H.R. 4461 (eh) 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. [Engrossed in House] ...

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Agricultural Research Center, including an easement to the University 
of Maryland to construct the Transgenic Animal Facility which upon 
completion shall be accepted by the Secretary as a gift: Provided 
further, That the foregoing limitations shall not apply to replacement 
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 
113a): Provided further, That funds may be received from any State, 
other political subdivision, organization, or individual for the 
purpose of establishing or operating any research facility or research 
project of the Agricultural Research Service, as authorized by law.
    None of the funds in the foregoing paragraph shall be available to 
carry out research related to the production, processing or marketing 
of tobacco or tobacco products.
    In fiscal year 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, $56,330,000, 
to remain available until expended (7 U.S.C. 2209b): Provided, That 
funds may be received from any State, other political subdivision, 
organization, or individual for the purpose of establishing any 
research facility of the Agricultural Research Service, as authorized 
by law.

      Cooperative State Research, Education, and Extension Service

                   research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
including $180,545,000 to carry into effect the provisions of the Hatch 
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry 
research (16 U.S.C. 582a-a7); $30,676,000 for payments to the 1890 
land-grant colleges, including Tuskegee University (7 U.S.C. 3222), of 
which $1,000,000 shall be made available to West Virginia State College 
in Institute, West Virginia; $64,157,000 for special grants for 
agricultural research (7 U.S.C. 450i(c)); $13,721,000 for special 
grants for agricultural research on improved pest control (7 U.S.C. 
450i(c)); $118,700,000 for competitive research grants (7 U.S.C. 
450i(b)); $5,109,000 for the support of animal health and disease 
programs (7 U.S.C. 3195); $750,000 for supplemental and alternative 
crops and products (7 U.S.C. 3319d); $650,000 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), to remain available until expended; $1,000,000 for the 1994 
research program (7 U.S.C. 301 note), to remain available until 
expended; $3,000,000 for higher education graduate fellowship grants (7 
U.S.C. 3152(b)(6)), to remain available until expended (7 U.S.C. 
2209b); $4,350,000 for higher education challenge grants (7 U.S.C. 
3152(b)(1)); $1,000,000 for a higher education multicultural scholars 
program (7 U.S.C. 3152(b)(5)), to remain available until expended (7 
U.S.C. 2209b); $3,500,000 for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241); $3,000,000 for a program of 
noncompetitive grants, to be awarded on an equal basis, to Alaska 
Native-serving and Native Hawaiian-serving Institutions to carry out 
higher education programs (7 U.S.C. 3242); $1,000,000 for a secondary 
agriculture education program and 2-year post-secondary education (7 
U.S.C. 3152(h)); $4,000,000 for aquaculture grants (7 U.S.C. 3322); 
$9,500,000 for sustainable agriculture research and education (7 U.S.C. 
5811); $9,500,000 for a program of capacity building grants (7 U.S.C. 
3152(b)(4)) to colleges eligible to receive funds under the Act of 
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee 
University, to remain available until expended (7 U.S.C. 2209b); 
$1,552,000 for payments to the 1994 Institutions pursuant to section 
534(a)(1) of Public Law 103-382; and $16,402,000 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; in all, $494,044,000.
    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

    Payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa: 
For 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)), $3,500,000; 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, $4,100,000; 
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), $12,400,000, 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, $9,000,000; payments for 
carrying out the provisions of the Renewable Resources Extension Act of 
1978, $3,192,000; payments for Indian reservation agents under section 
3(d) of the Act, $2,500,000; payments for sustainable agriculture 
programs under section 3(d) of the Act, $4,000,000; payments for rural 
health and safety education as authorized by section 2390 of Public Law 
101-624 (7 U.S.C. 2661 note, 2662), $2,628,000; 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, $26,843,000, of which $1,000,000 shall be made available to 
West Virginia State College in Institute, West Virginia; and for the 
Oregon State University Agriculture Extension Service, $176,000 for the 
Food Electronically and Effectively Distributed (FEED) website 
demonstration project; 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, $12,283,000; in all, 
$427,380,000: 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, 
$43,365,000, 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, $5,824,000; payments 
for crops affected by the Food Quality Protection Act implementation, 
$2,000,000; and payments for the methyl bromide transition program, 
$3,000,000, as authorized under section 406 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626).

  Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

    For expenses, not otherwise provided for, including those pursuant 
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to 
prevent, control, and eradicate pests and plant and animal diseases; to 
carry out inspection, quarantine, and regulatory activities; to 
discharge the authorities of the Secretary of Agriculture under the Act 
of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the 
environment, as authorized by law, $458,149,000, 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: 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 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 
less than $1,000,000 of the funds available under this heading made 
available for wildlife services methods development, the Secretary of 
Agriculture shall conduct pilot projects in no less than four States 
representative of wildlife predation of livestock in connection with 
farming operations for direct assistance in the application of non-
lethal predation control methods: Provided further, That the General 
Accounting Office shall report to the Committee 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, $87,000,000 shall be derived from user fees deposited in the 
Agricultural Quarantine Inspection User Fee Account.

                        buildings and facilities

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

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses to carry on 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, $64,696,000, 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 $639,000 may be 
transferred to the Expenses and Refunds, Inspection and Grading of Farm 
Products fund account for the cost of the National Organic Production 
Program and that 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 Committee 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.

                   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)), 
$1,200,000.

        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, $27,269,000: 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 

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