S.1191 - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002107th Congress (2001-2002)
Bill
Hide Overview| Sponsor: | Sen. Kohl, Herb [D-WI] (Introduced 07/18/2001) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 107-41 |
| Latest Action: | Senate - 11/29/2001 Indefinitely postponed by Senate by Unanimous Consent. (All Actions) |
| Notes: | For further action, see H.R. 2330, which became Public Law 107-76 on 11/28/2001. |
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Placed on Calendar Senate (07/18/2001)
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 1191 Placed on Calendar Senate (PCS)]
Calendar No. 91
107th CONGRESS
1st Session
S. 1191
[Report No. 107-41]
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2002, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2001
Mr. Kohl, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2002, and for other
purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,992,000: 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, $7,648,000.
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $12,766,000.
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, $6,978,000.
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, $10,261,000.
common computing environment
For necessary expenses to acquire a Common Computing Environment
for the Natural Resources Conservation Service, the Farm and Foreign
Agricultural Service and Rural Development mission areas for
information technology, systems, and services, $59,369,000, to remain
available until expended, for the capital asset acquisition of shared
information technology systems, including services as authorized by 7
U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of
these funds shall be consistent with the Department of Agriculture
Service Center Modernization Plan of the county-based agencies, and
shall be with the concurrence of the Department's Chief Information
Officer.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $10,000 is for employment under 5 U.S.C. 3109, $5,335,000:
Provided, That the Chief Financial Officer shall actively market and
expand cross-servicing activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this
Act, $647,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings, $187,581,000, 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., $15,665,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $37,079,000, 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),
$3,493,000, 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, $3,684,000: Provided, That these
funds may be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level: Provided
further, That no other funds appropriated to the Department by this Act
shall be available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the
dissemination of agricultural information, and the coordination of
information, work, and programs authorized by Congress in the
Department, $8,894,000, 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, $70,839,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including not to exceed $50,000 for employment under 5 U.S.C.
3109; and including not to exceed $125,000 for certain confidential
operational expenses, including the payment of informants, to be
expended under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$32,627,000.
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,
$573,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$67,200,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture, as
authorized by 7 U.S.C. 1621-1627, Public Law 105-113, and other laws,
$113,786,000, of which up to $25,350,000 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, $1,004,738,000: Provided, That appropriations hereunder
shall be available for temporary employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $115,000 shall be available for employment under 5
U.S.C. 3109: Provided further, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except for
10 buildings to be constructed or improved at a cost not to exceed
$750,000 each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center, including an easement to the University
of Maryland to construct the Transgenic Animal Facility which upon
completion shall be accepted by the Secretary as a gift: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by law.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing
of tobacco or tobacco products.
In fiscal year 2002, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account, and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $99,625,000,
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,
$542,580,000, as follows: to carry out the provisions of the Hatch Act
(7 U.S.C. 361a-i), $180,148,000; for grants for cooperative forestry
research (16 U.S.C. 582a-a7), $21,884,000; for payments to the 1890
land-grant colleges, including Tuskegee University (7 U.S.C. 3222),
$32,604,000, of which $998,000 shall be made available to West Virginia
State College in Institute, West Virginia; for special grants for
agricultural research (7 U.S.C. 450i(c)), $84,040,000; for special
grants for agricultural research on improved pest control (7 U.S.C.
450i(c)), $14,691,000; for competitive research grants (7 U.S.C.
450i(b)), $137,000,000; for the support of animal health and disease
programs (7 U.S.C. 3195), $5,098,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $898,000; 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), $800,000, to remain available until expended; for the 1994
research program (7 U.S.C. 301 note), $998,000, to remain available
until expended; for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), $2,993,000, to remain available until expended (7
U.S.C. 2209b); for higher education challenge grants (7 U.S.C.
3152(b)(1)), $4,340,000; for a higher education multicultural scholars
program (7 U.S.C. 3152(b)(5)), $998,000, to remain available until
expended (7 U.S.C. 2209b); for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241), $3,492,000; for
noncompetitive grants for the purpose of carrying out all provisions of
7 U.S.C. 3242 (Section 759 of Public Law 106-78) to individual eligible
institutions or consortia of eligible institutions in Alaska and in
Hawaii, with funds awarded equally to each of the States of Alaska and
Hawaii, $3,000,000; for a secondary agriculture education program and
2-year post-secondary education (7 U.S.C. 3152(h)), $1,000,000; for
aquaculture grants (7 U.S.C. 3322), $4,000,000; for sustainable
agriculture research and education (7 U.S.C. 5811), $13,000,000; for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.
321-326 and 328), including Tuskegee University, $9,479,000, to remain
available until expended (7 U.S.C. 2209b); for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382,
$1,549,000; and for necessary expenses of Research and Education
Activities, of which not to exceed $100,000 shall be for employment
under 5 U.S.C. 3109, $20,568,000.
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, $434,038,000, as follows: payments for cooperative extension
work under the Smith-Lever Act, to be distributed under sections 3(b)
and 3(c) of said Act, and under section 208(c) of Public Law 93-471,
for retirement and employees' compensation costs for extension agents
and for costs of penalty mail for cooperative extension agents and
State extension directors, $275,940,000; payments for extension work at
the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,273,000; payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,566,000; payments
for the pest management program under section 3(d) of the Act,
$10,759,000; payments for the farm safety program under section 3(d) of
the Act, $4,700,000; 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), $13,500,000, to remain available until expended;
payments for the rural development centers under section 3(d) of the
Act, $1,000,000; payments for youth-at-risk programs under section 3(d)
of the Act, $8,481,000; for youth farm safety education and
certification extension grants, to be awarded competitively under
section 3(d) of the Act, $499,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978,
$5,000,000; payments for Indian reservation agents under section 3(d)
of the Act, $1,996,000; payments for sustainable agriculture programs
under section 3(d) of the Act, $4,500,000; payments for rural health
and safety education as authorized by section 2390 of Public Law 101-
624 (7 U.S.C. 2661 note, 2662), $2,622,000; payments for cooperative
extension work by the colleges receiving the benefits of the second
Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University,
$28,181,000, of which $998,000 shall be made available to West Virginia
State College in Institute, West Virginia; and for Federal
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and
to coordinate and provide program leadership for the extension work of
the Department and the several States and insular possessions,
$15,021,000: 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), $42,350,000, as
follows: payments for the water quality program, $12,971,000; payments
for the food safety program, $14,967,000; payments for the national
agriculture pesticide impact assessment program, $4,531,000; payments
for the Food Quality Protection Act risk mitigation program for major
food crop systems, $4,889,000; payments for the crops affected by Food
Quality Protection Act implementation, $1,497,000; payments for the
methyl bromide transition program, $2,495,000; and payments for the
organic transition program, $1,000,000.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service; the Agricultural Marketing Service; and the Grain
Inspection, Packers and Stockyards Administration; $654,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under the
Acts of March 2, 1931 (46 Stat. 1468) and December 22, 1987 (101 Stat.
1329-1331) (7 U.S.C. 426-426c); and to protect the environment, as
authorized by law, $602,754,000, of which $4,096,000 shall be available
for the control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds to the extent
necessary to meet emergency conditions; of which $79,157,000 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.
In fiscal year 2002, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be credited to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
2002, $84,813,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $5,189,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses to carry out services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administration
and coordination of payments to States, including field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225) and not to exceed $90,000 for employment under 5
U.S.C. 3109, $71,430,000, including funds for the wholesale market
development program for the design and development of wholesale and
farmer market facilities for the major metropolitan areas of the
country: Provided, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,596,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $13,874,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,347,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain
under the Agricultural Marketing Act of 1946, including field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 for
employment under 5 U.S.C. 3109, $34,000,000: 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 $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $476,000.
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), $715,747,000, of which no
less than $608,730,000 shall be available for Federal food inspection;
and in addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1017 of Public Law 102-237: Provided, That this appropriation
shall be available for field employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not
to exceed $75,000 shall be available for employment under 5 U.S.C.
3109: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $606,000.
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,
$939,030,000: 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), $3,993,000.
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
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, $100,000, 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, $1,146,996,000, of which $1,000,000,000 shall be for
guaranteed loans; operating loans, $2,616,729,000, of which
$1,500,000,000 shall be for unsubsidized guaranteed loans and
$505,531,000 shall be for subsidized guaranteed loans; Indian tribe
land acquisition loans as authorized by 25 U.S.C. 488, $2,000,000; for
emergency insured loans, $25,000,000 to meet the needs resulting from
natural disasters; and for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $8,366,000, of which
$4,500,000 shall be for guaranteed loans; operating loans,
$175,780,000, of which $52,650,000 shall be for unsubsidized guaranteed
loans and $68,550,000 shall be for subsidized guaranteed loans; Indian
tribe land acquisition loans as authorized by 25 U.S.C. 488, $118,400;
and for emergency insured loans, $3,362,500 to meet the needs resulting
from natural disasters.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $280,595,000, of which
$272,595,000 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),
$74,752,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act, such sums as may be necessary, to remain available until
expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
reimbursement for net realized losses
For fiscal year 2002, such sums as may be necessary to reimburse
the Commodity Credit Corporation for net realized losses sustained, but
not previously reimbursed, pursuant to section 2 of the Act of August
17, 1961 (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
(limitation on expenses)
For fiscal year 2002, the Commodity Credit Corporation shall not
expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act, 42 U.S.C. 9607(g), and
section 6001 of the Resource Conservation and Recovery Act, 42 U.S.C.
6961.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural
Resources Conservation Service, $730,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$802,454,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $8,515,000 is for snow survey and water
forecasting, and not less than $9,849,000 is for operation and
establishment of the plant materials centers: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements
at plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That
this appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section 202(c) of
title II of the Colorado River Basin Salinity Control Act of 1974 (43
U.S.C. 1592(c)): Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 shall be available for employment under 5 U.S.C. 3109: Provided
further, That qualified local engineers may be temporarily employed at
per diem rates to perform the technical planning work of the Service
(16 U.S.C. 590e-2).
watershed surveys and planning
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1009), $10,960,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$110,000 shall be available for employment under 5 U.S.C. 3109.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing
works and changes in use of land, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1005 and 1007-1009), the provisions of the Act of April 27, 1935
(16 U.S.C. 590a-f), and in accordance with the provisions of laws
relating to the activities of the Department, $100,413,000, 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 $45,514,000 of this appropriation shall be
available for technical assistance: Provided further, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $200,000 shall be available for employment under 5
U.S.C. 3109: Provided further, That not to exceed $1,000,000 of this
appropriation is available to carry out the purposes of the Endangered
Species Act of 1973 (Public Law 93-205), including cooperative efforts
as contemplated by that Act to relocate endangered or threatened
species to other suitable habitats as may be necessary to expedite
project construction.
watershed rehabilitation program
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001 et seq.),
as amended by section 313 of Public Law 106-472, November 9, 2000 (16
U.S.C. 1012), and in accordance with the provisions of laws relating to
the activities of the Department, $10,000,000, to remain available
until expended.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the provisions of section 32(e) of title III of the Bankhead-Jones
Farm Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April
27, 1935 (16 U.S.C. 590a-f); and the Agriculture and Food Act of 1981
(16 U.S.C. 3451-3461), $48,048,000, to remain available until expended
(7 U.S.C. 2209b): Provided, That this appropriation shall be available
for employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
forestry incentives program
For necessary expenses, not otherwise provided for, to carry out
the program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $7,811,000, 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, $623,000.
rural community advancement program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H, 381N, and 381O of the Consolidated Farm and Rural
Development Act, $1,004,125,000, to remain available until expended, of
which $83,903,000 shall be for rural community programs described in
section 381E(d)(1) of such Act; of which $842,254,000 shall be for the
rural utilities programs described in sections 381E(d)(2), 306C(a)(2),
and 306D of such Act; and of which $77,968,000 shall be for the rural
business and cooperative development programs described in sections
381E(d)(3) and 310B(f) of such Act: Provided, That of the total amount
appropriated in this account, $24,000,000 shall be for loans and grants
to benefit Federally Recognized Native American Tribes, of which
$1,000,000 shall be available for rural business opportunity grants
under section 306(a)(11) of that Act (7 U.S.C. 1926(a)(11)); $4,000,000
shall be available for community facilities grants for tribal college
improvements under section 306(a)(19) of that Act (7 U.S.C.
1926(a)(19)); $16,000,000 shall be available for grants for drinking
water and waste disposal systems pursuant to section 306C of such Act
(7 U.S.C. 1926(c)) to benefit Federally Recognized Native American
Tribes that are not eligible to receive funds under any other rural
utilities program set-aside under the rural community advancement
program; and $3,000,000 shall be available for rural business
enterprise grants under section 310B(c) of that Act (7 U.S.C. 1932(c)),
of which $250,000 shall be available for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development: Provided
further, That of the amount appropriated for rural community programs,
$6,000,000 shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used solely to
develop the capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income rural
communities, and Federally Recognized Native American tribes to
undertake projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided further,
That such funds shall be made available to qualified private, nonprofit
and public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the amount
appropriated for the rural business and cooperative development
programs, not to exceed $500,000 shall be made available for a grant to
a qualified national organization to provide technical assistance for
rural transportation in order to promote economic development; and
$2,000,000 shall be for grants to Mississippi Delta Region counties:
Provided further, That of the amount appropriated for rural utilities
programs, not to exceed $20,000,000 shall be for water and waste
disposal systems to benefit the Colonias along the United States/Mexico
borders, including grants pursuant to section 306C of such Act; not to
exceed $24,000,000 shall be for water and waste disposal systems for
rural and native villages in Alaska pursuant to section 306D of such
Act, with up to one percent available to administer the program and up
to one percent available to improve interagency coordination may be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''; not to exceed $17,215,000 shall
be for technical assistance grants for rural water and waste systems
pursuant to section 306(a)(14) of such Act; and not to exceed
$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 $37,624,000 shall be available
through June 30, 2002, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones, of which $1,163,000 shall be
for the rural community programs described in section 381E(d)(1) of
such Act, of which $27,431,000 shall be for the rural utilities
programs described in section 381E(d)(2) of such Act, and of which
$9,030,000 shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided further,
That of the amount appropriated for rural community programs, not to
exceed $25,000,000 shall be to provide grants for facilities in rural
communities with extreme unemployment and severe economic depression:
Provided further, That of the amount appropriated $30,000,000 shall be
to provide grants in rural communities with extremely high energy
costs: Provided further, That any prior year balances for high cost
energy grants authorized by section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 901(19)) shall be transferred to and merged with the
``Rural Utilities Service, High Energy Costs Grants'' account.
rural development salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$133,722,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 may
be used for employment under 5 U.S.C. 3109: Provided further, That not
more than $10,000 may be expended to provide modest nonmonetary awards
to non-USDA employees: Provided further, That any balances available
from prior years for the Rural Utilities Service, Rural Housing
Service, and the Rural Business-Cooperative Service salaries and
expenses accounts shall be transferred to and merged with this account.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $4,233,014,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $3,137,968,000 shall be for
unsubsidized guaranteed loans; $32,324,000 for section 504 housing
repair loans; $99,770,000 for section 538 guaranteed multi-family
housing loans; $114,068,000 for section 515 rental housing; $5,090,000
for section 524 site loans; $11,778,000 for credit sales of acquired
property, of which up to $1,778,000 may be for multi-family credit
sales; and $5,000,000 for section 523 self-help housing land
development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $184,274,000 of which
$40,166,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $10,386,000; section 538 multi-family housing
guaranteed loans, $3,921,000; section 515 rental housing, $48,274,000;
section 524 site loans, $28,000; multi-family credit sales of acquired
property, $750,000; and section 523 self-help housing land development
loans, $254,000: Provided, That of the total amount appropriated in
this paragraph, $11,656,000 shall be available through June 30, 2002,
for authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $422,241,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$708,504,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount, not
more than $5,900,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section 502(c)(5)(D)
of the Act, and not to exceed $10,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant to
section 502(c)(5)(C) of the Act: Provided further, That agreements
entered into or renewed during fiscal year 2002 shall be funded for a
5-year period, although the life of any such agreement may be extended
to fully utilize amounts obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $35,000,000, 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, 2002, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
rural housing assistance grants
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$38,914,000, to remain available until expended: Provided, That of the
total amount appropriated, $1,200,000 shall be available through June
30, 2002, for authorized empowerment zones and enterprise communities
and communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
farm labor program account
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $28,431,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
Rural Business-Cooperative Service
rural development loan fund program account
(including transfers of funds)
For the cost of direct loans, $16,494,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be for Federally Recognized Native American Tribes and of which
$3,449,000 shall be for Mississippi Delta Region counties (as defined
by Public Law 100-460): Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount
of direct loans of $38,171,000: Provided further, That of the total
amount appropriated, $2,730,000 shall be available through June 30,
2002, for the cost of direct loans for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $3,733,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$14,966,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,616,000.
Of the funds derived from interest on the cushion of credit
payments in fiscal year 2002, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,616,000 shall not be obligated and
$3,616,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $8,000,000, 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 $1,497,000 of the
total amount appropriated shall be made available to cooperatives or
associations of cooperatives whose primary focus is to provide
assistance to small, minority producers and whose governing board and/
or membership is comprised of at least 75 percent minority.
rural empowerment zones and enterprise communities grants
For grants in connection with a second round of empowerment zones
and enterprise communities, $14,967,000, to remain available until
expended, for designated rural empowerment zones and rural enterprise
communities as authorized in the Taxpayer Relief Act of 1997.
Rural Utilities Service
rural electrification and telecommunications loans program account
(including transfers of funds)
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $121,107,000; 5 percent rural
telecommunications loans, $74,827,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $500,000,000; and loans made pursuant to section 306 of that
Act, rural electric, $2,700,000,000 and rural telecommunications,
$120,000,000; and $750,000,000 for Treasury rate direct electric loans.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936,
as follows: cost of rural electric loans, $3,689,000, and the cost of
telecommunication loans, $2,036,000: Provided, That notwithstanding
section 305(d)(2) of the Rural Electrification Act of 1936, borrower
interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $36,000,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rural telephone bank program account
(including transfers of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 2002 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $174,615,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$3,737,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,082,000, 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., $51,941,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas: Provided, That, $25,000,000 may be available
for a loan and grant program to finance broadband transmission and
local dial-up Internet service in areas that meet the definition of
``rural area'' used for the Distance Learning and Telemedicine Program
authorized by 7 U.S.C. 950aaa: Provided, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget Act of
1974.
local television loan guarantee program account
For gross obligations for the principal amount of guaranteed loans,
as authorized by Title X of Public Law 106-553 for the purpose of
facilitating access to signals of local television stations for
households located in nonserved areas and underserved areas,
$322,580,000.
For the cost of guaranteed loans, including the cost of modifying
loans as defined in section 502 of the Congressional Budget Act of
1974, $25,000,000.
In addition, for administrative expenses necessary to carry out the
guaranteed loan program, $2,000,000, which shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries and
Expenses''.
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,
$587,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$10,087,246,000, to remain available through September 30, 2003, of
which $4,746,538,000 is hereby appropriated and $5,340,708,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That 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,
$500,000 shall be for a School Breakfast Program startup grant pilot
program for the State of Wisconsin: Provided further, That up to
$4,507,000 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), $4,247,086,000, to remain available
through September 30, 2003: Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That of the total amount available, the Secretary
shall obligate $20,000,000 for the farmers' market nutrition program
within 45 days of the enactment of this Act, and an additional
$5,000,000 for the farmers' market nutrition program upon a
determination by the Secretary that funds are available to meet
caseload requirements: Provided further, That notwithstanding section
17(h)(10)(A) of such Act, up to $14,000,000 shall be available for the
purposes specified in section 17(h)(10)(B), no less than $6,000,000 of
which shall be used for the development of electronic benefit transfer
systems: Provided further, That none of the funds in this Act shall be
available to pay administrative expenses of WIC clinics except those
that have an announced policy of prohibiting smoking within the space
used to carry out the program: Provided further, That none of the funds
provided in this account shall be available for the purchase of infant
formula except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of such Act:
Provided further, That once the amount for fiscal year 2001 carryover
funds has been determined by the Secretary, any funds in excess of
$110,000,000 may be transferred by the Secretary of Agriculture to the
Rural Community Advancement Program and shall remain available until
expended.
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $21,091,986,000, 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 Organizations 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 of funds
that may be reserved by the Secretary for allocation to State agencies
under section 16(h)(1) of such Act to carry out Employment and Training
programs, not more than $145,000,000 made available in previous years
may be obligated in fiscal year 2002: Provided further, That funds made
available for Employment and Training under this heading shall remain
available until expended, as authorized by section 16(h)(1) of the Food
Stamp Act: Provided further, That funds provided under this heading may
be used to procure food coupons necessary for program operations in
this or subsequent fiscal years until electronic benefit transfer
implementation is complete.
commodity assistance program
(including rescission)
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, $139,991,000, to remain available through
September 30, 2003: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That $5,300,000 of
unobligated balances available at the beginning of fiscal year 2002 are
hereby rescinded.
food donations programs
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973; special assistance for the nuclear
affected islands as authorized by section 103(h)(2) of the Compacts of
Free Association Act of 1985, as amended; and section 311 of the Older
Americans Act of 1965, $150,749,000, to remain available through
September 30, 2003.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $127,546,000, 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 $6,500,000 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), $121,563,000: 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,
$130,218,000, to remain available until expended.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $2,005,000, of which $1,033,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses'', and of which $972,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
public law 480 title i ocean freight differential grants
(including transfers of funds)
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, $20,277,000, to remain available until expended, for ocean
freight differential costs for the shipment of agricultural commodities
under title I of said Act: Provided, That funds made available for the
cost of title I agreements and for title I ocean freight differential
may be used interchangeably between the two accounts with prior notice
to the Committees on Appropriations of both Houses of Congress.
public law 480 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, $850,000,000, 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,
$4,014,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $3,224,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $790,000
may be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; $1,344,386,000, of which not to
exceed $161,716,000 to be derived from prescription drug user fees
authorized by 21 U.S.C. 379(h), including any such fees assessed prior
to the current fiscal year but credited during the current year, in
accordance with section 736(g)(4), shall be credited to this
appropriation and remain available until expended: Provided, That fees
derived from applications received during fiscal year 2002 shall be
subject to the fiscal year 2002 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) $310,926,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $350,578,000 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
$14,207,000 shall be available for grants and contracts awarded under
section 5 of the Orphan Drug Act (21 U.S.C. 360ee); (3) $155,431,000
shall be for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs; (4)
$81,182,000 shall be for the Center for Veterinary Medicine and for
related field activities in the Office of Regulatory Affairs; (5)
$178,761,000 shall be for the Center for Devices and Radiological
Health and for related field activities in the Office of Regulatory
Affairs; (6) $36,984,000 shall be for the National Center for
Toxicological Research; (7) $31,798,000 shall be for Rent and Related
activities, other than the amounts paid to the General Services
Administration, of which $6,000,000 for costs related to occupancy of
new facilities at White Oak, Maryland shall remain available until
September 30, 2003; (8) $105,116,000 shall be for payments to the
General Services Administration for rent and related costs; and (9)
$93,610,000 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,
$34,281,000, to remain available until expended (7 U.S.C. 2209b).
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and elsewhere; and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $70,400,000, including not
to exceed $2,000 for official reception and representation expenses.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $36,700,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for fiscal year 2002 under this Act shall be available for
the purchase, in addition to those specifically provided for, of not to
exceed 379 passenger motor vehicles, of which 378 shall be for
replacement only, and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Not less than $1,500,000 of the appropriations of the
Department of Agriculture in this Act for research and service work
authorized by sections 1 and 10 of the Act of June 29, 1935 (7 U.S.C.
427, 427i; commonly known as the Bankhead-Jones Act), subtitle A of
title II and section 302 of the Act of August 14, 1946 (7 U.S.C. 1621
et seq.), and chapter 63 of title 31, United States Code, shall be
available for contracting in accordance with such Acts and chapter.
Sec. 704. The Secretary of Agriculture may transfer unobligated
balances of funds appropriated by this Act or other available
unobligated balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 705. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Animal and Plant Health Inspection Service, the contingency fund to
meet emergency conditions, fruit fly program, integrated systems
acquisition project, boll weevil program, up to 25 percent of the
screwworm program, and up to $2,000,000 for costs associated with
colocating regional offices; Food Safety and Inspection Service, field
automation and information management project; Cooperative State
Research, Education, and Extension Service, funds for competitive
research grants (7 U.S.C. 450i(b)), funds for the Research, Education
and Economics Information System (REEIS), and funds for the Native
American Institutions Endowment Fund; Farm Service Agency, salaries and
expenses funds made available to county committees; Foreign
Agricultural Service, middle-income country training program and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural
Service.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to section 606C
of the Act of August 28, 1954 (7 U.S.C. 1766b; 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 2002
shall remain available until expended to cover obligations made in
fiscal year 2002 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; the
local television loan guarantee program; the Rural Housing Insurance
Fund Program Account; and the rural economic development loans program
account.
Sec. 713. Notwithstanding chapter 63 of title 31, United States
Code, marketing services of the Agricultural Marketing Service; the
Grain Inspection, Packers and Stockyards Administration; the Animal and
Plant Health Inspection Service; and the food safety activities of the
Food Safety and Inspection Service may use cooperative agreements to
reflect a relationship between the Agricultural Marketing Service; the
Grain Inspection, Packers and Stockyards Administration; the Animal and
Plant Health Inspection Service; or the Food Safety and Inspection
Service and a state or cooperator to carry out agricultural marketing
programs, to carry out programs to protect the nation's animal and
plant resources, or to carry out educational programs or special
studies to improve the safety of the nation's food supply.
Sec. 714. 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. 715. 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. 716. 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. 717. 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. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to transmit or
otherwise make available to any non-Department of Agriculture employee
questions or responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 719. 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. 720. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2002, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates
a program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been denied
or restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes
any functions or activities presently performed by Federal employees;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2002, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(c) The Secretary of Agriculture shall notify the Committees on
Appropriations of both Houses of Congress before implementing a program
or activity not carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically funded by any
other Act.
Sec. 721. With the exception of funds needed to administer and
conduct oversight of grants awarded and obligations incurred prior to
enactment of this Act, none of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 793 of Public Law 104-127,
the Fund for Rural America (7 U.S.C. 2204f).
Sec. 722. 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 2002 funds under the provisions of section 401 of Public
Law 105-185, the Initiative for Future Agriculture and Food Systems (7
U.S.C. 7621).
Sec. 723. 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. 724. 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
Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
county limits of St. Louis, Missouri.
Sec. 725. None of the funds made available to the Food and Drug
Administration by this Act shall be used to reduce the Detroit,
Michigan, Food and Drug Administration District Office below the
operating and full-time equivalent staffing level of July 31, 1999; or
to change the Detroit District Office to a station, residence post or
similarly modified office; or to reassign residence posts assigned to
the Detroit District Office: Provided, That this section shall not
apply to Food and Drug Administration field laboratory facilities or
operations currently located in Detroit, Michigan, except that field
laboratory personnel shall be assigned to locations in the general
vicinity of Detroit, Michigan, pursuant to cooperative agreements
between the Food and Drug Administration and other laboratory
facilities associated with the State of Michigan.
Sec. 726. 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 2003 appropriations Act.
Sec. 727. 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. 728. 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. 729. 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. 730. In addition to amounts otherwise appropriated or made
available by this Act, $1,996,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships through the
Congressional Hunger Center.
Sec. 731. 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. 732. Notwithstanding section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f) any balances
available to carry out title III of such Act as of the date of
enactment of this Act, and any recoveries and reimbursements that
become available to carry out title III of such Act, may be used to
carry out title II of such Act.
Sec. 733. Of the funds made available under section 27(a) of the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use
up to $5,000,000 for administrative costs associated with the
distribution of commodities.
Sec. 734. Notwithstanding any other provision of law, the Secretary
may transfer up to $26,000,000 in funds provided for the Environmental
Quality Incentives Program authorized by Chapter 4, Subtitle D, Title
XII of the Food Security Act of 1985, for technical assistance to
implement the Conservation Reserve Program authorized by subchapter B,
Chapter 1, Title XII of the Food Security Act of 1985, with funds to
remain available until expended: Provided, That notwithstanding any
other provision of law, the Secretary may elect to enroll no more than
340,000 acres for continuous signup, conservation reserve enhancement,
or wetland pilot purposes and no acres for regular enrollment into the
Conservation Reserve Program authorized by subchapter B, Chapter 1,
Title XII of the Food Security Act of 1985, during fiscal year 2002 and
any savings derived from such action may be transferred, not to exceed
$18,000,000, for technical assistance to implement the Conservation
Reserve Program, with funds to remain available until expended.
Sec. 735. Notwithstanding any other provision of law, the City of
St. Joseph, Missouri, shall be eligible for grants and loans
administered by the rural development mission area of the Department of
Agriculture relating to an application submitted to the Department by a
farmer-owned cooperative, a majority of whose members reside in a rural
area, as determined by the Secretary, and for the purchase and
operation of a facility beneficial to the purpose of the cooperative.
Sec. 736. Eligibility of Private Organizations Under Child and
Adult Care Food Program. (a) Section 17(a)2(B) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(a)(2)(B) is amended
by striking ``2001'' and inserting ``2002''.
Sec. 737. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance in the amount of $150,000 to the Mallard Pointe project in
Madison County, Mississippi.
Sec. 738. Notwithstanding any other provision of law, the Secretary
of Agriculture shall, in cooperation with the State of Illinois,
develop and implement a pilot project utilizing conservation programs
of the Department of Agriculture for soil, water, wetlands, and
wildlife habitat enhancement in the Illinois River Basin: Provided,
That no funds shall be made available to carry out this section unless
they are expressly provided for a program in this Act or any other Act
for obligation in fiscal year 2002: Provided further, That any
conservation reserve program enrollments made pursuant to this section
shall be subject to section 734 of this Act.
Sec. 739. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide $450,000 for a wetlands
restoration and water conservation project in the vicinity of
Jamestown, Rhode Island.
Sec. 740. Notwithstanding any other provision of law, up to
$3,000,000 may be made available from funds under the rural business
and cooperative development programs of the Rural Community Advancement
Program for a grant to the extent matching funds from the Department of
Energy are provided if a commitment for such matching funds is made
prior to July 1, 2002.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2002''.
Calendar No. 91
107th CONGRESS
1st Session
S. 1191
[Report No. 107-41]
_______________________________________________________________________
A BILL
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2002, and for other purposes.
_______________________________________________________________________
July 18, 2001
Read twice and placed on the calendar