[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4461 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 20, 2000.
Resolved, That the bill from the House of Representatives (H.R.
4461) entitled ``An Act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2001, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
DIVISION A
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
programs for the fiscal year ending September 30, 2001, and for other
purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $27,914,000, of which, $25,000,000, to remain available until
expended, shall be available only for the development and
implementation of a common computing environment: Provided, That not to
exceed $11,000 of this amount shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary: Provided further, That the funds made available for
the development and implementation of a common computing environment
shall only be available upon prior notice to the Committee on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated or otherwise made available by this Act may
be used to pay the salaries and expenses of personnel of the Department
of Agriculture to carry out section 793(c)(1)(C) of Public Law 104-127:
Provided further, That none of the funds made available by this Act may
be used to enforce section 793(d) of Public Law 104-127.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),
and including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $5,000 is for employment under 5 U.S.C. 3109, $7,462,000.
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $12,421,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $5,000 is for employment under 5 U.S.C. 3109, $6,765,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $10,000 is for employment under 5 U.S.C. 3109, $10,046,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $10,000 is for employment under 5 U.S.C. 3109, $5,171,000:
Provided, That the Chief Financial Officer shall actively market cross-
servicing activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this
Act, $629,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for the operation,
maintenance, improvement, and repair of Agriculture buildings,
$182,747,000, to remain available until expended: Provided, That in the
event an agency within the Department should require modification of
space needs, the Secretary of Agriculture may transfer a share of that
agency's appropriation made available by this Act to this
appropriation, or may transfer a share of this appropriation to that
agency's appropriation, but such transfers shall not exceed 5 percent
of the funds made available for space rental and related costs to or
from this account.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9601, et seq., and the Resource Conservation
and Recovery Act, 42 U.S.C. 6901, et seq., $15,700,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $36,840,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration and disaster management of
the Department, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and necessary for the
practical and efficient work of the Department, including employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), of which not to exceed $10,000 is for employment
under 5 U.S.C. 3109: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558.
outreach for socially disadvantaged farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,568,000: Provided, That no
other funds appropriated to the Department by this Act shall be
available to the Department for support of activities of congressional
relations: Provided further, That not less than $2,202,000 shall be
transferred to agencies funded by this Act to maintain personnel at the
agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the
dissemination of agricultural information, and the coordination of
information, work, and programs authorized by Congress in the
Department, $8,873,000, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
of which not to exceed $10,000 shall be available for employment under
5 U.S.C. 3109, and not to exceed $2,000,000 may be used for farmers'
bulletins.
Office of the Inspector General
(including transfers of funds)
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, $66,867,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including not to exceed $50,000 for employment under 5 U.S.C.
3109; and including not to exceed $125,000 for certain confidential
operational expenses, including the payment of informants, to be
expended under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$31,080,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$556,000.
Economic Research Service
(including transfer of funds)
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$67,038,000: Provided, That $1,500,000 shall be transferred to and
merged with the appropriation for ``Food and Nutrition Service, Food
Program Administration'' for studies and evaluations: Provided further,
That not more than $500,000 of the amount transferred under the
preceding proviso shall be available to conduct, not later than 180
days after the date of enactment of this Act, a study, based on all
available administrative data and onsite inspections conducted by the
Secretary of Agriculture of local food stamp offices in each State, of
(1) any problems that households with eligible children have
experienced in obtaining food stamps, and (2) reasons for the decline
in participation in the food stamp program, and to report the results
of the study to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate: Provided further, That this appropriation shall
be available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture, as
authorized by 7 U.S.C. 1621-1627, Public Law 105-113, and other laws,
$100,615,000, of which up to $15,000,000 shall be available until
expended for the Census of Agriculture: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $40,000 shall be available for employment under 5
U.S.C. 3109.
Agricultural Research Service
salaries and expenses
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $871,593,000: Provided, That appropriations hereunder shall
be available for temporary employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not
to exceed $115,000 shall be available for employment under 5 U.S.C.
3109: Provided further, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but 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 appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center, including an easement to the University
of Maryland to construct the Transgenic Animal Facility which upon
completion shall be accepted by the Secretary as a gift: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by law.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing
of tobacco or tobacco products.
In fiscal year 2001, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account, and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $56,330,000,
to remain available until expended (7 U.S.C. 2209b): Provided, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing any
research facility of the Agricultural Research Service, as authorized
by law.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $180,545,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry
research (16 U.S.C. 582a-a7); $30,676,000 for payments to the 1890
land-grant colleges, including Tuskegee University (7 U.S.C. 3222), of
which $1,000,000 shall be made available to West Virginia State College
in Institute, West Virginia; $64,157,000 for special grants for
agricultural research (7 U.S.C. 450i(c)); $13,721,000 for special
grants for agricultural research on improved pest control (7 U.S.C.
450i(c)); $118,700,000 for competitive research grants (7 U.S.C.
450i(b)); $5,109,000 for the support of animal health and disease
programs (7 U.S.C. 3195); $750,000 for supplemental and alternative
crops and products (7 U.S.C. 3319d); $650,000 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), to remain available until expended; $1,000,000 for the 1994
research program (7 U.S.C. 301 note), to remain available until
expended; $3,000,000 for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), to remain available until expended (7 U.S.C.
2209b); $4,350,000 for higher education challenge grants (7 U.S.C.
3152(b)(1)); $1,000,000 for a higher education multicultural scholars
program (7 U.S.C. 3152(b)(5)), to remain available until expended (7
U.S.C. 2209b); $3,500,000 for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241); $3,000,000 for a program of
noncompetitive grants, to be awarded on an equal basis, to Alaska
Native-serving and Native Hawaiian-serving Institutions to carry out
higher education programs (7 U.S.C. 3242); $1,000,000 for a secondary
agriculture education program and 2-year post-secondary education (7
U.S.C. 3152(h)); $4,000,000 for aquaculture grants (7 U.S.C. 3322);
$9,500,000 for sustainable agriculture research and education (7 U.S.C.
5811); $9,500,000 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, to remain available until expended (7 U.S.C. 2209b);
$1,552,000 for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382; and $16,402,000 for necessary expenses
of Research and Education Activities, of which not to exceed $100,000
shall be for employment under 5 U.S.C. 3109; in all, $494,044,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing
of tobacco or tobacco products: Provided, That this paragraph shall not
apply to research on the medical, biotechnological, food, and
industrial uses of tobacco.
native american institutions endowment fund
For the Native American institutions endowment fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $7,100,000: Provided, That
hereafter, any distribution of the adjusted income from the Native
American institutions endowment fund is authorized to be used for
facility renovation, repair, construction, and maintenance, in addition
to other authorized purposes.
extension activities
Payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa:
For 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 cooperative extension agents and State extension directors,
$276,548,000; payments for extension work at the 1994 Institutions
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,500,000; payments
for the nutrition and family education program for low-income areas
under section 3(d) of the Act, $58,695,000; payments for the pest
management program under section 3(d) of the Act, $10,783,000; payments
for the farm safety program under section 3(d) of the Act, $4,100,000;
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), $12,400,000, to
remain available until expended; payments for the rural development
centers under section 3(d) of the Act, $908,000; payments for youth-at-
risk programs under section 3(d) of the Act, $9,000,000; payments for
carrying out the provisions of the Renewable Resources Extension Act of
1978, $3,192,000; payments for Indian reservation agents under section
3(d) of the Act, $2,500,000; payments for sustainable agriculture
programs under section 3(d) of the Act, $4,000,000; payments for rural
health and safety education as authorized by section 2390 of Public Law
101-624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments for
cooperative extension work by the colleges receiving the benefits of
the second Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee
University, $26,843,000, of which $1,000,000 shall be made available to
West Virginia State College in Institute, West Virginia; and for the
Oregon State University Agriculture Extension Service, $176,000 for the
Food Electronically and Effectively Distributed (FEED) website
demonstration project; 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, $12,283,000; in all,
$427,380,000: Provided, That funds hereby appropriated pursuant to
section 3(c) of the Act of June 26, 1953, and section 506 of the Act of
June 23, 1972, shall not be paid to any State, the District of
Columbia, Puerto Rico, Guam, or the Virgin Islands, Micronesia,
Northern Marianas, and American Samoa prior to availability of an equal
sum from non-Federal sources for expenditure during the current fiscal
year.
integrated activities
For the integrated research, education, and extension competitive
grants programs, including necessary administrative expenses,
$43,365,000, 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, $5,824,000; payments
for crops affected by the Food Quality Protection Act implementation,
$2,000,000; and payments for the methyl bromide transition program,
$3,000,000, as authorized under section 406 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service; the Agricultural Marketing Service; and the Grain
Inspection, Packers and Stockyards Administration, $635,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under the Act
of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the
environment, as authorized by law, $458,149,000, 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: Provided, That no
funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
this appropriation shall be available for the operation and maintenance
of aircraft and the purchase of not to exceed four, of which two shall
be for replacement only: Provided further, That, in addition, in
emergencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations of
the Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with the Act of February 28, 1947, and section
102 of the Act of September 21, 1944, and any unexpended balances of
funds transferred for such emergency purposes in the preceding fiscal
year shall be merged with such transferred amounts: Provided further,
That appropriations hereunder shall be available pursuant to 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
less than $1,000,000 of the funds available under this heading made
available for wildlife services methods development, the Secretary of
Agriculture shall conduct pilot projects in no less than four States
representative 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 General
Accounting Office shall report to the Committee on Appropriations by
November 30, 2001, on the Department's compliance with this provision
and on the effectiveness of the non-lethal measures.
In fiscal year 2001, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be credited to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
2001, $87,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $9,870,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administration
and coordination of payments to States, including field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225) and not to exceed $90,000 for employment under 5
U.S.C. 3109, $64,696,000, including funds for the wholesale market
development program for the design and development of wholesale and
farmer market facilities for the major metropolitan areas of the
country: Provided, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building: Provided further, That $639,000 may be
transferred to the Expenses and Refunds, Inspection and Grading of Farm
Products fund account for the cost of the National Organic Production
Program and that 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 obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committee on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $13,438,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,200,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain
under the Agricultural Marketing Act of 1946, including field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 for
employment under 5 U.S.C. 3109, $27,269,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing service expenses
Not to exceed $42,557,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committee on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $460,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, $678,011,000, of which no less than
$578,544,000 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 this appropriation
shall not be available for shell egg surveillance under section 5(d) of
the Egg Products Inspection Act (21 U.S.C. 1034(d)): Provided further,
That this appropriation shall be available for field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $589,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$828,385,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to
and merged with this account: Provided further, That these funds shall
be available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$1,000,000 shall be available for employment under 5 U.S.C. 3109.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987 (7 U.S.C. 5101-5106), $3,000,000.
dairy indemnity program
(including transfers of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government,
and in making indemnity payments for milk, or cows producing such milk,
at a fair market value to any dairy farmer who is directed to remove
his milk from commercial markets because of: (1) the presence of
products of nuclear radiation or fallout if such contamination is not
due to the fault of the farmer; or (2) residues of chemicals or toxic
substances not included under the first sentence of the Act of August
13, 1968 (7 U.S.C. 450j), if such chemicals or toxic substances were
not used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer, $450,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That none of the funds contained
in this Act shall be used to make indemnity payments to any farmer
whose milk was removed from commercial markets as a result of the
farmer's willful failure to follow procedures prescribed by the Federal
Government: Provided further, That this amount shall be transferred to
the Commodity Credit Corporation: Provided further, That the Secretary
is authorized to utilize the services, facilities, and authorities of
the Commodity Credit Corporation for the purpose of making dairy
indemnity disbursements.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $559,373,000, of which $431,373,000 shall be for
guaranteed loans; operating loans, $2,397,842,000, of which
$1,697,842,000 shall be for unsubsidized guaranteed loans and
$200,000,000 shall be for subsidized guaranteed loans; Indian tribe
land acquisition loans as authorized by 25 U.S.C. 488, $1,028,000; for
emergency insured loans, $25,000,000 to meet the needs resulting from
natural disasters; and for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $15,986,000, of which
$2,200,000 shall be for guaranteed loans; operating loans, $84,680,000,
of which $23,260,000 shall be for unsubsidized guaranteed loans and
$16,320,000 shall be for subsidized guaranteed loans; Indian tribe land
acquisition loans as authorized by 25 U.S.C. 488, $166,000; and for
emergency insured loans, $6,133,000 to meet the needs resulting from
natural disasters.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $269,454,000, of which
$265,315,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs with the prior
approval of the Committee on Appropriations of both Houses of Congress.
Risk Management Agency
For administrative and operating expenses, as authorized by the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933),
$65,597,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act, such sums as may be necessary, to remain available until
expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
reimbursement for net realized losses
For fiscal year 2001, such sums as may be necessary to reimburse
the Commodity Credit Corporation for net realized losses sustained, but
not previously reimbursed, pursuant to section 2 of the Act of August
17, 1961 (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 2001, the Commodity Credit Corporation shall not
expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act, 42 U.S.C. 9607(g), and
section 6001 of the Resource Conservation and Recovery Act, 42 U.S.C.
6961.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural
Resources Conservation Service, $711,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$714,116,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,990,000 is for snow survey and water forecasting
and not less than $9,975,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for construction and improvement
of buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal
land, that the right to use such land is obtained as provided in 7
U.S.C. 2250a: Provided further, That this appropriation shall be
available for technical assistance and related expenses to carry out
programs authorized by section 202(c) of title II of the Colorado River
Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided
further, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That qualified local
engineers may be temporarily employed at per diem rates to perform the
technical planning work of the Service (16 U.S.C. 590e-2).
watershed surveys and planning
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1009), $10,705,000: 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
$110,000 shall be available for employment under 5 U.S.C. 3109.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing
works and changes in use of land, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1005 and 1007-1009), the provisions of the Act of April 27, 1935
(16 U.S.C. 590a-f), and in accordance with the provisions of laws
relating to the activities of the Department, $99,443,000, to remain
available until expended (7 U.S.C. 2209b) (of which up to $15,000,000
may be available for the watersheds authorized under the Flood Control
Act approved June 22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)):
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $200,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That not to exceed
$1,000,000 of this appropriation is available to carry out the purposes
of the Endangered Species Act of 1973 (Public Law 93-205), including
cooperative efforts as contemplated by that Act to relocate endangered
or threatened species to other suitable habitats as may be necessary to
expedite project construction: Provided further, That of the funds
available for Emergency Watershed Protection activities, $4,000,000
shall be available for Mississippi and Wisconsin for financial and
technical assistance for pilot rehabilitation projects of small,
upstream dams built under the Watershed and Flood Prevention Act (16
U.S.C. 1001 et seq., section 13 of the Act of December 22, 1994; Public
Law 78-534; 58 Stat. 905), and the pilot watershed program authorized
under the heading ``FLOOD PREVENTION'' of the Department of Agriculture
Appropriation Act, 1954 (Public Law 83-156; 67 Stat. 214): Provided
further, That of the funds made available for watershed and flood
prevention activities, $500,000 shall be available for a study to be
conducted by the Natural Resources Conservation Service in cooperation
with the town of Johnston, Rhode Island, on floodplain management for
the Pocasset River, Rhode Island.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the provisions of section 32(e) of title III of the Bankhead-Jones
Farm Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April
27, 1935 (16 U.S.C. 590a-f); and the Agriculture and Food Act of 1981
(16 U.S.C. 3451-3461), $36,265,000, to remain available until expended
(7 U.S.C. 2209b): Provided, That this appropriation shall be available
for employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
forestry incentives program
For necessary expenses, not otherwise provided for, to carry out
the program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $605,000.
rural community advancement program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H, 381N, and 381O of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009f), $759,284,000, to remain available
until expended, of which $53,225,000 shall be for rural community
programs described in section 381E(d)(1) of such Act; of which
$644,360,000 shall be for the rural utilities programs described in
sections 381E(d)(2), 306C(a)(2), and 306D of such Act; and of which
$61,699,000 shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided, That of
the total amount appropriated in this account, $24,000,000 shall be for
loans and grants to benefit Federally Recognized Native American
Tribes, of which (1) $1,000,000 shall be available for rural business
opportunity grants under section 306(a)(11) of that Act (7 U.S.C.
1926(a)(11)), (2) $5,000,000 shall be available for community
facilities grants for tribal college improvements under section
306(a)(19) of that Act (7 U.S.C. 1926(a)(19)), (3) $15,000,000 shall be
available for grants for drinking water and waste disposal systems
under section 306C of that Act (7 U.S.C. 1926c) to Federally Recognized
Native American Tribes that are not eligible to receive funds under any
other rural utilities program set-aside under the rural community
advancement program, and (4) $3,000,000 shall be available for rural
business enterprise grants under section 310B(c) of that Act (7 U.S.C.
1932(c)): 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, and
low-income rural communities 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 and public (including tribal) intermediary
organizations proposing to carry out a program of technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources in an amount not less than funds
provided: 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; and $2,000,000 shall be for
grants to Mississippi Delta Region counties: Provided further, That of
the amount appropriated for rural utilities programs, not to exceed
$20,000,000 shall be for water and waste disposal systems to benefit
the Colonias along the United States/Mexico borders, including grants
pursuant to section 306C of such Act; not to exceed $20,000,000 shall
be for water and waste disposal systems for rural and native villages
in Alaska pursuant to section 306D of such Act, with up to one percent
available to administer the program and up to one percent available to
improve interagency coordination; not to exceed $16,215,000 shall be
for technical assistance grants for rural waste systems pursuant to
section 306(a)(14) of such Act; and not to exceed $9,500,000 shall be
for contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water systems:
Provided further, That of the total amount appropriated, not to exceed
$42,574,650 shall be available through June 30, 2001, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones; of which $34,704,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act; and of which $8,435,000
shall be for the rural business and cooperative development programs
described in section 381E(d)(3) of such Act.
rural development salaries and expenses
(including transfers of funds)
For necessary expenses of administering Rural Development programs
as authorized by the Rural Electrification Act of 1936; the
Consolidated Farm and Rural Development Act; title V of the Housing Act
of 1949; section 1323 of the Food Security Act of 1985; the Cooperative
Marketing Act of 1926 for activities related to marketing aspects of
cooperatives, including economic research findings, authorized by the
Agricultural Marketing Act of 1946; for activities with institutions
concerning the development and operation of agricultural cooperatives;
and for cooperative agreements: $130,371,000: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $1,000,000 may be used for employment under 5 U.S.C.
3109: Provided further, That not more than $10,000 may be expended to
provide modest nonmonetary awards to non-USDA employees: Provided
further, That any balances available from prior years for the Rural
Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred
to and merged with this account.
Rural Housing Service
Rural Housing Insurance Fund Program Account
(including transfers 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: $4,300,000,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $3,200,000,000 shall be for
unsubsidized guaranteed loans; $32,396,000 for section 504 housing
repair loans; $100,000,000 for section 538 guaranteed multi-family
housing loans; $114,321,000 for section 515 rental housing; $5,152,000
for section 524 site loans; $7,503,000 for credit sales of acquired
property, of which up to $1,250,000 may be for multi-family credit
sales; and $5,000,000 for section 523 self-help housing land
development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $215,060,000, of which
$38,400,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $11,481,000; section 538 multi-family housing
guaranteed loans, $1,520,000; section 515 rental housing, $56,326,000;
multi-family credit sales of acquired property, $613,000; and section
523 self-help housing land development loans, $279,000: Provided, That
of the total amount appropriated in this paragraph, $13,832,000 shall
be available through June 30, 2001, for authorized empowerment zones
and enterprise communities and communities designated by the Secretary
of Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $409,233,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$680,000,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount, not
more than $5,900,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section 502(c)(5)(D)
of the Act, and not to exceed $10,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant to
section 502(c)(5)(C) of the Act: Provided further, That agreements
entered into or renewed during fiscal year 2001 shall be funded for a
5-year period, although the life of any such agreement may be extended
to fully utilize amounts obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be available through June 30, 2001, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
rural housing assistance grants
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$44,000,000, to remain available until expended: Provided, That of the
total amount appropriated, $5,000,000 shall be for a housing
demonstration program for agriculture, aquaculture, and seafood
processor workers: Provided further, That of the total amount
appropriated, $1,200,000 shall be available through June 30, 2001, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $28,750,000, 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 transfers 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 the Mississippi Delta Region Counties (as
defined by Public Law 100-460): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the principal
amount of direct loans of $38,256,000: Provided further, That of the
total amount appropriated, $3,216,000 shall be available through June
30, 2001, for the cost of direct loans for authorized empowerment zones
and enterprise communities and communities designated by the Secretary
of Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $3,640,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
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.
Of the funds derived from interest on the cushion of credit
payments in fiscal year 2001, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,911,000 shall not be obligated and
$3,911,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $6,000,000, of which $1,500,000 shall be available for
cooperative agreements for the appropriate technology transfer for
rural areas program: Provided, That not to exceed $1,500,000 of the
total amount appropriated shall be made available to cooperatives or
associations of cooperatives whose primary focus is to provide
assistance to small, minority producers.
Rural Utilities Service
rural electrification and telecommunications loans program account
(including transfers of funds)
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $121,500,000; 5 percent rural
telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $295,000,000; and loans made pursuant to section 306 of that
Act, rural electric, $1,700,000,000 and rural telecommunications,
$120,000,000; and $500,000,000 for Treasury rate direct electric loans.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936), as follows: cost of direct loans, $19,871,000; and
cost of municipal rate loans, $20,503,000: Provided, That
notwithstanding section 305(d)(2) of the Rural Electrification Act of
1936, borrower interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $34,716,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rural telephone bank program account
(including transfers of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 2001 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $175,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$2,590,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,000,000, which shall be transferred to and merged
with the appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning and telemedicine program
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $27,000,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas, of which not more than $3,000,000 may be used
to make grants to rural entities to promote employment of rural
residents through teleworking, including to provide employment-related
services, such as outreach to employers, training, and job placement,
and to pay expenses relating to providing high-speed communications
services, 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'' contained in section
203(b) of the Rural Electrification Act (7 U.S.C. 924(b)): Provided,
That the cost of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$570,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$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 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 $15,000,000 for the farmers' market nutrition program
within 45 days of the enactment of this Act, and an additional
$5,000,000 for the farmers' market nutrition program from any funds not
needed to maintain current caseload levels: Provided further, That
notwithstanding section 17(h)(10)(A) of such Act, up to $14,000,000
shall be available for the purposes specified in section 17(h)(10)(B),
no less than $6,000,000 of which shall be used for the development of
electronic benefit transfer systems: Provided further, That none of the
funds in this Act shall be available to pay administrative expenses of
WIC clinics except those that have an announced policy of prohibiting
smoking within the space used to carry out the program: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies unless
authorized by section 17 of such Act: Provided further, That funds made
available under this heading shall be made available for sites
participating in the special supplemental nutrition program for women,
infants, and children to determine whether a child eligible to
participate in the program has received a blood lead screening test,
using a test that is 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.), $21,221,293,000, 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 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 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: Provided further, That, of
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)), an additional amount not to exceed $7,300,000 shall be used
to purchase bison for the FDPIR and to provide a mechanism for the
purchases from Native American producers and cooperative organizations.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note); and the Emergency Food
Assistance Act of 1983, $140,300,000, to remain available through
September 30, 2002: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program.
food donations programs
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973; special assistance for the nuclear
affected islands as authorized by section 103(h)(2) of the Compacts of
Free Association Act of 1985, as amended; and section 311 of the Older
Americans Act of 1965, $141,081,000, 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 appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall
be available for employment under 5 U.S.C. 3109.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $113,424,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
public law 480 title i program account
(including transfers of funds)
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of agreements under the Agricultural Trade Development and
Assistance Act of 1954, and the Food For Progress Act of 1985,
including the cost of modifying credit arrangements under said Acts,
$114,186,000, to remain available until expended.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $1,850,000, of which $1,035,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses'', and of which $815,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
public law 480 title i ocean freight differential grants
(including transfers of funds)
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, $20,322,000, to remain available until expended, for ocean
freight differential costs for the shipment of agricultural commodities
under title I of said Act: Provided, That funds made available for the
cost of title I agreements and for title I ocean freight differential
may be used interchangeably between the two accounts with prior notice
to the Committee on Appropriations of both Houses of Congress.
public law 480 titles ii and iii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, $837,000,000, to remain available until expended, for commodities
supplied in connection with dispositions abroad under title II of said
Act.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$3,820,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $3,231,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $589,000
may be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; $1,210,796,000, 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) $292,934,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $315,143,000 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) $141,368,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $59,349,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $164,762,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $35,842,000
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) $70,589,000 shall be for other activities,
including the Office of the Commissioner; the Office of Management and
Systems; the Office of the Senior Associate Commissioner; the Office of
International and Constituent Relations; the Office of Policy,
Legislation, and Planning; and central services for these offices:
Provided further, That funds may be transferred from one specified
activity to another with the prior approval of the Committee on
Appropriations of both Houses of Congress: Provided further, That in
addition to amounts otherwise appropriated under this heading to the
Food and Drug Administration, an additional $6,000,000 shall be made
available of which $5,000,000 shall be made available for the Centers
for Food Safety and Applied Nutrition and related field activities in
the Office of Regulatory Affairs, and $1,000,000 shall be made
available to the National Center for Toxicological Research.
In addition, mammography user fees authorized by 42 U.S.C. 263(b)
may be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$31,350,000, to remain available until expended (7 U.S.C. 2209b).
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and elsewhere; and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $67,100,000, including not
to exceed $1,000 for official reception and representation expenses.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $36,800,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for fiscal year 2001 under this Act shall be available for
the purchase, in addition to those specifically provided for, of not to
exceed 389 passenger motor vehicles, of which 385 shall be for
replacement only, and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Not less than $1,500,000 of the appropriations of the
Department of Agriculture in this Act for research and service work
authorized by sections 1 and 10 of the Act of June 29, 1935 (7 U.S.C.
427, 427i; commonly known as the Bankhead-Jones Act), subtitle A of
title II and section 302 of the Act of August 14, 1946 (7 U.S.C. 1621
et seq.), and chapter 63 of title 31, United States Code, shall be
available for contracting in accordance with such Acts and chapter.
Sec. 704. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National Finance Center operations shall not exceed $2,000,000:
Provided, That no funds in this Act appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
Sec. 705. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Animal and Plant Health Inspection Service, the contingency fund to
meet emergency conditions, fruit fly program, boll weevil program, up
to 10 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;
Cooperative State Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)) and funds for the Native
American Institutions Endowment Fund; Farm Service Agency, salaries and
expenses funds made available to county committees; Foreign
Agricultural Service, middle-income country training program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural
Service.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to section 606C
of the Act of August 28, 1954 (7 U.S.C. 1766b; commonly known as the
Agricultural Act of 1954).
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 19 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the
Cooperative State Research, Education, and Extension Service shall be
available to pay full allowable indirect costs for each grant awarded
under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 712. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 2001
shall remain available until expended to cover obligations made in
fiscal year 2001 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; the
Rural Housing Insurance Fund 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; Grain
Inspection, Packers and Stockyards Administration; the Animal and Plant
Health Inspection Service; and the food safety activities of the Food
Safety and Inspection Service may use cooperative agreements to reflect
a relationship between the Agricultural Marketing Service; the Grain
Inspection, Packers and Stockyards Administration; the Animal and Plant
Health Inspection Service; or the Food Safety and Inspection Service
and a State or Cooperator to carry out agricultural marketing programs,
to carry out programs to protect the Nation's animal and plant
resources, or to carry out educational programs or special studies to
improve the safety of the Nation's food supply.
Sec. 714. Notwithstanding any other provision of law, the Secretary
of Agriculture may enter into cooperative agreements (which may provide
for the acquisition of goods or services, including personal services)
with a State, political subdivision, or agency thereof, a public or
private agency, organization, or any other person, if the Secretary
determines that the objectives of the agreement will (1) serve a mutual
interest of the parties to the agreement in carrying out the programs
administered by the Natural Resources Conservation Service; and (2) all
parties will contribute resources to the accomplishment of these
objectives.
Sec. 715. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act
of 1990.
Sec. 716. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants: Provided, That interagency funding is
authorized to carry out the purposes of the National Drought Policy
Commission.
Sec. 717. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 718. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to transmit or
otherwise make available to any non-Department of Agriculture employee
questions or responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 720. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committee
on Appropriations of both Houses of Congress.
Sec. 721. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2001, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates
a program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been denied
or restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes
any functions or activities presently performed by Federal employees;
unless the Committee 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 Committee on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 722. 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).
Sec. 725. None of the funds appropriated or otherwise made
available by this Act shall be used to carry out any commodity purchase
program that would prohibit eligibility or participation by farmer-
owned cooperatives.
Sec. 726. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel to carry out a conservation farm option program, as
authorized by section 1240M of the Food Security Act of 1985 (16 U.S.C.
3839bb).
Sec. 727. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis in 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 and Drug Administration District Office below the
operating and full-time equivalent staffing level of July 31, 1999; or
to change the Detroit District Office to a station, residence post or
similarly modified office; or to reassign residence posts assigned to
the Detroit District Office: Provided, That this section shall not
apply to Food and Drug Administration field laboratory facilities or
operations currently located in Detroit, Michigan, except that field
laboratory personnel shall be assigned to locations in the general
vicinity of Detroit, Michigan, pursuant to cooperative agreements
between the Food and Drug Administration and other laboratory
facilities associated with the State of Michigan.
Sec. 729. Hereafter, none of the funds appropriated by this Act or
any other Act may be used to:
(1) carry out the proviso under 7 U.S.C. 1622(f); or
(2) carry out 7 U.S.C. 1622(h) unless the Secretary of
Agriculture inspects and certifies agricultural processing
equipment, and imposes a fee for the inspection and
certification, in a manner that is similar to the inspection
and certification of agricultural products under that section,
as determined by the Secretary: Provided, That this provision
shall not affect the authority of the Secretary to carry out
the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the
Egg Products Inspection Act (21 U.S.C. 1031 et seq.).
Sec. 730. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to user
fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the users fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2001 appropriations Act.
Sec. 731. None of the funds appropriated or otherwise made
available by this Act shall be used to establish an Office of Community
Food Security or any similar office within the United States Department
of Agriculture without the prior approval of the Committee 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 or otherwise made
available by this Act may be used to declare excess or surplus all or
part of the lands and facilities owned by the Federal Government and
administered by the Secretary of Agriculture at Fort Reno, Oklahoma, or
to transfer or convey such lands or facilities prior to July 1, 2001,
without the specific authorization of Congress.
Sec. 734. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used for the
implementation of a Support Services Bureau or similar organization.
Sec. 735. Notwithstanding any other provision of law, for any
fiscal year, in the case of a high cost, isolated rural area of the
State of Alaska that is not connected to a road system--
(1) in the case of assistance provided by the Rural Housing
Service for single family housing under title V of the Housing
Act of 1949 (7 U.S.C. 1471 et seq.), the maximum income level
for the assistance shall be 150 percent of the average income
level in metropolitan areas of the State;
(2) in the case of community facility loans and grants
provided under paragraphs (1) and (19), respectively, of
section 306(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)) and assistance provided under programs
carried out by the Rural Utilities Service, the maximum income
level for the loans, grants, and assistance shall be 150
percent of the average income level in nonmetropolitan areas of
the State;
(3) in the case of a business and industry guaranteed loan
made under section 310B(a)(1) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(a)(1)), to the extent
permitted under that Act, the Secretary of Agriculture shall--
(A) guarantee the repayment of 90 percent of the
principal and interest due on the loan; and
(B) charge a loan origination and servicing fee in
an amount not to exceed 1 percent of the amount of the
loan; and
(4) in the case of assistance provided under the Rural
Community Development Initiative for fiscal year 2000 carried
out under the rural community advancement program established
under subtitle E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009 et seq.), the median household income level,
and the not employed rate, with respect to applicants for
assistance under the Initiative shall be scored on a community-
by-community basis.
Sec. 736. Hereafter, notwithstanding any other provision of law, no
housing or residence in a foreign country purchased by an agent or
instrumentality of the United States, for the purpose of housing the
agricultural attache, shall be sold or disposed of without the approval
of the Foreign Agricultural Service of the United States Department of
Agriculture, including property purchased using foreign currencies
generated under the Agricultural Trade Development and Assistance Act
of 1954 (Public Law 480) and used or occupied by agricultural attaches
of the Foreign Agricultural Service: Provided, That the Department of
State/Office of Foreign Buildings may sell such properties with the
concurrence of the Foreign Agricultural Service if the proceeds are
used to acquire suitable properties of appropriate size for Foreign
Agricultural Service agricultural attaches: Provided further, That the
Foreign Agricultural Service shall have the right to occupy such
residences in perpetuity with costs limited to appropriate maintenance
expenses.
Sec. 737. Hereafter, funds appropriated to the Department of
Agriculture may be used to employ individuals to perform services
outside the United States as determined by the agencies to be necessary
or appropriate for carrying out programs and activities abroad; and
such employment actions, hereafter referred to as Personal Service
Agreements (PSA), are authorized to be negotiated, the terms of the PSA
to be prescribed and work to be performed, where necessary, without
regard to such statutory provisions as related to the negotiation,
making and performance of contracts and performance of work in the
United States: Provided, That individuals employed under a PSA to
perform such services outside the United States shall not, by virtue of
such employment, be considered employees of the United States
government for purposes of any law administered by the Office of
Personnel Management: Provided further, That such individuals may be
considered employees within the meaning of the Federal Employee
Compensation Act, 5 U.S.C. 8101 et seq.: Provided further, That
Government service credit shall be accrued for the time employed under
a PSA should the individual later be hired into a permanent U.S.
Government position if their authorities so permit.
Sec. 738. None of the funds made available by this Act or any other
Act may be used to close or relocate a state Rural Development office
unless or until cost effectiveness and enhancement of program delivery
have been determined.
Sec. 739. 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 less than $25,000,000 shall be made
available to foreign countries to assist in mitigating the effects of
the Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus
or Acquired Immune Deficiency Syndrome in the
communities, and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities, particularly
individuals caring for orphaned children.
Sec. 740. Amendment to Federal Food, Drug, and Cosmetic Act. (a)
Short Title.--This section may be cited as the ``Medicine Equity and
Drug Safety Act of 2000''.
(b) Findings.--Congress makes the following findings:
(1) The cost of prescription drugs for Americans continues
to rise at an alarming rate.
(2) Millions of Americans, including medicare beneficiaries
on fixed incomes, face a daily choice between purchasing 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:
``SEC. 804. IMPORTATION OF COVERED PRODUCTS.
``(a) Regulations.--
``(1) In general.--Notwithstanding sections 301(d), 301(t),
and 801(a), the Secretary, after consultation with the United
States Trade Representative and the Commissioner of Customs,
shall promulgate regulations permitting importation into the
United States of covered products.
``(2) Limitation.--Regulations promulgated under paragraph
(1) shall--
``(A) require that safeguards are in place that
provide a reasonable assurance to the Secretary that
each covered product that is imported is safe and
effective for its intended use;
``(B) require that the pharmacist or wholesaler
importing a covered product complies with the
provisions of subsection (b); and
``(C) contain such additional safeguards as the
Secretary may specify in order to ensure the protection
of the public health of patients in the United States.
``(3) Records.--Regulations promulgated under paragraph (1)
shall require that records regarding such importation described
in subsection (b) be provided to and maintained by the
Secretary for a period of time determined to be necessary by
the Secretary.
``(b) Importation.--
``(1) In general.--The Secretary shall promulgate
regulations permitting a pharmacist or wholesaler to import
into the United States a covered product.
``(2) Regulations.--Regulations promulgated under paragraph
(1) shall require such pharmacist or wholesaler to provide
information and records to the Secretary, including--
``(A) the name and amount of the active ingredient
of the product and description of the dosage form;
``(B) the date that such product is shipped and the
quantity of such product that is shipped, points of
origin and destination for such product, the price paid
for such product, and the resale price for such
product;
``(C) documentation from the foreign seller
specifying the original source of the product and the
amount of each lot of the product originally received;
``(D) the manufacturer's lot or control number of
the product imported;
``(E) the name, address, and telephone number of
the importer, including the professional license number
of the importer, if the importer is a pharmacist or
pharmaceutical wholesaler;
``(F) for a product that is--
``(i) coming from the first foreign
recipient of the product who received such
product from the manufacturer--
``(I) documentation demonstrating
that such product came from such
recipient and was received by such
recipient from such manufacturer;
``(II) 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 such recipient;
``(III) documentation that each lot
of the initial imported shipment was
statistically sampled and tested for
authenticity and degradation by the
importer or manufacturer of such
product;
``(IV) documentation demonstrating
that a statistically valid sample of
all subsequent shipments from such
recipient was tested at an appropriate
United States laboratory for
authenticity and degradation by the
importer or manufacturer of such
product; and
``(V) 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; and
``(ii) not coming from the first foreign
recipient of the product, documentation that
each lot in all shipments offered for
importation into the United States was
statistically sampled and tested for
authenticity and degradation by the importer or
manufacturer of such product, and meets all
labeling requirements under this Act;
``(G) laboratory records, including complete data
derived from all tests necessary to assure that the
product is in compliance with established
specifications and standards; and
``(H) any other information that the Secretary
determines is necessary to ensure the protection of the
public health of patients in the United States.
``(c) Testing.--Testing referred to in subparagraphs (F) and (G) of
subsection (b)(2) shall be done by the pharmacist or wholesaler
importing such product, or the manufacturer of the product. If such
tests are conducted by the pharmacist or wholesaler, information needed
to authenticate the product being tested and confirm that the labeling
of such product complies with labeling requirements under this Act
shall be supplied by the manufacturer of such product to the pharmacist
or wholesaler, and as a condition of maintaining approval by the Food
and Drug Administration of the product, such information shall be kept
in strict confidence and used only for purposes of testing under this
Act.
``(d) Study and Report.--
``(1) Study.--The Secretary shall conduct, or contract with
an entity to conduct, a study on the imports permitted under
this section, taking into consideration the information
received under subsections (a) and (b). In conducting such
study, the Secretary or entity shall--
``(A) evaluate importers' compliance with
regulations, and the number of shipments, if any,
permitted under this section that have been determined
to be counterfeit, misbranded, or adulterated; and
``(B) consult with the United States Trade
Representative and United States Patent and Trademark
Office to evaluate the effect of importations permitted
under this Act on trade and patent rights under Federal
law.
``(2) Report.--Not later than 5 years after the effective
date of final regulations issued pursuant to this section, the
Secretary shall prepare and submit to Congress a report
containing the study described in paragraph (1).
``(e) Construction.--Nothing in this section shall be construed to
limit the statutory, regulatory, or enforcement authority of the
Secretary relating to importation of covered products, other than the
importation described in subsections (a) and (b).
``(f) Definitions.--In this section:
``(1) Covered product.--The term `covered product' means a
prescription drug under section 503(b)(1) that meets the
applicable requirements of section 505, and is approved by the
Food and Drug Administration and manufactured in a facility
identified in the approved application and is not adulterated
under section 501 or misbranded under section 502.
``(2) Pharmacist.--The term `pharmacist' means a person
licensed by a State to practice pharmacy in the United States,
including the dispensing and selling of prescription drugs.
``(3) Wholesaler.--The term `wholesaler' means a person
licensed as a wholesaler or distributor of prescription drugs
in the United States.
``(g) Conditions.--This section shall become effective only if the
Secretary of the Department of Health and Human Services certifies to
the Congress that the implementation of this section will--
``(1) pose no 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.''.
Sec. 741. Section 2111(a)(3) of the Organic Foods Production Act of
1990 (7 U.S.C. 651(a)(3)) is amended by adding after ``sulfites,''
``except in the production of wine,''.
Sec. 742. None of the funds made available by this Act may be used
to require an office of the Farm Service Agency that is using FINPACK
on May 17, 1999, for financial planning and credit analysis, to
discontinue use of FINPACK for six months from the date of enactment of
this Act.
Sec. 743. 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. 744. Sense of the Senate Regarding Preference for Assistance
for Victims of Domestic Violence. It is the sense of the Senate that
the Secretary of Agriculture, in selecting public agencies and
nonprofit organizations to provide transitional housing under section
592(c) of subtitle G of title IV of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11408a(c)), should consider preferences for
agencies and organizations that provide transitional housing for
individuals and families who are homeless as a result of domestic
violence.
Sec. 745. Natural Cheese Standard.--(a) Prohibition.--Section 401
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341) is
amended--
(1) by striking ``Whenever'' and inserting ``(a)
Whenever''; and
(2) by adding at the end the following:
``(b) The Commissioner may not use any Federal funds to amend
section 133.3 of title 21, Code of Federal Regulations (or any
corresponding similar regulation or ruling), to include dry ultra-
filtered milk or casein in the definition of the term `milk' or `nonfat
milk', as specified in the standards of identity for cheese and cheese
products published at part 133 of title 21, Code of Federal Regulations
(or any corresponding similar regulation or ruling).''.
(b) Importation Study.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study to determine--
(A) the quantity of ultra-filtered milk that is
imported annually into the United States; and
(B) the end use of that imported milk; and
(2) submit to Congress a report that describes the results
of the study.
Sec. 746. None of the funds appropriated by this Act to the United
States Department of Agriculture may be used to implement or administer
the final rule issued in docket number 97-110, at 65 Federal Register
37608-37669 until such time as the USDA completes an independent peer
review of the rule and the risk assessment underlying the rule.
Sec. 747. Dairy Export Incentive Program.--Section 153(c) of the
Food Security Act of 1985 (15 U.S.C. 713a-14(c)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5)(A) any award entered into under the program that is
canceled or voided after June 30, 1995, is made available for
reassignment under the program as long as a World Trade
Organization violation is not incurred; and
``(B) any reassignment under subparagraph (A) is not
reported as a new award when reporting the use of the
reassigned tonnage to the World Trade Organization.''.
Sec. 748. State Agricultural Mediation Programs. (a) Eligible
Person; Mediation Services.--Section 501 of the Agricultural Credit Act
of 1987 (7 U.S.C. 5101) is amended--
(1) in subsection (c), by striking paragraphs (1) and (2)
and inserting the following:
``(1) Issues covered.--
``(A) In general.--To be certified as a qualifying
State, the mediation program of the State must provide
mediation services to persons described in paragraph
(2) that are involved in agricultural loans (regardless
of whether the loans are made or guaranteed by the
Secretary or made by a third party).
``(B) Other issues.--The mediation program of a
qualifying State may provide mediation services to
persons described in paragraph (2) that are involved in
1 or more of the following issues under the
jurisdiction of the Department of Agriculture:
``(i) Wetlands determinations.
``(ii) Compliance with farm programs,
including conservation programs.
``(iii) Agricultural credit.
``(iv) Rural water loan programs.
``(v) Grazing on National Forest System
land.
``(vi) Pesticides.
``(vii) Such other issues as the Secretary
considers appropriate.
``(2) Persons eligible for mediation.--The persons referred
to in paragraph (1) include--
``(A) agricultural producers;
``(B) creditors of producers (as applicable); and
``(C) persons directly affected by actions of the
Department of Agriculture.''; and
(2) by adding at the end the following:
``(d) Definition of Mediation Services.--In this section, the term
`mediation services', with respect to mediation or a request for
mediation, may include all activities related to--
``(1) the intake and scheduling of cases;
``(2) the provision of background and selected information
regarding the mediation process;
``(3) financial advisory and counseling services (as
appropriate) performed by a person other than a State mediation
program mediator; and
``(4) the mediation session.''.
(b) Use of Mediation Grants.--Section 502(c) of the Agricultural
Credit Act of 1987 (7 U.S.C. 5102(c)) is amended--
(1) by striking ``Each'' and inserting the following:
``(1) In general.--Each''; and
(2) by adding at the end the following:
``(2) Operation and administration expenses.--For purposes
of paragraph (1), operation and administration expenses for
which a grant may be used include--
``(A) salaries;
``(B) reasonable fees and costs of mediators;
``(C) office rent and expenses, such as utilities
and equipment rental;
``(D) office supplies;
``(E) administrative costs, such as workers'
compensation, liability insurance, the employer's share
of Social Security, and necessary travel;
``(F) education and training;
``(G) security systems necessary to ensure the
confidentiality of mediation sessions and records of
mediation sessions;
``(H) costs associated with publicity and promotion
of the mediation program;
``(I) preparation of the parties for mediation; and
``(J) financial advisory and counseling services
for parties requesting mediation.''.
(c) Authorization of Appropriations.--Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking
``2000'' and inserting ``2005''.
Sec. 749. Good Faith Reliance. The Food Security Act of 1985 is
amended by inserting after section 1230 (16 U.S.C. 3830) the following:
``SEC. 1230A. GOOD FAITH RELIANCE.
``(a) In General.--Except as provided in subsection (d) and
notwithstanding any other provision of this chapter, the Secretary
shall provide equitable relief to an owner or operator that has entered
into a contract under this chapter, and that is subsequently determined
to be in violation of the contract, if the owner or operator in
attempting to comply with the terms of the contract and enrollment
requirements took actions in good faith reliance on the action or
advice of an authorized representative of the Secretary.
``(b) Types of Relief.--The Secretary shall--
``(1) to the extent the Secretary determines that an owner
or operator has been injured by good faith reliance described
in subsection (a), allow the owner or operator to do any one or
more of the following--
``(A) to retain payments received under the
contract;
``(B) to continue to receive payments under the
contract;
``(C) to keep all or part of the land covered by
the contract enrolled in the applicable program under
this chapter;
``(D) to reenroll all or part of the land covered
by the contract in the applicable program under this
chapter; or
``(E) or any other equitable relief the Secretary
deems appropriate; and
``(2) require the owner or operator to take such actions as
are necessary to remedy any failure to comply with the
contract.
``(c) Relation to Other Law.--The authority to provide relief under
this section shall be in addition to any other authority provided in
this or any other Act.
``(d) Exception.--This section shall not apply to a pattern of
conduct in which an authorized representative of the Secretary takes
actions or provides advice with respect to an owner or operator that
the representative and the owner or operator know are inconsistent with
applicable law (including regulations).
``(e) Applicability of Relief.--Relief under this section shall be
available for contracts in effect on January 1, 2000 and for all
subsequent contracts.''.
Sec. 750. Availability of Data on Imported Herbs. The Secretary of
Agriculture and the Secretary of the Treasury shall publish and
otherwise make available (including through electronic media) data
collected monthly by each Secretary on herbs imported into the United
States.
DIVISION B
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, and for other purposes, namely:
TITLE I
NATURAL DISASTER ASSISTANCE AND OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$59,400,000, to be available until September 30, 2001: Provided, That
this amount shall be used for the boll weevil eradication program for
cost share purposes or for debt retirement for active eradication
zones: Provided, That the entire amount shall be available only to the
extent an official budget request for $59,400,000, 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
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Grain Inspection, Packers and Stockyards Administration
For an additional amount for the Grain Inspection, Packers and
Stockyards Administration, $600,000 for completion of a biotechnology
reference facility: Provided, That the entire amount shall be available
only to the extent an official budget request for $600,000, 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 Congress: Provided further, That the entire amount is
designated by Congress as an emergency requirement in accordance with
section 251(b)(2)(A) of that Act.
Federal Crop Insurance Corporation Fund
For an additional amount for the Federal Crop Insurance Corporation
Fund, up to $13,000,000, to provide premium discounts to purchasers of
crop insurance reinsured by the Corporation (except for catastrophic
risk protection coverage), as authorized under section 1102(g)(2) of
the Agriculture, Rural Development, Food and Drug Administration and
Related Agencies Appropriations Act, 1999 (Public Law 105-277):
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'', to repair damages to the waterways and watersheds,
including the purchase of floodplain easements, resulting from natural
disasters, $70,000,000, to remain available until expended: Provided,
That funds shall be used for activities identified by July 18, 2000:
Provided further, That the entire amount shall be available only to the
extent an official budget request for $70,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Rural Community Advancement Program
For an additional amount for the Rural Community Advancement
Program, $50,000,000 to provide grants pursuant to the Rural Community
Facilities Grant Program for areas of extreme unemployment or economic
depression, subject to authorization: Provided, That the entire amount
shall be available only to the extent an official budget request for
$50,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined by 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 the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
For an additional amount for the Rural Community Advancement
Program, $30,000,000 to provide grants pursuant to the Rural Utility
Service Grant Program for rural communities with extremely high energy
costs, subject to authorization: Provided, That the entire amount shall
be available only to the extent an official budget request for
$30,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined by 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 the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
For an additional amount for the Rural Community Advancement
Program, $50,000,000, 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. 2009f), as
provided in 7 U.S.C. 1926(a) and 7 U.S.C. 1926C for distribution
through the national reserve for applications associated with a risk to
public heath or the environment or a natural emergency: Provided, That
of the amount provided by this paragraph, $10,000,000 may only be used
in counties which have received an emergency designation by the
President or the Secretary after January 1, 2000, for applications
responding to water shortages resulting from the designated emergency:
Provided further, That the entire amount necessary to carry out this
section shall be available only to the extent that an official budget
request for $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.
For an additional amount for the rural community advancement
program under subtitle E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009 et seq.), $50,000,000, to remain available until
expended, to provide loans under the community facility direct and
guaranteed loans program and grants under the community facilities
grant program under paragraphs (1) and (19), respectively, of section
306(a) of that Act (7 U.S.C. 1926(a)) with respect to areas in the
State of North Carolina subject to a declaration of a major disaster
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Floyd, Hurricane
Dennis, or Hurricane Irene: Provided, That the $50,000,000 shall be
available only to the extent that the President submits to Congress an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement for the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 et seq.): Provided further,
That the $50,000,000 is designated by Congress as an emergency
requirement under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
Rural Utilities Service
rural electrification and telecommunications loans program account
For additional five percent rural electrification loans pursuant to
the authority of section 305 of the Rural Electrification Act of 1936
(7 U.S.C. 935), $111,111,000.
For the additional cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of modifying
loans, of five percent rural electrification loans authorized by the
Rural Electrification Act of 1936 (7 U.S.C. 935), $1,000,000: Provided,
That the entire amount shall be available only to the extent an
official budget request for $1,000,000, 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 CHAPTER
Sec. 1101. 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 in fiscal year 2000 for technical
assistance activities performed by any agency of the Department of
Agriculture in carrying out the Conservation Reserve Program and the
Wetlands Reserve Program funded by the Commodity Credit Corporation:
Provided, That the entire amount shall be available only to the extent
an official budget request for $35,000,000, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
Sec. 1102. The paragraph under the heading ``Livestock Assistance''
in chapter 1, title I of H.R. 3425 of the 106th Congress, enacted by
section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536) is amended by
striking ``during 1999'' and inserting ``from January 1, 1999, through
February 7, 2000'': Provided, That the entire amount necessary to carry
out this section shall be available only to the extent that an official
budget request for the entire amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 1103. 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. 1104. The Secretary shall use the funds, facilities and
authorities of the Commodity Credit Corporation to make and administer
supplemental payments to dairy producers who received a payment under
section 805 of Public Law 106-78 in an amount equal to thirty-five
percent of the reduction in market value of milk production in 2000, as
determined by the Secretary, based on price estimates as of the date of
enactment of this Act, from the previous five-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 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
as the payments to dairy producers under section 805 of Public Law 106-
78: Provided further, That the Secretary shall make a determination as
to whether a dairy producer is considered a new producer for purposes
of section 805 by taking into account the number of months such
producer has operated as a dairy producer in order to calculate a
payment rate for such producer: 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. 1105. Notwithstanding any other provision of law, the
Secretary of Agriculture may use the funds, facilities and authorities
of the Commodity Credit Corporation to administer and make payments to:
(a) compensate growers whose crops could not be sold due to Mexican
fruit fly quarantines in San Diego and San Bernardino/Riverside
counties in California since their imposition on November 16, 1999, and
September 10, 1999, respectively; (b) compensate growers in relation to
the Secretary's ``Declaration of Extraordinary Emergency'' on March 2,
2000, regarding the plum pox virus; (c) compensate growers for losses
due to Pierce's disease; and (d) 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
pursuant to section 251(b)(2)(A) of such Act.
Sec. 1106. The Secretary shall use the funds, facilities and
authorities of the Commodity Credit Corporation to make and administer
supplemental payments to dairy producers who received a payment under
section 805 of Public Law 106-78 in an amount equal to 35 percent of
the reduction in market value of milk production in 2000, as determined
by the Secretary, based 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
as, the payments to dairy producers under section 805 of Public Law
106-78: Provided further, That the Secretary shall make provisions for
making payments, in addition, to new producers: Provided further, That
for any producers, including new producers, whose base production was
less than twelve months for purposes of section 805 of Public Law 106-
78, the producer's base production for the purposes of payments under
this section may be, at the producer's option, the production of that
producer in the 12 months preceding the enactment of this section or
the producer's base production under the program operated under section
805 of Public Law 106-78 subject to such limitations as apply to other
producers: Provided further, That the entire amount necessary to carry
out this section shall be available only to the extent that an official
budget request for the entire amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 1107. The Secretary shall use the funds, facilities and
authorities of the Commodity Credit Corporation in an amount equal to
$450,000,000 to make and administer payments for livestock losses using
the criteria established to carry out the 1999 Livestock Assistance
Program (except for application of the national percentage reduction
factor) to producers for 2000 losses in a county which has received an
emergency designation by the President or the Secretary after January
1, 2000, and shall be available until September 30, 2001: Provided,
That the Secretary shall give consideration to the effect of recurring
droughts in establishing the level of payments to producers under this
section: Provided further, That of the $450,000,000 amount, the
Secretary shall use not less than $5,000,000 to provide assistance for
emergency haying and feed operations in the State of Alabama: Provided
further, That of the funds made available by this section, up to
$40,000,000 may be used to carry out the Pasture Recovery Program:
Provided further, That the payments to a producer made available
through the Pasture Recovery Program shall be no less than 65 percent
of the average cost of reseeding: Provided further, That the entire
amount necessary to carry out this section shall be available only to
the extent that an official budget request for $450,000,000, 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. 1108. In using amounts made available under section 801(a) of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2000 (7 U.S.C. 1421 note; Public
Law 106-78), or under the matter under the heading ``crop loss
assistance'' under the heading ``Commodity Credit Corporation Fund'' of
H.R. 3425 of the 106th Congress, as enacted by section 1001(a)(5) of
Public Law 106-113 (113 Stat. 1536, 1501A-289), to provide emergency
financial assistance to producers on a farm that have incurred losses
in a 1999 crop due to a disaster, the Secretary of Agriculture shall
consider nursery stock losses caused by Hurricane Irene on October 16
and 17, 1999, to be losses to the 1999 crop of nursery stock: Provided,
That 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 (2 U.S.C. 900 et seq.), is
transmitted by the President to Congress: Provided further, That the
entire amount necessary to carry out this section is designated by
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of that Act (2 U.S.C. 901(b)(2)(A)).
Sec. 1109. Notwithstanding section 1237(b)(1) of the Food Security
Act of 1985 (16 U.S.C. 3837(b)(1)), the Secretary of Agriculture may
permit the enrollment of not to exceed 1,075,000 acres in the wetlands
reserve program: Provided, That notwithstanding section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i), such sums as
may be necessary, to remain available until expended, shall be provided
through the Commodity Credit Corporation in fiscal year 2000 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. 1110. In addition to other compensation paid by the Secretary
of Agriculture, the Secretary shall compensate or otherwise seek to
make whole, from funds of the Commodity Credit Corporation, not to
exceed $4,000,000, the owners of all sheep destroyed from flocks under
the Secretary's declarations of July 14, 2000 for lost income, or other
business interruption losses, due to actions of the Secretary with
respect to such sheep: Provided, That the entire amount necessary to
carry out this section shall be available only to the extent that an
official budget request for the entire amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Sec. 1111. Notwithstanding any other provision of law (including
the Federal Grants and Cooperative Agreements Act) the Secretary of
Agriculture shall use not more than $40,000,000 of Commodity Credit
Corporation funds for a cooperative program with the State of Florida
to replace commercial trees removed to control citrus canker and to
compensate for lost production: 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 under the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. et seq.), is transmitted by the President
to Congress: Provided further, That the entire amount necessary to
carry out this section is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C.
901(b)(2)(A)).
Sec. 1112. For an additional amount for the Secretary of
Agriculture to provide financial assistance to the State of South
Carolina in capitalizing the South Carolina Grain Dealers Guaranty
Fund, $2,500,000: Provided, That, these funds shall only be available
if the State of South Carolina provides an equal amount to the South
Carolina Grain Dealers Guaranty Fund: Provided further, That the entire
amount necessary to carry out this section shall be available only to
the extent that an official budget request for the entire amount, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
Sec. 1113. (a) 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 211 of
the Agricultural Risk Protection Act of 2000 (16 U.S.C. 3830 note;
Public Law 106-224) unless--
(1) the Secretary permits funds made available under
section 211(b) of the Agricultural Risk Protection Act of 2000
to be used to provide financial or technical assistance to
farmers and ranchers for the purposes described in section
211(b) of that Act; and
(2) notwithstanding section 387(c) of the Federal
Agriculture Improvement and Reform Act of 1996 (16 U.S.C.
3836a(c)), the Secretary permits funds made available under
section 211 of the Agricultural Risk Protection Act of 2000 (16
U.S.C. 3830 note; Public Law 106-224) to be used to provide
additional funding for the Wildlife Habitat Incentive Program
established under that section 387 in such sums as the
Secretary considers necessary to carry out that Program.
(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. 1114. Crop Loss Assistance. (a) In General.--The Secretary of
Agriculture shall use such sums as are necessary of funds of the
Commodity Credit Corporation (not to exceed $450,000,000) to make
emergency financial assistance available to producers on a farm that
have incurred losses in a 2000 crop due to a disaster, as determined by
the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 1102 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public
Law 105-277), including using the same loss thresholds as were used in
administering that section.
(c) Qualifying Losses.--Assistance under this section may be made
available for losses due to damaging weather or related condition
(including losses due to scab, sclerotinia, aflotoxin, and other crop
diseases) associated with crops that are, as determined by the
Secretary--
(1) quantity losses (including quantity losses as a result
of quality losses);
(2) quality losses; or
(3) severe economic losses.
(d) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops, as determined by the Secretary, due
to disasters.
(e) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(f) Livestock Indemnity Payments.--The Secretary may use such sums
as are necessary of funds made available under this section to make
livestock indemnity payments to producers on a farm that have incurred
losses during calendar year 2000 for livestock losses due to a
disaster, as determined by the Secretary.
(g) Hay Losses.--The Secretary may use such sums as are necessary
of funds made available under this section to make payments to
producers on a farm that have incurred losses of hay stock during
calendar year 2000 due to a disaster, as determined by the Secretary.
(h) Emergency Requirement.--
(1) In general.--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 (2 U.S.C. 900 et seq.), is transmitted by
the President to Congress.
(2) Designation.--The entire amount necessary to carry out
this section is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of that Act (2
U.S.C. 901(b)(2)(A)).
Sec. 1115. Specialty Crops. (a) In General.--The Secretary of
Agriculture shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make emergency financial assistance
available to producers of fruits, vegetables, and other specialty
crops, as determined by the Secretary, that incurred losses during the
1999 crop year due to a disaster, as determined by the Secretary.
(b) Qualifying Losses.--Assistance under this section may be made
available for losses due to a disaster associated with specialty crops
that are, as determined by the Secretary--
(1) quantity losses;
(2) quality losses; or
(3) severe economic losses.
(c) Eligibility.--Assistance under this section shall be applicable
to losses for all specialty crops, as determined by the Secretary, due
to disasters.
(d) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(e) Emergency Requirement.--
(1) In general.--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 (2 U.S.C. 900 et seq.), is transmitted by
the President to Congress.
(2) Designation.--The entire amount necessary to carry out
this section is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of that Act (2
U.S.C. 901(b)(2)(A)).
Sec. 1116. Notwithstanding any other provision of law, the
Secretary of Agriculture shall make a payment in the amount $7,200,000
to the State of Hawaii from the Commodity Credit Corporation for
assistance to an agricultural transportation cooperative in Hawaii, the
members of which are eligible to participate in the Farm Service Agency
administered Commodity Loan Program and have suffered extraordinary
market losses due to unprecedented low prices.
Sec. 1117. Apple Market Loss Assistance and Quality Loss Payments
for Apples and Potatoes.--(a) Apple Market Loss Assistance.--
(1) In general.--In order to provide relief for loss of
markets for apples, the Secretary of Agriculture shall use
$100,000,000 of funds of the Commodity Credit Corporation to
make payments to apple producers.
(2) Payment quantity.--
(A) In general.--Subject to subparagraph (B), the
payment quantity of apples for which the producers on a
farm are eligible for payments under this subsection
shall be equal to the average quantity of the 1994
through 1999 crops of apples produced by the producers
on the farm.
(B) Maximum quantity.--The payment quantity of
apples for which the producers on a farm are eligible
for payments under this subsection shall not exceed
1,600,000 pounds of apples produced on the farm.
(b) Quality Loss Payments for Apples and Potatoes.--In addition to
the assistance provided under subsection (a), the Secretary shall use
$60,000,000 of funds of the Commodity Credit Corporation to make
payments to apple producers, and potato producers, that suffered
quality losses to the 1999 and 2000 crop of potatoes and apples,
respectively, due to, or related to, a 1999 or 2000 hurricane,
fireblight or other weather related disaster.
(c) Nonduplication of Payments.--A producer shall be ineligible for
payments under this section with respect to a market or quality loss
for apples or potatoes to the extent that the producer is eligible for
compensation or assistance for the loss under any other Federal
program, other than the Federal crop insurance program established
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(d) Emergency Requirement.--
(1) In General.--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 (2 U.S.C. 900 et seq.) is transmitted by
the President to Congress.
(2) Designation.--The entire amount necessary to carry out
this section is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of that Act (2
U.S.C. 901(b)(2)(A)).
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For an additional amount for emergency repairs and dredging due to
the effects of drought and other conditions, $10,000,000, to remain
available until expended, which shall be available only to the extent
an official budget request for a specific dollar 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 the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
operation and maintenance, general
For an additional amount for emergency repairs and dredging due to
storm damages, $35,000,000, to remain available until expended, of
which such amounts for eligible navigation projects which may be
derived from the Harbor Maintenance Trust Fund pursuant to Public Law
99-662, shall be derived from that Fund: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
INDEPENDENT AGENCIES
Appalachian Regional Commission
For an additional amount necessary to carry out the programs
authorized by the Appalachian Regional Development Act of 1965, as
amended, $11,000,000, to remain available until expended, which shall
be available only to the extent an official budget request for
$11,000,000, 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, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for ``Management of Lands and Resources'',
$17,172,000 to remain available until expended, of which $15,687,000
shall be used to address restoration needs caused by wildland fires and
$1,485,000 shall be used for the treatment of grasshopper and Mormon
Cricket infestations on lands managed by the Bureau of Land Management:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined by such Act, is transmitted by the President to
the Congress.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', $1,500,000,
to remain available until expended, for support of the preparation and
implementation of plans, programs, or agreements, identified by the
State of Idaho, that address habitat for freshwater aquatic species on
nonfederal lands in the State voluntarily enrolled in such plans,
programs, or agreements, of which $200,000 shall be made available to
the Boise, Idaho field office to participate in the preparation and
implementation of the plans, programs or agreements, of which $300,000
shall be made available to the State of Idaho for preparation of the
plans, programs, or agreements, including data collection and other
activities associated with such preparation, and of which $1,000,000
shall be made available to the State of Idaho to fund habitat
enhancement, maintenance, or restoration projects consistent with such
plans, programs, or agreements: Provided, That the entire amount made
available is designated by the Congress as an emergency requirement
under section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
construction
For an additional amount for ``Construction'', $8,500,000, to
remain available until expended, to repair or replace buildings,
equipment, roads, bridges, and water control structures damaged by
natural disasters and conduct critical habitat restoration directly
necessitated by natural disasters: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That $3,500,000
shall be available only to the extent that an official budget request
that includes designation of the entire amount as an emergency as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
National Park Service
construction
For an additional amount for ``Construction'', $5,300,000, to
remain available until expended, to repair or replace visitor
facilities, equipment, roads and trails, and cultural sites and
artifacts at national park units damaged by natural disasters:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That $1,300,000 shall be available only to the extent that an
official budget request that includes designation of the entire amount
as an emergency as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$1,200,000, to remain available until expended, for repair of the
portions of the Yakama Nation's Signal Peak Road that have the most
severe damage: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that 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.
CHAPTER 4
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
program management
For an additional amount for ``Program Management'', $15,000,000 to
be available through September 30, 2001: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount provided 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.
CHAPTER 5
LEGISLATIVE BRANCH
JOINT ITEMS
Capitol Police Board
security enhancements
For an additional amount for costs associated with security
enhancements, as appropriated under chapter 5 of title II of division B
of the Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999 (Public Law 105-277), $11,874,000, to remain available until
expended, of which--
(1) $10,000,000 shall be for security enhancements in
connection with the initial implementation of the United States
Capitol Police master plan: Provided, That notwithstanding such
chapter 5, such funds shall be available for facilities located
within or outside of the Capitol Grounds, and such security
enhancements shall be subject to the approval of the Committee
on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate; and
(2) $1,874,000 shall be for security enhancements to the
buildings and grounds of the Library of Congress:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Capitol Police
salaries
For an additional amount for costs of overtime, $2,700,000, to be
available to increase, in equal amounts, the amounts provided to the
House of Representatives and the Senate: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISION--THIS CHAPTER
Sec. 1501. (a) Section 201 of the Legislative Branch Appropriations
Act, 1993 (40 U.S.C. 216c note) is amended by striking ``$10,000,000''
each place it appears and inserting ``$14,500,000''.
(b) Section 201 of such Act is amended--
(1) by inserting ``(a)'' before ``Pursuant'', and
(2) by adding at the end the following:
``(b) The Architect of the Capitol is authorized to solicit,
receive, accept, and hold amounts under section 307E(a)(2) of the
Legislative Branch Appropriations Act, 1989 (40 U.S.C. 216c(a)(2)) in
excess of the $14,500,000 authorized under subsection (a), but such
amounts (and any interest thereon) shall not be expended by the
Architect without approval in appropriation Acts as required under
section 307E(b)(3) of such Act (40 U.S.C. 216c(b)(3)).''.
CHAPTER 6
GENERAL PROVISION--THIS TITLE
Sec. 1601. In addition to amounts appropriated or otherwise made
available in Public Law 106-58 to the Department of the Treasury,
Department-wide Systems and Capital Investments Programs, $123,000,000,
to remain available until September 30, 2001, for maintaining and
operating the current Customs Service Automated Commercial System:
Provided, That the funds shall not be obligated until the Customs
Service has submitted to the Committees on Appropriations an
expenditure plan which has been approved by the Treasury Investment
Review Board, the Department of the Treasury, and the Office of
Management and Budget: Provided further, That none of the funds may be
obligated to change the functionality of the Automated Commercial
System itself: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$123,000,000, that includes designation of the entire amount 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
made available under this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
TITLE II
SUPPLEMENTAL APPROPRIATIONS AND OFFSETS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
From amounts appropriated under this heading in Public Law 106-78
not needed for federal food inspection, up to $6,000,000 may be used to
liquidate obligations incurred in previous years, to the extent
approved by the Director of the Office of Management and Budget based
on documentation provided by the Secretary of Agriculture.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2101. Section 381A(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009(1)) is amended as follows:
``(1) Rural and Rural Area.--The terms `rural and rural
area' mean, subject to 306(a)(7), a city or town that has a
population of 50,000 inhabitants or less, other than an
urbanized area immediately adjacent to a city or town that has
a population in excess of 50,000 inhabitants, except for
business and industry projects or facilities described in
section 310(B)(a)(1), a city or town with a population in
excess of 50,000 inhabitants and its immediately adjacent
urbanized area shall be eligible for funding when the primary
economic beneficiaries of such projects or facilities are
producers of agriculture commodities.''.
Sec. 2102. 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. 2103. 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. 2104. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance to the Snake River Watershed project in Minnesota from funds
available for the Emergency Watershed Program, not to exceed
$4,000,000.
Sec. 2105. None of the funds made available in this Act or in any
other Act may be used to recover part or all of any payment erroneously
made to any oyster fisherman in the State of Connecticut for oyster
losses under the program established under section 1102(b) of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (as contained in section
101(a) of Division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277)), and the
regulations issued pursuant to such section 1102(b).
Sec. 2106. Section 321(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(b)) is amended by adding at the end the
following:
``(3) Loans to poultry farmers.--
``(A) Inability to obtain insurance.--
``(i) In general.--Notwithstanding any
other provision of this subtitle, the Secretary
may make a loan to a poultry farmer under this
subtitle to cover the loss of a chicken house
for which the farmer did not have hazard
insurance at the time of the loss, if the
farmer--
``(I) applied for, but was unable,
to obtain hazard insurance for the
chicken house;
``(II) uses the loan to rebuild the
chicken house in accordance with
industry standards in effect on the
date the farmer submits an application
for the loan (referred to in this
paragraph as `current industry
standards');
``(III) obtains, for the term of
the loan, hazard insurance for the full
market value of the chicken house; and
``(IV) meets the other requirements
for the loan under this subtitle.
``(ii) Amount.--Subject to the limitation
contained in section 324(a)(2), the amount of a
loan made to a poultry farmer under clause (i)
shall be an amount that will allow the farmer
to rebuild the chicken house in accordance with
current industry standards.
``(B) Loans to comply with current industry
standards.--
``(i) In general.--Notwithstanding any
other provision of this subtitle, the Secretary
may make a loan to a poultry farmer under this
subtitle to cover the loss of a chicken house
for which the farmer had hazard insurance at
the time of the loss, if--
``(I) the amount of the hazard
insurance is less than the cost of
rebuilding the chicken house in
accordance with current industry
standards;
``(II) the farmer uses the loan to
rebuild the chicken house in accordance
with current industry standards;
``(III) the farmer obtains, for the
term of the loan, hazard insurance for
the full market value of the chicken
house; and
``(IV) the farmer meets the other
requirements for the loan under this
subtitle.
``(ii) Amount.--Subject to the limitation
contained in section 324(a)(2), the amount of a
loan made to a poultry farmer under clause (i)
shall be the difference between--
``(I) the amount of the hazard
insurance obtained by the farmer; and
``(II) the cost of rebuilding the
chicken house in accordance with
current industry standards.''.
Sec. 2107. 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.
CHAPTER 2
DEPARTMENT OF JUSTICE
Drug Enforcement Administration (Domestic Enhancements)
methamphetamine lab cleanup assistance for state and local law
enforcement
For an additional amount for drug enforcement administration,
$5,000,000 for the Drug Enforcement Agency to assist in State and local
methamphetamine lab cleanup (including reimbursement for costs incurred
by State and local governments for lab cleanup since March 2000):
Provided, That the entire amount shall be available only to the extent
an official budget request for $5,000,000, that includes designation of
the entire amount of the request as an emergency requirement as defined
by the Balanced Budget and Emergency Deficit Control Act of 1985 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 the Balanced Budget and
Emergency Deficit Control Act of 1985.
Radiation Exposure Compensation
payment to radiation exposure compensation trust fund
For an additional amount for ``Payment to Radiation Exposure
Compensation Trust Fund'', $7,246,000.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for the account entitled ``Operations,
Research, and Facilities'', $3,000,000.
DEPARTMENT OF STATE
Presidential Advisory Commission on Holocaust Assets in the United
States
For an additional amount for the ``Presidential Advisory Commission
on Holocaust Assets in the United States'', as authorized by Public Law
105-186, as amended, $1,400,000, to remain available until March 31,
2001, for the direct funding of the activities of the Commission:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount provided 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.
CHAPTER 3
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services'',
$40,000,000, to be available for obligation for the period April 1,
2000, through June 30, 2001, to be distributed by the Secretary of
Labor to States for youth activities in the local areas containing the
50 cities with the largest populations, as determined by the latest
available Census data, in accordance with the formula criteria for
allocations to local areas contained in section 128(b)(2)(A)(i) of the
Workforce Investment Act: Provided, That the amounts distributed to the
States shall be distributed within each State to the designated local
areas without regard to section 127(a) and (b)(1) and section 128(a) of
such Act.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2401. Under the heading ``Discretionary Grants'' in Public Law
105-66, ``$4,000,000 for the Salt Lake City regional commuter system
project;'' is amended to read ``$4,000,000 for the transit and other
transportation-related portions of the Salt Lake City regional commuter
system and Gateway Intermodal Terminal;''.
Sec. 2402. Notwithstanding any other provision of law, the
Commandant shall transfer $8,000,000 identified in the conference
report accompanying Public Law 106-69 for ``Unalaska, AK--pier'' to the
City of Unalaska, Alaska for the construction of a municipal pier and
other harbor improvements: Provided, That the City of Unalaska enter
into an agreement with the United States to accommodate Coast Guard
vessels and support Coast Guard operations at Unalaska, Alaska.
Sec. 2403. From amounts previously made available in Public Law
106-69 (Department of Transportation and Related Agencies
Appropriations Act, 2000) for ``Research, Engineering, and
Development'', $600,000 shall be available only for testing the
potential for ultra-wideband signals to interfere with global
positioning system receivers by the National Telecommunications and
Information Administration (NTIA): Provided, That the results of said
test be reported to the House and Senate Committees on Appropriations
not later than six months from the date of enactment of this act.
Sec. 2404. Notwithstanding any other provision of law, there is
appropriated to the Federal Highway Administration for transfer to the
Utah Department of Transportation, $35,000,000 for Interstate 15
reconstruction; such sums to remain available until expended: Provided,
That the Utah Department of Transportation shall make available from
state funds $35,000,000 for transportation planning, and temporary and
permanent transportation infrastructure improvements for the Salt Lake
City 2002 Olympic Winter Games: Provided further, That the specific
planning activities and transportation infrastructure projects
identified for state funding shall be limited to the following projects
included in the Olympic Transportation Concept Plan approved by the
Secretary of Transportation:
(1) Planning
(2) Venue Load and Unload
(3) Transit Bus Project
(4) Bus Maintenance Facilities
(5) Olympic Park & Ride Lots
(6) North-South Light Rail Park & Ride Lot Expansion.
Sec. 2405. Notwithstanding any other provision of law, the
Secretary of Transportation may hereafter use Federal Highway
Administration Emergency Relief funds as authorized under 23 U.S.C.
125, to reconstruct or modify to a higher elevation roads that are
currently impounding water within a closed basin lake greater than
fifty thousand acres: Provided, That the structures on which the
roadways are to be built shall be constructed to applicable approved
United States Army Corps of Engineers design standards.
Sec. 2406. Amtrak is authorized to obtain services from the
Administrator of General Services, and the Administrator is authorized
to provide services to Amtrak, under sections 201(b) and 211(b) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
481(b) and 491(b)) for fiscal year 2001 and each fiscal year thereafter
until the fiscal year that Amtrak operates without Federal operating
grant funds appropriated for its benefit, as required by sections
24101(d) and 24104(a) of title 49, United States Code.
CHAPTER 5
OFFSETS
DEPARTMENT OF AGRICULTURE
Office of the Chief Information Officer
Of the funds transferred to ``Office of the Chief Information
Officer'' for year 2000 conversion of Federal information technology
systems and related expenses pursuant to Division B, Title III of
Public Law 105-277, $2,435,000 of the unobligated balances are hereby
canceled.
DEPARTMENT OF JUSTICE
United States Parole Commission
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$1,147,000 are rescinded.
Legal Activities
salaries and expenses, general legal activities
(rescission)
Of the unobligated balances available under this heading for the
Civil Division, $2,000,000 are rescinded.
asset forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$13,500,000 are rescinded.
Federal Bureau of Investigation
salaries and expenses
(rescission)
Of the unobligated balances available under this heading for the
Information Sharing Initiative, $15,000,000 are rescinded.
Immigration and Naturalization Service
salaries and expenses
enforcement and border affairs
(rescission)
Of the unobligated balances available under this heading for
Washington headquarters operations, including all unobligated balances
available for the Office of the Chief of the Border Patrol, $5,000,000
are rescinded.
citizenship and benefits, immigration support and program direction
(rescission)
Of the unobligated balances available under this heading for
Washington headquarters operations, $5,000,000 are rescinded.
violent crime reduction programs
(rescission)
Of the unobligated balances available under this heading for
Washington headquarters operations, $5,000,000 are rescinded.
Office of Justice Programs
justice assistance
(rescission)
Of the amounts made available under this heading for the Bureau of
Justice Assistance, $500,000 are rescinded from the Management and
Administration activity.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Departmental Management
public health and social services emergency fund
Of the funds appropriated for the Department's year 2000 computer
conversion activities under this heading in the Department of Health
and Human Services Appropriations Act, 2000, as enacted by section
1000(a)(4) of the Consolidated Appropriations Act, 2000 (Public Law
106-113), $40,000,000 is hereby canceled.
EXECUTIVE OFFICE OF THE PRESIDENT
Unanticipated Needs
information technology systems and related expenses
Under this heading in division B, title III of Public Law 105-277,
strike ``$2,250,000,000'' and insert ``$2,015,000,000''.
CHAPTER 6
GENERAL PROVISIONS--THIS TITLE
Sec. 2601. Under the heading ``Federal Communications Commission,
Salaries and Expenses'' in title V of H.R. 3421 of the 106th Congress,
as enacted by section 1000(a)(1) of Public Law 106-113, delete
``$210,000,000'' and insert ``$215,800,000''; in the first and third
provisos delete ``$185,754,000'' and insert ``$191,554,000'' in each
such proviso.
Sec. 2602. At the end of the paragraph under the heading ``Justice
prisoner and alien transportation system fund, United States Marshals
Service'' in title I of H.R. 3421 of the 106th Congress, as enacted by
section 1000(a)(1) of Public Law 106-113, add the following: ``In
addition, $13,500,000, to remain available until expended, shall be
available only for the purchase of two Sabreliner-class aircraft.''.
Sec. 2603. Title IV of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 2000 (as
contained in Public Law 106-113) is amended in the paragraph entitled
``Diplomatic and consular programs'' by inserting after the fourth
proviso: ``Provided further, That of the amount made available under
this heading, $5,000,000, less any costs already paid, shall be used to
reimburse the City of Seattle and other Washington state jurisdictions
for security costs incurred in hosting the Third World Trade
Organization Ministerial Conference:''.
Sec. 2604. Of the discretionary funds appropriated to the Edward
Byrne Memorial State and Local Law Enforcement Assistance Program in
fiscal year 2000, $1,000,000 shall be transferred to the Violent
Offender Incarceration and Truth In Sentencing Incentive Grants Program
to be used for the construction costs of the Hoonah Spirit Camp, as
authorized under section 20109(a) of subtitle A of title II of the 1994
Act.
Sec. 2605. Title I of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 2000 (as
contained in Public Law 106-113) is amended in the paragraph entitled
``Federal Bureau of Investigation, Salaries and Expenses'' by inserting
after the third proviso the following new proviso: ``: Provided
further, That in addition to amounts made available under this heading,
$3,000,000 shall be available for the creation of a new site for the
National Domestic Preparedness Office outside of FBI Headquarters and
the implementation of the `Blueprint' with regard to the National
Domestic Preparedness Office''.
Sec. 2606. Of the funds made available in fiscal year 2000 for the
Department of Commerce, $1,000,000 shall be derived from the account
entitled ``General Administration'' and $500,000 from the account
entitled ``Office of the Inspector General'' and made available for the
Commission on Online Child Protection as established under Title XIII
of Public Law 105-825, and extended by subsequent law.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
Sec. 3101. 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. 3102. None of the funds made available under this Act or any
other Act shall be used by the Secretary of the Interior, in this or
the succeeding fiscal year, to promulgate final rules to revise or
amend 43 C.F.R. Subpart 3809, except that the Secretary may finalize
amendments to that Subpart that are limited to only the specific
regulatory gaps identified at pages 7 through 9 of the National
Research Council report entitled ``Hardrock Mining on Federal Lands''
and that are consistent with existing statutory authorities. Nothing in
this section shall be construed to expand the existing statutory
authority of the Secretary.
Sec. 3103. No funds may be expended in fiscal year 2000 by the
Federal Communications Commission to conduct competitive bidding
procedures that involve mutually exclusive applications where one or
more of the applicants in a station, including an auxiliary radio
booster or translator station or television translator station,
licensed under section 397(6) of the Communications Act, whether
broadcasting on reserved or non-reserved spectrum.
Sec. 3104. Study of Oregon Inlet, North Carolina, Navigation
Project. (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Army shall have conducted,
and submitted to Congress, a restudy of the project for navigation,
Manteo (Shallowbag) Bay, North Carolina, authorized by section 101 of
the River and Harbor Act of 1970 (84 Stat. 1818), to evaluate all
reasonable alternatives, including nonstructural alternatives, to the
authorized inlet stabilization project at Oregon Inlet.
(b) Required Elements.--In carrying out subsection (a), the
Secretary of the Army shall--
(1) take into account the views of affected interests; and
(2)(A) take into account objectives in addition to
navigation, including--
(i) complying with the policies of the State of
North Carolina regarding construction of structural
measures along State shores; and
(ii) avoiding or minimizing adverse impacts to, or
benefiting, the Cape Hatteras National Seashore and the
Pea Island National Wildlife Refuge; and
(B) develop options that meet those objectives.
TITLE IV--FOOD AND MEDICINE FOR THE WORLD ACT
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Food and Medicine for the World
Act''.
SEC. 4002. DEFINITIONS.
In this title:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Agricultural program.--The term ``agricultural
program'' means--
(A) any program administered under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1691 et seq.);
(B) any program administered under section 416 of
the Agricultural Act of 1949 (7 U.S.C. 1431);
(C) any program administered under the Agricultural
Trade Act of 1978 (7 U.S.C. 5601 et seq.);
(D) the dairy export incentive program administered
under section 153 of the Food Security Act of 1985 (15
U.S.C. 713a-14);
(E) any commercial export sale of agricultural
commodities; or
(F) any export financing (including credits or
credit guarantees) provided by the United States
Government for agricultural commodities.
(3) Joint resolution.--The term ``joint resolution''
means--
(A) in the case of section 4003(a)(1), only a joint
resolution introduced within 10 session days of
Congress after the date on which the report of the
President under section 4003(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 4003(a)(1)
of the Food and Medicine for the World Act, transmitted
on ______________.'', with the blank completed with the
appropriate date; and
(B) in the case of section 4006(1), only a joint
resolution introduced within 10 session days of
Congress after the date on which the report of the
President under section 4006(2) is received by
Congress, the matter after the resolving clause of
which is as follows: ``That Congress approves the
report of the President pursuant to section 4006(1) of
the Food and Medicine for the World Act, transmitted on
______________.'', with the blank completed with the
appropriate date.
(4) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(5) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(6) Unilateral agricultural sanction.--The term
``unilateral agricultural sanction'' means any prohibition,
restriction, or condition on carrying out an agricultural
program with respect to a foreign country or foreign entity
that is imposed by the United States for reasons of foreign
policy or national security, except in a case in which the
United States imposes the measure pursuant to a multilateral
regime and the other member countries of that regime have
agreed to impose substantially equivalent measures.
(7) Unilateral medical sanction.--The term ``unilateral
medical sanction'' means any prohibition, restriction, or
condition on exports of, or the provision of assistance
consisting of, medicine or a medical device with respect to a
foreign country or foreign entity that is imposed by the United
States for reasons of foreign policy or national security,
except in a case in which the United States imposes the measure
pursuant to a multilateral regime and the other member
countries of that regime have agreed to impose substantially
equivalent measures.
SEC. 4003. RESTRICTION.
(a) New Sanctions.--Except as provided in sections 4004 and 4005
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
paragraph (1).
(b) Existing Sanctions.--
(1) In general.--Except as provided in paragraph (2), 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.
(2) Exemptions.--Paragraph (1) shall not apply to a
unilateral agricultural sanction or unilateral medical sanction
imposed--
(A) with respect to any program administered under
section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431);
(B) with respect to the Export Credit Guarantee
Program (GSM-102) or the Intermediate Export Credit
Guarantee Program (GSM-103) established under section
202 of the Agricultural Trade Act of 1978 (7 U.S.C.
5622); or
(C) with respect to the dairy export incentive
program administered under section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14).
SEC. 4004. EXCEPTIONS.
Section 4003 shall not affect any authority or requirement to
impose (or continue to impose) a sanction referred to in section 4003--
(1) against a foreign country or foreign entity--
(A) pursuant to a declaration of war against the
country or entity;
(B) pursuant to specific statutory authorization
for the use of the Armed Forces of the United States
against the country or entity;
(C) against which the Armed Forces of the United
States are involved in hostilities; or
(D) where imminent involvement by the Armed Forces
of the United States in hostilities against the country
or entity is clearly indicated by the circumstances; or
(2) to the extent that the sanction would prohibit,
restrict, or condition the provision or use of any agricultural
commodity, medicine, or medical device that is--
(A) controlled on the United States Munitions List
established under section 38 of the Arms Export Control
Act (22 U.S.C. 2778);
(B) controlled on any control list established
under the Export Administration Act of 1979 or any
successor statute (50 U.S.C. App. 2401 et seq.); or
(C) used to facilitate the development or
production of a chemical or biological weapon or weapon
of mass destruction.
SEC. 4005. COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.
Notwithstanding section 4003 and except as provided in section
4007, the prohibitions in effect on or after the date of the enactment
of this Act under section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371) on providing, to the government of any country
supporting international terrorism, United States Government
assistance, including United States foreign assistance, United States
export assistance, or any United States credits or credit guarantees,
shall remain in effect for such period as the Secretary of State
determines under such section 620A that the government of the country
has repeatedly provided support for acts of international terrorism.
SEC. 4006. TERMINATION OF SANCTIONS.
Any unilateral agricultural sanction or unilateral medical sanction
that is imposed pursuant to the procedures described in section 4003(a)
shall terminate not later than 2 years after the date on which the
sanction became effective unless--
(1) not later than 60 days before the date of termination
of the sanction, the President submits to Congress a report
containing--
(A) the recommendation of the President for the
continuation of the sanction for an additional period
of not to exceed 2 years; and
(B) the request of the President for approval by
Congress of the recommendation; and
(2) there is enacted into law a joint resolution stating
the approval of Congress for the report submitted under
paragraph (1).
SEC. 4007. STATE SPONSORS OF INTERNATIONAL TERRORISM.
(a) In General.--Notwithstanding any other provision of this title,
the export of agricultural commodities, medicine, or medical devices 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 Foreign Assistance Act of 1961 (22
U.S.C. 2371) shall only be made--
(1) pursuant to one-year licenses issued by the United
States Government for contracts entered into during the one-
year period and completed with the 12-month period beginning on
the date of the signing of the contract, except that, in the
case of the export of items used for food and for food
production, such one-year licenses shall otherwise be no more
restrictive than general licenses; and
(2) without benefit of Federal financing, direct export
subsidies, Federal credit guarantees, or other Federal
promotion assistance programs.
(b) Quarterly Reports.--The applicable department or agency of the
Federal Government shall submit to the appropriate congressional
committees on a quarterly basis a report on any activities undertaken
under subsection (a)(1) during the preceding calendar quarter.
(c) Biennial Reports.--Not later than two years after the date of
enactment of this Act, and every two years thereafter, the applicable
department or agency of the Federal Government shall submit a report to
the appropriate congressional committees on the operation of the
licensing system under this section for the preceding two-year period,
including--
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) the average amount of time elapsed from the date of
filing of a license application until the date of its approval;
(4) the extent to which the licensing procedures were
effectively implemented; and
(5) a description of comments received from interested
parties about the extent to which the licensing procedures were
effective, after the applicable department or agency holds a
public 30-day comment period.
SEC. 4008. CONGRESSIONAL EXPEDITED PROCEDURES.
Consideration of a joint resolution relating to a report described
in section 4003(a)(1) or 4006(1) shall be subject to expedited
procedures as determined by the House of Representatives and as
determined by the Senate.
SEC. 4009. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
takes effect on the date of enactment of this Act.
(b) Existing Sanctions.--In the case of any unilateral agricultural
sanction or unilateral medical sanction that is in effect as of the
date of enactment of this Act, this title takes effect 180 days after
the date of enactment of this Act.
This Division may be cited as the ``Fiscal Year 2000 Emergency
Supplemental Appropriations Act for Natural Disasters Assistance''.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2001''.
Attest:
Secretary.
106th CONGRESS
2d Session
H. R. 4461
_______________________________________________________________________
AMENDMENT