Service and a state 
or cooperator to carry out agricultural marketing programs, to 
carry out programs to protect the nation's anim^d and plant 
resources, or to carry out educational programs or special studies 
to improve the safety of the nation's food supply. 
SEC. 714. Notwithstanding any other provision of law (including 
provisions of law requiring competition), the Secretary of Agri-
culture may hereafter enter into cooperative agreements (which 
may provide for the acquisition of goods or services, including 
personal services) with a State, political subdivision, or agency 
thereof, a public or private agency, organization, or any other per-
son, if the Secretary determines that the objectives of the agreement 
will: (1) serve a mutual interest of the parties to the agreement 
in carrying out the programs administered by the Natural Resources 
Conservation Service; and (2) all parties will contribute resources 
to the accomplishment of these objectives: Provided, That Commod-
ity Credit Corporation funds obligated for such purposes shall not 
exceed the level obligated by the Commodity Credit Corporation 
for such purposes in fiscal year 1998. 
SEC. 715. None of the funds in this Act may be used to retire 
more than 5 percent of the Class A stock of the Rural Telephone 
Bank or to maintain any account or subaccount within the account-
ing records of the Rural Telephone Bank the creation of which 
has not specifically been authorized by statute: Provided, That 
notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available in this Act may be used 
to transfer to the Treasury or to the Federal Financing Bank 
any unobligated balance of the Rural Telephone Bank telephone 
liquidating account which is in excess of current requirements and 
such balance shall receive interest as set forth for financial accounts 
in section 505(c) of the Federal Credit Reform Act of 1990. 
SEC. 716. Of the funds made available by this Act, not more 
than $1,800,000 shall be used to cover necessary expenses of activi-
ties related to all advisory committees, panels, commissions, and 
task forces of the Department of Agriculture, except for panels 
used to comply with negotiated rule makings and panels used 
to evaluate competitively awarded grants. 
SEC. 717. None of the funds appropriated by this Act may 
be used to carry out section 410 of the Federal Meat Inspection 
Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection 
Act(21U.S.C. 471). 
SEC. 718. No employee of the Department of Agriculture may 
be detailed or assigned from an agency or office funded by this 
Act to any other agency or office of the Department for more 
than 30 days unless the individual's employing agency or office 
is fully reimbursed by the receiving agency or office for the salary 
and expenses of the employee for the period of assignment. 
SEC. 719. None of the funds appropriated or otherwise made 
available to the Department of Agriculture shall be used to transmit 
or otherwise make available to any non-Department of Agriculture 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-31 
employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process. 
SEC. 720. None of the funds made available to the Department 
of Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the 
Office of the Chief Information Officer, without the approval of 
the Chief Information Officer and the concurrence of the Executive 
Information Technology Investment Review Board: Provided, That 
notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available by this Act may be trans-
ferred to the Office of the Chief Information Officer without the 
prior approval of the Committees on Appropriations of both Houses 
of Congress. 
SEC. 721. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this 
Act that remain available for obligation or expenditure in fiscal 
year 2001, or provided from any accounts in the Treasury of the 
United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds which: (1) creates 
new programs; (2) eliminates a program, project, or activity; (3) 
increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions or activities 
presently performed by Federal employees; unless the Committees 
on Appropriations of both Houses of Congress are notified 15 days 
in advance of such reprogramming of funds. 
(b) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 
2001, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
for activities, programs, or projects through a reprogramming of 
funds in excess of $500,000 or 10 percent, whichever is less, that: 
(1) augments existing programs, projects, or activities; (2) reduces 
by 10 percent funding for any existing program, project, or activity, 
or numbers of personnel by 10 percent as approved by Congress; 
or (3) results from any general savings from a reduction in personnel 
which would result in a change in existing programs, activities, 
or projects as approved by Congress; unless the Committees on 
Appropriations of both Houses of Congress are notified 15 days 
in advance of such reprogramming of funds. 
(c) The Secretary of Agriculture shall notify the Committees 
on Appropriations of both Houses of Congress before implementing 
a program or activity not carried out during the previous fiscal 
year unless the program or activity is funded by this Act or specifi-
cally funded by any other Act. 
SEC. 722. (a) Of the funds made available to the Secretary 
of Agriculture pursuant to section 793(b)(1) of Public Law 104-
127 (7 U.S.C. 2204f) for the 2000 fiscal year— 
(1) $30,000,000 shall be available to be obligated for any 
purpose authorized under section 793 of that Act during the 
2001 fiscal year; and 
114 STAT. 1549A-32 
PUBLIC LAW 106-387—APPENDIX 
(2) $30,000,000 shall be available to be obligated for any 
purpose authorized under section 793 of that Act during the 
2002 fiscal year. 
(b) None of the funds appropriated or otherwise made available 
by this Act or any other Act may be used to pay the salaries 
and expenses of personnel to carry out the transfer or obligation 
of fiscal year 2001 funds under section 793 of Public Law 104^ 
127 (7 U.S.C. 2204f). 
SEC. 723. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and expenses 
of personnel who carry out an environmental quality incentives 
program authorized by chapter 4 of subtitle D of title XII of the 
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess 
of $174,000,000. 
SEC. 724. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out the transfer or obligation 
of fiscal year 2001 funds under the provisions of section 401 of 
Public Law 105-185, the Initiative for Future Agriculture and Food 
Systems (7 U.S.C. 7621): Provided, That notwithstanding section 
401(d) of Public Law 105-185, any appropriation or funds available 
to the Secretary of Agriculture to make grants under section 401 
of Public Law 105-185 shall be used only to make grants to His-
panic-serving institutions (as defined in 20 U.S.C. 1101a(5)); West 
Virginia State College in Institute; and the 1862 institutions, 1890 
institutions, and 1994 institutions, as defined in section 2 of Public 
Law 105-185 (7 U.S.C. 7601), or research foundations maintained 
by such institutions. 
SEC. 725. Hereafter, none of the funds made available to the 
Department of Agriculture shall be used to carry out any commodity 
purchase program that would prohibit eligibility or participation 
by farmer-owned cooperatives. 
SEC. 726. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries £md expenses 
of personnel to carry out a conservation farm option program, 
as authorized by section 1240M of the Food Security Act of 1985 
(16 U.S.C. 3839bb). 
SEC. 727. None of the funds made available to the Food and 
Drug Administration by this Act shall be used to close or relocate, 
or to plan to close or relocate, the Food and Drug Administration 
Division of Drug Analysis (recently renamed the Division of 
Pharmaceutical Analysis) in St. Louis, Missouri, except that funds 
could be used to plan a possible relocation of this Division within 
the city limits of St. Louis, Missouri. 
SEC. 728. None of the funds made available to the Food and 
Drug Administration by this Act shall be used to reduce the Detroit, 
Michigan, Food gmd Drug Administration District Office below the 
operating and full-time equivalent staffing level of July 31, 1999; 
or to change the Detroit District Office to a station, residence 
post or similarly modified office; or to reassign residence posts 
assigned to the Detroit District Office: Provided, That this section 
shall not apply to Food and Drug Administration field laboratory 
facilities or operations currently located in Detroit, Michigan, except 
that field laboratory personnel shall be assigned to locations in 
the general vicinity of Detroit, Michigan, pursuant to cooperative 
agreements between the Food and Drug Administration and other 
laboratory facilities associated with the State of Michigan. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-33 
SEC. 729. Hereafter, none of the funds appropriated by this 
Act or any other Act may be used to: 
(1) carry out the proviso under 7 U.S.C. 1622(f); or 
(2) carry out 7 U.S.C. 1622(h) unless the Secretary of 
Agriculture inspects and certifies agricultural processing equip-
ment, and imposes a fee for the inspection and certification, 
in a manner that is similar to the inspection and certification 
of agricultural products under that section, as determined by 
the Secretary: Provided, That this provision shall not affect 
the authority of the Secretary to carry out the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products 
Inspection Act (21 U.S.C. 1031 et seq.). 
SEC. 730. None of the funds appropriated by this Act or any 
other Act shall be used to pay the salaries and expenses of personnel 
who prepare or submit appropriations language as part of the 
President's Budget submission to the Congress of the United States 
for programs under the jurisdiction of the Appropriations Sub-
committees on Agriculture, Rural Development, and Related Agen-
cies that assumes revenues or reflects a reduction from the previous 
year due to user fees proposals that have not been enacted into 
law prior to the submission of the Budget unless such Budget 
submission identifies which additional spending reductions should 
occur in the event the user fees proposals are not enacted prior 
to the date of the convening of a committee of conference for 
the fiscal year 2002 appropriations Act. 
SEC. 731. None of the funds appropriated or otherwise made 
available by this Act shall be used to establish an Office of Commu-
nity Food Security or any similar office within the United States 
Department of Agriculture without the prior approval of the 
Committees on Appropriations of both Houses of Congress. 
SEC. 732. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to carry out provision 
of section 612 of Public Law 105-185. 
SEC. 733. None of the funds appropriated by this Act shall 
be used to propose or issue rules, regulations, decrees, or orders 
for 
the 
purpose 
of implementation, 
or in preparation 
for 
implementation, of the Kyoto Protocol which was adopted on Decem-
ber 11, 1997, in Kyoto, Japan. 
SEC. 734. None of the funds appropriated or otherwise made 
available by this Act may be used to declare excess or surplus 
all or part of the lands and facilities owned by the Federal Govern-
ment and administered by the Secretary of Agriculture at Fort 
Reno, Oklahoma, or to transfer or convey such lands or facilities 
prior to July 1, 2001, without the specific authorization of Congress. 
SEC. 735. None of the funds appropriated or otherwise made 
available by this Act or any other Act shall be used for the 
implementation of a Support Services Bureau or similar organiza-
tion. 
SEC. 736. Notwithstanding any other provision of law, for any 
fiscal year, in the case of a high cost, isolated rural area of the 
State of Alaska that is not connected to a road system— 
(1) in the case of assistance provided by the Rural Housing 
Service for single family housing under title V of the Housing 
Act of 1949 (7 U.S.C. 1471 et seq.), the maximum income 
level for the assistance shall be 150 percent of the average 
income level in metropolitan areas of the State; 
114 STAT. 1549A-34 
PUBLIC LAW 106-387—APPENDIX 
(2) in the case of community facility loans and grants 
provided under paragraphs (1) and (19), respectively, of section 
306(a) of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1926(a)) and assistance provided under programs 
carried out by the Rural Utilities Service, the maximum income 
level for the loans, grants, and assistance shall be 150 percent 
of the average income level in nonmetropolitan areas of the 
State; 
(3) in the case of a business and industry guaranteed 
loan made under section 310B(a)(l) of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1932(a)(1)), to the extent 
permitted under that Act, the Secretary of Agriculture shall— 
(A) guarantee the repayment of 90 percent of the prin-
cipal and interest due on the loan; and 
(B) charge a loan origination and servicing fee in an 
amount not to exceed 1 percent of the amount of the 
loan; and 
(4) in the case of assistance provided under the Rural 
Community Development Initiative for fiscal year 2001 carried 
out under the rural community advancement program estab-
lished under subtitle E of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009 et seq.), the median household 
income level, and the not employed rate, with respect to 
applicants for assistance under the Initiative shall be scored 
on a community-by-community basis. 
SEC. 737. Notwithstanding any other provision of law, the 
Town of Lloyd, New York, and the Town of Thompson, New York, 
shall be eligible for loans and grants provided through the Rural 
Community Advancement Program. 
SEC. 738. Hereafter, notwithstanding any other provision of 
law, no housing or residence in a foreign country purchased by 
an agent or instrumentality of the United States, for the purpose 
of housing the agricultural attache, shall be sold or disposed of 
without the approval of the Foreign Agricultural Service of the 
United States Department of Agriculture, including property pur-
chased using foreign currencies generated under the Agricultural 
Trade Development and Assistance Act of 1954 (Public Law 480) 
and used or occupied by agricultural attaches of the Foreign Agricul-
tural Service: Provided, That the Department of State/Office of 
Foreign Buildings may sell such properties with the concurrence 
of the Foreign Agricultural Service if the proceeds are used to 
acquire suitable properties of appropriate size for Foreign Agricul-
tural Service agricultural attaches: Provided further, That the For-
eign Agricultural Service shall have the right to occupy such resi-
dences in perpetuity with costs limited to appropriate maintenance 
expenses. 
SEC. 739. Hereafter, notwithstanding section 502(h)(7) of the 
Housing Act of 1949 (42 U.S.C. 1472(h)(7)), the fee collected by 
the Secretary of Agriculture with respect to a guaranteed loan 
under such section 502(h) at the time of the issuance of such 
guarantee may be in an amount equal to not more than 2 percent 
of the principal obligation of the loan. 
SEC. 740. Hereafter, funds appropriated to the Department 
of Agriculture may be used to employ individuals by contract for 
services outside the United States as determined by the agencies 
to be necessary or appropriate for carrying out programs and activi-
ties abroad; and such contracts are authorized to be negotiated. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-35 
the terms of the contract to be prescribed, and the work to be 
performed, where necessary, without regard to such statutory provi-
sions as relate to the negotiation, making and performance of con-
tracts and performance of work in the United States. Individuals 
employed by contract to perform such services outside the United 
States shall not by virtue of such employment be considered to 
be employees of the United States Government for purposes of 
any law administered by the Office of Personnel Management. 
Such individuals may be considered employees within the meaning 
of the Federal Employee Compensation Act, 5 U.S.C. 8101 et seq. 
Further, that Government service credit shall be accrued for the 
time employed under a Personal Service Agreement (PSA) should 
the individual later be hired into a permanent United States 
Government position within FAS or another United States Govern-
ment agency if the authorities of the hiring agency so peraiit. 
SEC. 741. None of the funds made available by this Act or 
any other Act may be used to close or relocate a state Rural 
Development office unless or until cost effectiveness and enhance-
ment of program delivery have been determined. 
SEC. 742. (a) IN GENERAL.—Section 141 of the Agricultural 
Market Transition Act (7 U.S.C. 7251) is amended— 
(1) in subsection (b)(4), by striking "and 2000"; and insert-
ing "through 2001"; and 
(2) in subsection (h), by striking "2000" each place it 
appears and inserting "2001". 
(b) CONFORMING AMENDMENT.—Section 142(e) of the Agricul-
tural Market Transition Act (7 U.S.C. 7252(e)) is amended by strik-
ing "2001" and inserting "2002". 
SEC. 743. Of any shipments of commodities made pursuant 
to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), 
the Secretary of Agriculture shall, to the extent practicable, direct 
that tonnage equal in value to not more than $25,000,000 shall 
be made available to foreign countries to assist in mitigating the 
effects of the Human Immunodeficiency Virus and Acquired 
Immune Deficiency Syndrome on communities, including the provi-
sion of— 
(1) agricultural commodities to— 
(A) individuals with Human Immunodeficiency Virus 
or Acquired Immune Deficiency Syndrome in the commu-
nities, and 
(B) households in the communities, 
particularly 
individuals caring for orphaned children; and 
(2) agricultural commodities monetized to provide other 
assistance (including assistance under microcredit and micro-
enterprise programs) to create or restore sustainable livelihoods 
among individuals in the communities, particularly individuals 
caring for orphaned children. 
SEC. 744. In addition to amounts otherwise appropriated or 
made available by this Act, $2,000,000 is appropriated for the 
purpose of providing Bill Emerson and Mickey Leland Hunger 
Fellowships through the Congressional Hvmger Center. 
SEC. 745. (a) SHORT TITLE.—^This section may be cited as the 
"Medicine Equity and Drug Safety Act of 2000". 
(b) FINDINGS.—The Congress makes the following findings: 
(1) The cost of prescription drugs for Americans continues 
to rise at an alarming rate. 
114 STAT. 1549A-36 
PUBLIC LAW 106-387—APPENDIX 
(2) Millions of Americans, including Medicare beneficiaries 
on fixed incomes, face a daily choice between purchasing life-
sustaining prescription drugs, or paying for other necessities, 
such as food and housing. 
(3) Many life-saving prescription drugs are available in 
countries other than the United States at substantially lower 
prices, even though such drugs were developed and are 
approved for use by patients in the United States. 
(4) Many Americans travel to other countries to purchase 
prescription drugs because the medicines that they need are 
unaffordable in the United States. 
(5) Americans should be able to purchase medicines at 
prices that are comparable to prices for such medicines in 
other countries, but efforts to enable such purchases should 
not endanger the gold standard for safety and effectiveness 
that has been established and maintained in the United States, 
(c) AMENDMENT.—Chapter VIII of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 381 et seq.) is amended— 
(1) in section 801(d)(1), by inserting "and section 804" after 
"paragraph (2)"; and 
(2) by adding at the end the following: 
"IMPORTATION OF COVERED PRODUCTS 
"SEC. 804. (a) REGULATIONS.—^The Secretary, after consultation 
with the United States Trade Representative and the Commissioner 
of Customs, shall promulgate regulations permitting pharmacists 
and wholesalers to import into the United States covered products. 
"(b) LIMITATION.—Regulations under subsection (a) shall— 
"(1) require that safeguards be in place to ensure that 
each covered product imported pursuant to such subsection 
complies with section 505 (including with respect to being safe 
and effective for its intended use), with sections 501 and 502, 
and with other applicable requirements of this Act; 
"(2) require that an importer of a covered product pursuant 
to subsection (a) comply with the applicable provisions of this 
section, including subsection (d); and 
"(3) contain any additional provisions determined by the 
Secretary to be appropriate as a safeguard to protect the public 
health or as a means to facilitate the importation of such 
products. 
"(c) RECORDS.—^Regulations imder subsection (a) shall require 
that records regarding the importation of covered products pursuant 
to such subsection be provided to and maintained by the Secretary 
for a period of time determined to be necessary by the Secretary. 
"(d) IMPORTATION.—^Regulations under subsection (a) shall 
require an importer of a covered product pursuant to such sub-
section to provide to the Secretary the following information and 
records: 
"(1) The name and amount of the active ingredient of 
such product and description of the dosage form. 
"(2) The date that the product is shipped and the quantity 
of the product that is shipped, points of origin and destination 
for the product, the price paid for the product by the importer, 
and (once the product is distributed) the price for which such 
product is sold by the importer. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-37 
"(3) Documentation from the foreign seller specifying the 
original source of the product and the amount of each lot 
of the product originally received. 
"(4) The manufacturer's lot or control number of the product 
imported. 
"(5) The name, address, and telephone number of the 
importer, including the professional license number of the 
importer, if any. 
"(6) For a product that is coming directly from the first 
foreign recipient of the product from the manufacturer: 
"(A) Documentation demonstrating that such product 
came from such recipient and was received by the recipient 
from such manufacturer. 
"(B) Documentation of the amount of each lot of the 
product received by such recipient to demonstrate that 
the amount being imported into the United States is not 
more than the amount that was received by the recipient. 
"(C) In the case of the initial imported shipment, docu-
mentation demonstrating that each batch of such shipment 
was statistically sampled and tested for authenticity and 
degradation. 
"(D) In the case of all subsequent shipments from 
such recipient, documentation demonstrating that a statis-
tically valid sample of such shipments was tested for 
authenticity and degradation. 
"(E) Certification from the importer or manufacturer 
of such product that the product is approved for marketing 
in the United States and meets all labeling requirements 
under this Act. 
"(7) For a product that is not coming directly from the 
first foreign recipient of the product from the manufacturer: 
"(A) Documentation demonstrating that each batch in 
all shipments offered for importation into the United States 
was statistically sampled and tested for authenticity and 
degradation. 
"(B) Certification from the importer or manufacturer 
of such product that the product is approved for marketing 
in the United States and meets all labeling requirements 
under this Act. 
"(8) Laboratory records, including complete data derived 
from all tests necessary to assure that the product is in compli-
ance with established specifications and standards. 
"(9) Documentation demonstrating that the testing required 
by paragraphs (6) through (8) was performed at a qualifying 
laboratory (as defined in subsection (k)). 
"(10) Any other information that the Secretary determines 
is necessary to ensure the protection of the public health. 
"(e) TESTING.—Regulations under subsection (a)— 
"(1) shall require that testing referred to in paragraphs 
(6) through (8) of subsection (d) be conducted by the importer 
of the covered product pursuant to subsection (a), or the manu-
facturer of the product; 
"(2) shall require that if such tests are conducted by the 
importer, information needed to authenticate the product being 
tested, and to confirm that the labeling of such product complies 
with labeling requirements under this Act, be supplied by the 
manufacturer of such product to the pharmacist or wholesaler, 
114 STAT. 1549A-38 
PUBLIC LAW 106-387—APPENDIX 
and shall require that such information be kept in strict con-
fidence and used only for purposes of testing under this Act; 
and 
"(3) may include such additional provisions as the Secretary 
determines to be appropriate to provide for the protection of 
trade secrets and commercial or financial information that is 
privileged or confidential. 
"(f) COUNTRY LIMITATION.—Regulations under subsection (a) 
shall provide that covered products may be imported pursuant 
to such subsection only from a country, union, or economic area 
that is listed in subparagraph (A) of section 802(b)(1) or designated 
by the Secretary, subject to such limitations as the Secretary deter-
mines to be appropriate to protect the public health. 
"(g) 
SUSPENSION OF IMPORTATIONS.—^The Secretary 
shall 
require that importations of specific covered products or importa-
tions by specific importers pursuant to subsection (a) be immediately 
suspended upon discovery of a pattern of importation of such prod-
ucts or by such importers that is counterfeit or in violation of 
any requirement pursuant to this section, until an investigation 
is completed and the Secretary determines that the public is ade-
quately protected from counterfeit and violative covered products 
being imported pursuant to subsection (a). 
"(h) PROHIBITED AGREEMENTS.—No manufacturer of a covered 
product may enter into a contract or agreement that includes a 
provision to prevent the sale or distribution of covered products 
imported pursuant to subsection (a), 
"(i) STUDIES; REPORTS.— 
"(1) STUDY BY SECRETARY.— 
"(A) IN GENERAL.—^The Secretary shall conduct, or con-
tract with an entity to conduct, a study on the imports 
permitted pursuant to subsection (a), including consider-
ation of the information received under subsection (d). In 
conducting such study, the Secretary or entity shall— 
"(i) evaluate the compliance of importers with regu-
lations under subsection (a), and the number of ship-
ments pursuant to such subsection, if any, that have 
been determined to be counterfeit, misbranded, or 
adulterated, and determine how such compliance con-
trasts with the number of shipments of prescription 
drugs transported within the United States that have 
been determined to be counterfeit, misbranded, or 
adulterated; and 
"(ii) consult with the United States Trade Rep-
resentative and the Commissioner of Patents and 
Trademarks to evaluate the effect of importations 
pursuant to subsection (a) on trade and patent rights 
under Federal law. 
"(B) REPORT.—Not later than 2 years after the effective 
date of final regulations under subsection (a), the Secretary 
shall prepare and submit to the Congress a report describ-
ing the findings of the study under subparagraph (A). 
"(2) 
STUDY 
BY GENERAL 
ACCOUNTING 
OFFICE.—^The 
Comptroller General of the United States shall conduct a study 
to determine the effect of this section on the price of covered 
products sold to consumers at retail. Not later than 18 months 
after the effective date of final regulations under subsection 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-39 
(a), the Comptroller General shall prepare and submit to the 
Congress a report describing the findings of such study. 
"(j) CONSTRUCTION.—Nothing in this section shall be construed 
to limit the statutory, regulatory, or enforcement authority of the 
Secretary relating to the importation of covered products, other 
than with respect to section 801(d)(1) as provided in this section. 
"(k) DEFINITIONS.— 
"(1) COVERED PRODUCT.— 
"(A) IN GENERAL.—For purposes of this section, the 
term 'covered product' means a prescription drug, except 
that such term does not include a controlled substance 
in schedule I, II, or III under section 202(c) of the Con-
trolled Substances Act or a biological product as defined 
in section 351 of the Public Health Service Act. 
"(B) 
CHARITABLE 
CONTRIBUTIONS; 
PARENTERAL 
DRUGS.—^Notwithstanding any other provision of this sec-
tion, section 801(d)(1)— 
"(i) continues to apply to a covered product donated 
or otherwise supplied for free by the manufacturer 
of the drug to a charitable or humanitarian organiza-
tion, including the United Nations and affiliates, or 
to a government of a foreign country; and 
"(ii) continues to apply to a covered product that 
is a parenteral drug the importation of which pursuant 
to subsection (a) is determined by the Secretary to 
pose a threat to the public health. 
"(2) OTHER TERMS.—^For purposes of this section: 
"(A) The term 'importer' means a pharmacist or whole-
saler. 
"(B) The term 'pharmacist' means a person licensed 
by a State to practice pharmacy, including the dispensing 
and selling of prescription drugs. 
"(C) The term 'prescription drug' means a drug subject 
to section 503(b). 
"(D) The term 'qualifying laboratory' means a labora-
tory in the United States that has been approved by the 
Secretary for purposes of this section. 
"(E) The term 'wholesaler' means a person licensed 
as a wholesaler or distributor of prescription drugs in the 
United States pursuant to section 503(e)(2)(A). Such term 
does not include a person authorized to import drugs under 
section 801(d)(1). 
"(1) CONDITIONS.—This section shall become effective only if 
the Secretary demonstrates to the Congress that the implementa-
tion of this section will— 
"(1) pose no additional risk to the public's health and 
safety; and 
"(2) result in a significant reduction in the cost of covered 
products to the American consumer. 
"(m) SUNSET.—Effective upon the expiration of the 5-year period 
beginning on the effective date of final regulations under subsection 
(a), this section ceases to have any legal effect.", 
(d) PROHIBITED ACT.— 
(1) IN GENERAL.—Section 301 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 331) is amended by adding at 
the end the following: 
114 STAT. 1549A-40 
PUBLIC LAW 106-387—APPENDIX 
"(aa) The importation of a covered product in violation of section 
804, the falsification of any record required to be maintained or 
provided to the Secretary under such section, or any other violation 
of regulations under such section.". 
(2) ENHANCED PENALTIES.—Section 303(b) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended 
by adding at the end the following: 
"(6) Notwithstanding subsection (a), any person who is a manu-
facturer or importer of a covered product pursuant to section 804(a) 
and knowingly fails to comply with a requirement of section 804(e) 
that is applicable to such manufacturer or importer, respectively, 
shall be imprisoned for not more than 10 years or fined not more 
than $250,000, or both.". 
(e) For an additional amount for "Salaries and expenses". Food 
and Drug Administration, $23,000,000, solely to carry out the "Medi-
cine Equity and Drug Safety Act of 2000", to be available only 
upon submission of an official budget request and justification for 
such amount by the President to the Congress. 
SEC. 746. (a) SHORT TITLE.—^This section may be cited as the 
"Prescription Drug Import Fairness Act of 2000". 
(b) FINDINGS.—The Congress finds as follows: 
(1) Patients and their families sometimes have reason to 
import into the United States drugs that have been approved 
by the Food and Drug Administration ("FDA"). 
(2) There have been circumstances in which— 
(A) an individual seeking to import such a drug has 
received a notice from FDA that importing the drug violates 
or may violate the Federal Food, Drug, and Cosmetic Act; 
and 
(B) the notice failed to inform the individual of the 
reasons underlying the decision to send the notice. 
(3) FDA should not send a warning notice regarding the 
importation of a drug without providing to the individual 
involved a statement of the underlying reasons for the notice. 
(c) CLARIFICATION OF CERTAIN RESPONSIBILITIES OF FOOD AND 
DRUG 
ADMINISTRATION 
WITH 
RESPECT 
TO 
IMPORTATION 
OF 
PRESCRIPTION DRUGS INTO UNITED STATES.—Section 801 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended 
by adding at the end the following subsection: 
"(g)(1) With respect to a prescription drug being imported or 
offered for import into the United States, the Secretary, in the 
case of an individual who is not in the business of such importations, 
may not send a warning notice to the individual unless the following 
conditions are met: 
"(A) The notice specifies, as applicable to the importation 
of the drug, that the Secretary has made a determination 
that— 
"(i) importation is in violation of section 801(a) because 
the drug is or appears to be adulterated, misbranded, or 
in violation of section 505; 
"(ii) importation is in violation of section 801(a) because 
the drug is or appears to be forbidden or restricted in 
sale in the country in which it was produced or from 
which it was exported; 
"(iii) importation is or appears to be in violation of 
section 801(d)(1); or 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-41 
"(iv) importation otherwise is or appears to be in viola-
tion of Federal law. 
"(B) The notice does not specify any provision described 
in subparagraph (A) that is not applicable to the importation 
of the drug. 
"(C) The notice states the reasons underlying such deter-
mination by the Secretary, including a brief application to 
the principal facts involved of the provision of law described 
in subparagraph (A) that is the basis of the determination 
by the Secretary. 
"(2) For purposes of this section, the term 'warning notice', 
with respect to the importation of a drug, means a communication 
from the Secretary (written or otherwise) notifying a person, or 
clearly suggesting to the person, that importing the drug for per-
sonal use is, or appears to be, a violation of this Act.". 
SEC. 747. Notwithstanding any other provision of law, the 
Secretary of Agriculture may not deny a loan application made 
pursuant to the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1921 et seq.) in Arkansas solely on the basis that— 
(a) the proceeds of the loan will be used to conduct activities 
in a flood plain; or 
(b) the loan is secured by land that is in a flood plain. 
SEC. 748. Section 2111(a)(3),of the Organic Foods Production 
Act of 1990 (7 U.S.C. 651(a)(3)) is amended by adding after "sul-
fites," "except in the production of wine,". 
SEC. 749. Notwithstanding any other provision of law or regula-
tion, hereafter. Friends of the National Arboretum, an organization 
described in section 501(c)(3) of the Internal Revenue Code of 1986 
and exempt from taxation under section 501(a) of such Code incor-
porated in the District of Columbia, shall not be considered a 
prohibited source with respect to gifts to the United States National 
Arboretum so long as Friends of the National Arboretum remains 
an organization described under section 501(c)(3) of such Code 
and continues to conduct its operations exclusively for the benefit 
of the United States National Arboretum. The Secretary of Agri-
culture shall, within 90 days of enactment of this Act, provide 
the Appropriations Committees of both Houses of Congress with 
either a copy of a Memorandum of Understanding detailing the 
nature of its partnership with the Friends of the National Arbore-
tum, or with a written explanation of why such a Memorandum 
of Understanding could not be achieved. 
SEC. 750. None of the funds made available by this Act may 
be used to require an office of the Farm Service Agency that 
is using FINPACK on May 17, 1999, for financial planning and 
credit analysis, to discontinue use of FINPACK for 6 months from 
the date of enactment of this Act. 
SEC. 751. Hereafter, the Secretary of Agriculture shall consider 
any borrower whose income does not exceed 115 percent of the 
median family income of the United States as meeting the eligibility 
requirements for a borrower contained in section 502(h)(2) of the 
Housing Act of 1949 (42 U.S.C. 1472(h)(2)). 
SEC. 752. Effective 180 days after the date of the enactment 
of this Act and continuing for the remainder of fiscal year 2001 
and each subsequent fiscal year, establishments in the United 
States that slaughter or process birds of the order Ratitae, such 
as ostriches, emus and rheas, and squab, for distribution in com-
merce as human food shall be subject to the ante mortem and 
114 STAT. 1549A-42 
PUBLIC LAW 106-387—APPENDIX 
post mortem inspection, reinspection, and sanitation requirements 
of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) 
rather than the voluntary poultry inspection program of the Depart-
ment of Agriculture under section 203 of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1622). 
SEC. 753. In developing a rule concerning on-farm standards 
for prevention of Salmonella Enteritidis in shell eggs pursuant 
to any plan to eliminate Salmonella Enteritidis illnesses due to 
eggs, the Food and Drug Administration shall— 
(a) consider one environmental test per laying cycle for 
each layer house for verification of the producer's Salmonella 
Enteritidis reduction plan; 
(b) consider when it is appropriate to require diversion 
of shell eggs to treatment, such as pasteurization, and base 
any requirement for testing that would necessitate diversion, 
which may include the receipt of a positive egg test result, 
on sound science; 
(c) conduct or support research to develop cost-effective 
and improved tests for determination of Salmonella Enteritidis; 
and 
(d) solicit comments on appropriate options for implement-
ing a Salmonella Enteritidis reduction plan in shell eggs, includ-
ing comments on conducting and funding testing, through Fed-
eral and State programs. 
SEC. 754. PubHc Law 105-277, division A, title XI, section 
1121 (112 Stat. 2681-44, 2681-45) is amended by— 
(1) striking "not later than January 1, 2000" and inserting 
"not later than January 1, 2001"; and 
(2) adding the following new subsection at the end thereof— 
"(d) ADDITIONAL DISBURSEMENT.— 
"(1) COTTON STORED IN GEORGIA.—^The State of Georgia 
may use funds remaining in the indemnity fund established 
in accordance with this section to compensate cotton producers 
in other States who stored cotton in the State of Georgia 
and incurred losses in 1998 or 1999 as the result of the events 
described in subsection (a). 
"(2) GiNNERS AND OTHERS.—The State of Georgia may also 
use funds remaining in the indemnity fund established in 
accordance with this section to compensate cotton ginners and 
others in the business of producing, ginning, warehousing, buy-
ing, or selling cotton for losses they incurred in 1998 or 1999 
as the result of the events described in subsection (a), if— 
"(A) as of March 1, 2000, the indemnity fund has 
not been exhausted, 
"(B) the State of Georgia provides cotton producers 
an additional time period prior to May 1, 2000, in which 
to establish eligibility for compensation under this section; 
"(C) the State of Georgia determines during calendar 
year 2000 that all cotton producers in that State and cotton 
producers in other States as described in paragraph (d)(1) 
have been appropriately compensated for losses incurred 
in 1998 or 1999 as described in subsection (a); and 
"(D) such additional compensation is not made avail-
able until May 1, 2000.". 
SEC. 755. The Food Security Act of 1985 is amended by inserting 
after section 1230 (16 U.S.C. 3830) the following: 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-43 
"SEC. 1230A. GOOD FAITH RELIANCE. 
"(a) IN GENERAL.—Except as provided in subsection (d) and 
notwithstanding any other provision of this chapter, the Secretary 
shall provide equitable relief to an owner or operator that has 
entered into a contract under this chapter, and that is subsequently 
determined to be in violation of the contract, if the owner or operator 
in attempting to comply with the terms of the contract and enroll-
ment requirements took actions in good faith reliance on the action 
or advice of an authorized representative of the Secretary. 
"(b) TYPES OF RELIEF.—^The Secretary shall— 
"(1) to the extent the Secretary determines that an owner 
or operator has been injured by good faith reliance described 
in subsection (a), allow the owner or operator to do any one 
or more of the following— 
"(A) to retain pa3anents received under the contract; 
"(B) to continue to receive payments under the contract; 
"(C) to keep all or part of the land covered by the 
contract enrolled in the applicable program under this 
chapter; 
"(D) to reenroU all or part of the land covered by 
the contract in the applicable program under this chapter; 
or 
"(E) or any other equitable relief the Secretary deems 
appropriate; and 
"(2) require the owner or operator to take such actions 
as are necessary to remedy any failure to comply with the 
contract. 
"(c) RELATION TO OTHER LAW.—^The authority to provide relief 
under this section shall be in addition to any other authority 
provided in this or any other Act. 
"(d) EXCEPTION.—This section shall not apply to a pattern 
of conduct in which an authorized representative of the Secretary 
takes actions or provides advice with respect to an owner or operator 
that the representative and the owner or operator know are 
inconsistent with applicable law (including regulations). 
"(e) APPLICABILITY OF RELIEF.—Relief under this section shall 
be available for contracts in effect on January 1, 2000 and for 
all subsequent contracts.". 
SEC. 756. Section 375(e)(6)(B) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by 
striking "$20,000,000" and inserting "$25,000,000". 
SEC. 757. Refunds or rebates received on an on-going basis 
from a credit card services provider under the Department of Agri-
culture's charge card programs may be deposited to and retained 
without fiscal year limitation in the Departmental Working Capital 
Fund established under 7 U.S.C. 2235 and used to fund manage-
ment initiatives of general benefit to the Department of Agriculture 
bureaus and offices as determined by the Secretary of Agriculture 
or the Secretary's designee. 
SEC. 758. The Act of August 19, 1958 (7 U.S.C. 1431 note) 
is amended— 
(1) by striking "clause (3) or (4) of" the first place it 
appears and inserting "the Food for Progress Act of 1985,"; 
(2) by striking "clause (3) or (4) of such" and inserting 
"the Food for Progress Act of 1985, such"; and 
(3) by striking "to the President". 
114 STAT. 1549A-44 
PUBLIC LAW 106-387—APPENDIX 
SEC. 759. Notwithstanding any other provision of law, the 
Sea Island Health Clinic located on Johns Island, South Carolina, 
shall remain eligible for assistance and funding from the Rural 
Development community facilities programs administered by the 
Department of Agriculture until such time new population data 
is available from the 2000 Census. 
SEC. 760. Notwithstanding any other provision of law, the 
area bounded by West 197th Avenue, North S.W. 232nd Street, 
East U.S. Highway 1 and S.W. 360th Street in Dade County, 
Florida, shall continue to be eligible to receive business and industry 
guaranteed loans under section 310B of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1932) until such time that 
population data is available from the 2000 decennial Census. 
SEC. 761. Hereafter, the Secretary of Agriculture shall consider 
the City of Kewanee and the City of Jacksonville, Illinois, as meet-
ing the requirements of a rural area contained in section 520 
of the Housing Act of 1949 (42 U.S.C. 1490). 
SEC. 762. Notwithstanding any other provision of law, the 
Chief of the Natural Resources Conservation Service shall provide 
funds, within discretionary amounts available, to pay the balance 
of the amount due pursuant to the settlement of claims associated 
with the Chuquatonchee Watershed Project in Mississippi to close 
out this project. 
SEC. 763. Notwithstanding any other provision of law, the 
Konocti Water District, California, shall be eligible for grants and 
loans administered by the Rural Utilities Service. 
SEC. 764. Notwithstanding any other provision of law, Jefferson 
County, Kentucky, shall be considered to be a rural area for the 
purposes of the business and industry direct and guaranteed loan 
program authorized by the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1921 et seq.). 
SEC. 765. The Secretary of Agriculture may convey, under 
such terms and conditions as the Secretary considers appropriate, 
all right, title, and interest of the United States in and to a parcel 
of real property consisting of approximately 1 acre located within 
the Sunnyside Subdivision in Prince George's County, Maryland, 
for the purpose of resolving land title claims and encroachments 
at the Beltsville Agricultural Research Center and for promoting 
public access on Sunnyside Avenue. Any funds received by the 
Secretary as a result of the conveyance shall be credited to and 
merged with the appropriations available to operate the Beltsville 
Agricultural Research Center and shall be available, without further 
appropriation, for the same purposes and for the same time period 
as such appropriations. 
SEC. 766. Of the funds provided to carry out section 211(a) 
of the Agricultural Risk Protection Act of 2000 (16 U.S.C. 2820 
note; Public Law 106-224), up to $500,000 shall be used solely 
for the State of California. 
SEC. 767. The first section of the Act of March 2, 1931 (7 
U.S.C. 426) is amended to read as follows: 
"SECTION 1. PREDATORY AND OTHER WILD ANIMALS. 
"The Secretary of Agriculture may conduct a program of wildlife 
services with respect to injurious animal species and take any 
action the Secretary considers necessary in conducting the program. 
The Secretary shall administer the program in a manner consistent 
with all of the wildlife services authorities in effect on the day 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-45 
before the date of the enactment of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 2001.". 
SEC. 768. Section 412(d) of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1736fld)) is amended by 
striking "title I of the Agricultural Act of 1949 (7 U.S.C. 1421 
et seq.)" and inserting "dairy price support operations". 
SEC. 769. Notwithstanding any other provision of law, the 
City of Coachella, California, shall be eligible for grants and loans 
administered by the rural development mission areas of the Depart-
ment of Agriculture. 
SEC. 770. Notwithstanding any other provision of law, the 
Secretary of Agriculture shall consider the City of Vicksburg, Mis-
sissippi, as meeting the requirements of a rural area in section 
520 of the Housing Act of 1949 (42 U.S.C. 1490). 
SEC. 771. Notwithstanding any other provision of law, the 
Administrator of the Rural Utilities Service shall use the authorities 
provided in the Rural Electrification Act of 1936 to finance the 
acquisition of existing generation, transmission and distribution 
systems and facilities serving high cost, predominantly rural areas 
by entities ca^pable of and dedicated to providing or improving 
service in such areas in an efficient and cost effective manner. 
SEC. 772. None of the funds appropriated or otherwise made 
available by this Act shall be used to issue a notice of proposed 
rulemaking, to promulgate a proposed rule, or to otherwise change 
or modify the definition of "animal" in existing regulations pursuant 
to the Animal Welfare Act. 
SEC. 773. Section 306(a)(19)(A) of the ConsoUdated Farmers 
Home Administration Act of 1961 is amended by inserting after 
"nonprofit corporations" the following new phrase: ", Indian tribes 
(as such term is defined under section 4(e) of Public Law 93-
638, as amended),". 
SEC. 774. Section 2101 of the Emergency Supplemental Act, 
2000 (Pubhc Law 106-246; 114 Stat. 541) is amended— 
(1) by inserting "or prior" after "such outstanding"; and 
(2) by inserting "and subsequently repaid" after "placed 
under loan". 
SEC. 775. For purposes of administering title IX of this Act, 
the term "agricultural commodity" shall also include fertilizer and 
organic fertilizer, except to the extent provided pursuant to section 
904 of that title. 
SEC. 776. SENSE OF THE CONGRESS; HAMILTON GRANGE, NEW YORK. 
(a) Congress finds that— 
(1) Alexander Hamilton, assisted by James Madison and 
George Washington, was the principal drafter of the Constitu-
tion of the United States; 
(2) Hamilton was General Washington's aide-de-camp dur-
ing the Revolutionary War, and, given command by Washington 
of the New York and Connecticut light infantry battalion, led 
the successful assault on British redoubt number 10 at York-
town; 
(3) after serving as Secretary of the Treasury, Hamilton 
founded the Bank of New York and the New York Post; 
(4) the only home Hamilton ever owned, commonly known 
as "the Grange", is a fine example of Federal period architecture 
114 STAT. 1549A-46 
PUBLIC LAW 106-387—APPENDIX 
designed by New York architect John McComb, Jr., and was 
built in upper Manhattan in 1803; 
(5) the New York State Assembly enacted a law in 1908 
authorizing New York City to acquire the Grange and move 
it to nearby St. Nicholas Park, part of the original Hamilton 
estate, but no action was taken; 
(6) in 1962, the National Park Service took over manage-
ment of the Grange, by then wedged on Convent Avenue within 
inches between an apartment house on the north side and 
a church on the south side; 
(7) the 1962 designation of the Grange as a national memo-
rial was contingent on the acquisition by the National Park 
Service of a site to which the building could be relocated; 
(8) the New York State legislature enacted a law in 1998 
that granted approval for New York City to transfer land 
in St. Nicholas Park to the National Park Service, causing 
renovations to the Grange to be postponed; and 
(9) no obelisk, monument, or classical temple along the 
national mall has been constructed to honor the man who 
more than any other designed the Government of the United 
States, Hamilton should at least be remembered by restoring 
his home in a sylvan setting. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) Alexander Hamilton made an immense contribution 
to the United States by serving as a principal drafter of the 
Constitution; and 
(2) the National Park Service should expeditiously— 
(A) proceed to relocate the Grange to St. Nicholas 
Park; and 
(B) restore the Grange to a state befitting the memory 
of Alexander Hamilton. 
SEC. 
777. FINANCIAL ASSISTANCE FOR LAND ACQUISITION FOR 
FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS 
NATIONAL HISTORIC SITE. 
(a) IN GENERAL.—Section 4 of the Fallen Timbers Battlefield 
and Fort Miamis National Historic Site Act of 1999 (Public Law 
106-164; 16 U.S.C. 461 note) is amended by adding at the end 
the following: 
"(d) LAND ACQUISITION ASSISTANCE.— 
"(1) IN GENERAL.—The Secretary may provide 
financial 
assistance to the management entity for acquiring lands or 
interests in lands within the boundaries of the historic site 
under subsection (b). 
"(2) COST SHARING.—Financial assistance under this sub-
section may not be used to pay more than 50 percent of the 
cost of any acquisition made with the assistance. 
"(3) CONDITION.—The Secretary shall require, as a condi-
tion of any assistance under this subsection, that any interest 
in land acquired with assistance under this subsection shall 
be included in and managed as part of the historic site.". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 6 of such Act 
is amended by inserting "(a) IN GENERAL.—" before "There is 
authorized", and by adding at the end the following: 
"(b) LAND ACQUISITION ASSISTANCE.—There is authorized to 
be appropriated $2,500,000 to carry out section 4(d).". 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-47 
TITLE VIII 
NATURAL DISASTER ASSISTANCE AND OTHER EMERGENCY 
APPROPRIATIONS 
DEPARTMENT OF AGRICULTURE 
OFFICE OF THE CHIEF INFORMATION OFFICER 
COMMON C O M P U T I N G ENVIRONMENT 
For an additional amount for "Common Computing Environ-
ment," $19,500,000, to remain available until expended: Provided, 
That the entire amount shall be available only to the extent that 
an official budget request for $19,500,000, that includes designation 
of the entire amount of the request as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further. That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for Departmental Administration, 
$200,000: Provided, That this amount shall be transferred to the 
Small Business Administration to support two advocacy staffers 
to review rules and regulations relating to disasters to determine 
the impact of their implementation on small business entities: Pro-
vided further. That the entire amount shall be available only to 
the extent an official budget request for $200,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further. That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of such Act. 
FARM SERVICE AGENCY 
SALARIES AND EXPENSES 
For an additional amount for "Salaries and Expenses", 
$50,000,000, to remain available until expended: Provided, That 
the entire amount shall be available only to the extent that an 
official budget request for $50,000,000, that includes designation 
of the entire amount of the request as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further. That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
-^ 
251(b)(2)(A) of such Act. 
EMERGENCY CONSERVATION PROGRAM 
For an additional amount for "Emergency Conservation Pro-
gram," for expenses resulting from natural disasters, $80,000,000, 
114 STAT. 1549A-48 
PUBLIC LAW 106-387—APPENDIX 
to remain available until expended: Provided, That the entire 
amount shall be available only to the extent an official budget 
request for $80,000,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
FEDERAL CROP INSURANCE CORPORATION FUND 
For an additional amount for the Federal Crop Insurance Cor-
poration Fund, up to $13,000,000, to provide premium discounts 
to purchasers of crop insurance reinsured by the Corporation (except 
for catastrophic risk protection coverage), as authorized under sec-
tion 1102(g)(2) of the Agriculture, Rural Development, Food and 
Drug Administration and Related Agencies Appropriations Act, 
1999 (Public Law 105-277): Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended. 
NATURAL RESOURCES CONSERVATION SERVICE 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For an additional amount for "Watershed and Flood Prevention 
Operations", to repair damages to the waterways and watersheds, 
including the purchase of floodplain easements, resulting from natu-
ral disasters, $110,000,000, to remain available until expended: 
Provided, That of the amount made available in this section, the 
Secretary may use up to $2,000,000 to replace, repair and improve 
snow telemetry equipment impacted by fire, winds, and fire fighting 
efforts in order to protect watersheds: Provided further. That the 
entire amount shall be available only to the extent an official 
budget request for $110,000,000, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the BsJanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further. That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
RURAL COMMUNITY ADVANCEMENT PROGRAM 
For an additional amount for the Rural Community Advance-
ment Program, $200,000,000, to remain available until expended: 
Provided, That of the additional amount appropriated, $50,000,000 
shall be to provide grants for facilities in rural communities with 
extreme unemplojnnent and severe economic depression: Provided 
further. That of the additional amount appropriated, $30,000,000 
shall be to provide grants in rural communities with extremely 
high energy costs: Provided further. That of the additional amount 
appropriated, $50,000,000 shall be for rural community programs 
described in section 381E(d)(l) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009d), of which $25,000,000 shall be 
to provide assistance to areas in the State of North Carolina subject 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-49 
to a declaration of a major disaster as a result of Hurricane Floyd, 
Hurricane Dennis, or Hurricane Irene: Provided further. That of 
the additional amount appropriated, $70,000,000 shall be for the 
cost of direct loans and grants of the rural utilities programs 
described in section 381E(d)(2) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009d) for distribution through the 
national reserve, of which $30,000,000 may be used in counties 
which have received an emergency designation by the President 
or the Secretary after January 1, 2001, for applications responding 
to water shortages resulting from the designated emergency: Pro-
vided further. That the entire amount necessary to carry out this 
section shall be available only to the extent that an official budget 
request for $200,000,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further. That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 801. Notwithstanding section 11 of the Commodity Credit 
Corporation Charter Act (15 U.S.C. 714i), an additional $35,000,000, 
to remain available until expended, shall be provided through the 
Commodity Credit Corporation for technical assistance activities 
performed by any agency of the Department of Agriculture in carry-
ing out the Conservation Reserve Program and the Wetlands 
Reserve Program funded by the Commodity Credit Corporation: 
Provided, That the entire amount shall be available only to the 
extent an official budget request for $35,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further. That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of such Act. 
SEC. 802. The paragraph under the heading "Livestock Assist-
ance" in chapter 1, title I of H.R. 3425 of the 106th Congress, 
enacted by section 1000(a)(5) of Public Law 106-113 (113 Stat. 
1536) is amended by striking "during 1999" and inserting "from 
January 1, 1999, through February 7, 2000": Provided, That the 
entire amount necessary to carry out this section shall be available 
only to the extent that an official budget request for the entire 
amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided further. 
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of such Act. 
SEC. 803. Hereafter, for the purposes of the Livestock Indemnity 
Program authorized in Public Law 105-18, the term "livestock" 
shall have the same meaning as the term "livestock" under section 
104 of Public Law 106-31. 
SEC. 804. Notwithstanding any other provision of law, the 
Secretary of Agriculture may use the funds, facilities and authorities 
114 STAT. 1549A-50 
PUBLIC LAW 106-387—APPENDIX 
of the Commodity Credit Corporation to administer and make pay-
ments for losses not otherwise compensated to: (a) compensate 
growers whose crops could not be sold due to Mexican fruit fly 
quarantines in San Diego and San Bernardino/Riverside counties 
in California since their imposition on November 16, 1999, and 
September 10, 1999, respectively; (b) compensate growers in relation 
to the Secretary's "Declaration of Extraordinary Emergency" on 
March 2, 2000, regarding the plum pox virus; (c) compensate grow-
ers for losses due to Pierce's disease; (d) compensate growers for 
losses due to watermelon sudden wilt disease; and (e) compensate 
growers for losses incurred due to infestations of grasshoppers 
and Mormon crickets: Provided, That the entire amount necessary 
to carry out this section shall be available only to the extent 
that an official budget request for the entire amount, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further. That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of such Act. 
SEC. 805. The Secretary shall use the funds, facilities and 
authorities of the Commodity Credit Corporation to make and 
administer supplemental payments to dairy producers who received 
a pajmient under section 805 of Public Law 106-78 and to new 
dairy producers. Such payment, per unit of production used in 
such prior payments, shall be in an amount equal to 35 percent 
of the reduction in market value per unit of milk production in 
2000, as determined by the Secretary, based, to the extent prac-
ticable, on price estimates as of the date of enactment of this 
Act, from the previous 5-year average and on the base production 
of the producer used to make a payment under section 805 of 
Public Law 106-78: Provided, That these funds shall be available 
until September 30, 2001: Provided further, That the Secretary 
shall make payments to producers under this section in a manner 
consistent with and subject to the same limitations on payments 
and eligible production which were applicable to the payments 
that were made to dairy producers under section 805 of Public 
Law 106-78, except that a producer may be paid for production 
up to 39,000 cwt: Provided further. That the Secretary shall also 
make payments to new dairy producers at the same per unit rate: 
Provided further, That for any dairy producers, including new dairy 
producers, whose base production was less than 12 months for 
purposes of section 805 of Public Law 106-78, the producer's base 
production for the purposes of payments under this section may 
be, at the producer's option, the production of that producer in 
the 12 months preceding the enactment of this section or the 
producer's base production under the program carried out under 
section 805 of Public Law 106-78 subject to such limitations which 
are applicable to other producers: Provided further. That the entire 
amount necessary to carry out this section shall be available only 
to the extent that an official budget request for the entire amount, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-51 
SEC. 806. The Secretary shall use the funds, facilities and 
authorities of the Commodity Credit Corporation in an amount 
equal to $490,000,000 to make and administer pa5mients for live-
stock losses using the criteria established to carry out the 1999 
Livestock Assistance Program (except for application of the national 
percentage reduction factor) to producers for 2000 losses in a county 
which has received an emergency designation by the President 
or the Secretary after January 1, 2000, and shall be available 
until September 30, 2001: Provided, That the Secretary shall give 
consideration to the effect of recurring droughts in establishing 
the level of payments to producers under this section: Provided 
further, That of the funds made available by this section, up to 
$40,000,000 may be used to carry out the Pasture Recovery Pro-
gram: Provided further. That the payments to a producer made 
available through the Pasture Recovery Program shall be no less 
than 65 percent of the average cost of reseeding: Provided 
further. 
That of the funds made available, the Secretary shall use not 
more than $12,000,000 to carry out the American Indian Livestock 
Feed Program: Provided further. That the entire amount necessary 
to carry out this section shall be available only to the extent 
that an official budget request for $490,000,000, that includes des-
ignation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of such Act. 
SEC. 807. In using amounts made available under section 801(a) 
of the Agriculture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Appropriations Act, 2000 (7 U.S.C. 1421 
note; Public Law 106-78), or under the matter under the heading 
"CROP LOSS ASSISTANCE" under the heading "COMMODITY CREDIT 
CORPORATION FUND" of H.R. 3425 of the 106th Congress, as enacted 
by section 1001(a)(5) of Public Law 106-113 (113 Stat. 1536, 150lA-
289), to provide emergency financial assistance to producers on 
a farm that have incurred losses in a 1999 crop due to a disaster, 
the Secretary of Agriculture shall consider nursery stock losses 
caused by Hurricane Irene on October 16 and 17, 1999, to be 
losses to the 1999 crop of nursery stock: Provided, That such sums 
shall also be available to provide additional compensation to eligible 
agriculture producers of 1999 crop year citrus fruit for losses 
incurred due to the December 1998 freeze in California: Provided 
further. That such additional compensation, together with com-
pensation previously provided by the Secretary of Agriculture for 
such losses does not exceed the level of compensation such producers 
would have received if such losses had occurred during the 1998 
crop year: Provided further. That the entire amount necessary to 
carry out this section shall be available only to the extent that 
an official budget request for the entire amount, that includes 
designation of the entire amount of the request as an emergency 
requirement under the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress: Provided further, That the entire amount necessary 
to carry out this section is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of such 
Act. 
79-194 O - 00 - 28 : QL 3 Part 2 
114 STAT. 1549A-52 
PUBLIC LAW 106-387—APPENDIX 
SEC. 808. Notwithstanding section 1237(b)(1) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3837(b)(1)), the Secretary of Agriculture 
may permit the enrollment of not to exceed 1,075,000 acres in 
the Wetlands Reserve Program: Provided, That notwithstanding 
section 11 of the Commodity Credit Corporation Charter Act (15 
U.S.C. 714i), such sums as may be necessary, to remain available 
until expended, shall be provided through the Commodity Credit 
Corporation for technical assistance activities performed by any 
agency of the Department of Agriculture in carrying out this section: 
Provided further, That the entire amount necessary to carry out 
this section shall be available only to the extent that an official 
budget request for the entire amount, that includes designation 
of the entire amount of the request as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
SEC. 809. In addition to other compensation paid by the Sec-
retary of Agriculture, the Secretary shall compensate, for economic 
losses not otherwise compensated, or otherwise seek to make whole, 
from funds of the Commodity Credit Corporation, not to exceed 
$2,400,000, the owners of all sheep destroyed from flocks within 
the period ending 20 days after the date of enactment of this 
Act under the Secretary's declarations of July 14, 2000, for lost 
income, or other business interruption losses, due to actions of 
the Secretary with respect to such sheep: Provided, That the entire 
amount necessary to carry out this section shall be available only 
to the extent that an official budget request for the entire amount, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided, That the entire amount 
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of such Act. 
SEC. 810. (a) The Secretary of Agriculture shall pay Florida 
commercial citrus and lime growers $26 for each commercial citrus 
or lime tree removed to control citrus canker in order to allow 
for tree replacement and associated business costs. Payments under 
this subsection shall be capped in accordance with the following 
trees per acre limitations: 
(1) in the case of grapefruit, 104 trees per acre; 
(2) in the case of valencias, 123 trees per acre; 
(3) in the case of navels, 118 trees per acre; 
(4) in the case of tangelos, 114 trees per acre; 
(5) in the case of limes, 154 trees per acre; and 
(6) in the case of other or mixed citrus, 104 trees per 
acre. 
(b) The Secretary of Agriculture shall compensate Florida 
commercial citrus and lime growers for lost production, as deter-
mined by the Secretary of Agriculture, with respect to trees removed 
to control citrus canker. 
(c) To receive assistance under this section, a tree referred 
to in subsection (a) or (b) must have been removed after January 
1, 1986, and before September 30, 2001. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-53 
(d) In the case of a removed tree that was covered by a crop 
insurance tree poHcy, compensation for lost production under sub-
section (b) with respect to such a tree shall be reduced by the 
indemnity received with respect to such a tree. In the case of 
a removed tree that was not covered by a crop insurance tree 
policy, although such insurance was available for the tree, com-
pensation for lost production under subsection (b) with respect 
to such a tree shall be reduced by 5 percent. 
(e) The Secretary of Agriculture shall use $58,000,000 of the 
funds of the Commodity Credit Corporation to carry out this section, 
to remain available until expended. 
(f) The entire amount necessary to carry out this section shall 
be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement under the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided, 
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of such Act. 
SEC. 811. Notwithstanding any other provision of law, the 
Secretary of Agriculture shall use $100,000,000 of Commodity 
Credit Corporation funds, to remain available until expended, to 
make pajnnents to apple producers to provide relief for the loss 
of markets: Provided, That the amount of pa5anent to each producer 
shall be made on a per pound basis equal to each qualifying produc-
er's 1998 and 1999 production of apples: Provided further. That 
the grower shall establish eligibility for the amount of market 
loss payment upon either of the 2 crop years or an average of 
the 2 years: Provided further, That the Secretary shall not make 
payments for that amount of a particular farm's apple production 
that is in excess of 1.6 million pounds: Provided further. That 
in addition to the assistance provided under this section, the Sec-
retary of Agriculture shall use $38,000,000 of Commodity Credit 
Corporation funds, to remain available until expended, to make 
payments to apple and potato producers to compensate them for 
quality losses to either or both their 1999 and 2000 crops due 
to fireblight or weather-related disaster, including but not limited 
to a hurricane or hail: Provided further. That these payments shall 
be made regardless of whether a crop was harvested and without 
limit: Provided further. That the producer shall be ineligible for 
payments under this section with respect to a market loss for 
apples or a quality loss for apples or potatoes to the extent of 
that amount that the producer received as compensation or assist-
ance for the loss under any other Federal program, other than 
the Federal Crop Insurance Program established under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.): Provided further, That 
the Secretary shall not establish any terms or conditions for grower 
eligibility, such as limits based upon gross income, other than 
those in this section: Provided further, That the assistance made 
available under this section for an eligible producer shall be made 
as soon as practicable after the enactment of this Act: Provided 
further. That the entire amount necessary to carry out this section 
shall be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
114 STAT. 1549A-54 
PUBLIC LAW 106-387—APPENDIX 
Provided further. That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2XA) of such Act. 
SEC. 812. (a) NONRECOURSE MARKETING ASSISTANCE LOANS.— 
(1) The Secretary shall use funds of the Commodity Credit 
Corporation to make nonrecourse marketing assistance loans 
available to producers of the 2000 crop of honey. 
(2) The losm rate for a marketing assistance loan under 
paragraph (1) for honey shall be 65 cents per pound. 
(3) The Secretary shall permit producers to repay a market-
ing assistance nonrecourse loEin under paragraph (1) at a rate 
that is the lesser of— 
(A) the loan rate for honey, plus interest (as determined 
by the Secretary); or 
(B) the prevailing domestic market price for honey, 
as determined by the Secretary. 
(b) LOAN DEFICIENCY PAYMENTS.— 
(1) The Secretary may make loan deficiency payments 
available to any producer of honey that, although eligible to 
obtain a marketing assistance loan under subsection (a), agrees 
to forgo obtaining the loan in return for a pa3n3ient under 
this subsection. 
(2) A loan deficiency pajnnent under this subsection shall 
be determined by multiplying— 
(A) the loan pajnnent rate determined under paragraph 
(3); by 
(B) the quantity of honey that the producer is eligible 
to place under loan, but for which the producer forgoes 
obtaining the loan in return for a pa3niient under this 
subsection. 
(3) For the purposes of this subsection, the loan payment 
rate shall be the amount by which— 
(A) the loan rate established under subsection (a)(2); 
exceeds 
(B) the rate at which a loan may be repaid under 
subsection (aX3). 
(c) In order to provide an orderly transition to the loans and 
pa3niients provided under this section, the Secretary shall convert 
recourse loans for the 2000 crop of honey outstanding on the date 
of enactment of this Act to nonrecourse marketing assistance loans 
under subsection (a). 
(d) LIMITATIONS.— 
(1) The marketing assistance loan gains and loan deficiency 
payments that a person may receive for the 2000 crop of honey 
under this section shall be subject to the same limitations 
that apply to marketing assistance loans and loan deficiency 
payments received by producers of the same crop of other 
agricultural commodities. 
(2) The Secretary shall carry out this section in such a 
manner as to minimize forfeitures of honey marketing assist-
ance loans. 
(e) The Secretary shall make loans and loan deficiency pay-
ments under this section available to producers beginning not later 
than 30 days after the date of enactment of this Act. 
(f) In the case of a producer that marketed or redeemed, 
before, on, or within 30 days after the date of the enactment 
of this Act, a quantity of an eligible 2000 crop for which the 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-55 
producer has not received a loan deficiency pajnnent or marketing 
loan gain under this section, the producer shall be eligible to receive 
a payment from the Secretary of Agriculture under this section 
in an amount equal to the pa3Tnent or gain that the producer 
would have received for that quantity of eligible production as 
of the date on which the producer lost beneficial interest in the 
quantity or redeemed the quantity, as determined by the Secretary, 
(g) The entire amount necessary to carry out this section shall 
be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act. 
SEC. 813. The Secretary shall use up to $10,000,000 of the 
funds of the Commodity Credit Corporation to make livestock 
indemnity pajnnent to producers on a farm that have incurred 
livestock losses during calendar year 2000 due to a disaster, as 
determined by the Secretary, including losses due to fires and 
anthrax: Provided, That the entire amount shall be available only 
to the extent that an official budget request for the entire amount, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act. 
SEC. 814. The Secretary shall use the funds, facilities and 
authorities of the Commodity Credit Corporation, not to exceed 
$20,000,000, to make pa3mients directly to producers of wool, and 
producers of mohair, for the 2000 marketing year: Provided, That 
the payment rate for producers of wool and mohair shall be equal 
to $0.40 per pound: Provided further. That the entire amount nec-
essary to carry out this section shall be available only to the 
extent that an official budget request for the entire amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act. 
SEC. 815. (a) IN GENERAL.—^The Secretary of Agriculture 
(referred to in this section as the "Secretary") shall use such sums 
as are necessary of funds of the Commodity Credit Corporation 
to make emergency financial assistance authorized under this sec-
tion available to producers on a farm that have incurred qualifjdng 
losses described in subsection (c). 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—^Except as provided in paragraph (2), the 
Secretary shall make assistance available under this section 
in the same manner as provided under section 1102 of the 
Agriculture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 
1421 note; Public Law 105-277), including using the same 
114 STAT. 1549A-56 
PUBLIC LAW 106-387—APPENDIX 
loss thresholds for quantity and economic losses as were used 
in administering that section. 
(2) L o s s THRESHOLDS FOR QUALITY LOSSES.—In t h e case 
of a pajonent for quality loss for a crop under subsection (c)(2), 
the loss thresholds for quality loss for the crop shall be deter-
mined under subsection (d). 
(c) QUALIFYING LOSSES.—^Assistance under this section may 
be made available for losses due to damaging weather or related 
condition (including losses due to crop diseases and insects) associ-
ated with crops that are, as determined by the Secretary— 
(1) quantity losses for the 2000 crop; 
(2) quality losses for the 2000 crop; or 
(3) severe economic losses for the 2000 crop. 
(d) QUALITY LOSSES.— 
(1) AMOUNT OF QUALITY LOSS.—The amount of a quality 
loss for a crop of producers on a farm under subsection (c)(2) 
shall be equal to the difference between— 
(A) the per unit market value of the units of the 
crop affected by the quality loss would have had if the 
crop had not suffered a quality loss; and 
(B) the per unit market value of the units of the 
crop affected by the quality loss. 
(2) AMOUNT OF QUALITY LOSS PAYMENT.—Subject to para-
graph (3), the amount of a payment made to producers on 
a farm for a quality loss for a crop under subsection (c)(2) 
shall be equal to the amount obtained by multiplying— 
(A) 65 percent of the quantity of the crop affected 
by the quality loss that was produced on the farm; by 
(B) 65 percent of the per unit quality loss for the 
crop determined under paragraph (1). 
(3) ELIGIBILITY.—For producers on a farm to be eligible 
to obtain a payment for a quality loss for a crop under sub-
section (c)(2), the amount obtained by multiplying the per unit 
loss determined under paragraph (1) by the number of units 
affected by the quality loss shall be at least 20 percent of 
the value that all production of the crop would have had if 
the crop had not suffered a quality loss. 
(e) CROPS COVERED.—^Assistance under this section shall be 
applicable to losses for all crops, as determined by the Secretary, 
due to disasters, including— 
(1) irrigated crops that, due to lack of water or contamina-
tion by saltwater intrusion of an irrigation supply resulting 
from drought conditions, were planted and suffered a loss or 
were prevented from being planted; 
(2) pecans; and 
(3) nursery losses in the State of Florida that occur, because 
of disaster, during the period beginning on October 1, 2000, 
and ending on December 31, 2000. Calculations of the amount 
of such losses shall be made independently of other losses 
of the producer, and such losses shall be subject to a separate 
limit on payment amounts as may otherwise apply. Any pay-
ment under this section for such losses shall for all purposes, 
present and future, be considered to be a 2000 crop payment, 
and such compensated losses shall be ineligible for any assist-
ance that may become available for 2001 crop losses. 
(f) CROP INSURANCE.—In carrying out this section, the Sec-
retary shall not discriminate against or penalize producers on a 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-57 
farm that have purchased crop insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501 et seq.). 
(g) LIMITATION ON PAYMENTS FOR MULTIPLE LOSSES ON SAME 
ACREAGE.—^Notwithstanding subsection (d), a producer may not 
receive assistance under this section for losses to more than one 
2000 crop on the same acreage unless there is an established 
practice of planting two or more crops for harvest on such acreage 
in the same crop year, as determined by the Secretary. The Sec-
retary shall give a producer that is not covered by the exception 
in the previous sentence an opportunity to designate the 2000 
crop for which the producer requests assistance under this section. 
(h) The entire amount necessary to carry out this section shall 
be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act. 
SEC. 816. Of the amounts made available to the Secretary 
for the purchase of specialty crops imder sections 203(d) and 
261(a)(2) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 
1421 note; Public Law 106-224), the Secretary shall use not less 
than $30,000,000 to purchase cranberry juice concentrate and frozen 
cranberry fruit: Provided, That section 203(d)(1) of the Agricultural 
Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106-
224) is amended by inserting "or cranberry products (including 
cranberry juice concentrate and frozen cranberry fruit)" after "cran-
berries": Provided further. That in this section, the term "farm 
unit" means a separate and distinct farming operation that reports 
independent production information to the Cranberry Marketing 
Committee: Provided further, That to provide assistance for loss 
of markets for cranberries, the Secretary shall use $20,000,000 
of funds of the Commodity Credit Corporation to make payments 
to cranberry producers: Provided further. That subject to this section 
and such other terms and conditions as are determined by the 
Secretary, a payment under this section shall be made on the 
basis of the quantity of the 1999 crop of cranberries that was 
produced on each farm unit: Provided further. That the maximum 
quantity of the 1999 crop of cranberries for which producers are 
eligible for a pajonent for a farm unit under this section shall 
be 1,600,000 pounds: Provided further. That subject to this section, 
the Secretary shall take such actions as are necessary to ensure 
that payments made under this section do not duplicate payments 
provided under other Federal programs for the same loss: Provided 
further. That this shall not apply to an indemnity provided under 
a policy or plan of insurance offered under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.): Provided further. That the entire 
amount necessary to carry out this section shall be available only 
to the extent that an official budget request for the entire amount, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act. 
114 STAT. 1549A-58 
PUBLIC LAW 106-387—APPENDIX 
SEC. 817. Section 1232(a)(4) of the Food Security Act of 1985 
(16 U.S.C. 3832(a)(4)) is amended— 
(1) by striking "except that such" and inserting "except 
that— 
"(A) such"; 
(2) by inserting "and" after the semicolon at the end; and 
(3) by adding at the end the following: 
"(B) the Secretary shall not terminate the contract 
for failure to establish approved vegetative or water cover 
on the land if— 
"(i) the failure to plant such cover was due to 
excessive rainfall or flooding; 
"(ii) the land subject to the contract that could 
practicably be planted to such cover is planted to such 
cover; and 
"(iii) the land on which the owner or operator 
was unable to plant such cover is planted to such 
cover after the wet conditions that prevented the plant-
ing subsides;". 
SEC. 818. (a) Section 353(e) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2001(e)) is amended by adding 
at the end the following: 
"(7) FINANCING OF RECAPTURE PAYMENT.— 
"(A) IN GENERAL.—^The Secretary may amortize a 
recapture payment owed to the Secretary under this sub-
section. 
"(B) TERM.—The term of an amortization under this 
paragraph may not exceed 25 years. 
"(C) INTEREST RATE.— 
"(i) IN GENERAL.—The interest rate applicable to 
an amortization under this paragraph may not exceed 
the rate applicable to a loan to reacquire homestead 
property less 100 basis points. 
"(ii) 
EXISTING AMORTIZATIONS AND LOANS.—The 
interest rate applicable to an amortization or loan 
made by the Secretary before the date of enactment 
of this paragraph to finance a recapture payment owed 
to the Secretary under this subsection may not exceed 
the rate applicable to a loan to reacquire homestead 
property less 100 basis points.". 
(b) The entire amount necessary to carry out this section shall 
be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act. 
SEC. 819. The Secretary of Agriculture shall use up to 
$2,500,000 of the funds of the Commodity Credit Corporation to 
provide financial assistance to the State of South Carolina to 
capitalize the South Carolina Grain Dealers Guaranty Fund: Pro-
vided, That these funds shall only be available if the State of 
South Carolina provides an equal amount in the form of a grant 
to the South Carolina Grain Dealers Guaranty Fund: Provided 
further. That the entire amount necessary to carry out this section 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-59 
shall be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further. That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
SEC. 820. (a) The Secretary of Agriculture may use funds made 
available under sections 211(a) and 211(b), and 133(b) of the Agri-
cultural Risk Protection Act of 2000 to provide technical assistance 
to farmers and ranchers for the purposes described in sections 
211(a) and 211(b), and 133(b) of that Act; and 
(b) The Secretary of Agriculture may use funds made available 
under section 211(b) of the Agricultural Risk Protection Act of 
2000 (16 U.S.C. 3830 note; Pubhc Law 106-224) to provide addi-
tional funding for the Wildlife Habitat Incentive Program estab-
lished under section 387 of the Federal Agriculture Improvement 
and Reform Act of 1996 in such sums as the Secretary considers 
necessary to carry out that program. 
(c) The entire amount necessary to carry out this section shall 
be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
mi On Apf^ 
SEC. 821. Section 19(a)(1)(A) of the Food Stamp Act of 1977 
(7 U.S.C. 2028(a)(1)(A)) is amended by striking "Puerto Rico" and 
all that follows through "2002, to finance" and inserting "Puerto 
Rico— 
"(i) for fiscal year 2000, $1,268,000,000; 
"(ii) for fiscal year 2001, the amount required to be paid 
under clause (i) for fiscal year 2000, as adjusted by the change 
in the Food at Home series of the Consumer Price Index for 
All Urban Consumers, published by the Bureau of Labor Statis-
tics of the Department of Labor, for the most recent 12-month 
period ending in June; and 
"(iii) for fiscal year 2002, the amount required to be paid 
under clause (ii) for fiscal year 2001, as adjusted by the percent-
age by which the thrifty food plan is adjusted for fiscal year 
2002 under section 3(o)(4); 
to finance". 
SEC. 822. Notwithstanding any other provision of law, the 
Secretary of Agriculture shall make a payment in the amount 
$7,200,000 to the State of Hawaii from the Commodity Credit 
Corporation for assistance to an agricultural transportation coopera-
tive in Hawaii, the members of which are eligible to participate 
in the Farm Service Agency administered Commodity Loan Program 
and have suffered extraordinary market losses due to unprecedented 
low prices: Provided, That the entire amount shall be available 
only to the extent an official budget request for $7,200,000, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
114 STAT. 1549A-60 
PUBLIC LAW 106-387—APPENDIX 
by the President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act. 
SEC. 823. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service shall provide financial and 
technical assistance to the Long Park Dam in Utah from funds 
available for the Emergency Watershed Program, not to exceed 
$4,500,000. 
SEC. 824. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service shall provide financial and 
technical assistance to the Kuhn Bayou (Point Remove) Project 
in Arkansas from funds available for the Emergency Watershed 
Program, not to exceed $3,300,000. 
SEC. 825. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service shall provide financial and 
technical assistance to the Snake River Watershed project in Min-
nesota from funds available for the Emergency Watershed Program, 
not to exceed $4,000,000. 
SEC. 826. Of the funds made available for the Emergency 
Watershed Protection Program activities in the State of North Caro-
lina, $1,000,000 shall be available to the Secretary of Agriculture, 
acting through the Natural Resources Conservation Service, to pro-
vide technical and financial assistance for implementation of the 
project known as the "Flood Water Mitigation and Stream Restora-
tion Project", Princeville, North Carolina. 
SEC. 827. Notwithstanding any other provision of law, funds 
paid to oyster producers in the State of Connecticut under section 
1102 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 1999, 
as contained in the Omnibus Consolidated and Emergency Supple-
mental Appropriations Act, 1999 (Public Law 105-277) shall be 
retained by such producers. 
SEC. 828. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service shall provide financial and 
technical assistance to DuPage County, Illinois, from fiinds avail-
able for the Emergency Watershed Program, not to exceed 
$1,100,000. 
SEC. 829. Subtitle G, section 262 of Public Law 106-224 is 
amended as follows: After "obligate", strike "and expend". 
SEC. 830. Any funds appropriated by Cerro Grande Fire Supple-
mental as contained in Public Law 106-246 for the Emergency 
Conservation Program not required to meet the purposes of rehabili-
tating farmland damaged from fires which resulted from prescribed 
burnings conducted by the Federal Government may be used by 
the Secretary of Agriculture for activities mandated under the 
Emergency Conservation Program authorized under section 401 
of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) consistent 
with the cost-share requirements of that program: Provided, That 
the entire amount shall be available only to the extent that an 
official budget request for the entire amount, that includes designa-
tion of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President 
to the Congress: Provided further. That the entire amount is des-
ignated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of such Act. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-61 
SEC. 831. Notwithstanding any other provision of law, for tech-
nical and financial assistance up to $120,000 shall be made avail-
able from the Emergency Watershed Program for the Camp Lejeune 
Project on the Camp Lejeune Marine Base, North Carolina. 
SEC. 832. Funds appropriated by this Act and Public Law 
106-113 to the Agricultural Credit Insurance Program Account 
for farm ownership and operating direct loans and guaranteed 
loans and emergency loans may be transferred among these pro-
grams with the prior approval of the Committees on Appropriations 
of both Houses of Congress: Provided, That the entire amount 
shall be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further. That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
SEC. 833. Section 321(b) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1961(b)) is amended by adding at the 
end the following: 
"(3) LOANS TO POULTRY FARMERS.— 
"(A) INABILITY TO OBTAIN INSURANCE.— 
"(i) IN GENERAL.—Notwithstanding any 
other 
provision of this subtitle, the Secretary may make a 
loan to a poultry farmer under this subtitle to cover 
the loss of a chicken house for which the farmer did 
not have hazard insurance at the time of the loss, 
if the farmer— 
"(I) applied for, but was unable, to obtain haz-
ard insurance for the chicken house; 
"(II) uses the loan to rebuild the chicken house 
in accordance with industry standards in effect 
on the date the farmer submits an application 
for the loan (referred to in this paragraph as 'cur-
rent industry standards'); 
"(III) obtains, for the term of the loan, hazard 
insurance for the full market value of the chicken 
house; and 
"(IV) meets the other requirements for the 
loan under this subtitle. 
"(ii) AMOUNT.—Subject to the limitation contained 
in section 324(a)(2), the amount of a loan made to 
a poultry farmer under clause (i) shall be an amount 
that will allow the farmer to rebuild the chicken house 
in accordance with current industry standards. 
"(B) LOANS TO COMPLY WITH CURRENT INDUSTRY STAND-
ARDS.— 
"(i) IN GENERAL.—Notwithstanding any 
other 
provision of this subtitle, the Secretary may make a 
loan to a poultry farmer under this subtitle to cover 
the loss of a chicken house for which the farmer had 
hazard insurance at the time of the loss, if— 
"(I) the amount of the hazard insurance is 
less than the cost of rebuilding the chicken house 
in accordance with current industry standards; 
114 STAT. 1549A-62 
PUBLIC LAW 106-387—APPENDIX 
"(11) the fanner uses the loan to rebuild the 
chicken house in accordance with current industry 
standards; 
"(III) the farmer obtains, for the term of the 
loan, hazard insurance for the full market value 
of the chicken house; and 
"(IV) the farmer meets the other requirements 
for the loan under this subtitle. 
"(ii) AMOUNT.—Subject to the limitation contained 
in section 324(a)(2), the amount of a loan made to 
a poultry farmer under clause (i) shall be the difference 
between— 
"(I) the amount of the hazard insurance 
obtained by the farmer; and 
"(II) the cost of rebuilding the chicken house 
in accordance with current industry standards.". 
SEC. 834. For an additional amount for grants under sections 
231(a) and 261(a)(2) of the Agricultural Risk Protection Act of 
2000, $10,000,000: Provided, That the entire amount shall be avail-
able only to the extent an official budget request for $10,000,000, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act. 
SEC. 835. For an additional amount for the cost (as defined 
in section 502 of the Congressional Budget Act of 1974) of guaran-
teed loans under section 310B(a)(l) of the Consolidated Farm and 
Rural Development Act, $10,000,000: Provided, That the entire 
amount shall be available only to the extent an official budget 
request for $10,000,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
SEC. 836. Section 156(e) of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272(e)) is amended— 
(1) in paragraph (1)— 
(A) by striking "recourse" each place that it appears 
and inserting "nonrecourse"; and 
(B) by striking "Subject to paragraph (2), the" and 
inserting "The"; 
(2) by striking paragraph (2); 
(3) by re-designating paragraph (3) as paragraph (2); 
and 
(4) in paragraph (2) as so re-designated, by striking 
"If" through "shall" in the first sentence and inserting 
"The Secretary shall". 
SEC. 837. Notwithstanding section 1001(2) of the Food Security 
Act of 1985 (7 U.S.C. 1308 (1)), the total amount of the payments 
specified in section 1001(3) of that Act or section 812 of this Act 
that a person shall be entitled to receive under the Agricultural 
Market Transition Act (7 U.S.C. 7201 et seq.) for one or more 
contract commodities, oilseeds and for honey under section 812 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-63 
of this Act produced during the 2000 crop year may not exceed 
$150,000: Provided, That in carrying out this section, the Secretary 
shall allow a producer that has marketed or redeemed a quantity 
of an eligible 2000 crop for which the producer has not received 
a loan deficiency pa3mient or marketing loan gain under section 
134 or 135 of the Agricultural Market Transition Act (7 U.S.C. 
7234, 7235) or section 812 of this Act to receive such payment 
or gain as of the date on which the quantity was marketed or 
redeemed, as determined by the Secretary. 
SEC. 838. Notwithstanding any other provision of law, the 
Secretary shall extend until the date that is 60 days after the 
date of enactment of this Act the final eligibility date for marketing 
assistance loans and loan deficiency payments under subtitle C 
of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) 
for rice of special grade designations, as determined by the Sec-
retary, that was made eligible for the loans by the Secretary during 
December 1999; and for which producers were not notified of the 
eligibility period for the loans: Provided, That producers on a farm 
that lost a beneficial interest in rice after the date on which the 
rice was made ineligible for loans and loan deficiency payments 
by the Secretary shall be eligible to obtain loan deficiency payments 
based on the pa3anent rate that was in effect on the last date 
of eligibility for the loans before the date of enactment of this 
Act: Provided further. That the entire amount necessary to carry 
out this section shall be available only to the extent that an official 
budget request for the entire amount, that includes designation 
of the entire amount of the request as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act. 
SEC. 839. Notwithstanding any other provision of law, the 
Secretary of Agriculture may enter into contracts with livestock 
producers for the purpose of controlling the buildup of grasses, 
forbs and other natural fiiels that contribute to the threat of wildfire 
on rangelands administered by the Secretary: Provided, That such 
contracts are provided from within discretionary funds. 
SEC. 840. As soon as practicable after the date of enactment 
of this Act, the Secretary and the Commodity Credit Corporation, 
as appropriate, shall issue such regulations as are necessary to 
implement sections 804, 805, 806, 809, 810, 811, 812, 814, 815, 
816, 836, 837, 838, 839, 841, 843, 844, and 845 of this title: Provided, 
That the issuance of the regulations shall be made without regard 
to: (1) the notice and comment provisions of section 553 of title 
5, United States Code; (2) the Statement of Policy of the Secretary 
of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating 
to notices of proposed rulemaking and public participation in rule-
making; and (3) chapter 35 of title 44, United States Code (com-
monly known as the "Paperwork Reduction Act"): Provided further, 
That in carrying out this section, the Secretary shall use the author-
ity provided under section 808 of title 5, United States Code. 
SEC. 841. The Secretary of Agriculture shall use funds of the 
Commodity Credit Corporation to make a payment to each eligible 
person described in section 204(b)(1)(A) of the Agricultural Risk 
Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106-224) 
without regard to section 204(b)(l)(A)(ii) of that Act: Provided, 
114 STAT. 1549A-64 
PUBLIC LAW 106-387—APPENDIX 
That the Secretary shall make a payment to an eligible person 
described in this section in the same amount as is payable to 
an eligible person under section 204 of that Act: Provided 
further. 
That the entire amount necessary to carry out this section shall 
be available only to the extent an official budget request that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act. 
SEC. 842. Payments made from amounts appropriated pursuant 
to this title shall not be subject to administrative offset, including 
administrative offset under chapter 37 of title 31, United States 
Code. 
SEC. 843. The Secretary of Agriculture shall use not more 
than $20,000,000 of funds of the Commodity Credit Corporation 
to make payments to producers of tomatoes, pears, peaches, and 
apricots that were unable to market the crops of the producers 
because of the insolvency of an agriculture cooperative in the State 
of California: Provided, That the amount of a payment made to 
a producer under this subsection shall not exceed 50 percent of 
the contract value of the unmarketed crop referred to in this section: 
Provided further. That the entire amount necessary to carry out 
this section shall be available only to the extent an official budget 
request that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmit-
ted by the President to the Congress: Provided further. That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act. 
SEC. 844. LOAN FORFEITURES OF BURLEY TOBACCO. 
(a) IN GENERAL.—Notwithstanding sections 106 through 106B 
of the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445-
2)— 
(1) a producer-owned cooperative marketing association 
may fully settle a loan made for the 1999 crop of Burley 
tobacco by forfeiting to the Commodity Credit Corporation the 
Burley tobacco covered by the loan regardless of the condition 
of the tobacco; 
(2) any losses to the Commodity Credit Corporation as 
a result of paragraph (1)— 
(A) shall not be charged to the No Net Cost Tobacco 
Account; and 
(B) shall not affect the amount of any assessment 
imposed against Burley or any other kind of tobacco under 
sections 106 through 106B of the Agricultural Act of 1949 
(7 U.S.C. 1445 through 1445-2); and 
(3) any tobacco forfeited pursuant to this section shall 
not be— 
(A) counted for the purpose of determining the Burley 
tobacco quota for any year pursuant to section 319 of 
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e); 
or 
(B) sold for use in the United States. 
(b) EMERGENCY REQUIREMENT.— 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-65 
(1) The entire amount necessary to carry out this section 
shall be available only to the extent that an official budget 
request for the entire amount, that includes designation of 
the entire amount of the request as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the President 
to the Congress. 
(2) The entire amount is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act. 
SEC. 845. COMMODITY ELIGffilLITY ASSISTANCE. 
(a) IN GENERAL.—Section 3720B(a) of title 31, United States 
Code, is amended in the first sentence by inserting "or a marketing 
assistance loan or loan deficiency pa3mient under subtitle C of 
the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)" 
after "disaster loan". 
(b) PAYMENTS.—Any payment made by the Commodity Credit 
Corporation to a producer as a result of the amendment made 
by section (a) shall be credited toward any delinquent debt owed 
by the producer to the Farm Service Agency. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendment made by subsection (a) 
takes effect on the date of enactment of this Act. 
(2) TRANSITION LOAN DEFICIENCY PAYMENTS.—If the produc-
ers on a farm lost beneficial interest in a crop during the 
period beginning March 21, 2000, and ending on the day before 
the date of enactment of this Act and were ineligible for a 
marketing assistance loan under subtitle C of the Agricultural 
Market Transition Act (7 U.S.C. 7231 et seq.) because of section 
3720B(a) of title 31, United States Code, as in effect before 
the amendment made by subsection (a), the producers shall 
be eligible for any loan deficiency payment under subtitle C 
of that Act that was available on the date on which the produc-
ers lost beneficial interest in the crop. 
(d)(1) The entire amount necessary to carry out this section 
shall be available only to the extent an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress. 
(2) The entire amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of such Act. 
SEC. 846. MAXIMUM AMOUNT OF EXCESS SHELTER EXPENSE DEDUC-
TION. 
(a) AMENDMENT.—Section 5(e)(7)(B) of the Food Stamp Act 
of 1977 (7 U.S.C. 2014(e)(7)(B)) is amended by striking clauses 
(iii) and (iv) and inserting the following: 
"(iii) for fiscal year 1999, $275, $478, $393, $334, 
and $203 per month, respectively; 
"(iv) for fiscal year 2000, $280, $483, $398, $339, 
and $208 per month, respectively; 
"(v) for fiscal year 2001, $340, $543, $458, $399, 
and $268 per month, respectively; and 
"(vi) for fiscal year 2002 and each subsequent fiscal 
year, the applicable amount during the preceding fiscal 
year, as adjusted to reflect changes for the 12-month 
114 STAT. 1549A-66 
PUBLIC LAW 106-387—APPENDIX 
period ending the preceding November 30 in the Con-
sumer Price Index for All Urban Consumers published 
by the Bureau of Labor Statistics of the Department 
of Labor.", 
(b) EFFECTIVE DATE; APPLICATION OF AMENDMENT.—(1) Except 
as provided in paragraph (2), the amendment made by this section 
shall take effect on March 1, 2001. 
(2) The amendment made by this section shall not apply with 
respect to certification periods beginning before March 1, 2001. 
(c)(1) The entire amount necessary to carry out this section 
shall be available only to the extent an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress. 
(2) The entire amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of such Act. 
SEC. 847. VEHICLE ALLOWANCE. 
(a) IN GENERAL.—Section 5(g)(2) of the Food Stamp Act of 
1977 (7 U.S.C. 2014(g)(2)) is amended— 
(1) in subparagraph (B)(iv)— 
(A) by striking "subparagraph (C)" and inserting "sub-
paragraphs (C) and (D)"; and 
(B) by striking "to the extent that" and all that follows 
through the end of the clause and inserting "to the extent 
that the fair market value of the vehicle exceeds $4,650; 
and"; and 
(2) by adding at the end the following: 
"(D) ALTERNATIVE VEHICLE ALLOWANCE.—If the vehicle 
allowance standards that a State agency uses to determine 
eligibility for assistance under the State program funded 
under part A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.) would result in a lower attribution 
of resources to certain households than under subparagraph 
(B)(iv), in lieu of appljdng subparagraph (B)(iv), the State 
agency may elect to apply the State vehicle allowance 
standards to all households that would incur a lower 
attribution of resources under the State vehicle allowance 
standards.". 
(b) EFFECTIVE DATE; APPLICATION OF AMENDMENTS.—(1) Except 
as provided in paragraph (2), the amendments made by this section 
shall take effect on July 1, 2001. 
(2) The amendments made by this section shall not apply 
with respect to certification periods beginning before July 1, 2001. 
(c)(1) The entire amount necessary to carry out this section 
shall be available only to the extent an official budget request 
for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress. 
(2) The entire amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of such Act. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-67 
TITLE IX—TRADE SANCTIONS REFORM AND EXPORT 
ENHANCEMENT 
SEC. 901. SHORT TITLE. 
This title may be cited as the "Trade Sanctions Reform and 
Export Enhancement Act of 2000". 
SEC. 902. DEFINITIONS. 
In this title: 
(1) AGRICULTURAL COMMODITY.—The term "agricultural 
commodity" has the meaning given the term in section 102 
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). 
(2) AGRICULTURAL PROGRAM.—The term "agricultural pro-
gram" means— 
(A) any program administered under the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 
1691 et seq.); 
(B) any program administered under section 416 of 
the Agricultural Act of 1949 (7 U.S.C. 1431); 
(C) any program administered under the Agricultural 
Trade Act of 1978 (7 U.S.C. 5601 et seq.); 
(D) the dairy export incentive program administered 
under section 153 of the Food Security Act of 1985 (15 
U.S.C. 713a-14); 
(E) any commercial export sale of agricultural commod-
ities; or 
(F) any export financing (including credits or credit 
guarantees) provided by the United States Government 
for agricultural commodities. 
(3) 
JOINT 
RESOLUTION.—The 
term 
"joint 
resolution" 
means— 
(A) in the case of section 903(a)(1), only a joint resolu-
tion introduced within 10 session days of Congress after 
the date on which the report of the President under section 
903(a)(1) is received by Congress, the matter after the 
resolving clause of which is as follows: "That Congress 
approves the report of the President pursuant to section 
903(a)(1) of the Trade Sanctions Reform and Export 
Enhancement Act of 2000, transmitted on 
.", 
with the blank completed with the appropriate date; and 
(B) in the case of section 906(1), only a joint resolution 
introduced within 10 session days of Congress after the 
date on which the report of the President under section 
906(2) is received by Congress, the matter after the resolv-
ing clause of which is as follows: "That Congress approves 
the report of the President pursuant to section 906(1) of 
the Trade Sanctions Reform and Export Enhancement Act 
of 2000, transmitted on 
.", with the blank 
completed with the appropriate date. 
(4) MEDICAL DEVICE.—^The term "medical device" has the 
meaning given the tenn "device" in section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321). 
(5) MEDICINE.—^The term "medicine" has the meaning given 
the term "drug" in section 201 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 321). 
(6) UNILATERAL AGRICULTURAL SANCTION.—The term "uni-
lateral agricultural sanction" means any prohibition, restriction, 
114 STAT. 1549A-68 
PUBLIC LAW 106-387—APPENDIX 
or condition on caniylng out an agricultural program with 
respect to a foreign country or foreign entity that is imposed 
by the United States for reasons of foreign policy or national 
security, except in a case in which the United States imposes 
the measure pursuant to— 
(A) a multilateral regime and the other member coun-
tries of that regime have agreed to impose substantially 
equivalent measures; or 
(B) a mandatory decision of the United Nations Secu-
rity Council. 
(7) UNILATERAL MEDICAL SANCTION.—The term "unilateral 
medical sanction" means any prohibition, restriction, or condi-
tion on exports of, or the provision of assistance consisting 
of, medicine or a medical device with respect to a foreign 
country or foreign entity that is imposed by the United States 
for reasons of foreign policy or national security, except in 
a case in which the United States imposes the measure pursu-
ant to— 
(A) a multilateral regime and the other member coun-
tries of that regime have agreed to impose substantially 
equivalent measures; or 
(B) a mandatory decision of the United Nations Secu-
rity Council. 
SEC. 903. RESTRICTION. 
(a) NEW SANCTIONS.—^Except as provided in sections 904 and 
905 and notwithstanding any other provision of law, the President 
may not impose a unilateral agricultural sanction or unilateral 
medical sanction against a foreign country or foreign entity, 
unless— 
(1) not later than 60 days before the sanction is proposed 
to be imposed, the President submits a report to Congress 
that— 
(A) describes the activity proposed to be prohibited, 
restricted, or conditioned; and 
(B) describes the actions by the foreign country or 
foreign entity that justify the sanction; and 
(2) there is enacted into law a joint resolution stating 
the approval of Congress for the report submitted under para-
graph (1). 
(b) EXISTING SANCTIONS.—^The President shall terminate any 
unilateral agricultural sanction or unilateral medical sanction that 
is in effect as of the date of enactment of this Act. 
SEC. 904. EXCEPTIONS. 
Section 903 shall not affect any authority or requirement to 
impose (or continue to impose) a sanction referred to in section 
903— 
(1) against a foreign country or foreign entity— 
(A) pursuant to a declaration of war against the coun-
try or entity; 
(B) pursuant to specific statutory authorization for the 
use of the Armed Forces of the United States against 
the country or entity; 
(C) against which the Armed Forces of the United 
States are involved in hostilities; or 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-69 
(D) where imminent involvement by the Armed Forces 
of the United States in hostiUties against the country or 
entity is clearly indicated by the circumstances; or 
(2) to the extent that the sanction would prohibit, restrict, 
or condition the provision or use of any agricultural commodity, 
medicine, or medical device that is— 
(A) controlled on the United States Munitions List 
established under section 38 of the Arms Export Control 
Act (22 U.S.C. 2778); 
(B) controlled on any control list established under 
the Export Administration Act of 1979 or any successor 
statute (50 U.S.C. App. 2401 et seq.); or 
(C) used to facilitate the development or production 
of a chemical or biological weapon or weapon of mass 
destruction. 
SEC. 905. TERMINATION OF SANCTIONS. 
Any unilateral agricultural sanction or unilateral medical sanc-
tion that is imposed pursuant to the procedures described in section 
903(a) shall terminate not later than 2 years after the date on 
which the sanction became effective unless— 
(1) not later than 60 days before the date of termination 
of the sanction, the President submits to Congress a report 
containing— 
(A) the recommendation of the President for the 
continuation of the sanction for an additional period of 
not to exceed 2 years; and 
(B) the request of the President for approved by Con-
gress of the recommendation; and 
(2) there is enacted into law a joint resolution stating 
the approval of Congress for the report submitted under para-
graph (1). 
SEC. 906. STATE SPONSORS OF INTERNATIONAL TERRORISM. 
(a) REQUIREMENT.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
this title (other than section 904), the export of agricultural 
commodities, medicine, or medical devices to Cuba or to the 
government of a country that has been determined by the 
Secretary of State to have repeatedly provided support for 
acts of international terrorism under section 620A of the For-
eign Assistance Act of 1961 (22 U.S.C. 2371), section 6(j)(l) 
of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(l)), or section 40(d) of the Arms Export Control Act 
(22 U.S.C. 2780(d)), or to any other entity in such a country, 
shall only be made pursuant to 1-year licenses issued by the 
United States Government for contracts entered into during 
the 1-year period of the license and shipped within the 12-
month period beginning on the date of the signing of the con-
tract, except that the requirements of such 1-year licenses 
shall be no more restrictive than license exceptions adminis-
tered by the Department of Commerce or general licenses 
administered by the Department of the Treasury, except that 
procedures shall be in place to deny licenses for exports to 
any entity within such country promoting international terror-
ism. 
(2) EXCEPTION.—Paragraph (1) shall not apply with respect 
to the export of agricultural commodities, medicine, or medical 
114 STAT. 1549A-70 
PUBLIC LAW 106-387—APPENDIX 
devices to the Government of 83^*13 or to the Government 
of North Korea. 
(b) QUARTERLY REPORTS.—The appHcable department or agency 
of the Federal Government shall submit to the appropriate congres-
sional committees on a quarterly basis a report on any activities 
undertaken under subsection (a)(1) during the preceding calendar 
quarter. 
(c) BIENNIAL REPORTS.—Not later than 2 years after the date 
of enactment of this Act, and every 2 years thereafter, the applicable 
department or agency of the Federal Government shall submit 
a report to the appropriate congressional committees on the oper-
ation of the licensing system under this section for the preceding 
2-year period, including— 
(1) the number and types of licenses applied for; 
(2) the number and t3^es of licenses approved; 
(3) the average amount of time elapsed from the date 
of filing of a license application until the date of its approval; 
(4) the extent to which the licensing procedures were effec-
tively implemented; and 
(5) a description of comments received from interested par-
ties about the extent to which the licensing procedures were 
effective, after the applicable department or agency holds a 
public 30-day comment period. 
SEC. 907. CONGRESSIONAL PROCEDURES. 
(a) REFERRAL OF REPORT.—A report described in section 
903(a)(1) or 905(1) shall be referred to the appropriate committee 
or committees of the House of Representatives and to the appro-
priate committee or committees of the Senate. 
(b) REFERRAL OF JOINT RESOLUTION.— 
(1) IN GENERAL.—^A joint resolution introduced in the Sen-
ate shall be referred to the Committee on Foreign Relations, 
and a joint resolution introduced in the House of Representa-
tives shall be referred to the Committee on International Rela-
tions. 
(2) REPORTING DATE.—A joint resolution referred to in para-
graph (1) may not be reported before the eighth session day 
of Congress after the introduction of the joint resolution. 
SEC. 908. PROHIBITION ON UNITED STATES ASSISTANCE AND FINANC-
ING. 
(a) PROHIBITION ON UNITED STATES ASSISTANCE.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, no United States Government assistance, including United 
States foreign assistance. United States export assistance, and 
any United States credit or guarantees shall be available for 
exports to Cuba or for commercial exports to Iran, Libya, North 
Korea, or Sudan. 
(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 
shall be construed to alter, modify, or otherwise affect the 
provisions of section 109 of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039) or any 
other provision of law relating to Cuba in effect on the day 
before the date of the enactment of this Act. 
(3) WAIVER.—^The President may waive the application of 
paragraph (1) with respect to Iran, Libya, North Korea, and 
Sudan to the degree the President determines that it is in 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-71 
the national security interest of the United States to do so, 
or for humanitarian reasons. 
(b) PROHIBITION ON FINANCING OF AGRICULTURAL SALES TO 
CUBA.— 
(1) IN GENERAL.—No United States person may provide 
pa3anent or financing terms for sales of agricultural commod-
ities or products to Cuba or any person in Cuba, except in 
accordance with the following terms (notwithstanding part 515 
of title 31, Code of Federal Regulations, or any other provision 
of law): 
(A) Payment of cash in advance. 
(B) Financing by third country financial institutions 
(excluding United States persons or Government of Cuba 
entities), except that such financing may be confirmed or 
advised iDy a United States financial institution. 
Nothing in this paragraph authorizes payment terms or trade 
financing involving a debit or credit to an account of a person 
located in Cuba or of the Government of Cuba maintained 
on the books of a United States depository institution. 
(2) PENALTIES.—^Any private person or entity that violates 
paragraph (1) shall be subject to the penalties provided in 
the Trading With the Enemy Act for violations under that 
Act. 
(3) ADMINISTRATION AND ENFORCEMENT.—The President 
shall issue such regulations as are necessary to carry out this 
section, except that the President, in lieu of issuing new regula-
tions, may apply any regulations in effect on the date of the 
enactment of this Act, pursuant to the Trading With the Enemy 
Act, with respect to the conduct prohibited in paragraph (1). 
(4) DEFINITIONS.—In this subsection— 
(A) the term "financing" includes any loan or extension 
of credit; 
(B) the term "United States depository institution" 
means any entity (including its foreign branches or subsidi-
aries) organized under the laws of any jurisdiction within 
the United States, or any agency, office or branch located 
in the United States of a foreign entity, that is engaged 
primarily in the business of banking (including a bank, 
savings bank, savings association, credit union, trust com-
pany, or United States bank holding company); and 
(C) the term "United States person" means the Federal 
Government, any State or local government, or any private 
person or entity of the United States. 
SEC. 909. PROHmrnON ON ADDITIONAL IMPORTS FROM CUBA. 
Nothing in this title shall be construed to alter, modify, or 
otherwise affect the provisions of section 515.204 of title 31, Code 
of Federal Regulations, relating to the prohibition on the entry 
into the United States of merchandise that: (1) is of Cuban origin; 
(2) is or has been located in or transported from or through Cuba; 
or (3) is made or derived in whole or in part of any article which 
is the growth, produce, or manufacture of Cuba. 
SEC. 910. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED 
TRANSACTIONS WITH CUBA. 
(a) AUTHORIZATION OF TRAVEL RELATING TO COMMERCIAL SALE 
OF AGRICULTURAL COMMODITIES.—The Secretary of the Treasury 
114 STAT. 1549A-72 
PUBLIC LAW 106-387—APPENDIX 
shall promulgate regulations under which the travel-related trans-
actions listed in subsection (c) of section 515.560 of title 31, Code 
of Federal Regulations, may be authorized on a case-by-case basis 
by a specific license for travel to, from, or within Cuba for the 
commercial export sale of agricultural commodities pursuant to 
the provisions of this title. 
(b) PROHIBITION ON TRAVEL RELATING TO TOURIST ACTIVITIES.— 
(1) IN GENERAL.—^Notwithstanding any other provision of 
law or regulation, the Secretary of the Treasury, or any other 
Federal official, may not authorize the travel-related trans-
actions listed in subsection (c) of section 515.560 of title 31, 
Code of Federal Regulations, either by a general license or 
on a case-by-case basis by a specific license for travel to, from, 
or within Cuba for tourist activities. 
(2) DEFINITION.—In this subsection, the term "tourist activi-
ties" means any activity with respect to travel to, from, or 
within Cuba that is not expressly authorized in subsection 
(a) of this section, in any of paragraphs (1) through (12) of 
section 515.560 of title 31, Code of Federal Regulations, or 
in any section referred to in any of such paragraphs (1) through 
(12) (as such sections were in effect on June 1, 2000). 
SEC. 911. EFFECTIVE DATE. 
(a) IN GENERAL.—^Except as provided in subsection (b), this 
title shall take effect on the date of enactment of this Act, and 
shall apply thereafter in any fiscal year. 
(b) EXISTING SANCTIONS.—In the case of any unilateral agricul-
tural sanction or unilateral medical sanction that is in effect as 
of the date of enactment of this Act, this title shall take effect 
120 days after the date of enactment of this Act, and shall apply 
thereafter in any fiscal year. 
TITLE X—CONTINUED DUMPING AND SUBSIDY OFFSET 
SEC. 1001. SHORT TITLE. 
This title may be cited as the "Continued Dumping and Subsidy 
OfrsetActof2000". 
SEC. 1002. FINDINGS OF CONGRESS. 
Congress makes the following findings: 
(1) Consistent with the rights of the United States under 
the World Trade Organization, injurious dumping is to be con-
demned and actionable subsidies which cause injury to domestic 
industries must be effectively neutralized. 
(2) United States unfair trade laws have as their purpose 
the restoration of conditions of fair trade so that jobs and 
investment that should be in the United States are not lost 
through the false market signals. 
(3) The continued dumping or subsidization of imported 
products after the issuance of antidumping orders or findings 
or countervailing duty orders can frustrate the remedial pur-
pose of the laws by preventing market prices from returning 
to fair levels. 
(4) Where dumping or subsidization continues, domestic 
producers will be reluctant to reinvest or rehire and may be 
unable to maintain pension and health care benefits that condi-
tions of fair trade would permit. Similarly, small businesses 
and American farmers and ranchers may be unable to pay 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-73 
down accumulated debt, to obtain working capital, or to other-
wise remain viable. 
(5) United States trade laws should be strengthened to 
see that the remedial purpose of those laws is achieved. 
SEC. 1003. AMENDMENTS TO THE TARIFF ACT OF 1930. 
(a) IN GENERAL.—Title VII of the Tariff Act of 1930 (19 U.S.C. 
1671 et seq.) is amended by inserting after section 753 the following 
new section: 
"SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET. 
"(a) IN GENERAL.—^Duties assessed pursuant to a countervailing 
duty order, an antidumping duty order, or a finding under the 
Antidumping Act of 1921 shall be distributed on an annual basis 
under this section to the affected domestic producers for qualifying 
expenditures. Such distribution shall be known as the 'continued 
dumping and subsidy offset'. 
"(b) DEFINITIONS.—^As used in this section: 
"(1) AFFECTED DOMESTIC PRODUCER.—The term 'affected 
domestic producer' means any manufacturer, producer, farmer, 
rancher, or worker representative (including associations of 
such persons) that— 
"(A) was a petitioner or interested party in support 
of the petition with respect to which an antidumping duty 
order, a finding under the Antidumping Act of 1921, or 
a countervailing duty order has been entered, and 
"(B) remains in operation. 
Companies, businesses, or persons that have ceased the produc-
tion of the product covered by the order or finding or who 
have been acquired by a company or business that is related 
to a company that opposed the investigation shall not be an 
affected domestic producer. 
"(2) COMMISSIONER.—^The term 'Commissioner' means the 
Commissioner of Customs. 
"(3) COMMISSION.—^The term 'Commission' means the 
United States International Trade Commission. 
"(4) 
QUALIFYING 
EXPENDITURE.—^The term 
'qualifying 
expenditure' means an expenditure incurred after the issuance 
of the antidumping duty finding or order or countervailing 
duty order in any of the following categories: 
"(A) Manufacturing facilities. 
"(B) Equipment. 
"(C) Research and development. 
"(D) Personnel training. 
"(E) Acquisition of technology. 
"(F) Health care benefits to employees paid for by 
the employer. 
"(G) Pension benefits to employees paid for by the 
employer. 
"(H) Environmental equipment, training, or technology. 
"(I) Acquisition of raw materials and other inputs. 
"(J) Working capital or other funds needed to maintain 
production. 
"(5) RELATED TO.—^A company, business, or person shall 
be considered to be 'related to' another company, business, 
or person if— 
114 STAT. 1549A-74 
PUBLIC LAW 106-387—APPENDIX 
"(A) the company, business, or person directly or 
indirectly controls or is controlled by the other company, 
business, or person, 
"(B) a third party directly or indirectly controls both 
companies, businesses, or persons, 
"(C) both companies, businesses, or persons directly 
or indirectly control a third party and there is reason 
to believe that the relationship causes the first company, 
business, or persons to act differently than a nonrelated 
party. 
For purposes of this paragraph, a party shall be considered 
to directly or indirectly control another party if the party is 
legally or operationally in a position to exercise restraint or 
direction over the other party. 
"(c) DISTRIBUTION PROCEDURES.—^The Commissioner shall pre-
scribe procedures for distribution of the continued dumping or sub-
sidies offset required by this section. Such distribution shall be 
made not later than 60 days after the first day of a fiscal year 
from duties assessed during the preceding fiscal year. 
"(d) PARTIES ELIGIBLE FOR DISTRIBUTION OF ANTIDUMPING AND 
COUNTERVAILING DUTIES ASSESSED.— 
"(1) 
LIST 
OF 
AFFECTED 
DOMESTIC 
PRODUCERS.—^The 
Commission shall forward to the Commissioner within 60 days 
after the effective date of this section in the case of orders 
or findings in effect on January 1, 1999, or thereafter, or 
in any other case, within 60 days after the date an antidumping 
or countervailing duty order or finding is issued, a list of 
petitioners and persons with respect to each order and finding 
and a list of persons that indicate support of the petition 
by letter or through questionnaire response. In those cases 
in which a determination of injury was not required or the 
Commission's records do not permit an identification of those 
in support of a petition, the Commission shall consult with 
the administering authority to determine the identity of the 
petitioner and those domestic parties who have entered appear-
ances during administrative reviews conducted by the admin-
istering authority under section 751. 
"(2) PUBLICATION OF LIST; CERTIFICATION.—The Commis-
sioner shall publish in the Federal Register at least 30 days 
before the distribution of a continued dumping and subsidy 
offset, a notice of intention to distribute the offset and the 
list of affected domestic producers potentially eligible for the 
distribution baaed on the list obtained from the Commission 
under paragraph (1). The Commissioner shall request a certifi-
cation 
from 
each 
potentially 
eligible 
affected 
domestic 
producer— 
"(A) that the producer desires to receive a distribution; 
"(B) that the producer is eligible to receive the distribu-
tion as an affected domestic producer; and 
"(C) the qualifying expenditures incurred by the pro-
ducer since the issuance of the order or finding for which 
distribution under this section has not previously been 
made. 
"(3) DISTRIBUTION OF FUNDS.—^The Commissioner shall 
distribute all funds (including all interest earned on the funds) 
from assessed duties received in the preceding fiscal year to 
affected 
domestic producers 
based 
on the 
certifications 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-75 
described in paragraph (2). The distributions shall be made 
on a pro rata basis based on new and remaining qualifying 
expenditures. 
"(e) SPECIAL ACCOUNTS.— 
"(1) ESTABLISHMENTS.—Within 14 days after the effective 
date of this section, with respect to antidumping duty orders 
and findings and countervailing duty orders notified under 
subsection (d)(1), and within 14 days after the date an anti-
dumping duty order or finding or countervailing duty order 
issued after the effective date takes effect, the Commissioner 
shall establish in the Treasury of the United States a special 
account with respect to each such order or finding. 
"(2) DEPOSITS INTO ACCOUNTS.—The Commissioner shall 
deposit into the special accounts, all antidumping or counter-
vailing duties (including interest earned on such duties) that 
are assessed after the effective date of this section under the 
antidumping order or finding or the countervailing duty order 
with respect to which the account was established. 
"(3) TIME AND MANNER OF DISTRIBUTIONS.—Consistent with 
the requirements of subsections (c) and (d), the Commissioner 
shall by regulation prescribe the time and manner in which 
distribution of the funds in a special account shall be made. 
"(4) TERMINATION.—^A special account shall terminate 
after— 
"(A) the order or finding with respect to which the 
account was established has terminated; 
"(B) all entries relating to the order or finding are 
liquidated and duties assessed collected; 
"(C) the Commissioner has provided notice and a final 
opportunity to obtain distribution pursuant to subsection 
(c); and 
"(D) 90 days has elapsed from the date of the notice 
described in subparagraph (C). 
Amounts not claimed within 90 days of the date of the notice 
described in subparagraph (C), shall be deposited into the gen-
eral fund of the Treasury.". 
(b) CONFORMING AMENDMENT.—The table of contents for title 
VII of the Tariff Act of 1930 is amended by inserting the following 
new item after the item relating to section 753: 
"Sec. 754. Continued dumping and subsidy offset.". 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to all antidumping and countervailing 
duty assessments made on or after October 1, 2000. 
TITLE XI—CONSERVATION OF FARMABLE WETLAND 
SEC. 1101. SHORT TITLE. 
This title may be cited as the "Conservation of Farmable Wet-
land Act of 2000". 
SEC. 1102. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND 
BUFFER A C R E A G E IN CONSERVATION RESERVE. 
(a) IN GENERAL.—Section 1231 of the Food Security Act of 
1985 (16 U.S.C. 3831) is amended by adding at the end the follow-
ing: 
114 STAT. 1549A-76 
PUBLIC LAW 106-387—APPENDIX 
"(h) 
PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND 
BUFFER ACREAGE IN CONSERVATION RESERVE.— 
"(1) IN GENERAL.—During the 2001 and 2002 calendar 
years, the Secretary shall carry out a pilot program in the 
States of Iowa, Minnesota, Montana, Nebraska, North Dakota, 
and South Dakota under which the Secretary shall include 
eligible acreage described in paragraph (3) in the program 
established under this subchapter. 
"(2) PARTICIPATION AMONG STATES.—The Secretary shall 
ensure, to the maximum extent practicable, that owners and 
operators in each of the States referred to in paragraph (1) 
have an equitable opportunity to participate in the pilot pro-
gram established under this subsection. 
"(3) ELIGIBLE ACREAGE.— 
"(A) IN GENERAL.—Subject to subparagraphs 
(B) 
through (D), an owner or operator may enroll in the con-
servation reserve under this subsection— 
"(i) a wetland (including a converted wetland 
described in section 1222(b)(1)(A)) that was cropped 
during at least three of the immediately preceding 
10 crop years; and 
"(ii) buffer acreage that— 
"(I) is contiguous to the wetland described in 
clause (i); 
"(II) is used to protect the wetland; and 
"(III) is of such width as the Secretary deter-
mines is necessary to protect the wetland, taking 
into consideration and accommodating the farming 
practices (including the straightening of bound-
aries to accommodate machinery) used 
with 
respect to the cropland that surrounds the wet-
land. 
"(B) EXCLUSIONS.—^An owner or operator may not 
enroll in the conservation reserve under this subsection— 
"(i) any wetland, or land on a floodplain, that 
is, or is adjacent to, a perennial riverine system wet-
land identified on the final national wetland inventory 
map of the Secretary of the Interior; or 
"(ii) in the case of an area that is not covered 
by the final national inventory map, any wetland, or 
land on a floodplain, that is adjacent to a perennial 
stream identified on a 1-24,000 scale map of the United 
States Geological Survey. 
"(C) PROGRAM LIMITATIONS.— 
"(i) IN GENERAL.—^The Secretary may enroll in the 
conservation reserve under this subsection— 
"(I) not more than 500,000 acres in all States 
referred to in paragraph (1); and 
"(II) not more than 150,000 acres in any one 
State referred to in paragraph (1). 
"(ii) RELATIONSHIP TO PROGRAM MAXIMUM.—Sub-
ject to clause (iii), for the purposes of subsection (d), 
any acreage enrolled in the conservation reserve under 
this subsection shall be considered acres maintained 
in the conservation reserve. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-77 
"(iii) RELATIONSHIP TO OTHER ENROLLED ACRE-
AGE.—^Acreage enrolled under this subsection shall not 
affect for any fiscal year the quantity of— 
"(I) acreage enrolled to establish conservation 
buffers as part of the program announced on 
March 24, 1998 (63 Fed. Reg. 14109); or 
"(II) acreage enrolled into the conservation 
reserve enhancement program announced on May 
27, 1998 (63 Fed. Reg. 28965). 
"(D) OWNER OR OPERATOR LIMITATIONS.— 
"(i) WETLAND.—The maximum size of any wetland 
described in subparagraph (A)(i) of an owner or opera-
tor enrolled in the conservation reserve under this 
subsection shall be 5 contiguous acres. 
"(ii) BUFFER ACREAGE.—^The maximum size of any 
buffer acreage described in subparagraph (A)(ii) of an 
owner or operator enrolled in the conservation reserve 
under this subsection shall be the greater o
f
— 
"(I) three times the size of any wetland 
described in subparagraph (A)(i) to which the 
buffer acreage is contiguous; or 
"(II) 150 feet on either side of the wetland. 
"(iii) TRACTS.—The maximum size of any eligible 
acreage described in subparagraph (A) in a tract (as 
determined by the Secretary) of an owner or operator 
enrolled in the conservation reserve under this sub-
section shall be 40 acres. 
"(4) DUTIES OF OWNERS AND OPERATORS.—^Under a contract 
entered into under this subsection, during the term of the 
contract, an owner or operator of a farm or ranch must agree— 
"(A) to restore the hydrology of the wetland within 
the eligible acreage to the maximum extent practicable, 
as determined by the Secretary; 
"(B) to establish vegetative cover on the eligible acre-
age, as determined by the Secretary; and 
"(C) to carry out other duties described in section 1232. 
"(5) DUTIES OF THE SECRETARY.— 
"(A) IN GENERAL.—Except as provided in subpara-
graphs (B) and (C), in return for a contract entered into 
by an owner or operator under this subsection, the Sec-
retary shall make payments and provide assistance to the 
owner or operator in accordance with sections 1233 and 
1234. 
"(B) CONTINUOUS SIGNUP.—The Secretary shall use 
continuous signup under section 1234(c)(2)(B) to determine 
the acceptability of contract offers and the amount of rental 
payments under this subsection. 
"(C) INCENTIVES.—^The amounts payable to owners and 
operators in the form of rental payments under contracts 
entered into under this subsection shall reflect incentives 
that are provided to owners and operators to enroll 
filterstrips in the conservation reserve under section 1234.". 
SEC. 1103. INCIDENTAL GRAZING. 
Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 
U.S.C. 3832(a)(7)(A)) is amended— 
(1) by striking "occurs during" and 
114 STAT. 1549A-78 
PUBLIC LAW 106-387—APPENDIX 
inserting "occurs— 
"(I) in the case of land other than ehgible 
acreage enrolled under section 1231(h), during"; 
and 
(2) by adding at the end the following: 
"(II) in the case of eligible acreage enrolled 
under section 1231(h), at any time other than dur-
ing the period beginning May 1 and ending August 
1 of each year for a reduction in rental payment 
commensurate with the limited economic value of 
such incidental grazing; and". 
SEC. 1104. STUDY OF IMPACT OF PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Agriculture shall conduct 
a study of the impact of the pilot program established under section 
1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) (as 
added by section 1102(a)) on— 
(1) enrollment of owners and operators in— 
(A) the conservation reserve program established under 
subchapter B of chapter 1 of subtitle D of title XII of 
that Act (16 U.S.C. 3831 et seq.); 
(B) the wetlands reserve program established under 
subchapter C of chapter 1 of subtitle D of title XII of 
that Act (16 U.S.C. 3837 et seq.); and 
(C) other Federal and State conservation programs; 
(2) tj^es of environmentally sensitive acreage that have 
not been enrolled in the wetlands reserve program; and 
(3) conservation of soil, water, and related 
natural 
resources, including grazing land, wetland, and wildlife habitat. 
(b) REPORTS.—^Not later than March 1, 2003, the Secretary 
shall submit to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report on the results of the study. 
SEC. 1105. REGULATIONS. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment of this Act, the Secretary of Agriculture shall promulgate 
such regulations as are necessary to implement the amendments 
made by this Act. 
(b) PROCEDURE.—^The promulgation of the regulations and 
administration of the amendments made by this Act shall be made 
without regard to— 
(1) the notice and comment provisions of section 553 of 
title 5, United States Code; 
(2) the Statement of Policy of the Secretary of Agriculture 
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices 
of proposed rulemaking and public participation in rulemaking; 
and 
(3) chapter 35 of title 44, United States Code (commonly 
known as the "Paperwork Reduction Act"). 
(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carry-
ing out this section, the Secretary shall use the authority provided 
under section 808 of title 5, United States Code. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-79 
TITLE XII—HASS AVOCADO PROMOTION, RESEARCH, AND 
INFORMATION 
SEC. 1201. SHORT TITLE. 
This title may be cited as the "Hass Avocado Promotion, 
Research, and Information Act of 2000". 
SEC. 1202. FINDINGS AND DECLARATION OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) Hass avocados are an integral food source in the United 
States that are a valuable and healthy part of the human 
diet and are enjoyed by millions of persons every year for 
a multitude of everyday and special occasions. 
(2) Hass avocados are a significant tree fruit crop grown 
by many individual producers, but virtually all domestically 
produced Hass avocados for the commercial market are grown 
in the State of California. 
(3) Hass avocados move in interstate and foreign commerce, 
and Hass avocados that do not move in interstate or foreign 
channels of commerce but only in intrastate commerce directly 
affect interstate commerce in Hass avocados. 
(4) In recent years, large quantities of Hass avocados have 
been imported into the United States from other countries. 
(5) The maintenance and expansion of markets in existence 
on the date of enactment of this title, and the development 
of new or improved markets or uses for Hass avocados are 
needed to preserve and strengthen the economic viability of 
the domestic Hass avocado industry for the benefit of producers 
and other persons associated with the producing, marketing, 
processing, and consuming of Hass avocados. 
(6) An effective and coordinated program of promotion, 
research, industry information, and consumer 
information 
regarding Hass avocados is necessary for the maintenance, 
expansion, and development of domestic markets for Hass 
avocados. 
(b) PURPOSE.—It is the purpose of this title to authorize the 
establishment, through the exercise of the powers provided in this 
title, of an orderly procedure for the development and financing 
(through an adequate assessment on Hass avocados sold by produc-
ers and importers in the United States) of an effective and coordi-
nated program of promotion, research, industry information, and 
consumer information, including funds for marketing and market 
research activities, that is designed to— 
(1) strengthen the position of the Hass avocado industry 
in the domestic marketplace; and 
(2) maintain, develop, and expand markets and uses for 
Hass avocados in the domestic marketplace. 
(c) LIMITATION.—^Nothing in this title may be construed to 
provide for the control of production or otherwise limit the right 
of any person to produce, handle, or import Hass avocados. 
SEC. 1203. DEFINITIONS. 
As used in this title: 
(1) BOARD.—^The terms "Avocado Board" and "Board" mean 
the Hass Avocado Board established under section 1205. 
(2) CONFLICT OF INTEREST.—The term "conflict of interest" 
means a situation in which a member or employee of the 
114 STAT. 1549A-80 
PUBLIC LAW 106-387—APPENDIX 
Board has a direct or indirect financial interest in a person 
that performs a service for, or enters into a contract with, 
the Board for anything of economic value. 
(3) 
CONSUMER 
INFORMATION.—^The 
term 
"consumer 
information" means any action or program that provides 
information to consumers and other persons on the use, nutri-
tional attributes, and other information that will assist consum-
ers and other persons in making evaluations and decisions 
regarding the purchase, preparation, and use of Hass avocados. 
(4) CUSTOMS.—The term "Customs" means the United 
States Customs Service. 
(5) DEPARTMENT.—The term "Department" means the 
United States Department of Agriculture. 
(6) HASS AVOCADO.— 
(A) IN GENERAL.—The term "Hass avocado" includes— 
(i) the fruit of any Hass variety avocado tree; and 
(ii) any other type of avocado fruit that the Board, 
with the approval of the Secretary, determines is so 
similar to the Hass variety avocado as to be indistin-
guishable to consumers in fresh form. 
(B) FORM OF FRUIT.—Except as provided in subpara-
graph (C), the term includes avocado fruit described in 
subparagraph (A) whether in fresh, frozen, or any other 
processed form. 
(C) EXCEPTIONS.—In any case in which a handler fur-
ther processes avocados described in subparagraph (A), 
or products of such avocados, for sale to a retailer, the 
Board, with the approval of the Secretary, may determine 
that such further processed products do not constitute a 
substantial value of the product and that, based on its 
determination, the product shall not be treated as a product 
of Hass avocados subject to assessment under the order. 
In addition, the Board, with the approval of the Secretary, 
may exempt certain frozen avocado products from assess-
ment under the order. 
(7) HANDLER.— 
(A) FIRST HANDLER.—^The term "first handler" means 
a person operating in the Hass avocados marketing system 
that sells domestic or imported Hass avocados for United 
States domestic consumption, and who is responsible for 
remitting assessments to the Board. The term includes 
an importer or producer who sells directly to consumers 
Hass avocados that the importer or producer has imported 
into the United States or produced, respectively. 
(B) EXEMPT HANDLER.—^The term "exempt handler" 
means a person who would otherwise be considered a first 
handler, except that all avocados purchased by the person 
have already been subject to the assessment under section 
1205(h). 
(8) IMPORTER.—^The term "importer" means any person who 
imports Hass avocados into the United States. 
(9) INDUSTRY INFORMATION.—The term "industry informa-
tion" means information and programs that are designed to 
increase efficiency in processing, enhance the development of 
new markets and marketing strategies, increase marketing effi-
ciency, and activities to enhance the image of Hass avocados 
£md the Hass avocado industry domestically. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-81 
(10) ORDER.—The term "order" means the Hass avocado 
promotion, research, and information order issued under this 
title. 
(11) PERSON.—The term "person" means any individual, 
group of individuals, firm, partnership, corporation, joint stock 
company, association, cooperative, or other legal entity. 
(12) PRODUCER.—The term "producer" means any person 
who— 
(A) is engaged in the domestic production of Hass 
avocados for commercial use; and 
(B) owns, or shares the ownership and risk of loss, 
of such Hass avocados. 
(13) PROMOTION.—The term "promotion" means any action 
to advance the image, desirability, or marketability of Hass 
avocados, including paid advertising, sales promotion, and 
publicity, in order to improve the competitive position and 
stimulate sales of Hass avocados in the domestic marketplace. 
(14) RESEARCH.—The term "research" means any type of 
test, study, or analysis relating to market research, market 
development, and marketing efforts, or relating to the use, 
quality, or nutritional value of Hass avocados, other related 
food science research, or research designed to advance the 
image, desirability, and marketability of Hass avocados. 
(15) SECRETARY.—The term "Secretary" means the Sec-
retary of Agriculture. 
(16) STATE.—The term "State" means each of the several 
States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the United States Virgin Islands, 
Guam, American Samoa, the Republic of the Marshall Islands, 
and the Federated States of Micronesia. 
(17) UNITED STATES.—^The term "United States" means the 
United States collectively. 
SEC. 1204. ISSUANCE OF ORDERS. 
(a) IN GENERAL.— 
(1) ISSUANCE.—To effectuate the policy of this title specified 
in section 1202(b), the Secretary, subject to the procedures 
provided in subsection (b), shall issue orders under this title 
applicable to producers, importers, and first handlers of Hass 
avocados. 
(2) SCOPE.—^Any order shall be national in scope. 
(3) ONE ORDER.—Not more than one order shall be in 
effect at any one time. 
(b) PROCEDURES.— 
(1) PROPOSAL FOR AN ORDER.—^An existing organization 
of avocado producers established pursuant to a State statute, 
or any other person who will be affected by this title, may 
request the issuance of, and submit a proposal for an order. 
(2) PUBLICATION OF PROPOSAL.—The Secretary shall publish 
a proposed order and give notice and opportunity for public 
comment on the proposed order not later than 60 days after 
receipt by the Secretary of a proposal for an order from an 
existing organization of avocado producers established pursuant 
to a State statute, as provided in paragraph (1). 
(3) ISSUANCE OF ORDER.— 
114 STAT. 1549A-82 
PUBLIC LAW 106-387—APPENDIX 
(A) IN GENERAL.—^After notice and opportunity for pub-
lic comment are provided in accordance with paragraph 
(2), the Secretary shall issue the order, taking into consider-
ation the comments received and including in the order 
such provisions as are necessary to ensure that the order 
is in conformity with this title. 
(B) EFFECTIVE DATE.—^The order shall be issued and 
become effective only after an affirmative vote in a referen-
dum as provided in section 1206, but not later than 180 
days after publication of the proposed order. 
(c) AMENDMENTS.—The Secretary, from time to time, may 
amend an order. The provisions of this title applicable to an order 
shall be applicable to any amendment to an order. 
SEC. 1205. REQUIRED TERMS IN ORDERS. 
(a) IN GENERAL.—^An order shall contain the terms and provi-
sions specified in this section. 
(b) HASS AVOCADO BOARD.— 
(1) ESTABLISHMENT AND MEMBERSHIP.— 
(A) ESTABLISHMENT.—The order shall provide for the 
establishment of a Hass Avocado Board, consisting of 12 
members, to administer the order. 
(B) MEMBERSHIP.— 
(i) APPOINTMENT.—^The order shall provide that 
members of the Board shall be appointed by the Sec-
retary from nominations submitted as provided in this 
subsection. 
(ii) COMPOSITION.—The Board shall consist of 
participating domestic producers and importers. 
(C) SPECIAL DEFINITION OF IMPORTER.—In this sub-
section, the term "importer" means a person who is involved 
in, as a substantial activity, the importation, sale, and 
marketing of Hass avocados in the United States (either 
directly or as an agent, broker, or consignee of any person 
or nation that produces or handles Hass avocados outside 
the United States for sale in the United States), and who 
is subject to assessments under the order. 
(2) DISTRIBUTION OF APPOINTMENTS.— 
(A) IN GENERAL.—The order shall provide that the 
membership of the Board shall consist of the following: 
(i) Seven members who are domestic producers 
of Hass avocados and are subject to assessments under 
the order. 
(ii) Two members who represent importers of Hass 
avocados and are subject to assessments under the 
order. 
(iii) Three members who are domestic producers 
of Hass avocados and are subject to assessments under 
the order, or are importers of Hass avocados and are 
subject to assessments under the order, to reflect the 
proportion of domestic production and imports supply-
ing the United States market, which shall be based 
on the Secretary's determination of the average volume 
of domestic production of Hass avocados proportionate 
to the average volume of imports of Hass avocados 
in the United States over the previous 3 years. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-83 
(B) ADJUSTMENT IN BOARD REPRESENTATION.—Three 
years after the assessment of Hass avocados commences 
pursuant to an order, and at the end of each 3-year period 
thereafter, the Avocado Board shall adjust the proportion 
of producer representatives to importer representatives on 
the Board under subparagraph (A)(iii) on the basis of the 
amount of assessments collected from producers and 
importers over the immediately preceding 3-year period. 
Any adjustment under this subparagraph shall be subject 
to the review and approval of the Secretary. 
(3) NOMINATION PROCESS.—The order shall provide that— 
(A) two nominees shall be submitted for each appoint-
ment to the Board; 
(B) nominations for each appointment of a producer 
or an importer shall be made by domestic producers or 
importers, respectively— 
(i) in the case of producers, through an election 
process which utilizes existing organizations of avocado 
producers established pursuant to a State statute, with 
approval by the Secretary; and 
(ii) in the case of importers, nominations are 
submitted by importers under such procedures as the 
Secretary determines appropriate; and 
(C) in any case in which producers or importers fail 
to nominate individuals for an appointment to the Board, 
the Secretary may appoint an individual to fill the vacancy 
on a basis provided in the order or other regulations of 
the Secretary. 
(4) ALTERNATES.—The order shall provide for the selection 
of alternate members of the Board by the Secretary in accord-
ance with procedures specified in the order. 
(5) TERMS.—^The order shall provide that— 
(A) each term of appointment to the Board shall be 
for 3 years, except that, of the initial appointments, four 
of the appointments shall be for 2-year terms, four of 
the appointments shall be for 3-year terms, and four of 
the appointments shall be for 4-year terms; and 
(B) no member of the Board may serve more than 
2 consecutive terms of 3 years, except that any member 
serving an initial term of 4 years may serve an additional 
term of 3 years. 
(6) REPLACEMENT.— 
(A) DISQUALIFICATION 
FROM 
BOARD 
SERVICE.—The 
order shall provide that if a member or alternate of the 
Board who was appointed as a domestic producer or 
importer ceases to belong to the group for which such 
member was appointed, such member or alternate shall 
be disqualified from serving on the Board. 
(B) MANNER OF FILLING VACANCY.—^A vacancy arising 
as a result of disqualification or any other reason before 
the expiration of the term of office of an incumbent member 
or alternate of the Board shall be filled in a manner pro-
vided in the order. 
(7) COMPENSATION.—^The order shall provide that members 
and alternates of the Board shall serve without compensation, 
but shall be reimbursed for the reasonable expenses incurred 
in performing duties as members or alternates of the Board. 
79-194 O - 00 - 29 : QL 3 Part 2 
114 STAT. 1549A-84 
PUBLIC LAW 106-387—APPENDIX 
(c) GENERAL RESPONSIBILITIES OF THE AVOCADO BOARD.—^The 
order shall define the general responsibilities of the Avocado Board, 
which shall include the responsibility to— 
(1) administer the order in accordance with the terms and 
provisions of the order; 
(2) meet, organize, and select from among the members 
of the Board a chairperson, other officers, and committees and 
subcommittees, as the Board determines to be appropriate; 
(3) recommend to the Secretary rules and regulations to 
effectuate the terms and provisions of the order; 
(4) employ such persons as the Board determines are nec-
essary, and set the compensation and define the duties of 
the persons; 
(5)(A) develop budgets for the implementation of the order 
and submit the budgets to the Secretary for approval under 
subsection (d); and 
(B) propose and develop (or receive and evaluate), approve, 
and submit to the Secretary for approval under subsection 
(d) plans or projects for Hass avocado promotion, industry 
information, consumer information, or related research; 
(6)(A) implement plans and projects for Hass avocado pro-
motion, industry information, consumer information, or related 
research, as provided in subsection (d); or 
(B) contract or enter into agreements with appropriate 
persons to implement the plans and projects, as provided in 
subsection (e), and pay the costs of the implementation, or 
contracts and agreement, with funds received under the order; 
(7) evaluate on-going and completed plans and projects 
for Hass avocado promotion, industry information, consumer 
information, or related research and comply with the independ-
ent evaluation provisions of the Commodity 
Promotion, 
Research, and Information Act of 1996 (subtitle B of title V 
of Public Law 104-127; 7 U.S.C. 7401 et seq.); 
(8) receive, investigate, and report to the Secretary com-
plaints of violations of the order; 
(9) recommend to the Secretary amendments to the order; 
(10) invest, pending disbursement under a plan or project, 
funds collected through assessments authorized under this title 
only in— 
(A) obligations of the United States or any agency 
of the tJnited States; 
(B) general obligations of any State or any political 
subdivision of a State; 
(C) any interest-bearing account or certificate of deposit 
of a bank that is a member of the Federal Reserve System; 
or 
(D) obligations fully guaranteed as to principal and 
interest by the United States, except that income from 
any such invested funds may be used only for a purpose 
for which the invested funds may be used; 
(11) borrow funds necessary for the startup expenses of 
the order; and 
(12) provide the Secretary such information as the Sec-
retary may require. 
(d) BUDGETS; PLANS AND PROJECTS.— 
(1) SUBMISSION OF BUDGETS.—^The order shall require the 
Board to submit to the Secretary for approval budgets, on 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-85 
a fiscal year basis, of the anticipated expenses and disburse-
ments of the Board in the implementation of the order, includ-
ing the projected costs of Hass avocado promotion, industry 
information, consumer information, and related research plans 
and projects. 
(2) PLANS AND PROJECTS.— 
(A) 
PROMOTION AND CONSUMER INFORMATION.—^The 
order shall provide— 
(i) for the establishment, implementation, adminis-
tration, and evaluation of appropriate plans and 
projects for advertising, sales promotion, other pro-
motion, and consumer information with respect to Hass 
avocados, and for the disbursement of necessary funds 
for the purposes described in this clause; and 
(ii) that any plan or project referred to in clause 
(i) shall be directed toward increasing the general 
demand for Hass avocados in the domestic market-
place. 
(B) INDUSTRY INFORMATION.—The order shall provide 
for the establishment, implementation, administration, and 
evaluation of appropriate plans and projects that will lead 
to the development of new markets, maintain and expand 
existing markets, lead to the development of new marketing 
strategies, or increase the efficiency of the Hass avocado 
industry, and activities to enhance the image of the Hass 
avocado industry, and for the disbursement of necessary 
funds for the purposes described in this subparagraph. 
(C) RESEARCH.—^The order shall provide for— 
(i) the establishment, implementation, administra-
tion, and evaluation of plans and projects for market 
development research, research with respect to the 
sale, distribution, marketing, use, quality, or nutri-
tional value of Hass avocados, and other research with 
respect to Hass avocado marketing, promotion, indus-
try information or consumer information; 
(ii) the dissemination of the information acquired 
through the plans and projects; and 
(iii) the disbursement of such funds as are nec-
essary to carry out this subparagraph. 
(D) SUBMISSION TO SECRETARY.—The order shall pro-
vide that the Board shall submit to the Secretary for 
approval a proposed plan or project for Hass avocados 
promotion, industry information, consumer information, or 
related research, as described in subparagraphs (A), (B), 
and (C). 
(3) APPROVAL BY SECRETARY.—^A budget, plan, or project 
for Hass avocados promotion, industry information, consumer 
information, or related research may not be implemented prior 
to approval of the budget, plan, or project by the Secretary. 
Not later than 45 days after receipt of such a budget, plan, 
or project, the Secretary shall notify the Board whether the 
Secretary approves or disapproves the budget, plan, or project. 
If the Secretary fails to provide such notice before the end 
of the 45-day period, the budget, plan, or project shall be 
deemed to be approved and may be implemented by the Board. 
(e) CONTRACTS AND AGREEMENTS.— 
114 STAT. 1549A-86 
PUBLIC LAW 106-387—APPENDIX 
(1) 
PROMOTION, 
CONSUMER 
INFORMATION, 
INDUSTRY 
INFORMATION AND RELATED RESEARCH PLANS AND PROJECTS.— 
(A) IN GENERAL.—^To ensure the efficient use of funds, 
the order shall provide that the Board, with the approval 
of the Secretary, shall enter into a contract or an agreement 
with an avocado organization established by State statute 
in a State with the majority of Hass avocado production 
in the United States, for the implementation of a plan 
or project for promotion, industry information, consumer 
information, or related research with respect to Hass 
avocados, and for the pa5anent of the cost of the contract 
or agreement with funds received by the Board under the 
order. 
(B) REQUIREMENTS.—^The order shall provide that any 
contract or agreement entered into under this paragraph 
shall provide that— 
(i) the contracting or agreeing party shall develop 
and submit to the Board a plan or project, together 
with a budget that includes the estimated costs to 
be incurred for the plan or project; 
(ii) the plan or project shall become effective on 
the approval of the Secretary; and 
(iii) the contracting party or agreeing party shall— 
(I) keep accurate records of all transactions 
of the party; 
(II) account for funds received and expended; 
(III) make periodic reports to the Board of 
activities conducted; and 
(IV) make such other reports as the Board 
or the Secretary shall require. 
(2) OTHER CONTRACTS AND AGREEMENTS.—^The order shall 
provide that the Board, with the approval of the Secretary, 
may enter into a contract or agreement for administrative 
services. Any contract or agreement entered into under this 
paragraph shall include provisions comparable to the provisions 
described in paragraph (1)(B). 
(f) BOOKS AND RECORDS OF BOARD.— 
(1) IN GENERAL.—The order shall require the Board to— 
(A) maintain such books and records (which shall be 
available to the Secretary for inspection and audit) as 
the Secretary may require; 
(B) prepare and submit to the Secretary, from time 
to time, such reports as the Secretary may require; and 
(C) account for the receipt and disbursement of all 
the funds entrusted to the Board, including all assessment 
funds disbursed by the Board to a State organization of 
avocado producers established pursuant to State law. 
(2) AUDITS.—^The Board shall cause the books and records 
of the Board to be audited by an independent auditor at the 
end of each fiscal year. A report of each audit shall be submitted 
to the Secretary. 
(g) CONTROL OF ADMINISTRATIVE COSTS.— 
(1) SYSTEM OF COST CONTROLS.—^The order shall provide 
that the Board shall, as soon as practicable after the order 
becomes effective and after consultation with the Secretary 
and other appropriate persons, implement a system of cost 
controls based on normally accepted business practices that— 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-87 
(A) will ensure that the costs incurred by the Board 
in administering the order in any fiscal year shall not 
exceed 10 percent of the projected level of assessments 
to be collected by the Board for that fiscal year; and 
(B) cover the minimum administrative activities and 
personnel needed to properly administer and enforce the 
order, and conduct, supervise, and evaluate plans and 
projects under the order. 
(2) 
USE OF EXISTING PERSONNEL AND FACILITIES.—^The 
Board shall use, to the extent possible, the resources, staffs, 
and facilities of existing organizations, as provided in subsection 
(e)(1)(A). 
(h) ASSESSMENTS.— 
(1) AUTHORITY.— 
(A) IN GENERAL.—^The order shall provide that each 
first handler shall remit to the Board, in the manner pro-
vided in the order, an assessment collected from the pro-
ducer, except to the extent that the sale is excluded from 
assessments under paragraph (6). In the case of imports, 
the assessment shall be levied upon imports and remitted 
to the Board by Customs. 
(B) PUBLISHED LISTS.—To facilitate the payment of 
assessments under this paragraph, the Board shall publish 
lists of first handlers required to remit assessments under 
the order and exempt handlers. 
(C) MAKING DETERMINATIONS.— 
(i) FIRST HANDLER STATUS.—^The order shall con-
tain provisions regarding the determination of the sta-
tus of a person as a first handler or exempt handler. 
(ii) PRODUCER-HANDLERS.—^For purposes of para-
graph (3), a producer-handler shall be considered the 
first handler of those Hass avocados that are produced 
by that producer-handler and packed by that producer-
handler for sale at wholesale or retail. 
(iii) IMPORTERS.—The assessment on imported 
Hass avocados shall be paid by the importer to Cus-
toms at the time of entry into the United States and 
shall be remitted by Customs to the Board. Importation 
occurs when Hass avocados originating outside the 
United States are released from custody of Customs 
and introduced into the stream of commerce within 
the United States. Importers include persons who hold 
title to foreign-produced Hass avocados immediately 
upon release by Customs, as well as any persons who 
act on behalf of others, as agents, brokers, or con-
signees, to secure the release of Hass avocados from 
Customs and the introduction of the released Hass 
avocados into the current of commerce. 
(2) ASSESSMENT RATES.—^With respect to assessment rates, 
the order shall contain the following terms: 
(A) INITIAL RATE.—The rate of assessment on Hass 
avocados shall be $.025 per pound on fresh avocados or 
the equivalent rate for processed avocados on which an 
assessment has not been paid. 
(B) CHANGES IN THE RATE.— 
(i) IN GENERAL.—Once the order in is effect, the 
uniform assessment rate may be increased or decreased 
114 STAT. 1549A-88 
PUBLIC LAW 106-387—APPENDIX 
not more than once annually, but in no event shall 
the rate of assessment be in excess of $.05 per pound. 
(ii) REQUIREMENTS.—^Any change in the rate of 
assessment under this subparagraph— 
(I) may be made only if adopted by the Board 
by an affirmative vote of at least seven members 
of the Board and approved by the Secretary as 
necessary to achieve the objectives of this title 
(after public notice and opportunity for comment 
in accordance with section 553 of title 5, United 
States Code, and without regard to sections 556 
and 557 of such title); 
(II) shall be announced by the Board not less 
than 30 days prior to going into effect; and 
(III) shall not be subject to a vote in a referen-
dum conducted under section 1206. 
(3) COLLECTION BY FIRST HANDLERS.—Except as provided 
in paragraph (l)(C)(iii), the first handler of Hass avocados 
shall be responsible for the collection of assessments from the 
producer under this subsection. As part of the collection of 
assessments, the first handler shall maintain a separate record 
of the Hass avocados of each producer whose Hass avocados 
are so handled, including the Hass avocados produced by the 
first handler. 
(4) TIMING OF SUBMITTING ASSESSMENTS.—The order shall 
provide that each person required to remit assessments under 
this subsection shall remit to the Board the assessment due 
from each sale of Hass avocados that is subject to an assessment 
within such time period after the sale (not to exceed 60 days 
after the end of the month in which the sale took place) as 
is specified in the order. 
(5) 
CLAIMING AN EXEMPTION FROM COLLECTING ASSESS-
MENTS.—To claim an exemption under section 1203(6) as an 
exempt handler for a particular fiscal year, a person shall 
submit an application to the Board— 
(A) stating the basis for such exemption; and 
(B) certifying such person will not purchase Hass 
avocados in the United States on which an assessment 
has not been paid for the current fiscal year. 
(6) EXCLUSION.—^An order shall exclude from assessments 
under the order any sale of Hass avocados for export from 
the United States. 
(7) USE OF ASSESSMENT FUNDS.—The order shall provide 
that assessment funds shall be used for pa5nnent of costs 
incurred in implementing and administering the order, with 
provision for a reasonable reserve, and to cover the administra-
tive costs incurred by the Secretary in implementing and 
administering this title, including any expenses incurred by 
the Secretary in conducting referenda under this title, subject 
to subsection (i). 
(8) ASSESSMENT FUNDS FOR STATE ASSOCL\TION.—The order 
shall provide that a State organization of avocado producers 
established pursuant to State law shall receive an amount 
equal to the product obtained by multiplying the aggregate 
amount of assessments attributable to the pounds of Hass 
avocados produced in such State by 85 percent. The State 
organization shall use such funds and any proceeds from the 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-89 
investment of such funds for financing domestic promotion, 
research, consumer information, and industry information plans 
and projects, except that no such funds shall be used for the 
administrative expenses of such State organization. 
(9) ASSESSMENT FUNDS FOR IMPORTERS ASSOCIATIONS.— 
(A) IN GENERAL.—^The order shall provide that any 
importers association shall receive a credit described in 
subparagraph (B) if such association is— 
(i) established pursuant to State law that requires 
detailed State regulation comparable to that applicable 
to the State organization of United States avocado 
producers, as determined by the Secretary; or 
(ii) certified by the Secretary as meeting the 
requirements applicable to the Board as to budgets, 
plans, projects, audits, conflicts of interest, 
and 
reimbursements for administrative costs incurred by 
the Secretary. 
(B) CREDIT.—^An importers association described in 
subparagraph (A) shall receive 85 percent of the assess-
ments paid on Hass avocados imported by the members 
of such association. 
(C) USE OF FUNDS.— 
(i) IN GENERAL.—Importers associations described 
in subparagraph (A) shall use the funds described in 
subparagraph (B) and proceeds from the investment 
of such funds for financing promotion, research, con-
sumer information, and industry information plans and 
projects in the United States. 
(ii) 
ADMINISTRATIVE 
EXPENSES.—No 
funds 
described in subparagraph (C) shall be used for the 
administrative expenses of such importers association. 
(i) REIMBURSEMENT OF SECRETARY EXPENSES.—The order shall 
provide for reimbursing the Secretary— 
(1) for expenses not to exceed $25,000 incurred by the 
. 
Secretary in connection with any referendum conducted under 
section 1206; 
(2) for administrative costs incurred by the Secretary for 
supervisory work of up to two employee years annually after 
an order or amendment to any order has been issued and 
made effective; and 
(3) for costs incurred by the Secretary in implementation 
of the order issued under section 1204, for enforcement of 
the title and the order, for subsequent referenda conducted 
under section 1206, and in defending the Board in litigation 
arising out of action taken by the Board. 
(j) 
PROHIBITION 
ON 
BRAND 
ADVERTISING 
AND 
CERTAIN 
CLAIMS.— 
(1) PROHIBITIONS.—Except as provided in paragraph (2), 
a program or project conducted under this title shall not— 
(A) make any reference to private brand names; 
(B) make false, misleading, or disparaging claims on 
behalf of Hass avocados; or 
(C) make false, misleading, or disparaging statements 
with respect to the attributes or use of any competing 
products. 
(2) EXCEPTIONS.—Paragraph (1) does not preclude the 
Board from offering its programs and projects for use by 
114 STAT. 1549A-90 
PUBLIC LAW 106-387—APPENDIX 
commercial parties, under such terms and conditions as the 
Board may prescribe as approved by the Secretary. For the 
purposes of this subsection, a reference to State of origin does 
not constitute a reference to a private brand name with regard 
to any funds credited to, or disbursed by the Board to, a 
State organization of avocado producers estabHshed pursuant 
to State law. Furthermore, for the purposes of this section, 
a reference to either State of origin or country of origin does 
not constitute a reference to a private brand name with regard 
to any funds credited to, or disbursed by the Board to, any 
importers association established or certified in accordance with 
subsection (h)(9)(A). 
(k) PROHIBITION ON USE OF FUNDS TO INFLUENCE GOVERN-
MENTAL ACTION.— 
(1) IN GENERAL.—^Except as otherwise provided in para-
graph (2), the order shall prohibit any funds collected by the 
Board under the order from being used in any manner for 
the purpose of influencing legislation or government action 
or policy. 
(2) EXCEPTION.—Paragraph (1) shall not apply to the 
development or recommendation of amendments to the order. 
(1) PROHIBITION OF CONFLICT OF INTEREST.—^The Board may 
not engage in, and shall prohibit the employees and agents of 
the Board from engaging in, any action that would be a conflict 
of interest. 
(m) BOOKS AND RECORDS; REPORTS.— 
(1) IN GENERAL.—The order shall provide that each first 
handler, producer, and importer subject to the order shall main-
tain, and make available for inspection, such books and records 
as are required by the order and file reports at the time, 
in the manner, and having the content required by the order, 
to the end that such information is made available to the 
Secretary gmd the Board as is appropriate for the administra-
tion or enforcement of this title, the order, or any regulation 
issued under this title. 
(2) CONFIDENTIALITY REQUIREMENT.— 
(A) IN GENERAL.—Information obtained from books, 
records, or reports under paragraph (1) shall be kept con-
fidential by all officers and employees of the Department 
of Agriculture and by the staff and agents of the Board. 
(B) SUITS AND HEARINGS.—Information described in 
subparagraph (A) may be disclosed to the public only— 
(i) in a suit or administrative hearing brought 
at the request of the Secretary, or to which the Sec-
retary or any officer of the United States is a party, 
involving the order; and 
(ii) to the extent the Secretary considers the 
information relevant to the suit or hearing. 
(C) GENERAL STATEMENTS AND PUBLICATIONS.—Noth-
ing in this paragraph may be construed to prohibit— 
(i) the issuance of general statements, based on 
the reports, of the number of persons subject to the 
order or statistical data collected from the reports, 
if the statements do not identify the information fur-
nished by any person; or 
(ii) the publication, by direction of the Secretary, 
of the name of any person who violates the order. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-91 
together with a statement of the particular provisions 
of the order violated by the person. 
(3) LISTS OF IMPORTERS.— 
(A) REVIEW.—The order shall provide that the staff 
of the Board shall periodically review lists of importers 
of Hass avocados to determine whether persons on the 
lists are subject to the order. 
(B) CUSTOMS SERVICE.—On the request of the Secretary 
or the Board, the Commissioner of the United States Cus-
toms Service shall provide to the Secretary or the Board 
lists of importers of Hass avocados. 
(n) CONSULTATIONS WITH INDUSTRY EXPERTS.— 
(1) IN GENERAL.—The order shall provide that the Board 
may seek advice from and consult with experts from the produc-
tion, import, wholesale, and retail segments of the Hass avocado 
industry to assist in the development of promotion, industry 
information, consumer information, and related research plans 
and projects. 
(2) SPECIAL COMMITTEES.— 
(A) IN GENERAL.—For the purposes described in para-
graph (1), the order shall authorize the appointment of 
special committees composed of persons other than Board 
members. 
(B) CONSULTATION.—^A committee appointed under 
subparagraph (A) shall consult directly with the Board. 
(o) OTHER TERMS OF THE ORDER.—The order shall contain 
such other terms and provisions, consistent with this title, as are 
necessary to carry out this title (including provision for the assess-
ment of interest and a charge for each late pa3mient of assessments 
under subsection (h)). 
SEC. 1206. REFERENDA. 
(a) REQUIREMENTS FOR INITL^L REFERENDUM.— 
(1) REFERENDUM REQUIRED.—During the 60-day period 
immediately preceding the proposed effective date of an order 
issued under section 1204(b)(3), the Secretary shall conduct 
a referendum among producers and importers required to pay 
assessments under the order, as provided in section 1205(h)(1). 
(2) APPROVAL OF ORDER NEEDED.—The order shall become 
effective only if the Secretary determines that the order has 
been approved by a simple majority of all votes cast in the 
referendum. 
(b) VOTES PERMITTED.— 
(1) IN GENERAL.—^Each producer and importer eligible to 
vote in a referendum conducted under this section shall be 
entitled to cast one vote if they satisfy the eligibility require-
ments as defined in paragraph (2). 
(2) ELIGIBILITY.—For purposes of paragraph (1), producers 
and importers, as these terms are defined in section 1203, 
shall be considered to be eligible to vote if they have been 
producers or importers with sales of Hass avocados during 
a period of at least 1 year prior to the referendum. 
(c) MANNER OF CONDUCTING REFERENDA.— 
(1) IN GENERAL.—Referenda conducted pursuant to this 
title shall be conducted in a manner determined by the Sec-
retary. 
114 STAT. 1549A-92 
PUBLIC LAW 106-387—APPENDIX 
(2) ADVANCE REGISTRATION.—^A producer or importer of 
Hass avocados who chooses to vote in any referendum conducted 
under this title shall register with the Secretary prior to the 
voting period, after receiving notice from the Secretary concern-
ing the referendum under paragraph (4). 
(3) VOTING.—A producer or importer of Hass avocados who 
chooses to vote in any referendum conducted under this title 
shall vote in accordance with procedures established by the 
Secretary. The ballots and other information or reports that 
reveal or tend to reveal the identity or vote of voters shall 
be strictly confidential. 
(4) NOTICE.—^The Secretary shall notify all producers and 
importers at least 30 days prior to the referendum conducted 
under this title. The notice shall explain the procedure estab-
lished under this subsection. 
(d) SUBSEQUENT REFERENDA.—If an order is approved in a 
referendum conducted under subsection (a), effective beginning on 
the date that is 3 years after the date of the approval, the 
Secretary— 
(1) at the discretion of the Secretary, may conduct at any 
time a referendum of producers and importers required to 
pay assessments under the order, as provided in section 
1205(hXl), subject to the voting requirements of subsections 
(b) and (c), to ascertain whether eligible producers and import-
ers favor suspension, termination, or continuance of the order; 
or 
(2) shall conduct a referendum of eligible producers and 
importers if requested by the Board or by a representative 
group comprising 30 percent or more of all producers and 
importers required to pay assessments under the order, as 
provided in section 1205(h)(1), subject to the voting require-
ments of subsections (b) and (c), to ascertain whether producers 
Eind importers favor suspension, termination, or continuance 
of the order. 
(e) SUSPENSION OR TERMINATION.—If, as a result of a referen-
dum conducted under subsection (d), the Secretary determines that 
suspension or termination of the order is favored by a simple 
majority of all votes cast in the referendum, the Secretary shall— 
(1) not later than 180 days after the referendum, suspend 
or terminate, as appropriate, collection of assessments under 
the order; and 
(2) suspend or terminate, as appropriate, activities under 
the order as soon as practicable and in an orderly manner. 
SEC. 1207. PETITION AND REVIEW. 
(a) PETITION AND HEARING.— 
(1) PETITION.—A person subject to an order may file with 
the Secretary a petition— 
(A) stating that the order, any provision of the order, 
or any obligation imposed in connection with the order 
is not in accordance with law; and 
(B) requesting a modification of the order or an exemp-
tion from the order. 
(2) HEARING.—^The petitioner shall be given the opportunity 
for a hearing on a petition filed under paragraph (1), in accord-
ance with regulations issued by the Secretary. Any such hearing 
shall be conducted in accordance with section 1209(b)(2) and 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-93 
be held within the United States judicial district in which 
the residence or principal place of business of the person is 
located. 
(3) RULING.—^After a hearing under paragraph (2), the Sec-
retary shall make a ruling on the petition, which shall be 
final if in accordance with law. 
(4) LIMITATION.—Any petition filed under this subsection 
challenging an order, any provision of the order, or any obliga-
tion imposed in connection with the order, shall be filed within 
2 years after the effective date of the order, provision, or obliga-
tion subject to challenge in the petition. 
(b) REVIEW.— 
(1) COMMENCEMENT OF ACTION.—The district courts of the 
United States in any district in which a person who is a 
petitioner under subsection (a) resides or conducts business 
shall have jurisdiction to review the ruling of the Secretary 
on the petition of the person, if a complaint requesting the 
review is filed no later than 20 days after the date of the 
entry of the ruling by the Secretary. 
(2) PROCESS.—Service of process in proceedings under this 
subsection shall be conducted in accordance with the Federal 
Rules of Civil Procedure. 
(3) REMAND.—If the court in a proceeding under this sub-
section determines that the ruling of the Secretary on the 
petition of the person is not in accordance with law, the court 
shall remand the matter to the Secretary with directions— 
(A) to make such ruling as the court shall determine 
to be in accordance with law; or 
(B) to take such further action as, in the opinion the 
court, the law requires. 
(c) ENFORCEMENT.—The pendency of proceedings instituted 
under this section shall not impede, hinder, or delay the Attorney 
General or the Secretary from obtaining relief rnider section 1208. 
SEC. 1208. ENFORCEMENT. 
(a) JURISDICTION.—A district court of the United States shall 
have jurisdiction to enforce, and to prevent and restrain any person 
from violating, this title or an order or regulation issued by the 
Secretary under this title. 
(b) REFERRAL TO ATTORNEY GENERAL.—^A civil action brought 
under subsection (a) shall be referred to the Attorney General 
for appropriate action, except that the Secretary is not required 
to refer to the Attorney General a violation of this title, or an 
order or regulation issued under this title, if the Secretary believes 
that the administration and enforcement of this title would be 
adequately served by administrative action under subsection (c) 
or suitable written notice or warning to the person who committed 
or is committing the violation. 
(c) CIVIL PENALTIES AND ORDERS.— 
(1) CIVIL PENALTIES.— 
(A) IN GENERAL.—^A person who violates a provision 
of this title, or an order or regulation issued by the Sec-
retary under this title, or who fails or refuses to pay, 
collect, or remit any assessment or fee required of the 
person under £in order or regulation issued under this 
title, may be assessed by the Secretary— 
114 STAT. 1549A-94 
PUBLIC LAW 106-387—APPENDIX 
(i) a civil penedty of not less than $1,000 nor more 
than $10,000 for each violation; and 
(ii) in the case of a willful failure to remit an 
assessment as required by an order or regulation, an 
additional penalty equal to the amount of the assess-
ment. 
(B) SEPARATE OFFENSES.—^Each violation shall be a 
separate offense. 
(2) CEASE AND DESIST ORDERS.—In addition to or in lieu 
of a civil penalty under paragraph (1), the Secretary may issue 
an order requiring a person to cease and desist from continuing 
a violation of this title, or an order or regulation issued under 
this title. 
(3) NOTICE AND HEARING.—No penalty shall be assessed, 
or cease and desist order issued, by the Secretary under this 
subsection unless the Secretary gives the person against whom 
the penalty is assessed or the order is issued notice and oppor-
tunity for a hearing before the Secretary with respect to the 
violation. Any such hearing shall be conducted in accordance 
with section 1209(b)(2) and shall be held within the United 
* 
States judicial district in which the residence or principal place 
of business of the person is located. 
(4) FINALITY.—The penalty assessed or cease and desist 
order issued under this subsection shall be final and conclusive 
unless the person against whom the penalty is assessed or 
the order is issued files an appeal with the appropriate district 
court of the United States in accordance with subsection (d). 
(d) REVIEW BY DISTRICT COURT.— 
(1) COMMENCEMENT OF ACTION.— 
(A) IN GENERAL.—^Any person against whom a violation 
is found and a civil penalty is assessed or a cease and 
desist order is issued under subsection (c) may obtain 
review of the penalty or order by, within the 30-day period 
beginning on the date the penalty is assessed or the order 
is issued— 
(i) filing a notice of appeal in the district court 
of the United States for the district in which the person 
resides or conducts business, or in the United States 
District Court for the District of Columbia; and 
(ii) sending a copy of the notice by certified mail 
to the Secretary. 
(B) COPY OF RECORD.—The Secretary shall promptly 
file in the court a certified copy of the record on which 
the Secretary found that the person had committed a viola-
tion. 
(2) STANDARD OF REVIEW.—^A finding of the Secretary shall 
be set aside under this subsection only if the finding is found 
to be unsupported by substantial evidence. 
(e) FAILURE TO OBEY AN ORDER.— 
(1) IN GENERAL.—^A person who fails to obey a cease and 
desist order issued under subsection (c) after the order has 
become final and unappealable, or after the appropriate United 
States district court had entered a final judgment in favor 
of the Secretary of not more than $10,000 for each offense, 
after opportunity for a hearing and for judicial review under 
the procedures specified in subsections (c) and (d). 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-95 
(2) SEPARATE VIOLATIONS.—Each day during which the per-
son fails to obey an order described in paragraph (1) shall 
be considered as a separate violation of the order. 
(f) FAILURE TO PAY A PENALTY.— 
(1) IN GENERAL.—If a person fails to pay a civil penalty 
assessed under subsection (c) or (e) after the penalty has become 
final and unappealable, or after the appropriate United States 
district court has entered final judgment in favor of the Sec-
retary, the Secretary shall refer the matter to the Attorney 
Greneral for recovery of the amount assessed in any United 
States district court in which the person resides or conducts 
business. 
(2) SCOPE OF REVIEW.—In an action by the Attorney Gen-
eral under paragraph (1), the validity and appropriateness of 
a civil penalty shall not be subject to review. 
(g) ADDITIONAL REMEDIES.—The remedies provided in this title 
shall be in addition to, and not exclusive of, other remedies that 
may be available. 
SEC. 1209. INVESTIGATIONS AND POWER TO SUBPOENA. 
(a) INVESTIGATIONS.—The Secretary may conduct such inves-
tigations as the Secretary considers necessary for the effective 
administration of this title, or to determine whether any person 
has engaged or is engaging in any act that constitutes a violation 
of this title or any order or regulation issued under this title. 
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— 
(1) INVESTIGATIONS.—^For the purpose of conducting an 
investigation under subsection (a), the Secretary may admin-
ister oaths and affirmations, subpoena witnesses, compel the 
attendance of witnesses, take evidence, and require the produc-
tion of any records that are relevant to the inquiry. The produc-
tion of the records may be required from any place in the 
United States. 
(2) 
ADMINISTRATIVE HEARINGS.—For the 
purpose of 
an 
administrative 
hearing held under section 
1207(a)(2) or 
1208(cX3), the presiding officer may administer oaths and 
affirmations, subpoena witnesses, compel the attendance of wit-
nesses, take evidence, and require the production of any records 
that are relevant to the inquiry. The attendance of witnesses 
and the production of the records may be required from any 
place in the United States. 
(c) AID OF COURTS.— 
(1) IN GENERAL.—In the case of contumacy by, or refusal 
to obey a subpoena issued under subsection (b) to, any person, 
the Secretary may invoke the aid of any court of the United 
States within the jurisdiction of which the investigation or 
proceeding is conducted, or where the person resides or conducts 
business, in order to enforce a subpoena issued under subsection 
(b). 
(2) ORDER.—^The court may issue an order requiring the 
person referred to in paragraph (1) to comply with a subpoena 
referred to in paragraph (1). 
(3) FAILURE TO OBEY.—^Any failure to obey the order of 
the court may be punished by the court as a contempt of 
court. 
(4) PROCESS.—Process in any proceeding imder this sub-
section may be served in the United States judicial district 
x 
114 STAT. 1549A-96 
PUBLIC LAW 106-387—APPENDIX 
in which the person being proceeded against resides or conducts 
business, or wherever the person may be found. 
SEC. 1210. CONFIDENTIALITY. 
(a) PROHIBITION.—No information regarding names of voters 
or how a person voted in a referendum conducted under this title 
shall be made public. 
(b) PENALTY.—^Any person who knowingly violates subsection 
(a) or the confidentiality terms of an order, as described in section 
1205(m)(2), shall be subject to a fine of not less that $1,000 nor 
more than $10,000 or to imprisonment for not more than 1 year, 
or both. If the person is an officer or employee of the Department 
of Agriculture or the Board, the person shall be removed from 
office. 
(c) ADDITIONAL PROHIBITION.—^No information obtained under 
this title may be made available to any agency or officer of the 
Federal Government for any purpose other than the implementation 
of this title or an investigatory or enforcement action necessary 
for the implementation of this title. 
(d) WITHHOLDING INFORMATION FROM CONGRESS PROHIBITED.— 
Nothing in this title shall be construed to authorize the withholding 
of information from Congress. 
SEC. 1211. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE 
ORDER. 
(a) GROUNDS FOR SUSPENSION OR TERMINATION.—If the Sec-
retary finds that an order, or any provision of the order, obstructs 
or does not tend to effectuate the policy of this title specified 
in section 1202(b), the Secretary shall terminate or suspend the 
operation of the order or provision under such terms as the Sec-
retary determines are appropriate. 
(b) EFFECT OF LACK OF APPROVAL OF ORDER.—If, as a result 
of a referendum, the Secretary determines that the order is not 
approved, the Secretary shall, within 180 days after making the 
determination, suspend, or terminate, as appropriate, collection of 
assessments under the order, and suspend or terminate, as appro-
priate, activities under the order in an orderly manner as soon 
as possible. 
SEC. 1212. RULES OF CONSTRUCTION. 
(a) TERMINATION OR SUSPENSION NOT AN ORDER.—The termi-
nation or suspension of an order, or a provision of an order, shall 
not be considered an order under the meaning of this title. 
(b) RIGHTS.—This title— 
(1) may not be construed to provide for control of production 
or otherwise limit the right of individual Hass avocado growers, 
handlers and importers to produce, handle, or import Hass 
avocados; and 
(2) shall be construed to treat all persons producing, hsm-
dling, and importing Hass avocados fairly and to implement 
any order in an equitable manner. 
(c) OTHER PROGRAMS.—Nothing in this title may be construed 
to preempt or supersede any other program relating to Hass avocado 
promotion, research, industry information, and consumer informa-
tion organized and operated under the laws of the United States 
or of a State. 
PUBLIC LAW 106-387—APPENDIX 
114 STAT. 1549A-97 
SEC. 1213. REGULATIONS. 
The Secretary may issue such regulations as are necessary 
to carry out this title and the powers vested in the Secretary 
by this title, including regulations relating to the assessment of 
late payment charges and interest. 
SEC. 1214. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated for 
each fiscal year such sums as are necessary to carry out this 
title. 
(b) ADMINISTRATIVE EXPENSES.—Funds appropriated under sub-
section (a) may not be used for the payment of the expenses or 
expenditures of the Board in administering a provision of an order. 
TITLE XIII—DEBT REDUCTION 
DEPARTMENT OF THE TREASURY 
BUREAU OF THE PUBLIC DEBT 
GIFTS TO T H E U N I T E D STATES FOR REDUCTION OF THE PUBLIC DEBT 
For deposit of an additional amount for fiscal year 2001 into 
the account established under section 3113(d) of title 31, United 
States Code, to reduce the public debt, $5,000,000,000. 
This Act may be cited as the "Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 2001".