[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 116

105th CONGRESS

  1st Session

                                S. 1033

                          [Report No. 105-51]

_______________________________________________________________________

                                 A BILL

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 1998, and for other purposes.

_______________________________________________________________________

                             July 17, 1997

                 Read twice and placed on the calendar







                                                       Calendar No. 116
105th CONGRESS
  1st Session
                                S. 1033

                          [Report No. 105-51]

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 1998, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 1997

    Mr. Cochran, from the Committee on Appropriations, reported the 
    following bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 1998, 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, 1998, 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 pay the salaries 
and expenses of personnel of the Department of Agriculture to carry out 
section 793(c)(1)(C) of Public Law 104-127: 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, $5,252,000.

                       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, $12,360,000.

                 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.

         Office of Small and Disadvantaged Business Utilization

    For necessary expenses of the Office of Small and Disadvantaged 
Business Utilization, 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, 
$783,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
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, $4,773,000.

                        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, modification, and repair of buildings and facilities as 
necessary to carry out the programs of the Department, where not 
otherwise provided, $123,385,000: 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; and in 
addition, for necessary relocation expenses of the Department's 
agencies, $2,700,000, to remain available until expended; making a 
total appropriation of $131,085,000.

                       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, $24,948,000, 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, $3,668,000: 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, $63,728,000, 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 
$125,000, 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, 
$29,098,000.

  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, 
$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, 
$118,048,000, of which up to $36,327,000 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

                     (including transfers of funds)

    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, $738,000,000: 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, $69,100,000, 
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 $168,734,000 to carry into effect the provisions of the Hatch 
Act (7 U.S.C. 361a-361i); $20,497,000 for grants for cooperative 
forestry research (16 U.S.C. 582a-582a7); $27,735,000 for payments to 
the 1890 land-grant colleges, including Tuskegee University (7 U.S.C. 
3222); $47,525,000 for special grants for agricultural research (7 
U.S.C. 450i(c)); $13,619,000 for special grants for agricultural 
research on improved pest control (7 U.S.C. 450i(c)); $100,000,000 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); $550,000 
for supplemental and alternative crops and products (7 U.S.C. 3319d); 
$600,000 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; $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); $4,350,000 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); $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); $8,000,000 for sustainable 
agriculture research and education (7 U.S.C. 5811); $9,200,000 for a 
program of capacity building grants (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, 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 
$10,991,000 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, $427,526,000.
    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 103-382 (7 U.S.C. 301 note), $4,600,000.

                          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, $268,493,000; $2,000,000 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, $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, $9,061,000; 
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, $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, $10,787,000; in all, $423,322,000: 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, 
$437,183,000, 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 1998 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 
1998, $100,000,000 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, $4,200,000, 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, 
$49,627,000, 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 $59,521,000 (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 $10,690,000 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, $23,583,000: 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 $43,092,000 (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, $590,614,000, 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 Farm Service Agency, Foreign 
Agricultural Service, the Office of Risk Management, and the Commodity 
Credit Corporation, $572,000.

                          Farm Service Agency

                         salaries and expenses

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$700,659,000: 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.

                         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, $550,000, 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.

           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, $460,000,000 of which $400,000,000 shall be for 
guaranteed loans; operating loans, $2,395,000,000, 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; for boll weevil eradication program loans as 
authorized by 7 U.S.C. 1989, $34,653,000; 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, $21,380,000, of which 
$15,440,000 shall be for guaranteed loans; operating loans, 
$71,394,500, of which $19,890,000 shall be for unsubsidized guaranteed 
loans and $19,280,000 shall be for subsidized guaranteed loans; Indian 
tribe land acquisition loans as authorized by 25 U.S.C. 488, $132,000; 
for emergency insured loans, $6,008,000 to meet the needs resulting 
from natural disasters; for boll weevil eradication program loans as 
authorized by 7 U.S.C. 1989, $249,500; and for credit sales of acquired 
property, $3,255,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $219,861,000, of which 
$209,861,000 shall be transferred to and merged with the ``Farm Service 
Agency, Salaries and Expenses'' account.

                         Risk Management Agency

                 Administrative and Operating Expenses

    For administrative and operating expenses, as authorized by the 
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933), 
$64,000,000: Provided, That not to exceed $700 shall be available for 
official reception and representation expenses, as authorized by 7 
U.S.C. 1506(i). In addition, for sales commissions of agents, as 
authorized by section 516 (7 U.S.C. 1516), $202,571,000.

                              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 subsections (a)(2), (b)(2), and (c) of 
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 1998, such sums as may be necessary to reimburse 
the Commodity Credit Corporation for net realized losses sustained, but 
not previously reimbursed (estimated to be $783,507,000 in the 
President's fiscal year 1998 Budget Request (H. Doc. 105-3)), but not 
to exceed $783,507,000, 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 1998, 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); administration of research, investigation, and 
surveys of watersheds of rivers and other waterways, for small 
watershed investigations and planning, and for technical assistance to 
carry out preventive measures, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C.1001-1009), and the Flood 
Control Act (33 U.S.C. 701); 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, $729,880,000, 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): Provided further, That 
not less than $80,138,000 shall be available to provide technical 
assistance for water resources assistance (Public Law-534 and Public 
Law-566).

               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, $40,000,000, 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 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) and, the 
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and the 
provisions of the Agriculture and Food Act of 1981 (16 U.S.C. 3451-
3461), $47,700,000, to remain available until expended (7 U.S.C. 2209): 
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 
Assistance Act of 1978 (16 U.S.C. 2101), as amended by the Federal 
Agriculture Improvement and Reform Act of 1996 (Public Law 104-127), 
including technical assistance and related expenses, $6,325,000, to 
remain available until expended, as authorized by the Act.

              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), 
$3,000,000, to remain available until expended.

                               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 community advancement program

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants, as 
authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, except for section 
381G of the Consolidated Farm and Rural Development Act, as amended (7 
U.S.C. 2009f), $644,259,000, to remain available until expended, of 
which $27,562,000 shall be for rural community programs described in 
section 381E(d)(1) of the Consolidated Farm and Rural Development Act, 
as amended; of which $568,304,000 shall be for the rural utilities 
programs described in section 381E(d)(2) of such Act; and of which 
$48,393,000 shall be for the rural business and cooperative development 
programs described in section 381E(d)(3) of such Act: Provided, That 
section 381E(d)(3)(B) of such Act is amended by inserting after the 
phrase, ``business and industry'', the words, ``direct and'': Provided 
further, That of the amount appropriated for rural utilities programs, 
not to exceed $24,500,000 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 such Act; not to exceed 
$15,000,000 shall be for water systems for rural and native villages in 
Alaska pursuant to section 306D of such Act; not to exceed $15,000,000 
shall be for technical assistance grants for rural waste systems 
pursuant to section 306(a)(14) of such Act; and not to exceed 
$5,650,000 shall be for contracting with qualified national 
organizations for a circuit rider program to provide technical 
assistance for rural water systems: Provided further, That of the total 
amounts appropriated, not to exceed $32,163,600 shall be available 
through June 30, 1998, for empowerment zones and enterprise 
communities, as authorized by Public Law 103-66, of which $1,614,600 
shall be for rural community programs described in section 381E(d)(1) 
of such Act; of which $21,952,000 shall be for the rural utilities 
programs described in section 381E(d)(2) of such Act; of which 
$8,597,000 shall be for the rural business and cooperative development 
programs described in section 381E(d)(3) of such Act: Provided further, 
That any obligated and unobligated balances available for prior years 
for the ``Rural Water and Waste Disposal Grants,'' ``Rural Water and 
Waste Disposal Loans Program Account,'' ``Emergency Community Water 
Assistance Grants,'' ``Solid Waste Management Grants,'' the community 
facility grant program in the ``Rural Housing Assistance Program'' 
Account, ``Community Facility Loans Program Account,'' ``Rural Business 
Enterprise Grants,'' ``Rural Business and Industry Loans Program 
Account,'' and ``Local Technical Assistance and Planning Grants'' shall 
be transferred to and merged with this account.

                         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; $30,000,000 for section 504 housing 
repair loans; $19,700,000 for section 538 guaranteed multi-family 
housing loans; $15,001,000 for section 514 farm labor housing; 
$128,640,000 for section 515 rental housing; $600,000 for section 524 
site loans; $25,004,000 for credit sales of acquired property; and 
$587,000 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, $133,390,000, of which 
$5,290,000 shall be for unsubsidized guaranteed loans; section 504 
housing repair loans, $10,308,000; section 538 multi-family housing 
guaranteed loans, $1,200,000; section 514 farm labor housing, 
$7,388,000; section 515 rental housing, $68,745,000; credit sales of 
acquired property, $3,493,000; and section 523 self-help housing land 
development loans, $20,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $354,785,000, 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, $541,397,000; and in addition such sums as may be necessary, 
as authorized by section 521 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 1998 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 community fire protection grants

    For grants pursuant to section 7 of the Cooperative Forestry 
Assistance Act of 1978 (Public Law 95-313), $1,285,000 to fund up to 50 
percent of the cost of organizing, training, and equipping rural 
volunteer fire departments.

                    rural housing assistance grants

                     (including transfer of funds)

    For grants and contracts for housing for domestic farm labor, very 
low-income housing repair, supervisory and technical assistance, 
compensation for construction defects, and rural housing preservation 
made by the Rural Housing Service as authorized by 42 U.S.C. 1474, 
1479(c), 1486, 1490c, 1490e, and 1490m, $45,720,000, to remain 
available until expended: Provided, That any obligated and unobligated 
balances available from prior years in ``Rural Housing for Domestic 
Farm Labor,'' ``Supervisory and Technical Assistance Grants,'' ``Very 
Low-Income Housing Repair Grants,'' ``Compensation for Construction 
Defects,'' and ``Rural Housing Preservation Grants'' shall be 
transferred to and merged with this account: Provided further, That of 
the total amount appropriated, $1,200,000 shall be 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, 1998, they shall 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, $58,804,000: 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, $19,200,000, 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, 1998, of the total amount appropriated 
$3,618,750 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, $7,500,000.
    In addition, for administrative expenses to carry out the direct 
loan programs, $3,482,000 shall be transferred to and merged with the 
appropriation for ``Salaries and Expenses''.

            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, as amended, 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, 
$3,076,000.

 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), 
$10,000,000 is appropriated to the alternative agricultural research 
and commercialization corporation revolving fund.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act, as amended 
(7 U.S.C. 1932), $3,000,000, of which up to $1,500,000 may be available 
for cooperative agreements for appropriate technology transfer for 
rural areas program.

                         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, $52,756,000; cost of money 
rural telecommunications loans, $300,000,000; municipal rate rural 
electric loans, $500,000,000; 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 and 936), as follows: cost of direct loans, 
$11,393,000; cost of municipal rate loans, $21,100,000; cost of money 
rural telecommunications loans, $60,000; cost of loans guaranteed 
pursuant to section 306, $2,760,000: 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 1998 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), $3,710,000.
    In addition, for administrative expenses necessary to carry out the 
loan programs, $3,000,000.

               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, $12,030,000, 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.

                         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, $33,000,000: 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 et seq.), except section 21, and the Child Nutrition 
Act of 1966 (42 U.S.C. 1772 et seq.), except sections 17 and 21; 
$7,769,066,000, to remain available through September 30, 1999, of 
which $2,617,675,000 is hereby appropriated and $5,151,391,000 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 $4,124,000 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), $3,927,600,000, to remain available 
through September 30, 1999, of which up to $12,000,000 may be used to 
carry out the farmers' market nutrition program from any funds not 
needed to maintain current caseload levels: Provided, That 
notwithstanding sections 17 (g), (h), and (i) of such Act, the 
Secretary shall adjust fiscal year 1998 State allocations to reflect 
food funds available to the State from fiscal year 1997 under section 
17(i)(3)(A)(ii) and 17(i)(3)(D): Provided further, That the Secretary 
shall allocate funds recovered from fiscal year 1997 first to States to 
maintain stability funding levels, as defined by regulations 
promulgated under section 17(g), and then to give first priority for 
the allocation of any remaining funds to States whose funding is less 
than their fair share of funds, as defined by regulations promulgated 
under section 17(g): 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: 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. 
2011 et seq.), $26,051,479,000, of which $1,000,000,000 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, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food Stamp Act: Provided, That this appropriation shall be subject to 
any work registration or workfare requirements as may be required by 
law.

                      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)), and the Emergency Food 
Assistance Act of 1983, as amended, $148,600,000, to remain available 
through September 30, 1999: 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)), and section 
311 of the Older Americans Act of 1965, as amended (42 U.S.C. 3030a), 
$141,165,000, to remain available through September 30, 1999.

                      food program administration

    For necessary administrative expenses of the domestic food programs 
funded under this Act, $107,719,000, 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), $136,664,000, of which $3,231,000 may be transferred from the 
Export Loan Program account in this Act, and $1,066,000 may be 
transferred from the Public Law 480 program account in this Act: 
Provided, That up to $3,000,000 shall be available in fiscal year 1999 
for overseas inflation, subject to documentation by USDA of actual 
overseas inflation and deflation: Provided further, 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).
    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) $226,900,000 for Public Law 480 title I 
credit, including Food for Progress programs; (2) $20,630,000 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) $30,000,000 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, $176,596,000.
    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, $1,881,000.

       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, 
$3,820,000; 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 
$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).

                     emerging markets export credit

    The Commodity Credit Corporation shall make available not less than 
$200,000,000 in credit guarantees under its export guarantee program 
for credit expended to finance the export sales of United States 
agricultural commodities and the products thereof to emerging markets, 
as authorized by section 1542 of Public Law 101-624 (7 U.S.C. 5622 
note).

                                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; $935,175,000, of 
which not to exceed $91,204,000 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.

                        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, 
$22,900,000, 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, 
$7,728,000.

                          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; $60,101,000 
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 $34,423,000 (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: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                     TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the fiscal year 1998 under this Act shall be available 
for the purchase, in addition to those specifically provided for, of 
not to exceed 394 passenger motor vehicles, of which 391 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; 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 1997 
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 of 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 1998 
shall remain available until expended to cover obligations made in 
fiscal year 1998 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 1998 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 716. 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. 717. None of the funds in this Act may be used to retire more 
than 5 per centum of the Class A stock of the Rural Telephone Bank or 
to maintain any account or subaccount within the accounting records of 
the Rural Telephone Bank the creation of which has not specifically 
been authorized by statute: Provided, That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise made 
available in this Act may be used to transfer to the Treasury or to the 
Federal Financing Bank any unobligated balance of the Rural Telephone 
Bank telephone liquidating account which is in excess of current 
requirements and such balance shall receive interest as set forth for 
financial accounts in section 505(c) of the Federal Credit Reform Act 
of 1990.
    Sec. 718. 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 United States Mink Export Development Council or any 
mink industry trade association.
    Sec. 719. 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 and panels used to evaluate 
competitively awarded grants.
    Sec. 720. 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. 721. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 722. 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 
$150,000,000.
    Sec. 723. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board.
    Sec. 724. Section 3(c) of the Federal Noxious Weed Act of 1974 (7 
U.S.C. 2802 (c)) is amended by inserting before the period at the end 
the following: ``, and includes kudzu (Pueraria lobata Dc)''.
    Sec. 725. Notwithstanding section 520 of the Housing Act of 1949, 
(42 U.S.C. 1490) the Martin Luther King area of Pawley's Island, South 
Carolina, located in Georgetown County, shall be eligible for loans and 
grants under section 504 of the Housing Act of 1949, as amended.
    Sec. 726. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate the Food 
and Drug Administration Division of Drug Analysis in St. Louis, 
Missouri, or to proceed with a plan to close or consolidate the Food 
and Drug Administration's Baltimore, Maryland, laboratory.
    Sec. 727. The Secretary of Agriculture, before making any reduction 
in the employee level required to carry out a program or activity under 
the jurisdiction of the Under Secretary for Rural Development, shall 
submit to the Committee on Appropriations of the House of 
Representatives and the Committee on Appropriations of the Senate a 
plan (including the justification and cost savings) for reducing the 
employee level below the level described in the budget submitted by the 
President for fiscal year 1998.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
1998''.




                                                       Calendar No. 116

105th CONGRESS

  1st Session

                                S. 1033

                          [Report No. 105-51]

_______________________________________________________________________

                                 A BILL

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 1998, and for other purposes.

_______________________________________________________________________

                             July 17, 1997

                 Read twice and placed on the calendar