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] ...
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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