[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2330 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 2330

_______________________________________________________________________

                                 AN ACT


 
Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2002, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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, 2002, and for other 
purposes, namely:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

    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, $3,015,000: Provided, That not to exceed $11,000 of this amount 
shall be available for official reception and representation expenses, 
not otherwise provided for, as determined by the Secretary: 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, $7,704,000.

                       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, $12,869,000.

                 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, $7,041,000.

                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, $10,325,000.

                      common computing environment

    For necessary expenses to acquire a Common Computing Environment 
for the Natural Resources Conservation Service, the Farm and Foreign 
Agricultural Service and Rural Development mission areas for 
information technology, systems, and services, $59,369,000, to remain 
available until expended, for the capital asset acquisition of shared 
information technology systems, including services as authorized by 7 
U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of 
these funds shall be consistent with the Department of Agriculture 
Service Center Modernization Plan of the county-based agencies, and 
shall be with the concurrence of the Department's Chief Information 
Officer.

                 Office of the Chief Financial Officer

    For necessary expenses of the 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, $5,384,000: 
Provided, That the Chief Financial Officer shall actively market and 
expand 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, $652,000.

        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 alterations and 
other actions needed for this Department and its agencies to 
consolidate unneeded space into configurations suitable for release to 
the Administrator of General Services, and for the operation, 
maintenance, improvement, and repair of Agriculture buildings, 
$187,647,000, 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 an 
agency's appropriation made available by this Act to this 
appropriation, or may transfer a share of this appropriation to an 
agency's appropriation to cover the costs of new or replacement space 
for such agency, 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., $15,665,000, 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, $37,398,000, 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), 
$2,993,000, 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, $3,718,000: Provided, That these 
funds may be transferred to agencies of the Department of Agriculture 
funded by this Act to maintain personnel at the agency level: Provided 
further, That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities of 
congressional relations.

                        Office of Communications

    For necessary expenses to carry out services relating to the 
coordination of programs involving public affairs, for the 
dissemination of agricultural information, and the coordination of 
information, work, and programs authorized by Congress in the 
Department, $8,975,000, 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

    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, $71,429,000, 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, 
$32,937,000.

  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, 
$578,000.

                       Economic Research Service

    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, 
$67,620,000: 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).

                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, 
$114,546,000, of which up to $25,456,000 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, $971,365,000: 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 2002, 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, $78,862,000, 
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, 
$507,452,000, as follows: to carry out the provisions of the Hatch Act 
(7 U.S.C. 361a-i), $180,148,000; for grants for cooperative forestry 
research (16 U.S.C. 582a-a7), $21,884,000; for payments to the 1890 
land-grant colleges, including Tuskegee University (7 U.S.C. 3222), 
$32,604,000, of which $998,000 shall be made available to West Virginia 
State College in Institute, West Virginia; for special grants for 
agricultural research (7 U.S.C. 450i(c)), $82,409,000; for special 
grants for agricultural research on improved pest control (7 U.S.C. 
450i(c)), $15,721,000; for competitive research grants (7 U.S.C. 
450i(b)), $105,767,000, including grants for authorized competitive 
research programs regarding enhancement of the nitrogen-fixing ability 
and efficiency of plants; for the support of animal health and disease 
programs (7 U.S.C. 3195), $5,098,000; for supplemental and alternative 
crops and products (7 U.S.C. 3319d), $950,000; 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), $639,000, to remain available until expended; for the 1994 
research program (7 U.S.C. 301 note), $998,000, to remain available 
until expended; for higher education graduate fellowship grants (7 
U.S.C. 3152(b)(6)), $2,993,000, to remain available until expended (7 
U.S.C. 2209b); for higher education challenge grants (7 U.S.C. 
3152(b)(1)), $4,340,000; for a higher education multicultural scholars 
program (7 U.S.C. 3152(b)(5)), $998,000, to remain available until 
expended (7 U.S.C. 2209b); for an education grants program for 
Hispanic-serving Institutions (7 U.S.C. 3241), $3,492,000; 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), $2,993,000; for a 
secondary agriculture education program and 2-year post-secondary 
education (7 U.S.C. 3152(h)), $1,000,000; for aquaculture grants (7 
U.S.C. 3322), $3,991,000; for sustainable agriculture research and 
education (7 U.S.C. 5811), $12,000,000; for a program of capacity 
building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive 
funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), 
including Tuskegee University, $9,479,000, to remain available until 
expended (7 U.S.C. 2209b); for payments to the 1994 Institutions 
pursuant to section 534(a)(1) of Public Law 103-382, $1,549,000; and 
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, 
$18,399,000.
    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.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, Northern Marianas, and American 
Samoa, $436,029,000, as follows: payments for cooperative extension 
work under the Smith-Lever Act, to be distributed under sections 3(b) 
and 3(c) of said Act, and under section 208(c) of Public Law 93-471, 
for retirement and employees' compensation costs for extension agents 
and for costs of penalty mail for cooperative extension agents and 
State extension directors, $275,940,000; payments for extension work at 
the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), 
$3,273,000; payments for the nutrition and family education program for 
low-income areas under section 3(d) of the Act, $58,566,000; payments 
for the pest management program under section 3(d) of the Act, 
$10,759,000; payments for the farm safety program under section 3(d) of 
the Act, $5,800,000; 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), $12,173,000, to remain available until expended; 
payments for the rural development centers under section 3(d) of the 
Act, $906,000; payments for youth-at-risk programs under section 3(d) 
of the Act, $8,481,000; for youth farm safety education and 
certification extension grants, to be awarded competitively under 
section 3(d) of the Act, $499,000; payments for carrying out the 
provisions of the Renewable Resources Extension Act of 1978, 
$3,185,000; payments for Indian reservation agents under section 3(d) 
of the Act, $1,996,000; payments for sustainable agriculture programs 
under section 3(d) of the Act, $5,000,000; payments for rural health 
and safety education as authorized by section 2390 of Public Law 101-
624 (7 U.S.C. 2661 note, 2662), $2,622,000; payments for cooperative 
extension work by the colleges receiving the benefits of the second 
Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University, 
$28,181,000, of which $998,000 shall be made available to West Virginia 
State College in Institute, West Virginia; and for Federal 
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and 
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and 
to coordinate and provide program leadership for the extension work of 
the Department and the several States and insular possessions, 
$18,648,000: 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, as 
authorized under section 406 of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (7 U.S.C. 7626), $43,355,000, as 
follows: payments for the water quality program, $12,971,000; payments 
for the food safety program, $14,967,000; payments for the national 
agriculture pesticide impact assessment program, $4,531,000; payments 
for the Food Quality Protection Act risk mitigation program for major 
food crop systems, $4,889,000; payments for the crops affected by Food 
Quality Protection Act implementation, $1,497,000; payments for the 
methyl bromide transition program, $2,500,000; and payments for the 
organic transition program, $2,000,000.

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary salaries and expenses of the Office of the Under 
Secretary for Marketing and Regulatory Programs to administer programs 
under the laws enacted by the Congress for the Animal and Plant Health 
Inspection Service; the Agricultural Marketing Service; and the Grain 
Inspection, Packers and Stockyards Administration; $660,000.

               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 
Acts of March 2, 1931 (46 Stat. 1468) and December 22, 1987 (101 Stat. 
1329-1331) (7 U.S.C. 426-426c); and to protect the environment, as 
authorized by law, $587,386,000, of which $4,096,000 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 law (7 U.S.C. 
2250) for the repair and alteration of leased buildings and 
improvements, but unless otherwise provided the cost of altering any 
one building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building.
    In fiscal year 2002 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 
2002, $84,813,000 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, $7,189,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses to carry out 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, $71,774,000, 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.
    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 $60,596,000 (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 Committees on Appropriations of both Houses of 
Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, except for: 
(1) transfers to the Department of Commerce as authorized by the Fish 
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in 
this Act; and (3) not more than $13,995,000 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)), 
$1,347,000.

        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, $33,117,000: 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.

                    inspection and weighing services

    Not to exceed $42,463,000 (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 
Committees on Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food Safety to administer the laws enacted by the 
Congress for the Food Safety and Inspection Service, $481,000.

                   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, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $720,652,000, 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 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, $611,000.

                          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, 
$945,993,000: 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, as amended (7 U.S.C. 5101-5106), $2,993,000.

                        dairy indemnity program

                     (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, $100,000, to remain available until expended: 
Provided, That such program is carried out by the Secretary in the same 
manner as the dairy indemnity program described in the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-12).

           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, $1,128,000,000, of which $1,000,000,000 shall be for 
guaranteed loans and $128,000,000 shall be for direct loans; operating 
loans, $2,600,000,000, of which $1,500,000,000 shall be for 
unsubsidized guaranteed loans, $500,000,000 shall be for subsidized 
guaranteed loans, and $600,000,000 shall be for direct loans; Indian 
tribe land acquisition loans as authorized by 25 U.S.C. 488, 
$2,000,000; 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, $7,866,000, of which 
$4,500,000 shall be for guaranteed loans and $3,366,000 shall be for 
direct loans; operating loans, $174,030,000, of which $52,650,000 shall 
be for unsubsidized guaranteed loans, $67,800,000 shall be for 
subsidized guaranteed loans, and $53,580,000 shall be for direct loans; 
Indian tribe land acquisition loans as authorized by 25 U.S.C. 488, 
$118,000; and for emergency insured loans, $3,363,000 to meet the needs 
resulting from natural disasters.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $282,769,000, of which 
$274,769,000 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: Provided, 
That the Appropriations Committees of both Houses of Congress are 
notified at least 15 days in advance of any transfer.

                         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), 
$75,142,000: 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 2002, 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 2002, 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, $736,000.

                 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, 
$782,762,000, to remain available until expended (7 U.S.C. 2209b), of 
which not less than $7,137,000 is for snow survey and water 
forecasting, and of which not to exceed $30,500,000 is for technical 
assistance activities in conjunction with the Conservation Reserve 
Program authorized by subchapter B, chapter 1, title XII of the Food 
Security Act of 1985, and of which not less than $9,349,000 is for 
operation and establishment of the plant materials centers, and of 
which not less than $20,000,000 shall be for the grazing lands 
conservation initiative: Provided, That $8,500,000 of the funds 
authorized for allotments or transfers under 15 U.S.C. 714i shall be 
available for Conservation Reserve Program technical assistance: 
Provided further, 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), $11,030,000: 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, $105,743,000, to remain 
available until expended (7 U.S.C. 2209b) (of which up to $10,000,000 
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 not to exceed $45,514,000 of this appropriation shall be 
available for technical assistance: Provided further, That this 
appropriation shall be available for employment pursuant to the second 
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
and not to exceed $200,000 shall be available for employment under 5 
U.S.C. 3109: Provided further, That not to exceed $1,000,000 of this 
appropriation is available to carry out the purposes of the Endangered 
Species Act of 1973 (Public Law 93-205), including cooperative efforts 
as contemplated by that Act to relocate endangered or threatened 
species to other suitable habitats as may be necessary to expedite 
project construction.

                 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), $48,361,000, 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.

                   agricultural conservation program

                         (rescission of funds)

    Of the funds appropriated for ``Agricultural Conservation Program'' 
under Public Law 104-37, $45,000,000 is hereby rescinded.

                               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, $628,000.

                  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, $767,465,000, to remain available until expended, of 
which $34,503,000 shall be for rural community programs described in 
section 381E(d)(1) of such Act; of which $658,994,000 shall be for the 
rural utilities programs described in sections 381E(d)(2), 306C(a)(2), 
and 306D of such Act; and of which $73,968,000 shall be for the rural 
business and cooperative development programs described in sections 
381E(d)(3) and 310B(f) 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, including 
grants for drinking water and waste disposal systems pursuant to 
section 306C of such Act, of which $4,000,000 shall be available for 
community facilities grants to tribal colleges, as authorized by 
section 306(a)(19) of the Consolidated Farm and Rural Development Act, 
and of which $250,000 shall be available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development: Provided 
further, That of the amount appropriated for rural community programs, 
$6,000,000 shall be available for a Rural Community Development 
Initiative: Provided further, That such funds shall be used solely to 
develop the capacity and ability of private, nonprofit community-based 
housing and community development organizations, low-income rural 
communities, and federally Recognized Native American tribes to 
undertake projects to improve housing, community facilities, community 
and economic development projects in rural areas: Provided further, 
That such funds shall be made available to qualified private and public 
intermediary organizations proposing to carry out a program of 
financial and technical assistance: Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, 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, of which 1 percent to administer the program and to improve 
interagency coordination may be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''; not to 
exceed $16,215,000 shall be for technical assistance grants for rural 
water and waste systems pursuant to section 306(a)(14) of such Act; and 
not to exceed $11,000,000 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 $37,624,000 shall be available 
through June 30, 2002, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agriculture 
as Rural Economic Area Partnership Zones; of which $1,163,000 shall be 
for the rural community programs described in section 381E(d)(1) of 
such Act, of which $27,431,000 shall be for the rural utilities 
programs described in section 381E(d)(2) of such Act, and of which 
$9,030,000 shall be for the rural business and cooperative development 
programs described in section 381E(d)(3) of such Act: Provided further, 
That any prior year balances for high cost energy grants authorized by 
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) 
shall be transferred to and merged with the ``Rural Utilities Service, 
High Energy Costs Grants'' account.

                rural development salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$134,733,000: 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 transfer of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $4,202,618,000 for loans to section 502 borrowers, as 
determined by the Secretary, of which $1,064,650,000 shall be for 
direct loans, and of which $3,137,968,000 shall be for unsubsidized 
guaranteed loans; $32,324,000 for section 504 housing repair loans; 
$114,068,000 for section 515 rental housing; $99,770,000 for section 
538 guaranteed multi-family housing loans; $5,090,000 for section 524 
site loans; $11,778,000 for credit sales of acquired property, of which 
up to $1,778,000 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, $180,274,000 of which 
$140,108,000 shall be for direct loans, and of which $40,166,000 shall 
be for unsubsidized guaranteed loans; section 504 housing repair loans, 
$10,386,000; section 515 rental housing, $48,274,000; section 538 
multi-family housing guaranteed loans, $3,921,000; section 524 site 
loans, $28,000; multi-family credit sales of acquired property, 
$750,000; and section 523 self-help housing land development loans, 
$254,000: Provided, That of the total amount appropriated in this 
paragraph, $11,656,000 shall be available through June 30, 2002, 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, $422,910,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.
    Of the amounts made available under this heading in chapter 1 of 
title II of Public Law 106-246 (114 Stat. 540) for gross obligations 
for principal amount of direct loans authorized by title V of the 
Housing Act of 1949 for section 515 rental housing, the Secretary of 
Agriculture may use up to $5,986,197 for rental assistance agreements 
described in the item relating to ``Rental Assistance Program'' in such 
chapter: Provided, That such amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Control Act of 1985, as amended.
    In making available for occupancy dwelling units in housing that is 
provided with funds made available under the heading referred to in the 
preceding paragraph, the Secretary of Agriculture may give preference 
to prospective tenants who are residing in temporary housing provided 
by the Federal Emergency Management Agency as a result of an emergency.

                       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, 
$693,504,000; 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 2002 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), $33,925,000, 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, 2002, 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, 
$38,914,000, to remain available until expended: Provided, That of the 
total amount appropriated, $1,200,000 shall be available through June 
30, 2002, 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, $31,431,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

                  Rural Business--Cooperative Service

              rural development loan fund program account

                     (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $38,171,000.
    For the cost of direct loans, $16,494,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be for federally Recognized Native American Tribes and of which 
$3,449,000 shall be for 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 $38,171,000: Provided further, That of the total 
amount appropriated, $2,730,000 shall be available through June 30, 
2002, 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, $3,761,000 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, 
$14,966,000.
    For the cost of direct loans, including the cost of modifying loans 
as defined in section 502 of the Congressional Budget Act of 1974, 
$3,616,000.
    Of the funds derived from interest on the cushion of credit 
payments in fiscal year 2002, as authorized by section 313 of the Rural 
Electrification Act of 1936, $3,616,000 shall not be obligated and 
$3,616,000 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), $7,500,000, of which $2,500,000 shall be available for 
cooperative agreements for the appropriate technology transfer for 
rural areas program: Provided, That not to exceed $1,497,000 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 empowerment zones and enterprise community grants

    For grants in connection with a second round of empowerment zones 
and enterprise communities $14,967,000, to remain available until 
expended, for designated rural empowerment zones and rural enterprise 
communities as authorized in the Taxpayer Relief Act of 1997.

                        Rural Utilities Service

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans $121,107,000; municipal rate rural 
electric loans, $794,358,000; loans made pursuant to section 306 of 
that Act, rural electric, $2,600,000,000; Treasury rate direct electric 
loans, $500,000,000; and guaranteed electric loans, $100,000,000; 5 
percent rural telecommunications loans, $74,827,000; cost of money 
rural telecommunications loans, $300,000,000; and rural 
telecommunications loans, $120,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by the Rural Electrification Act of 1936 (7 
U.S.C. 935 and 936), as follows: cost of rural electric loans, 
$3,689,000, and the cost of telecommunication loans, $2,036,000: 
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, $36,322,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                  rural telephone bank program account

                     (including transfer 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 2002 and within the 
resources and authority available, gross obligations for the principal 
amount of direct loans shall be $174,615,000.
    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), 
$2,584,000.
    In addition, for administrative expenses, including audits, 
necessary to carry out the loan programs, $3,107,000 which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

               distance learning and telemedicine program

    For the principle amount of direct distance learning and 
telemedicine loans, $300,000,000; and for the principle amount of 
broadband telecommunication loans, contingent upon the enactment of 
authorizing legislation, $100,000,000.
    For the cost of direct loans and grants, as authorized by 7 U.S.C. 
950aaa et seq., $26,941,000, to remain available until expended, to be 
available for loans and grants for telemedicine and distance learning 
services in rural areas: Provided, That, contingent upon the enactment 
of authorizing legislation, $1,996,000 may be available for a loan and 
grant program to finance broadband transmission and local dial-up 
Internet service in areas that meet the definition of ``rural area'' 
used for the Distance Learning and Telemedicine Program authorized by 7 
U.S.C. 950aaa: Provided further, 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, 
$592,000.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfer 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; 
$10,088,746,000, to remain available through September 30, 2003, of 
which $4,748,038,000 is hereby appropriated and $5,340,708,000 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 up to $4,507,000 shall be available for independent 
verification of school food service claims: Provided further, That of 
the funds provided under this heading, $2,000,000 shall be available 
for new activities to enhance integrity in the National School Lunch 
Program.

special supplemental nutrition program for women, infants, and children 
                                 (wic)

                     (including transfers of funds)

    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), $4,137,086,000, to remain available 
through September 30, 2003: 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 may 
obligate up to $25,000,000 for the farmers' market nutrition program 
and up to $15,000,000 for senior farmers' market activities from any 
funds not needed to maintain current caseload levels: Provided further, 
That notwithstanding section 17(h)(10)(A) of such Act, up to 
$10,000,000 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.

                           food stamp program

    For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011 et seq.), $21,991,986,000, of which $1,000,000,000 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 funds 
provided under this heading may be used to procure food coupons 
necessary for program operations in this or subsequent fiscal years 
until electronic benefit transfer implementation is complete.

                      commodity assistance program

                     (including transfer of funds)

    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, $152,813,000, to remain available through 
September 30, 2003: Provided, That none of these funds shall be 
available to reimburse the Commodity Credit Corporation for commodities 
donated to the program: Provided further, That of the total amount 
available, the Secretary may obligate up to $15,000,000 for senior 
farmers' market activities from any funds not needed to maintain 
current caseload levels: Provided further, That notwithstanding section 
5(a)(2) of the Agriculture and Consumer Protection Act of 1973 (Public 
Law 93-86; 7 U.S.C. 612c note), $21,820,000 of this amount shall be 
available for administrative expenses of the commodity supplemental 
food 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, $150,749,000, to remain available through 
September 30, 2003.

                      food program administration

    For necessary administrative expenses of the domestic food programs 
funded under this Act, $126,656,000, 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), $122,631,000: 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: Provided 
further, That none of the funds appropriated in this account may be 
used to pay the salaries and expenses of personnel to disburse funds to 
any rice trade association under the market access program or the 
foreign market development program at any time when the applicable 
international activity agreement for such program is not in effect.
    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 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, 
$122,600,000, 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, $2,013,000, of which $1,033,000 may be transferred to and 
merged with the appropriation for ``Foreign Agricultural Service, 
Salaries and Expenses'', and of which $980,000 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, $20,277,000, 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 Committees on Appropriations of both Houses of Congress.

                public law 480 grants--titles ii and iii

    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, $835,159,000, 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, 
$4,021,000, 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 $3,224,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $797,000 
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; $1,342,339,000, of which not to 
exceed $161,716,000 to be derived from prescription drug user fees 
authorized by 21 U.S.C. 379(h), including any such fees assessed prior 
to the current fiscal year but credited during the current year, in 
accordance with 21 U.S.C. 379h(g)(4), and shall be credited to this 
appropriation and remain available until expended: Provided, That of 
the total amount appropriated $6,000,000 for costs related to occupancy 
of new facilities at White Oak, Maryland, shall remain available until 
September 30, 2003: Provided further, That of the total amount 
appropriated, $2,500,000 is available for the purpose of carrying out 
the responsibilities of the Food and Drug Administration with respect 
to abbreviated applications for the approval of new drugs under section 
505(j) of the Federal Food, Drug, and Cosmetic Act, and $250,000 is 
available under section 903(d)(2)(D) of such Act for the purpose of 
carrying out public information programs regarding drugs with approved 
such applications, in addition to other allocations for such purposes 
made from such total amount: Provided further, That of the total amount 
appropriated, $5,000,000 is available for the purpose of carrying out 
the responsibilities of the Food and Drug Administration with respect 
to antibiotic drugs, in addition to other allocations for such purpose 
made from such total amount: Provided further, That of the total amount 
appropriated, $250,000 is available for the purpose of carrying out the 
responsibilities of the Food and Drug Administration with respect to 
food labeling within the meaning of section 403 of the Federal Food, 
Drug, and Cosmetic Act, in addition to other allocations for such 
purpose made from such total amount.
    In addition, $2,950,000, solely for carrying out section 804 of the 
Federal Food, Drug, and Cosmetic Act, to be available only after the 
requirements of section 804(l) have been satisfied.
    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, 
$34,281,000, 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, $70,700,000, including not 
to exceed $2,000 for official reception and representation expenses.

                       Farm Credit Administration

                 limitation of administrative expenses

    Not to exceed $36,700,000 (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 2002 under this Act shall be available for 
the purchase, in addition to those specifically provided for, of not to 
exceed 379 passenger motor vehicles, of which 378 shall be for 
replacement only, and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Not less than $1,500,000 of the appropriations of the 
Department of Agriculture in this Act for research and service work 
authorized by sections 1 and 10 of the Act of June 29, 1935 (7 U.S.C. 
427, 427i; commonly known as the Bankhead-Jones Act), subtitle A of 
title II and section 302 of the Act of August 14, 1946 (7 U.S.C. 1621 
et seq.), and chapter 63 of title 31, United States Code, shall be 
available for contracting in accordance with such Acts and chapter.
    Sec. 704. The Secretary of Agriculture may transfer unobligated 
balances of funds appropriated by this Act or other available 
unobligated balances of the Department of Agriculture to the Working 
Capital Fund for the acquisition of plant and capital equipment 
necessary for the delivery of financial, administrative, and 
information technology services of primary benefit to the agencies of 
the Department of Agriculture: Provided, That none of the funds made 
available by this Act or any other Act shall be transferred to the 
Working Capital Fund without the prior approval of the agency 
administrator: Provided further, That none of the funds transferred to 
the Working Capital Fund pursuant to this section shall be available 
for obligation without the prior approval of the Committees on 
Appropriations of both Houses of Congress.
    Sec. 705. New obligational authority provided for the following 
appropriation items in this Act shall remain available until expended: 
Animal and Plant Health Inspection Service, the contingency fund to 
meet emergency conditions, fruit fly program, integrated systems 
acquisition project, boll weevil program, up to 25 percent of the 
screwworm program, and up to $2,000,000 for costs associated with 
colocating regional offices; Food Safety and Inspection Service, field 
automation and information management project; Cooperative State 
Research, Education, and Extension Service, funds for competitive 
research grants (7 U.S.C. 450i(b)), funds for the Research, Education 
and Economics Information System (REEIS), and funds for the Native 
American Institutions Endowment Fund; Farm Service Agency, salaries and 
expenses funds made available to county committees; Foreign 
Agricultural Service, middle-income country training program and up to 
$2,000,000 of the Foreign Agricultural Service appropriation solely for 
the purpose of offsetting fluctuations in international currency 
exchange rates, subject to documentation by the Foreign Agricultural 
Service.
    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b).
    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 2002 
shall remain available until expended to cover obligations made in 
fiscal year 2002 for the following accounts: the Rural Development Loan 
Fund program account; the Rural Telephone Bank program 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; the 
Grain Inspection, Packers and Stockyards Administration; the Animal and 
Plant Health Inspection Service; and the food safety activities of the 
Food Safety and Inspection Service may use cooperative agreements to 
reflect a relationship between the 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 (including 
provisions of law requiring competition), the Secretary of Agriculture 
may hereafter enter into cooperative agreements (which may provide for 
the acquisition of goods or services, including personal services) with 
a State, political subdivision, or agency thereof, a public or private 
agency, organization, or any other 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: Provided, That Commodity Credit Corporation funds obligated 
for such purposes shall not exceed the level obligated by the Commodity 
Credit Corporation for such purposes in fiscal year 1998.
    Sec. 715. None of the funds in this Act may be used to retire more 
than 5 percent of the Class A stock of the Rural Telephone Bank or to 
maintain any account or subaccount within the 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.
    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 Committees 
on Appropriations of both Houses of Congress.
    Sec. 721. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2002, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds which: (1) creates new programs; (2) eliminates 
a program, project, or activity; (3) increases funds or personnel by 
any means for any project or activity for which funds have been denied 
or 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 Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in fiscal year 2002, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture shall notify the Committees on 
Appropriations of both Houses of Congress before implementing a program 
or activity not carried out during the previous fiscal year unless the 
program or activity is funded by this Act or specifically funded by any 
other Act.
    Sec. 722. With the exception of funds needed to administer and 
conduct oversight of grants awarded and obligations incurred prior to 
enactment of this Act, none of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out section 793 of Public Law 104-127, 
the Fund for Rural America (7 U.S.C. 2204f).
    Sec. 723. With the exception of funds needed to administer and 
conduct oversight of grants awarded and obligations incurred prior to 
enactment of this Act, none of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out the provisions of section 401 of 
Public Law 105-185, the Initiative for Future Agriculture and Food 
Systems (7 U.S.C. 7621).
    Sec. 724. 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. 725. None of the funds appropriated by this Act or any other 
Act shall be used to pay the salaries and expenses of personnel who 
prepare or submit 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, Food and Drug Administration, 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 user fees proposals are not enacted prior to the date 
of the convening of a committee of conference for the fiscal year 2003 
appropriations Act.
    Sec. 726. None of the funds 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. 727. In addition to amounts otherwise appropriated or made 
available by this Act, $4,000,000 is appropriated for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships through the 
Congressional Hunger Center.
    Sec. 728. Hereafter, refunds or rebates received on an on-going 
basis from a credit card services provider under the Department of 
Agriculture's charge card programs may be deposited to and retained 
without fiscal year limitation in the Departmental Working Capital Fund 
established under 7 U.S.C. 2235 and used to fund management initiatives 
of general benefit to the Department of Agriculture bureaus and offices 
as determined by the Secretary of Agriculture or the Secretary's 
designee.
    Sec. 729. Notwithstanding section 412 of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1736f) any balances 
available to carry out title III of such Act as of the date of 
enactment of this Act, and any recoveries and reimbursements that 
become available to carry out title III of such Act, may be used to 
carry out title II of such Act.
    Sec. 730. Section 375(e)(6)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking 
``$25,000,000'' and inserting ``$26,000,000''.
    Sec. 731. None of the funds appropriated or otherwise made 
available by this Act shall be used to issue a notice of proposed 
rulemaking, to promulgate a proposed rule, or to otherwise change or 
modify the definition of ``animal'' in existing regulations pursuant to 
the Animal Welfare Act.
    Sec. 732. Notwithstanding any other provision of law, the City of 
Cabot, Arkansas, and the City of Coachella, California, shall be 
eligible for loans and grants provided through the Rural Community 
Advancement Program.
    Sec. 733. Notwithstanding any other provision of law, the Secretary 
shall consider the City of Casa Grande, Arizona, as meeting the 
requirements of a rural area in section 520 of the Housing Act of 1949 
(42 U.S.C. 1490).
    Sec. 734. Notwithstanding any other provision of law, the City of 
Saint Joseph, Missouri, shall be eligible for grants and loans 
administered by the rural development mission areas of the Department 
of Agriculture.
    Sec. 735. Notwithstanding any other provision of law, the Secretary 
of Agriculture shall consider the City of Hollister, California, as 
meeting the requirements of a rural area for the purposes of housing 
programs in the rural development mission areas of the Department of 
Agriculture.
    Sec. 736. None of the funds appropriated or otherwise made 
available by this Act may be used to maintain, modify, or implement any 
assessment against agricultural producers as part of a commodity 
promotion, research, and consumer information order, known as a check-
off program, that has not been approved by the affected producers in 
accordance with the statutory requirements applicable to the order.
    Sec. 737. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Drug Analysis (recently renamed the Division of Pharmaceutical 
Analysis) in St. Louis, Missouri, except that funds could be used to 
plan a possible relocation of this Division within the city limits of 
St. Louis, Missouri.
    Sec. 738. 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, 2000; 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 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.

               market loss assistance for apple producers

    Sec. 739. (a) Assistance Available.--The Secretary of Agriculture 
shall use $150,000,000 of funds of the Commodity Credit Corporation to 
make payments as soon as possible after the date of the enactment of 
this Act to apple producers to provide relief for the loss of markets 
for their 2000 crop.
    (b) Payment Basis.--The amount of the payment to a producer under 
subsection (a) shall be made on a per pound basis equal to each 
qualifying producer's 2000 production of apples, except that the 
Secretary shall not make payments for that amount of a particular 
farm's apple production that is in excess of 20,000,000 pounds.
    (c) Duplicative Payments.--A producer shall be ineligible for 
payments under this section with respect to a market loss for apples to 
the extent of that amount that the producer received as compensation or 
assistance for the same loss under any other Federal program, other 
than under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
    (d) Other Terms and Conditions.--The Secretary shall not establish 
any terms or conditions for producer eligibility, such as limits based 
upon gross income, other than those specified in this section.
    (e) Applicability.--This section applies only with respect to the 
2000 crop of apples and producers of that crop.
    Sec. 740. Of any shipments of commodities made pursuant to section 
416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the 
Secretary of Agriculture shall, to the extent practicable, direct that 
tonnage equal in value to not more than $25,000,000 shall be made 
available to foreign countries to assist in mitigating the effects of 
the Human Immunodeficiency Virus and Acquired Immune Deficiency 
Syndrome on communities, including the 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. 741. None of the funds appropriated or otherwise made 
available by this Act shall be used to eliminate the two river 
navigator positions, including the contract position, for the Hudson 
River and Upper Susquehanna/Lackawanna Rivers or to alter the tasks 
assigned to the persons filling such positions.
    Sec. 742. The amounts otherwise provided by this Act are revised by 
increasing the total amount provided in title II under the heading 
``watershed and flood prevention operations'' (to be used to carry out 
section 14 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1012), as added by section 313 of Public Law 106-472 (114 Stat. 
2077)), and none of the funds made available in this Act may be used to 
pay the salaries of personnel of the Department of Agriculture who 
carry out the programs authorized by section 524(a) of the Federal Crop 
Insurance Act (7 U.S.C. 1524) in excess of a total of $3,600,000 for 
all such programs for fiscal year 2002, by $5,400,000.
    Sec. 743. None of the amounts made available in this Act for the 
Food and Drug Administration may be used under section 801 of the 
Federal Food, Drug, and Cosmetic Act to prevent an individual who is 
not in the business of importing prescription drugs within the meaning 
of section 801(g) of such Act from importing a prescription drug that: 
(1) appears to be FDA-approved; (2) does not appear to be a narcotic 
drug; and (3) appears to be manufactured, prepared, propagated, 
compounded, or processed in an establishment registered pursuant to 
section 510 of such Act.
    Sec. 744. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly know as the ``Buy American Act'').
    Sec. 745. For an additional amount for the Secretary of Agriculture 
to carry out section 311 of the Older Americans Act of 1965, and the 
amount otherwise provided by this Act for ``Agriculture Buildings and 
Facilities and Rental Payments'' is hereby reduced by, $10,000,000.
    Sec. 746. Of the amounts appropriated in this Act in the item 
relating to ``DEPARTMENT OF HEALTH AND HUMAN SERVICES--Food and Drug 
Administration--salaries and expenses'', the amount appropriated in the 
second undesignated paragraph of such item (relating to section 804 of 
the Federal Food, Drug, and Cosmetic Act) is transferred and made 
available as an additional appropriation under the first undesignated 
paragraph of such item.
    Sec. 747. Of the amounts appropriated in this Act for carrying out 
the responsibilities of the Food and Drug Administration with respect 
to abbreviated applications for the approval of new drugs under section 
505(j) of the Federal Food, Drug, and Cosmetic Act, $1,000,000 is 
available for the purpose of carrying out section 314.53(b) of title 
21, Code of Federal Regulations, in addition to any other allocation 
for carrying out such section 314.53(b) made from amounts appropriated 
in this Act for the Food and Drug Administration.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2002''.

            Passed the House of Representatives July 11, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                               H. R. 2330

_______________________________________________________________________

                                 AN ACT

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2002, and for other purposes.