FY 2001 Appropriations - P.L. 106-387

PUBLIC LAW 106–387—OCT. 28, 2000

114 STAT. 1549

*Public Law 106–387
106th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September
30, 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. (a) The provisions of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into
law.
(b) In publishing this Act in slip form and in the United
States Statutes at Large pursuant to section 112 of title 1, United
States Code, the Archivist of the United States shall include after
the date of approval at the end an appendix setting forth the
text of the bill referred to in subsection (a) of this section.

Oct. 28, 2000
[H.R. 4461]

Incorporation by
reference.
Publication.
1 USC 112 note.

Approved October 28, 2000.

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

Æ

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–1

APPENDIX—H.R. 5426
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
for the fiscal year ending September 30, 2001, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING,
OFFICE
(INCLUDING

OF THE

AND

MARKETING

SECRETARY

TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary of Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,914,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary: Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to pay the
salaries and expenses of personnel of the Department of Agriculture
to carry out section 793(c)(1)(C) of Public Law 104–127: Provided
further, That none of the funds made available by this Act may
be used to enforce section 793(d) of Public Law 104–127.
EXECUTIVE OPERATIONS
CHIEF ECONOMIST

For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, energy and
new uses, and the functions of the World Agricultural Outlook
Board, as authorized by the Agricultural Marketing Act of 1946
(7 U.S.C. 1622g), and including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), of which not to exceed $5,000 is for employment under
5 U.S.C. 3109, $7,462,000.
NATIONAL APPEALS DIVISION

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

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114 STAT. 1549A–2

PUBLIC LAW 106–387—APPENDIX

to exceed $25,000 is for employment under 5 U.S.C. 3109,
$12,421,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and
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, $6,765,000.
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, $10,051,000.
COMMON COMPUTING ENVIRONMENT

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

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 is for employment under 5 U.S.C.
3109, $5,171,000: Provided, That the Chief Financial Officer shall
actively market cross-servicing activities of the National Finance
Center.
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

ADMINISTRATION

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

AND

(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 the operation, maintenance, improvement, and repair of

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–3

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

TRANSFERS OF FUNDS)

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

TRANSFERS OF FUNDS)

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

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

OF THE

ASSISTANT SECRETARY
RELATIONS

(INCLUDING

FOR

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, $3,568,000: Provided, That these funds may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel

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114 STAT. 1549A–4

PUBLIC LAW 106–387—APPENDIX

at the agency level: Provided further, That no other funds appropriated to the Department by this Act shall be available to the
Department for support of activities of congressional relations.
OFFICE

OF

COMMUNICATIONS

For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information,
work, and programs authorized by Congress in the Department,
$8,623,000, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 shall be available for employment
under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used
for farmers’ bulletins.
OFFICE

OF THE INSPECTOR

GENERAL

For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector
General Act of 1978, $68,867,000, including such sums as may
be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, including not to exceed $50,000
for employment under 5 U.S.C. 3109; and including not to exceed
$125,000 for certain confidential operational expenses, including
the payment of informants, to be expended under the direction
of the Inspector General pursuant to Public Law 95–452 and section
1337 of Public Law 97–98.
OFFICE

OF THE

GENERAL COUNSEL

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

OF THE

UNDER SECRETARY FOR RESEARCH, EDUCATION
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, $556,000.
ECONOMIC RESEARCH SERVICE
(INCLUDING

TRANSFER OF FUNDS)

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–5

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

For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration relating
to production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange,
or purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value or
shall be equalized by a payment of money to the grantor which
shall not exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $898,812,000: Provided, That
appropriations hereunder shall be available for temporary employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000
shall be available for employment under 5 U.S.C. 3109: Provided
further, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any
one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except
for 10 buildings to be constructed or improved at a cost not to
exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in
this Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center, including an easement to
the University of Maryland to construct the Transgenic Animal
Facility which upon completion shall be accepted by the Secretary
as a gift: Provided further, That the foregoing limitations shall
not apply to replacement of buildings needed to carry out the
Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political subdivision,

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114 STAT. 1549A–6

PUBLIC LAW 106–387—APPENDIX

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

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–7

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

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

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

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114 STAT. 1549A–8

PUBLIC LAW 106–387—APPENDIX

section 3(d) of the Act, $2,000,000; payments for sustainable agriculture programs under section 3(d) of the Act, $3,800,000; payments for rural health and safety education as authorized by section
2390 of Public Law 101–624 (7 U.S.C. 2661 note, 2662), $2,628,000;
payments for cooperative extension work by the colleges receiving
the benefits of the second Morrill Act (7 U.S.C. 321–326 and 328)
and Tuskegee University, $28,243,000, of which $1,000,000 shall
be made available to West Virginia State College in Institute,
West Virginia; and for Federal administration and coordination
including administration of the Smith-Lever Act, and the Act of
September 29, 1977 (7 U.S.C. 341–349), and section 1361(c) of
the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate
and provide program leadership for the extension work of the
Department and the several States and insular possessions,
$18,152,000: Provided, That funds hereby appropriated pursuant
to section 3(c) of the Act of June 26, 1953, and section 506 of
the Act of June 23, 1972, shall not be paid to any State, the
District of Columbia, Puerto Rico, Guam, or the Virgin Islands,
Micronesia, Northern Marianas, and American Samoa prior to availability of an equal sum from non-Federal sources for expenditure
during the current fiscal year.
INTEGRATED ACTIVITIES

For the integrated research, education, and extension competitive grants programs, including necessary administrative expenses,
as authorized under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$41,941,000, as follows: payments for the water quality program,
$13,000,000; payments for the food safety program, $15,000,000;
payments for the national agriculture pesticide impact assessment
program, $4,541,000; payments for the Food Quality Protection
Act risk mitigation program for major food crop systems, $4,900,000;
payments for the crops affected by Food Quality Protection Act
implementation, $1,500,000; payments for the methyl bromide
transition program, $2,500,000; and payments for the organic
transition program, $500,000.
OFFICE

OF THE

UNDER SECRETARY FOR MARKETING
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; $635,000.
ANIMAL

AND

PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES

(INCLUDING

TRANSFERS OF FUNDS)

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–9

the Acts of March 2, 1931 (46 Stat. 1468) and December 22, 1987
(101 Stat. 1329–1331) (7 U.S.C. 426–426c); and to protect the
environment, as authorized by law, $530,564,000, of which
$4,105,000 shall be available for the control of outbreaks of insects,
plant diseases, animal diseases and for control of pest animals
and birds to the extent necessary to meet emergency conditions;
of which $59,400,000 shall be used for the boll weevil eradication
program for cost share purposes or for debt retirement for active
eradication zones: Provided, That no funds shall be used to formulate or administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the States
of at least 40 percent: Provided further, That this appropriation
shall be available for field employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $40,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That this appropriation
shall be available for the operation and maintenance of aircraft
and the purchase of not to exceed four, of which two shall be
for replacement only: Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations
of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication
of contagious or infectious disease or pests of animals, poultry,
or plants, and for expenses in accordance with the Act of February
28, 1947, and section 102 of the Act of September 21, 1944, and
any unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with such
transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements, but
unless otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building: Provided further, That not to
exceed $1,000,000 of the funds available under this heading for
wildlife services methods development may be used by the Secretary
of Agriculture to conduct pilot projects in up to four States representative of wildlife predation of livestock in connection with
farming operations for direct assistance in the application of nonlethal predation control methods: Provided further, That the General Accounting Office shall report to the Committees on Appropriations by November 30, 2001, on the Department’s compliance with
this provision and on the effectiveness of the non-lethal measures.
In fiscal year 2001, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity’s
liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and
such fees shall be credited to this account, to remain available
until expended, without further appropriation, for providing such
assistance, goods, or services.
Of the total amount available under this heading in fiscal
year 2001, $85,000,000 shall be derived from user fees deposited
in the Agricultural Quarantine Inspection User Fee Account.

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114 STAT. 1549A–10

PUBLIC LAW 106–387—APPENDIX
BUILDINGS AND FACILITIES

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

For necessary expenses to carry out services related to consumer protection, agricultural marketing and distribution, transportation, and regulatory programs, as authorized by law, and for
administration and coordination of payments to States, including
field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed
$90,000 for employment under 5 U.S.C. 3109, $65,335,000, including
funds for the wholesale market development program for the design
and development of wholesale and farmer market facilities for the
major metropolitan areas of the country: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building:
Provided further, That, only after promulgation of a final rule
on a National Organic Standards Program, $639,000 of this amount
shall be available for the Expenses and Refunds, Inspection and
Grading of Farm Products fund account for the cost of the National
Organic Standards Program and such funds shall remain available
until expended.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $60,730,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)

(INCLUDING

TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of August 8, 1956;
(2) transfers otherwise provided in this Act; and (3) not more
than $13,438,000 for formulation and administration of marketing
agreements and orders pursuant to the Agricultural Marketing
Agreement Act of 1937 and the Agricultural Act of 1961.

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–11

PAYMENTS TO STATES AND POSSESSIONS

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

AND

STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers
and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, including
field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $31,420,000: Provided, That this appropriation shall be available pursuant to law
(7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

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

OF THE

UNDER SECRETARY

FOR

FOOD SAFETY

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

AND INSPECTION

SERVICE

For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$50,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$696,704,000, of which no less than $591,258,000 shall be available
for Federal food inspection; and in addition, $1,000,000 may be
credited to this account from fees collected for the cost of laboratory
accreditation as authorized by section 1017 of Public Law 102–
237: Provided, That not more than $2,500,000 of this appropriation
may be used to implement section 752 of title VII of this Act:
Provided further, That this appropriation shall be available for
field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$75,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings

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114 STAT. 1549A–12

PUBLIC LAW 106–387—APPENDIX

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

OF THE

UNDER SECRETARY FOR FARM
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, $589,000.
FARM SERVICE AGENCY
SALARIES AND EXPENSES

(INCLUDING

TRANSFERS OF FUNDS)

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

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

(INCLUDING

TRANSFER OF FUNDS)

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–13

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

(INCLUDING

TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928–1929, to be available from funds in the Agricultural Credit Insurance Fund, as
follows: farm ownership loans, $998,000,000, of which $870,000,000
shall be for guaranteed loans; operating loans, $1,972,741,000, of
which $1,077,839,000 shall be for unsubsidized guaranteed loans
and $369,902,000 shall be for subsidized guaranteed loans; Indian
tribe land acquisition loans as authorized by 25 U.S.C. 488,
$2,006,000; for emergency insured loans, $25,000,000 to meet the
needs resulting from natural disasters; and for boll weevil eradication program loans as authorized by 7 U.S.C. 1989, $100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,
$18,223,000, of which $4,437,000 shall be for guaranteed loans;
operating loans, $92,310,000, of which $14,770,000 shall be for
unsubsidized guaranteed loans and $30,185,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as
authorized by 25 U.S.C. 488, $323,000; and for emergency insured
loans, $6,133,000 to meet the needs resulting from natural disasters.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $269,454,000, of
which $265,315,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct
loans and guaranteed loans may be transferred among these programs with the prior approval of the Committees on Appropriations
of both Houses of Congress.
RISK MANAGEMENT AGENCY
For administrative and operating expenses, as authorized by
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 6933), $65,597,000: Provided, That not to exceed $700 shall
be available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).

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114 STAT. 1549A–14

PUBLIC LAW 106–387—APPENDIX
CORPORATIONS

The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act, such sums as may be necessary, to remain
available until expended (7 U.S.C. 2209b).
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES

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

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

OF THE

UNDER SECRETARY FOR NATURAL RESOURCES
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, $711,000: Provided, That
none of the funds appropriated or otherwise made available by
this Act or any other Act shall be available to the Office of the
Under Secretary for Natural Resources and Environment for the
supervision, management, or direction of the Forest Service or
the Natural Resources Conservation Service until January 20, 2001:
Provided further, That the Chiefs of the Forest Service and the
Natural Resources Conservation Service shall report directly to
the Secretary of Agriculture until January 20, 2001.

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–15

NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS

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

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

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114 STAT. 1549A–16

PUBLIC LAW 106–387—APPENDIX
WATERSHED AND FLOOD PREVENTION OPERATIONS

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

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–17

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

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

OF THE

UNDER SECRETARY

FOR

RURAL DEVELOPMENT

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

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

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114 STAT. 1549A–18

PUBLIC LAW 106–387—APPENDIX

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

(INCLUDING

TRANSFERS OF FUNDS)

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–19

RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

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

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

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114 STAT. 1549A–20

PUBLIC LAW 106–387—APPENDIX

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

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

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

For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $30,000,000, to remain available
until expended, for direct farm labor housing loans and domestic
farm labor housing grants and contracts.
RURAL BUSINESS-COOPERATIVE SERVICE
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–21

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

(INCLUDING

RESCISSION OF FUNDS)

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

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

(INCLUDING

TRANSFER OF FUNDS)

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

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114 STAT. 1549A–22

PUBLIC LAW 106–387—APPENDIX

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

(INCLUDING

TRANSFER OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out its authorized programs. During fiscal
year 2001 and within the resources and authority available, gross
obligations for the principal amount of direct loans shall be
$175,000,000.
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, including the cost of modifying loans, of direct
loans authorized by the Rural Electrification Act of 1936 (7 U.S.C.
935), $2,590,000.
In addition, for administrative expenses, including audits, necessary to carry out the loan programs, $3,000,000, which shall
be transferred to and merged with the appropriation for ‘‘Rural
Development, Salaries and Expenses’’.
DISTANCE LEARNING AND TELEMEDICINE PROGRAM

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

OF THE

UNDER SECRETARY FOR FOOD, NUTRITION
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, $570,000.

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PUBLIC LAW 106–387—APPENDIX
FOOD

AND

114 STAT. 1549A–23

NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING

TRANSFERS OF FUNDS)

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

For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $4,052,000,000, to remain available
through September 30, 2002: Provided, That none of the funds
made available under this heading shall be used for studies and
evaluations: Provided further, That of the total amount available,
the Secretary shall obligate $10,000,000 for the farmers’ market
nutrition program within 45 days of the enactment of this Act,
and an additional $10,000,000 for the farmers’ market nutrition
program from any funds not needed to maintain current caseload
levels: Provided further, That notwithstanding section 17(h)(10)(A)
of such Act, up to $14,000,000 shall be available for the purposes
specified in section 17(h)(10)(B), no less than $6,000,000 of which
shall be used for the development of electronic benefit transfer
systems: Provided further, That none of the funds in this Act
shall be available to pay administrative expenses of WIC clinics
except those that have an announced policy of prohibiting smoking
within the space used to carry out the program: Provided further,
That none of the funds provided in this account shall be available
for the purchase of infant formula except in accordance with the
cost containment and competitive bidding requirements specified
in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully

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114 STAT. 1549A–24

PUBLIC LAW 106–387—APPENDIX

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

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

For necessary expenses to carry out the commodity supplemental food program as authorized by section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c note) and
the Emergency Food Assistance Act of 1983, $140,300,000, to remain
available through September 30, 2002: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further,
That notwithstanding section 5(a)(2) of the Agriculture and Consumer Protection Act of 1973 (Public Law 93–86; 7 U.S.C. 612c
note), $20,781,000 of this amount shall be available for administrative expenses of the commodity supplemental food program.
FOOD DONATIONS PROGRAMS

For necessary expenses to carry out section 4(a) of the Agriculture and Consumer Protection Act of 1973; special assistance
for the nuclear affected islands as authorized by section 103(h)(2)
of the Compacts of Free Association Act of 1985, as amended;

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–25

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

For necessary administrative expenses of the domestic food
programs funded under this Act, $116,807,000, of which $5,000,000
shall be available only for simplifying procedures, reducing overhead
costs, tightening regulations, improving food stamp benefit delivery,
and assisting in the prevention, identification, and prosecution of
fraud and other violations of law and of which not less than
$4,500,000 shall be available to improve integrity in the Food
Stamp and Child Nutrition programs: Provided, That this appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $150,000 shall be available for employment
under 5 U.S.C. 3109.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES

(INCLUDING

TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761–1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate activities
of the Department in connection with foreign agricultural work,
including not to exceed $158,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $115,424,000: Provided, That the Service
may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements executed
pursuant to the agricultural food production assistance programs
(7 U.S.C. 1737) and the foreign assistance programs of the United
States Agency for International Development.
None of the funds in the foregoing paragraph shall be available
to promote the sale or export of tobacco or tobacco products.
PUBLIC LAW

480

(INCLUDING

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, $114,186,000, to remain available until expended.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83–480, and the Food for Progress
Act of 1985, to the extent funds appropriated for Public Law 83–
480 are utilized, $1,850,000, of which $1,035,000 may be transferred
to and merged with the appropriation for ‘‘Foreign Agricultural

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114 STAT. 1549A–26

PUBLIC LAW 106–387—APPENDIX

Service, Salaries and Expenses’’, and of which $815,000 may be
transferred to and merged with the appropriation for ‘‘Farm Service
Agency, Salaries and Expenses’’.
PUBLIC LAW

480

TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

(INCLUDING

TRANSFERS OF FUNDS)

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

480

TITLE II GRANTS

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

(INCLUDING

TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit
Corporation’s export guarantee program, GSM 102 and GSM 103,
$3,820,000; to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$3,231,000 may be transferred to and merged with the appropriation
for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of
which $589,000 may be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD

AND

DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; and for miscellaneous and emergency expenses of enforcement activities, authorized

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–27

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

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used
by the Food and Drug Administration, where not otherwise provided, $31,350,000, to remain available until expended (7 U.S.C.
2209b).
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor vehicles; the rental of space
(to include multiple year leases) in the District of Columbia and

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PUBLIC LAW 106–387—APPENDIX

elsewhere; and not to exceed $25,000 for employment under 5
U.S.C. 3109, $68,000,000, including not to exceed $1,000 for official
reception and representation expenses.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $36,800,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated
with receiverships.
TITLE VII—GENERAL PROVISIONS
SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture
for fiscal year 2001 under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed
389 passenger motor vehicles, of which 385 shall be for replacement
only, and for the hire of such vehicles.
SEC. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor
as authorized by law (5 U.S.C. 5901–5902).
SEC. 703. Not less than $1,500,000 of the appropriations of
the Department of Agriculture in this Act for research and service
work authorized by sections 1 and 10 of the Act of June 29, 1935
(7 U.S.C. 427, 427i; commonly known as the Bankhead-Jones Act),
subtitle A of title II and section 302 of the Act of August 14,
1946 (7 U.S.C. 1621 et seq.), and chapter 63 of title 31, United
States Code, shall be available for contracting in accordance with
such Acts and chapter.
SEC. 704. The Secretary of Agriculture may transfer unobligated
balances of funds appropriated by this Act or other available unobligated balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the
Department of Agriculture: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to
the Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds transferred
to the Working Capital Fund pursuant to this section shall be
available for obligation without the prior approval of the Committees on Appropriations of both Houses of Congress.
SEC. 705. New obligational authority provided for the following
appropriation items in this Act shall remain available until
expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, fruit fly program,
integrated systems acquisition project, boll weevil program, up to
25 percent of the screwworm program, and up to $2,000,000 for
costs associated with colocating regional offices; Food Safety and
Inspection Service, field automation and information management
project; funds appropriated for rental payments; Cooperative State
Research, Education, and Extension Service, funds for competitive
research grants (7 U.S.C. 450i(b)), funds for the Research, Education

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–29

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

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the Grain Inspection, Packers and Stockyards Administration; the
Animal and Plant Health Inspection Service; and the food safety
activities of the Food Safety and Inspection Service may use
cooperative agreements to reflect a relationship between the Agricultural Marketing Service; the Grain Inspection, Packers and
Stockyards Administration; the Animal and Plant Health Inspection
Service; or the Food Safety and Inspection Service and a state
or cooperator to carry out agricultural marketing programs, to
carry out programs to protect the nation’s animal and plant
resources, or to carry out educational programs or special studies
to improve the safety of the nation’s food supply.
SEC. 714. Notwithstanding any other provision of law (including
provisions of law requiring competition), the Secretary of Agriculture may hereafter enter into cooperative agreements (which
may provide for the acquisition of goods or services, including
personal services) with a State, political subdivision, or agency
thereof, a public or private agency, organization, or any other person, if the Secretary determines that the objectives of the agreement
will: (1) serve a mutual interest of the parties to the agreement
in carrying out the programs administered by the Natural Resources
Conservation Service; and (2) all parties will contribute resources
to the accomplishment of these objectives: Provided, That Commodity Credit Corporation funds obligated for such purposes shall not
exceed the level obligated by the Commodity Credit Corporation
for such purposes in fiscal year 1998.
SEC. 715. None of the funds in this Act may be used to retire
more than 5 percent of the Class A stock of the Rural Telephone
Bank or to maintain any account or subaccount within the accounting records of the Rural Telephone Bank the creation of which
has not specifically been authorized by statute: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available in this Act may be used
to transfer to the Treasury or to the Federal Financing Bank
any unobligated balance of the Rural Telephone Bank telephone
liquidating account which is in excess of current requirements and
such balance shall receive interest as set forth for financial accounts
in section 505(c) of the Federal Credit Reform Act of 1990.
SEC. 716. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 717. None of the funds appropriated by this Act may
be used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection
Act (21 U.S.C. 471).
SEC. 718. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual’s employing agency or office
is fully reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
SEC. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to transmit
or otherwise make available to any non-Department of Agriculture

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114 STAT. 1549A–31

employee questions or responses to questions that are a result
of information requested for the appropriations hearing process.
SEC. 720. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the
prior approval of the Committees on Appropriations of both Houses
of Congress.
SEC. 721. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2001, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2001, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming of
funds in excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2) reduces
by 10 percent funding for any existing program, project, or activity,
or numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings from a reduction in personnel
which would result in a change in existing programs, activities,
or projects as approved by Congress; unless the Committees on
Appropriations of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
(c) The Secretary of Agriculture shall notify the Committees
on Appropriations of both Houses of Congress before implementing
a program or activity not carried out during the previous fiscal
year unless the program or activity is funded by this Act or specifically funded by any other Act.
SEC. 722. (a) Of the funds made available to the Secretary
of Agriculture pursuant to section 793(b)(1) of Public Law 104–
127 (7 U.S.C. 2204f ) for the 2000 fiscal year—
(1) $30,000,000 shall be available to be obligated for any
purpose authorized under section 793 of that Act during the
2001 fiscal year; and

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(2) $30,000,000 shall be available to be obligated for any
purpose authorized under section 793 of that Act during the
2002 fiscal year.
(b) None of the funds appropriated or otherwise made available
by this Act or any other Act may be used to pay the salaries
and expenses of personnel to carry out the transfer or obligation
of fiscal year 2001 funds under section 793 of Public Law 104–
127 (7 U.S.C. 2204f ).
SEC. 723. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel who carry out an environmental quality incentives
program authorized by chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess
of $174,000,000.
SEC. 724. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the transfer or obligation
of fiscal year 2001 funds under the provisions of section 401 of
Public Law 105–185, the Initiative for Future Agriculture and Food
Systems (7 U.S.C. 7621): Provided, That notwithstanding section
401(d) of Public Law 105–185, any appropriation or funds available
to the Secretary of Agriculture to make grants under section 401
of Public Law 105–185 shall be used only to make grants to Hispanic-serving institutions (as defined in 20 U.S.C. 1101a(5)); West
Virginia State College in Institute; and the 1862 institutions, 1890
institutions, and 1994 institutions, as defined in section 2 of Public
Law 105–185 (7 U.S.C. 7601), or research foundations maintained
by such institutions.
SEC. 725. Hereafter, none of the funds made available to the
Department of Agriculture shall be used to carry out any commodity
purchase program that would prohibit eligibility or participation
by farmer-owned cooperatives.
SEC. 726. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel to carry out a conservation farm option program,
as authorized by section 1240M of the Food Security Act of 1985
(16 U.S.C. 3839bb).
SEC. 727. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or relocate,
or to plan to close or relocate, the Food and Drug Administration
Division of Drug Analysis (recently renamed the Division of
Pharmaceutical Analysis) in St. Louis, Missouri, except that funds
could be used to plan a possible relocation of this Division within
the city limits of St. Louis, Missouri.
SEC. 728. None of the funds made available to the Food and
Drug Administration by this Act shall be used to reduce the Detroit,
Michigan, Food and Drug Administration District Office below the
operating and full-time equivalent staffing level of July 31, 1999;
or to change the Detroit District Office to a station, residence
post or similarly modified office; or to reassign residence posts
assigned to the Detroit District Office: Provided, That this section
shall not apply to Food and Drug Administration field laboratory
facilities or operations currently located in Detroit, Michigan, except
that field laboratory personnel shall be assigned to locations in
the general vicinity of Detroit, Michigan, pursuant to cooperative
agreements between the Food and Drug Administration and other
laboratory facilities associated with the State of Michigan.

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114 STAT. 1549A–33

SEC. 729. Hereafter, none of the funds appropriated by this
Act or any other Act may be used to:
(1) carry out the proviso under 7 U.S.C. 1622(f ); or
(2) carry out 7 U.S.C. 1622(h) unless the Secretary of
Agriculture inspects and certifies agricultural processing equipment, and imposes a fee for the inspection and certification,
in a manner that is similar to the inspection and certification
of agricultural products under that section, as determined by
the Secretary: Provided, That this provision shall not affect
the authority of the Secretary to carry out the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.).
SEC. 730. None of the funds appropriated by this Act or any
other Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s Budget submission to the Congress of the United States
for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, and Related Agencies that assumes revenues or reflects a reduction from the previous
year due to user fees proposals that have not been enacted into
law prior to the submission of the Budget unless such Budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2002 appropriations Act.
SEC. 731. None of the funds appropriated or otherwise made
available by this Act shall be used to establish an Office of Community Food Security or any similar office within the United States
Department of Agriculture without the prior approval of the
Committees on Appropriations of both Houses of Congress.
SEC. 732. None of the funds appropriated or otherwise made
available by this or any other Act may be used to carry out provision
of section 612 of Public Law 105–185.
SEC. 733. None of the funds appropriated by this Act shall
be used to propose or issue rules, regulations, decrees, or orders
for the purpose of implementation, or in preparation for
implementation, of the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan.
SEC. 734. None of the funds appropriated or otherwise made
available by this Act may be used to declare excess or surplus
all or part of the lands and facilities owned by the Federal Government and administered by the Secretary of Agriculture at Fort
Reno, Oklahoma, or to transfer or convey such lands or facilities
prior to July 1, 2001, without the specific authorization of Congress.
SEC. 735. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used for the
implementation of a Support Services Bureau or similar organization.
SEC. 736. Notwithstanding any other provision of law, for any
fiscal year, in the case of a high cost, isolated rural area of the
State of Alaska that is not connected to a road system—
(1) in the case of assistance provided by the Rural Housing
Service for single family housing under title V of the Housing
Act of 1949 (7 U.S.C. 1471 et seq.), the maximum income
level for the assistance shall be 150 percent of the average
income level in metropolitan areas of the State;

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(2) in the case of community facility loans and grants
provided under paragraphs (1) and (19), respectively, of section
306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)) and assistance provided under programs
carried out by the Rural Utilities Service, the maximum income
level for the loans, grants, and assistance shall be 150 percent
of the average income level in nonmetropolitan areas of the
State;
(3) in the case of a business and industry guaranteed
loan made under section 310B(a)(1) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1932(a)(1)), to the extent
permitted under that Act, the Secretary of Agriculture shall—
(A) guarantee the repayment of 90 percent of the principal and interest due on the loan; and
(B) charge a loan origination and servicing fee in an
amount not to exceed 1 percent of the amount of the
loan; and
(4) in the case of assistance provided under the Rural
Community Development Initiative for fiscal year 2001 carried
out under the rural community advancement program established under subtitle E of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009 et seq.), the median household
income level, and the not employed rate, with respect to
applicants for assistance under the Initiative shall be scored
on a community-by-community basis.
SEC. 737. Notwithstanding any other provision of law, the
Town of Lloyd, New York, and the Town of Thompson, New York,
shall be eligible for loans and grants provided through the Rural
Community Advancement Program.
SEC. 738. Hereafter, notwithstanding any other provision of
law, no housing or residence in a foreign country purchased by
an agent or instrumentality of the United States, for the purpose
of housing the agricultural attache´ , shall be sold or disposed of
without the approval of the Foreign Agricultural Service of the
United States Department of Agriculture, including property purchased using foreign currencies generated under the Agricultural
Trade Development and Assistance Act of 1954 (Public Law 480)
and used or occupied by agricultural attache´ s of the Foreign Agricultural Service: Provided, That the Department of State/Office of
Foreign Buildings may sell such properties with the concurrence
of the Foreign Agricultural Service if the proceeds are used to
acquire suitable properties of appropriate size for Foreign Agricultural Service agricultural attache´ s: Provided further, That the Foreign Agricultural Service shall have the right to occupy such residences in perpetuity with costs limited to appropriate maintenance
expenses.
SEC. 739. Hereafter, notwithstanding section 502(h)(7) of the
Housing Act of 1949 (42 U.S.C. 1472(h)(7)), the fee collected by
the Secretary of Agriculture with respect to a guaranteed loan
under such section 502(h) at the time of the issuance of such
guarantee may be in an amount equal to not more than 2 percent
of the principal obligation of the loan.
SEC. 740. Hereafter, funds appropriated to the Department
of Agriculture may be used to employ individuals by contract for
services outside the United States as determined by the agencies
to be necessary or appropriate for carrying out programs and activities abroad; and such contracts are authorized to be negotiated,

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the terms of the contract to be prescribed, and the work to be
performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making and performance of contracts and performance of work in the United States. Individuals
employed by contract to perform such services outside the United
States shall not by virtue of such employment be considered to
be employees of the United States Government for purposes of
any law administered by the Office of Personnel Management.
Such individuals may be considered employees within the meaning
of the Federal Employee Compensation Act, 5 U.S.C. 8101 et seq.
Further, that Government service credit shall be accrued for the
time employed under a Personal Service Agreement (PSA) should
the individual later be hired into a permanent United States
Government position within FAS or another United States Government agency if the authorities of the hiring agency so permit.
SEC. 741. None of the funds made available by this Act or
any other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and enhancement of program delivery have been determined.
SEC. 742. (a) IN GENERAL.—Section 141 of the Agricultural
Market Transition Act (7 U.S.C. 7251) is amended—
(1) in subsection (b)(4), by striking ‘‘and 2000’’; and inserting ‘‘through 2001’’; and
(2) in subsection (h), by striking ‘‘2000’’ each place it
appears and inserting ‘‘2001’’.
(b) CONFORMING AMENDMENT.—Section 142(e) of the Agricultural Market Transition Act (7 U.S.C. 7252(e)) is amended by striking ‘‘2001’’ and inserting ‘‘2002’’.
SEC. 743. Of any shipments of commodities made pursuant
to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)),
the Secretary of Agriculture shall, to the extent practicable, direct
that tonnage equal in value to not more than $25,000,000 shall
be made available to foreign countries to assist in mitigating the
effects of the Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome on communities, including the provision of—
(1) agricultural commodities to—
(A) individuals with Human Immunodeficiency Virus
or Acquired Immune Deficiency Syndrome in the communities, and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods
among individuals in the communities, particularly individuals
caring for orphaned children.
SEC. 744. In addition to amounts otherwise appropriated or
made available by this Act, $2,000,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships through the Congressional Hunger Center.
SEC. 745. (a) SHORT TITLE.—This section may be cited as the
‘‘Medicine Equity and Drug Safety Act of 2000’’.
(b) FINDINGS.—The Congress makes the following findings:
(1) The cost of prescription drugs for Americans continues
to rise at an alarming rate.

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(2) Millions of Americans, including Medicare beneficiaries
on fixed incomes, face a daily choice between purchasing lifesustaining prescription drugs, or paying for other necessities,
such as food and housing.
(3) Many life-saving prescription drugs are available in
countries other than the United States at substantially lower
prices, even though such drugs were developed and are
approved for use by patients in the United States.
(4) Many Americans travel to other countries to purchase
prescription drugs because the medicines that they need are
unaffordable in the United States.
(5) Americans should be able to purchase medicines at
prices that are comparable to prices for such medicines in
other countries, but efforts to enable such purchases should
not endanger the gold standard for safety and effectiveness
that has been established and maintained in the United States.
(c) AMENDMENT.—Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended—
(1) in section 801(d)(1), by inserting ‘‘and section 804’’ after
‘‘paragraph (2)’’; and
(2) by adding at the end the following:
‘‘IMPORTATION

OF COVERED PRODUCTS

‘‘SEC. 804. (a) REGULATIONS.—The Secretary, after consultation
with the United States Trade Representative and the Commissioner
of Customs, shall promulgate regulations permitting pharmacists
and wholesalers to import into the United States covered products.
‘‘(b) LIMITATION.—Regulations under subsection (a) shall—
‘‘(1) require that safeguards be in place to ensure that
each covered product imported pursuant to such subsection
complies with section 505 (including with respect to being safe
and effective for its intended use), with sections 501 and 502,
and with other applicable requirements of this Act;
‘‘(2) require that an importer of a covered product pursuant
to subsection (a) comply with the applicable provisions of this
section, including subsection (d); and
‘‘(3) contain any additional provisions determined by the
Secretary to be appropriate as a safeguard to protect the public
health or as a means to facilitate the importation of such
products.
‘‘(c) RECORDS.—Regulations under subsection (a) shall require
that records regarding the importation of covered products pursuant
to such subsection be provided to and maintained by the Secretary
for a period of time determined to be necessary by the Secretary.
‘‘(d) IMPORTATION.—Regulations under subsection (a) shall
require an importer of a covered product pursuant to such subsection to provide to the Secretary the following information and
records:
‘‘(1) The name and amount of the active ingredient of
such product and description of the dosage form.
‘‘(2) The date that the product is shipped and the quantity
of the product that is shipped, points of origin and destination
for the product, the price paid for the product by the importer,
and (once the product is distributed) the price for which such
product is sold by the importer.

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

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and shall require that such information be kept in strict confidence and used only for purposes of testing under this Act;
and
‘‘(3) may include such additional provisions as the Secretary
determines to be appropriate to provide for the protection of
trade secrets and commercial or financial information that is
privileged or confidential.
‘‘(f ) COUNTRY LIMITATION.—Regulations under subsection (a)
shall provide that covered products may be imported pursuant
to such subsection only from a country, union, or economic area
that is listed in subparagraph (A) of section 802(b)(1) or designated
by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health.
‘‘(g) SUSPENSION OF IMPORTATIONS.—The Secretary shall
require that importations of specific covered products or importations by specific importers pursuant to subsection (a) be immediately
suspended upon discovery of a pattern of importation of such products or by such importers that is counterfeit or in violation of
any requirement pursuant to this section, until an investigation
is completed and the Secretary determines that the public is adequately protected from counterfeit and violative covered products
being imported pursuant to subsection (a).
‘‘(h) PROHIBITED AGREEMENTS.—No manufacturer of a covered
product may enter into a contract or agreement that includes a
provision to prevent the sale or distribution of covered products
imported pursuant to subsection (a).
‘‘(i) STUDIES; REPORTS.—
‘‘(1) STUDY BY SECRETARY.—
‘‘(A) IN GENERAL.—The Secretary shall conduct, or contract with an entity to conduct, a study on the imports
permitted pursuant to subsection (a), including consideration of the information received under subsection (d). In
conducting such study, the Secretary or entity shall—
‘‘(i) evaluate the compliance of importers with regulations under subsection (a), and the number of shipments pursuant to such subsection, if any, that have
been determined to be counterfeit, misbranded, or
adulterated, and determine how such compliance contrasts with the number of shipments of prescription
drugs transported within the United States that have
been determined to be counterfeit, misbranded, or
adulterated; and
‘‘(ii) consult with the United States Trade Representative and the Commissioner of Patents and
Trademarks to evaluate the effect of importations
pursuant to subsection (a) on trade and patent rights
under Federal law.
‘‘(B) REPORT.—Not later than 2 years after the effective
date of final regulations under subsection (a), the Secretary
shall prepare and submit to the Congress a report describing the findings of the study under subparagraph (A).
‘‘(2) STUDY BY GENERAL ACCOUNTING OFFICE.—The
Comptroller General of the United States shall conduct a study
to determine the effect of this section on the price of covered
products sold to consumers at retail. Not later than 18 months
after the effective date of final regulations under subsection

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(a), the Comptroller General shall prepare and submit to the
Congress a report describing the findings of such study.
‘‘( j) CONSTRUCTION.—Nothing in this section shall be construed
to limit the statutory, regulatory, or enforcement authority of the
Secretary relating to the importation of covered products, other
than with respect to section 801(d)(1) as provided in this section.
‘‘(k) DEFINITIONS.—
‘‘(1) COVERED PRODUCT.—
‘‘(A) IN GENERAL.—For purposes of this section, the
term ‘covered product’ means a prescription drug, except
that such term does not include a controlled substance
in schedule I, II, or III under section 202(c) of the Controlled Substances Act or a biological product as defined
in section 351 of the Public Health Service Act.
CONTRIBUTIONS;
PARENTERAL
‘‘(B)
CHARITABLE
DRUGS.—Notwithstanding any other provision of this section, section 801(d)(1)—
‘‘(i) continues to apply to a covered product donated
or otherwise supplied for free by the manufacturer
of the drug to a charitable or humanitarian organization, including the United Nations and affiliates, or
to a government of a foreign country; and
‘‘(ii) continues to apply to a covered product that
is a parenteral drug the importation of which pursuant
to subsection (a) is determined by the Secretary to
pose a threat to the public health.
‘‘(2) OTHER TERMS.—For purposes of this section:
‘‘(A) The term ‘importer’ means a pharmacist or wholesaler.
‘‘(B) The term ‘pharmacist’ means a person licensed
by a State to practice pharmacy, including the dispensing
and selling of prescription drugs.
‘‘(C) The term ‘prescription drug’ means a drug subject
to section 503(b).
‘‘(D) The term ‘qualifying laboratory’ means a laboratory in the United States that has been approved by the
Secretary for purposes of this section.
‘‘(E) The term ‘wholesaler’ means a person licensed
as a wholesaler or distributor of prescription drugs in the
United States pursuant to section 503(e)(2)(A). Such term
does not include a person authorized to import drugs under
section 801(d)(1).
‘‘(l) CONDITIONS.—This section shall become effective only if
the Secretary demonstrates to the Congress that the implementation of this section will—
‘‘(1) pose no additional risk to the public’s health and
safety; and
‘‘(2) result in a significant reduction in the cost of covered
products to the American consumer.
‘‘(m) SUNSET.—Effective upon the expiration of the 5-year period
beginning on the effective date of final regulations under subsection
(a), this section ceases to have any legal effect.’’.
(d) PROHIBITED ACT.—
(1) IN GENERAL.—Section 301 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331) is amended by adding at
the end the following:

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‘‘(aa) The importation of a covered product in violation of section
804, the falsification of any record required to be maintained or
provided to the Secretary under such section, or any other violation
of regulations under such section.’’.
(2) ENHANCED PENALTIES.—Section 303(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended
by adding at the end the following:
‘‘(6) Notwithstanding subsection (a), any person who is a manufacturer or importer of a covered product pursuant to section 804(a)
and knowingly fails to comply with a requirement of section 804(e)
that is applicable to such manufacturer or importer, respectively,
shall be imprisoned for not more than 10 years or fined not more
than $250,000, or both.’’.
(e) For an additional amount for ‘‘Salaries and expenses’’, Food
and Drug Administration, $23,000,000, solely to carry out the ‘‘Medicine Equity and Drug Safety Act of 2000’’, to be available only
upon submission of an official budget request and justification for
such amount by the President to the Congress.
SEC. 746. (a) SHORT TITLE.—This section may be cited as the
‘‘Prescription Drug Import Fairness Act of 2000’’.
(b) FINDINGS.—The Congress finds as follows:
(1) Patients and their families sometimes have reason to
import into the United States drugs that have been approved
by the Food and Drug Administration (‘‘FDA’’).
(2) There have been circumstances in which—
(A) an individual seeking to import such a drug has
received a notice from FDA that importing the drug violates
or may violate the Federal Food, Drug, and Cosmetic Act;
and
(B) the notice failed to inform the individual of the
reasons underlying the decision to send the notice.
(3) FDA should not send a warning notice regarding the
importation of a drug without providing to the individual
involved a statement of the underlying reasons for the notice.
(c) CLARIFICATION OF CERTAIN RESPONSIBILITIES OF FOOD AND
DRUG ADMINISTRATION WITH RESPECT TO IMPORTATION OF
PRESCRIPTION DRUGS INTO UNITED STATES.—Section 801 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended
by adding at the end the following subsection:
‘‘(g)(1) With respect to a prescription drug being imported or
offered for import into the United States, the Secretary, in the
case of an individual who is not in the business of such importations,
may not send a warning notice to the individual unless the following
conditions are met:
‘‘(A) The notice specifies, as applicable to the importation
of the drug, that the Secretary has made a determination
that—
‘‘(i) importation is in violation of section 801(a) because
the drug is or appears to be adulterated, misbranded, or
in violation of section 505;
‘‘(ii) importation is in violation of section 801(a) because
the drug is or appears to be forbidden or restricted in
sale in the country in which it was produced or from
which it was exported;
‘‘(iii) importation is or appears to be in violation of
section 801(d)(1); or

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‘‘(iv) importation otherwise is or appears to be in violation of Federal law.
‘‘(B) The notice does not specify any provision described
in subparagraph (A) that is not applicable to the importation
of the drug.
‘‘(C) The notice states the reasons underlying such determination by the Secretary, including a brief application to
the principal facts involved of the provision of law described
in subparagraph (A) that is the basis of the determination
by the Secretary.
‘‘(2) For purposes of this section, the term ‘warning notice’,
with respect to the importation of a drug, means a communication
from the Secretary (written or otherwise) notifying a person, or
clearly suggesting to the person, that importing the drug for personal use is, or appears to be, a violation of this Act.’’.
SEC. 747. Notwithstanding any other provision of law, the
Secretary of Agriculture may not deny a loan application made
pursuant to the Consolidated Farm and Rural Development Act
(7 U.S.C. 1921 et seq.) in Arkansas solely on the basis that—
(a) the proceeds of the loan will be used to conduct activities
in a flood plain; or
(b) the loan is secured by land that is in a flood plain.
SEC. 748. Section 2111(a)(3) of the Organic Foods Production
Act of 1990 (7 U.S.C. 651(a)(3)) is amended by adding after ‘‘sulfites,’’ ‘‘except in the production of wine,’’.
SEC. 749. Notwithstanding any other provision of law or regulation, hereafter, Friends of the National Arboretum, an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a) of such Code incorporated in the District of Columbia, shall not be considered a
prohibited source with respect to gifts to the United States National
Arboretum so long as Friends of the National Arboretum remains
an organization described under section 501(c)(3) of such Code
and continues to conduct its operations exclusively for the benefit
of the United States National Arboretum. The Secretary of Agriculture shall, within 90 days of enactment of this Act, provide
the Appropriations Committees of both Houses of Congress with
either a copy of a Memorandum of Understanding detailing the
nature of its partnership with the Friends of the National Arboretum, or with a written explanation of why such a Memorandum
of Understanding could not be achieved.
SEC. 750. None of the funds made available by this Act may
be used to require an office of the Farm Service Agency that
is using FINPACK on May 17, 1999, for financial planning and
credit analysis, to discontinue use of FINPACK for 6 months from
the date of enactment of this Act.
SEC. 751. Hereafter, the Secretary of Agriculture shall consider
any borrower whose income does not exceed 115 percent of the
median family income of the United States as meeting the eligibility
requirements for a borrower contained in section 502(h)(2) of the
Housing Act of 1949 (42 U.S.C. 1472(h)(2)).
SEC. 752. Effective 180 days after the date of the enactment
of this Act and continuing for the remainder of fiscal year 2001
and each subsequent fiscal year, establishments in the United
States that slaughter or process birds of the order Ratitae, such
as ostriches, emus and rheas, and squab, for distribution in commerce as human food shall be subject to the ante mortem and

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post mortem inspection, reinspection, and sanitation requirements
of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.)
rather than the voluntary poultry inspection program of the Department of Agriculture under section 203 of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1622).
SEC. 753. In developing a rule concerning on-farm standards
for prevention of Salmonella Enteritidis in shell eggs pursuant
to any plan to eliminate Salmonella Enteritidis illnesses due to
eggs, the Food and Drug Administration shall—
(a) consider one environmental test per laying cycle for
each layer house for verification of the producer’s Salmonella
Enteritidis reduction plan;
(b) consider when it is appropriate to require diversion
of shell eggs to treatment, such as pasteurization, and base
any requirement for testing that would necessitate diversion,
which may include the receipt of a positive egg test result,
on sound science;
(c) conduct or support research to develop cost-effective
and improved tests for determination of Salmonella Enteritidis;
and
(d) solicit comments on appropriate options for implementing a Salmonella Enteritidis reduction plan in shell eggs, including comments on conducting and funding testing, through Federal and State programs.
SEC. 754. Public Law 105–277, division A, title XI, section
1121 (112 Stat. 2681–44, 2681–45) is amended by—
(1) striking ‘‘not later than January 1, 2000’’ and inserting
‘‘not later than January 1, 2001’’; and
(2) adding the following new subsection at the end thereof—
‘‘(d) ADDITIONAL DISBURSEMENT.—
‘‘(1) COTTON STORED IN GEORGIA.—The State of Georgia
may use funds remaining in the indemnity fund established
in accordance with this section to compensate cotton producers
in other States who stored cotton in the State of Georgia
and incurred losses in 1998 or 1999 as the result of the events
described in subsection (a).
‘‘(2) GINNERS AND OTHERS.—The State of Georgia may also
use funds remaining in the indemnity fund established in
accordance with this section to compensate cotton ginners and
others in the business of producing, ginning, warehousing, buying, or selling cotton for losses they incurred in 1998 or 1999
as the result of the events described in subsection (a), if—
‘‘(A) as of March 1, 2000, the indemnity fund has
not been exhausted,
‘‘(B) the State of Georgia provides cotton producers
an additional time period prior to May 1, 2000, in which
to establish eligibility for compensation under this section;
‘‘(C) the State of Georgia determines during calendar
year 2000 that all cotton producers in that State and cotton
producers in other States as described in paragraph (d)(1)
have been appropriately compensated for losses incurred
in 1998 or 1999 as described in subsection (a); and
‘‘(D) such additional compensation is not made available until May 1, 2000.’’.
SEC. 755. The Food Security Act of 1985 is amended by inserting
after section 1230 (16 U.S.C. 3830) the following:

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‘‘SEC. 1230A. GOOD FAITH RELIANCE.

‘‘(a) IN GENERAL.—Except as provided in subsection (d) and
notwithstanding any other provision of this chapter, the Secretary
shall provide equitable relief to an owner or operator that has
entered into a contract under this chapter, and that is subsequently
determined to be in violation of the contract, if the owner or operator
in attempting to comply with the terms of the contract and enrollment requirements took actions in good faith reliance on the action
or advice of an authorized representative of the Secretary.
‘‘(b) TYPES OF RELIEF.—The Secretary shall—
‘‘(1) to the extent the Secretary determines that an owner
or operator has been injured by good faith reliance described
in subsection (a), allow the owner or operator to do any one
or more of the following—
‘‘(A) to retain payments received under the contract;
‘‘(B) to continue to receive payments under the contract;
‘‘(C) to keep all or part of the land covered by the
contract enrolled in the applicable program under this
chapter;
‘‘(D) to reenroll all or part of the land covered by
the contract in the applicable program under this chapter;
or
‘‘(E) or any other equitable relief the Secretary deems
appropriate; and
‘‘(2) require the owner or operator to take such actions
as are necessary to remedy any failure to comply with the
contract.
‘‘(c) RELATION TO OTHER LAW.—The authority to provide relief
under this section shall be in addition to any other authority
provided in this or any other Act.
‘‘(d) EXCEPTION.—This section shall not apply to a pattern
of conduct in which an authorized representative of the Secretary
takes actions or provides advice with respect to an owner or operator
that the representative and the owner or operator know are
inconsistent with applicable law (including regulations).
‘‘(e) APPLICABILITY OF RELIEF.—Relief under this section shall
be available for contracts in effect on January 1, 2000 and for
all subsequent contracts.’’.
SEC. 756. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’.
SEC. 757. Refunds or rebates received on an on-going basis
from a credit card services provider under the Department of Agriculture’s charge card programs may be deposited to and retained
without fiscal year limitation in the Departmental Working Capital
Fund established under 7 U.S.C. 2235 and used to fund management initiatives of general benefit to the Department of Agriculture
bureaus and offices as determined by the Secretary of Agriculture
or the Secretary’s designee.
SEC. 758. The Act of August 19, 1958 (7 U.S.C. 1431 note)
is amended—
(1) by striking ‘‘clause (3) or (4) of ’’ the first place it
appears and inserting ‘‘the Food for Progress Act of 1985,’’;
(2) by striking ‘‘clause (3) or (4) of such’’ and inserting
‘‘the Food for Progress Act of 1985, such’’; and
(3) by striking ‘‘to the President’’.

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

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

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114 STAT. 1549A–45

before the date of the enactment of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001.’’.
SEC. 768. Section 412(d) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1736f(d)) is amended by
striking ‘‘title I of the Agricultural Act of 1949 (7 U.S.C. 1421
et seq.)’’ and inserting ‘‘dairy price support operations’’.
SEC. 769. Notwithstanding any other provision of law, the
City of Coachella, California, shall be eligible for grants and loans
administered by the rural development mission areas of the Department of Agriculture.
SEC. 770. Notwithstanding any other provision of law, the
Secretary of Agriculture shall consider the City of Vicksburg, Mississippi, as meeting the requirements of a rural area in section
520 of the Housing Act of 1949 (42 U.S.C. 1490).
SEC. 771. Notwithstanding any other provision of law, the
Administrator of the Rural Utilities Service shall use the authorities
provided in the Rural Electrification Act of 1936 to finance the
acquisition of existing generation, transmission and distribution
systems and facilities serving high cost, predominantly rural areas
by entities capable of and dedicated to providing or improving
service in such areas in an efficient and cost effective manner.
SEC. 772. None of the funds appropriated or otherwise made
available by this Act shall be used to issue a notice of proposed
rulemaking, to promulgate a proposed rule, or to otherwise change
or modify the definition of ‘‘animal’’ in existing regulations pursuant
to the Animal Welfare Act.
SEC. 773. Section 306(a)(19)(A) of the Consolidated Farmers
Home Administration Act of 1961 is amended by inserting after
‘‘nonprofit corporations’’ the following new phrase: ‘‘, Indian tribes
(as such term is defined under section 4(e) of Public Law 93–
638, as amended),’’.
SEC. 774. Section 2101 of the Emergency Supplemental Act,
2000 (Public Law 106–246; 114 Stat. 541) is amended—
(1) by inserting ‘‘or prior’’ after ‘‘such outstanding ’’; and
(2) by inserting ‘‘and subsequently repaid’’ after ‘‘placed
under loan’’.
SEC. 775. For purposes of administering title IX of this Act,
the term ‘‘agricultural commodity’’ shall also include fertilizer and
organic fertilizer, except to the extent provided pursuant to section
904 of that title.
SEC. 776. SENSE OF THE CONGRESS; HAMILTON GRANGE, NEW YORK.

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

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designed by New York architect John McComb, Jr., and was
built in upper Manhattan in 1803;
(5) the New York State Assembly enacted a law in 1908
authorizing New York City to acquire the Grange and move
it to nearby St. Nicholas Park, part of the original Hamilton
estate, but no action was taken;
(6) in 1962, the National Park Service took over management of the Grange, by then wedged on Convent Avenue within
inches between an apartment house on the north side and
a church on the south side;
(7) the 1962 designation of the Grange as a national memorial was contingent on the acquisition by the National Park
Service of a site to which the building could be relocated;
(8) the New York State legislature enacted a law in 1998
that granted approval for New York City to transfer land
in St. Nicholas Park to the National Park Service, causing
renovations to the Grange to be postponed; and
(9) no obelisk, monument, or classical temple along the
national mall has been constructed to honor the man who
more than any other designed the Government of the United
States, Hamilton should at least be remembered by restoring
his home in a sylvan setting.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Alexander Hamilton made an immense contribution
to the United States by serving as a principal drafter of the
Constitution; and
(2) the National Park Service should expeditiously—
(A) proceed to relocate the Grange to St. Nicholas
Park; and
(B) restore the Grange to a state befitting the memory
of Alexander Hamilton.
SEC. 777. FINANCIAL ASSISTANCE FOR LAND ACQUISITION FOR
FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS
NATIONAL HISTORIC SITE.

(a) IN GENERAL.—Section 4 of the Fallen Timbers Battlefield
and Fort Miamis National Historic Site Act of 1999 (Public Law
106–164; 16 U.S.C. 461 note) is amended by adding at the end
the following:
‘‘(d) LAND ACQUISITION ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary may provide financial
assistance to the management entity for acquiring lands or
interests in lands within the boundaries of the historic site
under subsection (b).
‘‘(2) COST SHARING.—Financial assistance under this subsection may not be used to pay more than 50 percent of the
cost of any acquisition made with the assistance.
‘‘(3) CONDITION.—The Secretary shall require, as a condition of any assistance under this subsection, that any interest
in land acquired with assistance under this subsection shall
be included in and managed as part of the historic site.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 6 of such Act
is amended by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘There is
authorized’’, and by adding at the end the following:
‘‘(b) LAND ACQUISITION ASSISTANCE.—There is authorized to
be appropriated $2,500,000 to carry out section 4(d).’’.

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TITLE VIII
NATURAL DISASTER ASSISTANCE AND OTHER EMERGENCY
APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
OFFICE

OF THE

CHIEF INFORMATION OFFICER

COMMON COMPUTING ENVIRONMENT

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

TRANSFER OF FUNDS)

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

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

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

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114 STAT. 1549A–48

PUBLIC LAW 106–387—APPENDIX

to remain available until expended: Provided, That the entire
amount shall be available only to the extent an official budget
request for $80,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
FEDERAL CROP INSURANCE CORPORATION FUND
For an additional amount for the Federal Crop Insurance Corporation Fund, up to $13,000,000, to provide premium discounts
to purchasers of crop insurance reinsured by the Corporation (except
for catastrophic risk protection coverage), as authorized under section 1102(g)(2) of the Agriculture, Rural Development, Food and
Drug Administration and Related Agencies Appropriations Act,
1999 (Public Law 105–277): Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ‘‘Watershed and Flood Prevention
Operations’’, to repair damages to the waterways and watersheds,
including the purchase of floodplain easements, resulting from natural disasters, $110,000,000, to remain available until expended:
Provided, That of the amount made available in this section, the
Secretary may use up to $2,000,000 to replace, repair and improve
snow telemetry equipment impacted by fire, winds, and fire fighting
efforts in order to protect watersheds: Provided further, That the
entire amount shall be available only to the extent an official
budget request for $110,000,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
RURAL COMMUNITY ADVANCEMENT PROGRAM
For an additional amount for the Rural Community Advancement Program, $200,000,000, to remain available until expended:
Provided, That of the additional amount appropriated, $50,000,000
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression: Provided
further, That of the additional amount appropriated, $30,000,000
shall be to provide grants in rural communities with extremely
high energy costs: Provided further, That of the additional amount
appropriated, $50,000,000 shall be for rural community programs
described in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d), of which $25,000,000 shall be
to provide assistance to areas in the State of North Carolina subject

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–49

to a declaration of a major disaster as a result of Hurricane Floyd,
Hurricane Dennis, or Hurricane Irene: Provided further, That of
the additional amount appropriated, $70,000,000 shall be for the
cost of direct loans and grants of the rural utilities programs
described in section 381E(d)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d) for distribution through the
national reserve, of which $30,000,000 may be used in counties
which have received an emergency designation by the President
or the Secretary after January 1, 2001, for applications responding
to water shortages resulting from the designated emergency: Provided further, That the entire amount necessary to carry out this
section shall be available only to the extent that an official budget
request for $200,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
GENERAL PROVISIONS—THIS TITLE
SEC. 801. Notwithstanding section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i), an additional $35,000,000,
to remain available until expended, shall be provided through the
Commodity Credit Corporation for technical assistance activities
performed by any agency of the Department of Agriculture in carrying out the Conservation Reserve Program and the Wetlands
Reserve Program funded by the Commodity Credit Corporation:
Provided, That the entire amount shall be available only to the
extent an official budget request for $35,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 802. The paragraph under the heading ‘‘Livestock Assistance’’ in chapter 1, title I of H.R. 3425 of the 106th Congress,
enacted by section 1000(a)(5) of Public Law 106–113 (113 Stat.
1536) is amended by striking ‘‘during 1999’’ and inserting ‘‘from
January 1, 1999, through February 7, 2000’’: Provided, That the
entire amount necessary to carry out this section shall be available
only to the extent that an official budget request for the entire
amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 803. Hereafter, for the purposes of the Livestock Indemnity
Program authorized in Public Law 105–18, the term ‘‘livestock’’
shall have the same meaning as the term ‘‘livestock’’ under section
104 of Public Law 106–31.
SEC. 804. Notwithstanding any other provision of law, the
Secretary of Agriculture may use the funds, facilities and authorities

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PUBLIC LAW 106–387—APPENDIX

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–51

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

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PUBLIC LAW 106–387—APPENDIX

SEC. 808. Notwithstanding section 1237(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3837(b)(1)), the Secretary of Agriculture
may permit the enrollment of not to exceed 1,075,000 acres in
the Wetlands Reserve Program: Provided, That notwithstanding
section 11 of the Commodity Credit Corporation Charter Act (15
U.S.C. 714i), such sums as may be necessary, to remain available
until expended, shall be provided through the Commodity Credit
Corporation for technical assistance activities performed by any
agency of the Department of Agriculture in carrying out this section:
Provided further, That the entire amount necessary to carry out
this section shall be available only to the extent that an official
budget request for the entire amount, that includes designation
of the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
SEC. 809. In addition to other compensation paid by the Secretary of Agriculture, the Secretary shall compensate, for economic
losses not otherwise compensated, or otherwise seek to make whole,
from funds of the Commodity Credit Corporation, not to exceed
$2,400,000, the owners of all sheep destroyed from flocks within
the period ending 20 days after the date of enactment of this
Act under the Secretary’s declarations of July 14, 2000, for lost
income, or other business interruption losses, due to actions of
the Secretary with respect to such sheep: Provided, That the entire
amount necessary to carry out this section shall be available only
to the extent that an official budget request for the entire amount,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 810. (a) The Secretary of Agriculture shall pay Florida
commercial citrus and lime growers $26 for each commercial citrus
or lime tree removed to control citrus canker in order to allow
for tree replacement and associated business costs. Payments under
this subsection shall be capped in accordance with the following
trees per acre limitations:
(1) in the case of grapefruit, 104 trees per acre;
(2) in the case of valencias, 123 trees per acre;
(3) in the case of navels, 118 trees per acre;
(4) in the case of tangelos, 114 trees per acre;
(5) in the case of limes, 154 trees per acre; and
(6) in the case of other or mixed citrus, 104 trees per
acre.
(b) The Secretary of Agriculture shall compensate Florida
commercial citrus and lime growers for lost production, as determined by the Secretary of Agriculture, with respect to trees removed
to control citrus canker.
(c) To receive assistance under this section, a tree referred
to in subsection (a) or (b) must have been removed after January
1, 1986, and before September 30, 2001.

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–53

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

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PUBLIC LAW 106–387—APPENDIX

Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
SEC. 812. (a) NONRECOURSE MARKETING ASSISTANCE LOANS.—
(1) The Secretary shall use funds of the Commodity Credit
Corporation to make nonrecourse marketing assistance loans
available to producers of the 2000 crop of honey.
(2) The loan rate for a marketing assistance loan under
paragraph (1) for honey shall be 65 cents per pound.
(3) The Secretary shall permit producers to repay a marketing assistance nonrecourse loan under paragraph (1) at a rate
that is the lesser of—
(A) the loan rate for honey, plus interest (as determined
by the Secretary); or
(B) the prevailing domestic market price for honey,
as determined by the Secretary.
(b) LOAN DEFICIENCY PAYMENTS.—
(1) The Secretary may make loan deficiency payments
available to any producer of honey that, although eligible to
obtain a marketing assistance loan under subsection (a), agrees
to forgo obtaining the loan in return for a payment under
this subsection.
(2) A loan deficiency payment under this subsection shall
be determined by multiplying—
(A) the loan payment rate determined under paragraph
(3); by
(B) the quantity of honey that the producer is eligible
to place under loan, but for which the producer forgoes
obtaining the loan in return for a payment under this
subsection.
(3) For the purposes of this subsection, the loan payment
rate shall be the amount by which—
(A) the loan rate established under subsection (a)(2);
exceeds
(B) the rate at which a loan may be repaid under
subsection (a)(3).
(c) In order to provide an orderly transition to the loans and
payments provided under this section, the Secretary shall convert
recourse loans for the 2000 crop of honey outstanding on the date
of enactment of this Act to nonrecourse marketing assistance loans
under subsection (a).
(d) LIMITATIONS.—
(1) The marketing assistance loan gains and loan deficiency
payments that a person may receive for the 2000 crop of honey
under this section shall be subject to the same limitations
that apply to marketing assistance loans and loan deficiency
payments received by producers of the same crop of other
agricultural commodities.
(2) The Secretary shall carry out this section in such a
manner as to minimize forfeitures of honey marketing assistance loans.
(e) The Secretary shall make loans and loan deficiency payments under this section available to producers beginning not later
than 30 days after the date of enactment of this Act.
(f ) In the case of a producer that marketed or redeemed,
before, on, or within 30 days after the date of the enactment
of this Act, a quantity of an eligible 2000 crop for which the

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114 STAT. 1549A–55

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

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PUBLIC LAW 106–387—APPENDIX

loss thresholds for quantity and economic losses as were used
in administering that section.
(2) LOSS THRESHOLDS FOR QUALITY LOSSES.—In the case
of a payment for quality loss for a crop under subsection (c)(2),
the loss thresholds for quality loss for the crop shall be determined under subsection (d).
(c) QUALIFYING LOSSES.—Assistance under this section may
be made available for losses due to damaging weather or related
condition (including losses due to crop diseases and insects) associated with crops that are, as determined by the Secretary—
(1) quantity losses for the 2000 crop;
(2) quality losses for the 2000 crop; or
(3) severe economic losses for the 2000 crop.
(d) QUALITY LOSSES.—
(1) AMOUNT OF QUALITY LOSS.—The amount of a quality
loss for a crop of producers on a farm under subsection (c)(2)
shall be equal to the difference between—
(A) the per unit market value of the units of the
crop affected by the quality loss would have had if the
crop had not suffered a quality loss; and
(B) the per unit market value of the units of the
crop affected by the quality loss.
(2) AMOUNT OF QUALITY LOSS PAYMENT.—Subject to paragraph (3), the amount of a payment made to producers on
a farm for a quality loss for a crop under subsection (c)(2)
shall be equal to the amount obtained by multiplying—
(A) 65 percent of the quantity of the crop affected
by the quality loss that was produced on the farm; by
(B) 65 percent of the per unit quality loss for the
crop determined under paragraph (1).
(3) ELIGIBILITY.—For producers on a farm to be eligible
to obtain a payment for a quality loss for a crop under subsection (c)(2), the amount obtained by multiplying the per unit
loss determined under paragraph (1) by the number of units
affected by the quality loss shall be at least 20 percent of
the value that all production of the crop would have had if
the crop had not suffered a quality loss.
(e) CROPS COVERED.—Assistance under this section shall be
applicable to losses for all crops, as determined by the Secretary,
due to disasters, including—
(1) irrigated crops that, due to lack of water or contamination by saltwater intrusion of an irrigation supply resulting
from drought conditions, were planted and suffered a loss or
were prevented from being planted;
(2) pecans; and
(3) nursery losses in the State of Florida that occur, because
of disaster, during the period beginning on October 1, 2000,
and ending on December 31, 2000. Calculations of the amount
of such losses shall be made independently of other losses
of the producer, and such losses shall be subject to a separate
limit on payment amounts as may otherwise apply. Any payment under this section for such losses shall for all purposes,
present and future, be considered to be a 2000 crop payment,
and such compensated losses shall be ineligible for any assistance that may become available for 2001 crop losses.
(f ) CROP INSURANCE.—In carrying out this section, the Secretary shall not discriminate against or penalize producers on a

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–57

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

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PUBLIC LAW 106–387—APPENDIX

SEC. 817. Section 1232(a)(4) of the Food Security Act of 1985
(16 U.S.C. 3832(a)(4)) is amended—
(1) by striking ‘‘except that such’’ and inserting ‘‘except
that—
‘‘(A) such’’;
(2) by inserting ‘‘and’’ after the semicolon at the end; and
(3) by adding at the end the following:
‘‘(B) the Secretary shall not terminate the contract
for failure to establish approved vegetative or water cover
on the land if—
‘‘(i) the failure to plant such cover was due to
excessive rainfall or flooding;
‘‘(ii) the land subject to the contract that could
practicably be planted to such cover is planted to such
cover; and
‘‘(iii) the land on which the owner or operator
was unable to plant such cover is planted to such
cover after the wet conditions that prevented the planting subsides;’’.
SEC. 818. (a) Section 353(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2001(e)) is amended by adding
at the end the following:
‘‘(7) FINANCING OF RECAPTURE PAYMENT.—
‘‘(A) IN GENERAL.—The Secretary may amortize a
recapture payment owed to the Secretary under this subsection.
‘‘(B) TERM.—The term of an amortization under this
paragraph may not exceed 25 years.
‘‘(C) INTEREST RATE.—
‘‘(i) IN GENERAL.—The interest rate applicable to
an amortization under this paragraph may not exceed
the rate applicable to a loan to reacquire homestead
property less 100 basis points.
‘‘(ii) EXISTING AMORTIZATIONS AND LOANS.—The
interest rate applicable to an amortization or loan
made by the Secretary before the date of enactment
of this paragraph to finance a recapture payment owed
to the Secretary under this subsection may not exceed
the rate applicable to a loan to reacquire homestead
property less 100 basis points.’’.
(b) The entire amount necessary to carry out this section shall
be available only to the extent that an official budget request
for the entire amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
SEC. 819. The Secretary of Agriculture shall use up to
$2,500,000 of the funds of the Commodity Credit Corporation to
provide financial assistance to the State of South Carolina to
capitalize the South Carolina Grain Dealers Guaranty Fund: Provided, That these funds shall only be available if the State of
South Carolina provides an equal amount in the form of a grant
to the South Carolina Grain Dealers Guaranty Fund: Provided
further, That the entire amount necessary to carry out this section

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114 STAT. 1549A–59

shall be available only to the extent that an official budget request
for the entire amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
SEC. 820. (a) The Secretary of Agriculture may use funds made
available under sections 211(a) and 211(b), and 133(b) of the Agricultural Risk Protection Act of 2000 to provide technical assistance
to farmers and ranchers for the purposes described in sections
211(a) and 211(b), and 133(b) of that Act; and
(b) The Secretary of Agriculture may use funds made available
under section 211(b) of the Agricultural Risk Protection Act of
2000 (16 U.S.C. 3830 note; Public Law 106–224) to provide additional funding for the Wildlife Habitat Incentive Program established under section 387 of the Federal Agriculture Improvement
and Reform Act of 1996 in such sums as the Secretary considers
necessary to carry out that program.
(c) The entire amount necessary to carry out this section shall
be available only to the extent that an official budget request
for the entire amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
SEC. 821. Section 19(a)(1)(A) of the Food Stamp Act of 1977
(7 U.S.C. 2028(a)(1)(A)) is amended by striking ‘‘Puerto Rico’’ and
all that follows through ‘‘2002, to finance’’ and inserting ‘‘Puerto
Rico—
‘‘(i) for fiscal year 2000, $1,268,000,000;
‘‘(ii) for fiscal year 2001, the amount required to be paid
under clause (i) for fiscal year 2000, as adjusted by the change
in the Food at Home series of the Consumer Price Index for
All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor, for the most recent 12-month
period ending in June; and
‘‘(iii) for fiscal year 2002, the amount required to be paid
under clause (ii) for fiscal year 2001, as adjusted by the percentage by which the thrifty food plan is adjusted for fiscal year
2002 under section 3(o)(4);
to finance’’.
SEC. 822. Notwithstanding any other provision of law, the
Secretary of Agriculture shall make a payment in the amount
$7,200,000 to the State of Hawaii from the Commodity Credit
Corporation for assistance to an agricultural transportation cooperative in Hawaii, the members of which are eligible to participate
in the Farm Service Agency administered Commodity Loan Program
and have suffered extraordinary market losses due to unprecedented
low prices: Provided, That the entire amount shall be available
only to the extent an official budget request for $7,200,000, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted

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PUBLIC LAW 106–387—APPENDIX

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–61

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

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‘‘(II) the farmer uses the loan to rebuild the
chicken house in accordance with current industry
standards;
‘‘(III) the farmer obtains, for the term of the
loan, hazard insurance for the full market value
of the chicken house; and
‘‘(IV) the farmer meets the other requirements
for the loan under this subtitle.
‘‘(ii) AMOUNT.—Subject to the limitation contained
in section 324(a)(2), the amount of a loan made to
a poultry farmer under clause (i) shall be the difference
between—
‘‘(I) the amount of the hazard insurance
obtained by the farmer; and
‘‘(II) the cost of rebuilding the chicken house
in accordance with current industry standards.’’.
SEC. 834. For an additional amount for grants under sections
231(a) and 261(a)(2) of the Agricultural Risk Protection Act of
2000, $10,000,000: Provided, That the entire amount shall be available only to the extent an official budget request for $10,000,000,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
SEC. 835. For an additional amount for the cost (as defined
in section 502 of the Congressional Budget Act of 1974) of guaranteed loans under section 310B(a)(1) of the Consolidated Farm and
Rural Development Act, $10,000,000: Provided, That the entire
amount shall be available only to the extent an official budget
request for $10,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
SEC. 836. Section 156(e) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(e)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘recourse’’ each place that it appears
and inserting ‘‘nonrecourse’’; and
(B) by striking ‘‘Subject to paragraph (2), the’’ and
inserting ‘‘The’’;
(2) by striking paragraph (2);
(3) by re-designating paragraph (3) as paragraph (2);
and
(4) in paragraph (2) as so re-designated, by striking
‘‘If ’’ through ‘‘shall’’ in the first sentence and inserting
‘‘The Secretary shall’’.
SEC. 837. Notwithstanding section 1001(2) of the Food Security
Act of 1985 (7 U.S.C. 1308 (1)), the total amount of the payments
specified in section 1001(3) of that Act or section 812 of this Act
that a person shall be entitled to receive under the Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.) for one or more
contract commodities, oilseeds and for honey under section 812

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114 STAT. 1549A–63

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

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That the Secretary shall make a payment to an eligible person
described in this section in the same amount as is payable to
an eligible person under section 204 of that Act: Provided further,
That the entire amount necessary to carry out this section shall
be available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
SEC. 842. Payments made from amounts appropriated pursuant
to this title shall not be subject to administrative offset, including
administrative offset under chapter 37 of title 31, United States
Code.
SEC. 843. The Secretary of Agriculture shall use not more
than $20,000,000 of funds of the Commodity Credit Corporation
to make payments to producers of tomatoes, pears, peaches, and
apricots that were unable to market the crops of the producers
because of the insolvency of an agriculture cooperative in the State
of California: Provided, That the amount of a payment made to
a producer under this subsection shall not exceed 50 percent of
the contract value of the unmarketed crop referred to in this section:
Provided further, That the entire amount necessary to carry out
this section shall be available only to the extent an official budget
request that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 844. LOAN FORFEITURES OF BURLEY TOBACCO.

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

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(1) The entire amount necessary to carry out this section
shall be available only to the extent that an official budget
request for the entire amount, that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
(2) The entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
SEC. 845. COMMODITY ELIGIBILITY ASSISTANCE.

(a) IN GENERAL.—Section 3720B(a) of title 31, United States
Code, is amended in the first sentence by inserting ‘‘or a marketing
assistance loan or loan deficiency payment under subtitle C of
the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)’’
after ‘‘disaster loan’’.
(b) PAYMENTS.—Any payment made by the Commodity Credit
Corporation to a producer as a result of the amendment made
by section (a) shall be credited toward any delinquent debt owed
by the producer to the Farm Service Agency.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by subsection (a)
takes effect on the date of enactment of this Act.
(2) TRANSITION LOAN DEFICIENCY PAYMENTS.—If the producers on a farm lost beneficial interest in a crop during the
period beginning March 21, 2000, and ending on the day before
the date of enactment of this Act and were ineligible for a
marketing assistance loan under subtitle C of the Agricultural
Market Transition Act (7 U.S.C. 7231 et seq.) because of section
3720B(a) of title 31, United States Code, as in effect before
the amendment made by subsection (a), the producers shall
be eligible for any loan deficiency payment under subtitle C
of that Act that was available on the date on which the producers lost beneficial interest in the crop.
(d)(1) The entire amount necessary to carry out this section
shall be available only to the extent an official budget request
for the entire amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
(2) The entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 846. MAXIMUM AMOUNT OF EXCESS SHELTER EXPENSE DEDUCTION.

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

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PUBLIC LAW 106–387—APPENDIX

period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department
of Labor.’’.
(b) EFFECTIVE DATE; APPLICATION OF AMENDMENT.—(1) Except
as provided in paragraph (2), the amendment made by this section
shall take effect on March 1, 2001.
(2) The amendment made by this section shall not apply with
respect to certification periods beginning before March 1, 2001.
(c)(1) The entire amount necessary to carry out this section
shall be available only to the extent an official budget request
for the entire amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
(2) The entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.
SEC. 847. VEHICLE ALLOWANCE.

(a) IN GENERAL.—Section 5(g)(2) of the Food Stamp Act of
1977 (7 U.S.C. 2014(g)(2)) is amended—
(1) in subparagraph (B)(iv)—
(A) by striking ‘‘subparagraph (C)’’ and inserting ‘‘subparagraphs (C) and (D)’’; and
(B) by striking ‘‘to the extent that’’ and all that follows
through the end of the clause and inserting ‘‘to the extent
that the fair market value of the vehicle exceeds $4,650;
and’’; and
(2) by adding at the end the following:
‘‘(D) ALTERNATIVE VEHICLE ALLOWANCE.—If the vehicle
allowance standards that a State agency uses to determine
eligibility for assistance under the State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) would result in a lower attribution
of resources to certain households than under subparagraph
(B)(iv), in lieu of applying subparagraph (B)(iv), the State
agency may elect to apply the State vehicle allowance
standards to all households that would incur a lower
attribution of resources under the State vehicle allowance
standards.’’.
(b) EFFECTIVE DATE; APPLICATION OF AMENDMENTS.—(1) Except
as provided in paragraph (2), the amendments made by this section
shall take effect on July 1, 2001.
(2) The amendments made by this section shall not apply
with respect to certification periods beginning before July 1, 2001.
(c)(1) The entire amount necessary to carry out this section
shall be available only to the extent an official budget request
for the entire amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
(2) The entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

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114 STAT. 1549A–67

TITLE IX—TRADE SANCTIONS REFORM AND EXPORT
ENHANCEMENT
SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Trade Sanctions Reform and
Export Enhancement Act of 2000’’.
SEC. 902. DEFINITIONS.

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

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PUBLIC LAW 106–387—APPENDIX

or condition on carrying out an agricultural program with
respect to a foreign country or foreign entity that is imposed
by the United States for reasons of foreign policy or national
security, except in a case in which the United States imposes
the measure pursuant to—
(A) a multilateral regime and the other member countries of that regime have agreed to impose substantially
equivalent measures; or
(B) a mandatory decision of the United Nations Security Council.
(7) UNILATERAL MEDICAL SANCTION.—The term ‘‘unilateral
medical sanction’’ means any prohibition, restriction, or condition on exports of, or the provision of assistance consisting
of, medicine or a medical device with respect to a foreign
country or foreign entity that is imposed by the United States
for reasons of foreign policy or national security, except in
a case in which the United States imposes the measure pursuant to—
(A) a multilateral regime and the other member countries of that regime have agreed to impose substantially
equivalent measures; or
(B) a mandatory decision of the United Nations Security Council.
SEC. 903. RESTRICTION.

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

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

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114 STAT. 1549A–69

(D) where imminent involvement by the Armed Forces
of the United States in hostilities against the country or
entity is clearly indicated by the circumstances; or
(2) to the extent that the sanction would prohibit, restrict,
or condition the provision or use of any agricultural commodity,
medicine, or medical device that is—
(A) controlled on the United States Munitions List
established under section 38 of the Arms Export Control
Act (22 U.S.C. 2778);
(B) controlled on any control list established under
the Export Administration Act of 1979 or any successor
statute (50 U.S.C. App. 2401 et seq.); or
(C) used to facilitate the development or production
of a chemical or biological weapon or weapon of mass
destruction.
SEC. 905. TERMINATION OF SANCTIONS.

Any unilateral agricultural sanction or unilateral medical sanction that is imposed pursuant to the procedures described in section
903(a) shall terminate not later than 2 years after the date on
which the sanction became effective unless—
(1) not later than 60 days before the date of termination
of the sanction, the President submits to Congress a report
containing—
(A) the recommendation of the President for the
continuation of the sanction for an additional period of
not to exceed 2 years; and
(B) the request of the President for approval by Congress of the recommendation; and
(2) there is enacted into law a joint resolution stating
the approval of Congress for the report submitted under paragraph (1).
SEC. 906. STATE SPONSORS OF INTERNATIONAL TERRORISM.

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

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devices to the Government of Syria or to the Government
of North Korea.
(b) QUARTERLY REPORTS.—The applicable department or agency
of the Federal Government shall submit to the appropriate congressional committees on a quarterly basis a report on any activities
undertaken under subsection (a)(1) during the preceding calendar
quarter.
(c) BIENNIAL REPORTS.—Not later than 2 years after the date
of enactment of this Act, and every 2 years thereafter, the applicable
department or agency of the Federal Government shall submit
a report to the appropriate congressional committees on the operation of the licensing system under this section for the preceding
2-year period, including—
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) the average amount of time elapsed from the date
of filing of a license application until the date of its approval;
(4) the extent to which the licensing procedures were effectively implemented; and
(5) a description of comments received from interested parties about the extent to which the licensing procedures were
effective, after the applicable department or agency holds a
public 30-day comment period.
SEC. 907. CONGRESSIONAL PROCEDURES.

(a) REFERRAL OF REPORT.—A report described in section
903(a)(1) or 905(1) shall be referred to the appropriate committee
or committees of the House of Representatives and to the appropriate committee or committees of the Senate.
(b) REFERRAL OF JOINT RESOLUTION.—
(1) IN GENERAL.—A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations,
and a joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations.
(2) REPORTING DATE.—A joint resolution referred to in paragraph (1) may not be reported before the eighth session day
of Congress after the introduction of the joint resolution.
SEC. 908. PROHIBITION ON UNITED STATES ASSISTANCE AND FINANCING.

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

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114 STAT. 1549A–71

the national security interest of the United States to do so,
or for humanitarian reasons.
(b) PROHIBITION ON FINANCING OF AGRICULTURAL SALES TO
CUBA.—
(1) IN GENERAL.—No United States person may provide
payment or financing terms for sales of agricultural commodities or products to Cuba or any person in Cuba, except in
accordance with the following terms (notwithstanding part 515
of title 31, Code of Federal Regulations, or any other provision
of law):
(A) Payment of cash in advance.
(B) Financing by third country financial institutions
(excluding United States persons or Government of Cuba
entities), except that such financing may be confirmed or
advised by a United States financial institution.
Nothing in this paragraph authorizes payment terms or trade
financing involving a debit or credit to an account of a person
located in Cuba or of the Government of Cuba maintained
on the books of a United States depository institution.
(2) PENALTIES.—Any private person or entity that violates
paragraph (1) shall be subject to the penalties provided in
the Trading With the Enemy Act for violations under that
Act.
(3) ADMINISTRATION AND ENFORCEMENT.—The President
shall issue such regulations as are necessary to carry out this
section, except that the President, in lieu of issuing new regulations, may apply any regulations in effect on the date of the
enactment of this Act, pursuant to the Trading With the Enemy
Act, with respect to the conduct prohibited in paragraph (1).
(4) DEFINITIONS.—In this subsection—
(A) the term ‘‘financing ’’ includes any loan or extension
of credit;
(B) the term ‘‘United States depository institution’’
means any entity (including its foreign branches or subsidiaries) organized under the laws of any jurisdiction within
the United States, or any agency, office or branch located
in the United States of a foreign entity, that is engaged
primarily in the business of banking (including a bank,
savings bank, savings association, credit union, trust company, or United States bank holding company); and
(C) the term ‘‘United States person’’ means the Federal
Government, any State or local government, or any private
person or entity of the United States.
SEC. 909. PROHIBITION ON ADDITIONAL IMPORTS FROM CUBA.

Nothing in this title shall be construed to alter, modify, or
otherwise affect the provisions of section 515.204 of title 31, Code
of Federal Regulations, relating to the prohibition on the entry
into the United States of merchandise that: (1) is of Cuban origin;
(2) is or has been located in or transported from or through Cuba;
or (3) is made or derived in whole or in part of any article which
is the growth, produce, or manufacture of Cuba.
SEC. 910. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED
TRANSACTIONS WITH CUBA.
OF

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(a) AUTHORIZATION OF TRAVEL RELATING TO COMMERCIAL SALE
AGRICULTURAL COMMODITIES.—The Secretary of the Treasury

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shall promulgate regulations under which the travel-related transactions listed in subsection (c) of section 515.560 of title 31, Code
of Federal Regulations, may be authorized on a case-by-case basis
by a specific license for travel to, from, or within Cuba for the
commercial export sale of agricultural commodities pursuant to
the provisions of this title.
(b) PROHIBITION ON TRAVEL RELATING TO TOURIST ACTIVITIES.—
(1) IN GENERAL.—Notwithstanding any other provision of
law or regulation, the Secretary of the Treasury, or any other
Federal official, may not authorize the travel-related transactions listed in subsection (c) of section 515.560 of title 31,
Code of Federal Regulations, either by a general license or
on a case-by-case basis by a specific license for travel to, from,
or within Cuba for tourist activities.
(2) DEFINITION.—In this subsection, the term ‘‘tourist activities’’ means any activity with respect to travel to, from, or
within Cuba that is not expressly authorized in subsection
(a) of this section, in any of paragraphs (1) through (12) of
section 515.560 of title 31, Code of Federal Regulations, or
in any section referred to in any of such paragraphs (1) through
(12) (as such sections were in effect on June 1, 2000).
SEC. 911. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this
title shall take effect on the date of enactment of this Act, and
shall apply thereafter in any fiscal year.
(b) EXISTING SANCTIONS.—In the case of any unilateral agricultural sanction or unilateral medical sanction that is in effect as
of the date of enactment of this Act, this title shall take effect
120 days after the date of enactment of this Act, and shall apply
thereafter in any fiscal year.
TITLE X—CONTINUED DUMPING AND SUBSIDY OFFSET
SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Continued Dumping and Subsidy
Offset Act of 2000’’.
SEC. 1002. FINDINGS OF CONGRESS.

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

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114 STAT. 1549A–73

down accumulated debt, to obtain working capital, or to otherwise remain viable.
(5) United States trade laws should be strengthened to
see that the remedial purpose of those laws is achieved.
SEC. 1003. AMENDMENTS TO THE TARIFF ACT OF 1930.

(a) IN GENERAL.—Title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) is amended by inserting after section 753 the following
new section:
‘‘SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.

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

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‘‘(A) the company, business, or person directly or
indirectly controls or is controlled by the other company,
business, or person,
‘‘(B) a third party directly or indirectly controls both
companies, businesses, or persons,
‘‘(C) both companies, businesses, or persons directly
or indirectly control a third party and there is reason
to believe that the relationship causes the first company,
business, or persons to act differently than a nonrelated
party.
For purposes of this paragraph, a party shall be considered
to directly or indirectly control another party if the party is
legally or operationally in a position to exercise restraint or
direction over the other party.
‘‘(c) DISTRIBUTION PROCEDURES.—The Commissioner shall prescribe procedures for distribution of the continued dumping or subsidies offset required by this section. Such distribution shall be
made not later than 60 days after the first day of a fiscal year
from duties assessed during the preceding fiscal year.
‘‘(d) PARTIES ELIGIBLE FOR DISTRIBUTION OF ANTIDUMPING AND
COUNTERVAILING DUTIES ASSESSED.—
‘‘(1) LIST OF AFFECTED DOMESTIC PRODUCERS.—The
Commission shall forward to the Commissioner within 60 days
after the effective date of this section in the case of orders
or findings in effect on January 1, 1999, or thereafter, or
in any other case, within 60 days after the date an antidumping
or countervailing duty order or finding is issued, a list of
petitioners and persons with respect to each order and finding
and a list of persons that indicate support of the petition
by letter or through questionnaire response. In those cases
in which a determination of injury was not required or the
Commission’s records do not permit an identification of those
in support of a petition, the Commission shall consult with
the administering authority to determine the identity of the
petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section 751.
‘‘(2) PUBLICATION OF LIST; CERTIFICATION.—The Commissioner shall publish in the Federal Register at least 30 days
before the distribution of a continued dumping and subsidy
offset, a notice of intention to distribute the offset and the
list of affected domestic producers potentially eligible for the
distribution based on the list obtained from the Commission
under paragraph (1). The Commissioner shall request a certification from each potentially eligible affected domestic
producer—
‘‘(A) that the producer desires to receive a distribution;
‘‘(B) that the producer is eligible to receive the distribution as an affected domestic producer; and
‘‘(C) the qualifying expenditures incurred by the producer since the issuance of the order or finding for which
distribution under this section has not previously been
made.
‘‘(3) DISTRIBUTION OF FUNDS.—The Commissioner shall
distribute all funds (including all interest earned on the funds)
from assessed duties received in the preceding fiscal year to
affected domestic producers based on the certifications

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described in paragraph (2). The distributions shall be made
on a pro rata basis based on new and remaining qualifying
expenditures.
‘‘(e) SPECIAL ACCOUNTS.—
‘‘(1) ESTABLISHMENTS.—Within 14 days after the effective
date of this section, with respect to antidumping duty orders
and findings and countervailing duty orders notified under
subsection (d)(1), and within 14 days after the date an antidumping duty order or finding or countervailing duty order
issued after the effective date takes effect, the Commissioner
shall establish in the Treasury of the United States a special
account with respect to each such order or finding.
‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commissioner shall
deposit into the special accounts, all antidumping or countervailing duties (including interest earned on such duties) that
are assessed after the effective date of this section under the
antidumping order or finding or the countervailing duty order
with respect to which the account was established.
‘‘(3) TIME AND MANNER OF DISTRIBUTIONS.—Consistent with
the requirements of subsections (c) and (d), the Commissioner
shall by regulation prescribe the time and manner in which
distribution of the funds in a special account shall be made.
‘‘(4) TERMINATION.—A special account shall terminate
after—
‘‘(A) the order or finding with respect to which the
account was established has terminated;
‘‘(B) all entries relating to the order or finding are
liquidated and duties assessed collected;
‘‘(C) the Commissioner has provided notice and a final
opportunity to obtain distribution pursuant to subsection
(c); and
‘‘(D) 90 days has elapsed from the date of the notice
described in subparagraph (C).
Amounts not claimed within 90 days of the date of the notice
described in subparagraph (C), shall be deposited into the general fund of the Treasury.’’.
(b) CONFORMING AMENDMENT.—The table of contents for title
VII of the Tariff Act of 1930 is amended by inserting the following
new item after the item relating to section 753:
‘‘Sec. 754. Continued dumping and subsidy offset.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to all antidumping and countervailing
duty assessments made on or after October 1, 2000.
TITLE XI—CONSERVATION OF FARMABLE WETLAND
SEC. 1101. SHORT TITLE.

This title may be cited as the ‘‘Conservation of Farmable Wetland Act of 2000’’.
SEC. 1102. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND
BUFFER ACREAGE IN CONSERVATION RESERVE.

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

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‘‘(h) PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND
BUFFER ACREAGE IN CONSERVATION RESERVE.—
‘‘(1) IN GENERAL.—During the 2001 and 2002 calendar
years, the Secretary shall carry out a pilot program in the
States of Iowa, Minnesota, Montana, Nebraska, North Dakota,
and South Dakota under which the Secretary shall include
eligible acreage described in paragraph (3) in the program
established under this subchapter.
‘‘(2) PARTICIPATION AMONG STATES.—The Secretary shall
ensure, to the maximum extent practicable, that owners and
operators in each of the States referred to in paragraph (1)
have an equitable opportunity to participate in the pilot program established under this subsection.
‘‘(3) ELIGIBLE ACREAGE.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B)
through (D), an owner or operator may enroll in the conservation reserve under this subsection—
‘‘(i) a wetland (including a converted wetland
described in section 1222(b)(1)(A)) that was cropped
during at least three of the immediately preceding
10 crop years; and
‘‘(ii) buffer acreage that—
‘‘(I) is contiguous to the wetland described in
clause (i);
‘‘(II) is used to protect the wetland; and
‘‘(III) is of such width as the Secretary determines is necessary to protect the wetland, taking
into consideration and accommodating the farming
practices (including the straightening of boundaries to accommodate machinery) used with
respect to the cropland that surrounds the wetland.
‘‘(B) EXCLUSIONS.—An owner or operator may not
enroll in the conservation reserve under this subsection—
‘‘(i) any wetland, or land on a floodplain, that
is, or is adjacent to, a perennial riverine system wetland identified on the final national wetland inventory
map of the Secretary of the Interior; or
‘‘(ii) in the case of an area that is not covered
by the final national inventory map, any wetland, or
land on a floodplain, that is adjacent to a perennial
stream identified on a 1-24,000 scale map of the United
States Geological Survey.
‘‘(C) PROGRAM LIMITATIONS.—
‘‘(i) IN GENERAL.—The Secretary may enroll in the
conservation reserve under this subsection—
‘‘(I) not more than 500,000 acres in all States
referred to in paragraph (1); and
‘‘(II) not more than 150,000 acres in any one
State referred to in paragraph (1).
‘‘(ii) RELATIONSHIP TO PROGRAM MAXIMUM.—Subject to clause (iii), for the purposes of subsection (d),
any acreage enrolled in the conservation reserve under
this subsection shall be considered acres maintained
in the conservation reserve.

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–77

‘‘(iii) RELATIONSHIP TO OTHER ENROLLED ACREAGE.—Acreage enrolled under this subsection shall not
affect for any fiscal year the quantity of—
‘‘(I) acreage enrolled to establish conservation
buffers as part of the program announced on
March 24, 1998 (63 Fed. Reg. 14109); or
‘‘(II) acreage enrolled into the conservation
reserve enhancement program announced on May
27, 1998 (63 Fed. Reg. 28965).
‘‘(D) OWNER OR OPERATOR LIMITATIONS.—
‘‘(i) WETLAND.—The maximum size of any wetland
described in subparagraph (A)(i) of an owner or operator enrolled in the conservation reserve under this
subsection shall be 5 contiguous acres.
‘‘(ii) BUFFER ACREAGE.—The maximum size of any
buffer acreage described in subparagraph (A)(ii) of an
owner or operator enrolled in the conservation reserve
under this subsection shall be the greater of—
‘‘(I) three times the size of any wetland
described in subparagraph (A)(i) to which the
buffer acreage is contiguous; or
‘‘(II) 150 feet on either side of the wetland.
‘‘(iii) TRACTS.—The maximum size of any eligible
acreage described in subparagraph (A) in a tract (as
determined by the Secretary) of an owner or operator
enrolled in the conservation reserve under this subsection shall be 40 acres.
‘‘(4) DUTIES OF OWNERS AND OPERATORS.—Under a contract
entered into under this subsection, during the term of the
contract, an owner or operator of a farm or ranch must agree—
‘‘(A) to restore the hydrology of the wetland within
the eligible acreage to the maximum extent practicable,
as determined by the Secretary;
‘‘(B) to establish vegetative cover on the eligible acreage, as determined by the Secretary; and
‘‘(C) to carry out other duties described in section 1232.
‘‘(5) DUTIES OF THE SECRETARY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), in return for a contract entered into
by an owner or operator under this subsection, the Secretary shall make payments and provide assistance to the
owner or operator in accordance with sections 1233 and
1234.
‘‘(B) CONTINUOUS SIGNUP.—The Secretary shall use
continuous signup under section 1234(c)(2)(B) to determine
the acceptability of contract offers and the amount of rental
payments under this subsection.
‘‘(C) INCENTIVES.—The amounts payable to owners and
operators in the form of rental payments under contracts
entered into under this subsection shall reflect incentives
that are provided to owners and operators to enroll
filterstrips in the conservation reserve under section 1234.’’.
SEC. 1103. INCIDENTAL GRAZING.

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

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PUBLIC LAW 106–387—APPENDIX

inserting ‘‘occurs—
‘‘(I) in the case of land other than eligible
acreage enrolled under section 1231(h), during ’’;
and
(2) by adding at the end the following:
‘‘(II) in the case of eligible acreage enrolled
under section 1231(h), at any time other than during the period beginning May 1 and ending August
1 of each year for a reduction in rental payment
commensurate with the limited economic value of
such incidental grazing; and’’.
SEC. 1104. STUDY OF IMPACT OF PILOT PROGRAM.

(a) IN GENERAL.—The Secretary of Agriculture shall conduct
a study of the impact of the pilot program established under section
1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) (as
added by section 1102(a)) on—
(1) enrollment of owners and operators in—
(A) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of title XII of
that Act (16 U.S.C. 3831 et seq.);
(B) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D of title XII of
that Act (16 U.S.C. 3837 et seq.); and
(C) other Federal and State conservation programs;
(2) types of environmentally sensitive acreage that have
not been enrolled in the wetlands reserve program; and
(3) conservation of soil, water, and related natural
resources, including grazing land, wetland, and wildlife habitat.
(b) REPORTS.—Not later than March 1, 2003, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report on the results of the study.
SEC. 1105. REGULATIONS.

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall promulgate
such regulations as are necessary to implement the amendments
made by this Act.
(b) PROCEDURE.—The promulgation of the regulations and
administration of the amendments made by this Act shall be made
without regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary shall use the authority provided
under section 808 of title 5, United States Code.

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–79

TITLE XII—HASS AVOCADO PROMOTION, RESEARCH, AND
INFORMATION
SEC. 1201. SHORT TITLE.

This title may be cited as the ‘‘Hass Avocado Promotion,
Research, and Information Act of 2000’’.
SEC. 1202. FINDINGS AND DECLARATION OF POLICY.

(a) FINDINGS.—Congress finds the following:
(1) Hass avocados are an integral food source in the United
States that are a valuable and healthy part of the human
diet and are enjoyed by millions of persons every year for
a multitude of everyday and special occasions.
(2) Hass avocados are a significant tree fruit crop grown
by many individual producers, but virtually all domestically
produced Hass avocados for the commercial market are grown
in the State of California.
(3) Hass avocados move in interstate and foreign commerce,
and Hass avocados that do not move in interstate or foreign
channels of commerce but only in intrastate commerce directly
affect interstate commerce in Hass avocados.
(4) In recent years, large quantities of Hass avocados have
been imported into the United States from other countries.
(5) The maintenance and expansion of markets in existence
on the date of enactment of this title, and the development
of new or improved markets or uses for Hass avocados are
needed to preserve and strengthen the economic viability of
the domestic Hass avocado industry for the benefit of producers
and other persons associated with the producing, marketing,
processing, and consuming of Hass avocados.
(6) An effective and coordinated program of promotion,
research, industry information, and consumer information
regarding Hass avocados is necessary for the maintenance,
expansion, and development of domestic markets for Hass
avocados.
(b) PURPOSE.—It is the purpose of this title to authorize the
establishment, through the exercise of the powers provided in this
title, of an orderly procedure for the development and financing
(through an adequate assessment on Hass avocados sold by producers and importers in the United States) of an effective and coordinated program of promotion, research, industry information, and
consumer information, including funds for marketing and market
research activities, that is designed to—
(1) strengthen the position of the Hass avocado industry
in the domestic marketplace; and
(2) maintain, develop, and expand markets and uses for
Hass avocados in the domestic marketplace.
(c) LIMITATION.—Nothing in this title may be construed to
provide for the control of production or otherwise limit the right
of any person to produce, handle, or import Hass avocados.
SEC. 1203. DEFINITIONS.

As used in this title:
(1) BOARD.—The terms ‘‘Avocado Board’’ and ‘‘Board’’ mean
the Hass Avocado Board established under section 1205.
(2) CONFLICT OF INTEREST.—The term ‘‘conflict of interest’’
means a situation in which a member or employee of the

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

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114 STAT. 1549A–81

(10) ORDER.—The term ‘‘order’’ means the Hass avocado
promotion, research, and information order issued under this
title.
(11) PERSON.—The term ‘‘person’’ means any individual,
group of individuals, firm, partnership, corporation, joint stock
company, association, cooperative, or other legal entity.
(12) PRODUCER.—The term ‘‘producer’’ means any person
who—
(A) is engaged in the domestic production of Hass
avocados for commercial use; and
(B) owns, or shares the ownership and risk of loss,
of such Hass avocados.
(13) PROMOTION.—The term ‘‘promotion’’ means any action
to advance the image, desirability, or marketability of Hass
avocados, including paid advertising, sales promotion, and
publicity, in order to improve the competitive position and
stimulate sales of Hass avocados in the domestic marketplace.
(14) RESEARCH.—The term ‘‘research’’ means any type of
test, study, or analysis relating to market research, market
development, and marketing efforts, or relating to the use,
quality, or nutritional value of Hass avocados, other related
food science research, or research designed to advance the
image, desirability, and marketability of Hass avocados.
(15) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.
(16) STATE.—The term ‘‘State’’ means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands,
Guam, American Samoa, the Republic of the Marshall Islands,
and the Federated States of Micronesia.
(17) UNITED STATES.—The term ‘‘United States’’ means the
United States collectively.
SEC. 1204. ISSUANCE OF ORDERS.

(a) IN GENERAL.—
(1) ISSUANCE.—To effectuate the policy of this title specified
in section 1202(b), the Secretary, subject to the procedures
provided in subsection (b), shall issue orders under this title
applicable to producers, importers, and first handlers of Hass
avocados.
(2) SCOPE.—Any order shall be national in scope.
(3) ONE ORDER.—Not more than one order shall be in
effect at any one time.
(b) PROCEDURES.—
(1) PROPOSAL FOR AN ORDER.—An existing organization
of avocado producers established pursuant to a State statute,
or any other person who will be affected by this title, may
request the issuance of, and submit a proposal for an order.
(2) PUBLICATION OF PROPOSAL.—The Secretary shall publish
a proposed order and give notice and opportunity for public
comment on the proposed order not later than 60 days after
receipt by the Secretary of a proposal for an order from an
existing organization of avocado producers established pursuant
to a State statute, as provided in paragraph (1).
(3) ISSUANCE OF ORDER.—

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(A) IN GENERAL.—After notice and opportunity for public comment are provided in accordance with paragraph
(2), the Secretary shall issue the order, taking into consideration the comments received and including in the order
such provisions as are necessary to ensure that the order
is in conformity with this title.
(B) EFFECTIVE DATE.—The order shall be issued and
become effective only after an affirmative vote in a referendum as provided in section 1206, but not later than 180
days after publication of the proposed order.
(c) AMENDMENTS.—The Secretary, from time to time, may
amend an order. The provisions of this title applicable to an order
shall be applicable to any amendment to an order.
SEC. 1205. REQUIRED TERMS IN ORDERS.

(a) IN GENERAL.—An order shall contain the terms and provisions specified in this section.
(b) HASS AVOCADO BOARD.—
(1) ESTABLISHMENT AND MEMBERSHIP.—
(A) ESTABLISHMENT.—The order shall provide for the
establishment of a Hass Avocado Board, consisting of 12
members, to administer the order.
(B) MEMBERSHIP.—
(i) APPOINTMENT.—The order shall provide that
members of the Board shall be appointed by the Secretary from nominations submitted as provided in this
subsection.
(ii) COMPOSITION.—The Board shall consist of
participating domestic producers and importers.
(C) SPECIAL DEFINITION OF IMPORTER.—In this subsection, the term ‘‘importer’’ means a person who is involved
in, as a substantial activity, the importation, sale, and
marketing of Hass avocados in the United States (either
directly or as an agent, broker, or consignee of any person
or nation that produces or handles Hass avocados outside
the United States for sale in the United States), and who
is subject to assessments under the order.
(2) DISTRIBUTION OF APPOINTMENTS.—
(A) IN GENERAL.—The order shall provide that the
membership of the Board shall consist of the following:
(i) Seven members who are domestic producers
of Hass avocados and are subject to assessments under
the order.
(ii) Two members who represent importers of Hass
avocados and are subject to assessments under the
order.
(iii) Three members who are domestic producers
of Hass avocados and are subject to assessments under
the order, or are importers of Hass avocados and are
subject to assessments under the order, to reflect the
proportion of domestic production and imports supplying the United States market, which shall be based
on the Secretary’s determination of the average volume
of domestic production of Hass avocados proportionate
to the average volume of imports of Hass avocados
in the United States over the previous 3 years.

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114 STAT. 1549A–83

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

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

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114 STAT. 1549A–85

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

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114 STAT. 1549A–86

PUBLIC LAW 106–387—APPENDIX

(1) PROMOTION, CONSUMER INFORMATION, INDUSTRY
INFORMATION AND RELATED RESEARCH PLANS AND PROJECTS.—
(A) IN GENERAL.—To ensure the efficient use of funds,
the order shall provide that the Board, with the approval
of the Secretary, shall enter into a contract or an agreement
with an avocado organization established by State statute
in a State with the majority of Hass avocado production
in the United States, for the implementation of a plan
or project for promotion, industry information, consumer
information, or related research with respect to Hass
avocados, and for the payment of the cost of the contract
or agreement with funds received by the Board under the
order.
(B) REQUIREMENTS.—The order shall provide that any
contract or agreement entered into under this paragraph
shall provide that—
(i) the contracting or agreeing party shall develop
and submit to the Board a plan or project, together
with a budget that includes the estimated costs to
be incurred for the plan or project;
(ii) the plan or project shall become effective on
the approval of the Secretary; and
(iii) the contracting party or agreeing party shall—
(I) keep accurate records of all transactions
of the party;
(II) account for funds received and expended;
(III) make periodic reports to the Board of
activities conducted; and
(IV) make such other reports as the Board
or the Secretary shall require.
(2) OTHER CONTRACTS AND AGREEMENTS.—The order shall
provide that the Board, with the approval of the Secretary,
may enter into a contract or agreement for administrative
services. Any contract or agreement entered into under this
paragraph shall include provisions comparable to the provisions
described in paragraph (1)(B).
(f ) BOOKS AND RECORDS OF BOARD.—
(1) IN GENERAL.—The order shall require the Board to—
(A) maintain such books and records (which shall be
available to the Secretary for inspection and audit) as
the Secretary may require;
(B) prepare and submit to the Secretary, from time
to time, such reports as the Secretary may require; and
(C) account for the receipt and disbursement of all
the funds entrusted to the Board, including all assessment
funds disbursed by the Board to a State organization of
avocado producers established pursuant to State law.
(2) AUDITS.—The Board shall cause the books and records
of the Board to be audited by an independent auditor at the
end of each fiscal year. A report of each audit shall be submitted
to the Secretary.
(g) CONTROL OF ADMINISTRATIVE COSTS.—
(1) SYSTEM OF COST CONTROLS.—The order shall provide
that the Board shall, as soon as practicable after the order
becomes effective and after consultation with the Secretary
and other appropriate persons, implement a system of cost
controls based on normally accepted business practices that—

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–87

(A) will ensure that the costs incurred by the Board
in administering the order in any fiscal year shall not
exceed 10 percent of the projected level of assessments
to be collected by the Board for that fiscal year; and
(B) cover the minimum administrative activities and
personnel needed to properly administer and enforce the
order, and conduct, supervise, and evaluate plans and
projects under the order.
(2) USE OF EXISTING PERSONNEL AND FACILITIES.—The
Board shall use, to the extent possible, the resources, staffs,
and facilities of existing organizations, as provided in subsection
(e)(1)(A).
(h) ASSESSMENTS.—
(1) AUTHORITY.—
(A) IN GENERAL.—The order shall provide that each
first handler shall remit to the Board, in the manner provided in the order, an assessment collected from the producer, except to the extent that the sale is excluded from
assessments under paragraph (6). In the case of imports,
the assessment shall be levied upon imports and remitted
to the Board by Customs.
(B) PUBLISHED LISTS.—To facilitate the payment of
assessments under this paragraph, the Board shall publish
lists of first handlers required to remit assessments under
the order and exempt handlers.
(C) MAKING DETERMINATIONS.—
(i) FIRST HANDLER STATUS.—The order shall contain provisions regarding the determination of the status of a person as a first handler or exempt handler.
(ii) PRODUCER-HANDLERS.—For purposes of paragraph (3), a producer-handler shall be considered the
first handler of those Hass avocados that are produced
by that producer-handler and packed by that producerhandler for sale at wholesale or retail.
(iii) IMPORTERS.—The assessment on imported
Hass avocados shall be paid by the importer to Customs at the time of entry into the United States and
shall be remitted by Customs to the Board. Importation
occurs when Hass avocados originating outside the
United States are released from custody of Customs
and introduced into the stream of commerce within
the United States. Importers include persons who hold
title to foreign-produced Hass avocados immediately
upon release by Customs, as well as any persons who
act on behalf of others, as agents, brokers, or consignees, to secure the release of Hass avocados from
Customs and the introduction of the released Hass
avocados into the current of commerce.
(2) ASSESSMENT RATES.—With respect to assessment rates,
the order shall contain the following terms:
(A) INITIAL RATE.—The rate of assessment on Hass
avocados shall be $.025 per pound on fresh avocados or
the equivalent rate for processed avocados on which an
assessment has not been paid.
(B) CHANGES IN THE RATE.—
(i) IN GENERAL.—Once the order in is effect, the
uniform assessment rate may be increased or decreased

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PUBLIC LAW 106–387—APPENDIX

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

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–89

investment of such funds for financing domestic promotion,
research, consumer information, and industry information plans
and projects, except that no such funds shall be used for the
administrative expenses of such State organization.
(9) ASSESSMENT FUNDS FOR IMPORTERS ASSOCIATIONS.—
(A) IN GENERAL.—The order shall provide that any
importers association shall receive a credit described in
subparagraph (B) if such association is—
(i) established pursuant to State law that requires
detailed State regulation comparable to that applicable
to the State organization of United States avocado
producers, as determined by the Secretary; or
(ii) certified by the Secretary as meeting the
requirements applicable to the Board as to budgets,
plans, projects, audits, conflicts of interest, and
reimbursements for administrative costs incurred by
the Secretary.
(B) CREDIT.—An importers association described in
subparagraph (A) shall receive 85 percent of the assessments paid on Hass avocados imported by the members
of such association.
(C) USE OF FUNDS.—
(i) IN GENERAL.—Importers associations described
in subparagraph (A) shall use the funds described in
subparagraph (B) and proceeds from the investment
of such funds for financing promotion, research, consumer information, and industry information plans and
projects in the United States.
(ii)
ADMINISTRATIVE
EXPENSES.—No
funds
described in subparagraph (C) shall be used for the
administrative expenses of such importers association.
(i) REIMBURSEMENT OF SECRETARY EXPENSES.—The order shall
provide for reimbursing the Secretary—
(1) for expenses not to exceed $25,000 incurred by the
Secretary in connection with any referendum conducted under
section 1206;
(2) for administrative costs incurred by the Secretary for
supervisory work of up to two employee years annually after
an order or amendment to any order has been issued and
made effective; and
(3) for costs incurred by the Secretary in implementation
of the order issued under section 1204, for enforcement of
the title and the order, for subsequent referenda conducted
under section 1206, and in defending the Board in litigation
arising out of action taken by the Board.
( j) PROHIBITION ON BRAND ADVERTISING AND CERTAIN
CLAIMS.—
(1) PROHIBITIONS.—Except as provided in paragraph (2),
a program or project conducted under this title shall not—
(A) make any reference to private brand names;
(B) make false, misleading, or disparaging claims on
behalf of Hass avocados; or
(C) make false, misleading, or disparaging statements
with respect to the attributes or use of any competing
products.
(2) EXCEPTIONS.—Paragraph (1) does not preclude the
Board from offering its programs and projects for use by

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PUBLIC LAW 106–387—APPENDIX

commercial parties, under such terms and conditions as the
Board may prescribe as approved by the Secretary. For the
purposes of this subsection, a reference to State of origin does
not constitute a reference to a private brand name with regard
to any funds credited to, or disbursed by the Board to, a
State organization of avocado producers established pursuant
to State law. Furthermore, for the purposes of this section,
a reference to either State of origin or country of origin does
not constitute a reference to a private brand name with regard
to any funds credited to, or disbursed by the Board to, any
importers association established or certified in accordance with
subsection (h)(9)(A).
(k) PROHIBITION ON USE OF FUNDS TO INFLUENCE GOVERNMENTAL ACTION.—
(1) IN GENERAL.—Except as otherwise provided in paragraph (2), the order shall prohibit any funds collected by the
Board under the order from being used in any manner for
the purpose of influencing legislation or government action
or policy.
(2) EXCEPTION.—Paragraph (1) shall not apply to the
development or recommendation of amendments to the order.
(l) PROHIBITION OF CONFLICT OF INTEREST.—The Board may
not engage in, and shall prohibit the employees and agents of
the Board from engaging in, any action that would be a conflict
of interest.
(m) BOOKS AND RECORDS; REPORTS.—
(1) IN GENERAL.—The order shall provide that each first
handler, producer, and importer subject to the order shall maintain, and make available for inspection, such books and records
as are required by the order and file reports at the time,
in the manner, and having the content required by the order,
to the end that such information is made available to the
Secretary and the Board as is appropriate for the administration or enforcement of this title, the order, or any regulation
issued under this title.
(2) CONFIDENTIALITY REQUIREMENT.—
(A) IN GENERAL.—Information obtained from books,
records, or reports under paragraph (1) shall be kept confidential by all officers and employees of the Department
of Agriculture and by the staff and agents of the Board.
(B) SUITS AND HEARINGS.—Information described in
subparagraph (A) may be disclosed to the public only—
(i) in a suit or administrative hearing brought
at the request of the Secretary, or to which the Secretary or any officer of the United States is a party,
involving the order; and
(ii) to the extent the Secretary considers the
information relevant to the suit or hearing.
(C) GENERAL STATEMENTS AND PUBLICATIONS.—Nothing in this paragraph may be construed to prohibit—
(i) the issuance of general statements, based on
the reports, of the number of persons subject to the
order or statistical data collected from the reports,
if the statements do not identify the information furnished by any person; or
(ii) the publication, by direction of the Secretary,
of the name of any person who violates the order,

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–91

together with a statement of the particular provisions
of the order violated by the person.
(3) LISTS OF IMPORTERS.—
(A) REVIEW.—The order shall provide that the staff
of the Board shall periodically review lists of importers
of Hass avocados to determine whether persons on the
lists are subject to the order.
(B) CUSTOMS SERVICE.—On the request of the Secretary
or the Board, the Commissioner of the United States Customs Service shall provide to the Secretary or the Board
lists of importers of Hass avocados.
(n) CONSULTATIONS WITH INDUSTRY EXPERTS.—
(1) IN GENERAL.—The order shall provide that the Board
may seek advice from and consult with experts from the production, import, wholesale, and retail segments of the Hass avocado
industry to assist in the development of promotion, industry
information, consumer information, and related research plans
and projects.
(2) SPECIAL COMMITTEES.—
(A) IN GENERAL.—For the purposes described in paragraph (1), the order shall authorize the appointment of
special committees composed of persons other than Board
members.
(B) CONSULTATION.—A committee appointed under
subparagraph (A) shall consult directly with the Board.
(o) OTHER TERMS OF THE ORDER.—The order shall contain
such other terms and provisions, consistent with this title, as are
necessary to carry out this title (including provision for the assessment of interest and a charge for each late payment of assessments
under subsection (h)).
SEC. 1206. REFERENDA.

(a) REQUIREMENTS FOR INITIAL REFERENDUM.—
(1) REFERENDUM REQUIRED.—During the 60-day period
immediately preceding the proposed effective date of an order
issued under section 1204(b)(3), the Secretary shall conduct
a referendum among producers and importers required to pay
assessments under the order, as provided in section 1205(h)(1).
(2) APPROVAL OF ORDER NEEDED.—The order shall become
effective only if the Secretary determines that the order has
been approved by a simple majority of all votes cast in the
referendum.
(b) VOTES PERMITTED.—
(1) IN GENERAL.—Each producer and importer eligible to
vote in a referendum conducted under this section shall be
entitled to cast one vote if they satisfy the eligibility requirements as defined in paragraph (2).
(2) ELIGIBILITY.—For purposes of paragraph (1), producers
and importers, as these terms are defined in section 1203,
shall be considered to be eligible to vote if they have been
producers or importers with sales of Hass avocados during
a period of at least 1 year prior to the referendum.
(c) MANNER OF CONDUCTING REFERENDA.—
(1) IN GENERAL.—Referenda conducted pursuant to this
title shall be conducted in a manner determined by the Secretary.

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PUBLIC LAW 106–387—APPENDIX

(2) ADVANCE REGISTRATION.—A producer or importer of
Hass avocados who chooses to vote in any referendum conducted
under this title shall register with the Secretary prior to the
voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
(3) VOTING.—A producer or importer of Hass avocados who
chooses to vote in any referendum conducted under this title
shall vote in accordance with procedures established by the
Secretary. The ballots and other information or reports that
reveal or tend to reveal the identity or vote of voters shall
be strictly confidential.
(4) NOTICE.—The Secretary shall notify all producers and
importers at least 30 days prior to the referendum conducted
under this title. The notice shall explain the procedure established under this subsection.
(d) SUBSEQUENT REFERENDA.—If an order is approved in a
referendum conducted under subsection (a), effective beginning on
the date that is 3 years after the date of the approval, the
Secretary—
(1) at the discretion of the Secretary, may conduct at any
time a referendum of producers and importers required to
pay assessments under the order, as provided in section
1205(h)(1), subject to the voting requirements of subsections
(b) and (c), to ascertain whether eligible producers and importers favor suspension, termination, or continuance of the order;
or
(2) shall conduct a referendum of eligible producers and
importers if requested by the Board or by a representative
group comprising 30 percent or more of all producers and
importers required to pay assessments under the order, as
provided in section 1205(h)(1), subject to the voting requirements of subsections (b) and (c), to ascertain whether producers
and importers favor suspension, termination, or continuance
of the order.
(e) SUSPENSION OR TERMINATION.—If, as a result of a referendum conducted under subsection (d), the Secretary determines that
suspension or termination of the order is favored by a simple
majority of all votes cast in the referendum, the Secretary shall—
(1) not later than 180 days after the referendum, suspend
or terminate, as appropriate, collection of assessments under
the order; and
(2) suspend or terminate, as appropriate, activities under
the order as soon as practicable and in an orderly manner.
SEC. 1207. PETITION AND REVIEW.

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

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be held within the United States judicial district in which
the residence or principal place of business of the person is
located.
(3) RULING.—After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be
final if in accordance with law.
(4) LIMITATION.—Any petition filed under this subsection
challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within
2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.
(b) REVIEW.—
(1) COMMENCEMENT OF ACTION.—The district courts of the
United States in any district in which a person who is a
petitioner under subsection (a) resides or conducts business
shall have jurisdiction to review the ruling of the Secretary
on the petition of the person, if a complaint requesting the
review is filed no later than 20 days after the date of the
entry of the ruling by the Secretary.
(2) PROCESS.—Service of process in proceedings under this
subsection shall be conducted in accordance with the Federal
Rules of Civil Procedure.
(3) REMAND.—If the court in a proceeding under this subsection determines that the ruling of the Secretary on the
petition of the person is not in accordance with law, the court
shall remand the matter to the Secretary with directions—
(A) to make such ruling as the court shall determine
to be in accordance with law; or
(B) to take such further action as, in the opinion the
court, the law requires.
(c) ENFORCEMENT.—The pendency of proceedings instituted
under this section shall not impede, hinder, or delay the Attorney
General or the Secretary from obtaining relief under section 1208.
SEC. 1208. ENFORCEMENT.

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

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(i) a civil penalty of not less than $1,000 nor more
than $10,000 for each violation; and
(ii) in the case of a willful failure to remit an
assessment as required by an order or regulation, an
additional penalty equal to the amount of the assessment.
(B) SEPARATE OFFENSES.—Each violation shall be a
separate offense.
(2) CEASE AND DESIST ORDERS.—In addition to or in lieu
of a civil penalty under paragraph (1), the Secretary may issue
an order requiring a person to cease and desist from continuing
a violation of this title, or an order or regulation issued under
this title.
(3) NOTICE AND HEARING.—No penalty shall be assessed,
or cease and desist order issued, by the Secretary under this
subsection unless the Secretary gives the person against whom
the penalty is assessed or the order is issued notice and opportunity for a hearing before the Secretary with respect to the
violation. Any such hearing shall be conducted in accordance
with section 1209(b)(2) and shall be held within the United
States judicial district in which the residence or principal place
of business of the person is located.
(4) FINALITY.—The penalty assessed or cease and desist
order issued under this subsection shall be final and conclusive
unless the person against whom the penalty is assessed or
the order is issued files an appeal with the appropriate district
court of the United States in accordance with subsection (d).
(d) REVIEW BY DISTRICT COURT.—
(1) COMMENCEMENT OF ACTION.—
(A) IN GENERAL.—Any person against whom a violation
is found and a civil penalty is assessed or a cease and
desist order is issued under subsection (c) may obtain
review of the penalty or order by, within the 30-day period
beginning on the date the penalty is assessed or the order
is issued—
(i) filing a notice of appeal in the district court
of the United States for the district in which the person
resides or conducts business, or in the United States
District Court for the District of Columbia; and
(ii) sending a copy of the notice by certified mail
to the Secretary.
(B) COPY OF RECORD.—The Secretary shall promptly
file in the court a certified copy of the record on which
the Secretary found that the person had committed a violation.
(2) STANDARD OF REVIEW.—A finding of the Secretary shall
be set aside under this subsection only if the finding is found
to be unsupported by substantial evidence.
(e) FAILURE TO OBEY AN ORDER.—
(1) IN GENERAL.—A person who fails to obey a cease and
desist order issued under subsection (c) after the order has
become final and unappealable, or after the appropriate United
States district court had entered a final judgment in favor
of the Secretary of not more than $10,000 for each offense,
after opportunity for a hearing and for judicial review under
the procedures specified in subsections (c) and (d).

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(2) SEPARATE VIOLATIONS.—Each day during which the person fails to obey an order described in paragraph (1) shall
be considered as a separate violation of the order.
(f ) FAILURE TO PAY A PENALTY.—
(1) IN GENERAL.—If a person fails to pay a civil penalty
assessed under subsection (c) or (e) after the penalty has become
final and unappealable, or after the appropriate United States
district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney
General for recovery of the amount assessed in any United
States district court in which the person resides or conducts
business.
(2) SCOPE OF REVIEW.—In an action by the Attorney General under paragraph (1), the validity and appropriateness of
a civil penalty shall not be subject to review.
(g) ADDITIONAL REMEDIES.—The remedies provided in this title
shall be in addition to, and not exclusive of, other remedies that
may be available.
SEC. 1209. INVESTIGATIONS AND POWER TO SUBPOENA.

(a) INVESTIGATIONS.—The Secretary may conduct such investigations as the Secretary considers necessary for the effective
administration of this title, or to determine whether any person
has engaged or is engaging in any act that constitutes a violation
of this title or any order or regulation issued under this title.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) INVESTIGATIONS.—For the purpose of conducting an
investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the
attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The production of the records may be required from any place in the
United States.
(2) ADMINISTRATIVE HEARINGS.—For the purpose of an
administrative hearing held under section 1207(a)(2) or
1208(c)(3), the presiding officer may administer oaths and
affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records
that are relevant to the inquiry. The attendance of witnesses
and the production of the records may be required from any
place in the United States.
(c) AID OF COURTS.—
(1) IN GENERAL.—In the case of contumacy by, or refusal
to obey a subpoena issued under subsection (b) to, any person,
the Secretary may invoke the aid of any court of the United
States within the jurisdiction of which the investigation or
proceeding is conducted, or where the person resides or conducts
business, in order to enforce a subpoena issued under subsection
(b).
(2) ORDER.—The court may issue an order requiring the
person referred to in paragraph (1) to comply with a subpoena
referred to in paragraph (1).
(3) FAILURE TO OBEY.—Any failure to obey the order of
the court may be punished by the court as a contempt of
court.
(4) PROCESS.—Process in any proceeding under this subsection may be served in the United States judicial district

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114 STAT. 1549A–96

PUBLIC LAW 106–387—APPENDIX

in which the person being proceeded against resides or conducts
business, or wherever the person may be found.
SEC. 1210. CONFIDENTIALITY.

(a) PROHIBITION.—No information regarding names of voters
or how a person voted in a referendum conducted under this title
shall be made public.
(b) PENALTY.—Any person who knowingly violates subsection
(a) or the confidentiality terms of an order, as described in section
1205(m)(2), shall be subject to a fine of not less that $1,000 nor
more than $10,000 or to imprisonment for not more than 1 year,
or both. If the person is an officer or employee of the Department
of Agriculture or the Board, the person shall be removed from
office.
(c) ADDITIONAL PROHIBITION.—No information obtained under
this title may be made available to any agency or officer of the
Federal Government for any purpose other than the implementation
of this title or an investigatory or enforcement action necessary
for the implementation of this title.
(d) WITHHOLDING INFORMATION FROM CONGRESS PROHIBITED.—
Nothing in this title shall be construed to authorize the withholding
of information from Congress.
SEC. 1211. AUTHORITY FOR SECRETARY TO SUSPEND OR TERMINATE
ORDER.

(a) GROUNDS FOR SUSPENSION OR TERMINATION.—If the Secretary finds that an order, or any provision of the order, obstructs
or does not tend to effectuate the policy of this title specified
in section 1202(b), the Secretary shall terminate or suspend the
operation of the order or provision under such terms as the Secretary determines are appropriate.
(b) EFFECT OF LACK OF APPROVAL OF ORDER.—If, as a result
of a referendum, the Secretary determines that the order is not
approved, the Secretary shall, within 180 days after making the
determination, suspend, or terminate, as appropriate, collection of
assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon
as possible.
SEC. 1212. RULES OF CONSTRUCTION.

(a) TERMINATION OR SUSPENSION NOT AN ORDER.—The termination or suspension of an order, or a provision of an order, shall
not be considered an order under the meaning of this title.
(b) RIGHTS.—This title—
(1) may not be construed to provide for control of production
or otherwise limit the right of individual Hass avocado growers,
handlers and importers to produce, handle, or import Hass
avocados; and
(2) shall be construed to treat all persons producing, handling, and importing Hass avocados fairly and to implement
any order in an equitable manner.
(c) OTHER PROGRAMS.—Nothing in this title may be construed
to preempt or supersede any other program relating to Hass avocado
promotion, research, industry information, and consumer information organized and operated under the laws of the United States
or of a State.

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PUBLIC LAW 106–387—APPENDIX

114 STAT. 1549A–97

SEC. 1213. REGULATIONS.

The Secretary may issue such regulations as are necessary
to carry out this title and the powers vested in the Secretary
by this title, including regulations relating to the assessment of
late payment charges and interest.
SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated for
each fiscal year such sums as are necessary to carry out this
title.
(b) ADMINISTRATIVE EXPENSES.—Funds appropriated under subsection (a) may not be used for the payment of the expenses or
expenditures of the Board in administering a provision of an order.
TITLE XIII—DEBT REDUCTION
DEPARTMENT OF THE TREASURY
BUREAU

OF THE

PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

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

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