Pub.L. 108-008 To improve the calculation of the Federal subsidy rate with respect to certain small business loans, and for other purposes. <> ...

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                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, $4,058,000; 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, of which $3,224,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $834,000 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 and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; $1,630,727,000, of which not to exceed 
$222,900,000 to be derived from prescription drug user fees authorized 
by 21 U.S.C. 379h, including any such fees assessed prior to the current 
fiscal year but credited during the current year, in accordance with 
section 736(g)(4), shall be credited to this appropriation and remain 
available until expended; and of which not to exceed $25,125,000 to be 
derived from device user fees authorized by 21 U.S.C. 379j shall be 
credited to this appropriation, to remain available until expended: 
Provided, That fees derived from applications received during fiscal 
year 2003 shall be subject to the fiscal year 2003 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 not to exceed $2,300,000 of the total amount 
appropriated shall be for activities related to legislative affairs: 
Provided further, That of the total amount appropriated: (1) 
$413,347,000 shall be for the Center for Food Safety and Applied

[[Page 117 STAT. 37]]

Nutrition and related field activities in the Office of Regulatory 
Affairs; (2) $426,671,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of Regulatory 
Affairs, of which no less than $13,357,000 shall be available for grants 
and contracts awarded under section 5 of the Orphan Drug Act (21 U.S.C. 
360ee); (3) $199,699,000 shall be for the Center for Biologics 
Evaluation and Research and for related field activities in the Office 
of Regulatory Affairs; (4) $88,972,000 shall be for the Center for 
Veterinary Medicine and for related field activities in the Office of 
Regulatory Affairs; (5) $208,685,000 shall be for the Center for Devices 
and Radiological Health and for related field activities in the Office 
of Regulatory Affairs; (6) $40,688,000 shall be for the National Center 
for Toxicological Research; (7) $36,914,000 shall be for Rent and 
Related activities, other than the amounts paid to the General Services 
Administration; (8) $108,269,000 shall be for payments to the General 
Services Administration for rent and related costs; and (9) $107,482,000 
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. 263b 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, $8,000,000, to remain 
available until expended.

                          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, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $85,985,000, 
including not to exceed $2,000 for official reception and representation 
expenses.

                       Farm Credit Administration

                  limitation on administrative expenses

    Not to exceed $38,400,000 (from assessments collected from farm 
credit institutions and from the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for

[[Page 117 STAT. 38]]

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 2003 under this Act shall be available for the purchase, in 
addition to those specifically provided for, of not to exceed 374 
passenger motor vehicles, of which 372 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. Funds appropriated by this Act shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 
U.S.C. 3109.
    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. <<NOTE: 7 USC 2209b.>> 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, information technology 
infrastructure, fruit fly program, emerging plant pests, boll weevil 
program, up to 25 percent of the screwworm program; Food Safety and 
Inspection Service, field automation and information management project; 
Cooperative State Research, Education, and Extension Service, funds for 
competitive research grants (7 U.S.C. 450i(b)), funds for the Research, 
Education and Economics Information System (REEIS), and funds for the 
Native American Institutions Endowment Fund; Farm Service Agency, 
salaries and expenses funds made available to county committees; Foreign 
Agricultural Service, middle-income country training program and up to 
$2,000,000 of the Foreign Agricultural Service appropriation solely for 
the purpose of offsetting fluctuations in international currency 
exchange rates, subject to documentation by the Foreign Agricultural 
Service.

    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b).

[[Page 117 STAT. 39]]

    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 2003 
shall remain available until expended to cover obligations made in 
fiscal year 2003 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, and the Rural Economic Development 
Loans program account.
    Sec. 713. <<NOTE: 7 USC 2279g.>> Notwithstanding chapter 63 of title 
31, United States Code, marketing services of the Agricultural Marketing 
Service; the Grain Inspection, Packers and Stockyards Administration; 
the Animal and Plant Health Inspection Service; and the food safety 
activities of the Food Safety and Inspection Service hereafter may use 
cooperative agreements to reflect a relationship between the 
Agricultural Marketing Service; the Grain Inspection, Packers and 
Stockyards Administration; the Animal and Plant Health Inspection 
Service; or the Food Safety and Inspection Service and a State or 
cooperator to carry out agricultural marketing programs, to carry out 
programs to protect the nation's animal and plant resources, or to carry 
out educational programs or special studies to improve the safety of the 
nation's food supply.

    Sec. 714. None of the funds in this Act may be used to retire more 
than 5 percent of the Class A stock of the Rural Telephone Bank or to 
maintain any account or subaccount within the accounting records of the 
Rural Telephone Bank the creation of which has not specifically been 
authorized by statute: Provided,

[[Page 117 STAT. 40]]

That notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available in this Act may be used to 
transfer to the Treasury or to the Federal Financing Bank any 
unobligated balance of the Rural Telephone Bank telephone liquidating 
account which is in excess of current requirements and such balance 
shall receive interest as set forth for financial accounts in section 
505(c) of the Federal Credit Reform Act of 1990.
    Sec. 715. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 716. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 717. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 718. None of the funds appropriated or otherwise made available 
to the Department of Agriculture shall be used to transmit or otherwise 
make available to any non-Department of Agriculture employee questions 
or responses to questions that are a result of information requested for 
the appropriations hearing process.
    Sec. 719. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committees on 
Appropriations of both Houses of Congress.
    Sec. 720. <<NOTE: Notifications. Deadlines.>> (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 2003, 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

[[Page 117 STAT. 41]]

2003, 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, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify the Committees on Appropriations of both Houses of Congress 
before implementing a program or activity not carried out during the 

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