[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3603 Public Print (PP)]
104th CONGRESS
2d Session
H. R. 3603
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 1996
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 1997, and for other
purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this amount,
along with any unobligated balances of representation funds in the
Foreign Agricultural Service shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary(1)<DELETED>:-Provided further, That none of the funds
appropriated or otherwise made available by this Act may be used to
detail an individual from an agency funded in this Act to any Under
Secretary office or Assistant Secretary office for more than 30
days</DELETED>: Provided further, That none of the funds made available
by this Act may be used to enforce section 793(d) of Public Law 104-
127.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, and the functions of
the World Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $4,231,000.
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,718,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $5,000 is for employment under 5 U.S.C. 3109, $5,986,000.
Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $10,000 is for employment under 5 U.S.C. 3109, $4,283,000:
Provided, That the Chief Financial Officer shall actively market cross-
servicing activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded in this
Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for the operation,
maintenance, and repair of Agriculture buildings, $120,548,000:
Provided, That in the event an agency within the Department should
require modification of space needs, the Secretary of Agriculture may
transfer a share of that agency's appropriation made available by this
Act to this appropriation, or may transfer a share of this
appropriation to that agency's appropriation, but such transfers shall
not exceed 5 percent of the funds made available for space rental and
related costs to or from this account. In addition, for construction,
repair, improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the programs of the
Department, where not otherwise provided,
(2)<DELETED>$5,000,000</DELETED>, $23,505,400 to remain available until
expended; making a total appropriation of (3)<DELETED>$125,548,000
</DELETED>$144,053,400.
Hazardous Waste Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended, 42
U.S.C. 9607(g), and section 6001 of the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6961, $15,700,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Waste Management may
be transferred to any agency of the Department for its use in meeting
all requirements pursuant to the above Acts on Federal and non-Federal
lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, (4)<DELETED>$28,304,000
</DELETED>$30,529,000, to provide for necessary expenses for management
support services to offices of the Department and for general
administration and disaster management of the Department, repairs and
alterations, and other miscellaneous supplies and expenses not
otherwise provided for and necessary for the practical and efficient
work of the Department, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
of which not to exceed $10,000 is for employment under 5 U.S.C. 3109:
Provided, That this appropriation shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551-558(5): Provided further, That
of the total amount appropriated, not less than $11,774,000 shall be
made available for civil rights enforcement.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
in this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, (6)<DELETED>$3,728,000</DELETED>
$3,668,000: Provided, That no other funds appropriated to the
Department in this Act shall be available to the Department for support
of activities of congressional relations: Provided further, That not
less than $2,241,000 shall be transferred to agencies funded in this
Act to maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the
dissemination of agricultural information, and the coordination of
information, work, and programs authorized by Congress in the
Department, $8,138,000, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
of which not to exceed $10,000 shall be available for employment under
5 U.S.C. 3109, and not to exceed $2,000,000 may be used for farmers'
bulletins.
Office of the Inspector General
(including transfers of funds)
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General
Act of 1978, as amended, $63,028,000, including such sums as may be
necessary for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the Inspector
General Act of 1978, as amended, including a sum not to exceed $50,000
for employment under 5 U.S.C. 3109; and including a sum not to exceed
$95,000 for certain confidential operational expenses including the
payment of informants, to be expended under the direction of the
Inspector General pursuant to Public Law 95-452 and section 1337 of
Public Law 97-98: Provided, That funds transferred to the Office of the
Inspector General through forfeiture proceedings or from the Department
of Justice Assets Forfeiture Fund or the Department of the Treasury
Forfeiture Fund, as a participating agency, as an equitable share from
the forfeiture of property in investigations in which the Office of the
Inspector General participates, or through the granting of a Petition
for Remission or Mitigation, shall be deposited to the credit of this
account for law enforcement activities authorized under the Inspector
General Act of 1978, as amended, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$27,749,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$540,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
(7)<DELETED>$54,176,000</DELETED> $53,109,000: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture
notwithstanding 13 U.S.C. 142(a-b), as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
(8)<DELETED>$100,221,000</DELETED> $98,121,000, of which up to
$17,500,000 shall be available until expended for the Census of
Agriculture: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be
available for employment under 5 U.S.C. 3109.
Agricultural Research Service
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, (9)<DELETED>$702,831,000</DELETED>
$722,839,600: Provided, That appropriations hereunder shall be
available for temporary employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That appropriations hereunder shall be available for
the operation and maintenance of aircraft and the purchase of not to
exceed one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided the cost of constructing any one building
shall not exceed $250,000, except for headhouses or greenhouses which
shall each be limited to $1,000,000, and except for ten buildings to be
constructed or improved at a cost not to exceed $500,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$250,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization
or replacement of existing facilities at Beltsville, Maryland: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by law
(10): 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.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing
of tobacco or tobacco products.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided,
(11)<DELETED>$59,600,000</DELETED> $59,200,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That funds may be received
from any State, other political subdivision, organization, or
individual for the purpose of establishing any research facility of the
Agricultural Research Service, as authorized by law.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including (12)<DELETED>$163,671,000</DELETED> $168,734,000 to carry
into effect the provisions of the Hatch Act (7 U.S.C. 361a-361i);
(13)<DELETED>$19,882,000</DELETED> $20,497,000 for grants for
cooperative forestry research (16 U.S.C. 582a-582-a7);
(14)<DELETED>$26,902,000</DELETED> $27,735,000 for payments to the 1890
land-grant colleges, including Tuskegee University (7 U.S.C. 3222);
(15)<DELETED>$44,235,000</DELETED> $47,080,000 for special grants for
agricultural research (7 U.S.C. 450i(c)); $11,769,000 for special
grants for agricultural research on improved pest control (7 U.S.C.
450i(c)); (16)<DELETED>$96,735,000</DELETED> $93,935,000 for
competitive research grants (7 U.S.C. 450i(b)); (17)<DELETED>$4,775,000</DELETED>
$5,051,000 for the support of animal health and disease programs (7
U.S.C. 3195); (18)<DELETED>$650,000</DELETED> $500,000 for supplemental
and alternative crops and products (7 U.S.C. 3319d);
(19)<DELETED>$500,000</DELETED> $700,000 for grants for research
pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C.
178) and section 1472 of the Food and Agriculture Act of 1977, as
amended (7 U.S.C. 3318), to remain available until expended; $475,000
for rangeland research grants (7 U.S.C. 3331-3336); $3,000,000 for
higher education graduate fellowships grants (7 U.S.C. 3152(b)(6)), to
remain available until expended (7 U.S.C. 2209b); $4,000,000 for higher
education challenge grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a
higher education minority scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b);
(20)<DELETED>$2,000,000</DELETED> $1,500,000 for an education grants
program for Hispanic-serving Institutions (7 U.S.C. 3241); $4,000,000
for aquaculture grants (7 U.S.C. 3322); (21)<DELETED>$8,000,000</DELETED>
$8,100,000 for sustainable agriculture research and education (7 U.S.C.
5811); $9,200,000 for a program of capacity building grants (22)(7
U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act
of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
University (23)<DELETED>7 U.S.C. 3152(b)(4),</DELETED> to remain
available until expended (7 U.S.C. 2209b); $1,450,000 for payments to
the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103-
382; and (24)<DELETED>$9,605,000</DELETED> $10,644,000 for necessary
expenses of Research and Education Activities, of which not to exceed
$100,000 shall be for employment under 5 U.S.C. 3109; in all,
(25)<DELETED>$411,849,000</DELETED> $419,370,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing
of tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions endowment fund,
as authorized by Public Law 130-382 (7 U.S.C. 301 note), $4,600,000.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
and for grants to States and other eligible recipients for such
purposes, as necessary to carry out the agricultural research,
extension, and teaching programs of the Department of Agriculture,
where not otherwise provided, (26)<DELETED>$30,449,000</DELETED>
$55,668,000 (7 U.S.C. 390 et seq.), to remain available until expended
(7 U.S.C. 2209b).
Extension Activities
Payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa:
For payments for cooperative extension work under the Smith-Lever Act,
as amended, to be distributed under sections 3(b) and 3(c) of said Act,
and under section 208(c) of Public Law 93-471, for retirement and
employees' compensation costs for extension agents and for costs of
penalty mail for cooperative extension agents and State extension
directors, (27)<DELETED>$260,438,000</DELETED> $268,493,000;
(28)$2,500,000 for extension work at the 1994 Institutions under the
Smith-Lever Act (7 U.S.C. 343(b)(3)); payments for the nutrition and
family education program for low-income areas under section 3(d) of the
Act, (29)<DELETED>$58,695,000</DELETED> $60,510,000; payments for the
pest management program under section 3(d) of the Act, $10,783,000;
payments for the farm safety program under section 3(d) of the Act,
(30)<DELETED>$2,855,000</DELETED> $2,943,000; payments for the
pesticide impact assessment program under section 3(d) of the Act,
(31)<DELETED>$3,214,000</DELETED> $3,313,000; payments to upgrade 1890
land-grant college research, extension, and teaching facilities as
authorized by section 1447 of Public Law 95-113, as amended (7 U.S.C.
3222b), (32)<DELETED>$7,549,000</DELETED> $7,782,000, to remain
available until expended; (33)$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); payments for the rural
development centers under section 3(d) of the Act,
(34)<DELETED>$908,000</DELETED> $936,000; payments for a groundwater
quality program under section 3(d) of the Act, (35)<DELETED>$10,733,000</DELETED>
$11,065,000; payments for the agricultural telecommunications program,
as authorized by Public Law 101-624 (7 U.S.C. 5926),
(36)<DELETED>$1,167,000</DELETED> $1,203,000; payments for youth-at-
risk programs under section 3(d) of the Act, (37)<DELETED>$9,554,000</DELETED>
$9,850,000; payments for a food safety program under section 3(d) of
the Act, (38)<DELETED>$2,365,000</DELETED> $2,438,000; payments for
carrying out the provisions of the Renewable Resources Extension Act of
1978, (39)<DELETED>$3,192,000</DELETED> $3,291,000; payments for Indian
reservation agents under section 3(d) of the Act,
(40)<DELETED>$1,672,000</DELETED> $1,724,000; payments for sustainable
agriculture programs under section 3(d) of the Act,
(41)<DELETED>$3,309,000</DELETED> $3,411,000; payments for rural health
and safety education as authorized by section 2390 of Public Law 101-
624 (7 U.S.C. 2661 note, 2662), (42)<DELETED>$2,628,000</DELETED>
$2,709,000; payments for cooperative extension work by the colleges
receiving the benefits of the second Morrill Act (7 U.S.C. 321-326,
328) and Tuskegee University, (43)<DELETED>$24,337,000</DELETED>
$25,090,000; and for Federal administration and coordination including
administration of the Smith-Lever Act, as amended, and the Act of
September 29, 1977 (7 U.S.C. 341-349), as amended, and section 1361(c)
of the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate
and provide program leadership for the extension work of the Department
and the several States and insular possessions, (44)<DELETED>$6,271,000</DELETED>
$11,331,000; in all, (45)<DELETED>$409,670,000</DELETED> $431,072,000:
Provided, That funds hereby appropriated pursuant to section 3(c) of
the Act of June 26, 1953, and section 506 of the Act of June 23, 1972,
as amended, shall not be paid to any State, the District of Columbia,
Puerto Rico, Guam, or the Virgin Islands, Micronesia, Northern
Marianas, and American Samoa prior to availability of an equal sum from
non-Federal sources for expenditure during the current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Assistant
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service, Agricultural Marketing Service, and the Grain
Inspection, Packers and Stockyards Administration, $618,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947, as amended (21 U.S.C. 114b-c),
necessary to prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; to discharge the authorities of the Secretary of
Agriculture under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.
426-426b); and to protect the environment, as authorized by law,
(46)<DELETED>$435,428,000</DELETED> $432,103,000, of which
(47)<DELETED>$4,500,000 </DELETED>$5,000,000 shall be available for the
control of outbreaks of insects, plant diseases, animal diseases and
for control of pest animals and birds to the extent necessary to meet
emergency conditions: Provided, That no funds shall be used to
formulate or administer a brucellosis eradication program for the
current fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for field employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $40,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed four, of which two shall be for replacement
only: Provided further, That, in addition, in emergencies which
threaten any segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department such sums
as he may deem necessary, to be available only in such emergencies for
the arrest and eradication of contagious or infectious disease or pests
of animals, poultry, or plants, and for expenses in accordance with the
Act of February 28, 1947, as amended, and section 102 of the Act of
September 21, 1944, as amended, and any unexpended balances of funds
transferred for such emergency purposes in the next preceding fiscal
year shall be merged with such transferred amounts: Provided further,
That appropriations hereunder shall be available pursuant to law (7
U.S.C. 2250) for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 1997 the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be credited to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
1997, $98,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,200,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administration
and coordination of payments to States; including field employment
pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $90,000 for employment under 5 U.S.C. 3109,
(48)<DELETED>$37,592,000</DELETED> $46,767,000, including funds for the
wholesale market development program for the design and development of
wholesale and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $59,012,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Appropriations Committees.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $10,576,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937, as amended, and the
Agricultural Act of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,200,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, as amended, for the administration of the
Packers and Stockyards Act, for certifying procedures used to protect
purchasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, as amended,
including field employment pursuant to section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment
under 5 U.S.C. 3109, (49)<DELETED>$22,728,000 </DELETED>$23,928,000:
Provided, That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
inspection and weighing services
limitation on inspection and weighing service expenses
Not to exceed $43,207,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Appropriations Committees.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $446,000.
Food Safety and Inspection Service
For necessary expenses to carry on services authorized by the
Federal Meat Inspection Act, as amended, the Poultry Products
Inspection Act, as amended, and the Egg Products Inspection Act, as
amended, (50)<DELETED>$574,000,000 </DELETED>$557,697,000, and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1017 of Public Law 102-237: Provided, That this appropriation
shall not be available for shell egg surveillance under section 5(d) of
the Egg Products Inspection Act (21 U.S.C. 1034(d))(51): 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: Provided further, That
this appropriation shall be available for field employment pursuant to
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $75,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the (52)<DELETED>Consolidated
</DELETED>Farm Service Agency, Foreign Agricultural Service, and the
Commodity Credit Corporation, $572,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
(53)<DELETED>$746,440,000 </DELETED>$725,000,000: Provided, That the
Secretary is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the Agency:
Provided further, That other funds made available to the Agency for
authorized activities may be advanced to and merged with this account:
Provided further, That these funds shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall be available
for employment under 5 U.S.C. 3109.
(54)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.
dairy indemnity program
(including transfers of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government,
and in making indemnity payments for milk, or cows producing such milk,
at a fair market value to any dairy farmer who is directed to remove
his milk from commercial markets because of (1) the presence of
products of nuclear radiation or fallout if such contamination is not
due to the fault of the farmer, or (2) residues of chemicals or toxic
substances not included under the first sentence of the Act of August
13, 1968, as amended (7 U.S.C. 450j), if such chemicals or toxic
substances were not used in a manner contrary to applicable regulations
or labeling instructions provided at the time of use and the
contamination is not due to the fault of the farmer, $100,000, to
remain available until expended (7 U.S.C. 2209b): Provided, That none
of the funds contained in this Act shall be used to make indemnity
payments to any farmer whose milk was removed from commercial markets
as a result of his willful failure to follow procedures prescribed by
the Federal Government: Provided further, That this amount shall be
transferred to the Commodity Credit Corporation: Provided further, That
the Secretary is authorized to utilize the services, facilities, and
authorities of the Commodity Credit Corporation for the purpose of
making dairy indemnity disbursements.
outreach for socially disadvantaged farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$1,000,000, to remain available until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $600,000,000, of which $550,000,000 shall be for
guaranteed loans; operating loans, $2,345,071,000, of which
$1,700,000,000 shall be for unsubsidized guaranteed loans and
$200,000,000 shall be for subsidized guaranteed loans; Indian tribe
land acquisition loans as authorized by 25 U.S.C. 488, $1,000,000; for
emergency insured loans, (55)<DELETED>$25,000,000 </DELETED>$75,000,000
to meet the needs resulting from natural disasters; (56)for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989, $15,384,000;
and for credit sales of acquired property, $25,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $27,975,000, of which
$22,055,000 shall be for guaranteed loans; operating loans,
$96,840,000, of which $19,210,000 shall be for unsubsidized guaranteed
loans and $18,480,000 shall be for subsidized guaranteed loans; Indian
tribe land acquisition loans as authorized by 25 U.S.C. 488, $54,000;
for emergency insured loans, (57)<DELETED>$6,365,000
</DELETED>$19,095,000 to meet the needs resulting from natural
disasters; (58)for boll weevil eradication program loans as authorized
by 7 U.S.C. 1989, $2,000,000; and for credit sales of acquired
property, $2,530,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $221,046,000, of which
$208,446,000 shall be transferred to and merged with the ``Farm Service
Agency, Salaries and Expenses'' account.
(59)<DELETED>Office of Risk Management
<DELETED> For administrative and operating expenses, as authorized
by the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
6933), $62,198,000: Provided, That not to exceed $700 shall be
available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).</DELETED>
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.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, as amended, as may be necessary in carrying out the
programs set forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act, as amended, such sums as may be necessary, to remain
available until expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
reimbursement for net realized losses
For fiscal year 1997, such sums as may be necessary to reimburse
the Commodity Credit Corporation for net realized losses sustained, but
not previously reimbursed (estimated to be $1,500,000,000 in the
President's fiscal year 1997 Budget Request (H. Doc. 104-162)), but not
to exceed $1,500,000,000, pursuant to section 2 of the Act of August
17, 1961, as amended (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 1997, the Commodity Credit Corporation shall not
expend more than $5,000,000 for expenses to comply with the requirement
of section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, 42 U.S.C. 9607(g), and
section 6001 of the Resource Conservation and Recovery Act, as amended,
42 U.S.C. 6961: Provided, That expenses shall be for operations and
maintenance costs only and that other hazardous waste management costs
shall be paid for by the USDA Hazardous Waste Management appropriation
in this Act.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural
Resources Conservation Service, $693,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-590f) including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
(60)<DELETED>$619,392,000 </DELETED>$638,954,000, to remain available
until expended (7 U.S.C. 2209b), of which not less than $5,835,000 is
for snow survey and water forecasting and not less than $8,825,000 is
for operation and establishment of the plant materials centers:
Provided, That appropriations hereunder shall be available pursuant to
7 U.S.C. 2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control Act of 1974, as amended (43 U.S.C. 1592(c)): Provided
further, That no part of this appropriation may be expended for soil
and water conservation operations under the Act of April 27, 1935 (16
U.S.C. 590a-590f) in demonstration projects: Provided further, That
this appropriation shall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225) and not to exceed $25,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That qualified local engineers may be
temporarily employed at per diem rates to perform the technical
planning work of the Service (16 U.S.C. 590e-2)(61): 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.
watershed surveys and planning
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954, as amended
(16 U.S.C. 1001-1009), (62)<DELETED>$10,762,000 </DELETED>$14,000,000:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $110,000 shall be available for
employment under 5 U.S.C. 3109.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing
works and changes in use of land, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954, as amended
(16 U.S.C. 1001-1005, 1007-1009), the provisions of the Act of April
27, 1935 (16 U.S.C. 590a-f), and in accordance with the provisions of
laws relating to the activities of the Department, $101,036,000, to
remain available until expended (7 U.S.C. 2209b) (of which up to
$15,000,000 may be available for the watersheds authorized under the
Flood Control Act approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C.
1006a), as amended and supplemented: Provided, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $200,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That not to exceed $1,000,000 of this appropriation
is available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), as amended, including cooperative efforts as
contemplated by that Act to relocate endangered or threatened species
to other suitable habitats as may be necessary to expedite project
construction.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the provisions of section 32(e) of title III of the Bankhead-Jones
Farm Tenant Act, as amended (7 U.S.C. 1010-1011; 76 Stat. 607), the Act
of April 27, 1935 (16 U.S.C. 590a-f), and the Agriculture and Food Act
of 1981 (16 U.S.C. 3451-3461), $29,377,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$50,000 shall be available for employment under 5 U.S.C. 3109.
forestry incentives program
For necessary expenses, not otherwise provided for, to carry out
the program of forestry incentives, as authorized in the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, Rural Business-
Cooperative Service, and the Rural Utilities Service of the Department
of Agriculture, $588,000.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
as amended, to be available from funds in the rural housing insurance
fund, as follows: $3,300,000,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $2,300,000,000 shall be for
unsubsidized guaranteed loans; $35,000,000 for section 504 housing
repair loans; $15,000,000 for section 514 farm labor housing;
$58,654,000 for section 515 rental housing; $600,000 for section 524
site loans; $50,000,000 for credit sales of acquired property; and
$600,000 for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $89,210,000, of which
$6,210,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $11,081,000; section 514 farm labor housing,
$6,885,000; section 515 rental housing, $28,987,000 (63)<DELETED>:-
Provided, That no funds for new construction for section 515 rental
housing may be available for fiscal year 1997</DELETED>; credit sales
of acquired property, $4,050,000; and section 523 self-help housing
land development loans, $17,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $366,205,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949, as
amended, $493,870,000; and in addition such sums as may be necessary,
as authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount not
more than $5,900,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section 502(c)(5)(D)
of the Act, and not to exceed $10,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant to
section 502(c)(5)(C) of the Act: Provided further, That agreements
entered into or renewed during fiscal year 1997 shall be funded for a
five-year period, although the life of any such agreement may be
extended to fully utilize amounts obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain available
until expended (7 U.S.C. 2209b).
rural housing assistance program
(including transfers of funds)
For the cost of direct loans, loan guarantees, agreements, and
grants, as authorized by 7 U.S.C. 1926, 42 U.S.C. 1472, 1474, 1479,
1485, 1486, and 1490(a), except for sections 381E, 381H, 381N of the
Consolidated Farm and Rural Development Act, (64)<DELETED>$73,190,000
</DELETED>$136,435,000, to remain available until expended, for direct
loans and loan guarantees for community facilities, community
facilities grant program, (65)rental assistance associated with and
direct loans for new construction of section 515 rental housing, rural
housing for domestic farm labor grants, supervisory and technical
assistance grants, very low-income housing repair grants, rural
community fire protection grants, rural housing preservation grants,
and compensation for construction defects of the Rural Housing Service:
Provided, That the cost of direct loans and loan guarantees shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That the amounts appropriated shall be
transferred to loan program and grant accounts as determined by the
Secretary (66)<DELETED>:-Provided further, That no funds for new
construction relating to 515 rental housing may be available for fiscal
year 1997</DELETED>: Provided further, That of the funds made available
in this paragraph not more than $1,200,000 shall be available for the
multi-family rural housing loan guarantee program as authorized by
section 5 of Public Law 104-120: Provided further, That if such funds
are not obligated for multi-family rural housing loan guarantees by
June 30, 1997, they remain available for other authorized purposes
under this head: Provided further, That of the total amount
appropriated, not to exceed $1,200,000 shall be available for the cost
of direct loans, loan guarantees, and grants to be made available for
empowerment zones and enterprise communities as authorized by Public
Law 103-66: Provided further, That if such funds are not obligated for
empowerment zones and enterprise communities by June 30, 1997, they
remain available for other authorized purposes under this head.
salaries and expenses
For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm and
Rural Development Act, as amended, title V of the Housing Act of 1949,
as amended, and cooperative agreements, (67)<DELETED>$53,889,000
</DELETED>$66,354,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of 706(a) of
the Organic Act of 1944, and not to exceed $520,000 may be used for
employment under 5 U.S.C. 3109.
Rural Business-Cooperative Service
rural development loan fund program account
(including transfers of funds)
For the cost of direct loans, (68)<DELETED>$18,400,000
</DELETED>$17,270,000, as authorized by the Rural Development Loan Fund
(42 U.S.C. 9812(a)): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount
of direct loans of (69)<DELETED>$40,000,000 </DELETED>$37,544,000:
Provided further, That through June 30, 1997, of the total amount
appropriated $3,345,000 shall be available for the cost of direct
loans, for empowerment zones and enterprise communities, as authorized
by title XIII of the Omnibus Budget Reconciliation Act of 1993, to
subsidize gross obligations for the principal amount of direct loans,
$7,246,000.
rural economic development loans program account
(including transfers of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$12,865,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$2,830,000. In addition, for administrative expenses necessary to carry
out the direct loan program, $654,000, which shall be transferred to
and merged with the appropriation for ``Salaries and Expenses.''
alternative agricultural research and commercialization revolving fund
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901-5908),
(70)<DELETED>$6,000,000 </DELETED>$10,000,000 is appropriated to the
alternative agricultural research and commercialization revolving fund.
rural business--cooperative assistance program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1928, and 1932, except for 381E, 381H,
381N of the Consolidated Farm and Rural Development Act,
(71)<DELETED>$51,400,000 </DELETED>$53,750,000, to remain available
until expended, for direct loans and loan guarantees for business and
industry assistance, rural business grants, rural cooperative
development grants, and rural business opportunity grants of the Rural
Business--Cooperative Service: Provided, That the cost of direct loans
and loan guarantees shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
$500,000 shall be available for grants to qualified nonprofit
organizations as authorized under section 310B(c)(2) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932): Provided
further, That the amounts appropriated shall be transferred to loan
program and grant accounts as determined by the Secretary: Provided
further, That, of the total amount appropriated, not to exceed
$3,000,000 shall be available for cooperative development (72) as
provided under section 747(e) of Public Law 104-127(73): 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)): That, of the total amount appropriated, not to exceed
$148,000 shall be available for the cost of direct loans, loan
guarantees, and grants to be made available for business and industry
loans for empowerment zones and enterprise communities as authorized by
Public Law 103-66 and rural development loans for empowerment zones and
enterprise communities as authorized by title XIII of the Omnibus
Budget Reconciliation Act of 1993: Provided further, That if such funds
are not obligated for empowerment zones and enterprise communities by
June 30, 1997, they remain available for other authorized purposes
under this head.
salaries and expenses
For necessary expenses of the Rural Business-Cooperative Service,
including administering the programs authorized by the Consolidated
Farm and Rural Development Act, as amended; section 1323 of the Food
Security Act of 1985; the Cooperative Marketing Act of 1926; for
activities relating to the marketing aspects of cooperatives, including
economic research findings, as authorized by the Agricultural Marketing
Act of 1946; for activities with institutions concerning the
development and operation of agricultural cooperatives; and cooperative
agreements; $25,680,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of 706(a) of
the Organic Act of 1944, and not to exceed $260,000 may be used for
employment under 5 U.S.C. 3109.
Rural Utilities Service
rural electrification and telecommunications loans program account
(including transfers of funds)
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made
as follows: 5 percent rural electrification loans, $125,000,000, 5
percent rural telecommunications loans, $75,000,000; cost of money
rural telecommunications loans, $300,000,000; municipal rate rural
electric loans, $525,000,000; and loans made pursuant to section 306 of
that Act, rural electric, $300,000,000, and rural telecommunications,
$120,000,000, to remain available until expended.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936,
as amended (7 U.S.C. 935), as follows: cost of direct loans,
$4,818,000; cost of municipal rate loans, $28,245,000; cost of money
rural telecommunications loans, $60,000; cost of loans guaranteed
pursuant to section 306, $2,790,000: Provided, That notwithstanding
section 305(d)(2) of the Rural Electrification Act of 1936, borrower
interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $29,982,000, which shall be
transferred to and merged with the appropriation for ``Salaries and
Expenses.''
rural telephone bank program account
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as amended, as may be necessary in
carrying out its authorized programs for the current fiscal year.
During fiscal year 1997 and within the resources and authority
available, gross obligations for the principal amount of direct loans
shall be $175,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936, as amended (7
U.S.C. 935), $2,328,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,500,000.
distance learning and medical link program
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., as amended, (74)<DELETED>$7,500,000
</DELETED>$10,000,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas: Provided, That the costs of direct loans shall
be as defined in section 502 of the Congressional Budget Act of 1974.
rural utilities assistance program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1928, and 1932, except for 381E, 381H,
381N of the Consolidated Farm and Rural Development Act,
(75)<DELETED>$496,868,000 </DELETED>$656,742,000, to remain available
until expended, for direct loans and loan guarantees and grants for
rural water and waste disposal, and solid waste management grants of
the Rural Utilities Service: Provided, That the cost of direct loans
and loan guarantees shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
the amounts appropriated shall be transferred to loan program and grant
accounts as determined by the Secretary: Provided further, That,
through June 30, 1997, of the total amount appropriated, $18,700,000
shall be available for the costs of direct loans, loan guarantees, and
grants to be made available for empowerment zones and enterprise
communities, as authorized by Public Law 103-66: Provided further,
That, of the total amount appropriated, not to exceed $18,700,000 shall
be for water and waste disposal systems to benefit the Colonias along
the United States/Mexico border, including grants pursuant to section
306C of the Consolidated Farm and Rural Development Act, as amended:
Provided further, That, of the total amount appropriated, not to exceed
(76)<DELETED>$5,000,000 </DELETED>$5,400,000 shall be available for
contracting with qualified national organizations for a circuit rider
program to provide technical assistance for rural water systems:
Provided further, That an amount not less than that available in fiscal
year 1996 be set aside and made available for ongoing technical
assistance under sections 306(a)(14) (7 U.S.C. 1926) and 310(B)(b) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1932)(77):
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): 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.
salaries and expenses
For necessary expenses of the Rural Utilities Service, including
administering the programs authorized by the Rural Electrification Act
of 1936, as amended, and the Consolidated Farm and Rural Development
Act, as amended, and cooperative agreements, $33,195,000: Provided,
That this appropriation shall be available for employment pursuant to
the second sentence of 706(a) of the Organic Act of 1944, and not to
exceed $105,000 may be used for employment under 5 U.S.C. 3109.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Consumer Service,
(79)<DELETED>$454,000 </DELETED>$554,000.
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751-1769b), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1772-1785, and 1789); except sections 17 and 19;
(80)<DELETED>$8,652,597,000 </DELETED>$8,654,797,000, to remain
available through September 30, 1998, of which
(81)<DELETED>$3,218,844,000 </DELETED>$3,221,044,000 is hereby
appropriated and $5,433,753,000 shall be derived by transfer from funds
available under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c) (82)<DELETED>:-Provided, That none of the funds made available
under this heading shall be used for new studies and
evaluations</DELETED>: Provided, That not to exceed $2,000,000 of the
funds made available under this heading shall be used for studies and
evaluations: Provided further, That up to $4,031,000 shall be available
for independent verification of school food service claims.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $3,729,807,000, to remain available
through September 30, 1998: Provided, That none of the funds made
available under this heading may be used to begin more than two studies
and evaluations: Provided further, That up to $6,750,000 may be used to
carry out the farmers' market nutrition program from any funds not
needed to maintain current caseload levels (83)<DELETED>:-Provided
further, That, of the total amount of fiscal year 1996 carryover funds
that cannot be spent in fiscal year 1997, any funds in excess of
$100,000,000 may be transferred by the Secretary to other programs in
the Department of Agriculture, excluding the Forest Service, with prior
notification to the House and Senate Appropriations
Committees</DELETED>: 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: Provided further, That none of the funds in this Act shall be
available to pay administrative expenses of WIC clinics except those
that have an announced policy of prohibiting smoking within the space
used to carry out the program: Provided further, That none of the funds
provided in this account shall be available for the purchase of infant
formula except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786)(84): 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.
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
(85)<DELETED>2011-2029 </DELETED>2011 et seq.),
(86)<DELETED>$27,615,029,000 </DELETED> $28,521,029,000: Provided, That
funds provided herein shall remain available through September 30,
1997, in accordance with section 18(a) of the Food Stamp Act: Provided
further, That (87)<DELETED>$100,000,000 </DELETED>$1,000,000,000 of the
foregoing amount shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry out program
operations (88)<DELETED>:-Provided further, That none of the funds made
available under this heading shall be used for new studies and
evaluations</DELETED>: Provided further, That not to exceed $6,000,000
of the funds made available under this heading shall be used for
studies and evaluations: Provided further, That funds provided herein
shall be expended in accordance with section 16 of the Food Stamp Act:
Provided further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That $1,174,000,000 of the foregoing amount shall be
available for nutrition assistance for Puerto Rico as authorized by 7
U.S.C. 2028.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c (note)), the Emergency Food
Assistance Act of 1983, as amended, and section 110 of the Hunger
Prevention Act of 1988, $166,000,000, to remain available through
September 30, 1998: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program.
food donations programs for selected groups
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)), (89)
<DELETED>section 4(b) of the Food Stamp Act (7 U.S.C. 2013(b)),
</DELETED>and section 311 of the Older Americans Act of 1965, as
amended (42 U.S.C. 3030a), (90)<DELETED>$205,000,000</DELETED>
$141,250,000, to remain available through September 30, 1998.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, (91)<DELETED>$104,487,000
</DELETED>$107,769,000, of which $5,000,000 shall be available only for
simplifying procedures, reducing overhead costs, tightening
regulations, improving food stamp coupon handling, and assistance in
the prevention, identification, and prosecution of fraud and other
violations of law: Provided, That this appropriation shall be available
for employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall
be available for employment under 5 U.S.C. 3109.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service and General Sales Manager
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954, as
amended (7 U.S.C. 1761-1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate activities of
the Department in connection with foreign agricultural work, including
not to exceed $128,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), (92)<DELETED>$128,005,000</DELETED> $138,561,000, of which
(93)<DELETED>$2,792,000 </DELETED>$3,231,000 may be transferred from
the Export Loan Program account in this Act, and
(94)<DELETED>$1,005,000 </DELETED>$1,035,000 may be transferred from
the Public Law 480 program account in this Act: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1736)
and the foreign assistance programs of the International Development
Cooperation Administration (22 U.S.C. 2392) (95)<DELETED>:-Provided
further, That funds provided for foreign market development to trade
associations, cooperatives and small businesses shall be allocated only
after a competitive bidding process to target funds to those entities
most likely to generate additional U.S. exports as a result of the
expenditure</DELETED>.
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
public law 480 program and grant accounts
(including transfers of funds)
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1691, 1701-1715, 1721-1726, 1727-1727f,
1731-1736g), as follows: (1) (96)<DELETED>$216,400,000
</DELETED>$218,944,000 for Public Law 480 title I credit, including
Food for Progress programs; (2) $13,905,000 is hereby appropriated for
ocean freight differential costs for the shipment of agricultural
commodities pursuant to title I of said Act and the Food for Progress
Act of 1985, as amended; (3) $837,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title II of said Act; and (4) (97)<DELETED>$29,500,000
</DELETED>$40,000,000 is hereby appropriated for commodities supplied
in connection with dispositions abroad pursuant to title III of said
Act: Provided, That not to exceed 15 percent of the funds made
available to carry out any title of said Act may be used to carry out
any other title of said Act: Provided further, That such sums shall
remain available until expended (7 U.S.C. 2209b).
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct credit agreements as authorized by the
Agricultural Trade Development and Assistance Act of 1954, as amended,
and the Food for Progress Act of 1985, as amended, including the cost
of modifying credit agreements under said Act,
(98)<DELETED>$177,000,000</DELETED> $179,082,000.
In addition, for administrative expenses to carry out the Public
Law 480 title I credit program, and the Food for Progress Act of 1985,
as amended, to the extent funds appropriated for Public Law 480 are
utilized, (99)<DELETED>$1,750,000 </DELETED>$1,818,000.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
(100)<DELETED>$3,381,000 </DELETED>$3,820,000; 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 not to exceed (101)<DELETED>$2,792,000
</DELETED>$3,231,000 may be transferred to and merged with the
appropriation for the salaries and expenses of the Foreign Agricultural
Service, and of which not to exceed $589,000 may be transferred to and
merged with the appropriation for the salaries and expenses of the Farm
Service Agency.
export credit
The Commodity Credit Corporation shall make available not less than
$5,500,000,000 in credit guarantees under its export credit guarantee
program extended to finance the export sales of United States
agricultural commodities and the products thereof, as authorized by
section 202 (a) and (b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641).
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 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; $907,499,000, of
which not to exceed $87,528,000 in fees pursuant to section 736 of the
Federal Food, Drug, and Cosmetic Act may be credited to this
appropriation and remain available until expended: Provided, That fees
derived from applications received during fiscal year 1997 shall be
subject to the fiscal year 1997 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(102): 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)).
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available until
expended.
In addition, fees pursuant to section 801 of the Federal Food,
Drug, and Cosmetic Act may be credited to this account, to remain
available until expended.
(103)<DELETED>None of the funds appropriated or made available to
the Federal Food and Drug Administration shall be used to implement any
rule finalizing the August 25, 1995 proposed rule entitled ``The
Prescription Drug Product Labeling; Medication Guide Requirements,''
except as to any specific drug or biological product where the FDA
determines that without approved patient information there would be a
serious and significant public health risk.
</DELETED>(104)General Provisions
(105)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)Sec. 602. Section 3 of the Saccharin Study and Labeling Act
(21 U.S.C 348 nt.) is amended by striking out ``May 1, 1997'' and
inserting in lieu thereof ``May 1, (107)<DELETED>2002 </DELETED>1998''.
(108)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)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.
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,
$21,350,000, to remain available until expended (7 U.S.C. 2209b).
rental payments (fda)
(including transfers of funds)
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, $46,294,000: Provided,
That in the event the Food and Drug Administration should require
modification of space needs, a share of the salaries and expenses
appropriation may be transferred to this appropriation, or a share of
this appropriation may be transferred to the salaries and expenses
appropriation, but such transfers shall not exceed 5 percent of the
funds made available for rental payments (FDA) to or from this account.
DEPARTMENT OF THE TREASURY
Financial Management Service
payments to the farm credit system financial assistance corporation
For necessary payments to the Farm Credit System Financial
Assistance Corporation by the Secretary of the Treasury, as authorized
by section 6.28(c) of the Farm Credit Act of 1971, as amended, for
reimbursement of interest expenses incurred by the Financial Assistance
Corporation on obligations issued through 1994, as authorized
$10,290,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act, as amended (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles; the rental of space (to include
multiple year leases) in the District of Columbia and elsewhere; and
not to exceed $25,000 for employment under 5 U.S.C. 3109;
(110)<DELETED>$55,101,000</DELETED> $56,601,000, including not to
exceed $1,000 for official reception and representation expenses:
Provided, That the Commission is authorized to charge reasonable fees
to attendees of Commission sponsored educational events and symposia to
cover the Commission's costs of providing those events and symposia,
and notwithstanding 31 U.S.C. 3302, said fees shall be credited to this
account, to be available without further appropriation.
(111)<DELETED>Farm Credit Administration
<DELETED>limitation on administrative expenses</DELETED>
<DELETED> Not to exceed $37,478,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249.</DELETED>
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 the fiscal year 1997 under this Act shall be available
for the purchase, in addition to those specifically provided for, of
not to exceed 667 passenger motor vehicles, of which 643 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. Not less than $1,500,000 of the appropriations of the
Department of Agriculture in this Act for research and service work
authorized by the Acts of August 14, 1946, and July 28, 1954 (7 U.S.C.
427, 1621-1629), and by chapter 63 of title 31, United States Code,
shall be available for contracting in accordance with said 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
(7 U.S.C. 2209b): Animal and Plant Health Inspection Service, the
contingency fund to meet emergency conditions, fruit fly program, and
integrated systems acquisition project; Farm Service Agency, salaries
and expenses funds made available to county committees; and Foreign
Agricultural Service, middle-income country training program.
New obligational authority for the boll weevil program; up to 10
percent of the screwworm program of the Animal and Plant Health
Inspection Service; (112)<DELETED>Food Safety and Inspection Service,
field automation and information management project; </DELETED>funds
appropriated for rental payments; funds for the Native American
institutions endowment fund in the Cooperative State Research,
Education, and Extension Service, and funds for the competitive
research grants (7 U.S.C. 450i(b)), shall remain available until
expended.
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 Public Law
94-449.
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. Notwithstanding any other provision of this Act,
commodities acquired by the Department in connection with Commodity
Credit Corporation and section 32 price support operations may be used,
as authorized by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide
commodities to individuals in cases of hardship as determined by the
Secretary of Agriculture.
Sec. 710. None of the funds in this Act shall be available to
reimburse the General Services Administration for payment of space
rental and related costs in excess of the amounts specified in this
Act; nor shall this or any other provision of law require a reduction
in the level of rental space or services below that of fiscal year 1996
or prohibit an expansion of rental space or services with the use of
funds otherwise appropriated in this Act. Further, no agency of the
Department of Agriculture, from funds otherwise available, shall
reimburse the General Services Administration for payment of space
rental and related costs provided to such agency at a percentage rate
which is greater than is available in the case of funds appropriated in
this Act.
Sec. 711. 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. 712. With the exception of grants awarded under the Small
Business Innovation Development Act of 1982, Public Law 97-219, as
amended (15 U.S.C. 638), none of the funds in this Act shall be
available to pay indirect costs on research grants awarded
competitively by the Cooperative State Research, Education, and
Extension Service that exceed 14 percent of total Federal funds
provided under each award.
Sec. 713. Notwithstanding any other provisions of this Act, all
loan levels provided in this Act shall be considered estimates, not
limitations.
Sec. 714. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 1997
shall remain available until expended to cover obligations made in
fiscal year 1997 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; and
the rural economic development loans program account.
Sec. 715. Such sums as may be necessary for fiscal year 1997 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 716. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 717. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service
and the Animal and Plant Health Inspection Service may use cooperative
agreements to reflect a relationship between Agricultural Marketing
Service or the Animal and Plant Health Inspection Service and a State
or Cooperator to carry out agricultural marketing programs or to carry
out programs to protect the Nation's animal and plant resources.
Sec. 718. None of the funds in this Act may be used to retire more
than 5% 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 (113): 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. 719. None of the funds appropriated or otherwise made
available by this Act may be used to provide food stamp benefits to
households whose benefits are calculated using a standard deduction
greater than the standard deduction in effect for fiscal year 1995.
Sec. 720. None of the funds made available in this Act may be used
to provide assistance to, or to pay the salaries of personnel who carry
out a market promotion/market access program pursuant to section 203 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5623) that provides
assistance to the U.S. Mink Export Development Council or any mink
industry trade association.
(114)<DELETED>Sec. 721. None of the funds appropriated or otherwise
made available by this Act shall be used to enroll in excess of 130,000
acres in the fiscal year 1997 wetlands reserve program, as authorized
by 16 U.S.C. 3837.
</DELETED> 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.
Sec. 722. Of the funds made available by this Act, not more than
$1,000,000 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 (115) and panels used to evaluate
competitively awarded grants.
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 export enhancement program if the aggregate
amount of funds and/or commodities under such program exceeds
$100,000,000.
(116)<DELETED>Sec. 724. 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 a farmland protection program in
excess of $2,000,000 authorized by section 388 of Public Law 104-127.
</DELETED> (117)<DELETED>Sec. 725. 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 a wildlife habitat incentives
program authorized by section 387 of Public Law 104-127.
</DELETED> (118)<DELETED>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 who carry out a conservation farm option
program in excess of $2,000,000 authorized by section 335 of Public Law
104-127.
</DELETED> Sec. 727. None of the funds made available in this Act
may be used to pay the salaries of employees of the Department of
Agriculture who make payments pursuant to a production flexibility
contract entered into under section 111 of the Federal Agriculture
Improvement and Reform Act of 1996 (Public Law 104-127; 7 U.S.C. 7211)
when it is made known to the Federal official having authority to
obligate or expend such funds that the land covered by that production
flexibility contract is not being (119)<DELETED>used for the production
of an agricultural commodity or is not devoted to a conserving use,
unless it is also made known to that Federal official that the lack of
agricultural production or the lack of a conserving use is a
consequence of drought, flood, or other natural disaster </DELETED>used
for an agricultural or related activity, including conserving use, as
determined by the Secretary.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be used to extend any existing or expiring
contract in the Conservation Reserve Program authorized by 16 U.S.C.
3831-3845.
(120)<DELETED>Sec. 729. None of the funds made available in this
Act may be used to maintain the price of raw cane sugar (as reported
for an appropriate preceding month for applicable sugar futures
contracts of the Coffee, Sugar, and Cocoa Exchange, New York) at more
than 117</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>percent of the
statutory loan rate under section 158 of the Federal Agriculture
Improvement and Reform Act (title 1 of Public Law 104-127).
</DELETED> Sec. 730. None of the funds appropriated in this Act may
be used to carry out the provisions of section 918 of Public Law 104-
127, the Federal Agriculture Improvement and Reform Act.
(121)<DELETED>Sec. 731. (a) In General.--Any owner on the date of
enactment of this Act of the right to market a nonsteroidal anti-
inflammatory drug that--
<DELETED> (1) contains a patented active agent;</DELETED>
<DELETED> (2) has been reviewed by the Federal Food and Drug
Administration for a period of more than 96 months as a new
drug application; and</DELETED>
<DELETED> (3) was approved as safe and effective by the
Federal Food and Drug Administration on January 31, 1991, shall
be entitled, for the 2-year period beginning on February 28,
1997, to exclude others from making, using, offering for sale,
selling, or importing into the United States such active agent,
in accordance with section 154(a)(1) of title 35, United States
Code.</DELETED>
<DELETED> (b) Infringement.--Section 271 of title 35, United States
Code shall apply to the infringement of the entitlement provide under
subsection (a).</DELETED>
<DELETED> (c) Notification.--Not later than 30 days after the date
of the enactment of this section, any owner granted an entitlement
under subsection (a) shall notify the Commissioner of Patents and
Trademarks and the Secretary for Health and Human Services of such
entitlement. Not later than 7 days after the receipt of such notice,
the Commission and the Secretary shall publish an appropriate notice of
the receipt of such notice.</DELETED>
Sec. 732. (122)<DELETED>Funds </DELETED>Hereafter, funds
appropriated to the Department of Agriculture may be used for
incidental expenses such as transportation, uniforms, lodging, and
subsistence for volunteers serving under the authority of 7 U.S.C.
2272, when such volunteers are engaged in the work of the U.S.
Department of Agriculture; and for promotional items of nominal value
relating to the U.S. Department of Agriculture Volunteer Programs.
(123)<DELETED>Sec. </DELETED>733. It is the sense of Congress that,
not later than the date of the enactment of this Act, the Secretary of
Agriculture should--
<DELETED> (1) release a detailed plan for compensating wheat
farmers and handlers adversely affected by the karnal bunt
quarantine in Riverside and Imperial Counties of California,
which should include--</DELETED>
<DELETED> (A) an explanation of the factors to be
used to determine the compensation amount for wheat
farmers and handlers, including how contract and spot
market prices will be handled; and</DELETED>
<DELETED> (B) compensation for farmers who have
crops positive for karnal bunt and compensation for
farmers who have crops which are negative for karnal
bunt, but which cannot go to market due to the lack of
Department action on matching restrictions on the
negative wheat with the latest risk assessments;
and</DELETED>
<DELETED> (2) review the risk assessments developed by the
University of California at Riverside and submit a report to
Congress describing how these risk assessments will impact the
Department of Agriculture policy on the quarantine area for the
1997 wheat crop.</DELETED>
(124)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)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)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)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)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)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)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)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 ``pro vided--'' 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)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)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)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)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)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)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)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)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)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)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)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)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)TITLE VIII--SUPPLEMENTAL APPROPRIATIONS AND RESCISSION FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1996
(145)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)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)This Act may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
1997''.
Passed the House of Representatives June 12, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate July 24, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary.