Home > 106th Congressional Bills > 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] ...

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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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 cumulative total of transfers to the Working Capital 
Fund for the purpose of accumulating growth capital for data services 
and National Finance Center operations shall not exceed $2,000,000: 
Provided, That no funds in this Act appropriated to an agency of the 
Department shall be transferred to the Working Capital Fund without the 
approval of the agency administrator.
    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, boll weevil program, up 
to 10 percent of the screwworm program, and up to $2,000,000 for costs 
associated with colocating regional offices; Food Safety and Inspection 
Service, field automation and information management project; 
Cooperative State Research, Education, and Extension Service, funds for 
competitive research grants (7 U.S.C. 450i(b)) 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; 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, the Secretary 
of Agriculture may 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.
    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: Provided, That interagency funding is 
authorized to carry out the purposes of the National Drought Policy 
Commission.
    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 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 Committee 
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 Committee 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 Committee on Appropriations of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    Sec. 722. 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).
    Sec. 725. None of the funds appropriated or otherwise made 
available by this Act 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 in 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.
    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 users fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2001 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 Committee 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 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. 734. 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. 735. 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;
            (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 2000 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. 736. Hereafter, notwithstanding any other provision of law, no 
housing or residence in a foreign country purchased by an agent or 
instrumentality of the United States, for the purpose of housing the 
agricultural attache, shall be sold or disposed of without the approval 
of the Foreign Agricultural Service of the United States Department of 
Agriculture, including property purchased using foreign currencies 
generated under the Agricultural Trade Development and Assistance Act 
of 1954 (Public Law 480) and used or occupied by agricultural attaches 
of the Foreign Agricultural Service: Provided, That the Department of 
State/Office of Foreign Buildings may sell such properties with the 
concurrence of the Foreign Agricultural Service if the proceeds are 
used to acquire suitable properties of appropriate size for Foreign 
Agricultural Service agricultural attaches: Provided further, That the 

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