Text: H.R.4461 — 106th Congress (1999-2000)All Information (Except Text)

Text available as:

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Public Law No: 106-387 (10/28/2000)

 
[106th Congress Public Law 387]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ387.106]


[[Page 114 STAT. 1549]]

Public Law 106-387
106th Congress

                                 An Act


 
Making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year ending 
      September 30, 2001, and for other purposes. <<NOTE: Oct. 28, 
                         2000 -  [H.R. 4461]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Section 1. <<NOTE: Incorporation by reference.>>  (a) The provisions 
of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, 
are hereby enacted into law.

    (b) <<NOTE: Publication. 1 USC 112 note.>>  In publishing this Act 
in slip form and in the United States Statutes at Large pursuant to 
section 112 of title 1, United States Code, the Archivist of the United 
States shall include after the date of approval at the end an appendix 
setting forth the text of the bill referred to in subsection (a) of this 
section.

    Approved October 28, 2000.

LEGISLATIVE HISTORY--H.R. 4461:
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HOUSE REPORTS: No. 106-619 (Comm. on Appropriations) and No. 106-948 
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            June 29, July 10, 11, considered and passed House.
            July 18-20, considered and passed Senate, amended.
            Oct. 11, House agreed to conference report.
            Oct. 13, 18, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Oct. 28, Presidential statement.
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__________
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    ENDNOTE: The following appendix was added pursuant to the provisions 
of section 1 of this Act.

                                  <all>

[[Page 114 STAT. 1549A-1]]



                           APPENDIX--H.R. 5426

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies for the fiscal year 
ending September 30, 2001, and for other purposes, namely:

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing, and Marketing

                         Office of the Secretary

                     (including transfers of funds)

    For necessary expenses of the Office of the Secretary of 
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C. 
3109, $2,914,000: Provided, That not to exceed $11,000 of this amount 
shall be available for official reception and representation expenses, 
not otherwise provided for, as determined by the 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, $7,462,000.

                        national appeals division

    For necessary expenses of the National Appeals Division, including 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), of which not

[[Page 114 STAT. 1549A-2]]

to exceed $25,000 is for employment under 5 U.S.C. 3109, $12,421,000.

                  office of budget and program analysis

    For necessary expenses of the Office of Budget and Program Analysis, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
$5,000 is for employment under 5 U.S.C. 3109, $6,765,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, including employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to 
exceed $10,000 is for employment under 5 U.S.C. 3109, $10,051,000.

                      common computing environment

    For necessary expenses to acquire a Common Computing Environment for 
the Natural Resources Conservation Service, the Farm and Foreign 
Agricultural Service and Rural Development mission areas for information 
technology, systems, and services, $40,000,000, to remain available 
until expended, for the capital asset acquisition of shared information 
technology systems, 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, $5,171,000: Provided, 
That the Chief Financial Officer shall actively market cross-servicing 
activities of the National Finance Center.

          Office of the Assistant Secretary for Administration

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Administration to carry out the programs funded by this 
Act, $629,000.

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for the operation, 
maintenance, improvement, and repair of

[[Page 114 STAT. 1549A-3]]

Agriculture buildings, $182,747,000, to remain available until expended: 
Provided, That in the event an agency within the Department should 
require modification of space needs, the Secretary of Agriculture may 
transfer a share of that agency's appropriation made available by this 
Act to this appropriation, or may transfer a share of this appropriation 
to that agency's appropriation, but such transfers shall not exceed 5 
percent of the funds made available for space rental and related costs 
to or from this account.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9601 et seq., and the Resource Conservation and 
Recovery Act, 42 U.S.C. 6901 et seq., $15,700,000, to remain available 
until expended: Provided, That appropriations and funds available herein 
to the Department for Hazardous Materials Management may be transferred 
to any agency of the Department for its use in meeting all requirements 
pursuant to the above Acts on Federal and non-Federal lands.

                       Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $36,010,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration and disaster management of the 
Department, repairs and alterations, and other miscellaneous supplies 
and expenses not otherwise provided for and necessary for the practical 
and efficient work of the Department, including employment pursuant to 
the second sentence of section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225), of which not to exceed $10,000 is for employment under 5 
U.S.C. 3109: Provided, That this appropriation shall be reimbursed from 
applicable appropriations in this Act for travel expenses incident to 
the holding of hearings as required by 5 U.S.C. 551-558.

               outreach for socially disadvantaged farmers

    For grants and contracts pursuant to section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 
$3,000,000, to remain available until expended.

      Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Congressional Relations to carry out the programs funded 
by this Act, including programs involving intergovernmental affairs and 
liaison within the executive branch, $3,568,000: Provided, That these 
funds may be transferred to agencies of the Department of Agriculture 
funded by this Act to maintain personnel

[[Page 114 STAT. 1549A-4]]

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, $8,623,000, 
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, $68,867,000, including such sums as may be necessary for 
contracting and other arrangements with public agencies and private 
persons pursuant to section 6(a)(9) of the Inspector General Act of 
1978, including not to exceed $50,000 for employment under 5 U.S.C. 
3109; and including not to exceed $125,000 for certain confidential 
operational expenses, including the payment of informants, to be 
expended under the direction of the Inspector General pursuant to Public 
Law 95-452 and section 1337 of Public Law 97-98.

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$31,080,000.

   Office of the Under Secretary for Research, Education and Economics

    For necessary salaries and expenses of the Office of the Under 
Secretary for Research, Education and Economics to administer the laws 
enacted by the Congress for the Economic Research Service, the National 
Agricultural Statistics Service, the Agricultural Research Service, and 
the Cooperative State Research, Education, and Extension Service, 
$556,000.

                        Economic Research Service

                      (including transfer of funds)

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, 
$67,038,000: Provided, That $1,000,000 shall be transferred to and 
merged with the appropriation for ``Food and Nutrition Service, Food 
Program Administration'' for studies and evaluations: Provided further, 
That this appropriation shall be available for employment pursuant to 
the second sentence of section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225).

[[Page 114 STAT. 1549A-5]]

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, including 
crop and livestock estimates, statistical coordination and improvements, 
marketing surveys, and the Census of Agriculture, as authorized by 7 
U.S.C. 1621-1627, Public Law 105-113, and other laws, $100,772,000, of 
which up to $15,000,000 shall be available until expended for the Census 
of Agriculture: Provided, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be 
available for employment under 5 U.S.C. 3109.

                      Agricultural Research Service

                          salaries and expenses

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percent 
of the total value of the land or interests transferred out of Federal 
ownership, $898,812,000: 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,

[[Page 114 STAT. 1549A-6]]

organization, or individual for the purpose of establishing or operating 
any research facility or research project of the Agricultural Research 
Service, as authorized by law.
    None of the funds in the foregoing paragraph shall be available to 
carry out research related to the production, processing or marketing of 
tobacco or tobacco products.
    In fiscal year 2001, the agency is authorized to charge fees, 
commensurate with the fair market value, for any permit, easement, 
lease, or other special use authorization for the occupancy or use of 
land and facilities (including land and facilities at the Beltsville 
Agricultural Research Center) issued by the agency, as authorized by 
law, and such fees shall be credited to this account, and shall remain 
available until expended for authorized purposes.

                        buildings and facilities

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $74,200,000, to 
remain available until expended (7 U.S.C. 2209b): Provided, That funds 
may be received from any State, other political subdivision, 
organization, or individual for the purpose of 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, 
$506,193,000, as follows: to carry out the provisions of the Hatch Act 
(7 U.S.C. 361a-i), $180,545,000; for grants for cooperative forestry 
research (16 U.S.C. 582a-a7), $21,932,000; for payments to the 1890 
land-grant colleges, including Tuskegee University (7 U.S.C. 3222), 
$32,676,000, of which $1,000,000 shall be made available to West 
Virginia State College Institute, West Virginia; for special grants for 
agricultural research (7 U.S.C. 450i(c)), $85,669,000; for special 
grants for agricultural research on improved pest control (7 U.S.C. 
450i(c)), $13,721,000; for competitive research grants (7 U.S.C. 
450i(b)), $106,000,000; for the support of animal health and disease 
programs (7 U.S.C. 3195), $5,109,000; for supplemental and alternative 
crops and products (7 U.S.C. 3319d), $800,000; for grants for research 
pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C. 
178) and section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 
3318), $640,000, to remain available until expended; for the 1994 
research program (7 U.S.C. 301 note), $1,000,000, to remain available 
until expended; for higher education graduate fellowship grants (7 
U.S.C. 3152(b)(6)), $3,000,000, to remain available until expended (7 
U.S.C. 2209b); for higher education challenge grants (7 U.S.C. 
3152(b)(1)), $4,350,000; for a higher education multicultural scholars 
program (7 U.S.C. 3152(b)(5)), $1,000,000, to remain available until 
expended (7 U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $3,500,000; for a program of 
noncompetitive grants, to be awarded on an equal basis, to

[[Page 114 STAT. 1549A-7]]

Alaska Native-serving and Native Hawaiian-serving Institutions to carry 
out higher education programs (7 U.S.C. 3242), $3,000,000; for a 
secondary agriculture education program and 2-year post-secondary 
education (7 U.S.C. 3152(h)), $800,000; for aquaculture grants (7 U.S.C. 
3322), $4,000,000; for sustainable agriculture research and education (7 
U.S.C. 5811), $9,250,000; for a program of capacity building grants (7 
U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act 
of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee 
University, $9,500,000, to remain available until expended (7 U.S.C. 
2209b); for payments to the 1994 Institutions pursuant to section 
534(a)(1) of Public Law 103-382, $1,552,000; and for necessary expenses 
of Research and Education Activities, of which not to exceed $100,000 
shall be for employment under 5 U.S.C. 3109, $18,149,000.
    None of the funds in the foregoing paragraph shall be available to 
carry out research related to the production, processing or marketing of 
tobacco or tobacco products: Provided, That this paragraph shall not 
apply to research on the medical, biotechnological, food, and industrial 
uses of tobacco.

               native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $7,100,000: Provided, That 
hereafter, any distribution of the adjusted income from the Native 
American Institutions Endowment Fund is authorized to be used for 
facility renovation, repair, construction, and maintenance, in addition 
to other authorized purposes.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa, 
$433,429,000, as follows: payments for cooperative extension work under 
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of 
said Act, and under section 208(c) of Public Law 93-471, for retirement 
and employees' compensation costs for extension agents and for costs of 
penalty mail for cooperative extension agents and State extension 
directors, $276,548,000; payments for extension work at the 1994 
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,280,000; 
payments for the nutrition and family education program for low-income 
areas under section 3(d) of the Act, $58,695,000; payments for the pest 
management program under section 3(d) of the Act, $10,783,000; payments 
for the farm safety program under section 3(d) of the Act, $4,000,000; 
payments to upgrade research, extension, and teaching facilities at the 
1890 land-grant colleges, including Tuskegee University, as authorized 
by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $12,200,000, to 
remain available until expended; payments for the rural development 
centers under section 3(d) of the Act, $908,000; payments for youth-at-
risk programs under section 3(d) of the Act, $8,500,000; for youth farm 
safety education and certification extension grants, to be awarded 
competitively under section 3(d) of the Act, $500,000; payments for 
carrying out the provisions of the Renewable Resources Extension Act of 
1978, $3,192,000; payments for Indian reservation agents under

[[Page 114 STAT. 1549A-8]]

section 3(d) of the Act, $2,000,000; payments for sustainable 
agriculture programs under section 3(d) of the Act, $3,800,000; payments 
for rural health and safety education as authorized by section 2390 of 
Public Law 101-624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments for 
cooperative extension work by the colleges receiving the benefits of the 
second Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University, 
$28,243,000, of which $1,000,000 shall be made available to West 
Virginia State College in Institute, West Virginia; and for Federal 
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and 
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and 
to coordinate and provide program leadership for the extension work of 
the Department and the several States and insular possessions, 
$18,152,000: Provided, That funds hereby appropriated pursuant to 
section 3(c) of the Act of June 26, 1953, and section 506 of the Act of 
June 23, 1972, shall not be paid to any State, the District of Columbia, 
Puerto Rico, Guam, or the 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), $41,941,000, as 
follows: payments for the water quality program, $13,000,000; payments 
for the food safety program, $15,000,000; payments for the national 
agriculture pesticide impact assessment program, $4,541,000; payments 
for the Food Quality Protection Act risk mitigation program for major 
food crop systems, $4,900,000; payments for the crops affected by Food 
Quality Protection Act implementation, $1,500,000; payments for the 
methyl bromide transition program, $2,500,000; and payments for the 
organic transition program, $500,000.

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary salaries and expenses of the Office of the Under 
Secretary for Marketing and Regulatory Programs to administer programs 
under the laws enacted by the Congress for the Animal and Plant Health 
Inspection Service; the Agricultural Marketing Service; and the Grain 
Inspection, Packers and Stockyards Administration; $635,000.

               Animal and Plant Health Inspection Service

                          salaries and expenses

                     (including transfers of funds)

    For expenses, not otherwise provided for, including those pursuant 
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to 
prevent, control, and eradicate pests and plant and animal diseases; to 
carry out inspection, quarantine, and regulatory activities; to 
discharge the authorities of the Secretary of Agriculture under

[[Page 114 STAT. 1549A-9]]

the Acts of March 2, 1931 (46 Stat. 1468) and December 22, 1987 (101 
Stat. 1329-1331) (7 U.S.C. 426-426c); and to protect the environment, as 
authorized by law, $530,564,000, of which $4,105,000 shall be available 
for the control of outbreaks of insects, plant diseases, animal diseases 
and for control of pest animals and birds to the extent necessary to 
meet emergency conditions; of which $59,400,000 shall be used for the 
boll weevil eradication program for cost share purposes or for debt 
retirement for active eradication zones: Provided, That no funds shall 
be used to 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: Provided 
further, That not to exceed $1,000,000 of the funds available under this 
heading for wildlife services methods development may be used by the 
Secretary of Agriculture to conduct pilot projects in up to four States 
representative of wildlife predation of livestock in connection with 
farming operations for direct assistance in the application of non-
lethal predation control methods: Provided further, That the General 
Accounting Office shall report to the Committees on Appropriations by 
November 30, 2001, on the Department's compliance with this provision 
and on the effectiveness of the non-lethal measures.
    In fiscal year 2001, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic and 
international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, or 
services provided to the entity by the agency, and such fees shall be 
credited to this account, to remain available until expended, without 
further appropriation, for providing such assistance, goods, or 
services.
    Of the total amount available under this heading in fiscal year 
2001, $85,000,000 shall be derived from user fees deposited in the 
Agricultural Quarantine Inspection User Fee Account.

[[Page 114 STAT. 1549A-10]]

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $9,870,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses to carry out services related to 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, $65,335,000, including funds for the wholesale market development 
program for the design and development of wholesale and farmer market 
facilities for the major metropolitan areas of the country: Provided, 
That this appropriation shall be available pursuant to law (7 U.S.C. 
2250) for the alteration and repair of buildings and improvements, but 
the cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building: 
Provided further, That, only after promulgation of a final rule on a 
National Organic Standards Program, $639,000 of this amount shall be 
available for the Expenses and Refunds, Inspection and Grading of Farm 
Products fund account for the cost of the National Organic Standards 
Program and such funds shall remain available until expended.
    Fees may be collected for the cost of standardization activities, as 
established by regulation pursuant to law (31 U.S.C. 9701).

                  limitation on administrative expenses

    Not to exceed $60,730,000 (from fees collected) shall be 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 $13,438,000 for formulation and 
administration of marketing agreements and orders pursuant to the 
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 
1961.

[[Page 114 STAT. 1549A-11]]

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,350,000.

         Grain Inspection, Packers and Stockyards Administration

                          salaries 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, $31,420,000: Provided, That this appropriation shall be 
available pursuant to law (7 U.S.C. 2250) for the alteration and repair 
of buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.

         limitation on inspection and weighing services expenses

    Not to exceed $42,557,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, That if grain export activities require additional supervision 
and oversight, or other uncontrollable factors occur, this limitation 
may be exceeded by up to 10 percent with notification to the Committees 
on Appropriations of both Houses of Congress.

              Office of the Under Secretary for Food Safety

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food Safety to administer the laws enacted by the Congress 
for the Food Safety and Inspection Service, $460,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out 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), $696,704,000, of which no 
less than $591,258,000 shall be available for Federal food inspection; 
and in addition, $1,000,000 may be credited to this account from fees 
collected for the cost of laboratory accreditation as authorized by 
section 1017 of Public Law 102-237: Provided, That not more than 
$2,500,000 of this appropriation may be used to implement section 752 of 
title VII of this Act: Provided further, That this appropriation shall 
be available for field employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
exceed $75,000 shall be available for employment under 5 U.S.C. 3109: 
Provided further, That this appropriation shall be available pursuant to 
law (7 U.S.C. 2250) for the alteration and repair of buildings

[[Page 114 STAT. 1549A-12]]

and improvements, but the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement value 
of the building: Provided further, That from amounts appropriated under 
this heading not needed for Federal food inspection, up to $6,000,000 
may be used to liquidate obligations incurred in previous years, to the 
extent approved by the Director of the Office of Management and Budget 
based on documentation provided by the Secretary of Agriculture.

Office of the Under Secretary for Farm and Foreign Agricultural Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Farm and Foreign Agricultural Services to administer the 
laws enacted by Congress for the Farm Service Agency, the Foreign 
Agricultural Service, the Risk Management Agency, and the Commodity 
Credit Corporation, $589,000.

                           Farm Service Agency

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$828,385,000: Provided, That the Secretary is authorized to use the 
services, facilities, and authorities (but not the funds) of the 
Commodity Credit Corporation to make program payments for all programs 
administered by the Agency: Provided further, That other funds made 
available to the Agency for authorized activities may be advanced to and 
merged with this account: Provided further, That these funds shall be 
available for employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$1,000,000 shall be available for employment under 5 U.S.C. 3109.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit Act 
of 1987 (7 U.S.C. 5101-5106), $3,000,000.

                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers for milk or cows producing such milk and manufacturers of 
dairy products who have been directed to remove their milk or dairy 
products from commercial markets because it contained residues of 
chemicals registered and approved for use by the Federal Government, and 
in making indemnity payments for milk, or cows producing such milk, at a 
fair market value to any dairy farmer who is directed to remove his milk 
from commercial markets because of: (1) the presence of products of 
nuclear radiation or fallout if such contamination is not due to the 
fault of the farmer; or (2) residues of chemicals or toxic substances 
not included under the first sentence of the Act of August 13, 1968 (7 
U.S.C. 450j), if such chemicals or toxic substances were

[[Page 114 STAT. 1549A-13]]

not used in a manner contrary to applicable regulations or labeling 
instructions provided at the time of use and the contamination is not 
due to the fault of the farmer, $450,000, to remain available until 
expended (7 U.S.C. 2209b): Provided, That none of the funds contained in 
this Act shall be used to make indemnity payments to any farmer whose 
milk was removed from commercial markets as a result of the farmer's 
willful failure to follow procedures prescribed by the Federal 
Government: Provided further, That this amount shall be transferred to 
the Commodity Credit Corporation: Provided further, That the Secretary 
is authorized to utilize the services, facilities, and authorities of 
the Commodity Credit Corporation for the purpose of making dairy 
indemnity disbursements.

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available 
from funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $998,000,000, of which $870,000,000 shall be for 
guaranteed loans; operating loans, $1,972,741,000, of which 
$1,077,839,000 shall be for unsubsidized guaranteed loans and 
$369,902,000 shall be for subsidized guaranteed loans; Indian tribe land 
acquisition loans as authorized by 25 U.S.C. 488, $2,006,000; for 
emergency insured loans, $25,000,000 to meet the needs resulting from 
natural disasters; and for boll weevil 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, $18,223,000, of which 
$4,437,000 shall be for guaranteed loans; operating loans, $92,310,000, 
of which $14,770,000 shall be for unsubsidized guaranteed loans and 
$30,185,000 shall be for subsidized guaranteed loans; Indian tribe land 
acquisition loans as authorized by 25 U.S.C. 488, $323,000; and for 
emergency insured loans, $6,133,000 to meet the needs resulting from 
natural disasters.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $269,454,000, of which $265,315,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs with the prior 
approval of the Committees on Appropriations of both Houses of Congress.

                         Risk Management Agency

    For administrative and operating expenses, as authorized by the 
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933), 
$65,597,000: Provided, That not to exceed $700 shall be available for 
official reception and representation expenses, as authorized by 7 
U.S.C. 1506(i).

[[Page 114 STAT. 1549A-14]]

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act, such sums as may be necessary, to remain available until 
expended (7 U.S.C. 2209b).

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

    For fiscal year 2001, such sums as may be necessary to reimburse the 
Commodity Credit Corporation for net realized losses sustained, but not 
previously reimbursed, pursuant to section 2 of the Act of August 17, 
1961 (15 U.S.C. 713a-11).

        operations and maintenance for hazardous waste management

    For fiscal year 2001, the Commodity Credit Corporation shall not 
expend more than $5,000,000 for site investigation and cleanup expenses, 
and operations and maintenance expenses to comply with the requirement 
of section 107(g) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9607(g)), and section 6001 of 
the Resource Conservation and Recovery Act (42 U.S.C. 6961).

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

    For necessary salaries and expenses of the Office of the Under 
Secretary for Natural Resources and Environment to administer the laws 
enacted by the Congress for the Forest Service and the Natural Resources 
Conservation Service, $711,000: Provided, That none of the funds 
appropriated or otherwise made available by this Act or any other Act 
shall be available to the Office of the Under Secretary for Natural 
Resources and Environment for the supervision, management, or direction 
of the Forest Service or the Natural Resources Conservation Service 
until January 20, 2001: Provided further, That the Chiefs of the Forest 
Service and the Natural Resources Conservation Service shall report 
directly to the Secretary of Agriculture until January 20, 2001.

[[Page 114 STAT. 1549A-15]]

                 Natural Resources Conservation Service

                         conservation operations

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f ), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$714,116,000, to remain available until expended (7 U.S.C. 2209b), of 
which not less than $5,990,000 is for snow survey and water forecasting 
and not less than $9,125,000 is for operation and establishment of the 
plant materials centers: Provided, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for construction and improvement 
of buildings and public improvements at plant materials centers, except 
that the cost of alterations and improvements to other buildings and 
other public improvements shall not exceed $250,000: Provided further, 
That not to exceed $2,000,000 of this amount shall be available for the 
Urban Resources Partnership program, of which $1,000,000 shall be 
available only after promulgation of a final rule on this program: 
Provided further, That not to exceed $204,000 of this amount shall be 
available for American Heritage Rivers: Provided further, That when 
buildings or other structures are erected on non-Federal land, that the 
right to use such land is obtained as provided in 7 U.S.C. 2250a: 
Provided further, That this appropriation shall be available for 
technical assistance and related expenses to carry out programs 
authorized by section 202(c) of title II of the Colorado River Basin 
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That 
this appropriation shall be available for employment pursuant to the 
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), and not to exceed $25,000 shall be available for employment under 
5 U.S.C. 3109: Provided further, That qualified local engineers may be 
temporarily employed at per diem rates to perform the technical planning 
work of the Service (16 U.S.C. 590e-2).

                     watershed surveys and planning

    For necessary expenses to conduct research, investigation, and 
surveys of watersheds of rivers and other waterways, and for small 
watershed investigations and planning, in accordance with the Watershed 
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 
1001-1009), $10,868,000: Provided, That not to exceed $136,000 shall be 
available for American Heritage Rivers: Provided further, That this 
appropriation shall be available for employment pursuant to the second 
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
and not to exceed $110,000 shall be available for employment under 5 
U.S.C. 3109.

[[Page 114 STAT. 1549A-16]]

                watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing works 
and changes in use of land, in accordance with the Watershed Protection 
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005 
and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 
590a-f ), and in accordance with the provisions of laws relating to the 
activities of the Department, $99,443,000, to remain available until 
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available 
for the watersheds authorized under the Flood Control Act approved June 
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to 
exceed $44,423,000 of this appropriation shall be available for 
technical assistance: Provided further, That this appropriation shall be 
available for employment pursuant to the second sentence of section 
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
$200,000 shall be available for employment under 5 U.S.C. 3109: Provided 
further, That not to exceed $1,000,000 of this appropriation is 
available to carry out the purposes of the Endangered Species Act of 
1973 (Public Law 93-205), including cooperative efforts as contemplated 
by that Act to relocate endangered or threatened species to other 
suitable habitats as may be necessary to expedite project construction: 
Provided further, That of the funds available for Emergency Watershed 
Protection activities, $8,000,000 shall be available for Ohio, New 
Mexico, Mississippi, and Wisconsin for financial and technical 
assistance for pilot rehabilitation projects of small, upstream dams 
built under the Watershed and Flood Prevention Act of 1954, Public Law 
83-566 (16 U.S.C. 1001 et seq.); section 13 of the Flood Control Act of 
1944, Public Law 78-534 (33 U.S.C. 701b-1); the pilot watershed program 
authorized under the heading ``FLOOD PREVENTION'' of the Department of 
Agriculture Appropriations Act, 1954, Public Law 83-156 (67 Stat. 214); 
and subtitle H of title XV of the Agriculture and Food Act of 1981 (16 
U.S.C. 3451 et seq.): Provided further, That the amount of Federal funds 
that may be made available to an eligible local organization for 
construction of a particular rehabilitation project shall be equal to 65 
percent of the total rehabilitation costs, but not to exceed 100 percent 
of actual construction costs incurred in the rehabilitation: Provided 
further, That consistent with existing statute, rehabilitation 
assistance provided may not be used to perform operation and maintenance 
activities specified in the agreement for the covered water resource 
projects entered into between the Secretary and the eligible local 
organization responsible for the works of improvement.

                  resource conservation and development

    For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant to 
the provisions of section 32(e) of title III of the Bankhead-Jones Farm 
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 
(16 U.S.C. 590a-f ); and the Agriculture and Food Act of 1981 (16 U.S.C. 
3451-3461), $42,015,000, to remain available until expended (7 U.S.C. 
2209b): Provided, That this appropriation shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Organic Act of

[[Page 114 STAT. 1549A-17]]

1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for 
employment under 5 U.S.C. 3109.

                       forestry incentives program

    For necessary expenses, not otherwise provided for, to carry out the 
program of forestry incentives, as authorized by the Cooperative 
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical 
assistance and related expenses, $6,325,000, to remain available until 
expended, as authorized by that Act.

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under the laws 
enacted by the Congress for the Rural Housing Service, the Rural 
Business-Cooperative Service, and the Rural Utilities Service of the 
Department of Agriculture, $605,000.

                   rural community advancement program

    For the cost of direct loans, loan guarantees, and grants, as 
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for 
sections 381E-H, 381N, and 381O of the Consolidated Farm and Rural 
Development Act, $762,542,000, to remain available until expended, of 
which $53,225,000 shall be for rural community programs described in 
section 381E(d)(1) of such Act; of which $644,360,000 shall be for the 
rural utilities programs described in sections 381E(d)(2), 306C(a)(2), 
and 306D of such Act; and of which $64,957,000 shall be for the rural 
business and cooperative development programs described in section 
381E(d)(3) of such Act: Provided, That of the total amount appropriated 
in this account, $24,000,000 shall be for loans and grants to benefit 
Federally Recognized Native American Tribes, including grants for 
drinking and waste disposal systems pursuant to section 306C of such 
Act, of which $250,000 shall be available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development: Provided 
further, That of the amount appropriated for rural community programs, 
$6,000,000 shall be available for a Rural Community Development 
Initiative: Provided further, That such funds shall be used solely to 
develop the capacity and ability of private, nonprofit community-based 
housing and community development organizations serving low-income rural 
communities, including Federally Recognized Indian tribes to undertake 
projects to improve housing, community facilities, community and 
economic development projects in rural areas: Provided further, That 
such funds shall be made available to qualified private, nonprofit 
intermediary organizations (including tribal) proposing to carry out a 
program of financial and technical assistance to other public entities 
with a record of achievement in providing technical and financial 
assistance to housing and community development organizations in rural 
areas: Provided further, That such intermediary organizations shall 
provide matching

[[Page 114 STAT. 1549A-18]]

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 rural community programs, not to 
exceed $5,000,000 shall be for hazardous weather early warning systems: 
Provided further, That of the amount appropriated for the rural business 
and cooperative development programs, not to exceed $500,000 shall be 
made available for a grant to a qualified national organization to 
provide technical assistance for rural transportation in order to 
promote economic development; $5,000,000 shall be for rural partnership 
technical assistance grants; and $2,000,000 shall be for grants to 
Mississippi Delta Region counties: Provided further, That of the amount 
appropriated for rural utilities programs, not to exceed $20,000,000 
shall be for water and waste disposal systems to benefit the Colonias 
along the United States/Mexico borders, including grants pursuant to 
section 306C of such Act; not to exceed $20,000,000 shall be for water 
and waste disposal systems for rural and native villages in Alaska 
pursuant to section 306D of such Act, with up to 1 percent available to 
administer the program and up to 1 percent available to improve 
interagency coordination; not to exceed $16,215,000 shall be for 
technical assistance grants for rural waste systems pursuant to section 
306(a)(14) of such Act; and not to exceed $9,500,000 shall be for 
contracting with qualified national organizations for a circuit rider 
program to provide technical assistance for rural water systems: 
Provided further, That of the total amount appropriated, not to exceed 
$42,574,650 shall be available through June 30, 2001, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones; of which $34,704,000 shall be for the rural utilities programs 
described in section 381E(d)(2) of such Act; and of which $8,435,000 
shall be for the rural business and cooperative development programs 
described in section 381E(d)(3) of such Act.

                 rural development salaries and expenses

                     (including transfers of funds)

    For necessary expenses of administering Rural Development programs 
as authorized by the Rural Electrification Act of 1936; the Consolidated 
Farm and Rural Development Act; title V of the Housing Act of 1949; 
section 1323 of the Food Security Act of 1985; the Cooperative Marketing 
Act of 1926 for activities related to marketing aspects of cooperatives, 
including economic research findings, authorized by the Agricultural 
Marketing Act of 1946; for activities with institutions concerning the 
development and operation of agricultural cooperatives; and for 
cooperative agreements; $130,371,000: Provided, That this appropriation 
shall be available for employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
exceed $1,000,000 may be used for employment under 5 U.S.C. 3109: 
Provided further, That not more than $10,000 may be expended to provide 
modest nonmonetary awards to non-USDA employees: Provided further, That 
any balances available from prior years for the Rural Utilities Service, 
Rural Housing Service, and the Rural Business-Cooperative Service 
salaries and expenses accounts shall be transferred to and merged with 
this account.

[[Page 114 STAT. 1549A-19]]

                          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: 
$4,800,000,000 for loans to section 502 borrowers, as determined by the 
Secretary, of which $3,700,000,000 shall be for unsubsidized guaranteed 
loans; $32,396,000 for section 504 housing repair loans; $100,000,000 
for section 538 guaranteed multi-family housing loans; $114,321,000 for 
section 515 rental housing; $5,152,000 for section 524 site loans; 
$11,780,000 for credit sales of acquired property, of which up to 
$1,780,000 may be for multi-family credit sales; and $5,000,000 for 
section 523 self-help housing land development loans: Provided, That of 
the total amount made available for loans to section 502 borrowers, up 
to $5,400,000 shall be available until expended for use under a 
demonstration program to be carried out by the Secretary of Agriculture 
in North Carolina to determine the timeliness, quality, suitability, 
efficiency, and cost of utilizing modular housing to house low-income 
and very low-income elderly families who: (1) have lost their housing 
because of a major disaster (as so declared by the President pursuant to 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act); 
and (2)(A) do not have homeowner's insurance; or (B) can not repay a 
direct loan that is provided under section 502 of the Housing Act of 
1949 with the maximum subsidy allowed for such loans: Provided further, 
That of the amounts made available for such demonstration program, 
$5,000,000 shall be for grants and $400,000 shall be for the cost (as 
defined in section 502 of the Congressional Budget Act of 1974) of 
loans, for such families to acquire modular housing.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $184,160,000 of which 
$7,400,000 shall be for unsubsidized guaranteed loans; section 504 
housing repair loans, $11,481,000; section 538 multi-family housing 
guaranteed loans, $1,520,000; section 515 rental housing, $56,326,000; 
multi-family credit sales of acquired property, $874,000; and section 
523 self-help housing land development loans, $279,000: Provided, That 
of the total amount appropriated in this paragraph, $13,832,000 shall be 
available through June 30, 2001, for authorized empowerment zones and 
enterprise communities and communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $409,233,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                        rental assistance program

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) or agreements entered into in lieu 
of debt forgiveness or payments for eligible households as authorized by 
section 502(c)(5)(D) of the Housing

[[Page 114 STAT. 1549A-20]]

Act of 1949, $680,000,000; and, in addition, such sums as may be 
necessary, as authorized by section 521(c) of the Act, to liquidate debt 
incurred prior to fiscal year 1992 to carry out the rental assistance 
program under section 521(a)(2) of the Act: Provided, That of this 
amount, not more than $5,900,000 shall be available for debt forgiveness 
or payments for eligible households as authorized by section 
502(c)(5)(D) of the Act, and not to exceed $10,000 per project for 
advances to nonprofit organizations or public agencies to cover direct 
costs (other than purchase price) incurred in purchasing projects 
pursuant to section 502(c)(5)(C) of the Act: Provided further, That 
agreements entered into or renewed during fiscal year 2001 shall be 
funded for a 5-year period, although the life of any such agreement may 
be extended to fully utilize amounts obligated.

                   mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available 
until expended (7 U.S.C. 2209b): Provided, That of the total amount 
appropriated, $1,000,000 shall be available through June 30, 2001, for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones.

                     rural housing assistance grants

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$44,000,000, to remain available until expended: Provided, That of the 
total amount appropriated, $5,000,000 shall be for a housing 
demonstration program for agriculture, aquaculture, and seafood 
processor workers: Provided further, That of the total amount 
appropriated, $1,200,000 shall be available through June 30, 2001, for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones.

                       farm labor program account

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $30,000,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

                   Rural Business-Cooperative Service

               rural development loan fund program account

                      (including transfer of funds)

    For the cost of direct loans, $19,476,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $2,036,000 
shall be for federally recognized Native American tribes and of which 
$4,072,000 shall be for Mississippi Delta Region counties (as defined by 
Public Law 100-460): Provided, That such costs, including the cost of 
modifying such loans, shall be as defined

[[Page 114 STAT. 1549A-21]]

in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans of $38,256,000: Provided 
further, That of the total amount appropriated, $3,216,000 shall be 
available through June 30, 2001, for the cost of direct loans for 
authorized empowerment zones and enterprise communities and communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $3,640,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

                     (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$15,000,000.
    For the cost of direct loans, including the cost of modifying loans 
as defined in section 502 of the Congressional Budget Act of 1974, 
$3,911,000, which shall be administered in accordance with the 
regulations utilized in fiscal year 2000.
    Of the funds derived from interest on the cushion of credit payments 
in fiscal year 2001, as authorized by section 313 of the Rural 
Electrification Act of 1936, $3,911,000 shall not be obligated and 
$3,911,000 are rescinded.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $6,500,000, of which $2,000,000 shall be available for 
cooperative agreements for the appropriate technology transfer for rural 
areas program: Provided, That not to exceed $1,500,000 of the total 
amount appropriated shall be made available to cooperatives or 
associations of cooperatives whose primary focus is to provide 
assistance to small, minority producers and whose governing board and/or 
membership is comprised of at least 75 percent minority.

                         Rural Utilities Service

   rural electrification and telecommunications loans program account

                      (including transfer of funds)

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans, $121,500,000; 5 percent rural 
telecommunications loans, $75,000,000; cost of money rural 
telecommunications loans, $300,000,000; municipal rate rural electric 
loans, $295,000,000; and loans made pursuant to section 306 of that Act, 
rural electric, $1,700,000,000 and rural telecommunications, 
$120,000,000; and $500,000,000 for Treasury rate direct electric loans.

[[Page 114 STAT. 1549A-22]]

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct and 
guaranteed loans authorized by the Rural Electrification Act of 1936 (7 
U.S.C. 935 and 936), as follows: cost of direct loans, $19,871,000; and 
cost of municipal rate loans, $20,503,000: Provided, That 
notwithstanding section 305(d)(2) of the Rural Electrification Act of 
1936, borrower interest rates may exceed 7 percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $34,716,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                  rural telephone bank program account

                      (including 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 2001 and within the 
resources and authority available, gross obligations for the principal 
amount of direct loans shall be $175,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct loans 
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935), 
$2,590,000.
    In addition, for administrative expenses, including audits, 
necessary to carry out the loan programs, $3,000,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

               distance learning and telemedicine program

    For the cost of direct loans and grants, as authorized by 7 U.S.C. 
950aaa et seq., $27,000,000, to remain available until expended, to be 
available for loans and grants for telemedicine and distance learning 
services in rural areas, and of which $2,000,000 may be available for a 
pilot program to finance broadband transmission and local dial-up 
Internet service in areas that meet the definition of ``rural area'' 
used for the Distance Learning and Telemedicine Program authorized by 7 
U.S.C. 950aaa: Provided, That the cost of direct loans shall be as 
defined in section 502 of the Congressional Budget Act of 1974.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

 Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food, Nutrition and Consumer Services to administer the 
laws enacted by the Congress for the Food and Nutrition Service, 
$570,000.

[[Page 114 STAT. 1549A-23]]

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    For necessary expenses to carry out the National School Lunch Act 
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; 
$9,541,539,000, to remain available through September 30, 2002, of which 
$4,413,960,000 is hereby appropriated and $5,127,579,000 shall be 
derived by transfer from funds available under section 32 of the Act of 
August 24, 1935 (7 U.S.C. 612c): Provided, That except as specifically 
provided under this heading, none of the funds made available under this 
heading shall be used for studies and evaluations: Provided further, 
That of the funds made available under this heading, up to $6,000,000 
shall be for school breakfast pilot projects, including the evaluation 
required under section 18(e) of the National School Lunch Act: Provided 
further, That of the funds made available under this heading, $500,000 
shall be for a School Breakfast Program startup grant pilot program for 
the State of Wisconsin: Provided further, That school food authorities 
in Ohio participating in a domestic food assistance program administered 
by the Secretary and preparing meals for use by other schools and 
institutions also participating in a domestic food assistance program, 
shall, with regard to such meals, not be subject to additional 
requirements under section 301(c) of the Federal Meat Inspection Act or 
section 5(c) of the Poultry Products Inspection Act: Provided further, 
That up to $4,511,000 shall be available for independent verification of 
school food service claims.

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

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $4,052,000,000, to remain available through 
September 30, 2002: Provided, That none of the funds made available 
under this heading shall be used for studies and evaluations: Provided 
further, That of the total amount available, the Secretary shall 
obligate $10,000,000 for the farmers' market nutrition program within 45 
days of the enactment of this Act, and an additional $10,000,000 for the 
farmers' market nutrition program from any funds not needed to maintain 
current caseload levels: Provided further, That notwithstanding section 
17(h)(10)(A) of such Act, up to $14,000,000 shall be available for the 
purposes specified in section 17(h)(10)(B), no less than $6,000,000 of 
which shall be used for the development of electronic benefit transfer 
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

[[Page 114 STAT. 1549A-24]]

reimbursed by other Federal Government departments or agencies unless 
authorized by section 17 of such Act: Provided further, That funds made 
available under this heading shall be made available for sites 
participating in the special supplemental nutrition program for women, 
infants, and children to determine whether a child eligible to 
participate in the program has received a blood lead screening test, 
using a test that is appropriate for age and risk factors, upon the 
enrollment of the child in the program.

                           food stamp program

    For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011 et seq.), $20,114,293,000, of which $100,000,000 shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That of the funds 
made available under this heading and not already appropriated to the 
Food Distribution Program on Indian Reservations (FDPIR) established 
under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)), not 
to exceed $3,000,000 shall be used to purchase bison for the FDPIR: 
Provided further, That the Secretary shall purchase such bison from 
Native American producers and Cooperative Oganizations without 
competition: Provided further, That none of the funds made available 
under this heading shall be used for studies and evaluations: Provided 
further, That funds provided herein shall be expended in accordance with 
section 16 of the Food Stamp Act: Provided further, That this 
appropriation shall be subject to any work registration or workfare 
requirements as may be required by law: Provided further, That not more 
than $194,000,000 may be reserved by the Secretary, notwithstanding 
section 16(h)(1)(A)(vi) of the Food Stamp Act of 1977 (7 U.S.C. 
2025(h)(1)(A)(vi)), for allocation to State agencies under section 
16(h)(1) of such Act to carry out Employment and Training programs: 
Provided further, That funds made available for Employment and Training 
under this heading shall remain available until expended, as authorized 
by section 16(h)(1) of the Food Stamp Act.

                      commodity assistance program

    For necessary expenses to carry out the commodity supplemental food 
program as authorized by section 4(a) of the Agriculture and Consumer 
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food 
Assistance Act of 1983, $140,300,000, to remain available through 
September 30, 2002: Provided, That none of these funds shall be 
available to reimburse the Commodity Credit Corporation for commodities 
donated to the program: 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), $20,781,000 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;

[[Page 114 STAT. 1549A-25]]

and section 311 of the Older Americans Act of 1965, $151,081,000, to 
remain available through September 30, 2002.

                       food program administration

    For necessary administrative expenses of the domestic food programs 
funded under this Act, $116,807,000, of which $5,000,000 shall be 
available only for simplifying procedures, reducing overhead costs, 
tightening regulations, improving food stamp benefit delivery, and 
assisting in the prevention, identification, and prosecution of fraud 
and other violations of law and of which not less than $4,500,000 shall 
be available to improve integrity in the Food Stamp and Child Nutrition 
programs: Provided, That this 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), $115,424,000: Provided, That the Service may utilize advances of 
funds, or reimburse this appropriation for expenditures made on behalf 
of Federal agencies, public and private organizations and institutions 
under agreements executed pursuant to the agricultural food production 
assistance programs (7 U.S.C. 1737) and the foreign assistance programs 
of the United States Agency for International Development.
    None of the funds in the foregoing paragraph shall be available to 
promote the sale or export of tobacco or tobacco products.

                 public law 480 title i program account

                     (including transfers of funds)

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of agreements under the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, including 
the cost of modifying credit arrangements under said Acts, $114,186,000, 
to remain available until expended.
    In addition, for administrative expenses to carry out the credit 
program of title I, Public Law 83-480, and the Food for Progress Act of 
1985, to the extent funds appropriated for Public Law 83-480 are 
utilized, $1,850,000, of which $1,035,000 may be transferred to and 
merged with the appropriation for ``Foreign Agricultural

[[Page 114 STAT. 1549A-26]]

Service, Salaries and Expenses'', and of which $815,000 may be 
transferred to and merged with the appropriation for ``Farm Service 
Agency, Salaries and Expenses''.

        public law 480 title i ocean freight differential grants

                     (including transfers of funds)

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance Act of 
1954, $20,322,000, to remain available until expended, for ocean freight 
differential costs for the shipment of agricultural commodities under 
title I of said Act: Provided, That funds made available for the cost of 
title I agreements and for title I ocean freight differential may be 
used interchangeably between the two accounts with prior notice to the 
Committees on Appropriations of both Houses of Congress.

                     public law 480 title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance Act of 
1954, $837,000,000, to remain available until expended, for commodities 
supplied in connection with dispositions abroad under title II of said 
Act.

        commodity credit corporation export loans program account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, $3,820,000; 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, of which $3,231,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $589,000 may 
be transferred to and merged with the 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

[[Page 114 STAT. 1549A-27]]

and approved by the Secretary and to be accounted for solely on the 
Secretary's certificate, not to exceed $25,000; $1,217,797,000, of which 
not to exceed $149,273,000 in prescription drug user fees authorized by 
21 U.S.C. 379(h) may be credited to this appropriation and remain 
available until expended: Provided, That fees derived from applications 
received during fiscal year 2001 shall be subject to the fiscal year 
2001 limitation: Provided further, That none of these funds shall be 
used to develop, establish, or operate any program of user fees 
authorized by 31 U.S.C. 9701: Provided further, That of the total amount 
appropriated: (1) $285,269,000 shall be for the Center for Food Safety 
and Applied Nutrition and related field activities in the Office of 
Regulatory Affairs; (2) $317,547,000 shall be for the Center for Drug 
Evaluation and Research and related field activities in the Office of 
Regulatory Affairs, of which no less than $12,534,000 shall be available 
for grants and contracts awarded under section 5 of the Orphan Drug Act 
(21 U.S.C. 360ee); (3) $140,489,000 shall be for the Center for 
Biologics Evaluation and Research and for related field activities in 
the Office of Regulatory Affairs; (4) $64,069,000 shall be for the 
Center for Veterinary Medicine and for related field activities in the 
Office of Regulatory Affairs; (5) $165,207,000 shall be for the Center 
for Devices and Radiological Health and for related field activities in 
the Office of Regulatory Affairs; (6) $35,568,000 shall be for the 
National Center for Toxicological Research; (7) $25,855,000 shall be for 
Rent and Related activities, other than the amounts paid to the General 
Services Administration; (8) $104,954,000 shall be for payments to the 
General Services Administration for rent and related costs; and (9) 
$78,839,000 shall be for other activities, including the Office of the 
Commissioner; the Office of Management and Systems; the Office of the 
Senior Associate Commissioner; the Office of International and 
Constituent Relations; the Office of Policy, Legislation, and Planning; 
and central services for these offices: Provided further, That funds may 
be transferred from one specified activity to another with the prior 
approval of the Committees on Appropriations of both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263(b) 
may be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of or used by the Food and 
Drug Administration, where not otherwise provided, $31,350,000, to 
remain available until expended (7 U.S.C. 2209b).

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles; the rental of space (to include multiple year 
leases) in the District of Columbia and

[[Page 114 STAT. 1549A-28]]

elsewhere; and not to exceed $25,000 for employment under 5 U.S.C. 3109, 
$68,000,000, including not to exceed $1,000 for official reception and 
representation expenses.

                       Farm Credit Administration

                  limitation on administrative expenses

    Not to exceed $36,800,000 (from assessments collected from farm 
credit institutions and from the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                      TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for fiscal 
year 2001 under this Act shall be available for the purchase, in 
addition to those specifically provided for, of not to exceed 389 
passenger motor vehicles, of which 385 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Not less than $1,500,000 of the appropriations of the 
Department of Agriculture in this Act for research and service work 
authorized by sections 1 and 10 of the Act of June 29, 1935 (7 U.S.C. 
427, 427i; commonly known as the Bankhead-Jones Act), subtitle A of 
title II and section 302 of the Act of August 14, 1946 (7 U.S.C. 1621 et 
seq.), and chapter 63 of title 31, United States Code, shall be 
available for contracting in accordance with such Acts and chapter.
    Sec. 704. The 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; funds appropriated for rental payments; 
Cooperative State Research, Education, and Extension Service, funds for 
competitive research grants (7 U.S.C. 450i(b)), funds for the Research, 
Education

[[Page 114 STAT. 1549A-29]]

and Economics Information System (REEIS), and funds for the Native 
American Institutions Endowment Fund; Farm Service Agency, salaries and 
expenses funds made available to county committees; Foreign Agricultural 
Service, middle-income country training program and up to $2,000,000 of 
the Foreign Agricultural Service appropriation solely for the purpose of 
offsetting fluctuations in international currency exchange rates, 
subject to documentation by the Foreign Agricultural Service.
    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b; commonly known as the 
Agricultural Act of 1954).
    Sec. 708. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available to 
restrict the authority of the Commodity Credit Corporation to lease 
space for its own use or to lease space on behalf of other agencies of 
the Department of Agriculture when such space will be jointly occupied.
    Sec. 710. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the Cooperative State 
Research, Education, and Extension Service that exceed 19 percent of 
total Federal funds provided under each award: Provided, That 
notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the Cooperative 
State Research, Education, and Extension Service shall be available to 
pay full allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 711. Notwithstanding any other provision of this Act, all loan 
levels provided in this Act shall be considered estimates, not 
limitations.
    Sec. 712. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in fiscal year 2001 
shall remain available until expended to cover obligations made in 
fiscal year 2001 for the following accounts: the rural development loan 
fund program account; the Rural Telephone Bank program account; the 
rural electrification and telecommunications loans program account; the 
Rural Housing Insurance Fund Program Account; and the rural economic 
development loans program account.
    Sec. 713. Notwithstanding chapter 63 of title 31, United States 
Code, marketing services of the Agricultural Marketing Service;

[[Page 114 STAT. 1549A-30]]

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

[[Page 114 STAT. 1549A-31]]

employee questions or responses to questions that are a result of 
information requested for the appropriations hearing process.
    Sec. 720. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be 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 2001, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds which: (1) creates new programs; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel by any means for 
any project or activity for which funds have been denied or restricted; 
(4) relocates an office or employees; (5) reorganizes offices, programs, 
or activities; or (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Committees on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in fiscal year 2001, or provided 
from any accounts in the Treasury of the United States derived by the 
collection of fees available to the agencies funded by this Act, shall 
be available for obligation or expenditure for activities, programs, or 
projects through a reprogramming of funds in excess of $500,000 or 10 
percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 10 
percent as approved by Congress; or (3) results from any general savings 
from a reduction in personnel which would result in a change in existing 
programs, activities, or projects as approved by Congress; unless the 
Committees on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.
    (c) The Secretary of Agriculture shall notify the Committees on 
Appropriations of both Houses of Congress before implementing a program 
or activity not carried out during the previous fiscal year unless the 
program or activity is funded by this Act or specifically funded by any 
other Act.
    Sec. 722. (a) Of the funds made available to the Secretary of 
Agriculture pursuant to section 793(b)(1) of Public Law 104-127 (7 
U.S.C. 2204f ) for the 2000 fiscal year--
            (1) $30,000,000 shall be available to be obligated for any 
        purpose authorized under section 793 of that Act during the 2001 
        fiscal year; and

[[Page 114 STAT. 1549A-32]]

            (2) $30,000,000 shall be available to be obligated for any 
        purpose authorized under section 793 of that Act during the 2002 
        fiscal year.

    (b) None of the funds appropriated or otherwise made available by 
this Act or any other Act may be used to pay the salaries and expenses 
of personnel to carry out the transfer or obligation of fiscal year 2001 
funds under section 793 of Public Law 104-127 (7 U.S.C. 2204f ).
    Sec. 723. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
who carry out an environmental quality incentives program authorized by 
chapter 4 of subtitle D of title XII of the Food Security Act of 1985 
(16 U.S.C. 3839aa et seq.) in excess of $174,000,000.
    Sec. 724. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out the transfer or obligation of fiscal year 2001 
funds under the provisions of section 401 of Public Law 105-185, the 
Initiative for Future Agriculture and Food Systems (7 U.S.C. 7621): 
Provided, That notwithstanding section 401(d) of Public Law 105-185, any 
appropriation or funds available to the Secretary of Agriculture to make 
grants under section 401 of Public Law 105-185 shall be used only to 
make grants to Hispanic-serving institutions (as defined in 20 U.S.C. 
1101a(5)); West Virginia State College in Institute; and the 1862 
institutions, 1890 institutions, and 1994 institutions, as defined in 
section 2 of Public Law 105-185 (7 U.S.C. 7601), or research foundations 
maintained by such institutions.
    Sec. 725. Hereafter, none of the funds made available to the 
Department of Agriculture shall be used to carry out any commodity 
purchase program that would prohibit eligibility or participation by 
farmer-owned cooperatives.
    Sec. 726. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to carry out a conservation farm option program, as authorized by 
section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb).
    Sec. 727. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Drug Analysis (recently renamed the Division of Pharmaceutical Analysis) 
in St. Louis, Missouri, except that funds could be used to plan a 
possible relocation of this Division within the city limits of St. 
Louis, Missouri.
    Sec. 728. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to reduce the Detroit, 
Michigan, Food and Drug Administration District Office below the 
operating and full-time equivalent staffing level of July 31, 1999; or 
to change the Detroit District Office to a station, residence post or 
similarly modified office; or to reassign residence posts assigned to 
the Detroit District Office: Provided, That this section shall not apply 
to Food and Drug Administration field laboratory facilities or 
operations currently located in Detroit, Michigan, except that field 
laboratory personnel shall be assigned to locations in the general 
vicinity of Detroit, Michigan, pursuant to cooperative agreements 
between the Food and Drug Administration and other laboratory facilities 
associated with the State of Michigan.

[[Page 114 STAT. 1549A-33]]

    Sec. 729. Hereafter, none of the funds appropriated by this Act or 
any other Act may be used to:
            (1) carry out the proviso under 7 U.S.C. 1622(f ); or
            (2) carry out 7 U.S.C. 1622(h) unless the Secretary of 
        Agriculture inspects and certifies agricultural processing 
        equipment, and imposes a fee for the inspection and 
        certification, in a manner that is similar to the inspection and 
        certification of agricultural products under that section, as 
        determined by the Secretary: Provided, That this provision shall 
        not affect the authority of the Secretary to carry out the 
        Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry 
        Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg 
        Products Inspection Act (21 U.S.C. 1031 et seq.).

    Sec. 730. None of the funds appropriated by this Act or any other 
Act shall be used to pay the salaries and expenses of personnel who 
prepare or submit appropriations language as part of the President's 
Budget submission to the Congress of the United States for programs 
under the jurisdiction of the Appropriations Subcommittees on 
Agriculture, Rural Development, and Related Agencies that assumes 
revenues or reflects a reduction from the previous year due to user fees 
proposals that have not been enacted into law prior to the submission of 
the Budget unless such Budget submission identifies which additional 
spending reductions should occur in the event the user fees proposals 
are not enacted prior to the date of the convening of a committee of 
conference for the fiscal year 2002 appropriations Act.
    Sec. 731. None of the funds appropriated or otherwise made available 
by this Act shall be used to establish an Office of Community Food 
Security or any similar office within the United States Department of 
Agriculture without the prior approval of the Committees on 
Appropriations of both Houses of Congress.
    Sec. 732. None of the funds appropriated or otherwise made available 
by this or any other Act may be used to carry out provision of section 
612 of Public Law 105-185.
    Sec. 733. None of the funds appropriated by this Act shall be used 
to propose or issue rules, regulations, decrees, or orders for the 
purpose of implementation, or in preparation for implementation, of the 
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan.
    Sec. 734. None of the funds appropriated or otherwise made available 
by this Act may be used to declare excess or surplus all or part of the 
lands and facilities owned by the Federal Government and administered by 
the Secretary of Agriculture at Fort Reno, Oklahoma, or to transfer or 
convey such lands or facilities prior to July 1, 2001, without the 
specific authorization of Congress.
    Sec. 735. None of the funds appropriated or otherwise made available 
by this Act or any other Act shall be used for the implementation of a 
Support Services Bureau or similar organization.
    Sec. 736. Notwithstanding any other provision of law, for any fiscal 
year, in the case of a high cost, isolated rural area of the State of 
Alaska that is not connected to a road system--
            (1) in the case of assistance provided by the Rural Housing 
        Service for single family housing under title V of the Housing 
        Act of 1949 (7 U.S.C. 1471 et seq.), the maximum income level 
        for the assistance shall be 150 percent of the average income 
        level in metropolitan areas of the State;

[[Page 114 STAT. 1549A-34]]

            (2) in the case of community facility loans and grants 
        provided under paragraphs (1) and (19), respectively, of section 
        306(a) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1926(a)) and assistance provided under programs carried 
        out by the Rural Utilities Service, the maximum income level for 
        the loans, grants, and assistance shall be 150 percent of the 
        average income level in nonmetropolitan areas of the State;
            (3) in the case of a business and industry guaranteed loan 
        made under section 310B(a)(1) of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 1932(a)(1)), to the extent permitted 
        under that Act, the Secretary of Agriculture shall--
                    (A) guarantee the repayment of 90 percent of the 
                principal and interest due on the loan; and
                    (B) charge a loan origination and servicing fee in 
                an amount not to exceed 1 percent of the amount of the 
                loan; and
            (4) in the case of assistance provided under the Rural 
        Community Development Initiative for fiscal year 2001 carried 
        out under the rural community advancement program established 
        under subtitle E of the Consolidated Farm and Rural Development 
        Act (7 U.S.C. 2009 et seq.), the median household income level, 
        and the not employed rate, with respect to applicants for 
        assistance under the Initiative shall be scored on a community-
        by-community basis.

    Sec. 737. Notwithstanding any other provision of law, the Town of 
Lloyd, New York, and the Town of Thompson, New York, shall be eligible 
for loans and grants provided through the Rural Community Advancement 
Program.
    Sec. 738. Hereafter, notwithstanding any other provision of law, no 
housing or residence in a foreign country purchased by an agent or 
instrumentality of the United States, for the purpose of housing the 
agricultural attache, shall be sold or disposed of without the approval 
of the Foreign Agricultural Service of the United States Department of 
Agriculture, including property purchased using foreign currencies 
generated under the Agricultural Trade Development and Assistance Act of 
1954 (Public Law 480) and used or occupied by agricultural attaches of 
the Foreign Agricultural Service: Provided, That the Department of 
State/Office of Foreign Buildings may sell such properties with the 
concurrence of the Foreign Agricultural Service if the proceeds are used 
to acquire suitable properties of appropriate size for Foreign 
Agricultural Service agricultural attaches: Provided further, That the 
Foreign Agricultural Service shall have the right to occupy such 
residences in perpetuity with costs limited to appropriate maintenance 
expenses.
    Sec. 739. Hereafter, notwithstanding section 502(h)(7) of the 
Housing Act of 1949 (42 U.S.C. 1472(h)(7)), the fee collected by the 
Secretary of Agriculture with respect to a guaranteed loan under such 
section 502(h) at the time of the issuance of such guarantee may be in 
an amount equal to not more than 2 percent of the principal obligation 
of the loan.
    Sec. 740. Hereafter, funds appropriated to the Department of 
Agriculture may be used to employ individuals by contract for services 
outside the United States as determined by the agencies to be necessary 
or appropriate for carrying out programs and activities abroad; and such 
contracts are authorized to be negotiated,

[[Page 114 STAT. 1549A-35]]

the terms of the contract to be prescribed, and the work to be 
performed, where necessary, without regard to such statutory provisions 
as relate to the negotiation, making and performance of contracts and 
performance of work in the United States. Individuals employed by 
contract to perform such services outside the United States shall not by 
virtue of such employment be considered to be employees of the United 
States Government for purposes of any law administered by the Office of 
Personnel Management. Such individuals may be considered employees 
within the meaning of the Federal Employee Compensation Act, 5 U.S.C. 
8101 et seq. Further, that Government service credit shall be accrued 
for the time employed under a Personal Service Agreement (PSA) should 
the individual later be hired into a permanent United States Government 
position within FAS or another United States Government agency if the 
authorities of the hiring agency so permit.
    Sec. 741. None of the funds made available by this Act or any other 
Act may be used to close or relocate a state Rural Development office 
unless or until cost effectiveness and enhancement of program delivery 
have been determined.
    Sec. 742. (a) In General.--Section 141 of the Agricultural Market 
Transition Act (7 U.S.C. 7251) is amended--
            (1) in subsection (b)(4), by striking ``and 2000''; and 
        inserting ``through 2001''; and
            (2) in subsection (h), by striking ``2000'' each place it 
        appears and inserting ``2001''.

    (b) Conforming Amendment.--Section 142(e) of the Agricultural Market 
Transition Act (7 U.S.C. 7252(e)) is amended by striking ``2001'' and 
inserting ``2002''.
    Sec. 743. Of any shipments of commodities made pursuant to section 
416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the Secretary 
of Agriculture shall, to the extent practicable, direct that tonnage 
equal in value to not more than $25,000,000 shall be made available to 
foreign countries to assist in mitigating the effects of the Human 
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome on 
communities, including the 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. 744. In addition to amounts otherwise appropriated or made 
available by this Act, $2,000,000 is appropriated for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships through the 
Congressional Hunger Center.
    Sec. 745. (a) Short Title.--This section may be cited as the 
``Medicine Equity and Drug Safety Act of 2000''.
    (b) Findings.--The Congress makes the following findings:
            (1) The cost of prescription drugs for Americans continues 
        to rise at an alarming rate.

[[Page 114 STAT. 1549A-36]]

            (2) Millions of Americans, including Medicare beneficiaries 
        on fixed incomes, face a daily choice between purchasing life-
        sustaining prescription drugs, or paying for other necessities, 
        such as food and housing.
            (3) Many life-saving prescription drugs are available in 
        countries other than the United States at substantially lower 
        prices, even though such drugs were developed and are approved 
        for use by patients in the United States.
            (4) Many Americans travel to other countries to purchase 
        prescription drugs because the medicines that they need are 
        unaffordable in the United States.
            (5) Americans should be able to purchase medicines at prices 
        that are comparable to prices for such medicines in other 
        countries, but efforts to enable such purchases should not 
        endanger the gold standard for safety and effectiveness that has 
        been established and maintained in the United States.

    (c) Amendment.--Chapter VIII of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 381 et seq.) is amended--
            (1) in section 801(d)(1), by inserting ``and section 804'' 
        after ``paragraph (2)''; and
            (2) by adding at the end the following:

                    ``importation of covered products

    ``Sec. 804. (a) Regulations.--The Secretary, after consultation with 
the United States Trade Representative and the Commissioner of Customs, 
shall promulgate regulations permitting pharmacists and wholesalers to 
import into the United States covered products.
    ``(b) Limitation.--Regulations under subsection (a) shall--
            ``(1) require that safeguards be in place to ensure that 
        each covered product imported pursuant to such subsection 
        complies with section 505 (including with respect to being safe 
        and effective for its intended use), with sections 501 and 502, 
        and with other applicable requirements of this Act;
            ``(2) require that an importer of a covered product pursuant 
        to subsection (a) comply with the applicable provisions of this 
        section, including subsection (d); and
            ``(3) contain any additional provisions determined by the 
        Secretary to be appropriate as a safeguard to protect the public 
        health or as a means to facilitate the importation of such 
        products.

    ``(c) Records.--Regulations under subsection (a) shall require that 
records regarding the importation of covered products pursuant to such 
subsection be provided to and maintained by the Secretary for a period 
of time determined to be necessary by the Secretary.
    ``(d) Importation.--Regulations under subsection (a) shall require 
an importer of a covered product pursuant to such subsection to provide 
to the Secretary the following information and records:
            ``(1) The name and amount of the active ingredient of such 
        product and description of the dosage form.
            ``(2) The date that the product is shipped and the quantity 
        of the product that is shipped, points of origin and destination 
        for the product, the price paid for the product by the importer, 
        and (once the product is distributed) the price for which such 
        product is sold by the importer.

[[Page 114 STAT. 1549A-37]]

            ``(3) Documentation from the foreign seller specifying the 
        original source of the product and the amount of each lot of the 
        product originally received.
            ``(4) The manufacturer's lot or control number of the 
        product imported.
            ``(5) The name, address, and telephone number of the 
        importer, including the professional license number of the 
        importer, if any.
            ``(6) For a product that is coming directly from the first 
        foreign recipient of the product from the manufacturer:
                    ``(A) Documentation demonstrating that such product 
                came from such recipient and was received by the 
                recipient from such manufacturer.
                    ``(B) Documentation of the amount of each lot of the 
                product received by such recipient to demonstrate that 
                the amount being imported into the United States is not 
                more than the amount that was received by the recipient.
                    ``(C) In the case of the initial imported shipment, 
                documentation demonstrating that each batch of such 
                shipment was statistically sampled and tested for 
                authenticity and degradation.
                    ``(D) In the case of all subsequent shipments from 
                such recipient, documentation demonstrating that a 
                statistically valid sample of such shipments was tested 
                for authenticity and degradation.
                    ``(E) Certification from the importer or 
                manufacturer of such product that the product is 
                approved for marketing in the United States and meets 
                all labeling requirements under this Act.
            ``(7) For a product that is not coming directly from the 
        first foreign recipient of the product from the manufacturer:
                    ``(A) Documentation demonstrating that each batch in 
                all shipments offered for importation into the United 
                States was statistically sampled and tested for 
                authenticity and degradation.
                    ``(B) Certification from the importer or 
                manufacturer of such product that the product is 
                approved for marketing in the United States and meets 
                all labeling requirements under this Act.
            ``(8) Laboratory records, including complete data derived 
        from all tests necessary to assure that the product is in 
        compliance with established specifications and standards.
            ``(9) Documentation demonstrating that the testing required 
        by paragraphs (6) through (8) was performed at a qualifying 
        laboratory (as defined in subsection (k)).
            ``(10) Any other information that the Secretary determines 
        is necessary to ensure the protection of the public health.

    ``(e) Testing.--Regulations under subsection (a)--
            ``(1) shall require that testing referred to in paragraphs 
        (6) through (8) of subsection (d) be conducted by the importer 
        of the covered product pursuant to subsection (a), or the 
        manufacturer of the product;
            ``(2) shall require that if such tests are conducted by the 
        importer, information needed to authenticate the product being 
        tested, and to confirm that the labeling of such product 
        complies with labeling requirements under this Act, be supplied 
        by the manufacturer of such product to the pharmacist or 
        wholesaler,

[[Page 114 STAT. 1549A-38]]

        and shall require that such information be kept in strict 
        confidence and used only for purposes of testing under this Act; 
        and
            ``(3) may include such additional provisions as the 
        Secretary determines to be appropriate to provide for the 
        protection of trade secrets and commercial or financial 
        information that is privileged or confidential.

    ``(f ) Country Limitation.--Regulations under subsection (a) shall 
provide that covered products may be imported pursuant to such 
subsection only from a country, union, or economic area that is listed 
in subparagraph (A) of section 802(b)(1) or designated by the Secretary, 
subject to such limitations as the Secretary determines to be 
appropriate to protect the public health.
    ``(g) Suspension of Importations.--The Secretary shall require that 
importations of specific covered products or importations by specific 
importers pursuant to subsection (a) be immediately suspended upon 
discovery of a pattern of importation of such products or by such 
importers that is counterfeit or in violation of any requirement 
pursuant to this section, until an investigation is completed and the 
Secretary determines that the public is adequately protected from 
counterfeit and violative covered products being imported pursuant to 
subsection (a).
    ``(h) Prohibited Agreements.--No manufacturer of a covered product 
may enter into a contract or agreement that includes a provision to 
prevent the sale or distribution of covered products imported pursuant 
to subsection (a).
    ``(i) Studies; Reports.--
            ``(1) Study by secretary.--
                    ``(A) In general.--The Secretary shall conduct, or 
                contract with an entity to conduct, a study on the 
                imports permitted pursuant to subsection (a), including 
                consideration of the information received under 
                subsection (d). In conducting such study, the Secretary 
                or entity shall--
                          ``(i) evaluate the compliance of importers 
                      with regulations under subsection (a), and the 
                      number of shipments pursuant to such subsection, 
                      if any, that have been determined to be 
                      counterfeit, misbranded, or adulterated, and 
                      determine how such compliance contrasts with the 
                      number of shipments of prescription drugs 
                      transported within the United States that have 
                      been determined to be counterfeit, misbranded, or 
                      adulterated; and
                          ``(ii) consult with the United States Trade 
                      Representative and the Commissioner of Patents and 
                      Trademarks to evaluate the effect of importations 
                      pursuant to subsection (a) on trade and patent 
                      rights under Federal law.
                    ``(B) Report.--Not later than 2 years after the 
                effective date of final regulations under subsection 
                (a), the Secretary shall prepare and submit to the 
                Congress a report describing the findings of the study 
                under subparagraph (A).
            ``(2) Study by general accounting office.--The Comptroller 
        General of the United States shall conduct a study to determine 
        the effect of this section on the price of covered products sold 
        to consumers at retail. Not later than 18 months after the 
        effective date of final regulations under subsection

[[Page 114 STAT. 1549A-39]]

        (a), the Comptroller General shall prepare and submit to the 
        Congress a report describing the findings of such study.

    ``( j) Construction.--Nothing in this section shall be construed to 
limit the statutory, regulatory, or enforcement authority of the 
Secretary relating to the importation of covered products, other than 
with respect to section 801(d)(1) as provided in this section.
    ``(k) Definitions.--
            ``(1) Covered product.--
                    ``(A) In general.--For purposes of this section, the 
                term `covered product' means a prescription drug, except 
                that such term does not include a controlled substance 
                in schedule I, II, or III under section 202(c) of the 
                Controlled Substances Act or a biological product as 
                defined in section 351 of the Public Health Service Act.
                    ``(B) Charitable contributions; parenteral drugs.--
                Notwithstanding any other provision of this section, 
                section 801(d)(1)--
                          ``(i) continues to apply to a covered product 
                      donated or otherwise supplied for free by the 
                      manufacturer of the drug to a charitable or 
                      humanitarian organization, including the United 
                      Nations and affiliates, or to a government of a 
                      foreign country; and
                          ``(ii) continues to apply to a covered product 
                      that is a parenteral drug the importation of which 
                      pursuant to subsection (a) is determined by the 
                      Secretary to pose a threat to the public health.
            ``(2) Other terms.--For purposes of this section:
                    ``(A) The term `importer' means a pharmacist or 
                wholesaler.
                    ``(B) The term `pharmacist' means a person licensed 
                by a State to practice pharmacy, including the 
                dispensing and selling of prescription drugs.
                    ``(C) The term `prescription drug' means a drug 
                subject to section 503(b).
                    ``(D) The term `qualifying laboratory' means a 
                laboratory in the United States that has been approved 
                by the Secretary for purposes of this section.
                    ``(E) The term `wholesaler' means a person licensed 
                as a wholesaler or distributor of prescription drugs in 
                the United States pursuant to section 503(e)(2)(A). Such 
                term does not include a person authorized to import 
                drugs under section 801(d)(1).

    ``(l) Conditions.--This section shall become effective only if the 
Secretary demonstrates to the Congress that the implementation of this 
section will--
            ``(1) pose no additional risk to the public's health and 
        safety; and
            ``(2) result in a significant reduction in the cost of 
        covered products to the American consumer.

    ``(m) Sunset.--Effective upon the expiration of the 5-year period 
beginning on the effective date of final regulations under subsection 
(a), this section ceases to have any legal effect.''.
    (d) Prohibited Act.--
            (1) In general.--Section 301 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
        following:

[[Page 114 STAT. 1549A-40]]

    ``(aa) The importation of a covered product in violation of section 
804, the falsification of any record required to be maintained or 
provided to the Secretary under such section, or any other violation of 
regulations under such section.''.
            (2) Enhanced penalties.--Section 303(b) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding 
        at the end the following:

    ``(6) Notwithstanding subsection (a), any person who is a 
manufacturer or importer of a covered product pursuant to section 804(a) 
and knowingly fails to comply with a requirement of section 804(e) that 
is applicable to such manufacturer or importer, respectively, shall be 
imprisoned for not more than 10 years or fined not more than $250,000, 
or both.''.
    (e) For an additional amount for ``Salaries and expenses'', Food and 
Drug Administration, $23,000,000, solely to carry out the ``Medicine 
Equity and Drug Safety Act of 2000'', to be available only upon 
submission of an official budget request and justification for such 
amount by the President to the Congress.
    Sec. 746. (a) Short Title.--This section may be cited as the 
``Prescription Drug Import Fairness Act of 2000''.
    (b) Findings.--The Congress finds as follows:
            (1) Patients and their families sometimes have reason to 
        import into the United States drugs that have been approved by 
        the Food and Drug Administration (``FDA'').
            (2) There have been circumstances in which--
                    (A) an individual seeking to import such a drug has 
                received a notice from FDA that importing the drug 
                violates or may violate the Federal Food, Drug, and 
                Cosmetic Act; and
                    (B) the notice failed to inform the individual of 
                the reasons underlying the decision to send the notice.
            (3) FDA should not send a warning notice regarding the 
        importation of a drug without providing to the individual 
        involved a statement of the underlying reasons for the notice.

    (c) Clarification of Certain Responsibilities of Food and Drug 
Administration With Respect to Importation of Prescription Drugs Into 
United States.--Section 801 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 381) is amended by adding at the end the following 
subsection:
    ``(g)(1) With respect to a prescription drug being imported or 
offered for import into the United States, the Secretary, in the case of 
an individual who is not in the business of such importations, may not 
send a warning notice to the individual unless the following conditions 
are met:
            ``(A) The notice specifies, as applicable to the importation 
        of the drug, that the Secretary has made a determination that--
                    ``(i) importation is in violation of section 801(a) 
                because the drug is or appears to be adulterated, 
                misbranded, or in violation of section 505;
                    ``(ii) importation is in violation of section 801(a) 
                because the drug is or appears to be forbidden or 
                restricted in sale in the country in which it was 
                produced or from which it was exported;
                    ``(iii) importation is or appears to be in violation 
                of section 801(d)(1); or

[[Page 114 STAT. 1549A-41]]

                    ``(iv) importation otherwise is or appears to be in 
                violation of Federal law.
            ``(B) The notice does not specify any provision described in 
        subparagraph (A) that is not applicable to the importation of 
        the drug.
            ``(C) The notice states the reasons underlying such 
        determination by the Secretary, including a brief application to 
        the principal facts involved of the provision of law described 
        in subparagraph (A) that is the basis of the determination by 
        the Secretary.

    ``(2) For purposes of this section, the term `warning notice', with 
respect to the importation of a drug, means a communication from the 
Secretary (written or otherwise) notifying a person, or clearly 
suggesting to the person, that importing the drug for personal use is, 
or appears to be, a violation of this Act.''.
    Sec. 747. Notwithstanding any other provision of law, the Secretary 
of Agriculture may not deny a loan application made pursuant to the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in 
Arkansas solely on the basis that--
            (a) the proceeds of the loan will be used to conduct 
        activities in a flood plain; or
            (b) the loan is secured by land that is in a flood plain.

    Sec. 748. Section 2111(a)(3) of the Organic Foods Production Act of 
1990 (7 U.S.C. 651(a)(3)) is amended by adding after ``sulfites,'' 
``except in the production of wine,''.
    Sec. 749. Notwithstanding any other provision of law or regulation, 
hereafter, Friends of the National Arboretum, an organization described 
in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of such Code incorporated in the 
District of Columbia, shall not be considered a prohibited source with 
respect to gifts to the United States National Arboretum so long as 
Friends of the National Arboretum remains an organization described 
under section 501(c)(3) of such Code and continues to conduct its 
operations exclusively for the benefit of the United States National 
Arboretum. The Secretary of Agriculture shall, within 90 days of 
enactment of this Act, provide the Appropriations Committees of both 
Houses of Congress with either a copy of a Memorandum of Understanding 
detailing the nature of its partnership with the Friends of the National 
Arboretum, or with a written explanation of why such a Memorandum of 
Understanding could not be achieved.
    Sec. 750. None of the funds made available by this Act may be used 
to require an office of the Farm Service Agency that is using FINPACK on 
May 17, 1999, for financial planning and credit analysis, to discontinue 
use of FINPACK for 6 months from the date of enactment of this Act.
    Sec. 751. Hereafter, the Secretary of Agriculture shall consider any 
borrower whose income does not exceed 115 percent of the median family 
income of the United States as meeting the eligibility requirements for 
a borrower contained in section 502(h)(2) of the Housing Act of 1949 (42 
U.S.C. 1472(h)(2)).
    Sec. 752. Effective 180 days after the date of the enactment of this 
Act and continuing for the remainder of fiscal year 2001 and each 
subsequent fiscal year, establishments in the United States that 
slaughter or process birds of the order Ratitae, such as ostriches, emus 
and rheas, and squab, for distribution in commerce as human food shall 
be subject to the ante mortem and

[[Page 114 STAT. 1549A-42]]

post mortem inspection, reinspection, and sanitation requirements of the 
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) rather than the 
voluntary poultry inspection program of the Department of Agriculture 
under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1622).
    Sec. 753. In developing a rule concerning on-farm standards for 
prevention of Salmonella Enteritidis in shell eggs pursuant to any plan 
to eliminate Salmonella Enteritidis illnesses due to eggs, the Food and 
Drug Administration shall--
            (a) consider one environmental test per laying cycle for 
        each layer house for verification of the producer's Salmonella 
        Enteritidis reduction plan;
            (b) consider when it is appropriate to require diversion of 
        shell eggs to treatment, such as pasteurization, and base any 
        requirement for testing that would necessitate diversion, which 
        may include the receipt of a positive egg test result, on sound 
        science;
            (c) conduct or support research to develop cost-effective 
        and improved tests for determination of Salmonella Enteritidis; 
        and
            (d) solicit comments on appropriate options for implementing 
        a Salmonella Enteritidis reduction plan in shell eggs, including 
        comments on conducting and funding testing, through Federal and 
        State programs.

    Sec. 754. Public Law 105-277, division A, title XI, section 1121 
(112 Stat. 2681-44, 2681-45) is amended by--
            (1) striking ``not later than January 1, 2000'' and 
        inserting ``not later than January 1, 2001''; and
            (2) adding the following new subsection at the end thereof--

    ``(d) Additional Disbursement.--
            ``(1) Cotton stored in georgia.--The State of Georgia may 
        use funds remaining in the indemnity fund established in 
        accordance with this section to compensate cotton producers in 
        other States who stored cotton in the State of Georgia and 
        incurred losses in 1998 or 1999 as the result of the events 
        described in subsection (a).
            ``(2) Ginners and others.--The State of Georgia may also use 
        funds remaining in the indemnity fund established in accordance 
        with this section to compensate cotton ginners and others in the 
        business of producing, ginning, warehousing, buying, or selling 
        cotton for losses they incurred in 1998 or 1999 as the result of 
        the events described in subsection (a), if--
                    ``(A) as of March 1, 2000, the indemnity fund has 
                not been exhausted,
                    ``(B) the State of Georgia provides cotton producers 
                an additional time period prior to May 1, 2000, in which 
                to establish eligibility for compensation under this 
                section;
                    ``(C) the State of Georgia determines during 
                calendar year 2000 that all cotton producers in that 
                State and cotton producers in other States as described 
                in paragraph (d)(1) have been appropriately compensated 
                for losses incurred in 1998 or 1999 as described in 
                subsection (a); and
                    ``(D) such additional compensation is not made 
                available until May 1, 2000.''.

    Sec. 755. The Food Security Act of 1985 is amended by inserting 
after section 1230 (16 U.S.C. 3830) the following:

[[Page 114 STAT. 1549A-43]]

``SEC. 1230A. GOOD FAITH RELIANCE.

    ``(a) In General.--Except as provided in subsection (d) and 
notwithstanding any other provision of this chapter, the Secretary shall 
provide equitable relief to an owner or operator that has entered into a 
contract under this chapter, and that is subsequently determined to be 
in violation of the contract, if the owner or operator in attempting to 
comply with the terms of the contract and enrollment requirements took 
actions in good faith reliance on the action or advice of an authorized 
representative of the Secretary.
    ``(b) Types of Relief.--The Secretary shall--
            ``(1) to the extent the Secretary determines that an owner 
        or operator has been injured by good faith reliance described in 
        subsection (a), allow the owner or operator to do any one or 
        more of the following--
                    ``(A) to retain payments received under the 
                contract;
                    ``(B) to continue to receive payments under the 
                contract;
                    ``(C) to keep all or part of the land covered by the 
                contract enrolled in the applicable program under this 
                chapter;
                    ``(D) to reenroll all or part of the land covered by 
                the contract in the applicable program under this 
                chapter; or
                    ``(E) or any other equitable relief the Secretary 
                deems appropriate; and
            ``(2) require the owner or operator to take such actions as 
        are necessary to remedy any failure to comply with the contract.

    ``(c) Relation to Other Law.--The authority to provide relief under 
this section shall be in addition to any other authority provided in 
this or any other Act.
    ``(d) Exception.--This section shall not apply to a pattern of 
conduct in which an authorized representative of the Secretary takes 
actions or provides advice with respect to an owner or operator that the 
representative and the owner or operator know are inconsistent with 
applicable law (including regulations).
    ``(e) Applicability of Relief.--Relief under this section shall be 
available for contracts in effect on January 1, 2000 and for all 
subsequent contracts.''.
    Sec. 756. Section 375(e)(6)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking 
``$20,000,000'' and inserting ``$25,000,000''.
    Sec. 757. Refunds or rebates received on an on-going basis from a 
credit card services provider under the Department of 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. 758. The Act of August 19, 1958 (7 U.S.C. 1431 note) is 
amended--
            (1) by striking ``clause (3) or (4) of'' the first place it 
        appears and inserting ``the Food for Progress Act of 1985,'';
            (2) by striking ``clause (3) or (4) of such'' and inserting 
        ``the Food for Progress Act of 1985, such''; and
            (3) by striking ``to the President''.

[[Page 114 STAT. 1549A-44]]

    Sec. 759. Notwithstanding any other provision of law, the Sea Island 
Health Clinic located on Johns Island, South Carolina, shall remain 
eligible for assistance and funding from the Rural Development community 
facilities programs administered by the Department of Agriculture until 
such time new population data is available from the 2000 Census.
    Sec. 760. Notwithstanding any other provision of law, the area 
bounded by West 197th Avenue, North S.W. 232nd Street, East U.S. Highway 
1 and S.W. 360th Street in Dade County, Florida, shall continue to be 
eligible to receive business and industry guaranteed loans under section 
310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932) 
until such time that population data is available from the 2000 
decennial Census.
    Sec. 761. Hereafter, the Secretary of Agriculture shall consider the 
City of Kewanee and the City of Jacksonville, Illinois, as meeting the 
requirements of a rural area contained in section 520 of the Housing Act 
of 1949 (42 U.S.C. 1490).
    Sec. 762. Notwithstanding any other provision of law, the Chief of 
the Natural Resources Conservation Service shall provide funds, within 
discretionary amounts available, to pay the balance of the amount due 
pursuant to the settlement of claims associated with the Chuquatonchee 
Watershed Project in Mississippi to close out this project.
    Sec. 763. Notwithstanding any other provision of law, the Konocti 
Water District, California, shall be eligible for grants and loans 
administered by the Rural Utilities Service.
    Sec. 764. Notwithstanding any other provision of law, Jefferson 
County, Kentucky, shall be considered to be a rural area for the 
purposes of the business and industry direct and guaranteed loan program 
authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 
1921 et seq.).
    Sec. 765. The Secretary of Agriculture may convey, under such terms 
and conditions as the Secretary considers appropriate, all right, title, 
and interest of the United States in and to a parcel of real property 
consisting of approximately 1 acre located within the Sunnyside 
Subdivision in Prince George's County, Maryland, for the purpose of 
resolving land title claims and encroachments at the Beltsville 
Agricultural Research Center and for promoting public access on 
Sunnyside Avenue. Any funds received by the Secretary as a result of the 
conveyance shall be credited to and merged with the appropriations 
available to operate the Beltsville Agricultural Research Center and 
shall be available, without further appropriation, for the same purposes 
and for the same time period as such appropriations.
    Sec. 766. Of the funds provided to carry out section 211(a) of the 
Agricultural Risk Protection Act of 2000 (16 U.S.C. 2820 note; Public 
Law 106-224), up to $500,000 shall be used solely for the State of 
California.
    Sec. 767. The first section of the Act of March 2, 1931 (7 U.S.C. 
426) is amended to read as follows:

``SECTION 1. PREDATORY AND OTHER WILD ANIMALS.

    ``The Secretary of Agriculture may conduct a program of wildlife 
services with respect to injurious animal species and take any action 
the Secretary considers necessary in conducting the program. The 
Secretary shall administer the program in a manner consistent with all 
of the wildlife services authorities in effect on the day

[[Page 114 STAT. 1549A-45]]

before the date of the enactment of the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2001.''.
    Sec. 768. Section 412(d) of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1736f(d)) is amended by striking 
``title I of the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)'' and 
inserting ``dairy price support operations''.
    Sec. 769. Notwithstanding any other provision of law, the City of 
Coachella, California, shall be eligible for grants and loans 
administered by the rural development mission areas of the Department of 
Agriculture.
    Sec. 770. Notwithstanding any other provision of law, the Secretary 
of Agriculture shall consider the City of Vicksburg, Mississippi, as 
meeting the requirements of a rural area in section 520 of the Housing 
Act of 1949 (42 U.S.C. 1490).
    Sec. 771. Notwithstanding any other provision of law, the 
Administrator of the Rural Utilities Service shall use the authorities 
provided in the Rural Electrification Act of 1936 to finance the 
acquisition of existing generation, transmission and distribution 
systems and facilities serving high cost, predominantly rural areas by 
entities capable of and dedicated to providing or improving service in 
such areas in an efficient and cost effective manner.
    Sec. 772. None of the funds appropriated or otherwise made available 
by this Act shall be used to issue a notice of proposed rulemaking, to 
promulgate a proposed rule, or to otherwise change or modify the 
definition of ``animal'' in existing regulations pursuant to the Animal 
Welfare Act.
    Sec. 773. Section 306(a)(19)(A) of the Consolidated Farmers Home 
Administration Act of 1961 is amended by inserting after ``nonprofit 
corporations'' the following new phrase: ``, Indian tribes (as such term 
is defined under section 4(e) of Public Law 93-638, as amended),''.
    Sec. 774. Section 2101 of the Emergency Supplemental Act, 2000 
(Public Law 106-246; 114 Stat. 541) is amended--
            (1) by inserting ``or prior'' after ``such outstanding''; 
        and
            (2) by inserting ``and subsequently repaid'' after ``placed 
        under loan''.

    Sec. 775. For purposes of administering title IX of this Act, the 
term ``agricultural commodity'' shall also include fertilizer and 
organic fertilizer, except to the extent provided pursuant to section 
904 of that title.

SEC. 776. SENSE OF THE CONGRESS; HAMILTON GRANGE, NEW YORK.

    (a) Congress finds that--
            (1) Alexander Hamilton, assisted by James Madison and George 
        Washington, was the principal drafter of the Constitution of the 
        United States;
            (2) Hamilton was General Washington's aide-de-camp during 
        the Revolutionary War, and, given command by Washington of the 
        New York and Connecticut light infantry battalion, led the 
        successful assault on British redoubt number 10 at Yorktown;
            (3) after serving as Secretary of the Treasury, Hamilton 
        founded the Bank of New York and the New York Post;
            (4) the only home Hamilton ever owned, commonly known as 
        ``the Grange'', is a fine example of Federal period architecture

[[Page 114 STAT. 1549A-46]]

        designed by New York architect John McComb, Jr., and was built 
        in upper Manhattan in 1803;
            (5) the New York State Assembly enacted a law in 1908 
        authorizing New York City to acquire the Grange and move it to 
        nearby St. Nicholas Park, part of the original Hamilton estate, 
        but no action was taken;
            (6) in 1962, the National Park Service took over management 
        of the Grange, by then wedged on Convent Avenue within inches 
        between an apartment house on the north side and a church on the 
        south side;
            (7) the 1962 designation of the Grange as a national 
        memorial was contingent on the acquisition by the National Park 
        Service of a site to which the building could be relocated;
            (8) the New York State legislature enacted a law in 1998 
        that granted approval for New York City to transfer land in St. 
        Nicholas Park to the National Park Service, causing renovations 
        to the Grange to be postponed; and
            (9) no obelisk, monument, or classical temple along the 
        national mall has been constructed to honor the man who more 
        than any other designed the Government of the United States, 
        Hamilton should at least be remembered by restoring his home in 
        a sylvan setting.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) Alexander Hamilton made an immense contribution to the 
        United States by serving as a principal drafter of the 
        Constitution; and
            (2) the National Park Service should expeditiously--
                    (A) proceed to relocate the Grange to St. Nicholas 
                Park; and
                    (B) restore the Grange to a state befitting the 
                memory of Alexander Hamilton.

SEC. 777. FINANCIAL ASSISTANCE FOR LAND ACQUISITION FOR FALLEN TIMBERS 
            BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORIC SITE.

    (a) In General.--Section 4 of the Fallen Timbers Battlefield and 
Fort Miamis National Historic Site Act of 1999 (Public Law 106-164; 16 
U.S.C. 461 note) is amended by adding at the end the following:
    ``(d) Land Acquisition Assistance.--
            ``(1) In general.--The Secretary may provide financial 
        assistance to the management entity for acquiring lands or 
        interests in lands within the boundaries of the historic site 
        under subsection (b).
            ``(2) Cost sharing.--Financial assistance under this 
        subsection may not be used to pay more than 50 percent of the 
        cost of any acquisition made with the assistance.
            ``(3) Condition.--The Secretary shall require, as a 
        condition of any assistance under this subsection, that any 
        interest in land acquired with assistance under this subsection 
        shall be included in and managed as part of the historic 
        site.''.

    (b) Authorization of Appropriations.--Section 6 of such Act is 
amended by inserting ``(a) In General.--'' before ``There is 
authorized'', and by adding at the end the following:
    ``(b) Land Acquisition Assistance.--There is authorized to be 
appropriated $2,500,000 to carry out section 4(d).''.

[[Page 114 STAT. 1549A-47]]

                               TITLE VIII

     NATURAL DISASTER ASSISTANCE AND OTHER EMERGENCY APPROPRIATIONS

                        DEPARTMENT OF AGRICULTURE

                 Office of the Chief Information Officer

                      common computing environment

    For an additional amount for ``Common Computing Environment,'' 
$19,500,000, to remain available until expended: Provided, That the 
entire amount shall be available only to the extent that an official 
budget request for $19,500,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act.

                       Departmental Administration

                      (including transfer of funds)

    For an additional amount for Departmental Administration, $200,000: 
Provided, That this amount shall be transferred to the Small Business 
Administration to support two advocacy staffers to review rules and 
regulations relating to disasters to determine the impact of their 
implementation on small business entities: Provided further, That the 
entire amount shall be available only to the extent an official budget 
request for $200,000, that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act.

                           Farm Service Agency

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $50,000,000, 
to remain available until expended: Provided, That the entire amount 
shall be available only to the extent that an official budget request 
for $50,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.

                     emergency conservation program

    For an additional amount for ``Emergency Conservation Program,'' for 
expenses resulting from natural disasters, $80,000,000,

[[Page 114 STAT. 1549A-48]]

to remain available until expended: Provided, That the entire amount 
shall be available only to the extent an official budget request for 
$80,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.

                 Federal Crop Insurance Corporation Fund

    For an additional amount for the Federal Crop Insurance Corporation 
Fund, up to $13,000,000, to provide premium discounts to purchasers of 
crop insurance reinsured by the Corporation (except for catastrophic 
risk protection coverage), as authorized under section 1102(g)(2) of the 
Agriculture, Rural Development, Food and Drug Administration and Related 
Agencies Appropriations Act, 1999 (Public Law 105-277): Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                 Natural Resources Conservation Service

                watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'', to repair damages to the waterways and watersheds, 
including the purchase of floodplain easements, resulting from natural 
disasters, $110,000,000, to remain available until expended: Provided, 
That of the amount made available in this section, the Secretary may use 
up to $2,000,000 to replace, repair and improve snow telemetry equipment 
impacted by fire, winds, and fire fighting efforts in order to protect 
watersheds: Provided further, That the entire amount shall be available 
only to the extent an official budget request for $110,000,000, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act.

                   Rural Community Advancement Program

    For an additional amount for the Rural Community Advancement 
Program, $200,000,000, to remain available until expended: Provided, 
That of the additional amount appropriated, $50,000,000 shall be to 
provide grants for facilities in rural communities with extreme 
unemployment and severe economic depression: Provided further, That of 
the additional amount appropriated, $30,000,000 shall be to provide 
grants in rural communities with extremely high energy costs: Provided 
further, That of the additional amount appropriated, $50,000,000 shall 
be for rural community programs described in section 381E(d)(1) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d), of which 
$25,000,000 shall be to provide assistance to areas in the State of 
North Carolina subject

[[Page 114 STAT. 1549A-49]]

to a declaration of a major disaster as a result of Hurricane Floyd, 
Hurricane Dennis, or Hurricane Irene: Provided further, That of the 
additional amount appropriated, $70,000,000 shall be for the cost of 
direct loans and grants of the rural utilities programs described in 
section 381E(d)(2) of the Consolidated Farm and Rural Development Act (7 
U.S.C. 2009d) for distribution through the national reserve, of which 
$30,000,000 may be used in counties which have received an emergency 
designation by the President or the Secretary after January 1, 2001, for 
applications responding to water shortages resulting from the designated 
emergency: Provided further, That the entire amount necessary to carry 
out this section shall be available only to the extent that an official 
budget request for $200,000,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 801. Notwithstanding section 11 of the Commodity Credit 
Corporation Charter Act (15 U.S.C. 714i), an additional $35,000,000, to 
remain available until expended, shall be provided through the Commodity 
Credit Corporation for technical assistance activities performed by any 
agency of the Department of Agriculture in carrying out the Conservation 
Reserve Program and the Wetlands Reserve Program funded by the Commodity 
Credit Corporation: Provided, That the entire amount shall be available 
only to the extent an official budget request for $35,000,000, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act.
    Sec. 802. The paragraph under the heading ``Livestock Assistance'' 
in chapter 1, title I of H.R. 3425 of the 106th Congress, enacted by 
section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536) is amended by 
striking ``during 1999'' and inserting ``from January 1, 1999, through 
February 7, 2000'': Provided, That the entire amount necessary to carry 
out this section shall be available only to the extent that an official 
budget request for the entire amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
    Sec. 803. Hereafter, for the purposes of the Livestock Indemnity 
Program authorized in Public Law 105-18, the term ``livestock'' shall 
have the same meaning as the term ``livestock'' under section 104 of 
Public Law 106-31.
    Sec. 804. Notwithstanding any other provision of law, the Secretary 
of Agriculture may use the funds, facilities and authorities

[[Page 114 STAT. 1549A-50]]

of the Commodity Credit Corporation to administer and make payments for 
losses not otherwise compensated to: (a) compensate growers whose crops 
could not be sold due to Mexican fruit fly quarantines in San Diego and 
San Bernardino/Riverside counties in California since their imposition 
on November 16, 1999, and September 10, 1999, respectively; (b) 
compensate growers in relation to the Secretary's ``Declaration of 
Extraordinary Emergency'' on March 2, 2000, regarding the plum pox 
virus; (c) compensate growers for losses due to Pierce's disease; (d) 
compensate growers for losses due to watermelon sudden wilt disease; and 
(e) compensate growers for losses incurred due to infestations of 
grasshoppers and Mormon crickets: Provided, That the entire amount 
necessary to carry out this section shall be available only to the 
extent that an official budget request for the entire amount, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act.
    Sec. 805. The Secretary shall use the funds, facilities and 
authorities of the Commodity Credit Corporation to make and administer 
supplemental payments to dairy producers who received a payment under 
section 805 of Public Law 106-78 and to new dairy producers. Such 
payment, per unit of production used in such prior payments, shall be in 
an amount equal to 35 percent of the reduction in market value per unit 
of milk production in 2000, as determined by the Secretary, based, to 
the extent practicable, on price estimates as of the date of enactment 
of this Act, from the previous 5-year average and on the base production 
of the producer used to make a payment under section 805 of Public Law 
106-78: Provided, That these funds shall be available until September 
30, 2001: Provided further, That the Secretary shall make payments to 
producers under this section in a manner consistent with and subject to 
the same limitations on payments and eligible production which were 
applicable to the payments that were made to dairy producers under 
section 805 of Public Law 106-78, except that a producer may be paid for 
production up to 39,000 cwt: Provided further, That the Secretary shall 
also make payments to new dairy producers at the same per unit rate: 
Provided further, That for any dairy producers, including new dairy 
producers, whose base production was less than 12 months for purposes of 
section 805 of Public Law 106-78, the producer's base production for the 
purposes of payments under this section may be, at the producer's 
option, the production of that producer in the 12 months preceding the 
enactment of this section or the producer's base production under the 
program carried out under section 805 of Public Law 106-78 subject to 
such limitations which are applicable to other producers: Provided 
further, That the entire amount necessary to carry out this section 
shall be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act.

[[Page 114 STAT. 1549A-51]]

    Sec. 806. The Secretary shall use the funds, facilities and 
authorities of the Commodity Credit Corporation in an amount equal to 
$490,000,000 to make and administer payments for livestock losses using 
the criteria established to carry out the 1999 Livestock Assistance 
Program (except for application of the national percentage reduction 
factor) to producers for 2000 losses in a county which has received an 
emergency designation by the President or the Secretary after January 1, 
2000, and shall be available until September 30, 2001: Provided, That 
the Secretary shall give consideration to the effect of recurring 
droughts in establishing the level of payments to producers under this 
section: Provided further, That of the funds made available by this 
section, up to $40,000,000 may be used to carry out the Pasture Recovery 
Program: Provided further, That the payments to a producer made 
available through the Pasture Recovery Program shall be no less than 65 
percent of the average cost of reseeding: Provided further, That of the 
funds made available, the Secretary shall use not more than $12,000,000 
to carry out the American Indian Livestock Feed Program: Provided 
further, That the entire amount necessary to carry out this section 
shall be available only to the extent that an official budget request 
for $490,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    Sec. 807. In using amounts made available under section 801(a) of 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2000 (7 U.S.C. 1421 note; Public 
Law 106-78), or under the matter under the heading ``crop loss 
assistance'' under the heading ``Commodity Credit Corporation Fund'' of 
H.R. 3425 of the 106th Congress, as enacted by section 1001(a)(5) of 
Public Law 106-113 (113 Stat. 1536, 1501A-289), to provide emergency 
financial assistance to producers on a farm that have incurred losses in 
a 1999 crop due to a disaster, the Secretary of Agriculture shall 
consider nursery stock losses caused by Hurricane Irene on October 16 
and 17, 1999, to be losses to the 1999 crop of nursery stock: Provided, 
That such sums shall also be available to provide additional 
compensation to eligible agriculture producers of 1999 crop year citrus 
fruit for losses incurred due to the December 1998 freeze in California: 
Provided further, That such additional compensation, together with 
compensation previously provided by the Secretary of Agriculture for 
such losses does not exceed the level of compensation such producers 
would have received if such losses had occurred during the 1998 crop 
year: Provided further, That the entire amount necessary to carry out 
this section shall be available only to the extent that an official 
budget request for the entire amount, that includes designation of the 
entire amount of the request as an emergency requirement under the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided further, That 
the entire amount necessary to carry out this section is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act.

[[Page 114 STAT. 1549A-52]]

    Sec. 808. Notwithstanding section 1237(b)(1) of the Food Security 
Act of 1985 (16 U.S.C. 3837(b)(1)), the Secretary of Agriculture may 
permit the enrollment of not to exceed 1,075,000 acres in the Wetlands 
Reserve Program: Provided, That notwithstanding section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i), such sums as 
may be necessary, to remain available until expended, shall be provided 
through the Commodity Credit Corporation for technical assistance 
activities performed by any agency of the Department of Agriculture in 
carrying out this section: Provided further, That the entire amount 
necessary to carry out this section shall be available only to the 
extent that an official budget request for the entire amount, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act.
    Sec. 809. In addition to other compensation paid by the Secretary of 
Agriculture, the Secretary shall compensate, for economic losses not 
otherwise compensated, or otherwise seek to make whole, from funds of 
the Commodity Credit Corporation, not to exceed $2,400,000, the owners 
of all sheep destroyed from flocks within the period ending 20 days 
after the date of enactment of this Act under the Secretary's 
declarations of July 14, 2000, for lost income, or other business 
interruption losses, due to actions of the Secretary with respect to 
such sheep: Provided, That the entire amount necessary to carry out this 
section shall be available only to the extent that an official budget 
request for the entire amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act.
    Sec. 810. (a) The Secretary of Agriculture shall pay Florida 
commercial citrus and lime growers $26 for each commercial citrus or 
lime tree removed to control citrus canker in order to allow for tree 
replacement and associated business costs. Payments under this 
subsection shall be capped in accordance with the following trees per 
acre limitations:
            (1) in the case of grapefruit, 104 trees per acre;
            (2) in the case of valencias, 123 trees per acre;
            (3) in the case of navels, 118 trees per acre;
            (4) in the case of tangelos, 114 trees per acre;
            (5) in the case of limes, 154 trees per acre; and
            (6) in the case of other or mixed citrus, 104 trees per 
        acre.

    (b) The Secretary of Agriculture shall compensate Florida commercial 
citrus and lime growers for lost production, as determined by the 
Secretary of Agriculture, with respect to trees removed to control 
citrus canker.
    (c) To receive assistance under this section, a tree referred to in 
subsection (a) or (b) must have been removed after January 1, 1986, and 
before September 30, 2001.

[[Page 114 STAT. 1549A-53]]

    (d) In the case of a removed tree that was covered by a crop 
insurance tree policy, compensation for lost production under subsection 
(b) with respect to such a tree shall be reduced by the indemnity 
received with respect to such a tree. In the case of a removed tree that 
was not covered by a crop insurance tree policy, although such insurance 
was available for the tree, compensation for lost production under 
subsection (b) with respect to such a tree shall be reduced by 5 
percent.
    (e) The Secretary of Agriculture shall use $58,000,000 of the funds 
of the Commodity Credit Corporation to carry out this section, to remain 
available until expended.
    (f ) The entire amount necessary to carry out this section shall be 
available only to the extent that an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement under the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    Sec. 811. Notwithstanding any other provision of law, the Secretary 
of Agriculture shall use $100,000,000 of Commodity Credit Corporation 
funds, to remain available until expended, to make payments to apple 
producers to provide relief for the loss of markets: Provided, That the 
amount of payment to each producer shall be made on a per pound basis 
equal to each qualifying producer's 1998 and 1999 production of apples: 
Provided further, That the grower shall establish eligibility for the 
amount of market loss payment upon either of the 2 crop years or an 
average of the 2 years: Provided further, That the Secretary shall not 
make payments for that amount of a particular farm's apple production 
that is in excess of 1.6 million pounds: Provided further, That in 
addition to the assistance provided under this section, the Secretary of 
Agriculture shall use $38,000,000 of Commodity Credit Corporation funds, 
to remain available until expended, to make payments to apple and potato 
producers to compensate them for quality losses to either or both their 
1999 and 2000 crops due to fireblight or weather-related disaster, 
including but not limited to a hurricane or hail: Provided further, That 
these payments shall be made regardless of whether a crop was harvested 
and without limit: Provided further, That the producer shall be 
ineligible for payments under this section with respect to a market loss 
for apples or a quality loss for apples or potatoes to the extent of 
that amount that the producer received as compensation or assistance for 
the loss under any other Federal program, other than the Federal Crop 
Insurance Program established under the Federal Crop Insurance Act (7 
U.S.C. 1501 et seq.): Provided further, That the Secretary shall not 
establish any terms or conditions for grower eligibility, such as limits 
based upon gross income, other than those in this section: Provided 
further, That the assistance made available under this section for an 
eligible producer shall be made as soon as practicable after the 
enactment of this Act: Provided further, That the entire amount 
necessary to carry out this section shall be available only to the 
extent that an official budget request for the entire amount, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress:

[[Page 114 STAT. 1549A-54]]

Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of such 
Act.
    Sec. 812. (a) Nonrecourse Marketing Assistance Loans.--
            (1) The Secretary shall use funds of the Commodity Credit 
        Corporation to make nonrecourse marketing assistance loans 
        available to producers of the 2000 crop of honey.
            (2) The loan rate for a marketing assistance loan under 
        paragraph (1) for honey shall be 65 cents per pound.
            (3) The Secretary shall permit producers to repay a 
        marketing assistance nonrecourse loan under paragraph (1) at a 
        rate that is the lesser of--
                    (A) the loan rate for honey, plus interest (as 
                determined by the Secretary); or
                    (B) the prevailing domestic market price for honey, 
                as determined by the Secretary.

    (b) Loan Deficiency Payments.--
            (1) The Secretary may make loan deficiency payments 
        available to any producer of honey that, although eligible to 
        obtain a marketing assistance loan under subsection (a), agrees 
        to forgo obtaining the loan in return for a payment under this 
        subsection.
            (2) A loan deficiency payment under this subsection shall be 
        determined by multiplying--
                    (A) the loan payment rate determined under paragraph 
                (3); by
                    (B) the quantity of honey that the producer is 
                eligible to place under loan, but for which the producer 
                forgoes obtaining the loan in return for a payment under 
                this subsection.
            (3) For the purposes of this subsection, the loan payment 
        rate shall be the amount by which--
                    (A) the loan rate established under subsection 
                (a)(2); exceeds
                    (B) the rate at which a loan may be repaid under 
                subsection (a)(3).

    (c) In order to provide an orderly transition to the loans and 
payments provided under this section, the Secretary shall convert 
recourse loans for the 2000 crop of honey outstanding on the date of 
enactment of this Act to nonrecourse marketing assistance loans under 
subsection (a).
    (d) Limitations.--
            (1) The marketing assistance loan gains and loan deficiency 
        payments that a person may receive for the 2000 crop of honey 
        under this section shall be subject to the same limitations that 
        apply to marketing assistance loans and loan deficiency payments 
        received by producers of the same crop of other agricultural 
        commodities.
            (2) The Secretary shall carry out this section in such a 
        manner as to minimize forfeitures of honey marketing assistance 
        loans.

    (e) The Secretary shall make loans and loan deficiency payments 
under this section available to producers beginning not later than 30 
days after the date of enactment of this Act.
    (f ) In the case of a producer that marketed or redeemed, before, 
on, or within 30 days after the date of the enactment of this Act, a 
quantity of an eligible 2000 crop for which the

[[Page 114 STAT. 1549A-55]]

producer has not received a loan deficiency payment or marketing loan 
gain under this section, the producer shall be eligible to receive a 
payment from the Secretary of Agriculture under this section in an 
amount equal to the payment or gain that the producer would have 
received for that quantity of eligible production as of the date on 
which the producer lost beneficial interest in the quantity or redeemed 
the quantity, as determined by the Secretary.
    (g) The entire amount necessary to carry out this section shall be 
available only to the extent that an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    Sec. 813. The Secretary shall use up to $10,000,000 of the funds of 
the Commodity Credit Corporation to make livestock indemnity payment to 
producers on a farm that have incurred livestock losses during calendar 
year 2000 due to a disaster, as determined by the Secretary, including 
losses due to fires and anthrax: Provided, That the entire amount shall 
be available only to the extent that an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    Sec. 814. The Secretary shall use the funds, facilities and 
authorities of the Commodity Credit Corporation, not to exceed 
$20,000,000, to make payments directly to producers of wool, and 
producers of mohair, for the 2000 marketing year: Provided, That the 
payment rate for producers of wool and mohair shall be equal to $0.40 
per pound: Provided further, That the entire amount necessary to carry 
out this section shall be available only to the extent that an official 
budget request for the entire amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
    Sec. 815. (a) In General.--The Secretary of Agriculture (referred to 
in this section as the ``Secretary'') shall use such sums as are 
necessary of funds of the Commodity Credit Corporation to make emergency 
financial assistance authorized under this section available to 
producers on a farm that have incurred qualifying losses described in 
subsection (c).
    (b) Administration.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall make assistance available under this section in 
        the same manner as provided under section 1102 of the 
        Agriculture, Rural Development, Food and Drug Administration, 
        and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 
        note; Public Law 105-277), including using the same

[[Page 114 STAT. 1549A-56]]

        loss thresholds for quantity and economic losses as were used in 
        administering that section.
            (2) Loss thresholds for quality losses.--In the case of a 
        payment for quality loss for a crop under subsection (c)(2), the 
        loss thresholds for quality loss for the crop shall be 
        determined under subsection (d).

    (c) Qualifying Losses.--Assistance under this section may be made 
available for losses due to damaging weather or related condition 
(including losses due to crop diseases and insects) associated with 
crops that are, as determined by the Secretary--
            (1) quantity losses for the 2000 crop;
            (2) quality losses for the 2000 crop; or
            (3) severe economic losses for the 2000 crop.

    (d) Quality Losses.--
            (1) Amount of quality loss.--The amount of a quality loss 
        for a crop of producers on a farm under subsection (c)(2) shall 
        be equal to the difference between--
                    (A) the per unit market value of the units of the 
                crop affected by the quality loss would have had if the 
                crop had not suffered a quality loss; and
                    (B) the per unit market value of the units of the 
                crop affected by the quality loss.
            (2) Amount of quality loss payment.--Subject to paragraph 
        (3), the amount of a payment made to producers on a farm for a 
        quality loss for a crop under subsection (c)(2) shall be equal 
        to the amount obtained by multiplying--
                    (A) 65 percent of the quantity of the crop affected 
                by the quality loss that was produced on the farm; by
                    (B) 65 percent of the per unit quality loss for the 
                crop determined under paragraph (1).
            (3) Eligibility.--For producers on a farm to be eligible to 
        obtain a payment for a quality loss for a crop under subsection 
        (c)(2), the amount obtained by multiplying the per unit loss 
        determined under paragraph (1) by the number of units affected 
        by the quality loss shall be at least 20 percent of the value 
        that all production of the crop would have had if the crop had 
        not suffered a quality loss.

    (e) Crops Covered.--Assistance under this section shall be 
applicable to losses for all crops, as determined by the Secretary, due 
to disasters, including--
            (1) irrigated crops that, due to lack of water or 
        contamination by saltwater intrusion of an irrigation supply 
        resulting from drought conditions, were planted and suffered a 
        loss or were prevented from being planted;
            (2) pecans; and
            (3) nursery losses in the State of Florida that occur, 
        because of disaster, during the period beginning on October 1, 
        2000, and ending on December 31, 2000. Calculations of the 
        amount of such losses shall be made independently of other 
        losses of the producer, and such losses shall be subject to a 
        separate limit on payment amounts as may otherwise apply. Any 
        payment under this section for such losses shall for all 
        purposes, present and future, be considered to be a 2000 crop 
        payment, and such compensated losses shall be ineligible for any 
        assistance that may become available for 2001 crop losses.

    (f ) Crop Insurance.--In carrying out this section, the Secretary 
shall not discriminate against or penalize producers on a

[[Page 114 STAT. 1549A-57]]

farm that have purchased crop insurance under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.).
    (g) Limitation on Payments for Multiple Losses on Same Acreage.--
Notwithstanding subsection (d), a producer may not receive assistance 
under this section for losses to more than one 2000 crop on the same 
acreage unless there is an established practice of planting two or more 
crops for harvest on such acreage in the same crop year, as determined 
by the Secretary. The Secretary shall give a producer that is not 
covered by the exception in the previous sentence an opportunity to 
designate the 2000 crop for which the producer requests assistance under 
this section.
    (h) The entire amount necessary to carry out this section shall be 
available only to the extent that an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    Sec. 816. Of the amounts made available to the Secretary for the 
purchase of specialty crops under sections 203(d) and 261(a)(2) of the 
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 
106-224), the Secretary shall use not less than $30,000,000 to purchase 
cranberry juice concentrate and frozen cranberry fruit: Provided, That 
section 203(d)(1) of the Agricultural Risk Protection Act of 2000 (7 
U.S.C. 1421 note; Public Law 106-224) is amended by inserting ``or 
cranberry products (including cranberry juice concentrate and frozen 
cranberry fruit)'' after ``cranberries'': Provided further, That in this 
section, the term ``farm unit'' means a separate and distinct farming 
operation that reports independent production information to the 
Cranberry Marketing Committee: Provided further, That to provide 
assistance for loss of markets for cranberries, the Secretary shall use 
$20,000,000 of funds of the Commodity Credit Corporation to make 
payments to cranberry producers: Provided further, That subject to this 
section and such other terms and conditions as are determined by the 
Secretary, a payment under this section shall be made on the basis of 
the quantity of the 1999 crop of cranberries that was produced on each 
farm unit: Provided further, That the maximum quantity of the 1999 crop 
of cranberries for which producers are eligible for a payment for a farm 
unit under this section shall be 1,600,000 pounds: Provided further, 
That subject to this section, the Secretary shall take such actions as 
are necessary to ensure that payments made under this section do not 
duplicate payments provided under other Federal programs for the same 
loss: Provided further, That this shall not apply to an indemnity 
provided under a policy or plan of insurance offered under the Federal 
Crop Insurance Act (7 U.S.C. 1501 et seq.): Provided further, That the 
entire amount necessary to carry out this section shall be available 
only to the extent that an official budget request for the entire 
amount, that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the President 
to the Congress: Provided further, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of such Act.

[[Page 114 STAT. 1549A-58]]

    Sec. 817. Section 1232(a)(4) of the Food Security Act of 1985 (16 
U.S.C. 3832(a)(4)) is amended--
            (1) by striking ``except that such'' and inserting ``except 
        that--
                    ``(A) such'';
            (2) by inserting ``and'' after the semicolon at the end; and
            (3) by adding at the end the following:
                    ``(B) the Secretary shall not terminate the contract 
                for failure to establish approved vegetative or water 
                cover on the land if--
                          ``(i) the failure to plant such cover was due 
                      to excessive rainfall or flooding;
                          ``(ii) the land subject to the contract that 
                      could practicably be planted to such cover is 
                      planted to such cover; and
                          ``(iii) the land on which the owner or 
                      operator was unable to plant such cover is planted 
                      to such cover after the wet conditions that 
                      prevented the planting subsides;''.

    Sec. 818. (a) Section 353(e) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2001(e)) is amended by adding at the end the 
following:
            ``(7) Financing of recapture payment.--
                    ``(A) In general.--The Secretary may amortize a 
                recapture payment owed to the Secretary under this 
                subsection.
                    ``(B) Term.--The term of an amortization under this 
                paragraph may not exceed 25 years.
                    ``(C) Interest rate.--
                          ``(i) In general.--The interest rate 
                      applicable to an amortization under this paragraph 
                      may not exceed the rate applicable to a loan to 
                      reacquire homestead property less 100 basis 
                      points.
                          ``(ii) Existing amortizations and loans.--The 
                      interest rate applicable to an amortization or 
                      loan made by the Secretary before the date of 
                      enactment of this paragraph to finance a recapture 
                      payment owed to the Secretary under this 
                      subsection may not exceed the rate applicable to a 
                      loan to reacquire homestead property less 100 
                      basis points.''.

    (b) The entire amount necessary to carry out this section shall be 
available only to the extent that an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    Sec. 819. The Secretary of Agriculture shall use up to $2,500,000 of 
the funds of the Commodity Credit Corporation to provide financial 
assistance to the State of South Carolina to capitalize the South 
Carolina Grain Dealers Guaranty Fund: Provided, That these funds shall 
only be available if the State of South Carolina provides an equal 
amount in the form of a grant to the South Carolina Grain Dealers 
Guaranty Fund: Provided further, That the entire amount necessary to 
carry out this section

[[Page 114 STAT. 1549A-59]]

shall be available only to the extent that an official budget request 
for the entire amount, that includes designation of the entire amount of 
the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That the 
entire amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act.
    Sec. 820. (a) The Secretary of Agriculture may use funds made 
available under sections 211(a) and 211(b), and 133(b) of the 
Agricultural Risk Protection Act of 2000 to provide technical assistance 
to farmers and ranchers for the purposes described in sections 211(a) 
and 211(b), and 133(b) of that Act; and
    (b) The Secretary of Agriculture may use funds made available under 
section 211(b) of the Agricultural Risk Protection Act of 2000 (16 
U.S.C. 3830 note; Public Law 106-224) to provide additional funding for 
the Wildlife Habitat Incentive Program established under section 387 of 
the Federal Agriculture Improvement and Reform Act of 1996 in such sums 
as the Secretary considers necessary to carry out that program.
    (c) The entire amount necessary to carry out this section shall be 
available only to the extent that an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.
    Sec. 821. Section 19(a)(1)(A) of the Food Stamp Act of 1977 (7 
U.S.C. 2028(a)(1)(A)) is amended by striking ``Puerto Rico'' and all 
that follows through ``2002, to finance'' and inserting ``Puerto Rico--
            ``(i) for fiscal year 2000, $1,268,000,000;
            ``(ii) for fiscal year 2001, the amount required to be paid 
        under clause (i) for fiscal year 2000, as adjusted by the change 
        in the Food at Home series of the Consumer Price Index for All 
        Urban Consumers, published by the Bureau of Labor Statistics of 
        the Department of Labor, for the most recent 12-month period 
        ending in June; and
            ``(iii) for fiscal year 2002, the amount required to be paid 
        under clause (ii) for fiscal year 2001, as adjusted by the 
        percentage by which the thrifty food plan is adjusted for fiscal 
        year 2002 under section 3(o)(4);

to finance''.
    Sec. 822. Notwithstanding any other provision of law, the Secretary 
of Agriculture shall make a payment in the amount $7,200,000 to the 
State of Hawaii from the Commodity Credit Corporation for assistance to 
an agricultural transportation cooperative in Hawaii, the members of 
which are eligible to participate in the Farm Service Agency 
administered Commodity Loan Program and have suffered extraordinary 
market losses due to unprecedented low prices: Provided, That the entire 
amount shall be available only to the extent an official budget request 
for $7,200,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted

[[Page 114 STAT. 1549A-60]]

by the President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of such Act.
    Sec. 823. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance to the Long Park Dam in Utah from funds available for the 
Emergency Watershed Program, not to exceed $4,500,000.
    Sec. 824. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance to the Kuhn Bayou (Point Remove) Project in Arkansas from 
funds available for the Emergency Watershed Program, not to exceed 
$3,300,000.
    Sec. 825. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance to the Snake River Watershed project in Minnesota from funds 
available for the Emergency Watershed Program, not to exceed $4,000,000.
    Sec. 826. Of the funds made available for the Emergency Watershed 
Protection Program activities in the State of North Carolina, $1,000,000 
shall be available to the Secretary of Agriculture, acting through the 
Natural Resources Conservation Service, to provide technical and 
financial assistance for implementation of the project known as the 
``Flood Water Mitigation and Stream Restoration Project'', Princeville, 
North Carolina.
    Sec. 827. Notwithstanding any other provision of law, funds paid to 
oyster producers in the State of Connecticut under section 1102 of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 1999, as contained in the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public 
Law 105-277) shall be retained by such producers.
    Sec. 828. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service shall provide financial and technical 
assistance to DuPage County, Illinois, from funds available for the 
Emergency Watershed Program, not to exceed $1,100,000.
    Sec. 829. Subtitle G, section 262 of Public Law 106-224 is amended 
as follows: After ``obligate'', strike ``and expend''.
    Sec. 830. Any funds appropriated by Cerro Grande Fire Supplemental 
as contained in Public Law 106-246 for the Emergency Conservation 
Program not required to meet the purposes of rehabilitating farmland 
damaged from fires which resulted from prescribed burnings conducted by 
the Federal Government may be used by the Secretary of Agriculture for 
activities mandated under the Emergency Conservation Program authorized 
under section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 
2201) consistent with the cost-share requirements of that program: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for the entire amount, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act.

[[Page 114 STAT. 1549A-61]]

    Sec. 831. Notwithstanding any other provision of law, for technical 
and financial assistance up to $120,000 shall be made available from the 
Emergency Watershed Program for the Camp Lejeune Project on the Camp 
Lejeune Marine Base, North Carolina.
    Sec. 832. Funds appropriated by this Act and Public Law 106-113 to 
the Agricultural Credit Insurance Program Account for farm ownership and 
operating direct loans and guaranteed loans and emergency loans may be 
transferred among these programs with the prior approval of the 
Committees on Appropriations of both Houses of Congress: Provided, That 
the entire amount shall be available only to the extent that an official 
budget request for the entire amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
    Sec. 833. Section 321(b) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1961(b)) is amended by adding at the end the 
following:
            ``(3) Loans to poultry farmers.--
                    ``(A) Inability to obtain insurance.--
                          ``(i) In general.--Notwithstanding any other 
                      provision of this subtitle, the Secretary may make 
                      a loan to a poultry farmer under this subtitle to 
                      cover the loss of a chicken house for which the 
                      farmer did not have hazard insurance at the time 
                      of the loss, if the farmer--
                                    ``(I) applied for, but was unable, 
                                to obtain hazard insurance for the 
                                chicken house;
                                    ``(II) uses the loan to rebuild the 
                                chicken house in accordance with 
                                industry standards in effect on the date 
                                the farmer submits an application for 
                                the loan (referred to in this paragraph 
                                as `current industry standards');
                                    ``(III) obtains, for the term of the 
                                loan, hazard insurance for the full 
                                market value of the chicken house; and
                                    ``(IV) meets the other requirements 
                                for the loan under this subtitle.
                          ``(ii) Amount.--Subject to the limitation 
                      contained in section 324(a)(2), the amount of a 
                      loan made to a poultry farmer under clause (i) 
                      shall be an amount that will allow the farmer to 
                      rebuild the chicken house in accordance with 
                      current industry standards.
                    ``(B) Loans to comply with current industry 
                standards.--
                          ``(i) In general.--Notwithstanding any other 
                      provision of this subtitle, the Secretary may make 
                      a loan to a poultry farmer under this subtitle to 
                      cover the loss of a chicken house for which the 
                      farmer had hazard insurance at the time of the 
                      loss, if--
                                    ``(I) the amount of the hazard 
                                insurance is less than the cost of 
                                rebuilding the chicken house in 
                                accordance with current industry 
                                standards;

[[Page 114 STAT. 1549A-62]]

                                    ``(II) the farmer uses the loan to 
                                rebuild the chicken house in accordance 
                                with current industry standards;
                                    ``(III) the farmer obtains, for the 
                                term of the loan, hazard insurance for 
                                the full market value of the chicken 
                                house; and
                                    ``(IV) the farmer meets the other 
                                requirements for the loan under this 
                                subtitle.
                          ``(ii) Amount.--Subject to the limitation 
                      contained in section 324(a)(2), the amount of a 
                      loan made to a poultry farmer under clause (i) 
                      shall be the difference between--
                                    ``(I) the amount of the hazard 
                                insurance obtained by the farmer; and
                                    ``(II) the cost of rebuilding the 
                                chicken house in accordance with current 
                                industry standards.''.

    Sec. 834. For an additional amount for grants under sections 231(a) 
and 261(a)(2) of the Agricultural Risk Protection Act of 2000, 
$10,000,000: Provided, That the entire amount shall be available only to 
the extent an official budget request for $10,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act.
    Sec. 835. For an additional amount for the cost (as defined in 
section 502 of the Congressional Budget Act of 1974) of guaranteed loans 
under section 310B(a)(1) of the Consolidated Farm and Rural Development 
Act, $10,000,000: Provided, That the entire amount shall be available 
only to the extent an official budget request for $10,000,000, that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of 
such Act.
    Sec. 836. Section 156(e) of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7272(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``recourse'' each place that it 
                appears and inserting ``nonrecourse''; and
                    (B) by striking ``Subject to paragraph (2), the'' 
                and inserting ``The'';
                    (2) by striking paragraph (2);
                    (3) by re-designating paragraph (3) as paragraph 
                (2); and
                    (4) in paragraph (2) as so re-designated, by 
                striking ``If'' through ``shall'' in the first sentence 
                and inserting ``The Secretary shall''.

    Sec. 837. Notwithstanding section 1001(2) of the Food Security Act 
of 1985 (7 U.S.C. 1308 (1)), the total amount of the payments specified 
in section 1001(3) of that Act or section 812 of this Act that a person 
shall be entitled to receive under the Agricultural Market Transition 
Act (7 U.S.C. 7201 et seq.) for one or more contract commodities, 
oilseeds and for honey under section 812

[[Page 114 STAT. 1549A-63]]

of this Act produced during the 2000 crop year may not exceed $150,000: 
Provided, That in carrying out this section, the Secretary shall allow a 
producer that has marketed or redeemed a quantity of an eligible 2000 
crop for which the producer has not received a loan deficiency payment 
or marketing loan gain under section 134 or 135 of the Agricultural 
Market Transition Act (7 U.S.C. 7234, 7235) or section 812 of this Act 
to receive such payment or gain as of the date on which the quantity was 
marketed or redeemed, as determined by the Secretary.
    Sec. 838. Notwithstanding any other provision of law, the Secretary 
shall extend until the date that is 60 days after the date of enactment 
of this Act the final eligibility date for marketing assistance loans 
and loan deficiency payments under subtitle C of the Agricultural Market 
Transition Act (7 U.S.C. 7231 et seq.) for rice of special grade 
designations, as determined by the Secretary, that was made eligible for 
the loans by the Secretary during December 1999; and for which producers 
were not notified of the eligibility period for the loans: Provided, 
That producers on a farm that lost a beneficial interest in rice after 
the date on which the rice was made ineligible for loans and loan 
deficiency payments by the Secretary shall be eligible to obtain loan 
deficiency payments based on the payment rate that was in effect on the 
last date of eligibility for the loans before the date of enactment of 
this Act: Provided further, That the entire amount necessary to carry 
out this section shall be available only to the extent that an official 
budget request for the entire amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
    Sec. 839. Notwithstanding any other provision of law, the Secretary 
of Agriculture may enter into contracts with livestock producers for the 
purpose of controlling the buildup of grasses, forbs and other natural 
fuels that contribute to the threat of wildfire on rangelands 
administered by the Secretary: Provided, That such contracts are 
provided from within discretionary funds.
    Sec. 840. As soon as practicable after the date of enactment of this 
Act, the Secretary and the Commodity Credit Corporation, as appropriate, 
shall issue such regulations as are necessary to implement sections 804, 
805, 806, 809, 810, 811, 812, 814, 815, 816, 836, 837, 838, 839, 841, 
843, 844, and 845 of this title: Provided, That the issuance of the 
regulations shall be made without regard to: (1) the notice and comment 
provisions of section 553 of title 5, United States Code; (2) the 
Statement of Policy of the Secretary of Agriculture effective July 24, 
1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking 
and public participation in rulemaking; and (3) chapter 35 of title 44, 
United States Code (commonly known as the ``Paperwork Reduction Act''): 
Provided further, That in carrying out this section, the Secretary shall 
use the authority provided under section 808 of title 5, United States 
Code.
    Sec. 841. The Secretary of Agriculture shall use funds of the 
Commodity Credit Corporation to make a payment to each eligible person 
described in section 204(b)(1)(A) of the Agricultural Risk Protection 
Act of 2000 (7 U.S.C. 1421 note; Public Law 106-224) without regard to 
section 204(b)(1)(A)(ii) of that Act: Provided,

[[Page 114 STAT. 1549A-64]]

That the Secretary shall make a payment to an eligible person described 
in this section in the same amount as is payable to an eligible person 
under section 204 of that Act: Provided further, That the entire amount 
necessary to carry out this section shall be available only to the 
extent an official budget request that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of such Act.
    Sec. 842. Payments made from amounts appropriated pursuant to this 
title shall not be subject to administrative offset, including 
administrative offset under chapter 37 of title 31, United States Code.
    Sec. 843. The Secretary of Agriculture shall use not more than 
$20,000,000 of funds of the Commodity Credit Corporation to make 
payments to producers of tomatoes, pears, peaches, and apricots that 
were unable to market the crops of the producers because of the 
insolvency of an agriculture cooperative in the State of California: 
Provided, That the amount of a payment made to a producer under this 
subsection shall not exceed 50 percent of the contract value of the 
unmarketed crop referred to in this section: Provided further, That the 
entire amount necessary to carry out this section shall be available 
only to the extent an official budget request that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of such 
Act.

SEC. 844. LOAN FORFEITURES OF BURLEY TOBACCO.

    (a) In General.--Notwithstanding sections 106 through 106B of the 
Agricultural Act of 1949 (7 U.S.C. 1445 through 1445-2)--
            (1) a producer-owned cooperative marketing association may 
        fully settle a loan made for the 1999 crop of Burley tobacco by 
        forfeiting to the Commodity Credit Corporation the Burley 
        tobacco covered by the loan regardless of the condition of the 
        tobacco;
            (2) any losses to the Commodity Credit Corporation as a 
        result of paragraph (1)--
                    (A) shall not be charged to the No Net Cost Tobacco 
                Account; and
                    (B) shall not affect the amount of any assessment 
                imposed against Burley or any other kind of tobacco 
                under sections 106 through 106B of the Agricultural Act 
                of 1949 (7 U.S.C. 1445 through 1445-2); and
            (3) any tobacco forfeited pursuant to this section shall not 
        be--
                    (A) counted for the purpose of determining the 
                Burley tobacco quota for any year pursuant to section 
                319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 
                1314e); or
                    (B) sold for use in the United States.

    (b) Emergency Requirement.--

[[Page 114 STAT. 1549A-65]]

            (1) The entire amount necessary to carry out this section 
        shall be available only to the extent that an official budget 
        request for the entire amount, that includes designation of the 
        entire amount of the request as an emergency requirement as 
        defined in the Balanced Budget and Emergency Deficit Control Act 
        of 1985, as amended, is transmitted by the President to the 
        Congress.
            (2) The entire amount is designated by the Congress as an 
        emergency requirement pursuant to section 251(b)(2)(A) of such 
        Act.

SEC. 845. COMMODITY ELIGIBILITY ASSISTANCE.

    (a) In General.--Section 3720B(a) of title 31, United States Code, 
is amended in the first sentence by inserting ``or a marketing 
assistance loan or loan deficiency payment under subtitle C of the 
Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)'' after 
``disaster loan''.
    (b) Payments.--Any payment made by the Commodity Credit Corporation 
to a producer as a result of the amendment made by section (a) shall be 
credited toward any delinquent debt owed by the producer to the Farm 
Service Agency.
    (c) Effective Date.--
            (1) In general.--The amendment made by subsection (a) takes 
        effect on the date of enactment of this Act.
            (2) Transition loan deficiency payments.--If the producers 
        on a farm lost beneficial interest in a crop during the period 
        beginning March 21, 2000, and ending on the day before the date 
        of enactment of this Act and were ineligible for a marketing 
        assistance loan under subtitle C of the Agricultural Market 
        Transition Act (7 U.S.C. 7231 et seq.) because of section 
        3720B(a) of title 31, United States Code, as in effect before 
        the amendment made by subsection (a), the producers shall be 
        eligible for any loan deficiency payment under subtitle C of 
        that Act that was available on the date on which the producers 
        lost beneficial interest in the crop.

    (d)(1) The entire amount necessary to carry out this section shall 
be available only to the extent an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.
    (2) The entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 846. MAXIMUM AMOUNT OF EXCESS SHELTER EXPENSE DEDUCTION.

    (a) Amendment.--Section 5(e)(7)(B) of the Food Stamp Act of 1977 (7 
U.S.C. 2014(e)(7)(B)) is amended by striking clauses (iii) and (iv) and 
inserting the following:
                          ``(iii) for fiscal year 1999, $275, $478, 
                      $393, $334, and $203 per month, respectively;
                          ``(iv) for fiscal year 2000, $280, $483, $398, 
                      $339, and $208 per month, respectively;
                          ``(v) for fiscal year 2001, $340, $543, $458, 
                      $399, and $268 per month, respectively; and
                          ``(vi) for fiscal year 2002 and each 
                      subsequent fiscal year, the applicable amount 
                      during the preceding fiscal year, as adjusted to 
                      reflect changes for the 12-month

[[Page 114 STAT. 1549A-66]]

                      period ending the preceding November 30 in the 
                      Consumer Price Index for All Urban Consumers 
                      published by the Bureau of Labor Statistics of the 
                      Department of Labor.''.

    (b) Effective Date; Application of Amendment.--(1) Except as 
provided in paragraph (2), the amendment made by this section shall take 
effect on March 1, 2001.
    (2) The amendment made by this section shall not apply with respect 
to certification periods beginning before March 1, 2001.
    (c)(1) The entire amount necessary to carry out this section shall 
be available only to the extent an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.
    (2) The entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act.

SEC. 847. VEHICLE ALLOWANCE.

    (a) In General.--Section 5(g)(2) of the Food Stamp Act of 1977 (7 
U.S.C. 2014(g)(2)) is amended--
            (1) in subparagraph (B)(iv)--
                    (A) by striking ``subparagraph (C)'' and inserting 
                ``subparagraphs (C) and (D)''; and
                    (B) by striking ``to the extent that'' and all that 
                follows through the end of the clause and inserting ``to 
                the extent that the fair market value of the vehicle 
                exceeds $4,650; and''; and
            (2) by adding at the end the following:
                    ``(D) Alternative vehicle allowance.--If the vehicle 
                allowance standards that a State agency uses to 
                determine eligibility for assistance under the State 
                program funded under part A of title IV of the Social 
                Security Act (42 U.S.C. 601 et seq.) would result in a 
                lower attribution of resources to certain households 
                than under subparagraph (B)(iv), in lieu of applying 
                subparagraph (B)(iv), the State agency may elect to 
                apply the State vehicle allowance standards to all 
                households that would incur a lower attribution of 
                resources under the State vehicle allowance 
                standards.''.

    (b) Effective Date; Application of Amendments.--(1) Except as 
provided in paragraph (2), the amendments made by this section shall 
take effect on July 1, 2001.
    (2) The amendments made by this section shall not apply with respect 
to certification periods beginning before July 1, 2001.
    (c)(1) The entire amount necessary to carry out this section shall 
be available only to the extent an official budget request for the 
entire amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.
    (2) The entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of such Act.

[[Page 114 STAT. 1549A-67]]

         TITLE IX--TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Trade Sanctions Reform and Export 
Enhancement Act of 2000''.

SEC. 902. DEFINITIONS.

    In this title:
            (1) Agricultural commodity.--The term ``agricultural 
        commodity'' has the meaning given the term in section 102 of the 
        Agricultural Trade Act of 1978 (7 U.S.C. 5602).
            (2) Agricultural program.--The term ``agricultural program'' 
        means--
                    (A) any program administered under the Agricultural 
                Trade Development and Assistance Act of 1954 (7 U.S.C. 
                1691 et seq.);
                    (B) any program administered under section 416 of 
                the Agricultural Act of 1949 (7 U.S.C. 1431);
                    (C) any program administered under the Agricultural 
                Trade Act of 1978 (7 U.S.C. 5601 et seq.);
                    (D) the dairy export incentive program administered 
                under section 153 of the Food Security Act of 1985 (15 
                U.S.C. 713a-14);
                    (E) any commercial export sale of agricultural 
                commodities; or
                    (F) any export financing (including credits or 
                credit guarantees) provided by the United States 
                Government for agricultural commodities.
            (3) Joint resolution.--The term ``joint resolution'' means--
                    (A) in the case of section 903(a)(1), only a joint 
                resolution introduced within 10 session days of Congress 
                after the date on which the report of the President 
                under section 903(a)(1) is received by Congress, the 
                matter after the resolving clause of which is as 
                follows: ``That Congress approves the report of the 
                President pursuant to section 903(a)(1) of the Trade 
                Sanctions Reform and Export Enhancement Act of 2000, 
                transmitted on ______________.'', with the blank 
                completed with the appropriate date; and
                    (B) in the case of section 906(1), only a joint 
                resolution introduced within 10 session days of Congress 
                after the date on which the report of the President 
                under section 906(2) is received by Congress, the matter 
                after the resolving clause of which is as follows: 
                ``That Congress approves the report of the President 
                pursuant to section 906(1) of the Trade Sanctions Reform 
                and Export Enhancement Act of 2000, transmitted on 
                ______________.'', with the blank completed with the 
                appropriate date.
            (4) Medical device.--The term ``medical device'' has the 
        meaning given the term ``device'' in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (5) Medicine.--The term ``medicine'' has the meaning given 
        the term ``drug'' in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            (6) Unilateral agricultural sanction.--The term ``unilateral 
        agricultural sanction'' means any prohibition, restriction,

[[Page 114 STAT. 1549A-68]]

        or condition on carrying out an agricultural program with 
        respect to a foreign country or foreign entity that is imposed 
        by the United States for reasons of foreign policy or national 
        security, except in a case in which the United States imposes 
        the measure pursuant to--
                    (A) a multilateral regime and the other member 
                countries of that regime have agreed to impose 
                substantially equivalent measures; or
                    (B) a mandatory decision of the United Nations 
                Security Council.
            (7) Unilateral medical sanction.--The term ``unilateral 
        medical sanction'' means any prohibition, restriction, or 
        condition on exports of, or the provision of assistance 
        consisting of, medicine or a medical device with respect to a 
        foreign country or foreign entity that is imposed by the United 
        States for reasons of foreign policy or national security, 
        except in a case in which the United States imposes the measure 
        pursuant to--
                    (A) a multilateral regime and the other member 
                countries of that regime have agreed to impose 
                substantially equivalent measures; or
                    (B) a mandatory decision of the United Nations 
                Security Council.

SEC. 903. RESTRICTION.

    (a) New Sanctions.--Except as provided in sections 904 and 905 and 
notwithstanding any other provision of law, the President may not impose 
a unilateral agricultural sanction or unilateral medical sanction 
against a foreign country or foreign entity, unless--
            (1) not later than 60 days before the sanction is proposed 
        to be imposed, the President submits a report to Congress that--
                    (A) describes the activity proposed to be 
                prohibited, restricted, or conditioned; and
                    (B) describes the actions by the foreign country or 
                foreign entity that justify the sanction; and
            (2) there is enacted into law a joint resolution stating the 
        approval of Congress for the report submitted under paragraph 
        (1).

    (b) Existing Sanctions.--The President shall terminate any 
unilateral agricultural sanction or unilateral medical sanction that is 
in effect as of the date of enactment of this Act.

SEC. 904. EXCEPTIONS.

    Section 903 shall not affect any authority or requirement to impose 
(or continue to impose) a sanction referred to in section 903--
            (1) against a foreign country or foreign entity--
                    (A) pursuant to a declaration of war against the 
                country or entity;
                    (B) pursuant to specific statutory authorization for 
                the use of the Armed Forces of the United States against 
                the country or entity;
                    (C) against which the Armed Forces of the United 
                States are involved in hostilities; or

[[Page 114 STAT. 1549A-69]]

                    (D) where imminent involvement by the Armed Forces 
                of the United States in hostilities against the country 
                or entity is clearly indicated by the circumstances; or
            (2) to the extent that the sanction would prohibit, 
        restrict, or condition the provision or use of any agricultural 
        commodity, medicine, or medical device that is--
                    (A) controlled on the United States Munitions List 
                established under section 38 of the Arms Export Control 
                Act (22 U.S.C. 2778);
                    (B) controlled on any control list established under 
                the Export Administration Act of 1979 or any successor 
                statute (50 U.S.C. App. 2401 et seq.); or
                    (C) used to facilitate the development or production 
                of a chemical or biological weapon or weapon of mass 
                destruction.

SEC. 905. TERMINATION OF SANCTIONS.

    Any unilateral agricultural sanction or unilateral medical sanction 
that is imposed pursuant to the procedures described in section 903(a) 
shall terminate not later than 2 years after the date on which the 
sanction became effective unless--
            (1) not later than 60 days before the date of termination of 
        the sanction, the President submits to Congress a report 
        containing--
                    (A) the recommendation of the President for the 
                continuation of the sanction for an additional period of 
                not to exceed 2 years; and
                    (B) the request of the President for approval by 
                Congress of the recommendation; and
            (2) there is enacted into law a joint resolution stating the 
        approval of Congress for the report submitted under paragraph 
        (1).

SEC. 906. STATE SPONSORS OF INTERNATIONAL TERRORISM.

    (a) Requirement.--
            (1) In general.--Notwithstanding any other provision of this 
        title (other than section 904), the export of agricultural 
        commodities, medicine, or medical devices to Cuba or to the 
        government of a country that has been determined by the 
        Secretary of State to have repeatedly provided support for acts 
        of international terrorism under section 620A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2371), section 6( j)(1) of the 
        Export Administration Act of 1979 (50 U.S.C. App. 2405( j)(1)), 
        or section 40(d) of the Arms Export Control Act (22 U.S.C. 
        2780(d)), or to any other entity in such a country, shall only 
        be made pursuant to 1-year licenses issued by the United States 
        Government for contracts entered into during the 1-year period 
        of the license and shipped within the 12-month period beginning 
        on the date of the signing of the contract, except that the 
        requirements of such 1-year licenses shall be no more 
        restrictive than license exceptions administered by the 
        Department of Commerce or general licenses administered by the 
        Department of the Treasury, except that procedures shall be in 
        place to deny licenses for exports to any entity within such 
        country promoting international terrorism.
            (2) Exception.--Paragraph (1) shall not apply with respect 
        to the export of agricultural commodities, medicine, or medical

[[Page 114 STAT. 1549A-70]]

        devices to the Government of Syria or to the Government of North 
        Korea.

    (b) Quarterly Reports.--The applicable department or agency of the 
Federal Government shall submit to the appropriate congressional 
committees on a quarterly basis a report on any activities undertaken 
under subsection (a)(1) during the preceding calendar quarter.
    (c) Biennial Reports.--Not later than 2 years after the date of 
enactment of this Act, and every 2 years thereafter, the applicable 
department or agency of the Federal Government shall submit a report to 
the appropriate congressional committees on the operation of the 
licensing system under this section for the preceding 2-year period, 
including--
            (1) the number and types of licenses applied for;
            (2) the number and types of licenses approved;
            (3) the average amount of time elapsed from the date of 
        filing of a license application until the date of its approval;
            (4) the extent to which the licensing procedures were 
        effectively implemented; and
            (5) a description of comments received from interested 
        parties about the extent to which the licensing procedures were 
        effective, after the applicable department or agency holds a 
        public 30-day comment period.

SEC. 907. CONGRESSIONAL PROCEDURES.

    (a) Referral of Report.--A report described in section 903(a)(1) or 
905(1) shall be referred to the appropriate committee or committees of 
the House of Representatives and to the appropriate committee or 
committees of the Senate.
    (b) Referral of Joint Resolution.--
            (1) In general.--A joint resolution introduced in the Senate 
        shall be referred to the Committee on Foreign Relations, and a 
        joint resolution introduced in the House of Representatives 
        shall be referred to the Committee on International Relations.
            (2) Reporting date.--A joint resolution referred to in 
        paragraph (1) may not be reported before the eighth session day 
        of Congress after the introduction of the joint resolution.

SEC. 908. PROHIBITION ON UNITED STATES ASSISTANCE AND FINANCING.

    (a) Prohibition on United States Assistance.--
            (1) In general.--Notwithstanding any other provision of law, 
        no United States Government assistance, including United States 
        foreign assistance, United States export assistance, and any 
        United States credit or guarantees shall be available for 
        exports to Cuba or for commercial exports to Iran, Libya, North 
        Korea, or Sudan.
            (2) Rule of construction.--Nothing in paragraph (1) shall be 
        construed to alter, modify, or otherwise affect the provisions 
        of section 109 of the Cuban Liberty and Democratic Solidarity 
        (LIBERTAD) Act of 1996 (22 U.S.C. 6039) or any other provision 
        of law relating to Cuba in effect on the day before the date of 
        the enactment of this Act.
            (3) Waiver.--The President may waive the application of 
        paragraph (1) with respect to Iran, Libya, North Korea, and 
        Sudan to the degree the President determines that it is in

[[Page 114 STAT. 1549A-71]]

        the national security interest of the United States to do so, or 
        for humanitarian reasons.

    (b) Prohibition on Financing of Agricultural Sales to Cuba.--
            (1) In general.--No United States person may provide payment 
        or financing terms for sales of agricultural commodities or 
        products to Cuba or any person in Cuba, except in accordance 
        with the following terms (notwithstanding part 515 of title 31, 
        Code of Federal Regulations, or any other provision of law):
                    (A) Payment of cash in advance.
                    (B) Financing by third country financial 
                institutions (excluding United States persons or 
                Government of Cuba entities), except that such financing 
                may be confirmed or advised by a United States financial 
                institution.
        Nothing in this paragraph authorizes payment terms or trade 
        financing involving a debit or credit to an account of a person 
        located in Cuba or of the Government of Cuba maintained on the 
        books of a United States depository institution.
            (2) Penalties.--Any private person or entity that violates 
        paragraph (1) shall be subject to the penalties provided in the 
        Trading With the Enemy Act for violations under that Act.
            (3) Administration and enforcement.--The President shall 
        issue such regulations as are necessary to carry out this 
        section, except that the President, in lieu of issuing new 
        regulations, may apply any regulations in effect on the date of 
        the enactment of this Act, pursuant to the Trading With the 
        Enemy Act, with respect to the conduct prohibited in paragraph 
        (1).
            (4) Definitions.--In this subsection--
                    (A) the term ``financing'' includes any loan or 
                extension of credit;
                    (B) the term ``United States depository 
                institution'' means any entity (including its foreign 
                branches or subsidiaries) organized under the laws of 
                any jurisdiction within the United States, or any 
                agency, office or branch located in the United States of 
                a foreign entity, that is engaged primarily in the 
                business of banking (including a bank, savings bank, 
                savings association, credit union, trust company, or 
                United States bank holding company); and
                    (C) the term ``United States person'' means the 
                Federal Government, any State or local government, or 
                any private person or entity of the United States.

SEC. 909. PROHIBITION ON ADDITIONAL IMPORTS FROM CUBA.

    Nothing in this title shall be construed to alter, modify, or 
otherwise affect the provisions of section 515.204 of title 31, Code of 
Federal Regulations, relating to the prohibition on the entry into the 
United States of merchandise that: (1) is of Cuban origin; (2) is or has 
been located in or transported from or through Cuba; or (3) is made or 
derived in whole or in part of any article which is the growth, produce, 
or manufacture of Cuba.

SEC. 910. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED TRANSACTIONS 
            WITH CUBA.

    (a) Authorization of Travel Relating to Commercial Sale of 
Agricultural Commodities.--The Secretary of the Treasury

[[Page 114 STAT. 1549A-72]]

shall promulgate regulations under which the travel-related transactions 
listed in subsection (c) of section 515.560 of title 31, Code of Federal 
Regulations, may be authorized on a case-by-case basis by a specific 
license for travel to, from, or within Cuba for the commercial export 
sale of agricultural commodities pursuant to the provisions of this 
title.
    (b) Prohibition on Travel Relating to Tourist Activities.--
            (1) In general.--Notwithstanding any other provision of law 
        or regulation, the Secretary of the Treasury, or any other 
        Federal official, may not authorize the travel-related 
        transactions listed in subsection (c) of section 515.560 of 
        title 31, Code of Federal Regulations, either by a general 
        license or on a case-by-case basis by a specific license for 
        travel to, from, or within Cuba for tourist activities.
            (2) Definition.--In this subsection, the term ``tourist 
        activities'' means any activity with respect to travel to, from, 
        or within Cuba that is not expressly authorized in subsection 
        (a) of this section, in any of paragraphs (1) through (12) of 
        section 515.560 of title 31, Code of Federal Regulations, or in 
        any section referred to in any of such paragraphs (1) through 
        (12) (as such sections were in effect on June 1, 2000).

SEC. 911. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this title 
shall take effect on the date of enactment of this Act, and shall apply 
thereafter in any fiscal year.
    (b) Existing Sanctions.--In the case of any unilateral agricultural 
sanction or unilateral medical sanction that is in effect as of the date 
of enactment of this Act, this title shall take effect 120 days after 
the date of enactment of this Act, and shall apply thereafter in any 
fiscal year.

              TITLE X--CONTINUED DUMPING AND SUBSIDY OFFSET

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Continued Dumping and Subsidy 
Offset Act of 2000''.

SEC. 1002. FINDINGS OF CONGRESS.

    Congress makes the following findings:
            (1) Consistent with the rights of the United States under 
        the World Trade Organization, injurious dumping is to be 
        condemned and actionable subsidies which cause injury to 
        domestic industries must be effectively neutralized.
            (2) United States unfair trade laws have as their purpose 
        the restoration of conditions of fair trade so that jobs and 
        investment that should be in the United States are not lost 
        through the false market signals.
            (3) The continued dumping or subsidization of imported 
        products after the issuance of antidumping orders or findings or 
        countervailing duty orders can frustrate the remedial purpose of 
        the laws by preventing market prices from returning to fair 
        levels.
            (4) Where dumping or subsidization continues, domestic 
        producers will be reluctant to reinvest or rehire and may be 
        unable to maintain pension and health care benefits that 
        conditions of fair trade would permit. Similarly, small 
        businesses and American farmers and ranchers may be unable to 
        pay

[[Page 114 STAT. 1549A-73]]

        down accumulated debt, to obtain working capital, or to 
        otherwise remain viable.
            (5) United States trade laws should be strengthened to see 
        that the remedial purpose of those laws is achieved.

SEC. 1003. AMENDMENTS TO THE TARIFF ACT OF 1930.

    (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.) is amended by inserting after section 753 the following new 
section:

``SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.

    ``(a) In General.--Duties assessed pursuant to a countervailing duty 
order, an antidumping duty order, or a finding under the Antidumping Act 
of 1921 shall be distributed on an annual basis under this section to 
the affected domestic producers for qualifying expenditures. Such 
distribution shall be known as the `continued dumping and subsidy 
offset'.
    ``(b) Definitions.--As used in this section:
            ``(1) Affected domestic producer.--The term `affected 
        domestic producer' means any manufacturer, producer, farmer, 
        rancher, or worker representative (including associations of 
        such persons) that--
                    ``(A) was a petitioner or interested party in 
                support of the petition with respect to which an 
                antidumping duty order, a finding under the Antidumping 
                Act of 1921, or a countervailing duty order has been 
                entered, and
                    ``(B) remains in operation.
         Companies, businesses, or persons that have ceased the 
        production of the product covered by the order or finding or who 
        have been acquired by a company or business that is related to a 
        company that opposed the investigation shall not be an affected 
        domestic producer.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of Customs.
            ``(3) Commission.--The term `Commission' means the United 
        States International Trade Commission.
            ``(4) Qualifying expenditure.--The term `qualifying 
        expenditure' means an expenditure incurred after the issuance of 
        the antidumping duty finding or order or countervailing duty 
        order in any of the following categories:
                    ``(A) Manufacturing facilities.
                    ``(B) Equipment.
                    ``(C) Research and development.
                    ``(D) Personnel training.
                    ``(E) Acquisition of technology.
                    ``(F) Health care benefits to employees paid for by 
                the employer.
                    ``(G) Pension benefits to employees paid for by the 
                employer.
                    ``(H) Environmental equipment, training, or 
                technology.
                    ``(I) Acquisition of raw materials and other inputs.
                    ``(J) Working capital or other funds needed to 
                maintain production.
            ``(5) Related to.--A company, business, or person shall be 
        considered to be `related to' another company, business, or 
        person if--

[[Page 114 STAT. 1549A-74]]

                    ``(A) the company, business, or person directly or 
                indirectly controls or is controlled by the other 
                company, business, or person,
                    ``(B) a third party directly or indirectly controls 
                both companies, businesses, or persons,
                    ``(C) both companies, businesses, or persons 
                directly or indirectly control a third party and there 
                is reason to believe that the relationship causes the 
                first company, business, or persons to act differently 
                than a nonrelated party.
        For purposes of this paragraph, a party shall be considered to 
        directly or indirectly control another party if the party is 
        legally or operationally in a position to exercise restraint or 
        direction over the other party.

    ``(c) Distribution Procedures.--The Commissioner shall prescribe 
procedures for distribution of the continued dumping or subsidies offset 
required by this section. Such distribution shall be made not later than 
60 days after the first day of a fiscal year from duties assessed during 
the preceding fiscal year.
    ``(d) Parties Eligible for Distribution of Antidumping and 
Countervailing Duties Assessed.--
            ``(1) List of affected domestic producers.--The Commission 
        shall forward to the Commissioner within 60 days after the 
        effective date of this section in the case of orders or findings 
        in effect on January 1, 1999, or thereafter, or in any other 
        case, within 60 days after the date an antidumping or 
        countervailing duty order or finding is issued, a list of 
        petitioners and persons with respect to each order and finding 
        and a list of persons that indicate support of the petition by 
        letter or through questionnaire response. In those cases in 
        which a determination of injury was not required or the 
        Commission's records do not permit an identification of those in 
        support of a petition, the Commission shall consult with the 
        administering authority to determine the identity of the 
        petitioner and those domestic parties who have entered 
        appearances during administrative reviews conducted by the 
        administering authority under section 751.
            ``(2) Publication of list; certification.--The Commissioner 
        shall publish in the Federal Register at least 30 days before 
        the distribution of a continued dumping and subsidy offset, a 
        notice of intention to distribute the offset and the list of 
        affected domestic producers potentially eligible for the 
        distribution based on the list obtained from the Commission 
        under paragraph (1). The Commissioner shall request a 
        certification from each potentially eligible affected domestic 
        producer--
                    ``(A) that the producer desires to receive a 
                distribution;
                    ``(B) that the producer is eligible to receive the 
                distribution as an affected domestic producer; and
                    ``(C) the qualifying expenditures incurred by the 
                producer since the issuance of the order or finding for 
                which distribution under this section has not previously 
                been made.
            ``(3) Distribution of funds.--The Commissioner shall 
        distribute all funds (including all interest earned on the 
        funds) from assessed duties received in the preceding fiscal 
        year to affected domestic producers based on the certifications

[[Page 114 STAT. 1549A-75]]

        described in paragraph (2). The distributions shall be made on a 
        pro rata basis based on new and remaining qualifying 
        expenditures.

    ``(e) Special Accounts.--
            ``(1) Establishments.--Within 14 days after the effective 
        date of this section, with respect to antidumping duty orders 
        and findings and countervailing duty orders notified under 
        subsection (d)(1), and within 14 days after the date an 
        antidumping duty order or finding or countervailing duty order 
        issued after the effective date takes effect, the Commissioner 
        shall establish in the Treasury of the United States a special 
        account with respect to each such order or finding.
            ``(2) Deposits into accounts.--The Commissioner shall 
        deposit into the special accounts, all antidumping or 
        countervailing duties (including interest earned on such duties) 
        that are assessed after the effective date of this section under 
        the antidumping order or finding or the countervailing duty 
        order with respect to which the account was established.
            ``(3) Time and manner of distributions.--Consistent with the 
        requirements of subsections (c) and (d), the Commissioner shall 
        by regulation prescribe the time and manner in which 
        distribution of the funds in a special account shall be made.
            ``(4) Termination.--A special account shall terminate 
        after--
                    ``(A) the order or finding with respect to which the 
                account was established has terminated;
                    ``(B) all entries relating to the order or finding 
                are liquidated and duties assessed collected;
                    ``(C) the Commissioner has provided notice and a 
                final opportunity to obtain distribution pursuant to 
                subsection (c); and
                    ``(D) 90 days has elapsed from the date of the 
                notice described in subparagraph (C).
        Amounts not claimed within 90 days of the date of the notice 
        described in subparagraph (C), shall be deposited into the 
        general fund of the Treasury.''.

    (b) Conforming Amendment.--The table of contents for title VII of 
the Tariff Act of 1930 is amended by inserting the following new item 
after the item relating to section 753:

``Sec. 754. Continued dumping and subsidy offset.''.

    (c) Effective Date.--The amendments made by this section shall apply 
with respect to all antidumping and countervailing duty assessments made 
on or after October 1, 2000.

               TITLE XI--CONSERVATION OF FARMABLE WETLAND

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Conservation of Farmable Wetland 
Act of 2000''.

SEC. 1102. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER ACREAGE IN 
            CONSERVATION RESERVE.

    (a) In General.--Section 1231 of the Food Security Act of 1985 (16 
U.S.C. 3831) is amended by adding at the end the following:

[[Page 114 STAT. 1549A-76]]

    ``(h) Pilot Program for Enrollment of Wetland and Buffer Acreage in 
Conservation Reserve.--
            ``(1) In general.--During the 2001 and 2002 calendar years, 
        the Secretary shall carry out a pilot program in the States of 
        Iowa, Minnesota, Montana, Nebraska, North Dakota, and South 
        Dakota under which the Secretary shall include eligible acreage 
        described in paragraph (3) in the program established under this 
        subchapter.
            ``(2) Participation among states.--The Secretary shall 
        ensure, to the maximum extent practicable, that owners and 
        operators in each of the States referred to in paragraph (1) 
        have an equitable opportunity to participate in the pilot 
        program established under this subsection.
            ``(3) Eligible acreage.--
                    ``(A) In general.--Subject to subparagraphs (B) 
                through (D), an owner or operator may enroll in the 
                conservation reserve under this subsection--
                          ``(i) a wetland (including a converted wetland 
                      described in section 1222(b)(1)(A)) that was 
                      cropped during at least three of the immediately 
                      preceding 10 crop years; and
                          ``(ii) buffer acreage that--
                                    ``(I) is contiguous to the wetland 
                                described in clause (i);
                                    ``(II) is used to protect the 
                                wetland; and
                                    ``(III) is of such width as the 
                                Secretary determines is necessary to 
                                protect the wetland, taking into 
                                consideration and accommodating the 
                                farming practices (including the 
                                straightening of boundaries to 
                                accommodate machinery) used with respect 
                                to the cropland that surrounds the 
                                wetland.
                    ``(B) Exclusions.--An owner or operator may not 
                enroll in the conservation reserve under this 
                subsection--
                          ``(i) any wetland, or land on a floodplain, 
                      that is, or is adjacent to, a perennial riverine 
                      system wetland identified on the final national 
                      wetland inventory map of the Secretary of the 
                      Interior; or
                          ``(ii) in the case of an area that is not 
                      covered by the final national inventory map, any 
                      wetland, or land on a floodplain, that is adjacent 
                      to a perennial stream identified on a 1-24,000 
                      scale map of the United States Geological Survey.
                    ``(C) Program limitations.--
                          ``(i) In general.--The Secretary may enroll in 
                      the conservation reserve under this subsection--
                                    ``(I) not more than 500,000 acres in 
                                all States referred to in paragraph (1); 
                                and
                                    ``(II) not more than 150,000 acres 
                                in any one State referred to in 
                                paragraph (1).
                          ``(ii) Relationship to program maximum.--
                      Subject to clause (iii), for the purposes of 
                      subsection (d), any acreage enrolled in the 
                      conservation reserve under this subsection shall 
                      be considered acres maintained in the conservation 
                      reserve.

[[Page 114 STAT. 1549A-77]]

                          ``(iii) Relationship to other enrolled 
                      acreage.--Acreage enrolled under this subsection 
                      shall not affect for any fiscal year the quantity 
                      of--
                                    ``(I) acreage enrolled to establish 
                                conservation buffers as part of the 
                                program announced on March 24, 1998 (63 
                                Fed. Reg. 14109); or
                                    ``(II) acreage enrolled into the 
                                conservation reserve enhancement program 
                                announced on May 27, 1998 (63 Fed. Reg. 
                                28965).
                    ``(D) Owner or operator limitations.--
                          ``(i) Wetland.--The maximum size of any 
                      wetland described in subparagraph (A)(i) of an 
                      owner or operator enrolled in the conservation 
                      reserve under this subsection shall be 5 
                      contiguous acres.
                          ``(ii) Buffer acreage.--The maximum size of 
                      any buffer acreage described in subparagraph 
                      (A)(ii) of an owner or operator enrolled in the 
                      conservation reserve under this subsection shall 
                      be the greater of--
                                    ``(I) three times the size of any 
                                wetland described in subparagraph (A)(i) 
                                to which the buffer acreage is 
                                contiguous; or
                                    ``(II) 150 feet on either side of 
                                the wetland.
                          ``(iii) Tracts.--The maximum size of any 
                      eligible acreage described in subparagraph (A) in 
                      a tract (as determined by the Secretary) of an 
                      owner or operator enrolled in the conservation 
                      reserve under this subsection shall be 40 acres.
            ``(4) Duties of owners and operators.--Under a contract 
        entered into under this subsection, during the term of the 
        contract, an owner or operator of a farm or ranch must agree--
                    ``(A) to restore the hydrology of the wetland within 
                the eligible acreage to the maximum extent practicable, 
                as determined by the Secretary;
                    ``(B) to establish vegetative cover on the eligible 
                acreage, as determined by the Secretary; and
                    ``(C) to carry out other duties described in section 
                1232.
            ``(5) Duties of the secretary.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), in return for a contract 
                entered into by an owner or operator under this 
                subsection, the Secretary shall make payments and 
                provide assistance to the owner or operator in 
                accordance with sections 1233 and 1234.
                    ``(B) Continuous signup.--The Secretary shall use 
                continuous signup under section 1234(c)(2)(B) to 
                determine the acceptability of contract offers and the 
                amount of rental payments under this subsection.
                    ``(C) Incentives.--The amounts payable to owners and 
                operators in the form of rental payments under contracts 
                entered into under this subsection shall reflect 
                incentives that are provided to owners and operators to 
                enroll filterstrips in the conservation reserve under 
                section 1234.''.

SEC. 1103. INCIDENTAL GRAZING.

    Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 
3832(a)(7)(A)) is amended--
            (1) by striking ``occurs during'' and

[[Page 114 STAT. 1549A-78]]

        inserting ``occurs--
                                    ``(I) in the case of land other than 
                                eligible acreage enrolled under section 
                                1231(h), during''; and
            (2) by adding at the end the following:
                                    ``(II) in the case of eligible 
                                acreage enrolled under section 1231(h), 
                                at any time other than during the period 
                                beginning May 1 and ending August 1 of 
                                each year for a reduction in rental 
                                payment commensurate with the limited 
                                economic value of such incidental 
                                grazing; and''.

SEC. 1104. STUDY OF IMPACT OF PILOT PROGRAM.

    (a) In General.--The Secretary of Agriculture shall conduct a study 
of the impact of the pilot program established under section 1231(h) of 
the Food Security Act of 1985 (16 U.S.C. 3831(h)) (as added by section 
1102(a)) on--
            (1) enrollment of owners and operators in--
                    (A) the conservation reserve program established 
                under subchapter B of chapter 1 of subtitle D of title 
                XII of that Act (16 U.S.C. 3831 et seq.);
                    (B) the wetlands reserve program established under 
                subchapter C of chapter 1 of subtitle D of title XII of 
                that Act (16 U.S.C. 3837 et seq.); and
                    (C) other Federal and State conservation programs;
            (2) types of environmentally sensitive acreage that have not 
        been enrolled in the wetlands reserve program; and
            (3) conservation of soil, water, and related natural 
        resources, including grazing land, wetland, and wildlife 
        habitat.

    (b) Reports.--Not later than March 1, 2003, the Secretary shall 
submit to the Committee on Agriculture of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry of the Senate 
a report on the results of the study.

SEC. 1105. REGULATIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary of Agriculture shall promulgate such 
regulations as are necessary to implement the amendments made by this 
Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of the amendments made by this Act shall be made without 
regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').

    (c) Congressional Review of Agency Rulemaking.--In carrying out this 
section, the Secretary shall use the authority provided under section 
808 of title 5, United States Code.

[[Page 114 STAT. 1549A-79]]

      TITLE XII--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Hass Avocado Promotion, Research, 
and Information Act of 2000''.

SEC. 1202. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) Hass avocados are an integral food source in the United 
        States that are a valuable and healthy part of the human diet 
        and are enjoyed by millions of persons every year for a 
        multitude of everyday and special occasions.
            (2) Hass avocados are a significant tree fruit crop grown by 
        many individual producers, but virtually all domestically 
        produced Hass avocados for the commercial market are grown in 
        the State of California.
            (3) Hass avocados move in interstate and foreign commerce, 
        and Hass avocados that do not move in interstate or foreign 
        channels of commerce but only in intrastate commerce directly 
        affect interstate commerce in Hass avocados.
            (4) In recent years, large quantities of Hass avocados have 
        been imported into the United States from other countries.
            (5) The maintenance and expansion of markets in existence on 
        the date of enactment of this title, and the development of new 
        or improved markets or uses for Hass avocados are needed to 
        preserve and strengthen the economic viability of the domestic 
        Hass avocado industry for the benefit of producers and other 
        persons associated with the producing, marketing, processing, 
        and consuming of Hass avocados.
            (6) An effective and coordinated program of promotion, 
        research, industry information, and consumer information 
        regarding Hass avocados is necessary for the maintenance, 
        expansion, and development of domestic markets for Hass 
        avocados.

    (b) Purpose.--It is the purpose of this title to authorize the 
establishment, through the exercise of the powers provided in this 
title, of an orderly procedure for the development and financing 
(through an adequate assessment on Hass avocados sold by producers and 
importers in the United States) of an effective and coordinated program 
of promotion, research, industry information, and consumer information, 
including funds for marketing and market research activities, that is 
designed to--
            (1) strengthen the position of the Hass avocado industry in 
        the domestic marketplace; and
            (2) maintain, develop, and expand markets and uses for Hass 
        avocados in the domestic marketplace.

    (c) Limitation.--Nothing in this title may be construed to provide 
for the control of production or otherwise limit the right of any person 
to produce, handle, or import Hass avocados.

SEC. 1203. DEFINITIONS.

    As used in this title:
            (1) Board.--The terms ``Avocado Board'' and ``Board'' mean 
        the Hass Avocado Board established under section 1205.
            (2) Conflict of interest.--The term ``conflict of interest'' 
        means a situation in which a member or employee of the

[[Page 114 STAT. 1549A-80]]

        Board has a direct or indirect financial interest in a person 
        that performs a service for, or enters into a contract with, the 
        Board for anything of economic value.
            (3) Consumer information.--The term ``consumer information'' 
        means any action or program that provides information to 
        consumers and other persons on the use, nutritional attributes, 
        and other information that will assist consumers and other 
        persons in making evaluations and decisions regarding the 
        purchase, preparation, and use of Hass avocados.
            (4) Customs.--The term ``Customs'' means the United States 
        Customs Service.
            (5) Department.--The term ``Department'' means the United 
        States Department of Agriculture.
            (6) Hass avocado.--
                    (A) In general.--The term ``Hass avocado'' 
                includes--
                          (i) the fruit of any Hass variety avocado 
                      tree; and
                          (ii) any other type of avocado fruit that the 
                      Board, with the approval of the Secretary, 
                      determines is so similar to the Hass variety 
                      avocado as to be indistinguishable to consumers in 
                      fresh form.
                    (B) Form of fruit.--Except as provided in 
                subparagraph (C), the term includes avocado fruit 
                described in subparagraph (A) whether in fresh, frozen, 
                or any other processed form.
                    (C) Exceptions.--In any case in which a handler 
                further processes avocados described in subparagraph 
                (A), or products of such avocados, for sale to a 
                retailer, the Board, with the approval of the Secretary, 
                may determine that such further processed products do 
                not constitute a substantial value of the product and 
                that, based on its determination, the product shall not 
                be treated as a product of Hass avocados subject to 
                assessment under the order. In addition, the Board, with 
                the approval of the Secretary, may exempt certain frozen 
                avocado products from assessment under the order.
            (7) Handler.--
                    (A) First handler.--The term ``first handler'' means 
                a person operating in the Hass avocados marketing system 
                that sells domestic or imported Hass avocados for United 
                States domestic consumption, and who is responsible for 
                remitting assessments to the Board. The term includes an 
                importer or producer who sells directly to consumers 
                Hass avocados that the importer or producer has imported 
                into the United States or produced, respectively.
                    (B) Exempt handler.--The term ``exempt handler'' 
                means a person who would otherwise be considered a first 
                handler, except that all avocados purchased by the 
                person have already been subject to the assessment under 
                section 1205(h).
            (8) Importer.--The term ``importer'' means any person who 
        imports Hass avocados into the United States.
            (9) Industry information.--The term ``industry information'' 
        means information and programs that are designed to increase 
        efficiency in processing, enhance the development of new markets 
        and marketing strategies, increase marketing efficiency, and 
        activities to enhance the image of Hass avocados and the Hass 
        avocado industry domestically.

[[Page 114 STAT. 1549A-81]]

            (10) Order.--The term ``order'' means the Hass avocado 
        promotion, research, and information order issued under this 
        title.
            (11) Person.--The term ``person'' means any individual, 
        group of individuals, firm, partnership, corporation, joint 
        stock company, association, cooperative, or other legal entity.
            (12) Producer.--The term ``producer'' means any person who--
                    (A) is engaged in the domestic production of Hass 
                avocados for commercial use; and
                    (B) owns, or shares the ownership and risk of loss, 
                of such Hass avocados.
            (13) Promotion.--The term ``promotion'' means any action to 
        advance the image, desirability, or marketability of Hass 
        avocados, including paid advertising, sales promotion, and 
        publicity, in order to improve the competitive position and 
        stimulate sales of Hass avocados in the domestic marketplace.
            (14) Research.--The term ``research'' means any type of 
        test, study, or analysis relating to market research, market 
        development, and marketing efforts, or relating to the use, 
        quality, or nutritional value of Hass avocados, other related 
        food science research, or research designed to advance the 
        image, desirability, and marketability of Hass avocados.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (16) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Commonwealth of the Northern 
        Mariana Islands, the United States Virgin Islands, Guam, 
        American Samoa, the Republic of the Marshall Islands, and the 
        Federated States of Micronesia.
            (17) United states.--The term ``United States'' means the 
        United States collectively.

SEC. 1204. ISSUANCE OF ORDERS.

    (a) In General.--
            (1) Issuance.--To effectuate the policy of this title 
        specified in section 1202(b), the Secretary, subject to the 
        procedures provided in subsection (b), shall issue orders under 
        this title applicable to producers, importers, and first 
        handlers of Hass avocados.
            (2) Scope.--Any order shall be national in scope.
            (3) One order.--Not more than one order shall be in effect 
        at any one time.

    (b) Procedures.--
            (1) Proposal for an order.--An existing organization of 
        avocado producers established pursuant to a State statute, or 
        any other person who will be affected by this title, may request 
        the issuance of, and submit a proposal for an order.
            (2) Publication of proposal.--The Secretary shall publish a 
        proposed order and give notice and opportunity for public 
        comment on the proposed order not later than 60 days after 
        receipt by the Secretary of a proposal for an order from an 
        existing organization of avocado producers established pursuant 
        to a State statute, as provided in paragraph (1).
            (3) Issuance of order.--

[[Page 114 STAT. 1549A-82]]

                    (A) In general.--After notice and opportunity for 
                public comment are provided in accordance with paragraph 
                (2), the Secretary shall issue the order, taking into 
                consideration the comments received and including in the 
                order such provisions as are necessary to ensure that 
                the order is in conformity with this title.
                    (B) Effective date.--The order shall be issued and 
                become effective only after an affirmative vote in a 
                referendum as provided in section 1206, but not later 
                than 180 days after publication of the proposed order.

    (c) Amendments.--The Secretary, from time to time, may amend an 
order. The provisions of this title applicable to an order shall be 
applicable to any amendment to an order.

SEC. 1205. REQUIRED TERMS IN ORDERS.

    (a) In General.--An order shall contain the terms and provisions 
specified in this section.
    (b) Hass Avocado Board.--
            (1) Establishment and membership.--
                    (A) Establishment.--The order shall provide for the 
                establishment of a Hass Avocado Board, consisting of 12 
                members, to administer the order.
                    (B) Membership.--
                          (i) Appointment.--The order shall provide that 
                      members of the Board shall be appointed by the 
                      Secretary from nominations submitted as provided 
                      in this subsection.
                          (ii) Composition.--The Board shall consist of 
                      participating domestic producers and importers.
                    (C) Special definition of importer.--In this 
                subsection, the term ``importer'' means a person who is 
                involved in, as a substantial activity, the importation, 
                sale, and marketing of Hass avocados in the United 
                States (either directly or as an agent, broker, or 
                consignee of any person or nation that produces or 
                handles Hass avocados outside the United States for sale 
                in the United States), and who is subject to assessments 
                under the order.
            (2) Distribution of appointments.--
                    (A) In general.--The order shall provide that the 
                membership of the Board shall consist of the following:
                          (i) Seven members who are domestic producers 
                      of Hass avocados and are subject to assessments 
                      under the order.
                          (ii) Two members who represent importers of 
                      Hass avocados and are subject to assessments under 
                      the order.
                          (iii) Three members who are domestic producers 
                      of Hass avocados and are subject to assessments 
                      under the order, or are importers of Hass avocados 
                      and are subject to assessments under the order, to 
                      reflect the proportion of domestic production and 
                      imports supplying the United States market, which 
                      shall be based on the Secretary's determination of 
                      the average volume of domestic production of Hass 
                      avocados proportionate to the average volume of 
                      imports of Hass avocados in the United States over 
                      the previous 3 years.

[[Page 114 STAT. 1549A-83]]

                    (B) Adjustment in board representation.--Three years 
                after the assessment of Hass avocados commences pursuant 
                to an order, and at the end of each 3-year period 
                thereafter, the Avocado Board shall adjust the 
                proportion of producer representatives to importer 
                representatives on the Board under subparagraph (A)(iii) 
                on the basis of the amount of assessments collected from 
                producers and importers over the immediately preceding 
                3-year period. Any adjustment under this subparagraph 
                shall be subject to the review and approval of the 
                Secretary.
            (3) Nomination process.--The order shall provide that--
                    (A) two nominees shall be submitted for each 
                appointment to the Board;
                    (B) nominations for each appointment of a producer 
                or an importer shall be made by domestic producers or 
                importers, respectively--
                          (i) in the case of producers, through an 
                      election process which utilizes existing 
                      organizations of avocado producers established 
                      pursuant to a State statute, with approval by the 
                      Secretary; and
                          (ii) in the case of importers, nominations are 
                      submitted by importers under such procedures as 
                      the Secretary determines appropriate; and
                    (C) in any case in which producers or importers fail 
                to nominate individuals for an appointment to the Board, 
                the Secretary may appoint an individual to fill the 
                vacancy on a basis provided in the order or other 
                regulations of the Secretary.
            (4) Alternates.--The order shall provide for the selection 
        of alternate members of the Board by the Secretary in accordance 
        with procedures specified in the order.
            (5) Terms.--The order shall provide that--
                    (A) each term of appointment to the Board shall be 
                for 3 years, except that, of the initial appointments, 
                four of the appointments shall be for 2-year terms, four 
                of the appointments shall be for 3-year terms, and four 
                of the appointments shall be for 4-year terms; and
                    (B) no member of the Board may serve more than 2 
                consecutive terms of 3 years, except that any member 
                serving an initial term of 4 years may serve an 
                additional term of 3 years.
            (6) Replacement.--
                    (A) Disqualification from board service.--The order 
                shall provide that if a member or alternate of the Board 
                who was appointed as a domestic producer or importer 
                ceases to belong to the group for which such member was 
                appointed, such member or alternate shall be 
                disqualified from serving on the Board.
                    (B) Manner of filling vacancy.--A vacancy arising as 
                a result of disqualification or any other reason before 
                the expiration of the term of office of an incumbent 
                member or alternate of the Board shall be filled in a 
                manner provided in the order.
            (7) Compensation.--The order shall provide that members and 
        alternates of the Board shall serve without compensation, but 
        shall be reimbursed for the reasonable expenses incurred in 
        performing duties as members or alternates of the Board.

[[Page 114 STAT. 1549A-84]]

    (c) General Responsibilities of the Avocado Board.--The order shall 
define the general responsibilities of the Avocado Board, which shall 
include the responsibility to--
            (1) administer the order in accordance with the terms and 
        provisions of the order;
            (2) meet, organize, and select from among the members of the 
        Board a chairperson, other officers, and committees and 
        subcommittees, as the Board determines to be appropriate;
            (3) recommend to the Secretary rules and regulations to 
        effectuate the terms and provisions of the order;
            (4) employ such persons as the Board determines are 
        necessary, and set the compensation and define the duties of the 
        persons;
            (5)(A) develop budgets for the implementation of the order 
        and submit the budgets to the Secretary for approval under 
        subsection (d); and
            (B) propose and develop (or receive and evaluate), approve, 
        and submit to the Secretary for approval under subsection (d) 
        plans or projects for Hass avocado promotion, industry 
        information, consumer information, or related research;
            (6)(A) implement plans and projects for Hass avocado 
        promotion, industry information, consumer information, or 
        related research, as provided in subsection (d); or
            (B) contract or enter into agreements with appropriate 
        persons to implement the plans and projects, as provided in 
        subsection (e), and pay the costs of the implementation, or 
        contracts and agreement, with funds received under the order;
            (7) evaluate on-going and completed plans and projects for 
        Hass avocado promotion, industry information, consumer 
        information, or related research and comply with the independent 
        evaluation provisions of the Commodity Promotion, Research, and 
        Information Act of 1996 (subtitle B of title V of Public Law 
        104-127; 7 U.S.C. 7401 et seq.);
            (8) receive, investigate, and report to the Secretary 
        complaints of violations of the order;
            (9) recommend to the Secretary amendments to the order;
            (10) invest, pending disbursement under a plan or project, 
        funds collected through assessments authorized under this title 
        only in--
                    (A) obligations of the United States or any agency 
                of the United States;
                    (B) general obligations of any State or any 
                political subdivision of a State;
                    (C) any interest-bearing account or certificate of 
                deposit of a bank that is a member of the Federal 
                Reserve System; or
                    (D) obligations fully guaranteed as to principal and 
                interest by the United States, except that income from 
                any such invested funds may be used only for a purpose 
                for which the invested funds may be used;
            (11) borrow funds necessary for the startup expenses of the 
        order; and
            (12) provide the Secretary such information as the Secretary 
        may require.

    (d) Budgets; Plans and Projects.--
            (1) Submission of budgets.--The order shall require the 
        Board to submit to the Secretary for approval budgets, on

[[Page 114 STAT. 1549A-85]]

        a fiscal year basis, of the anticipated expenses and 
        disbursements of the Board in the implementation of the order, 
        including the projected costs of Hass avocado promotion, 
        industry information, consumer information, and related research 
        plans and projects.
            (2) Plans and projects.--
                    (A) Promotion and consumer information.--The order 
                shall provide--
                          (i) for the establishment, implementation, 
                      administration, and evaluation of appropriate 
                      plans and projects for advertising, sales 
                      promotion, other promotion, and consumer 
                      information with respect to Hass avocados, and for 
                      the disbursement of necessary funds for the 
                      purposes described in this clause; and
                          (ii) that any plan or project referred to in 
                      clause (i) shall be directed toward increasing the 
                      general demand for Hass avocados in the domestic 
                      marketplace.
                    (B) Industry information.--The order shall provide 
                for the establishment, implementation, administration, 
                and evaluation of appropriate plans and projects that 
                will lead to the development of new markets, maintain 
                and expand existing markets, lead to the development of 
                new marketing strategies, or increase the efficiency of 
                the Hass avocado industry, and activities to enhance the 
                image of the Hass avocado industry, and for the 
                disbursement of necessary funds for the purposes 
                described in this subparagraph.
                    (C) Research.--The order shall provide for--
                          (i) the establishment, implementation, 
                      administration, and evaluation of plans and 
                      projects for market development research, research 
                      with respect to the sale, distribution, marketing, 
                      use, quality, or nutritional value of Hass 
                      avocados, and other research with respect to Hass 
                      avocado marketing, promotion, industry information 
                      or consumer information;
                          (ii) the dissemination of the information 
                      acquired through the plans and projects; and
                          (iii) the disbursement of such funds as are 
                      necessary to carry out this subparagraph.
                    (D) Submission to secretary.--The order shall 
                provide that the Board shall submit to the Secretary for 
                approval a proposed plan or project for Hass avocados 
                promotion, industry information, consumer information, 
                or related research, as described in subparagraphs (A), 
                (B), and (C).
            (3) Approval by secretary.--A budget, plan, or project for 
        Hass avocados promotion, industry information, consumer 
        information, or related research may not be implemented prior to 
        approval of the budget, plan, or project by the Secretary. Not 
        later than 45 days after receipt of such a budget, plan, or 
        project, the Secretary shall notify the Board whether the 
        Secretary approves or disapproves the budget, plan, or project. 
        If the Secretary fails to provide such notice before the end of 
        the 45-day period, the budget, plan, or project shall be deemed 
        to be approved and may be implemented by the Board.

    (e) Contracts and Agreements.--

[[Page 114 STAT. 1549A-86]]

            (1) Promotion, consumer information, industry information 
        and related research plans and projects.--
                    (A) In general.--To ensure the efficient use of 
                funds, the order shall provide that the Board, with the 
                approval of the Secretary, shall enter into a contract 
                or an agreement with an avocado organization established 
                by State statute in a State with the majority of Hass 
                avocado production in the United States, for the 
                implementation of a plan or project for promotion, 
                industry information, consumer information, or related 
                research with respect to Hass avocados, and for the 
                payment of the cost of the contract or agreement with 
                funds received by the Board under the order.
                    (B) Requirements.--The order shall provide that any 
                contract or agreement entered into under this paragraph 
                shall provide that--
                          (i) the contracting or agreeing party shall 
                      develop and submit to the Board a plan or project, 
                      together with a budget that includes the estimated 
                      costs to be incurred for the plan or project;
                          (ii) the plan or project shall become 
                      effective on the approval of the Secretary; and
                          (iii) the contracting party or agreeing party 
                      shall--
                                    (I) keep accurate records of all 
                                transactions of the party;
                                    (II) account for funds received and 
                                expended;
                                    (III) make periodic reports to the 
                                Board of activities conducted; and
                                    (IV) make such other reports as the 
                                Board or the Secretary shall require.
            (2) Other contracts and agreements.--The order shall provide 
        that the Board, with the approval of the Secretary, may enter 
        into a contract or agreement for administrative services. Any 
        contract or agreement entered into under this paragraph shall 
        include provisions comparable to the provisions described in 
        paragraph (1)(B).

    (f ) Books and Records of Board.--
            (1) In general.--The order shall require the Board to--
                    (A) maintain such books and records (which shall be 
                available to the Secretary for inspection and audit) as 
                the Secretary may require;
                    (B) prepare and submit to the Secretary, from time 
                to time, such reports as the Secretary may require; and
                    (C) account for the receipt and disbursement of all 
                the funds entrusted to the Board, including all 
                assessment funds disbursed by the Board to a State 
                organization of avocado producers established pursuant 
                to State law.
            (2) Audits.--The Board shall cause the books and records of 
        the Board to be audited by an independent auditor at the end of 
        each fiscal year. A report of each audit shall be submitted to 
        the Secretary.

    (g) Control of Administrative Costs.--
            (1) System of cost controls.--The order shall provide that 
        the Board shall, as soon as practicable after the order becomes 
        effective and after consultation with the Secretary and other 
        appropriate persons, implement a system of cost controls based 
        on normally accepted business practices that--

[[Page 114 STAT. 1549A-87]]

                    (A) will ensure that the costs incurred by the Board 
                in administering the order in any fiscal year shall not 
                exceed 10 percent of the projected level of assessments 
                to be collected by the Board for that fiscal year; and
                    (B) cover the minimum administrative activities and 
                personnel needed to properly administer and enforce the 
                order, and conduct, supervise, and evaluate plans and 
                projects under the order.
            (2) Use of existing personnel and facilities.--The Board 
        shall use, to the extent possible, the resources, staffs, and 
        facilities of existing organizations, as provided in subsection 
        (e)(1)(A).

    (h) Assessments.--
            (1) Authority.--
                    (A) In general.--The order shall provide that each 
                first handler shall remit to the Board, in the manner 
                provided in the order, an assessment collected from the 
                producer, except to the extent that the sale is excluded 
                from assessments under paragraph (6). In the case of 
                imports, the assessment shall be levied upon imports and 
                remitted to the Board by Customs.
                    (B) Published lists.--To facilitate the payment of 
                assessments under this paragraph, the Board shall 
                publish lists of first handlers required to remit 
                assessments under the order and exempt handlers.
                    (C) Making determinations.--
                          (i) First handler status.--The order shall 
                      contain provisions regarding the determination of 
                      the status of a person as a first handler or 
                      exempt handler.
                          (ii) Producer-handlers.--For purposes of 
                      paragraph (3), a producer-handler shall be 
                      considered the first handler of those Hass 
                      avocados that are produced by that producer-
                      handler and packed by that producer-handler for 
                      sale at wholesale or retail.
                          (iii) Importers.--The assessment on imported 
                      Hass avocados shall be paid by the importer to 
                      Customs at the time of entry into the United 
                      States and shall be remitted by Customs to the 
                      Board. Importation occurs when Hass avocados 
                      originating outside the United States are released 
                      from custody of Customs and introduced into the 
                      stream of commerce within the United States. 
                      Importers include persons who hold title to 
                      foreign-produced Hass avocados immediately upon 
                      release by Customs, as well as any persons who act 
                      on behalf of others, as agents, brokers, or 
                      consignees, to secure the release of Hass avocados 
                      from Customs and the introduction of the released 
                      Hass avocados into the current of commerce.
            (2) Assessment rates.--With respect to assessment rates, the 
        order shall contain the following terms:
                    (A) Initial rate.--The rate of assessment on Hass 
                avocados shall be $.025 per pound on fresh avocados or 
                the equivalent rate for processed avocados on which an 
                assessment has not been paid.
                    (B) Changes in the rate.--
                          (i) In general.--Once the order in is effect, 
                      the uniform assessment rate may be increased or 
                      decreased

[[Page 114 STAT. 1549A-88]]

                      not more than once annually, but in no event shall 
                      the rate of assessment be in excess of $.05 per 
                      pound.
                          (ii) Requirements.--Any change in the rate of 
                      assessment under this subparagraph--
                                    (I) may be made only if adopted by 
                                the Board by an affirmative vote of at 
                                least seven members of the Board and 
                                approved by the Secretary as necessary 
                                to achieve the objectives of this title 
                                (after public notice and opportunity for 
                                comment in accordance with section 553 
                                of title 5, United States Code, and 
                                without regard to sections 556 and 557 
                                of such title);
                                    (II) shall be announced by the Board 
                                not less than 30 days prior to going 
                                into effect; and
                                    (III) shall not be subject to a vote 
                                in a referendum conducted under section 
                                1206.
            (3) Collection by first handlers.--Except as provided in 
        paragraph (1)(C)(iii), the first handler of Hass avocados shall 
        be responsible for the collection of assessments from the 
        producer under this subsection. As part of the collection of 
        assessments, the first handler shall maintain a separate record 
        of the Hass avocados of each producer whose Hass avocados are so 
        handled, including the Hass avocados produced by the first 
        handler.
            (4) Timing of submitting assessments.--The order shall 
        provide that each person required to remit assessments under 
        this subsection shall remit to the Board the assessment due from 
        each sale of Hass avocados that is subject to an assessment 
        within such time period after the sale (not to exceed 60 days 
        after the end of the month in which the sale took place) as is 
        specified in the order.
            (5) Claiming an exemption from collecting assessments.--To 
        claim an exemption under section 1203(6) as an exempt handler 
        for a particular fiscal year, a person shall submit an 
        application to the Board--
                    (A) stating the basis for such exemption; and
                    (B) certifying such person will not purchase Hass 
                avocados in the United States on which an assessment has 
                not been paid for the current fiscal year.
            (6) Exclusion.--An order shall exclude from assessments 
        under the order any sale of Hass avocados for export from the 
        United States.
            (7) Use of assessment funds.--The order shall provide that 
        assessment funds shall be used for payment of costs incurred in 
        implementing and administering the order, with provision for a 
        reasonable reserve, and to cover the administrative costs 
        incurred by the Secretary in implementing and administering this 
        title, including any expenses incurred by the Secretary in 
        conducting referenda under this title, subject to subsection 
        (i).
            (8) Assessment funds for state association.--The order shall 
        provide that a State organization of avocado producers 
        established pursuant to State law shall receive an amount equal 
        to the product obtained by multiplying the aggregate amount of 
        assessments attributable to the pounds of Hass avocados produced 
        in such State by 85 percent. The State organization shall use 
        such funds and any proceeds from the

[[Page 114 STAT. 1549A-89]]

        investment of such funds for financing domestic promotion, 
        research, consumer information, and industry information plans 
        and projects, except that no such funds shall be used for the 
        administrative expenses of such State organization.
            (9) Assessment funds for importers associations.--
                    (A) In general.--The order shall provide that any 
                importers association shall receive a credit described 
                in subparagraph (B) if such association is--
                          (i) established pursuant to State law that 
                      requires detailed State regulation comparable to 
                      that applicable to the State organization of 
                      United States avocado producers, as determined by 
                      the Secretary; or
                          (ii) certified by the Secretary as meeting the 
                      requirements applicable to the Board as to 
                      budgets, plans, projects, audits, conflicts of 
                      interest, and reimbursements for administrative 
                      costs incurred by the Secretary.
                    (B) Credit.--An importers association described in 
                subparagraph (A) shall receive 85 percent of the 
                assessments paid on Hass avocados imported by the 
                members of such association.
                    (C) Use of funds.--
                          (i) In general.--Importers associations 
                      described in subparagraph (A) shall use the funds 
                      described in subparagraph (B) and proceeds from 
                      the investment of such funds for financing 
                      promotion, research, consumer information, and 
                      industry information plans and projects in the 
                      United States.
                          (ii) Administrative expenses.--No funds 
                      described in subparagraph (C) shall be used for 
                      the administrative expenses of such importers 
                      association.

    (i) Reimbursement of Secretary Expenses.--The order shall provide 
for reimbursing the Secretary--
            (1) for expenses not to exceed $25,000 incurred by the 
        Secretary in connection with any referendum conducted under 
        section 1206;
            (2) for administrative costs incurred by the Secretary for 
        supervisory work of up to two employee years annually after an 
        order or amendment to any order has been issued and made 
        effective; and
            (3) for costs incurred by the Secretary in implementation of 
        the order issued under section 1204, for enforcement of the 
        title and the order, for subsequent referenda conducted under 
        section 1206, and in defending the Board in litigation arising 
        out of action taken by the Board.

    ( j) Prohibition on Brand Advertising and Certain Claims.--
            (1) Prohibitions.--Except as provided in paragraph (2), a 
        program or project conducted under this title shall not--
                    (A) make any reference to private brand names;
                    (B) make false, misleading, or disparaging claims on 
                behalf of Hass avocados; or
                    (C) make false, misleading, or disparaging 
                statements with respect to the attributes or use of any 
                competing products.
            (2) Exceptions.--Paragraph (1) does not preclude the Board 
        from offering its programs and projects for use by

[[Page 114 STAT. 1549A-90]]

        commercial parties, under such terms and conditions as the Board 
        may prescribe as approved by the Secretary. For the purposes of 
        this subsection, a reference to State of origin does not 
        constitute a reference to a private brand name with regard to 
        any funds credited to, or disbursed by the Board to, a State 
        organization of avocado producers established pursuant to State 
        law. Furthermore, for the purposes of this section, a reference 
        to either State of origin or country of origin does not 
        constitute a reference to a private brand name with regard to 
        any funds credited to, or disbursed by the Board to, any 
        importers association established or certified in accordance 
        with subsection (h)(9)(A).

    (k) Prohibition on Use of Funds To Influence Governmental Action.--
            (1) In general.--Except as otherwise provided in paragraph 
        (2), the order shall prohibit any funds collected by the Board 
        under the order from being used in any manner for the purpose of 
        influencing legislation or government action or policy.
            (2) Exception.--Paragraph (1) shall not apply to the 
        development or recommendation of amendments to the order.

    (l) Prohibition of Conflict of Interest.--The Board may not engage 
in, and shall prohibit the employees and agents of the Board from 
engaging in, any action that would be a conflict of interest.
    (m) Books and Records; Reports.--
            (1) In general.--The order shall provide that each first 
        handler, producer, and importer subject to the order shall 
        maintain, and make available for inspection, such books and 
        records as are required by the order and file reports at the 
        time, in the manner, and having the content required by the 
        order, to the end that such information is made available to the 
        Secretary and the Board as is appropriate for the administration 
        or enforcement of this title, the order, or any regulation 
        issued under this title.
            (2) Confidentiality requirement.--
                    (A) In general.--Information obtained from books, 
                records, or reports under paragraph (1) shall be kept 
                confidential by all officers and employees of the 
                Department of Agriculture and by the staff and agents of 
                the Board.
                    (B) Suits and hearings.--Information described in 
                subparagraph (A) may be disclosed to the public only--
                          (i) in a suit or administrative hearing 
                      brought at the request of the Secretary, or to 
                      which the Secretary or any officer of the United 
                      States is a party, involving the order; and
                          (ii) to the extent the Secretary considers the 
                      information relevant to the suit or hearing.
                    (C) General statements and publications.--Nothing in 
                this paragraph may be construed to prohibit--
                          (i) the issuance of general statements, based 
                      on the reports, of the number of persons subject 
                      to the order or statistical data collected from 
                      the reports, if the statements do not identify the 
                      information furnished by any person; or
                          (ii) the publication, by direction of the 
                      Secretary, of the name of any person who violates 
                      the order,

[[Page 114 STAT. 1549A-91]]

                      together with a statement of the particular 
                      provisions of the order violated by the person.
            (3) Lists of importers.--
                    (A) Review.--The order shall provide that the staff 
                of the Board shall periodically review lists of 
                importers of Hass avocados to determine whether persons 
                on the lists are subject to the order.
                    (B) Customs service.--On the request of the 
                Secretary or the Board, the Commissioner of the United 
                States Customs Service shall provide to the Secretary or 
                the Board lists of importers of Hass avocados.

    (n) Consultations With Industry Experts.--
            (1) In general.--The order shall provide that the Board may 
        seek advice from and consult with experts from the production, 
        import, wholesale, and retail segments of the Hass avocado 
        industry to assist in the development of promotion, industry 
        information, consumer information, and related research plans 
        and projects.
            (2) Special committees.--
                    (A) In general.--For the purposes described in 
                paragraph (1), the order shall authorize the appointment 
                of special committees composed of persons other than 
                Board members.
                    (B) Consultation.--A committee appointed under 
                subparagraph (A) shall consult directly with the Board.

    (o) Other Terms of the Order.--The order shall contain such other 
terms and provisions, consistent with this title, as are necessary to 
carry out this title (including provision for the assessment of interest 
and a charge for each late payment of assessments under subsection (h)).

SEC. 1206. REFERENDA.

    (a) Requirements for Initial Referendum.--
            (1) Referendum required.--During the 60-day period 
        immediately preceding the proposed effective date of an order 
        issued under section 1204(b)(3), the Secretary shall conduct a 
        referendum among producers and importers required to pay 
        assessments under the order, as provided in section 1205(h)(1).
            (2) Approval of order needed.--The order shall become 
        effective only if the Secretary determines that the order has 
        been approved by a simple majority of all votes cast in the 
        referendum.

    (b) Votes Permitted.--
            (1) In general.--Each producer and importer eligible to vote 
        in a referendum conducted under this section shall be entitled 
        to cast one vote if they satisfy the eligibility requirements as 
        defined in paragraph (2).
            (2) Eligibility.--For purposes of paragraph (1), producers 
        and importers, as these terms are defined in section 1203, shall 
        be considered to be eligible to vote if they have been producers 
        or importers with sales of Hass avocados during a period of at 
        least 1 year prior to the referendum.

    (c) Manner of Conducting Referenda.--
            (1) In general.--Referenda conducted pursuant to this title 
        shall be conducted in a manner determined by the Secretary.

[[Page 114 STAT. 1549A-92]]

            (2) Advance registration.--A producer or importer of Hass 
        avocados who chooses to vote in any referendum conducted under 
        this title shall register with the Secretary prior to the voting 
        period, after receiving notice from the Secretary concerning the 
        referendum under paragraph (4).
            (3) Voting.--A producer or importer of Hass avocados who 
        chooses to vote in any referendum conducted under this title 
        shall vote in accordance with procedures established by the 
        Secretary. The ballots and other information or reports that 
        reveal or tend to reveal the identity or vote of voters shall be 
        strictly confidential.
            (4) Notice.--The Secretary shall notify all producers and 
        importers at least 30 days prior to the referendum conducted 
        under this title. The notice shall explain the procedure 
        established under this subsection.

    (d) Subsequent Referenda.--If an order is approved in a referendum 
conducted under subsection (a), effective beginning on the date that is 
3 years after the date of the approval, the Secretary--
            (1) at the discretion of the Secretary, may conduct at any 
        time a referendum of producers and importers required to pay 
        assessments under the order, as provided in section 1205(h)(1), 
        subject to the voting requirements of subsections (b) and (c), 
        to ascertain whether eligible producers and importers favor 
        suspension, termination, or continuance of the order; or
            (2) shall conduct a referendum of eligible producers and 
        importers if requested by the Board or by a representative group 
        comprising 30 percent or more of all producers and importers 
        required to pay assessments under the order, as provided in 
        section 1205(h)(1), subject to the voting requirements of 
        subsections (b) and (c), to ascertain whether producers and 
        importers favor suspension, termination, or continuance of the 
        order.

    (e) Suspension or Termination.--If, as a result of a referendum 
conducted under subsection (d), the Secretary determines that suspension 
or termination of the order is favored by a simple majority of all votes 
cast in the referendum, the Secretary shall--
            (1) not later than 180 days after the referendum, suspend or 
        terminate, as appropriate, collection of assessments under the 
        order; and
            (2) suspend or terminate, as appropriate, activities under 
        the order as soon as practicable and in an orderly manner.

SEC. 1207. PETITION AND REVIEW.

    (a) Petition and Hearing.--
            (1) Petition.--A person subject to an order may file with 
        the Secretary a petition--
                    (A) stating that the order, any provision of the 
                order, or any obligation imposed in connection with the 
                order is not in accordance with law; and
                    (B) requesting a modification of the order or an 
                exemption from the order.
            (2) Hearing.--The petitioner shall be given the opportunity 
        for a hearing on a petition filed under paragraph (1), in 
        accordance with regulations issued by the Secretary. Any such 
        hearing shall be conducted in accordance with section 1209(b)(2) 
        and

[[Page 114 STAT. 1549A-93]]

        be held within the United States judicial district in which the 
        residence or principal place of business of the person is 
        located.
            (3) Ruling.--After a hearing under paragraph (2), the 
        Secretary shall make a ruling on the petition, which shall be 
        final if in accordance with law.
            (4) Limitation.--Any petition filed under this subsection 
        challenging an order, any provision of the order, or any 
        obligation imposed in connection with the order, shall be filed 
        within 2 years after the effective date of the order, provision, 
        or obligation subject to challenge in the petition.

    (b) Review.--
            (1) Commencement of action.--The district courts of the 
        United States in any district in which a person who is a 
        petitioner under subsection (a) resides or conducts business 
        shall have jurisdiction to review the ruling of the Secretary on 
        the petition of the person, if a complaint requesting the review 
        is filed no later than 20 days after the date of the entry of 
        the ruling by the Secretary.
            (2) Process.--Service of process in proceedings under this 
        subsection shall be conducted in accordance with the Federal 
        Rules of Civil Procedure.
            (3) Remand.--If the court in a proceeding under this 
        subsection determines that the ruling of the Secretary on the 
        petition of the person is not in accordance with law, the court 
        shall remand the matter to the Secretary with directions--
                    (A) to make such ruling as the court shall determine 
                to be in accordance with law; or
                    (B) to take such further action as, in the opinion 
                the court, the law requires.

    (c) Enforcement.--The pendency of proceedings instituted under this 
section shall not impede, hinder, or delay the Attorney General or the 
Secretary from obtaining relief under section 1208.

SEC. 1208. ENFORCEMENT.

    (a) Jurisdiction.--A district court of the United States shall have 
jurisdiction to enforce, and to prevent and restrain any person from 
violating, this title or an order or regulation issued by the Secretary 
under this title.
    (b) Referral to Attorney General.--A civil action brought under 
subsection (a) shall be referred to the Attorney General for appropriate 
action, except that the Secretary is not required to refer to the 
Attorney General a violation of this title, or an order or regulation 
issued under this title, if the Secretary believes that the 
administration and enforcement of this title would be adequately served 
by administrative action under subsection (c) or suitable written notice 
or warning to the person who committed or is committing the violation.
    (c) Civil Penalties and Orders.--
            (1) Civil penalties.--
                    (A) In general.--A person who violates a provision 
                of this title, or an order or regulation issued by the 
                Secretary under this title, or who fails or refuses to 
                pay, collect, or remit any assessment or fee required of 
                the person under an order or regulation issued under 
                this title, may be assessed by the Secretary--

[[Page 114 STAT. 1549A-94]]

                          (i) a civil penalty of not less than $1,000 
                      nor more than $10,000 for each violation; and
                          (ii) in the case of a willful failure to remit 
                      an assessment as required by an order or 
                      regulation, an additional penalty equal to the 
                      amount of the assessment.
                    (B) Separate offenses.--Each violation shall be a 
                separate offense.
            (2) Cease and desist orders.--In addition to or in lieu of a 
        civil penalty under paragraph (1), the Secretary may issue an 
        order requiring a person to cease and desist from continuing a 
        violation of this title, or an order or regulation issued under 
        this title.
            (3) Notice and hearing.--No penalty shall be assessed, or 
        cease and desist order issued, by the Secretary under this 
        subsection unless the Secretary gives the person against whom 
        the penalty is assessed or the order is issued notice and 
        opportunity for a hearing before the Secretary with respect to 
        the violation. Any such hearing shall be conducted in accordance 
        with section 1209(b)(2) and shall be held within the United 
        States judicial district in which the residence or principal 
        place of business of the person is located.
            (4) Finality.--The penalty assessed or cease and desist 
        order issued under this subsection shall be final and conclusive 
        unless the person against whom the penalty is assessed or the 
        order is issued files an appeal with the appropriate district 
        court of the United States in accordance with subsection (d).

    (d) Review by District Court.--
            (1) Commencement of action.--
                    (A) In general.--Any person against whom a violation 
                is found and a civil penalty is assessed or a cease and 
                desist order is issued under subsection (c) may obtain 
                review of the penalty or order by, within the 30-day 
                period beginning on the date the penalty is assessed or 
                the order is issued--
                          (i) filing a notice of appeal in the district 
                      court of the United States for the district in 
                      which the person resides or conducts business, or 
                      in the United States District Court for the 
                      District of Columbia; and
                          (ii) sending a copy of the notice by certified 
                      mail to the Secretary.
                    (B) Copy of record.--The Secretary shall promptly 
                file in the court a certified copy of the record on 
                which the Secretary found that the person had committed 
                a violation.
            (2) Standard of review.--A finding of the Secretary shall be 
        set aside under this subsection only if the finding is found to 
        be unsupported by substantial evidence.

    (e) Failure To Obey an Order.--
            (1) In general.--A person who fails to obey a cease and 
        desist order issued under subsection (c) after the order has 
        become final and unappealable, or after the appropriate United 
        States district court had entered a final judgment in favor of 
        the Secretary of not more than $10,000 for each offense, after 
        opportunity for a hearing and for judicial review under the 
        procedures specified in subsections (c) and (d).

[[Page 114 STAT. 1549A-95]]

            (2) Separate violations.--Each day during which the person 
        fails to obey an order described in paragraph (1) shall be 
        considered as a separate violation of the order.

    (f ) Failure To Pay a Penalty.--
            (1) In general.--If a person fails to pay a civil penalty 
        assessed under subsection (c) or (e) after the penalty has 
        become final and unappealable, or after the appropriate United 
        States district court has entered final judgment in favor of the 
        Secretary, the Secretary shall refer the matter to the Attorney 
        General for recovery of the amount assessed in any United States 
        district court in which the person resides or conducts business.
            (2) Scope of review.--In an action by the Attorney General 
        under paragraph (1), the validity and appropriateness of a civil 
        penalty shall not be subject to review.

    (g) Additional Remedies.--The remedies provided in this title shall 
be in addition to, and not exclusive of, other remedies that may be 
available.

SEC. 1209. INVESTIGATIONS AND POWER TO SUBPOENA.

    (a) Investigations.--The Secretary may conduct such investigations 
as the Secretary considers necessary for the effective administration of 
this title, or to determine whether any person has engaged or is 
engaging in any act that constitutes a violation of this title or any 
order or regulation issued under this title.
    (b) Subpoenas, Oaths, and Affirmations.--
            (1) Investigations.--For the purpose of conducting an 
        investigation under subsection (a), the Secretary may administer 
        oaths and affirmations, subpoena witnesses, compel the 
        attendance of witnesses, take evidence, and require the 
        production of any records that are relevant to the inquiry. The 
        production of the records may be required from any place in the 
        United States.
            (2) Administrative hearings.--For the purpose of an 
        administrative hearing held under section 1207(a)(2) or 
        1208(c)(3), the presiding officer may administer oaths and 
        affirmations, subpoena witnesses, compel the attendance of 
        witnesses, take evidence, and require the production of any 
        records that are relevant to the inquiry. The attendance of 
        witnesses and the production of the records may be required from 
        any place in the United States.

    (c) Aid of Courts.--
            (1) In general.--In the case of contumacy by, or refusal to 
        obey a subpoena issued under subsection (b) to, any person, the 
        Secretary may invoke the aid of any court of the United States 
        within the jurisdiction of which the investigation or proceeding 
        is conducted, or where the person resides or conducts business, 
        in order to enforce a subpoena issued under subsection (b).
            (2) Order.--The court may issue an order requiring the 
        person referred to in paragraph (1) to comply with a subpoena 
        referred to in paragraph (1).
            (3) Failure to obey.--Any failure to obey the order of the 
        court may be punished by the court as a contempt of court.
            (4) Process.--Process in any proceeding under this 
        subsection may be served in the United States judicial district

[[Page 114 STAT. 1549A-96]]

        in which the person being proceeded against resides or conducts 
        business, or wherever the person may be found.

SEC. 1210. CONFIDENTIALITY.

    (a) Prohibition.--No information regarding names of voters or how a 
person voted in a referendum conducted under this title shall be made 
public.
    (b) Penalty.--Any person who knowingly violates subsection (a) or 
the confidentiality terms of an order, as described in section 
1205(m)(2), shall be subject to a fine of not less that $1,000 nor more 
than $10,000 or to imprisonment for not more than 1 year, or both. If 
the person is an officer or employee of the Department of Agriculture or 
the Board, the person shall be removed from office.
    (c) Additional Prohibition.--No information obtained under this 
title may be made available to any agency or officer of the Federal 
Government for any purpose other than the implementation of this title 
or an investigatory or enforcement action necessary for the 
implementation of this title.
    (d) Withholding Information From Congress Prohibited.--Nothing in 
this title shall be construed to authorize the withholding of 
information from Congress.

SEC. 1211. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE ORDER.

    (a) Grounds for Suspension or Termination.--If the Secretary finds 
that an order, or any provision of the order, obstructs or does not tend 
to effectuate the policy of this title specified in section 1202(b), the 
Secretary shall terminate or suspend the operation of the order or 
provision under such terms as the Secretary determines are appropriate.
    (b) Effect of Lack of Approval of Order.--If, as a result of a 
referendum, the Secretary determines that the order is not approved, the 
Secretary shall, within 180 days after making the determination, 
suspend, or terminate, as appropriate, collection of assessments under 
the order, and suspend or terminate, as appropriate, activities under 
the order in an orderly manner as soon as possible.

SEC. 1212. RULES OF CONSTRUCTION.

    (a) Termination or Suspension Not an Order.--The termination or 
suspension of an order, or a provision of an order, shall not be 
considered an order under the meaning of this title.
    (b) Rights.--This title--
            (1) may not be construed to provide for control of 
        production or otherwise limit the right of individual Hass 
        avocado growers, handlers and importers to produce, handle, or 
        import Hass avocados; and
            (2) shall be construed to treat all persons producing, 
        handling, and importing Hass avocados fairly and to implement 
        any order in an equitable manner.

    (c) Other Programs.--Nothing in this title may be construed to 
preempt or supersede any other program relating to Hass avocado 
promotion, research, industry information, and consumer information 
organized and operated under the laws of the United States or of a 
State.

[[Page 114 STAT. 1549A-97]]

SEC. 1213. REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry 
out this title and the powers vested in the Secretary by this title, 
including regulations relating to the assessment of late payment charges 
and interest.

SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each 
fiscal year such sums as are necessary to carry out this title.
    (b) Administrative Expenses.--Funds appropriated under subsection 
(a) may not be used for the payment of the expenses or expenditures of 
the Board in administering a provision of an order.

                       TITLE XIII--DEBT REDUCTION

                       DEPARTMENT OF THE TREASURY

                        Bureau of the Public Debt

       gifts to the united states for reduction of the public debt

    For deposit of an additional amount for fiscal year 2001 into the 
account established under section 3113(d) of title 31, United States 
Code, to reduce the public debt, $5,000,000,000.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2001''.