[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3603 Referred in Senate (RFS)]
104th CONGRESS
2d Session
H. R. 3603
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 1996
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
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: 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: 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, $5,000,000, to remain
available until expended; making a total appropriation of $125,548,000.
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, $28,304,000, 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.
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, $3,728,000: 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,
$54,176,000: 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,
$100,221,000, 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, $702,831,000: 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.
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, $59,600,000,
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 $163,671,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-361i); $19,882,000 for grants for cooperative
forestry research (16 U.S.C. 582a-582-a7); $26,902,000 for payments to
the 1890 land-grant colleges, including Tuskegee University (7 U.S.C.
3222); $44,235,000 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)); $96,735,000 for
competitive research grants (7 U.S.C. 450i(b)); $4,775,000 for the
support of animal health and disease programs (7 U.S.C. 3195); $650,000
for supplemental and alternative crops and products (7 U.S.C. 3319d);
$500,000 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); $2,000,000 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); $8,000,000 for sustainable agriculture research and
education (7 U.S.C. 5811); $9,200,000 for a program of capacity
building grants to colleges eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
University 7 U.S.C. 3152(b)(4), 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 $9,605,000 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,
$411,849,000.
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, $30,449,000, 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, $260,438,000; payments for the nutrition and family
education program for low-income areas under section 3(d) of the Act,
$58,695,000; 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, $2,855,000; payments for the pesticide
impact assessment program under section 3(d) of the Act, $3,214,000;
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), $7,549,000, to remain available until
expended; payments for the rural development centers under section 3(d)
of the Act, $908,000; payments for a groundwater quality program under
section 3(d) of the Act, $10,733,000; payments for the agricultural
telecommunications program, as authorized by Public Law 101-624 (7
U.S.C. 5926), $1,167,000; payments for youth-at-risk programs under
section 3(d) of the Act, $9,554,000; payments for a food safety program
under section 3(d) of the Act, $2,365,000; payments for carrying out
the provisions of the Renewable Resources Extension Act of 1978,
$3,192,000; payments for Indian reservation agents under section 3(d)
of the Act, $1,672,000; payments for sustainable agriculture programs
under section 3(d) of the Act, $3,309,000; payments for rural health
and safety education as authorized by section 2390 of Public Law 101-
624 (7 U.S.C. 2661 note, 2662), $2,628,000; 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,
$24,337,000; 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, $6,271,000; in all,
$409,670,000: 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,
$435,428,000, of which $4,500,000 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,
$37,592,000, 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, $22,728,000: 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, $574,000,000, 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)): 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 Consolidated 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,
$746,440,000: 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.
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, $25,000,000 to meet the needs resulting from
natural disasters 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, $6,365,000 to meet the needs resulting
from natural disasters; 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.
Office of Risk Management
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).
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,
$619,392,000, 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).
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), $10,762,000: 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: Provided, That no
funds for new construction for section 515 rental housing may be
available for fiscal year 1997; 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,
1486, and 1490(a), except for sections 381E, 381H, 381N of the
Consolidated Farm and Rural Development Act, $73,190,000, to remain
available until expended, for direct loans and loan guarantees for
community facilities, community facilities grant program, 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:
Provided further, That no funds for new construction relating to 515
rental housing may be available for fiscal year 1997: 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, $53,889,000: 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, $18,400,000, 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 $40,000,000: 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),
$6,000,000 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, $51,400,000,
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: Provided
further, 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, $7,500,000, 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, $496,868,000,
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 $5,000,000 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).
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,
$454,000.
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;
$8,652,597,000, to remain available through September 30, 1998, of
which $3,218,844,000 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): Provided, That none of the funds made
available under this heading shall be used for new 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: 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: 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).
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011-2029), $27,615,029,000: 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 $100,000,000 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: Provided further, That none of the funds made available
under this heading shall be used for new 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)), section
4(b) of the Food Stamp Act (7 U.S.C. 2013(b)), and section 311 of the
Older Americans Act of 1965, as amended (42 U.S.C. 3030a),
$205,000,000, to remain available through September 30, 1998.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $104,487,000, 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), $128,005,000, of which $2,792,000 may be transferred from the
Export Loan Program account in this Act, and $1,005,000 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):
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.
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) $216,400,000 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) $29,500,000 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, $177,000,000.
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, $1,750,000.
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,
$3,381,000; 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
$2,792,000 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.
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.
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.
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, 2002''.
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; $55,101,000,
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.
Farm Credit Administration
limitation on administrative expenses
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.
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; Food Safety and Inspection Service, field
automation and information management project; 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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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\1/2\ percent of
the statutory loan rate under section 158 of the Federal Agriculture
Improvement and Reform Act (title 1 of Public Law 104-127).
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.
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--
(1) contains a patented active agent;
(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
(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.
(b) Infringement.--Section 271 of title 35, United States Code
shall apply to the infringement of the entitlement provide under
subsection (a).
(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.
Sec. 732. 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.
Sec. 733. It is the sense of Congress that, not later than the date
of the enactment of this Act, the Secretary of Agriculture should--
(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--
(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
(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
(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.
Passed the House of Representatives June 12, 1996.
Attest:
ROBIN H. CARLE,
Clerk.