P.l. 107-76

PUBLIC LAW 107–76—NOV. 28, 2001

AGRICULTURE, RURAL DEVELOPMENT, FOOD
AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2002

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115 STAT. 704

PUBLIC LAW 107–76—NOV. 28, 2001

Public Law 107–76
107th Congress
An Act
Nov. 28, 2001
[H.R. 2330]

Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2002.

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,
OFFICE

OF THE

AND

MARKETING

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, $7,704,000.

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PUBLIC LAW 107–76—NOV. 28, 2001

115 STAT. 705

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division,
including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $25,000 is for employment under 5 U.S.C. 3109,
$12,869,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and
Analysis, including employment pursuant to the second
of section 706(a) of the Organic Act of 1944 (7 U.S.C.
which not to exceed $5,000 is for employment under
3109, $7,041,000.
OFFICE

OF THE

Program
sentence
2225), of
5 U.S.C.

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, $10,029,000.
COMMON COMPUTING ENVIRONMENT

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

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 is for employment under 5 U.S.C.
3109, $5,384,000: Provided, That the Chief Financial Officer shall
actively market and expand cross-servicing activities of the National
Finance Center.
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

ADMINISTRATION

For necessary salaries and expenses of the Office of the Assistant Secretary for Administration to carry out the programs funded
by this Act, $647,000.

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115 STAT. 706

PUBLIC LAW 107–76—NOV. 28, 2001
AGRICULTURE BUILDINGS

AND

(INCLUDING

FACILITIES

AND

RENTAL PAYMENTS

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, $187,647,000, to remain available until expended:
Provided, That 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 to cover the costs of new or replacement
space for such agency, but such transfers shall not exceed 5 percent
of the funds made available for space rental and related costs
to or from this account.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING

TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq., and the
Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.,
$15,665,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
DEPARTMENTAL ADMINISTRATION
(INCLUDING

TRANSFERS OF FUNDS)

For Departmental Administration, $37,079,000, 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),
$3,243,000, to remain available until expended.

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PUBLIC LAW 107–76—NOV. 28, 2001
OFFICE

OF THE

ASSISTANT SECRETARY
RELATIONS

(INCLUDING

FOR

115 STAT. 707

CONGRESSIONAL

TRANSFERS OF FUNDS)

For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs
funded by this Act, including programs involving intergovernmental
affairs and liaison within the executive branch, $3,718,000: Provided, That these funds may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no other funds appropriated to the Department by this Act shall be available to the
Department for support of activities of congressional relations.
OFFICE

OF

COMMUNICATIONS

For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information,
work, and programs authorized by Congress in the Department,
$8,894,000, 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
ECONOMICS

AND

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.

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115 STAT. 708

PUBLIC LAW 107–76—NOV. 28, 2001
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

7 USC 2254.

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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, $979,464,000:
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

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PUBLIC LAW 107–76—NOV. 28, 2001

115 STAT. 709

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,
$118,987,000, 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,
SERVICE

AND

EXTENSION

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, $542,062,000, 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), $34,604,000, of which $1,507,496 shall
be made available only for the purpose of ensuring that each institution shall receive no less than $1,000,000; for special grants for
agricultural research (7 U.S.C. 450i(c)), $97,008,000; for special
grants for agricultural research on improved pest control (7 U.S.C.
450i(c)), $15,206,000; for competitive research grants (7 U.S.C.
450i(b)), $120,452,000; 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), $924,000; 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), $720,000, to remain available until
expended; for the 1994 research program (7 U.S.C. 301 note),

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115 STAT. 710

PUBLIC LAW 107–76—NOV. 28, 2001

$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,
$2,997,000; for a secondary agriculture education program and 2year post-secondary education (7 U.S.C. 3152(h)), $1,000,000; for
aquaculture grants (7 U.S.C. 3322), $3,996,000; for sustainable
agriculture research and education (7 U.S.C. 5811), $12,500,000;
for a program of capacity building grants (7 U.S.C. 3152(b)(4))
to colleges eligible to receive funds under the Act of August 30,
1890 (7 U.S.C. 321–326 and 328), including Tuskegee University,
$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, $21,676,000.
None of the funds in the foregoing paragraph shall be available
to carry out research related to the production, processing or marketing of tobacco or tobacco products: Provided, That this paragraph
shall not apply to research on the medical, biotechnological, food,
and industrial uses of tobacco.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $7,100,000.
EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa, $439,473,000, 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,
of which $3,600,000 may be used to carry out Public Law 107–
19; payments for extension work at the 1994 Institutions under
the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,273,000; payments
for the nutrition and family education program for low-income
areas under section 3(d) of the Act, $58,566,000; payments for
the pest management program under section 3(d) of the Act,
$10,759,000; payments for the farm safety program under section
3(d) of the Act, $5,250,000; 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, $953,000; payments for youth-at-

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PUBLIC LAW 107–76—NOV. 28, 2001

115 STAT. 711

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, $4,093,000; 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, $4,750,000; 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,
$31,181,000, of which $1,724,884 shall be made available only for
the purpose of ensuring that each institution shall receive no less
than $1,000,000; 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,
$17,610,000: 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),
$42,853,000, 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, $2,498,000; and payments for the organic
transition program, $1,500,000.
OFFICE

OF THE

UNDER SECRETARY FOR MARKETING
REGULATORY PROGRAMS

AND

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.

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115 STAT. 712

PUBLIC LAW 107–76—NOV. 28, 2001
ANIMAL

AND

PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES

(INCLUDING

21 USC 129.

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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, $620,490,000, 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 $77,355,000 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.

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PUBLIC LAW 107–76—NOV. 28, 2001

115 STAT. 713

Of the total amount available under this heading in fiscal
year 2002, $84,813,000 shall be derived from user fees deposited
in the Agricultural Quarantine Inspection User Fee Account.
BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$7,189,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES

For necessary expenses to carry out services related to consumer protection, agricultural marketing and distribution, transportation, and regulatory programs, as authorized by law, and for
administration and coordination of payments to States, including
field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed
$90,000 for employment under 5 U.S.C. 3109, $71,430,000, 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 $13,995,000 for formulation and administration of marketing
agreements and orders pursuant to the Agricultural Marketing
Agreement Act of 1937 and the Agricultural Act of 1961.

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PUBLIC LAW 107–76—NOV. 28, 2001
PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,347,000.
GRAIN INSPECTION, PACKERS

AND

STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers
and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, including
field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $33,117,000: Provided, That this appropriation shall be available pursuant to law
(7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement value of the building.
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),
$715,642,000, 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

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the fiscal year shall not exceed 10 percent of the current replacement value of the building.
OFFICE

OF THE

UNDER SECRETARY FOR FARM
AGRICULTURAL SERVICES

AND

FOREIGN

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), $3,493,000.
DAIRY INDEMNITY PROGRAM

(INCLUDING

TRANSFER OF FUNDS)

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

(INCLUDING

TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928–1929, to be available from funds in the Agricultural Credit Insurance Fund, as
follows: farm ownership loans, $1,146,996,000, of which
$1,000,000,000 shall be for guaranteed loans and $146,996,000 shall
be for direct loans; operating loans, $2,616,729,000, of which
$1,500,000,000 shall be for unsubsidized guaranteed loans,

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PUBLIC LAW 107–76—NOV. 28, 2001

$505,531,000 shall be for subsidized guaranteed loans and
$611,198,000 shall be for direct loans; Indian tribe land acquisition
loans as authorized by 25 U.S.C. 488, $2,000,000; for emergency
insured loans, $25,000,000 to meet the needs resulting from natural
disasters; and for boll weevil eradication program loans as authorized by 7 U.S.C. 1989, $100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,
$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: Provided, That the Committees on Appropriations of both
Houses of Congress are notified at least 15 days in advance of
any transfer.
RISK MANAGEMENT AGENCY
For administrative and operating expenses, as authorized by
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 6933), $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

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115 STAT. 717

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
ENVIRONMENT

AND

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, $779,000,000,
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, and of which not less than
$21,500,000 shall be for the grazing lands conservation initiative:
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

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115 STAT. 718

PUBLIC LAW 107–76—NOV. 28, 2001

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, $106,590,000, 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

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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, $6,811,000,
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, $806,557,000, to remain available until
expended, of which $83,545,000 shall be for rural community programs described in section 381E(d)(1) of such Act; of which
$646,512,000 shall be for the rural utilities programs described
in sections 381E(d)(2), 306C(a)(2), and 306D of such Act; and of
which $76,500,000 shall be for the rural business and cooperative
development programs described in sections 381E(d)(3) and 310B(f)
of such Act: Provided, That of the total amount appropriated in
this account, $24,000,000 shall be for loans and grants to benefit
Federally Recognized Native American Tribes, including grants for
drinking water and waste disposal systems pursuant to section
306C of such Act, of which $4,000,000 shall be available for community facilities grants to tribal colleges, as authorized by section
306(a)(19) of the Consolidated Farm and Rural Development Act,
and of which $250,000 shall be available for a grant to a qualified

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PUBLIC LAW 107–76—NOV. 28, 2001

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 border, 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 1
percent available to administer the program and up to 1 percent
available to improve interagency coordination may be transferred
to and merged with the appropriation for ‘‘Rural Development,
Salaries and Expenses’’; not to exceed $17,465,000, shall be for
technical assistance grants for rural water and waste systems
pursuant to section 306(a)(14) of such Act, of which $5,250,000
shall be for Rural Community Assistance Programs; and not to
exceed $11,000,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $37,624,000 shall be available
through June 30, 2002, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones;
of which $1,163,000 shall be for the rural community programs
described in section 381E(d)(1) of such Act, of which $27,431,000
shall be for the rural utilities programs described in section
381E(d)(2) of such Act, and of which $9,030,000 shall be for the
rural business and cooperative development programs described
in section 381E(d)(3) of such Act: Provided further, That 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
(Public Law 106–387), with 5 percent for administration and
capacity building in the State rural development offices: 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

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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: Provided further, That of the funds appropriated by this
Act to the Rural Community Advancement Program for guaranteed
business and industry loans, funds may be transferred to direct
business and industry loans as deemed necessary by the Secretary
and with prior approval of the Committees on Appropriations of
both Houses of Congress.
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 appropriation.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $4,217,816,000 for loans to section 502 borrowers,
as determined by the Secretary, of which $1,079,848,000 shall be
for direct loans, and of which $3,137,968,000 shall be for unsubsidized guaranteed loans; $32,324,000 for section 504 housing repair
loans; $114,068,000 for section 515 rental housing; $99,770,000
for section 538 guaranteed multi-family housing loans; $5,090,000
for section 524 site loans; $11,778,000 for credit sales of acquired
property, of which up to $1,778,000 may be for multi-family credit
sales; and $5,000,000 for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans,
$182,274,000 of which $142,108,000 shall be for direct loans, and
of which $40,166,000 shall be for unsubsidized guaranteed loans;
section 504 housing repair loans, $10,386,000; section 515 rental
housing, $48,274,000; section 538 multi-family housing guaranteed
loans, $3,921,000; section 524 site loans, $28,000; multi-family
credit sales of acquired property, $750,000; and section 523 selfhelp housing land development loans, $254,000: Provided, That
of the total amount appropriated in this paragraph, $11,656,000

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PUBLIC LAW 107–76—NOV. 28, 2001

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’’.
Of the amounts made available under this heading in chapter
1 of title II of Public Law 106–246 (114 Stat. 540) for gross obligations for principal amount of direct loans authorized by title V
of the Housing Act of 1949 for section 515 rental housing, the
Secretary of Agriculture may use up to $5,986,197 for rental assistance agreements described in the item relating to ‘‘Rental Assistance Program’’ in such chapter: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Control Act of 1985, as amended.
In making available for occupancy dwelling units in housing
that is provided with funds made available under the heading
referred to in the preceding paragraph, the Secretary of Agriculture
may give preference to prospective tenants who are residing in
temporary housing provided by the Federal Emergency Management Agency as a result of an emergency.
RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $701,004,000; 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.

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PUBLIC LAW 107–76—NOV. 28, 2001

115 STAT. 723

RURAL HOUSING ASSISTANCE GRANTS

For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and
1490m, $38,914,000, to remain available until expended: Provided,
That of the total amount appropriated, $1,200,000 shall be available
through June 30, 2002, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones.
FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $31,431,000, to remain available
until expended, for direct farm labor housing loans and domestic
farm labor housing grants and contracts.
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), $38,171,000.
For the cost of direct loans, $16,494,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,724,000 shall be for Federally Recognized Native American
Tribes and of which $3,449,000 shall be for Mississippi Delta Region
counties (as defined by Public Law 100–460): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That 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.

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115 STAT. 724

PUBLIC LAW 107–76—NOV. 28, 2001
RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $7,750,000, of which $2,500,000 shall be available for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$1,497,000 of the total amount appropriated shall be made available
to cooperatives or associations of cooperatives whose primary focus
is to provide assistance to small, minority producers 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 by the Taxpayer Relief Act
of 1997 and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277).
RURAL UTILITIES SERVICE
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

Insured loans pursuant to the authority of section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made
as follows: 5 percent rural electrification loans, $121,107,000; municipal rate rural electric loans, $500,000,000; loans made pursuant
to section 306 of that Act, rural electric, $2,700,000,000; Treasury
rate direct electric loans, $750,000,000; 5 percent rural telecommunications loans, $74,827,000; cost of money rural telecommunications loans, $300,000,000; and loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$120,000,000.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of direct
and guaranteed loans authorized by the Rural Electrification Act
of 1936 (7 U.S.C. 935 and 936), as follows: cost of rural electric
loans, $3,689,000, and the cost of telecommunication loans,
$2,036,000: Provided, That notwithstanding section 305(d)(2) of the
Rural Electrification Act of 1936, borrower interest rates may exceed
7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $36,000,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.

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PUBLIC LAW 107–76—NOV. 28, 2001

115 STAT. 725

RURAL TELEPHONE BANK PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out its authorized programs. During fiscal
year 2002 and within the resources and authority available, gross
obligations for the principal amount of direct loans shall be
$174,615,000.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of direct
loans authorized by the Rural Electrification Act of 1936 (7 U.S.C.
935), $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 principal amount of direct distance learning and telemedicine loans, $300,000,000; and for the principal amount of
broadband telecommunication loans, $80,000,000.
For the cost of direct loans and grants, as authorized by 7
U.S.C. 950aaa et seq., $49,441,000, to remain available until
expended, to be available for loans and grants for telemedicine
and distance learning services in rural areas: Provided, That
$22,500,000 may be available for the continuation of a pilot project
for a loan and grant program to finance broadband transmission
and local dial-up Internet service in areas that meet the definition
of ‘‘rural area’’ used for the Distance Learning and Telemedicine
Program authorized by 7 U.S.C. 950aaa: Provided further, That
the cost of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
LOCAL TELEVISION LOAN GUARANTEE PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

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,
$258,065,000.
For the cost of guaranteed loans, including the cost of modifying
loans as defined in section 502 of the Congressional Budget Act
of 1974, $20,000,000.
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’’.

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115 STAT. 726

PUBLIC LAW 107–76—NOV. 28, 2001
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR FOOD, NUTRITION
CONSUMER SERVICES

AND

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

TRANSFER OF FUNDS)

For necessary expenses to carry out the National School Lunch
Act (42 U.S.C. 1751 et seq.), except section 21, and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $10,087,246,000, to remain available through September
30, 2003, of which $4,914,788,000 is hereby appropriated and
$5,172,458,000 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), $4,348,000,000, 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 $10,000,000 for the farmers’ market
nutrition program within 45 days of the enactment of this Act,
and up to an additional $15,000,000 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, $10,000,000 shall
be available for the purposes specified in section 17(h)(10)(B), and
up to an additional $4,000,000 shall be available for the purposes
specified in section 17(h)(10)(B) upon a determination by the Secretary that funds are available to meet caseload requirements:
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

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PUBLIC LAW 107–76—NOV. 28, 2001

115 STAT. 727

containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act.
FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $22,991,986,000, of which $2,000,000,000 shall
be placed in reserve for use only in such amounts and at such
times as may become necessary to carry out program operations:
Provided, That 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 meat for the FDPIR
from producer-owned cooperative organizations: 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, $152,813,000, to remain
available through September 30, 2003: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further,
That of the total amount available, the Secretary shall provide
$10,000,000 for senior farmers’ market activities: Provided further,
That notwithstanding section 5(a)(2) of the Agriculture and Consumer Protection Act of 1973 (Public Law 93–86; 7 U.S.C. 612c
note), $20,820,000 of this amount shall be available for administrative expenses of the commodity supplemental food program: Provided further, That $3,300,000 of unobligated balances available
at the beginning of fiscal year 2002 are hereby rescinded.

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115 STAT. 728

PUBLIC LAW 107–76—NOV. 28, 2001
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; 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), $121,813,000: Provided, That the Service
may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements executed
pursuant to the agricultural food production assistance programs
(7 U.S.C. 1737) and the foreign assistance programs of the United
States Agency for International Development: Provided further,
That none of the funds appropriated in this account may be used
to pay the salaries and expenses of personnel to disburse funds
to any rice trade association under the market access program
or the foreign market development program at any time when
the applicable international activity agreement for such program
is not in effect.
None of the funds in the foregoing paragraph shall be available
to promote the sale or export of tobacco or tobacco products.

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PUBLIC LAW 107–76—NOV. 28, 2001
PUBLIC LAW

480

(INCLUDING

115 STAT. 729

TITLE I PROGRAM ACCOUNT
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, $126,409,000, 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 ocean freight differential costs for the shipment of agricultural commodities under title I of the Agricultural Trade Development and Assistance Act of 1954 and under the Food for Progress
Act of 1985, $20,277,000, to remain available until expended: Provided, That funds made available for the cost of agreements under
title I of the Agricultural Trade Development and Assistance Act
of 1954 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’’.

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115 STAT. 730

PUBLIC LAW 107–76—NOV. 28, 2001
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; $1,345,386,000,
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) $312,049,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $352,647,000 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 $13,207,000
shall be available for grants and contracts awarded under section
5 of the Orphan Drug Act (21 U.S.C. 360ee); (3) $155,875,000
shall be for the Center for Biologics Evaluation and Research and
for related field activities in the Office of Regulatory Affairs; (4)
$82,967,000 shall be for the Center for Veterinary Medicine and
for related field activities in the Office of Regulatory Affairs; (5)
$179,521,000 shall be for the Center for Devices and Radiological
Health and for related field activities in the Office of Regulatory
Affairs; (6) $37,082,000 shall be for the National Center for Toxicological Research; (7) $29,798,000 shall be for Rent and Related
activities, other than the amounts paid to the General Services
Administration, of which $4,000,000 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) $90,331,000 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.

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PUBLIC LAW 107–76—NOV. 28, 2001

115 STAT. 731

In addition, mammography user fees authorized by 42 U.S.C.
263(b) may be credited to this account, to remain available until
expended.
In addition, export certification user fees authorized by 21
U.S.C. 381 may be credited to this account, to remain available
until expended.
BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used
by the Food and Drug Administration, where not otherwise provided, $34,281,000, to remain available until expended (7 U.S.C.
2209b).
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles; the rental of space (to include
multiple year leases) in the District of Columbia and elsewhere;
and not to exceed $25,000 for employment under 5 U.S.C. 3109,
$70,700,000, including not to exceed $2,000 for official reception
and representation expenses.
FARM CREDIT ADMINISTRATION
LIMITATION 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.

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7 USC 1623a.

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115 STAT. 732

7 USC 2209b.

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PUBLIC LAW 107–76—NOV. 28, 2001

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,
emerging plant pests, 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 collocating regional offices;
Food Safety and Inspection Service, field automation and information management project; Cooperative State Research, Education,
and Extension Service, funds for competitive research grants (7
U.S.C. 450i(b)), funds for the Research, Education and Economics
Information System (REEIS), and funds for the Native American
Institutions Endowment Fund; Farm Service Agency, salaries and
expenses funds made available to county committees; Foreign Agricultural Service, middle-income country training program and up
to $2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in international
currency exchange rates, subject to documentation by the Foreign
Agricultural Service.
SEC. 706. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 707. Not to exceed $50,000 of the appropriations available
to the Department of Agriculture in this Act shall be available
to provide appropriate orientation and language training pursuant
to section 606C of the Act of August 28, 1954 (7 U.S.C. 1766b).
SEC. 708. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation to
lease space for its own use or to lease space on behalf of other
agencies of the Department of Agriculture when such space will
be jointly occupied.
SEC. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the

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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).

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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

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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. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations incurred
prior to enactment of this Act, none of the funds appropriated
or otherwise made available by this or any other Act may be
used to pay the salaries and expenses of personnel to carry out
the provisions of section 401 of Public Law 105–185, the Initiative
for Future Agriculture and Food Systems (7 U.S.C. 7621).
SEC. 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 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. 725. None of the funds appropriated by this Act or any
other Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s Budget submission to the Congress of the United States
for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of
the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of
a committee of conference for the fiscal year 2003 appropriations
Act.
SEC. 726. None of the funds made available by this Act or
any other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and enhancement of program delivery have been determined.
SEC. 727. 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

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Michigan.

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7 USC 2235a.

Grants.
Loans.
State listing.

Arizona.

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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. 728. In addition to amounts otherwise appropriated or
made available by this Act, $2,496,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships through the Congressional Hunger Center.
SEC. 729. Hereafter, refunds or rebates received on an ongoing 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 Department’s
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. 730. 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. 731. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ‘‘$25,000,000’’ and inserting ‘‘$26,000,000’’.
SEC. 732. None of the funds appropriated or made available
by this Act shall be used to issue a proposed rule for which the
comment period would close prior to September 30, 2002, final,
or interim final rule pursuant to notice and comment rulemaking
in relation to any change or modification of the definition of ‘‘animal’’
in existing regulations pursuant to the Animal Welfare Act.
SEC. 733. Notwithstanding any other provision of law, the
City of Cabot, Arkansas, the City of Berlin, New Hampshire, and
the City of Coachella, California, shall be eligible for loans and
grants provided through the Rural Community Advancement Program.
SEC. 734. Notwithstanding any other provision of law, the
Secretary shall consider the City of Casa Grande, Arizona, as
meeting the requirements of a rural area in section 520 of the
Housing Act of 1949 (42 U.S.C. 1490).
SEC. 735. 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. 736. Notwithstanding any other provision of law, the
Secretary may transfer up to $13,000,000 in funds provided for
the Environmental Quality Incentives Program authorized by

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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.
SEC. 737. 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. 738. Notwithstanding any other provision of law, the
Secretary of Agriculture shall consider the City of Hollister, California, as meeting the requirements of a rural area for the purposes
of housing programs in the rural development mission areas of
the Department of Agriculture.
SEC. 739. None of the funds appropriated or otherwise made
available by this Act may be used to maintain, modify, or implement
any assessment against agricultural producers as part of a commodity promotion, research, and consumer information order,
known as a check-off program, that has not been approved by
the affected producers in accordance with the statutory requirements applicable to the order.
SEC. 740. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or relocate,
or to plan to close or relocate, the Food and Drug Administration
Division of Drug Analysis (recently renamed the Division of
Pharmaceutical Analysis) in St. Louis, Missouri, except that funds
could be used to plan a possible relocation of this Division within
the city limits of St. Louis, Missouri.
SEC. 741. MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS
(a) ASSISTANCE AVAILABLE.—The Secretary of Agriculture shall use
$75,000,000 of funds of the Commodity Credit Corporation to make
payments as soon as possible after the date of the enactment
of this Act to apple producers to provide relief for the loss of
markets for their 2000 crop.
(b) PAYMENT BASIS.—The amount of the payment to a producer
under subsection (a) shall be made on a per pound basis equal
to each qualifying producer’s 2000 production of apples, except
that the Secretary shall not make payments for that amount of
a particular farm’s apple production that is in excess of 20,000,000
pounds.
(c) DUPLICATIVE PAYMENTS.—A producer shall be ineligible for
payments under this section with respect to a market loss for
apples to the extent of that amount that the producer received
as compensation or assistance for the same loss under any other
Federal program, other than under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(d) OTHER TERMS AND CONDITIONS.—The Secretary shall not
establish any terms or conditions for producer eligibility, such as
limits based upon gross income, other than those specified in this
section.
(e) APPLICABILITY.—This section applies only with respect to
the 2000 crop of apples and producers of that crop.

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Missouri.

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SEC. 742. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Act of March 3, 1933
(41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American Act’’).
SEC. 743. 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. 744. 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. 745. 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. 746. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide $250,000 for
a wetlands restoration and water conservation project in the vicinity
of Jamestown, Rhode Island.
SEC. 747. Notwithstanding any other provision of law,
$3,000,000 shall be made available from funds under the rural
business and cooperative development programs of the Rural
Community Advancement Program for a grant for an integrated
ethanol plant, feedlot, and animal waste digestion unit, 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: Provided, That such funds shall be released to the project
after the farmer-owned cooperative equity is in place, and a formally
executed commitment from a qualified lender based upon receipt
of necessary permits, contract, and other appropriate documentation
has been secured by the project.
SEC. 748. Hereafter, notwithstanding any other provision of
law, the Administrator of the Rural Utilities Service shall use
the authorities provided in the Rural Electrification Act of 1936
to finance the acquisition of existing generation, transmission and
distribution systems and facilities serving high cost, predominantly
rural areas by entities capable of and dedicated to providing or
improving service in such areas in an efficient and cost effective
manner.
SEC. 749. Notwithstanding subsection (f) of section 156 of the
Agricultural Market Transition Act (7 U.S.C. 7272(f)), any assessment imposed under that subsection for marketings of raw cane
sugar or beet sugar for the 2002 fiscal year shall not be required
to be remitted to the Commodity Credit Corporation before September 2, 2002.
SEC. 750. Notwithstanding any other provision of law, the
Secretary of Agriculture, acting through the Natural Resources
Conservation Service, shall provide financial assistance from available funds from the Emergency Watershed Protection Program
in Arkansas, in an amount not to exceed $400,000 for completion

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of the current construction phase of the Kuhn Bayou (Point Remove)
Project.
SEC. 751. (a) TEMPORARY USE OF EXISTING PAYMENTS TO STATES
TABLE.—Notwithstanding section 101(a)(1) of the Secure Rural
Schools and Community Self-Determination Act of 2000 (Public
Law 106–393; 16 U.S.C. 500 note), for the purpose of making
the fiscal year 2001 payments under section 102 of such Act to
eligible States and eligible counties, the full payment amount for
each eligible State and eligible county shall be deemed to be equal
to the full payment amount calculated for that eligible State or
eligible county in the Forest Service document entitled ‘‘P.L. 106–
393, Secure Rural Schools and Community Self-Determination Act’’
and dated July 31, 2001, subject to the adjustment required by
section 101(b) of such Act.
(b) REVISION OF TABLE.—For the purpose of making payments
under section 102 of such Act to eligible States and eligible counties
for fiscal years 2002 through 2006, as required by section 101(a)(1)
of such Act, the Secretary of Agriculture shall revise the table
referred to in subsection (a) to accurately reflect, to the maximum
extent practicable, each eligible State’s and eligible county’s historic
share of the 25-percent payments and safety net payments made
for the fiscal years of the eligibility period.
(c) REPORTING REQUIREMENT.—Not later than March 1, 2002,
the Secretary of Agriculture shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Agriculture of the House of Representatives a report containing
the revisions made to the table referred to in subsection (a), as
required by subsection (b).
(d) ADDITIONAL ELIGIBLE COUNTY ELECTION.—Notwithstanding
section 102(b)(2) of such Act, if the revision pursuant to subsection
(b) of the table referred to in subsection (a) results in a reduced
full payment amount for an eligible county that elected under
section 102(b) of such Act to receive the full payment amount,
the eligible county shall have a 90-day period, beginning on the
date the revised table is first available to the public, during which
to reconsider and change its election. The eligible county shall
notify the Secretary of Agriculture of any change in its election
before the end of such period. If an eligible county elects under
this subsection to receive the 25-percent payment in place of the
full payment amount, the election shall be effective for 1 year.
(e) TREATMENT OF CERTAIN MINERAL LEASING RECEIPTS.—(1)
An eligible county that elects under section 102(b) of such Act
to receive its share of an eligible State’s full payment amount
shall continue to receive its share of any payments made to that
State from a lease for mineral resources issued by the Secretary
of the Interior under the last paragraph under the heading ‘‘FOREST
SERVICE.’’ in the Act of March 4, 1917 (Chapter 179; 16 U.S.C.
520).
(2) Section 6(b) of the Mineral Leasing Act for Acquired Lands
(30 U.S.C. 355(b)) is amended by inserting after the first sentence
the following new sentence: ‘‘The preceding sentence shall also
apply to any payment to a State derived from a lease for mineral
resources issued by the Secretary of the Interior under the last
paragraph under the heading ‘FOREST SERVICE.’ in the Act of March
4, 1917 (Chapter 179; 16 U.S.C. 520).’’.
(f) DEFINITIONS.—In this section, the terms ‘‘eligible State’’,
‘‘eligible county’’, ‘‘eligibility period’’, ‘‘full payment amount’’, ‘‘25-

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Deadline.

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percent payment’’, and ‘‘safety net payments’’ have the meanings
given such terms in section 3 of such Act, and the term ‘‘such
Act’’ means the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C. 500 note).
SEC. 752. ALASKA PERMANENT FUND. Section 501(b) of the
Housing Act of 1949 (42 U.S.C. 1471) is amended in paragraph
(5)—
(1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A)’’; and
(2) by adding at the end the following:
‘‘(B) For purposes of this title, for fiscal years 2002 and
2003, the term ‘income’ does not include dividends received
from the Alaska Permanent Fund by a person who was under
the age of 18 years when that person qualified for the dividend.’’.
SEC. 753. Hereafter, any provision of any Act of Congress
relating to colleges and universities eligible to receive funds under
the Act of August 30, 1890, including Tuskegee University, shall
apply to West Virginia State College at Institute, West Virginia:
Provided, That the Secretary may waive the matching funds’
requirement under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d) for fiscal year 2002 for West Virginia State College if the
Secretary determines the State of West Virginia will be unlikely
to satisfy the matching requirement.
SEC. 754. Notwithstanding any other provision of law, the
Secretary, acting through the Natural Resources Conservation
Service, shall provide financial and technical assistance relating
to the Tanana River bordering the Big Delta State Historical Park.
SEC. 755. None of the funds appropriated or otherwise made
available by this Act to the Food and Drug Administration shall
be used to allow admission of fish or fish products labeled wholly
or in part as ‘‘catfish’’ unless the products are taxonomically from
the family Ictaluridae.
SEC. 756. The Secretary of Agriculture is authorized to accept
any unused funds transferred to the Alaska Railroad Corporation
for avalanche control and retransfer up to $499,000 of such funds
as a direct lump sum payment to the City of Valdez to construct
an avalanche control wall to protect a public school.
SEC. 757. The Secretary of Agriculture may use not more than
$5,000,000 of funds of the Commodity Credit Corporation to pay
claims of crop damage, upon consultation with the Secretary of
the Interior, that resulted from the Bureau of Land Management’s
use of herbicides during the 2001 calendar year in the State of
Idaho: Provided, That if the amount provided in this section is
not sufficient to pay all approved claims the Secretary of Agriculture
shall reduce all approved claims on a pro rata basis related to
the degree of loss in production: Provided further, That nothing
in this section shall be construed to constitute an admission of
liability by the United States arising from the use by the Bureau
of Land Management of the herbicide Oust: Provided further, That
the issuance of regulations promulgated pursuant to this section
shall be made without regard to: (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement
of Policy of the Secretary of Agriculture effective July 24, 1971
(36 Fed. Reg. 13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and (3) chapter 35 of title

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44, United States Code (commonly known as the ‘‘Paperwork Reduction Act’’): Provided further, That in carrying out this section, the
Secretary shall use the authority provided under section 808 of
title 5, United States Code.
SEC. 758. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND
BUFFER ACREAGE IN CONSERVATION RESERVE. (a) IN GENERAL.—
Section 1231(h)(4)(B) of the Food Security Act of 1985 (16 U.S.C.
3831(h)(4)(B)) is amended by inserting ‘‘(which may include
emerging vegetation in water)’’ after ‘‘vegetative cover’’.
(b) CONFORMING AMENDMENT.—Section 1232(a)(4) of the Food
Security Act of 1985 (16 U.S.C. 3832(a)(4)) is amended by inserting
‘‘(which may include emerging vegetation in water)’’ after ‘‘vegetative cover’’.
SEC. 759. SPECIALITY CROPS. (a) GRADING OF TOBACCO.—
(1) IN GENERAL.—Not later than March 31, 2002, the Secretary of Agriculture (referred to in this section as the ‘‘Secretary’’) shall conduct referenda among producers of each kind
of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine whether
such producers favor the mandatory grading of that kind of
tobacco by the Secretary.
(2) MANDATORY GRADING.—
(A) IN GENERAL.—If the Secretary determines that
mandatory grading is favored by a majority of the producers
of a kind of tobacco voting in the referendum, the Secretary
is authorized and directed to ensure that the kind of tobacco
is graded at the time of sale effective for the 2002 and
subsequent marketing years.
(B) FEES.—To the maximum extent practicable, the
Secretary shall establish, collect, and use fees for the
grading of tobacco required under this subsection in the
same manner as user fees for the grading of tobacco sold
at auction authorized under the Tobacco Inspection Act
(7 U.S.C. 511 et seq.).
(3) JUDICIAL REVIEW.—A determination by the Secretary
under this subsection shall not be subject to judicial review.
(b) QUOTA REDUCTION FOR CONSERVATION RESERVE ACREAGE.—
(1) IN GENERAL.—Section 1236 of the Food Security Act
of 1985 (16 U.S.C. 3836) is amended—
(A) by striking subsection (a);
(B) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively;
(C) in subsection (b) (as so redesignated), by striking
‘‘subsection (b)’’ and inserting ‘‘subsection (a)’’; and
(D) in subsection (c) (as so redesignated), by striking
‘‘subsection (c)’’ and inserting ‘‘subsection (b)’’.
(2) CONFORMING AMENDMENT.—Section 1232(a)(5) of the
Food Security Act of 1985 (16 U.S.C. 3832(a)(5)) is amended
by striking ‘‘section 1236(d)’’ and inserting ‘‘section 1236(c)’’.
(3) APPLICATION.—The amendments made by this subsection shall apply beginning with the 2002 crop.
(c) HORSE BREEDER LOANS.—
(1) DEFINITION OF HORSE BREEDER.—In this subsection,
the term ‘‘horse breeder’’ means a person that, as of the date
of enactment of this Act, derives more than 70 percent of
the income of the person from the business of breeding,

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boarding, raising, training, or selling horses, during the shorter
of—
(A) the 5-year period ending on January 1, 2001; or
(B) the period the person has been engaged in such
business.
(2) LOAN AUTHORIZATION.—The Secretary shall make loans
to eligible horse breeders to assist the horse breeders for losses
suffered as a result of mare reproductive loss syndrome.
(3) ELIGIBILITY.—A horse breeder shall be eligible for a
loan under this subsection if the Secretary determines that,
as a result of mare reproductive loss syndrome—
(A) during the period beginning January 1 and ending
October 1 of any of calendar years 2000, 2001, or 2002—
(i) 30 percent or more of the mares owned by
the horse breeder failed to conceive, miscarried,
aborted, or otherwise failed to produce a live healthy
foal; or
(ii) 30 percent or more of the mares boarded on
a farm owned, operated, or leased by the horse breeder
failed to conceive, miscarried, aborted, or otherwise
failed to produce a live healthy foal;
(B) the horse breeder is unable to meet the financial
obligations, or pay the ordinary and necessary expenses,
of the horse breeder incurred in connection with breeding,
boarding, raising, training, or selling horses; and
(C) the horse breeder is not able to obtain sufficient
credit elsewhere, in accordance with subtitle C of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1961 et seq.).
(4) AMOUNT.—
(A) IN GENERAL.—Subject to subparagraph (B), the
amount of a loan made to a horse breeder under this
subsection shall be determined by the Secretary on the
basis of the amount of losses suffered by the horse breeder,
and the financial needs of the horse breeder, as a result
of mare reproductive loss syndrome.
(B) MAXIMUM AMOUNT.—The amount of a loan made
to a horse breeder under this subsection shall not exceed
the maximum amount of an emergency loan under section
324(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1964(a)).
(5) TERM.—
(A) IN GENERAL.—Subject to subparagraph (B), the
term for repayment of a loan made to a horse breeder
under this subsection shall be determined by the Secretary
based on the ability of the horse breeder to repay the
loan.
(B) MAXIMUM TERM.—The term of a loan made to a
horse breeder under this subsection shall not exceed 20
years.
(6) INTEREST RATE.—The interest rate for a loan made
to a horse breeder under this subsection shall be the interest
rate for emergency loans prescribed under section 324(b)(1)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1964(b)(1)).
(7) SECURITY.—A loan to a horse breeder under this subsection shall be made on the security required for emergency

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loans under section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)).
(8) APPLICATION.—To be eligible to obtain a loan under
this subsection, a horse breeder shall submit an application
for the loan to the Secretary not later than September 30,
2002.
(9) FUNDING.—The Secretary shall carry out this subsection
using funds made available to make emergency loans under
subtitle C of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961 et seq.).
(10) TERMINATION.—The authority provided by this subsection to make a loan terminates effective September 30, 2003.
SEC. 760. During fiscal year 2002, subsection (a)(2) of section
508 of the Federal Crop Insurance Act (7 U.S.C. 1508) shall be
applied as though the term ‘‘and potatoes’’ read as follows: ‘‘, potatoes, and sweet potatoes’’.
SEC. 761. CITRUS CANKER ERADICATION. (a) IN GENERAL.—
Section 810 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (114
Stat. 1549A–52) is amended—
(1) in subsection (a) by striking ‘‘The’’ and inserting ‘‘Subject
to subsection (e), the’’; and
(2) in subsection (c), by striking ‘‘2001’’ and inserting
‘‘2002’’.
(b) EFFECTIVE DATE.—The amendments in subsection (a) shall
take effect as if enacted on September 30, 2001.
SEC. 762. Section 306(a)(20) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(20)) is amended by adding
at the end the following new subparagraph:
‘‘(E) RURAL BROADBAND.—Notwithstanding subparagraph (C), the Secretary may make grants to state agencies
for use by regulatory commissions in states with rural
communities without local dial-up Internet access or
broadband service to establish a competitively, technologically neutral grant program to telecommunications carriers or cable operators that establish common carrier facilities and services which, in the commission’s determination,
will result in the long-term availability to such communities
of affordable broadband services which are used for the
provision of high speed Internet access.’’.
SEC. 763. In accordance with the Farmland Protection Program,
a total of $720,000 shall be made available to purchase conservation
easements or other interests in land, not to exceed 235 acres,
in Adair, Green, and Taylor Counties, Kentucky: Provided, That
$490,000 of this amount shall be from funds made available to
the Conservation Reserve Enhancement Program for the State of
Kentucky.
SEC. 764. Notwithstanding any other provision of law, the
City of Caldwell, Idaho, shall be eligible for grants and loans
administered by the Rural Housing Service of the United States
Department of Agriculture for a period not to exceed 1 year from
the date of enactment of this Act.
SEC. 765. Section 8c(1) of the Agricultural Marketing Agreement Act of 1937 is amended by adding the following provision
at the end of the penultimate sentence:

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‘‘The Secretary is authorized to implement a producer allotment
program and a handler withholding program under the cranberry marketing order in the same crop year through informal
rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted
by the Committee no later than March 1 of each year.’’.
SEC. 766. Section 11(f) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a(f)) is amended by—
(1) in paragraph (1)(E), by striking ‘‘2001’’ and inserting
‘‘2003’’; and
(2) in paragraph (2)—
(A) by striking subparagraph (A) and inserting the
following:
‘‘(A) IN GENERAL.—The Secretary shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate—
‘‘(i) not later than January 1, 2003, an interim
report on the activities of the State agencies receiving
grants under this subsection; and
‘‘(ii) not later than January 1, 2004, a final report
on the activities of the State agencies receiving grants
under this subsection.’’; and
(B) in subparagraph (B), by striking ‘‘report’’ and
inserting ‘‘reports’’.
SEC. 767. Notwithstanding any other provision of law, the
City of Mt. Vernon, Washington, shall be eligible for grants and
loans administered by the Rural Housing Service of the United
States Department of Agriculture for a period not to exceed 1
year from the date of enactment of this Act.
SEC. 768. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance to DuPage County, Illinois, from funds available for the Watershed and Flood Prevention Operations program,
not to exceed $1,400,000.
SEC. 769. Notwithstanding any other provision of law, from
funds previously appropriated for Watershed and Flood Prevention
Operations of the Natural Resource and Conservation Service, the
Secretary of Agriculture shall provide technical and financial assistance, but not to exceed $1,000,000, in connection with a lake level
stabilization project carried out as part of local efforts to restore
and repair watersheds damaged by the 2001 tornado and storms
in Burnett and Washburn Counties, Wisconsin: Provided, That the
Secretary shall waive the cost share requirement of the local sponsors of such efforts in Burnett and Washburn Counties, Wisconsin.
SEC. 770. Nowithstanding any other provision of law, from
the funds appropriated to the Rural Utilities Service by this Act,
any current Rural Utilities Service borrower within 100 miles of
New York City shall be eligible for additional financing, refinancing,
collateral flexibility, and deferrals on an expedited basis without
regard to population limitations for any financially feasible telecommunications, energy or water project that assists endeavors
related to the rehabilitation, prevention, relocation, site preparation,
or relief efforts resulting from the terrorist events of September
11, 2001.

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SEC. 771. Section 17(r)(5) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(r)(5)) is amended—
(1) by striking ‘‘six’’ and inserting ‘‘seven’’;
(2) by striking ‘‘four’’ and inserting ‘‘five’’; and
(3) by inserting ‘‘Illinois,’’ after the first instance of ‘‘States
shall be’’.
SEC. 772. (a) EXTENSION.—Section 141 of the Agricultural
Market Transition Act (7 U.S.C. 7251) is amended—
(1) in subsection (b), by adding at the end the following
new paragraph:
‘‘(5) During the period beginning on January 1, 2002, and
ending on May 31, 2002, $9.90.’’; and
(2) in subsection (h), by striking ‘‘December 31, 2001’’ both
places it appears and inserting ‘‘May 31, 2002’’.
(b) CONFORMING AMENDMENT.—Section 142 of the Agricultural
Market Transition Act (7 U.S.C. 7252) is repealed.
SEC. 773. The Secretary shall transfer to the Southern Minnesota Beet Sugar Co-op, refined sugar, acquired by the Commodity
Credit Corporation, in the amount of 10,000 tons to compensate
sugar producers in Minnesota for losses incurred beyond those
that may be compensated under existing programs administered
by the Secretary: Provided, That this amount of sugar shall be
provided in installments starting on the day that is 30 days after
the date of enactment of this Act and on the first day of each
of the following 7 months after that day.
SEC. 774. (a) DEFINITIONS.—In this section:
(1) The term ‘‘eligible person’’ means a person that—
(A) owns a farm for which, irrespective of temporary
transfers or undermarketings, a basic quota or allotment
for eligible tobacco is established for the 2001 crop year
under part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.);
(B) controls the farm from which, under the quota
or allotment for the relevant period, eligible tobacco is
marketed, could have been marketed, or can be marketed,
taking into account temporary transfers; or
(C) grows, could have grown, or can grow eligible
tobacco that is marketed, could have been marketed, or
can be marketed under the quota or allotment for the
2001 crop year, taking into account temporary transfers.
(2) The term ‘‘eligible tobacco’’ means each of the following
kinds of tobacco:
(A) Fire-cured tobacco, comprising types 22 and 23.
(B) Dark air-cured tobacco, comprising types 35 and
36.
(C) Virginia sun-cured tobacco, comprising type 37.
(b) PAYMENTS.—Not later than March 31, 2002, the Secretary
of Agriculture (referred to in this section as the ‘‘Secretary’’) shall
use funds of the Commodity Credit Corporation to make payments
under this section.
(c) POUNDAGE PAYMENT QUANTITIES.—For the purposes of this
section, in the case of each kind of eligible tobacco, individual
tobacco quotas and allotments shall be converted to poundage payment quantities by multiplying—
(1) the number of acres that may, irrespective of temporary
transfers or undermarketings, be devoted, without penalty, to
the production of the kind of tobacco under the allotment under

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part I of subtitle B of title III of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1311 et seq.) for the 2001 crop year;
by
(2)(A) in the case of fire-cured tobacco (types 22 and 23),
2,601 pounds per acre;
(B) in the case of dark air-cured tobacco (types 35 and
36), 2,337 pounds per acre; and
(C) in the case of Virginia sun-cured tobacco (type 37),
1,512 pounds per acre.
(d) AVAILABLE PAYMENT AMOUNTS.—In the case of each kind
of eligible tobacco, the available payment amount for pounds of
a payment quantity under subsection (c) shall be equal to 10 cents
per pound.
(e) DIVISION OF PAYMENTS AMONG ELIGIBLE PERSONS.—Payments available with respect to a pound of payment quantity,
as determined under subsection (d), shall be made available to
eligible persons in accordance with this subsection. In the case
of payments made available in a State under this section for each
kind of eligible tobacco, the Secretary shall distribute (as determined by the Secretary)—
(1) 331⁄3 percent of the payments to eligible persons that
are owners described in subsection (a)(1)(A);
(2) 331⁄3 percent of the payments to eligible persons that
are controllers described in subsection (a)(1)(B); and
(3) 331⁄3 percent of the payments to eligible persons that
are growers described in subsection (a)(1)(C).
(f) STANDARDS.—In carrying out this section, the Secretary
shall use, to the maximum extent practicable, the same standards
for payments that were used for making payments under section
204(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
1421 note; Public Law 106–224).
(g) JUDICIAL REVIEW.—A determination by the Secretary under
this section shall not be subject to judicial review.
(h) REGULATIONS.—As soon as practicable after the date of
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as
are necessary to implement this section. The promulgation of the
regulations and administration of this section shall be made without
regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(i) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out subsection (h), the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
SEC. 775. The Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i) is amended:
(1) in subsection (b)(3) by adding at the end the following:
‘‘(G) Grants may be awarded to improve research
capabilities in States (as defined in the National Agricultural Research, Extension, and Teaching Policy Act of 1977,
as amended) in which institutions have been less successful

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in receiving funding under this subsection, based on a
three-year rolling average of funding levels.’’; and
(2) in subsections (b)(10)(C) by striking ‘‘and (F) of paragraph (3) for awarding grants in’’ and inserting ‘‘, (F), and
(G) of paragraph (3) for’’.
SEC. 776. None of the funds made available in this Act may
be used to pay the salaries of personnel of the Department of
Agriculture who carry out the programs authorized by section 524(a)
of the Federal Crop Insurance Act (7 U.S.C. 1524) in excess of
a total of $4,000,000 for all such programs for fiscal year 2002.
SEC. 777. Section 501 of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1737) is amended—
(1) in the section heading, by inserting ‘‘JOHN OGONOWSKI’’
before ‘‘FARMER-TO-FARMER PROGRAM’’; and
(2) by adding at the end the following new subsection:
‘‘(d) DESIGNATION OF PROGRAM.—The program of farmer-tofarmer assistance authorized by this section shall be known and
designated as the ‘John Ogonowski Farmer-to-Farmer Program’.’’.
This Act may be cited as the ‘‘Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act, 2002’’.
Approved November 28, 2001.

LEGISLATIVE HISTORY—H.R. 2330 (S. 1191):
HOUSE REPORTS: Nos. 107–116 (Comm. on Appropriations) and 107–275 (Comm.
of Conference).
SENATE REPORTS: No. 107–41 accompanying S. 1191 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
June 28, July 11, considered and passed House.
Oct. 25, considered and passed Senate, amended.
Oct. 30, Senate agreed to another amendment.
Nov. 13, House agreed to conference report.
Nov. 15, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Nov. 28, Presidential statement.

Æ

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