[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3603 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 24, 1996.
Resolved, That the bill from the House of Representatives (H.R.
3603) entitled ``An Act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 1997, and for other
purposes'', do pass with the following
AMENDMENTS:
(1)Page 2, line 19, strike out all after ``Secretary'' down to and
including ``days'' in line 23
(2)Page 5, line 11, strike out [$5,000,000] and insert: $23,505,400
(3)Page 5, line 12, strike out [$125,548,000] and insert: $144,053,400
(4)Page 6, line 5, strike out [$28,304,000] and insert: $30,529,000
(5)Page 6, line 18, after ``551-558'' insert: : Provided further, That
of the total amount appropriated, not less than $11,774,000 shall be
made available for civil rights enforcement
(6)Page 7, line 1, strike out [$3,728,000] and insert: $3,668,000
(7)Page 9, line 14, strike out [$54,176,000] and insert: $53,109,000
(8)Page 10, line 1, strike out [$100,221,000] and insert: $98,121,000
(9)Page 10, line 17, strike out [$702,831,000] and insert: $722,839,600
(10)Page 11, line 21, after ``law'' insert: : Provided further, That
all rights and title of the United States in the property known as the
National Agricultural Water Quality Laboratory of the United States
Department of Agriculture, consisting of approximately 9.161 acres in
the city of Durant, Oklahoma, including facilities and fixed equipment,
shall be conveyed to Southeastern Oklahoma State University
(11)Page 12, line 6, strike out [$59,600,000] and insert: $59,200,000
(12)Page 12, line 17, strike out [$163,671,000] and insert:
$168,734,000
(13)Page 12, line 19, strike out [$19,882,000] and insert: $20,497,000
(14)Page 12, line 20, strike out [$26,902,000] and insert: $27,735,000
(15)Page 12, line 22, strike out [$44,235,000] and insert: $47,080,000
(16)Page 12, line 25, strike out [$96,735,000] and insert: $93,935,000
(17)Page 13, line 2, strike out [$4,775,000] and insert: $5,051,000
(18)Page 13, line 3, strike out [$650,000] and insert: $500,000
(19)Page 13, line 5, strike out [$500,000] and insert: $700,000
(20)Page 13, line 16, strike out [$2,000,000] and insert: $1,500,000
(21)Page 13, line 19, strike out [$8,000,000] and insert: $8,100,000
(22)Page 13, line 21, after ``grants'' insert: (7 U.S.C. 3152(b)(4))
(23)Page 13, lines 23 and 24, strike out [7 U.S.C. 3152(b)(4)]
(24)Page 14, line 2, strike out [$9,605,000] and insert: $10,644,000
(25)Page 14, line 5, strike out [$411,849,000] and insert: $419,370,000
(26)Page 14, line 21, strike out [$30,449,000] and insert: $55,668,000
(7 U.S.C. 390 et seq.)
(27)Page 15, line 7, strike out [$260,438,000] and insert: $268,493,000
(28)Page 15, line 7, after ``$260,438,000'' insert: ; $2,500,000 for
extension work at the 1994 Institutions under the Smith-Lever Act (7
U.S.C. 343(b)(3))
(29)Page 15, line 9, strike out [$58,695,000] and insert: $60,510,000
(30)Page 15, line 12, strike out [$2,855,000] and insert: $2,943,000
(31)Page 15, line 14, strike out [$3,214,000] and insert: $3,313,000
(32)Page 15, line 17, strike out [$7,549,000] and insert: $7,782,000
(33)Page 15, line 18, after ``pended;'' insert: $1,700,000 for
institutional capacity building grants at the 1994 Institutions (7
U.S.C. 301 note), to remain available until expended (7 U.S.C. 2209b);
(34)Page 15, line 19, strike out [$908,000] and insert: $936,000
(35)Page 15, line 21, strike out [$10,733,000] and insert: $11,065,000
(36)Page 15, line 23, strike out [$1,167,000] and insert: $1,203,000
(37)Page 15, line 24, strike out [$9,554,000] and insert: $9,850,000
(38)Page 16, line 1, strike out [$2,365,000] and insert: $2,438,000
(39)Page 16, line 3, strike out [$3,192,000] and insert: $3,291,000
(40)Page 16, line 4, strike out [$1,672,000] and insert: $1,724,000
(41)Page 16, line 6, strike out [$3,309,000] and insert: $3,411,000
(42)Page 16, line 8, strike out [$2,628,000] and insert: $2,709,000
(43)Page 16, line 11, strike out [$24,337,000] and insert: $25,090,000
(44)Page 16, line 18, strike out [$6,271,000] and insert: $11,381,000
(45)Page 16, line 19, strike out [$409,670,000] and insert:
$431,122,000
(46)Page 17, line 23, strike out [$435,428,000] and insert:
$432,103,000
(47)Page 17, line 23, strike out [$4,500,000] and insert: $5,000,000
(48)Page 20, line 14, strike out [$37,592,000] and insert: $46,767,000
(49)Page 22, line 15, strike out [$22,728,000] and insert: $23,928,000
(50)Page 23, line 15, strike out [$574,000,000] and insert:
$557,697,000
(51)Page 23, line 21, after ``1034(d))'' insert: : Provided further,
That not to exceed $1,500,000 of this appropriation shall be made
available to establish a joint FSIS/APHIS National Farm Animal
Identification Pilot Program for dairy cows
(52)Page 24, line 12, strike out [Consolidated]
(53)Page 24, line 20, strike out [$746,440,000] and insert:
$725,000,000
(54)Page 25, after line 6 insert:
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $2,000,000.
(55)Page 27, line 4, strike out [$25,000,000] and insert: $75,000,000
(56)Page 27, line 5, after ``asters'' insert: ; for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989, $15,384,000;
(57)Page 27, line 16, strike out [$6,365,000] and insert: $19,095,000
(58)Page 27, line 17, after ``asters;'' insert: for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989, $2,000,000;
(59)Page 28, strike out lines 1 through 7 and insert:
Risk Management
For administrative and operating expenses, as authorized by section
226A of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933), $70,000,000, of which not to exceed $700 shall be
available for official reception and representation expenses, as
authorized by section 506(i) of the Federal Crop Insurance Act (7
U.S.C. 1506(i)): Provided, That this appropriation shall be available
only to the extent that an official budget request for a specific
dollar amount is submitted by the President to Congress.
(60)Page 31, line 3, strike out [$619,392,000] and insert: $638,954,000
(61)Page 32, line 6, after ``590e-2)'' insert: : Provided further, That
of the total amount appropriated, no more than $250,000 may be
available for purposes authorized under sections 351-360 of Public Law
104-127
(62)Page 32, line 13, strike out [$10,762,000] and insert: $14,000,000
(63)Page 35, line 25, strike out all after ``$28,987,000'' over to and
including ``1997'' in line 2 on page 36
(64)Page 37, line 18, strike out [$73,190,000] and insert: $136,435,000
(65)Page 37, line 20, after ``program,'' insert: rental assistance
associated with and direct loans for new construction of section 515
rental housing,
(66)Page 38, line 4, strike out all after ``Secretary'' down to and
including ``1997'' in line 7
(67)Page 39, line 3, strike out [$53,889,000] and insert: $66,354,000
(68)Page 39, line 11, strike out [$18,400,000] and insert: $17,270,000
(69)Page 39, line 18, strike out [$40,000,000] and insert: $37,544,000
(70)Page 40, line 19, strike out [$6,000,000] and insert: $10,000,000
(71)Page 41, line 1, strike out [$51,400,000] and insert: $53,750,000
(72)Page 41, line 17, after ``development'' insert: as provided under
section 747(e) of Public Law 104-127
(73)Page 41, line 17, after ``development'' insert: : Provided further,
That of the total amount appropriated, not to exceed $1,300,000 may be
available through a cooperative agreement for the appropriate
technology transfer for rural areas program: Provided further, That of
the total amount appropriated, not less than $2,000,000 shall be
available for grants in accordance with section 310B(f) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(f))
(74)Page 44, line 22, strike out [$7,500,000] and insert: $10,000,000
(75)Page 45, line 8, strike out [$496,868,000] and insert: $656,742,000
(76)Page 46, line 2, strike out [$5,000,000] and insert: $5,400,000
(77)Page 46, line 10, after ``1932)'' insert: : Provided further, That
of the total amount appropriated, not to exceed $10,000,000 shall be
for water and waste disposal systems pursuant to section 757 of Public
Law 104-127
(78)Page 46, line 10, after ``1932)'' insert: : Provided further, That
notwithstanding section 306(a)(7) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(7)), the town of Berlin, New
Hampshire, shall be eligible during fiscal year 1997 for a grant under
the rural utilities assistance program
(79)Page 47, line 2, strike out [$454,000] and insert: $554,000
(80)Page 47, line 9, strike out [$8,652,597,000] and insert:
$8,654,797,000
(81)Page 47, line 10, strike out [$3,218,844,000] and insert:
$3,221,044,000
(82)Page 47, line 13, strike out all after ``612c)'' down to and
including ``evaluations'' in line 15 and insert: : Provided, That not
to exceed $2,000,000 of the funds made available under this heading
shall be used for studies and evaluations
(83)Page 48, line 3, strike out all after ``levels'' down to and
including ``Committees'' in line 9 and insert: : Provided further, That
once the amount for fiscal year 1996 carryover funds has been
determined by the Secretary, any funds in excess of $100,000,000 may be
transferred by the Secretary of Agriculture to any loan program of the
Department and/or to make available up to $10,000,000 for the WIC
farmers' market nutrition program
(84)Page 48, line 18, after ``1786)'' insert: : Provided further, That
State agencies required to procure infant formula using a competitive
bidding system may use funds appropriated by this Act to purchase
infant formula under a cost containment contract entered into after
September 30, 1996 only if the contract was awarded to the bidder
offering the lowest net price, as defined by section 17(b)(20) of the
Child Nutrition Act of 1966, unless the State agency demonstrates to
the satisfaction of the Secretary that the weighted average retail
price for different brands of infant formula in the State does not vary
by more than five percent
(85)Page 48, line 21, strike out [2011-2029] and insert: 2011 et seq.
(86)Page 48, line 21, strike out [$27,615,029,000] and insert:
$28,521,029,000
(87)Page 48, line 24, strike out [$100,000,000] and insert:
$1,000,000,000
(88)Page 49, line 2, strike out all after ``operations'' down to and
including ``evaluations'' in line 4 and insert: : Provided further,
That not to exceed $6,000,000 of the funds made available under this
heading shall be used for studies and evaluations
(89)Page 50, line 1, strike out all after ``(note)),'' down to and
including ``2013(b)),'' in line 2
(90)Page 50, line 4, strike out [$205,000,000] and insert: $141,250,000
(91)Page 50, line 8, strike out [$104,487,000] and insert: $107,769,000
(92)Page 51, line 7, strike out [$128,005,000] and insert: $138,561,000
(93)Page 51, line 8, strike out [$2,792,000] and insert: $3,231,000
(94)Page 51, line 9, strike out [$1,005,000] and insert: $1,035,000
(95)Page 51, line 18, strike out all after ``2392)'' down to and
including ``expenditure'' in line 23
(96)Page 52, line 11, strike out [$216,400,000] and insert:
$218,944,000
(97)Page 52, line 19, strike out [$29,500,000] and insert: $40,000,000
(98)Page 53, line 7, strike out [$177,000,000] and insert: $179,082,000
(99)Page 53, line 11, strike out [$1,750,000] and insert: $1,818,000
(100)Page 53, line 17, strike out [$3,381,000] and insert: $3,820,000
(101)Page 53, line 21, strike out [$2,792,000] and insert: $3,231,000
(102)Page 55, line 7, after ``9701'' insert: : Provided further, That a
sufficient amount of these funds shall be used to ensure compliance
with the statutory deadlines set forth in section 505(j)(4)(A) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(4)(A))
(103)Page 55, strike out lines 14 through 21
(104)Page 55, after line 21 insert:
General Provisions
(105)Page 55, after line 21 insert:
Sec. 601. Effective Medication Guides.--
(a) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Department of
Health and Human Services shall request that national
organizations representing health care professionals, consumer
organizations, voluntary health agencies, the pharmaceutical
industry, drug wholesalers, patient drug information database
companies, and other relevant parties collaborate to develop a
long-range comprehensive action plan to achieve goals
consistent with the goals of the proposed rule of the Food and
Drug Administration on ``Prescription Drug Product Labeling:
Medication Guide Requirements'' (60 Fed. Reg. 44182; relating
to the provision of oral and written prescription information
to consumers).
(b) Goals.--Goals consistent with the proposed rule
described in subsection (a) are the distribution of useful
written information to 75 percent of individuals receiving new
precriptions by the year 2000 and to 95 percent by the year
2006.
(c) Plan.--The plan described in subsection (a) shall--
(1) identify the plan goals;
(2) assess the effectiveness of the current
private-sector approaches used to provide oral and
written prescription information to consumers;
(3) develop guidelines for providing effective oral
and written prescription information consistent with
the findings of any such assessment;
(4) contain elements necessary to ensure the
transmittal of useful information to the consuming
public, including being scientifically accurate, non-
promotional in tone and content, sufficiently specific
and comprehensive as to adequately inform consumers
about the use of the product, and in an understandable,
legible format that is readily comprehensible and not
confusing to consumers expected to use the product.
(5) develop a mechanism to assess periodically the
quality of the oral and written prescription
information and the frequency with which the
information is provided to consumers; and
(6) provide for compliance with relevant State
board regulations.
(d) Limitation on the authority of the secretary.--The
Secretary of the Department of Health and Human Services shall
have no authority to implement the proposed rule described in
subsection (a), or to develop any similar regulation, policy
statement, or other guideline specifying a uniform content or
format for written information voluntarily provided to
consumers about prescription drugs if, (1) not later than 120
days after the date of enactment of this Act, the national
organizations described in subsection (a) develop and submit to
the Secretary for Health and Human Services a comprehensive,
long-range action plan (as described in subsection (a)) which
shall be acceptable to the Secretary of Health and Human
Services; (2) the aforementioned plan is submitted to the
Secretary of Health and Human Services for review and
acceptance: Provided, That the Secretary shall give due
consideration to the submitted plan and that any such
acceptance shall not be arbitrarily withheld; and (3) the
implementation of (a) a plan accepted by the Secretary
commences within 30 days of the Secretary's acceptance of such
plan, or (b) the plan submitted to the Secretary commences
within 60 days of the submission of such plan if the Secretary
fails to take any action on the plan within 30 days of the
submission of the plan. The Secretary shall accept, reject or
suggest modifications to the plan submitted within 30 days of
its submission. The Secretary may confer with and assist
private parties in the development of the plan described in
subsections (a) and (b).
(e) Secretary review.--Not later than January 1, 2001, the
Secretary of the Department of Health and Human Services shall
review the status of private-sector initiatives designed to
achieve the goals of the plan described in subsection (a), and
if such goals are not achieved, the limitation in subsection
(d) shall not apply, and the Secretary shall seek public
comment on other initiatives that may be carried out to meet
such goals.
(106)Page 55, line 22, before ``Section'' insert: Sec. 602.
(107)Page 55, line 24, strike out [2002] and insert: 1998
(108)Page 55, after line 24 insert:
Sec. 603. Amendments to the Federal Food, Drug, and Cosmetic Act.--
(a) Imports for export.--Section 801(d)(3) of the Federal
Food, Drug, and Cosmetic Act is amended--
(1) by striking ``accessory of a device which is
ready'' and inserting ``accessory of a device, or other
article of device requiring further processing, which
is ready'';
(2) in subparagraph (A), by striking ``is intended
to be'' and inserting ``is intended to be further
processed by the initial owner or consignee, or''; and
(3) in subparagraph (C)--
(A) by striking ``part,'' and inserting
``part, article,''; and
(B) by striking ``incorporated'' and
inserting ``incorporated or further
processed''.
(b) Labeling of exported drugs.--Section 801(f) of the
Federal Food, Drug, and Cosmetic Act is amended--
(1) in paragraph (1), by striking ``If a drug'' and
inserting ``If a drug (other than insulin, an
antibiotic drug, an animal drug, or a drug exported
under section 802)''; and
(2) in paragraph (2), by adding at the end the
following new sentence: ``A drug exported under section
802 is exempt from this section.''.
(c) Export of certain unapproved drugs and devices.--
Section 802(f)(5) of the Federal Food, Drug, and Cosmetic Act
is amended by striking ``if the drug or device is not labeled''
and inserting ``if the labeling of the drug or device is not''.
(109)Page 55, after line 24 insert:
Sec. 604. Not later than 180 days after enactment of this Act, the
Administrator of the Food and Drug Administration, in consultation with
the States and other appropriate Federal agencies shall report to the
Chairman and Ranking Member of the Committee on Appropriations of the
House and Senate on the feasibility of applying DNA testing or other
testing procedures to determine the adulteration, blending, mixing or
substitution of crab meat other than Callinectes Sapidus offered for
sale in the United States. The Administrator also shall report on the
feasibility of developing a database of imported crab meat shipments
from port of entry to final wholesaler to be made available to State
agencies to aid enforcement and public health protection.
(110)Page 57, line 14, strike out [$55,101,000] and insert: $56,601,000
(111)Page 57, strike out all after line 21 over to and including line 3
on page 58
(112)Page 59, line 17, strike out all after ``Service;'' down to and
including ``project;'' in line 19
(113)Page 64, line 18, after ``statute'' insert: : 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
(114)Page 65, strike out lines 6 through 9 and insert:
Sec. 721. None of the funds appropriated or otherwise made
available by this Act, or made available through the commodity Credit
Corporation, shall be used to enroll in excess of 130,000 acres in the
fiscal year 1997 wetlands reserve program, as authorized by section
3837 of title 16, United States Code: Provided, That additional acreage
may be enrolled in the program to the extent that non-Federal funds
available to the Secretary are used to fully compensate for the cost of
additional enrollments: Provided further, That the condition on
enrollments provided in section 1237(b)(2)(B) of the Food Security Act
of 1985, as amended (16 U.S.C. 3837(b)(2)(B)) shall be deemed met upon
the enrollment of 43,333 acres through the use of temporary easements:
Provided further That the Secretary shall not enroll acres in the
wetlands reserve program through the use of new permanent easements in
fiscal year 1998 until the Secretary has enrolled at least 31,667 acres
in the program through the use of temporary easements.
(115)Page 65, line 15, after ``makings'' insert: and panels used to
evaluate competitively awarded grants
(116)Page 65, strike out all after line 21 over to and including line 2
on page 66
(117)Page 66, strike out lines 3 through 7
(118)Page 66, strike out lines 8 through 12
(119)Page 66, strike out all after line 21 over to and including
``disaster'' in line 2 on page 67 and insert: used for an agricultural
or related activity, including conserving use, as determined by the
Secretary
(120)Page 67, strike out lines 7 through 14
(121)Page 67, strike out all after line 18 over to and including line
19 on page 68
(122)Page 68, line 20, strike out [Funds] and insert: Hereafter, funds
(123)Page 69, strike out all after line 2 over to and including line 2
on page 70
(124)Page 70, after line 2 insert:
Sec. 734. Not to exceed 10 percent of the amounts appropriated or
otherwise made available by this Act for the Rural Housing Assistance
Program, the Rural Business-Cooperative Assistance Program, and the
Rural Utilities Assistance Program may be transferred between these
programs for authorized purposes.
(125)Page 70, after line 2 insert:
Sec. 735. None of the funds appropriated or otherwise made
available to the Department of Agriculture by this Act may be used to
detail or assign an individual from an agency or office funded in this
Act to any other agency or office for more than 60 days, unless the
Secretary provides notification to the House and Senate Committees on
Appropriations that an employee detail or assignment in excess of 60
days is required.
(126)Page 70, after line 2 insert:
Sec. 736. Section 747(e) of the Federal Agriculture Improvement and
Reform Act of 1996 is amended by inserting, ``effective October 1,
1996'' following ``The Secretary shall make grants'' in Section
747(e)(2).
(127)Page 70, after line 2 insert:
Sec. 737. Labeling of Raw Poultry Products.--
(a) In general.--Notwithstanding any other provision of
law, none of the funds appropriated or otherwise made available
by this Act may be used to implement or enforce the final rule
related to the labeling of raw poultry products promulgated by
the Food Safety and Inspection Service on August 25, 1995 (60
Fed. Reg. 44395), and the final rule shall not be effective
during fiscal year 1997.
(b) Final rule.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Agriculture shall issue
a revised final rule related to the labeling of raw poultry
products that--
(1) maintains the standard that the term ``fresh''
may be used only for raw poultry products the internal
core temperature of which has not fallen below 26 deg.
Fahrenheit;
(2) deletes the requirement that poultry products
the internal core temperature of which has ever been
less than 26 deg. Fahrenheit, but more than 0 deg.
Fahrenheit, be labeled as ``hard chilled'' or
``previously hard chilled'', except that--
(A) the products shall be prohibited under
the rule from being labeled as ``fresh'' but
shall not be required to bear any specific
alternative labeling; and
(B) nothing in this section shall be
interpreted as modifying the requirements for
labeling of all poultry products the internal
core temperature of which has ever fallen to
0 deg. Fahrenheit as ``frozen'';
(3) provides for a tolerance from the 26 deg.
Fahrenheit standard established by the rule of--
(A) 1 deg. Fahrenheit for poultry products
within an official processing establishment;
(B) 2 deg. Fahrenheit for poultry products
in commerce;
(4) exempts from temperature testing wings,
tenders, hearts, livers, gizzards, necks, and products
that undergo special processing, such as sliced poultry
products; and
(5) in all other terms and conditions (including
the period of time permitted for implementation) is
substantively identical to the rule referred to in
subsection (a).
(c) Revised labeling standards.--Not later than 60 days
after the issuance of a revised final rule under subsection
(b), the Secretary of Agriculture, acting through the
Administrator of the Food Safety and Inspection Service, shall
issue a compliance directive for the enforcement of the revised
labeling standards established by the rule, including standards
for--
(1) temperature testing that are based on
measurements at the center of the deepest muscle; and
(2) sampling methods that ensure that the average
of individual temperatures within poultry product lots
of each specific product type (such as whole birds,
whole muscle leg products, and whole muscle breast
products) meet the standards.
(d) Severability.--If any provision of this section or the
application thereof to any person or circumstance is held
invalid, the validity of the remainder of this section and of
the application of the provision to any other persons or
circumstances shall not be affected.
(128)Page 70, after line 2 insert:
Sec. 738. Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016)
is amended by adding at the end the following:
``(j) Electronic Benefit Transfers.--
``(1) Definition of electronic benefit transfer system.--In
this subsection, the term `electronic benefit transfer system'
means a system under which a governmental entity distributes
benefits pursuant to this Act by establishing an account that
may be accessed electronically by a recipient of the benefits
or payments.
``(2) Applicable law.--Disclosures, protections,
responsibilities, and remedies established by the Federal
Reserve Board under section 904 of the Electronic Fund Transfer
Act (15 U.S.C. 1692b) shall not apply to benefits under this
Act delivered through any electronic benefit transfer system.
``(3) Replacement of benefits.--Regulations issued by the
Secretary regarding the replacement of benefits and liability
for replacement of benefits under an electronic benefit
transfer system shall be similar to the regulations in effect
for a paper-based food stamp issuance system.''.
(129)Page 70, after line 2 insert:
Sec. 739. (a) Electronic Warehouse Receipts.--Section 17(c) of the
United States Warehouse Act (7 U.S.C. 259(c)) is amended--
(1) in paragraph (1)(A), by striking ``cotton'' and
inserting ``any agricultural product'';
(2) by striking ``the cotton'' each place it appears and
inserting ``the agricultural product''; and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``in cotton''
and inserting ``in the agricultural product''; and
(B) in the last sentence of subparagraph (B)--
(i) by striking ``electronic cotton'' and
inserting ``electronic''; and
(ii) by striking ``cotton stored in a
cotton warehouse'' and inserting ``any
agricultural product stored in a warehouse''.
(b) Written Receipts.--Section 18(c) of the United States Warehouse
Act (7 U.S.C. 260(c)) is amended by striking ``consecutive''.
(130)Page 70, after line 2 insert:
Sec. 740. Hereafter, notwithstanding any other provision of law,
any domestic fish or fish product produced in compliance with food
safety standards or procedures accepted by the Food and Drug
Administration as satisfying the requirements of the ``Procedures for
the Safe and Sanitary Processing and Importing of Fish and Fish
Products'' (published by the Food and Drug Administration as a final
regulation in the Federal Register of December 18, 1995), shall be
deemed to have met any inspection requirements of the Department of
Agriculture or other Federal agency for any Federal commodity purchase
program, including the program authorized under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c) except that the Department of
Agriculture or other Federal agency may utilize lot inspection to
establish a reasonable degree of certainty that fish or fish products
purchased under a Federal commodity purchase program, including the
program authorized under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), meet Federal product specifications.
(131)Page 70, after line 2 insert:
Sec. 741. (a) Extension of Multifamily Rural Housing Loan
Program.--
(1) Authority to make loans.--Section 515(b)(4) of the
Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by
striking ``September 30, 1996'' and inserting ``September 30,
1997''.
(2) Set-aside for nonprofit entities.--The first sentence
of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C.
1485(w)(1)) is amended by striking ``fiscal year 1996'' and
inserting ``fiscal year 1997''.
(b) Extension of Housing in Underserved Areas Program.--The first
sentence of section 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C.
1479(f)(4)(A)) is amended by striking ``fiscal year 1996'' and
inserting ``fiscal year 1997''.
(c) Reforms for Multifamily Rural Housing Loan Program.--
(1) Limitation on project transfers.--Section 515 of the
Housing Act of 1949 (42 U.S.C. 1485) is amended by inserting
after subsection (g) the following new subsection:
``(h) Project Transfers.--After the date of the enactment of the
Act entitled `An Act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 1997, and for other
purposes', the ownership or control of a project for which a loan is
made or insured under this section may be transferred only if the
Secretary determines that such transfer would further the provision of
housing and related facilities for low-income families or persons and
would be in the best interests of residents and the Federal
Government.''.
(2) Equity loans.--Section 515(t) of the Housing Act of
1949 (42 U.S.C. 1485(t)) is amended--
(A) by striking paragraphs (4) and (5); and
(B) by redesignating paragraphs (6) through (8) as
paragraphs (4) through (6), respectively.
(3) Equity takeout loans to extend low-income use.--
(A) Authority and limitation.--Section
502(c)(4)(B)(iv) of the Housing Act of 1949 (42 U.S.C.
1472(c)(4)(B)(iv)) is amended by inserting before the
period at the end the following: ``or under paragraphs
(1) and (2) of section 514(j), except that an equity
loan referred to in this clause may not be made
available after the date of the enactment of the Act
entitled `An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes', unless the
Secretary determines that the other incentives
available under this subparagraph are not adequate to
provide a fair return on the investment of the
borrower, to prevent prepayment of the loan insured
under section 514 or 515, or to prevent the
displacement of tenants of the housing for which the
loan was made''.
(B) Approval of assistance.--Section 502(c)(4)(C)
of the Housing Act of 1949 (42 U.S.C. 1472(c)(4)(C)) is
amended by striking ``(C)'' and all that follows
through ``provided--'' and inserting the following:
``(C) Approval of assistance.--The Secretary may approve assistance
under subparagraph (B) for assisted housing only if the restrictive
period has expired for any loan for the housing made or insured under
section 514 or 515 pursuant to a contract entered into after December
21, 1979, but before the date of the enactment of the Department of
Housing and Urban Development Reform Act of 1989, and the Secretary
determines that the combination of assistance provided--''.
(C) Technical correction.--Section 515(c)(1) of the
Housing Act of 1949 (42 U.S.C. 1485(c)(1)) is amended
by striking ``December 21, 1979'' and inserting
``December 15, 1989''.
(d) Equity Skimming Penalties.--
(1) Insurance of loans for the provision of housing and related
facilities for domestic farm labor.--Section 514 of the Housing Act of
1949 (42 U.S.C. 1484) is amended by adding at the end the following new
subsection:
``(j) Equity Skimming Penalty.--Whoever, as an owner, agent, or
manager, or who is otherwise in custody, control, or possession of
property that is security for a loan made or insured under this section
willfully uses, or authorizes the use, of any part of the rents,
assets, proceeds, income, or other funds derived from such property,
for any purpose other than to meet actual or necessary expenses of the
property, or for any other purpose not authorized by this title or the
regulations adopted pursuant to this title, shall be fined not more
than $250,000 or imprisoned not more than 5 years, or both.''.
(2) Direct and insured loans to provide housing and related
facilities for elderly persons and families in rural areas.--
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is
amended by adding at the end the following new subsection:
``(aa) Equity Skimming Penalty.--Whoever, as an owner, agent, or
manager, or who is otherwise in custody, control, or possession of
property that is security for a loan made or insured under this section
willfully uses, or authorizes the use, of any part of the rents,
assets, proceeds, income, or other funds derived from such property,
for any purpose other than to meet actual or necessary expenses of the
property, or for any other purpose not authorized by this title or the
regulations adopted pursuant to this title, shall be fined not more
than $250,000 or imprisoned not more than 5 years, or both.''.
(132)Page 70, after line 2 insert:
Sec. 742. Reauthorization of National Aquaculture Act of 1980.--
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809) is
amended by striking ``1991, 1992, and 1993'' each place it appears and
inserting ``1991 through 1997''.
(133)Page 70, after line 2 insert:
Sec. 743. Department of Agriculture Voluntary Separation Incentive
Payments.--
(a) Definitions.--For the purposes of this section--
(1) the term ``agency'' means the Department of
Agriculture;
(2) the term ``employee'' means an employee (as
defined by section 2105 of title 5, United States Code)
who is employed by the agency (or an individual
employed by a county committee established under
section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5))), is serving under
an appointment without time limitation, and has been
currently employed for a continuous period of at least
3 years, but does not include--
(A) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84 of title 5,
United States Code, or another retirement
system for employees of the agency;
(B) an employee having a disability on the
basis of which such employee is or would be
eligible for disability retirement under the
applicable retirement system referred to in
subparagraph (A);
(C) an employee who is in receipt of a
specific notice of involuntary separation for
misconduct or unacceptable performance;
(D) an employee who, upon completing an
additional period of service as referred to in
section 3(b)(2)(B)(ii) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 5597 note),
would qualify for a voluntary separation
incentive payment under section 3 of such Act;
(E) an employee who has previously received
any voluntary separation incentive payment by
the Federal Government under this section or
any other authority and has not repaid such
payment;
(F) an employee covered by statutory
reemployment rights who is on transfer to
another organization; or
(G) any employee who, during the twenty
four month period preceding the date of
separation, has received a recruitment or
relocation bonus under section 5753 of title 5,
United States Code, or who, within the twelve
month period preceding the date of separation,
received a retention allowance under section
5754 of title 5, United States Code.
(b) Agency strategic plan.--
(1) In general.--The head of the agency, prior to
obligating any resources for voluntary separation
incentive payments, shall submit to the House and
Senate Committees on Appropriations and the Committee
on Governmental Affairs of the Senate and the Committee
on Government Reform and Oversight of the House of
Representatives a strategic plan outlining the intended
use of such incentive payments and a proposed
organizational chart for the agency once such incentive
payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be
reduced or eliminated, identified by
organizational unit, geographic location,
occupational category and grade level;
(B) the number and amounts of voluntary
separation incentive payments to be offered;
and
(C) a description of how the agency will
operate without the eliminated positions and
functions.
(c) Authority to provide voluntary separation incentive
Payments.--
(1) In general.--A voluntary separation incentive
payment under this section may be paid by an agency to
any employee only to the extent necessary to eliminate
the positions and functions identified by the strategic
plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment--
(A) shall be paid in a lump sum after the
employee's separation;
(B) shall be paid from appropriations or
funds available for the payment of the basic
pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount
the employee would be entitled to
receive under section 5595(c) of title
5, United States Code; or
(ii) an amount determined by the
agency head not to exceed $25,000 in
fiscal year 1997, $20,000 in fiscal
year 1998, $15,000 in fiscal year 1999,
or $10,000 in fiscal year 2000;
(D) shall not be a basis for payment, and
shall not be included in the computation, of
any other type of Government benefit; and
(E) shall not be taken into account in
determining the amount of any severance pay to
which the employee may be entitled under
section 5595 of title 5, United States Code,
based on any other separation.
(3) Limitation.--No amount shall be payable under
this section based on any separation occurring before
the date of the enactment of this Act, or after
September 30, 2000.
(d) Additional agency contributions to the retirement
fund.--
(1) In general.--In addition to any other payments
which it is required to make under subchapter III of
chapter 83 of title 5, United States Code, the agency
shall remit to the Office of Personnel Management for
deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund an amount equal to 15 percent of the final basic
pay of each employee of the agency who is covered under
subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, to whom a voluntary separation
incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1),
the term ``final basic pay'', with respect to an
employee, means the total amount of basic pay which
would be payable for a year of service by such
employee, computed using the employee's final rate of
basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) Effect of subsequent employment with the government.--
An individual who has received a voluntary separation incentive
payment under this section and accepts any employment for
compensation with the Government of the United States, or who
works for any agency of the United States Government through a
personal services contract, within 5 years after the date of
the separation on which the payment is based shall be required
to pay, prior to the individual's first day of employment, the
entire amount of the incentive payment to the agency that paid
the incentive payment.
(f) Reduction of agency employment levels.--
(1) In general.--The total number of funded
employee positions in the agency shall be reduced by
one position for each vacancy created by the separation
of any employee who has received, or is due to receive,
a voluntary separation incentive payment under this
section. For the purposes of this subsection, positions
shall be counted on a full-time-equivalent basis.
(2) Enforcement.--The President, through the Office
of Management and Budget, shall monitor the agency and
take any action necessary to ensure that the
requirements of this subsection are met.
(g) Effective date.--This section shall take effect October
1, 1996.
(134)Page 70, after line 2 insert:
Sec. 744. Section 101(b) of the Agriculture and Food Act of 1981
(Public Law 97-98; 7 U.S.C. 608c note) is amended by striking ``1996''
and inserting ``2002''.
(135)Page 70, after line 2 insert:
Sec. 745. Review and Report on H-2A Nonimmigrant Workers Program.--
(a) Sense of the Congress.--It is the sense of the Congress
that the enactment of this Act may impact the future
availability of an adequate work force for the producers of our
Nation's labor intensive agricultural commodities and
livestock.
(b) Review.--The Comptroller General shall review the
effectiveness of the H-2A nonimmigrant worker program to ensure
that the program provides a workable safety valve in the event
of future shortages of domestic workers after the enactment of
this Act. Among other things, the Comptroller General shall
review the program to determine--
(1) that the program ensures that an adequate
supply of qualified United States workers is available
at the time and place needed for employers seeking such
workers after the date of enactment of this Act;
(2) that the program ensures that there is timely
approval of applications for temporary foreign workers
under the H-2A nonimmigrant worker program in the event
of shortages of United States workers after the date of
enactment of this Act;
(3) that the program ensures that implementation of
the H-2A nonimmigrant worker program is not displacing
United States agricultural workers or diminishing the
terms and conditions of employment of United States
agricultural workers; and
(4) if and to what extent the H-2A nonimmigrant
worker program is contributing to the problem of
illegal immigration.
(c) Report.--Not later than December 31, 1996, or three
months after the date of enactment of this Act, whichever is
sooner, the Comptroller General shall submit a report to
Congress setting forth the findings of the review conducted
under subsection (b).
(d) Definitions.--As used in this section--
(1) the term ``Comptroller General'' means the
Comptroller General of the United States; and
(2) the term ``H-2A nonimmigrant worker program''
means the program for the admission of nonimmigrant
aliens described in section 101(a)(15)(H)(ii)(A) of the
Immigration and Nationality Act.
(136)Page 70, after line 2 insert:
Sec. 746. Northern Forest Stewardship.--
(a) Findings.--With respect to the Northern Forest in the
States of Maine, New Hampshire, New York, and Vermont, Congress
finds that--
(1) the current land ownership and management
patterns have served the people and forests of the
region well; public policies relating to the Northern
Forest should seek to reinforce rather than replace the
patterns of ownership and use that have characterized
lands in the Northern Forest for decades;
(2) people have a right to participate in decisions
that affect them;
(3) the rights of private property owners must be
respected;
(4) natural systems must be sustained over the long
term, including air, soil, water, and the diversity of
plant and animal species;
(5) the history and culture of the Northern Forest
and the connections between people and the land must be
respected;
(6) States should work in partnership with local
governments and the Federal Government;
(7) differences among the 4 Northern Forest States
must be recognized;
(8) people must appreciate that the Northern Forest
has values that are important beyond the boundaries of
the Northern Forest;
(9) because public funds are scarce, the greatest
public benefit must be secured for any additional
investment;
(10) proposals must be judged by their long-term
benefits, looking at least 50 years into the future;
(11) programs and regulations in existence on the
date of enactment of this Act should be continually
evaluated, built upon, and improved before new ones are
created;
(12) the actions described in this section are most
appropriately directed by the States, with assistance
from the Federal Government, as requested by the
States;
(13) certain Federal tax policies work against the
long-term ownership, management, and conservation of
forest land in the Northern Forest region, and Congress
and the President should enact additional legislation
to address those tax policies as soon as possible; and
(14) this section effectuates certain
recommendations of the Northern Forest Lands Council
that were developed with broad public input and the
involvement of Federal, State, and local governments.
(b) Principles of Sustainability.--
(1) In general.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, is
authorized, at the request of the State of Maine, New
Hampshire, New York, or Vermont, to provide technical
assistance for a State-based initiative directed by the
State, to define the appropriate benchmarks of
sustainable forest management that address the
principles of sustainability, as recommended by the
Northern Forest Lands Council.
(2) Principles of sustainability.--It is the sense
of Congress that for the purposes of paragraph (1),
principles of sustainability should include--
(A) maintenance of soil productivity;
(B) conservation of water quality,
wetlands, and riparian zones;
(C) maintenance or creation of a healthy
balance of forest age classes;
(D) continuous flow of timber, pulpwood,
and other forest products;
(E) improvement of the overall quality of
the timber resource as a foundation for more
value-added opportunities;
(F) addressing scenic quality by limiting
adverse aesthetic impacts of forest harvesting,
particularly in high-elevation areas and
vistas;
(G) conservation and enhancement of
habitats that support a full range of native
flora and fauna;
(H) protection of unique or fragile natural
areas; and
(I) continuation of opportunities for
traditional recreation.
(c) Northern Forest Research Cooperative.--The Secretary of
Agriculture, acting through the Northeastern Forest Experiment
Station and the Chief of the Forest Service, is authorized, at
the request of the State of Maine, New Hampshire, New York, or
Vermont, to cooperate with the State, the land grant
universities of the State, natural resource and forestry
schools, other Federal agencies, and other interested parties
in coordinating ecological and economic research, including--
(1) research at those universities on ecosystem
health, forest management, product development,
economics, and related fields;
(2) development of specific forest management
guidelines to achieve principles of sustainability
described in subsection (b) as recommended by the
Northern Forest Lands Council;
(3) technology transfer to the wood products
industry on efficient processing, pollution prevention,
and energy conservation;
(4) dissemination of existing and new information
to landowners, public and private resource managers,
State forest citizen advisory committees, and the
general public through professional associations,
publications, and other information clearinghouse
activities; and
(5) analysis of strategies for the protection of
areas of outstanding ecological significance, high
biodiversity, and the provision of important
recreational opportunities, including strategies for
areas identified through State land acquisition
planning processes.
(d) Interstate Coordination Strategy.--At the request of
the States of Maine, New Hampshire, New York, and Vermont, the
Chief of the Forest Service is authorized to make a
representative of the State and Private Forest Program
available to meet with representatives of the States to
coordinate the implementation of Federal and State policy
recommendations issued by the Northern Forest Lands Council and
other policies agreed to by the States.
(e) Land Conservation.--.
(1) Federal assistance.--The Secretary of
Agriculture (acting through the Chief of the Forest
Service) and the Secretary of the Interior (acting
through the Director of the National Park Service and
Director of the United States Fish and Wildlife
Service) at the request of the State of Maine, New
Hampshire, Vermont, or New York, is authorized to
provide technical and financial assistance for a State-
managed public land acquisition planning process and
land acquisition initiatives directed by the State.
(2) Program development.--A goal-oriented planning
process for a State described in paragraph (1) to
establish a land conservation program shall include--
(A) identification of, and setting of
priorities for the acquisition of, fee or less-
than-fee interests in exceptional and important
lands, in accordance with criteria that
include--
(i) places offering outstanding
recreational opportunities, including
locations for hunting, fishing,
trapping, hiking, camping, and other
forms of back-country recreation;
(ii) recreational access to river
and lake shorelines;
(iii) land supporting vital
ecological functions and values;
(iv) habitats for rare, threatened,
or endangered natural communities,
plants, and wildlife;
(v) areas of outstanding scenic
value and significant geological
features; and
(vi) working private forest lands
that are of such significance or so
threatened by conversion that
conservation easements should be
purchased;
(B) acquisition of land and interests in
land only from willing sellers;
(C) involvement of local governments and
landowners in the planning process in a
meaningful way that acknowledges their concerns
about public land acquisition;
(D) recognition that zoning, while an
important land use mechanism, is not an
appropriate substitution for acquisition;
(E) assurances that unilateral eminent
domain will only be used with the consent of
the landowner to clear title and establish
purchase prices;
(F) efficient use of public funds by
purchasing only the rights necessary to best
identify and protect exceptional values;
(G) consideration of the potential impacts
and benefits of land and easement acquisition
on local and regional economies;
(H) consideration of the necessity of
including costs of future public land
management in the assessment of overall costs
of acquisition;
(I) minimization of adverse tax
consequences to municipalities by making funds
available to continue to pay property taxes
based at least on current use valuation of
parcels acquired, payments in lieu of taxes,
user fee revenues, or other benefits, where
appropriate;
(J) identification of the potential for
exchanging public land for privately held land
of greater public value; and
(K) assurances that any land or interests
inland that are acquired are used and managed
for their intended purposes.
(3) Willing seller.--No Federal funds made
available to carry out this section may be expended for
acquisition of private or public property unless the
owner of the property willingly offers the property for
sale.
(4) Land acquisition.--
(A) Funding.--After completion of the
planning process under paragraph (2), a Federal
and State cooperative land acquisition project
under this section may be carried out with
funding provided exclusively by the Federal
Government or with funding provided by both the
Federal Government and a State government.
(B) Objectives.--A cooperative land
acquisition project funded under this section
shall promote State land conservation
objectives that correspond with Federal goals
and the recommendations of the Northern Forest
Lands Council.
(5) Complementary program.--The Secretary of the
Interior shall conduct activities under this
subsection--
(A) as a complement to the State
Comprehensive Outdoor Recreation Plan for each
Northern Forest State in existence on the date
of enactment of this section; and
(B) with a landscape perspective.
(6) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated, out of any funds made available
for State purposes under section 6 of the Land
and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-8), such sums as are necessary to
carry out this subsection.
(B) Effect on apportionment.--Apportionment
among the States under section 6(b) of the Act
(16 U.S.C. 460l-8(b)) shall be from funds not
appropriated under subparagraph (A).
(f) Landowner Liability Exemption.--
(1) Findings.--Congress finds that--
(A) many landowners keep their land open
and available for responsible recreation; and
(B) private lands help provide important
forest-based recreation opportunities for the
public in the Northern Forest region.
(2) Sense of congress.--It is the sense of Congress
that States and other interested persons should pursue
initiatives that--
(A) strengthen relief-from-liability laws
to protect landowners that allow responsible
public recreational use of their lands;
(B) update relief-from-liability laws to
establish hold-harmless mechanisms for
landowners that open their land to public use,
including provision for payment by the State of
the costs of a landowner's defense against
personal injury suits and of the costs of
repairing property damage and removing litter;
(C) private additional reductions in
property taxes for landowners that allow
responsible public recreational use of their
lands;
(D) provide for purchases by the State of
land in fee and of temporary and permanent
recreation easements and leases, including
rights of access;
(E) foster State and private cooperative
recreation agreements;
(F) create recreation coordinator and
landowner liaison and remote ranger positions
in State government to assist in the management
of public use of private lands and provide
recreation opportunities and other similar
services;
(G) strengthen enforcement of trespass,
antilittering, and antidumping laws;
(H) improve recreation user education
programs; and
(I) improve capacity in State park and
recreation agencies to measure recreational use
(including types, amounts, locations, and
concentrations of use) and identify and address
trends in use before the trends create
problems.
(g) Nongame Conservation.--
(1) Findings.--Congress finds that--
(A) private landowners often manage their
lands in ways that produce a variety of public
benefits, including wildlife habitat; and
(B) there should be more incentives for
private landowners to exceed current forest
management standards and responsibilities under
Federal laws.
(2) Sense of congress.--It is the sense of Congress
that Congress should make it a priority to consider
legislation that creates a funding mechanism to support
the conservation of nongame fish and wildlife and
associated recreation activities on public and private
lands and does not replace, substitute, or duplicate
existing laws that support game fish and wildlife.
(h) Water Quality.--The Administrator of the Environmental
Protection Agency, in cooperation with the Secretary of
Agriculture and the Secretary of the Interior, is authorized,
at the request of the State of Maine, New Hampshire, New York,
or Vermont, to provide technical and financial assistance to
assess water quality trends within the Northern Forest region.
(i) Rural Community Assistance.--
(1) In general.--The Secretary of Agriculture is
authorized, at the request of the State of Maine, New
Hampshire, New York, or Vermont, to provide technical
and financial assistance to the State, working in
partnership with the forest products industry, local
communities, and other interests to develop technical
and marketing capacity within rural communities for
realizing value-added opportunities in the forest
products sector.
(2) Rural community assistance program.--Sufficient
funds from the rural community assistance program under
paragraph (1) shall be directed to support State-based
public and private initiatives to--
(A) strengthen partnerships between the
public and private sectors and enhance the
viability of rural communities;
(B) develop technical capacity in the
utilization and marketing of value-added forest
products; and
(C) develop extension capacity in
delivering utilization and marketing
information to forest-based businesses.
(j) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
subsections (b), (c), (d), (e), (h), and (i) of this section
and section 2371 of the Rural Economic Development Act of 1990
(7 U.S.C. 6601) in the States of Maine, New Hampshire, New
York, and Vermont.
(k) Applicability.--This section shall be in effect during
fiscal year 1997 and each fiscal year thereafter.
(137)Page 70, after line 2 insert:
Sec. 747. Barley Payments.--Section 113 of Public Law 104-127 is
amended by inserting a new subsection (g) that reads:
``(g) Adjustment in Barley Allocation.--In addition to the
adjustments required under subsection (c), the amount allocated under
subsection (b) for barley contract payments shall be increased by
$20,000,000 in fiscal year 1998, and shall be reduced by $5,000,000 in
each of fiscal years 1999-2002.''.
(138)Page 70, after line 2 insert:
Sec. 748. Interim Moratorium on Bypass Flows.--
(a) Moratorium.--Section 389(a) of Public Law 104-127 is
amended by striking ``an 18-month'' after the word ``be'' and
inserting ``a 20-month''.
(b) Report.--Section 389(d)(4) of Public Law 104-127 is
amended by striking ``1 year'' after the word ``than'' and
inserting ``14 months''.
(c) Extension for Delay.--Section 389 of public law 104-127
is amended by adding at the end the following new subsection--
``(e) Extension for Delay.--There shall be a day-for-day
extension to the 20-month moratorium required by subsection (a)
and a day-for-day extension to the report required by
subsection (d)(4)--
``(1) for every day of delay in implementing or
establishing the Water Rights Task Force caused by a
failure to nominate Task Force members by the
Administration or by the Congress; or
``(2) for every day of delay caused by a failure by
the Secretary of Agriculture to identify adequate
resources as determined by the Secretary of Agriculture
to carry out the purposes of the task force.''.
(139)Page 70, after line 2 insert:
Sec. 749. Easements on Inventoried Property.--None of the funds
appropriated or otherwise made available by this Act may be used by the
Secretary of Agriculture to establish a wetland conservation easement
under section 335(g) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1985(g)) on an inventoried property that was used for farming
(including haying and grazing) at any time during the period beginning
on the date 5 years before the property entered the inventory of the
Secretary and ending on the date the property entered the inventory of
the Secretary, to the extent that land would otherwise be eligible for
an easement haying and grazing must be done, according to a plan
approved by the Natural Resources Conservation Service.
(140)Page 70, after line 2 insert:
Sec. 750. Grants for Precision Agricultural Technologies.--Section
793(c)(2)(A) of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 2204f(c)(2)(A)) is amended--
(1) in clause (vii), by striking ``and'' at the end;
(2) in clause (viii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(ix) develop and apply precision
agricultural technologies.''.
(141)Page 70, after line 2 insert:
Sec. 751. Sense of Senate on Canadian Wheat and Barley Exports.--It
is the sense of the Senate that--
(1) the United States Trade Representative should continue
to carefully monitor the export of wheat and barley from
western Canada to the United States;
(2) the bilateral Memorandum of Understanding with Canada
clearly states that the United States--
(A) will not accept market disruptions from imports
of Canadian grains; and
(B) will use its trade laws if it appears likely
that market disruptions will occur;
(3) the United States Trade Representative should monitor
any policy changes by the Canadian Government, acting through
the Canadian Wheat Board, that have the potential for
increasing the exports of Canadian grains to the United States;
(4) family farmers of the United States should not be
subjected to increases in the 1-way channel of Canadian grain
exports to the United States that unfairly disrupt the grain
transportation systems and depress the prices received by
farmers; and
(5) the United States Trade Representative should be
prepared to support the use of antidumping laws, countervailing
duty laws, section 301 of the Trade Act of 1974 (19 U.S.C.
2411), and other United States laws consistent with the
international obligations of the United States, if--
(A) the Canadian Government implements the changes
described in paragraph (3) without a resolution of the
underlying cross-border grain trading issues between
the United States and Canada; and
(B) the changes lead to unfair and injurious
exports of Canadian grain to the United States.
(142)Page 70, after line 2 insert:
Sec. 752. No funds appropriated or otherwise made available to the
Secretary of Agriculture may be used to administer section 118(b)(2)(A)
of the Agricultural Marketing Transition Act unless the planting of a
fruit or vegetable on contract acreage, if planted subsequent to the
failure of a contract commodity on the same acreage within the same
crop year is permitted on contract acreage: Provided, That this
provision shall take effect upon the date of enactment of this Act into
law.
(143)Page 70, after line 2 insert:
Sec. 753. Planting of Wild Rice on Contract Acreage.--None of the
funds appropriated in this Act may be used to administer the provision
of contract payments to a producer under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.) for contract acreage on which
wild rice is planted unless the contract payment is reduced by an acre
for each contract acre planted to wild rice.
(144)Page 70, after line 2 insert:
TITLE VIII--SUPPLEMENTAL APPROPRIATIONS AND RESCISSION FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1996
(145)Page 70, after line 2 insert:
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For an additional amount for the Agricultural Credit Insurance Fund
Program Account for the additional cost of emergency insured loans
authorized by 7 U.S.C. 1928-1929, including the cost of modifying such
loans as defined in section 502 of the Congressional Budget Act of
1974, resulting from droughts in the Western United States, Hurricane
Bertha, and other natural disasters, to remain available until
expended, $25,000,000: Provided, That these funds are available to
subsidize additional gross obligations for the principal amount of
direct loans of $85,208,000: Provided further, That the entire amount
is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the amount
shall be available to the extent that the President notifies Congress
of his designation of any or all of these amounts as an emergency
requirement under section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(146)Page 70, after line 2 insert:
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco, and Firearms
salaries and expenses
For an additional amount for ``Salaries and Expenses'', to be used
in connection with investigations of arson or violence against
religious institutions, $12,011,000, to remain available until
expended.
Internal Revenue Service
information systems
(rescission)
Of the funds made available under this heading in Public Law 104-
52, $16,500,000 are rescinded.
(147)Page 70, after line 2 insert:
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1997''.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 3603
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AMENDMENTS
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