[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1906 Enrolled Bill (ENR)]
H.R.1906
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 2000, 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, 2000, 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, $15,436,000, of which, $12,600,000, to remain available until
expended, shall be available only for the development and
implementation of a common computing environment: 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 the funds made available for the development and
implementation of a common computing environment shall only be
available upon approval of the Committees on Appropriations and
Agriculture of the House of Representatives and the Senate of a plan
for the development and implementation of a common computing
environment: 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, energy and new uses,
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, $6,411,000.
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, $6,583,000.
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, $6,051,000.
Office of the 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, $4,783,000.
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 by 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, $140,364,000:
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.
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, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recovery
Act, 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, $34,738,000, 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.
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.
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
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,568,000: Provided, That no
other funds appropriated to the Department by 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 by 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, $65,128,000, 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, including not to exceed $50,000 for employment under 5 U.S.C.
3109; and including 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.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$29,194,000.
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,
$65,419,000: Provided, That $1,000,000 shall be transferred to and
merged with the appropriation for ``Food and Nutrition Service, Food
Program Administration'' for studies and evaluations: 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).
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, as
authorized by 7 U.S.C. 1621-1627, Public Law 105-113, and other laws,
$99,405,000, of which up to $16,490,000 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, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $834,322,000: 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
10 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 appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center, including an easement to the University
of Maryland to construct the Transgenic Animal Facility which upon
completion shall be accepted by the Secretary as a gift: 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.
In fiscal year 2000, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account and shall remain
available until expended for authorized purposes.
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, $52,500,000,
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 $180,545,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry
research (16 U.S.C. 582a-a7); $30,676,000 for payments to the 1890
land-grant colleges, including Tuskegee University (7 U.S.C. 3222), of
which $1,000,000 shall be made available to West Virginia State College
in Institute, West Virginia, which for fiscal year 2000 and thereafter
shall be designated as an eligible institution under section 1445 of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3222); $63,238,000 for special grants for
agricultural research (7 U.S.C. 450i(c)); $13,721,000 for special
grants for agricultural research on improved pest control (7 U.S.C.
450i(c)); $119,300,000 for competitive research grants (7 U.S.C.
450i(b)); $5,109,000 for the support of animal health and disease
programs (7 U.S.C. 3195); $750,000 for supplemental and alternative
crops and products (7 U.S.C. 3319d); $650,000 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 (7 U.S.C.
3318), to remain available until expended; $500,000 for the 1994
research program (7 U.S.C. 301 note); $3,000,000 for higher education
graduate fellowship 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 multicultural scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,850,000 for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241); $500,000 for a secondary agriculture education program and 2-
year post-secondary education (7 U.S.C. 3152(h)); $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); $1,552,000 for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382; and
$14,825,000 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, $485,698,000.
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,
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,
$276,548,000; payments for extension work at the 1994 Institutions
under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,060,000; 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, $4,000,000;
payments to upgrade research, extension, and teaching facilities at the
1890 land-grant colleges, including Tuskegee University, as authorized
by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $12,000,000, to
remain available until expended; payments for the rural development
centers under section 3(d) of the Act, $908,000; payments for youth-at-
risk programs under section 3(d) of the Act, $9,000,000; 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, $1,714,000; 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 and 328) and Tuskegee
University, $26,843,000, of which $1,000,000 shall be made available to
West Virginia State College in Institute, West Virginia, which for
fiscal year 2000 and thereafter shall be designated as an eligible
institution under section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221); and for
Federal administration and coordination including administration of the
Smith-Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349),
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,
$12,242,000; in all, $424,922,000: 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, 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.
integrated activities
For the integrated research, education, and extension competitive
grants programs, including necessary administrative expenses,
$39,541,000, as follows: payments for the water quality program,
$13,000,000; payments for the food safety program, $15,000,000;
payments for the national agriculture pesticide impact assessment
program, $4,541,000; payments for the Food Quality Protection Act risk
mitigation program for major food crop systems, $4,000,000; payments
for the crops affected by Food Quality Protection Act implementation,
$1,000,000; and payments for the methyl bromide transition program,
$2,000,000, as authorized under section 406 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service, the 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 (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, $441,263,000, of which $4,105,000
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 may be deemed 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, and section
102 of the Act of September 21, 1944, 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 2000, 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
2000, $87,000,000 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, $5,200,000, 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 the second sentence of 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, $51,625,000, 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 $60,730,000 (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 $12,443,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 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, 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, including 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 $25,000 for
employment under 5 U.S.C. 3109, $26,448,000: 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.
limitation on inspection and weighing services expenses
Not to exceed $42,557,000 (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 out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, $649,411,000, of which no less than
$544,902,000 shall be available for Federal food inspection, 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 the second sentence of 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, the Foreign
Agricultural Service, the Risk Management Agency, 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,
$794,839,000: 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 (7 U.S.C. 5101-5106), $3,000,000.
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 (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, $450,000, 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 the
farmer's 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, $559,422,000, of which $431,373,000 shall be for
guaranteed loans; operating loans, $2,397,842,000, of which
$1,697,842,000 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, $1,028,000; for
emergency insured loans, $25,000,000 to meet the needs resulting from
natural disasters; and for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $100,000,000.
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, $7,243,000, of which
$2,416,000, shall be for guaranteed loans; operating loans,
$70,860,000, of which $23,940,000 shall be for unsubsidized guaranteed
loans and $17,620,000 shall be for subsidized guaranteed loans; Indian
tribe land acquisition loans as authorized by 25 U.S.C. 488, $21,000;
and for emergency insured loans, $3,882,000 to meet the needs resulting
from natural disasters.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $214,161,000, of which
$209,861,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs with the prior
approval of the House and Senate Committees on Appropriations.
Risk Management Agency
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).
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 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, 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 2000, such sums as may be necessary to reimburse
the Commodity Credit Corporation for net realized losses sustained, but
not previously reimbursed, pursuant to section 2 of the Act of August
17, 1961 (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 2000, 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, 42 U.S.C. 9607(g), and section 6001 of
the Resource Conservation and Recovery Act, 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-f), 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,
$661,243,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,990,000 is for snow survey and water forecasting
and not less than $9,125,000 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 (43 U.S.C. 1592(c)): 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 (16 U.S.C.
1001-1009), $10,368,000: 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 (16 U.S.C.
1001-1005 and 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, $99,443,000, 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 and 16 U.S.C. 1006a)):
Provided, That not to exceed $47,000,000 of this appropriation shall be
available for technical assistance: 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 $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), 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: Provided further, That of the funds available for
Emergency Watershed Protection activities, $8,000,000 shall be
available for Mississippi, New Mexico, Ohio, and Wisconsin for
financial and technical assistance for pilot rehabilitation projects of
small, upstream dams built under the Watershed and Flood Prevention Act
(16 U.S.C. 1001 et seq., section 13 of the Act of December 22, 1994;
Public Law 78-534; 58 Stat. 905), and the pilot watershed program
authorized under the heading ``FLOOD PREVENTION'' of the Department of
Agriculture Appropriation Act, 1954 (Public Law 83-156; 67 Stat. 214).
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 (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), $35,265,000, 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 by 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, the 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, 1926d, and 1932, except for
sections 381E-H, 381N, and 381O of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009f), $718,837,000, to remain available
until expended, of which $23,150,000 shall be for rural community
programs described in section 381E(d)(1) of such Act; of which
$631,088,000 shall be for the rural utilities programs described in
section 381E(d)(2), 306C(a)(2), and 306D of such Act; and of which
$64,599,000 shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided, That of
the amount appropriated for rural community programs, $6,000,000 shall
be available for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and community
development organizations, and low-income rural communities to
undertake projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided further,
That such funds shall be made available to qualified private and public
(including tribal) intermediary organizations proposing to carry out a
program of technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources in an amount not less than funds provided: Provided further,
That of the amount appropriated for the rural business and cooperative
development programs, not to exceed $500,000 shall be made available
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That of the amount appropriated for
rural utilities programs, not to exceed $20,000,000 shall be for water
and waste disposal systems to benefit the Colonias along the United
States/Mexico borders, including grants pursuant to section 306C of
such Act; not to exceed $12,000,000 shall be for water and waste
disposal systems to benefit Federally Recognized Native American
Tribes, including grants pursuant to section 306C of such Act: Provided
further, That the Federally Recognized Native American Tribe is not
eligible for any other rural utilities programs set aside under the
Rural Community Advancement Program; not to exceed $20,000,000 shall be
for water and waste disposal systems for rural and native villages in
Alaska pursuant to section 306D of such Act with up to one percent
available to administer the program and up to one percent available to
improve interagency coordination; not to exceed $16,215,000 shall be
for technical assistance grants for rural waste systems pursuant to
section 306(a)(14) of such Act; and not to exceed $7,300,000 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 amount appropriated, not to exceed
$45,245,000 shall be available through June 30, 2000, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones; of which $34,704,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act; of which $8,435,000 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 from prior years for the
``Rural Utilities Assistance Program'' account 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,
to be available from funds in the rural housing insurance fund, as
follows: $4,300,000,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $3,200,000,000 shall be for
unsubsidized guaranteed loans; $32,396,000 for section 504 housing
repair loans; $100,000,000 for section 538 guaranteed multi-family
housing loans; $25,001,000 for section 514 farm labor housing;
$114,321,000 for section 515 rental housing; $5,152,000 for section 524
site loans; $7,503,000 for credit sales of acquired property, of which
up to $1,250,000 may be for multi-family credit sales; and $5,000,000
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, $113,350,000, of which
$19,520,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $9,900,000; section 538 multi-family housing
guaranteed loans, $480,000; section 514 farm labor housing,
$11,308,000; section 515 rental housing, $45,363,000; section 524 site
loans, $4,000; credit sales of acquired property, $874,000, of which up
to $494,250 may be for multi-family credit sales; and section 523 self-
help housing land development loans, $281,000: Provided, That of the
total amount appropriated in this paragraph, $11,180,000 shall be
available through June 30, 2000, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $375,879,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service, Salaries and Expenses'': Provided, That of this amount the
Secretary of Agriculture may transfer up to $7,000,000 to the
appropriation for ``Outreach for Socially Disadvantaged Farmers''.
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,
$640,000,000; 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 2000 shall be funded for a
5-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), $28,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be available through June 30, 2000, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
Rural Housing Assistance Grants
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, 1490e, and 1490m, $45,000,000, to remain available until
expended: Provided, That of the total amount appropriated, $1,200,000
shall be available through June 30, 2000, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones.
Salaries and Expenses
For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm and
Rural Development Act, title V of the Housing Act of 1949, and
cooperative agreements, $61,979,000: 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 $520,000 may be used for employment under 5 U.S.C. 3109:
Provided further, That the Administrator may expend not more than
$10,000 to provide modest nonmonetary awards to non-USDA employees.
Rural Business-Cooperative Service
Rural Development Loan Fund Program Account
(including transfers of funds)
For the cost of direct loans, $16,615,000, 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 $38,256,000: Provided
further, That of the total amount appropriated, $3,216,000 shall be
available through June 30, 2000, for the cost of direct loans for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $3,337,000 shall be transferred to and merged with the
appropriation for ``Rural Business-Cooperative Service, Salaries and
Expenses''.
Rural Economic Development Loans Program Account
(including rescission 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,
$15,000,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,453,000.
Of the funds derived from interest on the cushion of credit
payments in fiscal year 2000, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,453,000 shall not be obligated and
$3,453,000 are rescinded.
Rural Cooperative Development Grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $6,000,000, of which $1,500,000 shall be available for
cooperative agreements for the appropriate technology transfer for
rural areas program: Provided, That at least 25 percent of the total
amount appropriated shall be made available to cooperatives or
associations of cooperatives that assist small, minority producers.
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; 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 for cooperative agreements,
$24,612,000: 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 $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 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $121,500,000; 5 percent rural
telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $295,000,000; and loans made pursuant to section 306 of that
Act, rural electric, $1,700,000,000 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 (7
U.S.C. 935 and 936), as follows: cost of direct loans, $1,935,000; cost
of municipal rate loans, $10,827,000; cost of money rural
telecommunications loans, $2,370,000: 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, $31,046,000, which shall be
transferred to and merged with the appropriation for ``Rural Utilities
Service, Salaries and Expenses''.
rural telephone bank program account
(including transfers of funds)
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 may be necessary in carrying out
its authorized programs. During fiscal year 2000 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 (7 U.S.C. 935),
$3,290,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,000,000, which shall be transferred to and merged
with the appropriation for ``Rural Utilities Service, Salaries and
Expenses''.
Distance Learning and Telemedicine Program
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $20,700,000, 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, and the Consolidated Farm and Rural Development Act, and for
cooperative agreements, $34,107,000: 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 $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 Nutrition Service,
$554,000.
Food and Nutrition Service
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. 1771 et seq.), except sections 17 and 21;
$9,554,028,000, to remain available through September 30, 2001, of
which $4,618,829,000 is hereby appropriated and $4,935,199,000 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, except as specifically
provided under this heading, none of the funds made available under
this heading shall be used for studies and evaluations: Provided
further, That of the funds made available under this heading, up to
$7,000,000 shall be for school breakfast pilot projects, including the
evaluation required under section 18(e) of the National School Lunch
Act: Provided further, That up to $4,363,000 shall be available for
independent verification of school food service claims: Provided
further, That none of the funds under this heading shall be available
unless the value of bonus commodities provided under section 32 of the
Act of August 24, 1935 (49 Stat. 774, chapter 641; 7 U.S.C. 612c), and
section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) is included
in meeting the minimum commodity assistance requirement of section 6(g)
of the National School Lunch Act (42 U.S.C. 1755(g)).
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), $4,032,000,000, to remain available
through September 30, 2001: Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That of the total amount available, the Secretary
shall obligate $10,000,000 for the farmers' market nutrition program
within 45 days of the enactment of this Act, and an additional
$5,000,000 for the farmers' market nutrition program from any funds not
needed to maintain current caseload levels: 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 none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of the Child
Nutrition Act of 1966.
Food Stamp Program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $21,071,751,000, of which $100,000,000 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 none of the
funds made available under this heading shall be used for studies and
evaluations: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act.
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, $133,300,000, to remain available through
September 30, 2001: 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 necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973; special assistance for the nuclear
affected islands as authorized by section 103(h)(2) of the Compacts of
Free Association Act of 1985, as amended; and section 311 of the Older
Americans Act of 1965, $141,081,000, to remain available through
September 30, 2001.
Food Program Administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $111,561,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assisting in the prevention, identification, and prosecution of fraud
and other violations of law and of which not less than $3,000,000 shall
be available to improve integrity in the Food Stamp and Child Nutrition
programs: 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 (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), $109,203,000: 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. 1737) and the foreign assistance programs
of the United States Agency for International Development.
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 (7 U.S.C. 1691, 1701-1704, 1721-1726a, 1727-1727e, 1731-1736g-3,
and 1737), as follows: (1) $155,000,000 for Public Law 480 title I
credit, including Food for Progress programs; (2) $21,000,000 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; and (3) $800,000,000 is hereby appropriated
for commodities supplied in connection with dispositions abroad
pursuant to title II 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, and the Food
for Progress Act of 1985, including the cost of modifying credit
agreements under said Act, $127,813,000.
In addition, for administrative expenses to carry out the Public
Law 480 title I credit program, and the Food for Progress Act of 1985,
to the extent funds appropriated for Public Law 480 are utilized,
$1,850,000, of which $1,035,000 may be transferred to and merged with
the appropriation for ``Foreign Agricultural Service and General Sales
Manager'' and $815,000 may be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
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 $3,231,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service and General Sales Manager'' and $589,000 may be
transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
Salaries and Expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; $1,186,072,000, of which not to
exceed $145,434,000 in prescription drug user fees authorized by 21
U.S.C. 379(h) may be credited to this appropriation and remain
available until expended: Provided, That fees derived from applications
received during fiscal year 2000 shall be subject to the fiscal year
2000 limitation: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $269,245,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $309,026,000 shall be for the Center for
Drug Evaluation and Research and related field activities in the Office
of Regulatory Affairs, of which no less than $11,542,000 shall be
available for grants and contracts awarded under section 5 of the
Orphan Drug Act (21 U.S.C. 360ee); (3) $132,092,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $48,821,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $154,271,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs, of which
$1,000,000 shall be for premarket review, enforcement and oversight
activities related to users and manufacturers of all reprocessed
medical devices as authorized by the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321 et seq.), and of which no less than $55,500,000 and
522 full-time equivalent positions shall be for premarket application
review activities to meet statutory review times; (6) $34,536,000 shall
be for the National Center for Toxicological Research; (7) $34,000,000
shall be for the Office of Tobacco; (8) $25,855,000 shall be for Rent
and Related activities, other than the amounts paid to the General
Services Administration; (9) $100,180,000 shall be for payments to the
General Services Administration for rent and related costs; and (10)
$78,046,000 shall be for other activities, including the Office of the
Commissioner; the Office of Policy; the Office of the Senior Associate
Commissioner; the Office of International and Constituent Relations;
the Office of Policy, Legislation, and Planning; and central services
for these offices: Provided further, That funds may be transferred from
one specified activity to another with the prior approval of the
Committee on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263(b)
may be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until
expended.
Buildings and Facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$11,350,000, to remain available until expended (7 U.S.C. 2209b).
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; 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, $63,000,000, including not
to exceed $1,000 for official reception and representation expenses:
Provided, That for fiscal year 2000 and thereafter, 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 $35,800,000 (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 2000 under this Act shall be available
for the purchase, in addition to those specifically provided for, of
not to exceed 365 passenger motor vehicles, of which 361 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 and 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:
Animal and Plant Health Inspection Service, the contingency fund to
meet emergency conditions, fruit fly program, integrated systems
acquisition project, boll weevil program, up to 10 percent of the
screwworm program, and up to $2,000,000 for costs associated with
colocating regional offices; Food Safety and Inspection Service, field
automation and information management project; funds appropriated for
rental payments; Cooperative State Research, Education, and Extension
Service, funds for competitive research grants (7 U.S.C. 450i(b)) and
funds for the Native American Institutions Endowment Fund; Farm Service
Agency, salaries and expenses funds made available to county
committees; and Foreign Agricultural Service, middle-income country
training program.
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 the 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
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. 711. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 19 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the
Cooperative State Research, Education, and Extension Service shall be
available to pay full allowable indirect costs for each grant awarded
under the Small Business Innovation Development Act of 1982, Public Law
97-219 (15 U.S.C. 638).
Sec. 712. Notwithstanding any other provision of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 713. Notwithstanding any other provision of law, effective on
September 29, 1999, appropriations made available to the Rural Housing
Insurance Fund Program Account for the costs of direct and guaranteed
loans and to the Rural Housing Assistance Grants Account in fiscal
years 1994, 1995, 1996, 1997, 1998, and 1999 shall remain available
until expended to cover obligations made in each of those fiscal years
respectively with regard to each account.
Sec. 714. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 2000
shall remain available until expended to cover obligations made in
fiscal year 2000 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; the
Rural Housing Insurance Fund Program Account; and the rural economic
development loans program account.
Sec. 715. Such sums as may be necessary for fiscal year 2000 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated by this Act.
Sec. 716. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing
Service; Grain Inspection, Packers and Stockyards Administration; the
Animal and Plant Health Inspection Service; and the food safety
activities of the Food Safety and Inspection Service may use
cooperative agreements to reflect a relationship between the
Agricultural Marketing Service; the Grain Inspection, Packers and
Stockyards Administration; the Animal and Plant Health Inspection
Service; or the Food Safety and Inspection Service and a State or
Cooperator to carry out agricultural marketing programs, to carry out
programs to protect the Nation's animal and plant resources, or to
carry out educational programs or special studies to improve the safety
of the Nation's food supply.
Sec. 717. Notwithstanding any other provision of law (including
provisions of law requiring competition), the Secretary may enter into
cooperative agreements (which may provide for the acquisition of goods
or services, including personal services) with a State, political
subdivision, or agency thereof, a public or private agency,
organization, or any other person, if the Secretary determines that the
objectives of the agreement will: (1) serve a mutual interest of the
parties to the agreement in carrying out the Wetlands Reserve Program;
and (2) all parties will contribute resources to the accomplishment of
these objectives: Provided, That Commodity Credit Corporation funds
obligated for such purposes shall not exceed the level obligated by the
Commodity Credit Corporation for such purposes in fiscal year 1998.
Sec. 718. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act
of 1990.
Sec. 719. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants: Provided, That interagency funding is
authorized to carry out the purposes of the National Drought Policy
Commission.
Sec. 720. None of the funds appropriated by 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 to the Department of Agriculture shall be used to transmit or
otherwise make available to any non-Department of Agriculture employee
questions or responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 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: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committee
on Appropriations of both Houses of Congress.
Sec. 724. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2000, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates
a program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been denied
or restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes
any functions or activities presently performed by Federal employees;
unless the Committee on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2000, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committee on Appropriations of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 725. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to pay the salaries
and expenses of personnel to carry out the transfer or obligation of
fiscal year 2000 funds under the provisions of section 793 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 an environmental quality incentives program
authorized by sections 334-341 of Public Law 104-127 in excess of
$174,000,000.
Sec. 727. None of the funds appropriated or otherwise available to
the Department of Agriculture in fiscal year 2000 or thereafter may be
used to administer the provision of contract payments to a producer
under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.)
for contract acreage on which wild rice is planted unless the contract
payment is reduced by an acre for each contract acre planted to wild
rice.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel to enroll in excess of 150,000 acres in the fiscal year 2000
wetlands reserve program as authorized by 16 U.S.C. 3837.
Sec. 729. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the transfer or obligation of
fiscal year 2000 funds under the provisions of section 401 of Public
Law 105-185, the Initiative for Future Agriculture and Food Systems.
Sec. 730. Notwithstanding section 381A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009), in fiscal year 2000 and
thereafter, the definitions of rural areas for certain business
programs administered by the Rural Business-Cooperative Service and the
community facilities programs administered by the Rural Housing Service
shall be those provided for in statute and regulations prior to the
enactment of Public Law 104-127.
Sec. 731. None of the funds appropriated or otherwise made
available by this Act shall be used to carry out any commodity purchase
program that would prohibit eligibility or participation by farmer-
owned cooperatives.
Sec. 732. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel to carry out a conservation farm option program, as
authorized by section 335 of Public Law 104-127.
Sec. 733. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis in St. Louis, Missouri, or the Food and Drug
Administration Detroit, Michigan, District Office Laboratory; or to
reduce the Detroit, Michigan, Food and Drug Administration District
Office below the operating and full-time equivalent staffing level of
July 31, 1999; or to change the Detroit District Office to a station,
residence post or similarly modified office; or to reassign residence
posts assigned to the Detroit District Office.
Sec. 734. None of the funds made available by this Act or any other
Act for any fiscal year may be used to carry out section 302(h) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h)) unless the
Secretary of Agriculture inspects and certifies agricultural processing
equipment, and imposes a fee for the inspection and certification, in a
manner that is similar to the inspection and certification of
agricultural products under that section, as determined by the
Secretary: Provided, That this provision shall not affect the authority
of the Secretary to carry out the Federal Meat Inspection Act (21
U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451
et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).
Sec. 735. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to user
fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the users fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2001 appropriations Act.
Sec. 736. None of the funds appropriated or otherwise made
available by this Act shall be used to establish an Office of Community
Food Security or any similar office within the United States Department
of Agriculture without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 737. None of the funds appropriated or otherwise made
available by this or any other Act may be used to carry out provision
of section 612 of Public Law 105-185.
Sec. 738. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel to carry out the emergency food assistance program authorized
by section 27(a) of the Food Stamp Act (7 U.S.C. 2036(a)) if such
program exceeds $98,000,000.
Sec. 739. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan.
Sec. 740. Notwithstanding any other provision of law, in fiscal
year 2000 and thereafter, permanent employees of county committees
employed on or after October 1, 1998, pursuant to 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be
considered as having Federal Civil Service status only for the purpose
of applying for United States Department of Agriculture Civil Service
vacancies.
Sec. 741. None of the funds appropriated or otherwise made
available by this Act may be used to declare excess or surplus all or
part of the lands and facilities owned by the Federal Government and
administered by the Secretary of Agriculture at Fort Reno, Oklahoma, or
to transfer or convey such lands or facilities, without the specific
authorization of Congress.
Sec. 742. Notwithstanding any other provision of law, the Chief of
the Natural Resources Conservation Service shall provide funds, within
discretionary amounts available, for the settlement of claims
associated with the Chuquatonchee Watershed Project in Mississippi to
close out this project.
Sec. 743. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall offer to
enter into an agreement with the Governor of the State of Hawaii to
conduct a pilot program to inspect mail entering the State of Hawaii
for any plant, plant product, plant pest, or other organism that is
subject to Federal quarantine laws.
(b) The agreement described in subsection (a) shall contain the
same terms and conditions as are contained in the memorandum of
understanding entered into between the Secretary and the State of
California, dated February 1, 1999, unless the Secretary and the
Governor agree to different terms or conditions.
(c) Unless the Secretary and the Governor agree otherwise, the
agreement described in subsection (b) shall terminate on the later of--
(1) the date that is 1 year after the date the agreement
becomes effective; or
(2) the date that the February 1, 1999 memorandum of
understanding terminates.
Sec. 744. Notwithstanding any other provision of law, the Secretary
is authorized under section 306 of the Consolidated Farm and Rural
Development Act, as amended (7 U.S.C. 1926), to provide guaranteed
lines of credit, including working capital loans, for health care
facilities, to address Year 2000 computer conversion issues.
Sec. 745. After taking any action involving the seizure,
quarantine, treatment, destruction, or disposal of wheat infested with
karnal bunt, the Secretary of Agriculture shall compensate the
producers and handlers for economic losses incurred as the result of
the action not later than 45 days after receipt of a claim that
includes all appropriate paperwork.
Sec. 746. In addition to amounts otherwise appropriated or made
available by this Act, $2,000,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships through the
Congressional Hunger Center, which is an organization described in
subsection (c)(3) of section 501 of the Internal Revenue Code of 1986
and is exempt from taxation under subsection (a) of such section.
Sec. 747. Notwithstanding any other provision of law, there are
hereby appropriated $250,000 for the program authorized under section
388 of the Federal Agriculture Improvement and Reform Act of 1996,
solely for use in the State of New Hampshire.
Sec. 748. The Immigration and Nationality Act (8 U.S.C. 1188 et
seq.) is amended--
(1) in section 218(c)(1) by striking ``60 days'' and inserting
``45 days''; and
(2) in section 218(c)(3)(A) by striking ``20 days'' and
inserting ``30 days''.
Sec. 749. Successorship Provisions Relating to Bargaining Units and
Exclusive Representatives. (a) Voluntary Agreement.--
(1) In general.--If the exercise of the Secretary of
Agriculture's authority under this section results in changes to an
existing bargaining unit that has been certified under chapter 71
of title 5, United States Code, the affected parties shall attempt
to reach a voluntary agreement on a new bargaining unit and an
exclusive representative for such unit.
(2) Criteria.--In carrying out the requirements of this
subsection, the affected parties shall use criteria set forth in--
(A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 of
title 5, United States Code, relating to determining an
exclusive representative; and
(B) section 7112 of title 5, United States Code
(disregarding subsections (b)(5) and (d) thereof), relating to
determining appropriate units.
(b) Effect of an Agreement.--
(1) In general.--If the affected parties reach agreement on the
appropriate unit and the exclusive representative for such unit
under subsection (a), the Federal Labor Relations Authority shall
certify the terms of such agreement, subject to paragraph (2)(A).
Nothing in this subsection shall be considered to require the
holding of any hearing or election as a condition for
certification.
(2) Restrictions.--
(A) Conditions requiring noncertification.--The Federal
Labor Relations Authority may not certify the terms of an
agreement under paragraph (1) if--
(i) it determines that any of the criteria referred to
in subsection (a)(2) (disregarding section 7112(a) of title
5, United States Code) have not been met; or
(ii) after the Secretary's exercise of authority and
before certification under this section, a valid election
under section 7111(b) of title 5, United States Code, is
held covering any employees who would be included in the
unit proposed for certification.
(B) Temporary waiver of provision that would bar an
election after a collective bargaining agreement is reached.--
Nothing in section 7111(f)(3) of title 5, United States Code,
shall prevent the holding of an election under section 7111(b)
of such title that covers employees within a unit certified
under paragraph (1), or giving effect to the results of such an
election (including a decision not to be represented by any
labor organization), if the election is held before the end of
the 12-month period beginning on the date such unit is so
certified.
(C) Clarification.--The certification of a unit under
paragraph (1) shall not, for purposes of the last sentence of
section 7111(b) of title 5, United States Code, or section
7111(f)(4) of such title, be treated as if it had occurred
pursuant to an election.
(3) Delegation.--
(A) In general.--The Federal Labor Relations Authority may
delegate to any regional director (as referred to in section
7105(e) of title 5, United States Code) its authority under the
preceding provisions of this subsection.
(B) Review.--Any action taken by a regional director under
subparagraph (A) shall be subject to review under the
provisions of section 7105(f) of title 5, United States Code,
in the same manner as if such action had been taken under
section 7105(e) of such title, except that in the case of a
decision not to certify, such review shall be required if
application therefore is filed by an affected party within the
time specified in such provisions.
(c) Definition.--For purposes of this section, the term ``affected
party'' means--
(1) with respect to an exercise of authority by the Secretary
of Agriculture under this section, any labor organization affected
thereby; and
(2) the Department of Agriculture.
Sec. 750. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used for the
implementation of a Support Services Bureau or similar organization.
Sec. 751. Contracts for Procurement or Processing of Certain
Commodities. (a) Definitions.--In this section:
(1) HUBZone sole source contract.--The term ``HUBZone sole
source contract'' means a sole source contract authorized by
section 31 of the Small Business Act (15 U.S.C. 657a).
(2) HUBZone price evaluation preference.--The term ``HUBZone
price evaluation preference'' means a price evaluation preference
authorized by section 31 of the Small Business Act (15 U.S.C.
657a).
(3) Qualified HUBZone small business concern.--The term
``qualified HUBZone small business concern'' has the meaning given
the term in section 3(p) of the Small Business Act (15 U.S.C.
632(p)).
(4) Covered procurement.--The term ``covered procurement''
means a contract for the procurement or processing of a commodity
furnished under title II or III of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.),
section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)),
the Food for Progress Act of 1985 (7 U.S.C. 1736o), or any other
commodity procurement or acquisition by the Commodity Credit
Corporation under any other law.
(b) Prohibition of Use of Funds.--None of the funds made available
by this Act may be used:
(1) to award a HUBZone sole source contract or a contract
awarded through full and open competition in combination with a
HUBZone price evaluation preference to any qualified HUBZone small
business concern in any covered procurement if performance of the
contract by the business concern would exceed the production
capacity of the business concern or would require the business
concern to subcontract to any other company or enterprise for the
purchase of the commodity being procured through the covered
procurement; and
(2) in any contract awarded through full and open competition
in any covered procurement--
(A) to fund a price evaluation preference greater than 5
percent if the dollar value of the contract awarded is not
greater than 50 percent of the total dollar value being
procured in a single tender for a commodity; or
(B) to fund any price evaluation preference at all if the
dollar value of the contract awarded is greater than 50 percent
of the total dollar value being procured in a single tender for
a commodity.
Sec. 752. Redesignation of National School Lunch Act as Richard B.
Russell National School Lunch Act. (a) In General.--The first section
of the National School Lunch Act (42 U.S.C. 1751 note) is amended by
striking ``National School Lunch Act'' and inserting ``Richard B.
Russell National School Lunch Act''.
(b) Conforming Amendments.--The following provisions of law are
amended by striking ``National School Lunch Act'' each place it appears
and inserting ``Richard B. Russell National School Lunch Act'':
(1) Sections 3 and 13(3)(A) of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public
Law 100-237).
(2) Section 404 of the Agricultural Act of 1949 (7 U.S.C.
1424).
(3) Section 201(a) of the Act entitled ``An Act to extend the
Agricultural Trade Development and Assistance Act of 1954, and for
other purposes'', approved September 21, 1959 (7 U.S.C. 1431c(a);
73 Stat. 610).
(4) Section 211(a) of the Agricultural Trade Suspension
Adjustment Act of 1980 (7 U.S.C. 4004(a)).
(5) Section 245A(h)(4)(A) of the Immigration and Nationality
Act (8 U.S.C. 1255a(h)(4)(A)).
(6) Sections 403(c)(2)(C), 422(b)(3), 423(d)(3), 741(a)(1), and
742 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(C), 1632(b)(3),
1183a note, 42 U.S.C. 1751 note, 8 U.S.C. 1615; Public Law 104-
193).
(7) Section 2243(b) of title 10, United States Code.
(8) Sections 404B(g)(1)(A), 404D(c)(2), and 404F(a)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1070a-22(g)(1)(A), 1070a-
24(c)(2), 1070a-26(a)(2); Public Law 105-244).
(9) Section 231(d)(3)(A)(i) of the Carl D. Perkins Vocational
Education Act (20 U.S.C. 2341(d)(3)(A)(i)).
(10) Section 1113(a)(5) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6313(a)(5)).
(11) Section 1397E(d)(4)(A)(iv)(II) of the Internal Revenue
Code of 1986.
(12) Sections 254(b)(2)(B) and 263(a)(2)(C) of the Job Training
Partnership Act (29 U.S.C. 1633(b)(2)(B), 1643(a)(2)(C)).
(13) Section 3803(c)(2)(C)(xiii) of title 31, United States
Code.
(14) Section 602(d)(9)(A) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 474(d)(9)(A)).
(15) Sections 2(4), 3(1), and 301 of the Healthy Meals for
Healthy Americans Act of 1994 (42 U.S.C. 1751 note; Public Law 103-
448).
(16) Sections 3, 4, 7, 10, 13, 16(b), 17, and 19(d) of the
Child Nutrition Act of 1966 (42 U.S.C. 1772, 1773, 1776, 1779,
1782, 1785(b), 1786, 1788(d)).
(17) Section 658O(b)(3) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858m(b)(3)).
(18) Subsection (b) of the first section of Public Law 87-688
(48 U.S.C. 1666(b)).
(19) Section 10405(a)(2)(H) of the Omnibus Budget
Reconciliation Act of 1989 (Public Law 101-239; 103 Stat. 2489).
Sec. 753. Public Law 105-199 (112 Stat. 641) is amended in section
3(b)(1)(G) by striking ``persons'' and inserting ``governors, who may
be represented on the Commission by their respective designees,''.
Sec. 754. Section 889 of the Federal Agriculture Improvement and
Reform Act of 1996 is amended--
(1) in the heading, by inserting ``HARRY K. DUPREE'' before
``STUTTGART'';
(2) in subsection (b)(1)--
(A) in the heading, by inserting ``HARRY K. DUPREE'' before
``STUTTGART''; and
(B) in subparagraphs (A) and (B), by inserting ``Harry K.
Dupree'' before ``Stuttgart National Aquaculture Research
Center'' each place it appears.
Sec. 755. Tobacco Leasing and Information. (a) Cross-County
Leasing.--Section 319(l) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1314e(l)) is amended in the second sentence by inserting ``,
Ohio, Indiana, Kentucky,'' after ``Tennessee''.
(b) Tobacco Production and Marketing Information.--Part I of
subtitle B of title III of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1311 et seq.) is amended by adding at the end the following:
``SEC. 320D. TOBACCO PRODUCTION AND MARKETING INFORMATION.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may, subject to subsection (b), release marketing information
submitted by persons relating to the production and marketing of
tobacco to State trusts or similar organizations engaged in the
distribution of national trust funds to tobacco producers and other
persons with interests associated with the production of tobacco, as
determined by the Secretary.
``(b) Limitations.--
``(1) In general.--Information may be released under subsection
(a) only to the extent that--
``(A) the release is in the interest of tobacco producers,
as determined by the Secretary; and
``(B) the information is released to a State trust or other
organization that is created to, or charged with, distributing
funds to tobacco producers or other parties with an interest in
tobacco production or tobacco farms under a national or State
trust or settlement.
``(2) Exemption from release.--The Secretary shall, to the
maximum extent practicable, in advance of making a release of
information under subsection (a), allow, by announcement, a period
of at least 15 days for persons whose consent would otherwise be
required by law to effectuate the release, to elect to be exempt
from the release.
``(c) Assistance.--
``(1) In general.--In making a release under subsection (a),
the Secretary may provide such other assistance with respect to
information released under subsection (a) as will facilitate the
interest of producers in receiving the funds that are the subject
of a trust described in subsection (a).
``(2) Funds.--The Secretary shall use amounts made available
for salaries and expenses of the Department to carry out paragraph
(1).
``(d) Records.--
``(1) In general.--A person who obtains information described
in subsection (a) shall maintain records that are consistent with
the purposes of the release and shall not use the records for any
purpose not authorized under this section.
``(2) Penalty.--A person who knowingly violates this subsection
shall be fined not more than $10,000, imprisoned not more than 1
year, or both.
``(e) Application.--This section shall not apply to--
``(1) records submitted by cigarette manufacturers with respect
to the production of cigarettes;
``(2) records that were submitted as expected purchase
intentions in connection with the establishment of national tobacco
quotas; or
``(3) records that aggregate the purchases of particular
buyers.''.
Sec. 756. Notwithstanding section 306(a)(7) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)(7)), the City of
Berlin, New Hampshire, shall be eligible during fiscal year 2000 for a
rural utilities grant or loan under the Rural Community Advancement
Program.
Sec. 757. Cranberry Marketing Orders. (a) Paid Advertising for
Cranberries and Cranberry Products.--Section 8c(6)(I) of the
Agricultural Adjustment Act (7 U.S.C. 608c(6)(I)), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937, is
amended in the first proviso--
(1) by striking ``or Florida grown strawberries'' and inserting
``, Florida grown strawberries, or cranberries''; and
(2) by striking ``and Florida Indian River grapefruit'' and
inserting ``Florida Indian River grapefruit, and cranberries''.
(b) Collection of Cranberry Inventory Data.--Section 8d of the
Agricultural Adjustment Act (7 U.S.C. 608d), reenacted with amendments
by the Agricultural Marketing Agreement Act of 1937, is amended by
adding at the end the following:
``(3) Collection of cranberry inventory data.--
``(A) In general.--If an order is in effect with respect to
cranberries, the Secretary of Agriculture may require persons
engaged in the handling or importation of cranberries or cranberry
products (including producer-handlers, second handlers, processors,
brokers, and importers) to provide such information as the
Secretary considers necessary to effectuate the declared policy of
this title, including information on acquisitions, inventories, and
dispositions of cranberries and cranberry products.
``(B) Delegation to committee.--The Secretary may delegate the
authority to carry out subparagraph (A) to any committee that is
responsible for administering an order covering cranberries.
``(C) Confidentiality.--Paragraph (2) shall apply to
information provided under this paragraph.
``(D) Violations.--Any person who violates this paragraph shall
be subject to the penalties provided under section 8c(14).''.
Sec. 758. Beginning in fiscal year 2001 and thereafter, the Food
Stamp Act (Public Law 95-113, section 16(a)) is amended by inserting
after the phrase ``Indian reservation under section 11(d) of this Act''
the following new phrase: ``or in a Native village within the State of
Alaska identified in section 11(b) of Public Law 92-203, as amended.''.
Sec. 759. Education Grants to Alaska Native Serving Institutions
and Native Hawaiian Serving Institutions. (a) Education Grants Program
for Alaska Native Serving Institutions.--
(1) Grant authority.--The Secretary of Agriculture may make
competitive grants (or grants without regard to any requirement for
competition) to Alaska Native serving institutions for the purpose
of promoting and strengthening the ability of Alaska Native serving
institutions to carry out education, applied research, and related
community development programs.
(2) Use of grant funds.--Grants made under this section shall
be used--
(A) to support the activities of consortia of Alaska Native
serving institutions to enhance educational equity for under
represented students;
(B) to strengthen institutional educational capacities,
including libraries, curriculum, faculty, scientific
instrumentation, instruction delivery systems, and student
recruitment and retention, in order to respond to identified
State, regional, national, or international educational needs
in the food and agriculture sciences;
(C) to attract and support undergraduate and graduate
students from under represented groups in order to prepare them
for careers related to the food, agricultural, and natural
resource systems of the United States, beginning with the
mentoring of students at the high school level including by
village elders and continuing with the provision of financial
support for students through their attainment of a doctoral
degree; and
(D) to facilitate cooperative initiatives between two or
more Alaska Native serving institutions, or between Alaska
Native serving institutions and units of State government or
the private sector, to maximize the development and use of
resources, such as faculty, facilities, and equipment, to
improve food and agricultural sciences teaching programs.
(3) Authorization of appropriations.--There are authorized to
be appropriated to make grants under this subsection $10,000,000 in
fiscal years 2001 through 2006.
(b) Education Grants Program for Native Hawaiian Serving
Institutions.--
(1) Grant authority.--The Secretary of Agriculture may make
competitive grants (or grants without regard to any requirement for
competition) to Native Hawaiian serving institutions for the
purpose of promoting and strengthening the ability of Native
Hawaiian serving institutions to carry out education, applied
research, and related community development programs.
(2) Use of grant funds.--Grants made under this section shall
be used--
(A) to support the activities of consortia of Native
Hawaiian serving institutions to enhance educational equity for
under represented students;
(B) to strengthen institutional educational capacities,
including libraries, curriculum, faculty, scientific
instrumentation, instruction delivery systems, and student
recruitment and retention, in order to respond to identified
State, regional, national, or international educational needs
in the food and agriculture sciences;
(C) to attract and support undergraduate and graduate
students from under represented groups in order to prepare them
for careers related to the food, agricultural, and natural
resource systems of the United States, beginning with the
mentoring of students at the high school level and continuing
with the provision of financial support for students through
their attainment of a doctoral degree; and
(D) to facilitate cooperative initiatives between two or
more Native Hawaiian serving institutions, or between Native
Hawaiian serving institutions and units of State government or
the private sector, to maximize the development and use of
resources, such as faculty, facilities, and equipment, to
improve food and agricultural sciences teaching programs.
(3) Authorization of appropriations.--There are authorized to
be appropriated to make grants under this subsection $10,000,000
for each of fiscal years 2001 through 2006.
Sec. 760. Effective October 1, 1999, section 8c(11) of the
Agricultural Adjustment Act (7 U.S.C. 608c(11)), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937, is
amended by adding at the end the following: ``The price of milk paid by
a handler at a plant operating in Clark County, Nevada shall not be
subject to any order issued under this section.''.
Sec. 761. Notwithstanding any other provision of law, the City of
Olean, New York, shall be eligible for grants and loans administered by
the Rural Utilities Service.
Sec. 762. Notwithstanding any other provision of law, the
Municipality of Carolina, Puerto Rico shall be eligible for grants and
loans administered by the Rural Utilities Service.
Sec. 763. Section 1232(a) of the Food Security Act of 1985 (16
U.S.C. 3832(a)) is amended--
(1) in paragraph (9), by adding ``and'' after the semicolon at
the end;
(2) in paragraph (10), by striking ``; and'' and inserting
a period; and
(3) by striking paragraph (11).
Sec. 764. None of the funds made available by this or any other Act
shall be used to implement Notice CRP-338, issued by the Farm Service
Agency on March 10, 1999, nor shall funds be used to implement any
related administrative action including implementation of such
procedures published in Farm Service Agency program manuals: Provided,
That rental payments for any lands enrolled in the Conservation Reserve
Program under this section shall be reduced by an amount equal to the
Federal cost of any remaining value of a federally cost-shared
conservation practice as determined by the Secretary.
Sec. 765. None of the funds made available by this or any other Act
shall be used to implement Notice CRP-327, issued by the Farm Service
Agency on October 26, 1998, nor shall funds be used to implement any
related administrative action including implementation of such
procedures published in Farm Service Agency program manuals: Provided,
That this section shall not apply to any lands for which there is not
full compliance with the conservation practices required under terms of
the CRP contract.
Sec. 766. The Federal facility located in Riverside, California,
and known as the ``U.S. Salinity Laboratory'', shall be known and
designated as the ``George E. Brown, Jr., Salinity Laboratory'':
Provided, That any reference in any law, map, regulation, document,
paper, or other record of the United States to such Federal facility
shall be deemed to be a reference to the ``George E. Brown, Jr.,
Salinity Laboratory''.
Sec. 767. Sections 657, 658, 1006, and 1014 of title 18, United
States Code, are amended by--
(1) inserting ``or successor agency'' after ``Farmers Home
Administration'' each place it appears; and
(2) inserting ``or successor agency'' after ``Rural Development
Administration'' each place it appears.
Sec. 768. Notwithstanding any other provision of law, the maximum
income limits established for single family housing for families and
individuals in the high cost areas of Alaska shall be 150 percent of
the State metropolitan income level for Alaska.
Sec. 769. Section 1232(a)(7) of the Food Security Act of 1985 is
amended--
(1) by striking ``except that the Secretary may permit
harvesting'' and inserting ``except that the Secretary--
``(A) may permit--
``(i) harvesting'';
(2) by striking ``emergency, and the Secretary may permit
limited'' and inserting ``emergency; and
``(ii) limited'';
(3) by inserting ``and'' after the semicolon at the end; and
(4) by adding at the end the following:
``(B) shall approve not more than six projects, no more
than one of which may be in any State, under which land subject
to the contract may be harvested for recovery of biomass used
in energy production if--
``(i) no acreage subject to the contract is harvested
more than once every other year;
``(ii) not more than 25 percent of the total acreage
enrolled in the program under this subchapter in any crop
reporting district (as designated by the Secretary), is
harvested in any 1 year;
``(iii) no portion of the crop is used for any
commercial purpose other than energy production from
biomass;
``(iv) no wetland, or acreage of any type enrolled in a
partial field conservation practice (including riparian
forest buffers, filter strips, and buffer strips), is
harvested;
``(v) the owner or operator agrees to a payment
reduction under this section in an amount determined by the
Secretary.
``(C) the total acres for all of the projects shall not
exceed 250,000 acres.''.
TITLE VIII--EMERGENCY AND DISASTER ASSISTANCE FOR PRODUCERS
Subtitle A--Crop and Market Loss Assistance
SEC. 801. CROP LOSS ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to in this
title as the ``Secretary'') shall use $1,200,000,000 of funds of the
Commodity Credit Corporation to make emergency financial assistance
available to producers on a farm that have incurred losses in a 1999
crop due to a disaster, as determined by the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 1102 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public
Law 105-277), including using the same loss thresholds as were used in
administering that section.
(c) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are, as determined by the
Secretary--
(1) quantity losses;
(2) quality losses; or
(3) severe economic losses due to damaging weather or related
condition.
(d) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from
which a crop is harvested, livestock, and fisheries), as determined by
the Secretary, due to disasters.
(e) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(f) Rice Loan Deficiency Payments.--In the case of producers of the
1999 crop of rice that harvested such rice on or before August 4, 1999,
the Secretary may use funds made available under this section to--
(1) make loan deficiency payments to producers that received,
or that were eligible to receive, such payments under section 135
of the Agricultural Market Transition Act (7 U.S.C. 7235) in a
manner that results in the same total payment that would have been
made if the payment had been requested by the producers on August
5, 1999; and
(2) recalculate any repayment made for a marketing assistance
loan for the 1999 crop of rice on or before August 4, 1999, as if
the repayment had been made on August 5, 1999.
(g) Honey Recourse Loans.--
(1) In general.--Notwithstanding any other provision of law, in
order to assist producers of honey to market their honey in an
orderly manner during a period of disastrously low prices, the
Secretary may use funds made available under this section to make
available recourse loans to producers of the 1999 crop of honey on
fair and reasonable terms and conditions, as determined by the
Secretary.
(2) Loan rate.--The loan rate of the loans shall be 85 percent
of the average price of honey during the 5-crop year period
preceding the 1999 crop year, excluding the crop year in which the
average price of honey was the highest and the crop year in which
the average price of honey was the lowest in the period.
(h) Recourse Loans for Mohair.--
(1) In general.--Subject to paragraph (2) and notwithstanding
any other provision of law, during fiscal year 2000, the Secretary
may use funds made available under this section to make recourse
loans available in accordance with section 137(c) of the
Agricultural Market Transition Act (7 U.S.C. 7237(c)) to producers
of mohair produced during or before that fiscal year.
(2) Interest.--Section 137(c)(4) of that Act shall not apply to
a loan made under paragraph (1).
SEC. 802. MARKET LOSS ASSISTANCE.
(a) Assistance Authorized.--The Secretary shall use not more than
$5,544,453,000 of funds of the Commodity Credit Corporation to provide
assistance to owners and producers on a farm that are eligible for
final payments for fiscal year 1999 under a production flexibility
contract for the farm under the Agricultural Market Transition Act (7
U.S.C. 7201 et seq.).
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportionate to the
amount of the contract payment received by the owners and producers for
fiscal year 1999 under a production flexibility contract for the farm
under the Agricultural Market Transition Act.
(c) Protection of Tenants and Sharecroppers; Sharing of Payments.--
Sections 111(c) and 114(g) of the Agricultural Market Transition Act (7
U.S.C. 7211(c), 7214(g)) shall apply to the payments made under
subsection (a).
SEC. 803. SPECIALTY CROPS.
(a) Peanuts.--
(1) In general.--The Secretary shall use such amounts as are
necessary of funds of the Commodity Credit Corporation to provide
payments to producers of quota peanuts or additional peanuts to
partially compensate the producers for continuing low commodity
prices, and increasing costs of production, for the 1999 crop year.
(2) Amount.--The amount of a payment made to producers on a
farm of quota peanuts or additional peanuts under paragraph (1)
shall be equal to the product obtained by multiplying--
(A) the quantity of quota peanuts or additional peanuts
produced or considered produced by the producers; and
(B) an amount equal to 5 percent of the loan rate
established for quota peanuts or additional peanuts,
respectively, under section 155 of the Agricultural Market
Transition Act (7 U.S.C. 7271).
(b) Condition on Payment of Salaries and Expenses.--None of the
funds appropriated or otherwise made available by this Act or any other
Act may be used to pay the salaries and expenses of personnel of the
Department of Agriculture to carry out or enforce section 156(f) of the
Agricultural Market Transition Act (7 U.S.C. 7272(f)) through fiscal
year 2001.
(c) Tobacco.--
(1) In general.--The Secretary shall use $328,000,000 of funds
of the Commodity Credit Corporation to make payments to States on
behalf of persons described in paragraph (2) for the reduction in
the quantity of quota allotted to certain farms under part I of
subtitle B of title III of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1311 et seq.) from the 1998 crop year to the 1999 crop
year.
(2) Eligible persons.--To be eligible to receive a payment
under paragraphs (1) through (5), a person must own or operate, or
produce tobacco on, a farm--
(A) for which the quantity of quota allotted to the farm
under part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) was reduced from
the 1998 crop year to the 1999 crop year; and
(B) that was used for the production of tobacco during the
1998 or 1999 crop year.
(3) Allocation to states.--The Secretary shall allocate funds
made available under paragraph (1) to States with eligible persons
described in paragraph (2) in proportion to the relative quantity
of quota allotted to farms in the States that was reduced from the
1998 crop year to the 1999 crop year.
(4) Distribution by states.--
(A) In general.--In the case of a State described in
paragraph (3) that is a party to the National Tobacco Grower
Settlement Trust, the State shall distribute funds made
available under paragraph (3) to eligible persons in the State
in accordance with the formulas established pursuant to the
Trust.
(B) Other states.--Subject to the approval of the
Secretary, in the case of a State described in paragraph (3)
that is not a party to the National Tobacco Grower Settlement
Trust, the State shall distribute funds made available under
paragraph (3) to eligible persons in the State in a manner
determined by the State.
(5) Alternative distribution.--In lieu of making payments under
this subsection to States, the Secretary may distribute funds
directly to eligible persons using the facilities of private
disbursing agents, facilities of the Farm Service Agency, or other
available facilities.
(6) Flue-cured tobacco.--
(A) Limitation on quantity of allotment leased or sold.--
Section 316(e) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1316(e)) is amended--
(i) in paragraph (1), by striking ``farm or, in'' and
all that follows through ``: Provided, That in'' and
inserting ``farm. In'';
(ii) by redesignating paragraph (2) as paragraph (3);
and
(iii) by inserting after paragraph (1) the following:
``(2) Paragraph (1) shall not apply to flue-cured tobacco.''.
(B) Transfers of quota or allotment across county lines in
a state.--Section 316(g) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1314b(g)) is amended by adding at the end the
following:
``(3) Transfers allowed by referendum.--
``(A) Referendum.--On the request of at least 25 percent of
the active flue-cured tobacco producers within a State, the
Secretary shall conduct a referendum of the active flue-cured
tobacco producers within the State to determine whether the
producers favor or oppose permitting the sale of a flue-cured
tobacco allotment or quota from a farm in a State to any other
farm in the State.
``(B) Approval.--If the Secretary determines that a
majority of the active flue-cured tobacco producers voting in
the referendum approves permitting the sale of a flue-cured
tobacco allotment or quota from a farm in the State to any
other farm in the State, the Secretary shall permit the sale of
a flue-cured tobacco allotment or quota from a farm in the
State to any other farm in the State.''.
(C) Same grower in contiguous counties.--Section 379(b) of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379(b)) is
amended by inserting ``or flue-cured'' after ``Burley''.
SEC. 804. OILSEEDS.
(a) In General.--The Secretary shall use $475,000,000 of funds of
the Commodity Credit Corporation to make payments to producers of the
1999 crop of oilseeds that are eligible to obtain a marketing
assistance loan under section 131 of the Agricultural Market Transition
Act (7 U.S.C. 7231).
(b) Computation.--A payment to producers on a farm under this
section for an oilseed shall be equal to the product obtained by
multiplying--
(1) a payment rate determined by the Secretary;
(2) the acreage of the producers on the farm for the oilseed,
as determined under subsection (c); and
(3) the yield of the producers on the farm for the oilseed, as
determined under subsection (d).
(c) Acreage.--
(1) In general.--Except as provided in paragraph (2), the
acreage of the producers on the farm for an oilseed under
subsection (b)(2) shall be equal to the greater of--
(A) the number of acres planted to the oilseed by the
producers on the farm during the 1997 crop year, as reported by
the producers on the farm to the Secretary (including any
acreage reports that are filed late); or
(B) the number of acres planted to the oilseed by the
producers on the farm during the 1998 crop year, as reported by
the producers on the farm to the Secretary (including any
acreage reports that are filed late).
(2) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 1999 crop year but not the
1997 or 1998 crop year, the acreage of the producers for the
oilseed under subsection (b)(2) shall be equal to the number of
acres planted to the oilseed by the producers on the farm during
the 1999 crop year, as reported by the producers on the farm to the
Secretary (including any acreage reports that are filed late).
(d) Yield.--
(1) Soybeans.--Except as provided in paragraph (3), in the case
of soybeans, the yield of the producers on a farm under subsection
(b)(3) shall be equal to the greatest of--
(A) the average county yield per harvested acre for each of
the 1994 through 1998 crop years, excluding the crop year with
the highest yield per harvested acre and the crop year with the
lowest yield per harvested acre;
(B) the actual yield of the producers on the farm for the
1997 crop year; or
(C) the actual yield of the producers on the farm for the
1998 crop year.
(2) Other oilseeds.--Except as provided in paragraph (3), in
the case of oilseeds other than soybeans, the yield of the
producers on a farm under subsection (b)(3) shall be equal to the
greatest of--
(A) the average national yield per harvested acre for each
of the 1994 through 1998 crop years, excluding the crop year
with the highest yield per harvested acre and the crop year
with the lowest yield per harvested acre;
(B) the actual yield of the producers on the farm for the
1997 crop year; or
(C) the actual yield of the producers on the farm for the
1998 crop year.
(3) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 1999 crop year but not the
1997 or 1998 crop year, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greater of--
(A) the average county yield per harvested acre for each of
the 1994 through 1998 crop years, excluding the crop year with
the highest yield per harvested acre and the crop year with the
lowest yield per harvested acre; or
(B) the actual yield of the producers on the farm for the
1999 crop.
(4) Data source.--To the maximum extent available, the
Secretary shall use data provided by the National Agricultural
Statistics Service to carry out this subsection.
SEC. 805. LIVESTOCK AND DAIRY.
The Secretary shall use $325,000,000 of funds of the Commodity
Credit Corporation to provide assistance directly to livestock and
dairy producers, in a manner determined appropriate by the Secretary,
to compensate the producers for economic losses incurred during 1999.
SEC. 806. UPLAND COTTON.
(a) In General.--Section 136(a) of the Agricultural Market
Transition Act (7 U.S.C. 7236(a)) is amended--
(1) in paragraph (1), by striking ``or cash payments'' and
inserting ``or cash payments, at the option of the recipient,'';
(2) by striking ``3 cents per pound'' each place it appears and
inserting ``1.25 cents per pound'';
(3) in paragraph (3)--
(A) in the first sentence of subparagraph (A), by striking
``owned by the Commodity Credit Corporation in such manner, and
at such price levels, as the Secretary determines will best
effectuate the purposes of cotton user marketing certificates''
and inserting ``owned by the Commodity Credit Corporation or
pledged to the Commodity Credit Corporation as collateral for a
loan in such manner, and at such price levels, as the Secretary
determines will best effectuate the purposes of cotton user
marketing certificates, including enhancing the competitiveness
and marketability of United States cotton''; and
(B) in subparagraph (B), by striking the second sentence;
and
(4) by striking paragraph (4).
(b) Ensuring the Availability of Upland Cotton.--Section 136(b) of
the Agricultural Market Transition Act (7 U.S.C. 7236(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Establishment.--
``(A) In general.--The President shall carry out an import
quota program during the period ending July 31, 2003, as
provided in this subsection.
``(B) Program requirements.--Except as provided in
subparagraph (C), whenever the Secretary determines and
announces that for any consecutive 4-week period, the Friday
through Thursday average price quotation for the lowest-priced
United States growth, as quoted for Middling (M) 1\3/32\-inch
cotton, delivered C.I.F. Northern Europe, adjusted for the
value of any certificate issued under subsection (a), exceeds
the Northern Europe price by more than 1.25 cents per pound,
there shall immediately be in effect a special import quota.
``(C) Tight domestic supply.--During any month for which
the Secretary estimates the season-ending United States upland
cotton stocks-to-use ratio, as determined under subparagraph
(D), to be below 16 percent, the Secretary, in making the
determination under subparagraph (B), shall not adjust the
Friday through Thursday average price quotation for the lowest-
priced United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, for the
value of any certificates issued under subsection (a).
``(D) Season-ending united states stocks-to-use ratio.--For
the purposes of making estimates under subparagraph (C), the
Secretary shall, on a monthly basis, estimate and report the
season-ending United States upland cotton stocks-to-use ratio,
excluding projected raw cotton imports but including the
quantity of raw cotton that has been imported into the United
States during the marketing year.''; and
(2) by adding at the end the following:
``(7) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special import
quota established under this subsection may not exceed the
equivalent of 5 week's consumption of upland cotton by domestic
mills at the seasonally adjusted average rate of the 3 months
immediately preceding the first special import quota established in
any marketing year.''.
SEC. 807. MILK.
(a) In General.--Section 141 of the Agricultural Market Transition
Act (7 U.S.C. 7251) is amended--
(1) in subsection (b)(4), by striking ``calendar year 1999''
and inserting ``each of calendar years 1999 and 2000''; and
(2) in subsection (h), by striking ``1999'' each place it
appears and inserting ``2000''.
(b) Conforming Amendment.--Section 142(e) of the Agricultural
Market Transition Act (7 U.S.C. 7252(e)) is amended by striking
``2000'' and inserting ``2001''.
Subtitle B--Other Assistance
SEC. 811. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING PAYMENTS
UNDER PRODUCTION FLEXIBILITY CONTRACTS.
Section 112(d)(3) of the Agricultural Market Transition Act (7
U.S.C. 7212(d)(3)) is amended--
(1) in the paragraph heading, by striking ``for fiscal year
1999''; and
(2) by striking ``for fiscal year 1999'' and inserting ``for
any of fiscal years 1999 through 2002''.
SEC. 812. COMMODITY CERTIFICATES.
Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 7281
et seq.) is amended by adding at the end the following:
``SEC. 166. COMMODITY CERTIFICATES.
``(a) In General.--In making in-kind payments under subtitle C, the
Commodity Credit Corporation may--
``(1) acquire and use commodities that have been pledged to the
Commodity Credit Corporation as collateral for loans made by the
Corporation;
``(2) use other commodities owned by the Commodity Credit
Corporation; and
``(3) redeem negotiable marketing certificates for cash under
terms and conditions established by the Secretary.
``(b) Methods of Payment.--The Commodity Credit Corporation may
make in-kind payments--
``(1) by delivery of the commodity at a warehouse or other
similar facility;
``(2) by the transfer of negotiable warehouse receipts;
``(3) by the issuance of negotiable certificates, which the
Commodity Credit Corporation shall exchange for a commodity owned
or controlled by the Corporation in accordance with regulations
promulgated by the Corporation; or
``(4) by such other methods as the Commodity Credit Corporation
determines appropriate to promote the efficient, equitable, and
expeditious receipt of the in-kind payments so that a person
receiving the payments receives the same total return as if the
payments had been made in cash.
``(c) Administration.--
``(1) Form.--At the option of a producer, the Commodity Credit
Corporation shall make negotiable certificates authorized under
subsection (b)(3) available to the producer, in the form of program
payments or by sale, in a manner that the Corporation determines
will encourage the orderly marketing of commodities pledged as
collateral for loans made to producers under subtitle C.
``(2) Transfer.--A negotiable certificate issued in accordance
with this subsection may be transferred to another person in
accordance with regulations promulgated by the Secretary.''.
SEC. 813. LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFICIENCY
PAYMENTS.
(a) In General.--Notwithstanding section 1001(2) of the Food
Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the
payments specified in section 1001(3) of that Act that a person shall
be entitled to receive under the Agricultural Market Transition Act (7
U.S.C. 7201 et seq.) for one or more contract commodities and oilseeds
produced during the 1999 crop year may not exceed $150,000.
(b) 1999 Marketings.--In carrying out subsection (a), the Secretary
shall allow a producer that has marketed a quantity of an eligible 1999
crop for which the producer has not received a loan deficiency payment
or marketing loan gain under section 134 or 135 of the Agricultural
Market Transition Act (7 U.S.C. 7234, 7235) to receive such payment or
gain as of the date on which the quantity was marketed or redeemed, as
determined by the Secretary.
SEC. 814. ASSISTANCE FOR PURCHASE OF ADDITIONAL CROP INSURANCE
COVERAGE.
The Secretary shall transfer $400,000,000 of funds of the Commodity
Credit Corporation to the Federal Crop Insurance Corporation to be used
to assist agricultural producers in purchasing additional coverage for
the 2000 crop year under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.).
SEC. 815. FORGIVENESS OF CERTAIN WATER AND WASTE DISPOSAL LOANS.
The Secretary shall forgive the principal indebtedness and accrued
interest owed by the City of Stroud, Oklahoma, to the Rural Utilities
Service on water and waste disposal loans numbered 9105 and 9107.
SEC. 816. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
(a) Definitions.--Section 375(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(a)) is amended by adding at the end the
following:
``(5) Intermediary.--The term `intermediary' means a financial
institution receiving Center funds for establishing a revolving
fund and relending to an eligible entity.''.
(b) Revolving Fund.--Section 375(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)) is amended--
(1) in paragraph (3)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Center may use amounts in the Fund
to make direct loans, loan guarantees, cooperative agreements,
equity interests, investments, repayable grants, and grants to
eligible entities, either directly or through an intermediary,
in accordance with a strategic plan submitted under subsection
(d).'';
(B) in subparagraph (B), by adding at the end the
following: ``The Fund is intended to furnish the initial
capital for a revolving fund that will eventually be privatized
for the purposes of assisting the United States sheep and goat
industries.'';
(C) by striking subparagraph (D);
(D) by striking subparagraph (E) and inserting the
following:
``(E) Administration.--The Center may not use more than 3
percent of the amounts in the portfolio of the Center for each
fiscal year for the administration of the Center. The portfolio
shall be calculated at the beginning of each fiscal year and
shall include a total of--
``(i) all outstanding loan balances;
``(ii) the Fund balance;
``(iii) the outstanding balance to intermediaries; and
``(iv) the amount the Center paid for all equity
interests.'';
(E) in subparagraph (H)--
(i) in clause (v), by striking ``or'' at the end;
(ii) in clause (vi), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(vii) purchase equity interests.''; and
(F) by redesignating subparagraphs (E) through (H) as
subparagraphs (D) through (G), respectively; and
(2) in paragraph (6), by striking subparagraph (D).
(c) Board of Directors.--Section 375(f) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008j(f)) is amended--
(1) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) review any contract, direct loan, loan guarantee,
cooperative agreement, equity interest, investment, repayable
grant, and grant to be made or entered into by the Center and
any financial assistance provided to the Center;'';
(2) in paragraph (5), by striking subparagraph (C) and
inserting the following:
``(C) Reappointment.--A voting member may be reappointed
for not more than one additional term.''; and
(3) in paragraph (6), by striking subparagraph (B) and
inserting the following:
``(B) Reappointment.--A voting member appointed to fill a
vacancy for an unexpired term may be reappointed for one full
term.''.
(d) Privatization.--Section 375 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j) is amended by adding at the end the
following:
``(j) Privatization.--
``(1) In general.--Privatization of a revolving fund for the
purposes of assisting the United States sheep and goat industries
shall occur on the earlier of--
``(A) September 30, 2006; or
``(B) the date as of which a total of $30,000,000 has been
appropriated for the Center under subsection (e)(6)(C).
``(2) Privatization proposal.--On privatization of a revolving
fund in accordance with paragraph (1), the Board shall submit to
the Secretary, for approval, a privatization proposal that--
``(A) delineates a private successor entity to the Center;
and
``(B) establishes a transition plan.
``(3) Private successor entity.--The private successor entity
shall--
``(A) have the purposes described in subsection (c);
``(B) be organized under the laws of one of the States; and
``(C) be able to continue the activities of the Center.
``(4) Transition plan.--The transition plan shall--
``(A) identify any continuing role of the Federal
Government with respect to the Center;
``(B) provide for the transfer of all Center assets and
liabilities to the private successor entity; and
``(C) delineate the status of the Board and employees of
the Center.
``(5) Implementation.--
``(A) In general.--On approval by the Secretary of the
private successor entity and the transition plan, the Center
shall create the private successor entity and implement the
transition plan.
``(B) Authority.--The Secretary shall have all necessary
authority to implement the transition plan.
``(6) Transfer of funds.--On creation of the private successor
entity, all funds held by the Department of the Treasury pursuant
to this section shall be transferred to the private successor
entity.
``(7) Repeal.--On the date the Secretary publishes notice in
the Federal Register that the transition plan is complete, this
section is repealed.''.
SEC. 817. FISHERIES.
(a) Norton Sound Fisheries Failure.--
(1) Income eligibility.--Section 763(a) of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1999 (112 Stat. 2681-36), is amended
by striking ``federal poverty level'' and inserting ``income
eligibility level established for Alaska under the temporary
assistance to needy families (TANF) program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.)''.
(2) Emergency assistance.--Section 1124 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1999 (112 Stat. 2681-45), is amended
by inserting before the period at the end the following: ``or a
fisheries failure in the Norton Sound region of Alaska that has
resulted in the closure of commercial and subsistence fisheries to
persons that depend on fish as their primary source of food and
income''.
(3) Appropriation.--
(A) In general.--In addition to amounts appropriated or
otherwise made available by this Act, there is appropriated to
the Department of Agriculture for fiscal year 2001, out of any
money in the Treasury not otherwise appropriated, $15,000,000,
to remain available until expended, to provide emergency
disaster assistance to persons or entities affected by the 1999
fisheries failure in the Norton Sound region of Alaska.
(B) Transfer.--To carry out this paragraph, the Secretary
shall transfer to the Secretary of Commerce for obligation and
expenditure--
(i) $10,000,000 for fiscal year 2001 for grants under
section 209 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3149); and
(ii) $5,000,000 for fiscal year 2001 for carrying out
section 312 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861a).
(b) Commercial Fisheries Failure.--
(1) In general.--In addition to amounts appropriated or
otherwise made available by this Act, there is appropriated to the
Department of Agriculture for fiscal year 2001, out of any money in
the Treasury not otherwise appropriated, $15,000,000, to remain
available until expended, which shall be transferred to the
Department of Commerce to provide emergency disaster assistance for
the commercial fishery failure under section 308(b)(1) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)(1))
with respect to Northeast multispecies fisheries.
(2) Use.--Amounts made available under this subsection shall be
used to support cooperative research and management activities
administered by the National Marine Fisheries Services and based on
recommendations by the New England Fishery Management Council.
SEC. 818. SENSE OF THE CONGRESS REGARDING FAST-TRACK AUTHORITY AND
FUTURE WORLD TRADE ORGANIZATION NEGOTIATIONS.
It is the sense of the Congress that--
(1) the President should make a formal request for appropriate
fast-track authority for future United States trade negotiations;
(2) regarding future World Trade Organization negotiations--
(A) rules for trade in agricultural commodities should be
strengthened and trade-distorting import and export practices
should be eliminated or substantially reduced;
(B) the rules of the World Trade Organization should be
strengthened regarding the practices or policies of a foreign
government that unreasonably--
(i) restrict market access for products of new
technologies, including products of biotechnology; or
(ii) delay or preclude implementation of a report of a
dispute panel of the World Trade Organization; and
(C) negotiations within the World Trade Organization should
be structured so as to provide the maximum leverage possible to
ensure the successful conclusion of negotiations on
agricultural products;
(3) the President should--
(A) conduct a comprehensive evaluation of all existing
export and food aid programs, including--
(i) the export credit guarantee program established
under section 202 of the Agricultural Trade Act of 1978 (7
U.S.C. 5622);
(ii) the market access program established under
section 203 of that Act (7 U.S.C. 5623);
(iii) the export enhancement program established under
section 301 of that Act (7 U.S.C. 5651);
(iv) the foreign market development cooperator program
established under section 702 of that Act (7 U.S.C. 5722);
and
(v) programs established under the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691 et
seq.); and
(B) transmit to Congress--
(i) the results of the evaluation under subparagraph
(A); and
(ii) recommendations on maximizing the effectiveness of
the programs described in subparagraph (A); and
(4) the Secretary should carry out a purchase and donation or
concessional sales initiative in each of fiscal years 1999 and 2000
to promote the export of additional quantities of soybeans, beef,
pork, poultry, and products of such commodities (including soybean
meal, soybean oil, textured vegetable protein, and soy protein
concentrates and isolates) using programs established under--
(A) the Commodity Credit Corporation Charter Act (15 U.S.C.
714 et seq.);
(B) section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431);
(C) titles I and II of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); and
(D) the Food for Progress Act of 1985 (7 U.S.C. 1736o).
Subtitle C--Administration
SEC. 821. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this title.
SEC. 822. ADMINISTRATIVE COSTS.
(a) Reservation of Funds.--Subject to subsections (b) and (c), the
Secretary may reserve up to $56,000,000 of the amounts made available
under subtitle A to cover administrative costs incurred by the Farm
Service Agency directly related to carrying out that subtitle.
(b) Proportional Reservation.--The amount reserved by the Secretary
from the amounts made available under each section of subtitle A (other
than section 802) shall bear the same proportion to the total amount
reserved under subsection (a) as the administrative costs incurred by
the Farm Service Agency to carry out that section (other than section
802) bear to the total administrative costs incurred by the Farm
Service Agency to carry out that subtitle (other than section 802).
(c) Exception for Market Loss Assistance.--The Secretary may not
reserve any portion of the amount made available under section 802 to
pay administrative costs.
SEC. 823. EMERGENCY REQUIREMENT.
The entire amount necessary to carry out this title and the
amendments made by this title shall be available only to the extent
that an official budget request for the entire amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
SEC. 824. REGULATIONS.
(a) Promulgation.--As soon as practicable after the date of the
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to implement subtitle A and the amendments made by subtitle
A. The promulgation of the regulations and administration of subtitle A
shall be made without regard to--
(1) the notice and comment provisions of section 553 of title
5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly known
as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 825. LIVESTOCK AND DAIRY ASSISTANCE.
(a) Livestock Assistance.--Of the funds provided in sections 801
and 805, no less than $200,000,000 shall be in the form of assistance
to livestock producers for losses due to drought or other natural
disasters.
(b) Dairy Assistance.--Of the funds provided in section 805, no
less than $125,000,000 shall be in the form of assistance to dairy
producers.
(c) Form of Assistance.--Assistance for livestock losses shall be
in the form of grants and or other in-kind assistance, but shall not
include loans.
TITLE IX--LIVESTOCK MANDATORY REPORTING
SEC. 901. SHORT TITLE.
This title may be cited as the ``Livestock Mandatory Reporting Act
of 1999''.
Subtitle A--Livestock Mandatory Reporting
SEC. 911. LIVESTOCK MANDATORY REPORTING.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended--
(1) by inserting before section 202 (7 U.S.C. 1621) the
following:
``Subtitle A--General Provisions'';
and
(2) by adding at the end the following:
``Subtitle B--Livestock Mandatory Reporting
``CHAPTER 1--PURPOSE; DEFINITIONS
``SEC. 211. PURPOSE.
``The purpose of this subtitle is to establish a program of
information regarding the marketing of cattle, swine, lambs, and
products of such livestock that--
``(1) provides information that can be readily understood by
producers, packers, and other market participants, including
information with respect to the pricing, contracting for purchase,
and supply and demand conditions for livestock, livestock
production, and livestock products;
``(2) improves the price and supply reporting services of the
Department of Agriculture; and
``(3) encourages competition in the marketplace for livestock
and livestock products.
``SEC. 212. DEFINITIONS.
``In this subtitle:
``(1) Base price.--The term `base price' means the price paid
for livestock, delivered at the packing plant, before application
of any premiums or discounts, expressed in dollars per hundred
pounds of carcass weight.
``(2) Basis level.--The term `basis level' means the agreed-on
adjustment to a future price to establish the final price paid for
livestock.
``(3) Current slaughter week.--The term `current slaughter
week' means the period beginning Monday, and ending Sunday, of the
week in which a reporting day occurs.
``(4) F.O.B.--The term `F.O.B.' means free on board, regardless
of the mode of transportation, at the point of direct shipment by
the seller to the buyer.
``(5) Livestock.--The term `livestock' means cattle, swine, and
lambs.
``(6) Lot.--The term `lot' means a group of one or more
livestock that is identified for the purpose of a single
transaction between a buyer and a seller.
``(7) Marketing.--The term `marketing' means the sale or other
disposition of livestock, livestock products, or meat or meat food
products in commerce.
``(8) Negotiated purchase.--The term `negotiated purchase'
means a cash or spot market purchase by a packer of livestock from
a producer under which--
``(A) the base price for the livestock is determined by
seller-buyer interaction and agreement on a day; and
``(B) the livestock are scheduled for delivery to the
packer not later than 14 days after the date on which the
livestock are committed to the packer.
``(9) Negotiated sale.--The term `negotiated sale' means a cash
or spot market sale by a producer of livestock to a packer under
which--
``(A) the base price for the livestock is determined by
seller-buyer interaction and agreement on a day; and
``(B) the livestock are scheduled for delivery to the
packer not later than 14 days after the date on which the
livestock are committed to the packer.
``(10) Prior slaughter week.--The term `prior slaughter week'
means the Monday through Sunday prior to a reporting day.
``(11) Producer.--The term `producer' means any person engaged
in the business of selling livestock to a packer for slaughter
(including the sale of livestock from a packer to another packer).
``(12) Reporting day.--The term `reporting day' means a day on
which--
``(A) a packer conducts business regarding livestock
committed to the packer, or livestock purchased, sold, or
slaughtered by the packer;
``(B) the Secretary is required to make information
concerning the business described in subparagraph (A) available
to the public; and
``(C) the Department of Agriculture is open to conduct
business.
``(13) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(14) State.--The term `State' means each of the 50 States.
``CHAPTER 2--CATTLE REPORTING
``SEC. 221. DEFINITIONS.
``In this chapter:
``(1) Cattle committed.--The term `cattle committed' means
cattle that are scheduled to be delivered to a packer within the 7-
day period beginning on the date of an agreement to sell the
cattle.
``(2) Cattle type.--The term `cattle type' means the
following types of cattle purchased for slaughter:
``(A) Fed steers.
``(B) Fed heifers.
``(C) Fed Holsteins and other fed dairy steers and heifers.
``(D) Cows.
``(E) Bulls.
``(3) Formula marketing arrangement.--The term `formula
marketing arrangement' means the advance commitment of cattle for
slaughter by any means other than through a negotiated purchase or
a forward contract, using a method for calculating price in which
the price is determined at a future date.
``(4) Forward contract.--The term `forward contract' means--
``(A) an agreement for the purchase of cattle, executed in
advance of slaughter, under which the base price is established
by reference to--
``(i) prices quoted on the Chicago Mercantile Exchange;
or
``(ii) other comparable publicly available prices; or
``(B) such other forward contract as the Secretary
determines to be applicable.
``(5) Packer.--The term `packer' means any person engaged in
the business of buying cattle in commerce for purposes of
slaughter, of manufacturing or preparing meats or meat food
products from cattle for sale or shipment in commerce, or of
marketing meats or meat food products from cattle in an
unmanufactured form acting as a wholesale broker, dealer, or
distributor in commerce, except that--
``(A) the term includes only a cattle processing plant that
is federally inspected;
``(B) for any calendar year, the term includes only a
cattle processing plant that slaughtered an average of at least
125,000 head of cattle per year during the immediately
preceding 5 calendar years; and
``(C) in the case of a cattle processing plant that did not
slaughter cattle during the immediately preceding 5 calendar
years, the Secretary shall consider the plant capacity of the
processing plant in determining whether the processing plant
should be considered a packer under this chapter.
``(6) Packer-owned cattle.--The term `packer-owned cattle'
means cattle that a packer owns for at least 14 days immediately
before slaughter.
``(7) Terms of trade.--The term `terms of trade' includes, with
respect to the purchase of cattle for slaughter--
``(A) whether a packer provided any financing agreement or
arrangement with regard to the cattle;
``(B) whether the delivery terms specified the location of
the producer or the location of the packer's plant;
``(C) whether the producer is able to unilaterally specify
the date and time during the business day of the packer that
the cattle are to be delivered for slaughter; and
``(D) the percentage of cattle purchased by a packer as a
negotiated purchase that are delivered to the plant for
slaughter more than 7 days, but fewer than 14 days, after the
earlier of--
``(i) the date on which the cattle were committed to
the packer; or
``(ii) the date on which the cattle were purchased by
the packer.
``(8) Type of purchase.--The term `type of purchase', with
respect to cattle, means--
``(A) a negotiated purchase;
``(B) a formula market arrangement; and
``(C) a forward contract.
``SEC. 222. MANDATORY REPORTING FOR LIVE CATTLE.
``(a) Establishment.--The Secretary shall establish a program of
live cattle price information reporting that will--
``(1) provide timely, accurate, and reliable market
information;
``(2) facilitate more informed marketing decisions; and
``(3) promote competition in the cattle slaughtering industry.
``(b) General Reporting Provisions Applicable to Packers and the
Secretary.--
``(1) In general.--Whenever the prices or quantities of cattle
are required to be reported or published under this section, the
prices or quantities shall be categorized so as to clearly
delineate--
``(A) the prices or quantities, as applicable, of the
cattle purchased in the domestic market; and
``(B) the prices or quantities, as applicable, of imported
cattle.
``(2) Packer-owned cattle.--Information required under this
section for packer-owned cattle shall include quantity and carcass
characteristics, but not price.
``(c) Daily Reporting.--
``(1) In general.--The corporate officers or officially
designated representatives of each packer processing plant shall
report to the Secretary at least twice each reporting day
(including once not later than 10:00 a.m. Central Time and once not
later than 2:00 p.m. Central Time) the following information for
each cattle type:
``(A) The prices for cattle (per hundredweight) established
on that day, categorized by--
``(i) type of purchase;
``(ii) the quantity of cattle purchased on a live
weight basis;
``(iii) the quantity of cattle purchased on a dressed
weight basis;
``(iv) a range of the estimated live weights of the
cattle purchased;
``(v) an estimate of the percentage of the cattle
purchased that were of a quality grade of choice or better;
and
``(vi) any premiums or discounts associated with--
``(I) weight, grade, or yield; or
``(II) any type of purchase.
``(B) The quantity of cattle delivered to the packer
(quoted in numbers of head) on that day, categorized by--
``(i) type of purchase;
``(ii) the quantity of cattle delivered on a live
weight basis; and
``(iii) the quantity of cattle delivered on a dressed
weight basis.
``(C) The quantity of cattle committed to the packer
(quoted in numbers of head) as of that day, categorized by--
``(i) type of purchase;
``(ii) the quantity of cattle committed on a live
weight basis; and
``(iii) the quantity of cattle committed on a dressed
weight basis.
``(D) The terms of trade regarding the cattle, as
applicable.
``(2) Publication.--The Secretary shall make the information
available to the public not less frequently than three times each
reporting day.
``(d) Weekly Reporting.--
``(1) In general.--The corporate officers or officially
designated representatives of each packer processing plant shall
report to the Secretary, on the first reporting day of each week,
not later than 9:00 a.m. Central Time, the following information
applicable to the prior slaughter week:
``(A) The quantity of cattle purchased through a forward
contract that were slaughtered.
``(B) The quantity of cattle delivered under a formula
marketing arrangement that were slaughtered.
``(C) The quantity and carcass characteristics of packer-
owned cattle that were slaughtered.
``(D) The quantity, basis level, and delivery month for all
cattle purchased through forward contracts that were agreed to
by the parties.
``(E) The range and average of intended premiums and
discounts that are expected to be in effect for the current
slaughter week.
``(2) Formula purchases.--The corporate officers or officially
designated representatives of each packer processing plant shall
report to the Secretary, on the first reporting day of each week,
not later than 9:00 a.m. Central Time, the following information
for cattle purchased through a formula marketing arrangement and
slaughtered during the prior slaughter week:
``(A) The quantity (quoted in both numbers of head and
hundredweights) of cattle.
``(B) The weighted average price paid for a carcass,
including applicable premiums and discounts.
``(C) The range of premiums and discounts paid.
``(D) The weighted average of premiums and discounts paid.
``(E) The range of prices paid.
``(F) The aggregate weighted average price paid for a
carcass.
``(G) The terms of trade regarding the cattle, as
applicable.
``(3) Publication.--The Secretary shall make available to the
public the information obtained under paragraphs (1) and (2) on the
first reporting day of the current slaughter week, not later than
10:00 a.m. Central Time.
``(e) Regional Reporting of Cattle Types.--
``(1) In general.--The Secretary shall determine whether
adequate data can be obtained on a regional basis for fed Holsteins
and other fed dairy steers and heifers, cows, and bulls based on
the number of packers required to report under this section.
``(2) Report.--Not later than 2 years after the date of the
enactment of this subtitle, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report on the determination of the Secretary under paragraph (1).
``SEC. 223. MANDATORY PACKER REPORTING OF BOXED BEEF SALES.
``(a) Daily Reporting.--The corporate officers or officially
designated representatives of each packer processing plant shall report
to the Secretary at least twice each reporting day (not less than once
before, and once after, 12:00 noon Central Time) information on total
boxed beef sales, including--
``(1) the price for each lot of each negotiated boxed beef sale
(determined by seller-buyer interaction and agreement), quoted in
dollars per hundredweight (on a F.O.B. plant basis);
``(2) the quantity for each lot of each sale, quoted by number
of boxes sold; and
``(3) information regarding the characteristics of each lot of
each sale, including--
``(A) the grade of beef (USDA Choice or better, USDA
Select, or ungraded no-roll product);
``(B) the cut of beef; and
``(C) the trim specification.
``(b) Publication.--The Secretary shall make available to the
public the information required to be reported under subsection (a) not
less frequently than twice each reporting day.
``CHAPTER 3--SWINE REPORTING
``SEC. 231. DEFINITIONS.
``In this chapter:
``(1) Affiliate.--The term `affiliate', with respect to a
packer, means--
``(A) a person that directly or indirectly owns, controls,
or holds with power to vote, 5 percent or more of the
outstanding voting securities of the packer;
``(B) a person 5 percent or more of whose outstanding
voting securities are directly or indirectly owned, controlled,
or held with power to vote, by the packer; and
``(C) a person that directly or indirectly controls, or is
controlled by or under common control with, the packer.
``(2) Applicable reporting period.--The term `applicable
reporting period' means the period of time prescribed by the prior
day report, the morning report, and the afternoon report, as
required under section 232(c).
``(3) Barrow.--The term `barrow' means a neutered male swine.
``(4) Base market hog.--The term `base market hog' means a hog
for which no discounts are subtracted from and no premiums are
added to the base price.
``(5) Bred female swine.--The term `bred female swine' means
any female swine, whether a sow or gilt, that has been mated or
inseminated and is assumed, or has been confirmed, to be pregnant.
``(6) Formula price.--The term `formula price' means a price
determined by a mathematical formula under which the price
established for a specified market serves as the basis for the
formula.
``(7) Gilt.--The term `gilt' means a young female swine that
has not produced a litter.
``(8) Hog class.--The term `hog class' means, as applicable--
``(A) barrows or gilts;
``(B) sows; or
``(C) boars or stags.
``(9) Noncarcass merit premium.--The term `noncarcass merit
premium' means an increase in the base price of the swine offered
by an individual packer or packing plant, based on any factor other
than the characteristics of the carcass, if the actual amount of
the premium is known before the sale and delivery of the swine.
``(10) Other market formula purchase.--
``(A) In general.--The term `other market formula purchase'
means a purchase of swine by a packer in which the pricing
mechanism is a formula price based on any market other than the
market for swine, pork, or a pork product.
``(B) Inclusion.--The term `other market formula purchase'
includes a formula purchase in a case in which the price
formula is based on one or more futures or options contracts.
``(11) Other purchase arrangement.--The term `other purchase
arrangement' means a purchase of swine by a packer that--
``(A) is not a negotiated purchase, swine or pork market
formula purchase, or other market formula purchase; and
``(B) does not involve packer-owned swine.
``(12) Packer.--The term `packer' means any person engaged in
the business of buying swine in commerce for purposes of slaughter,
of manufacturing or preparing meats or meat food products from
swine for sale or shipment in commerce, or of marketing meats or
meat food products from swine in an unmanufactured form acting as a
wholesale broker, dealer, or distributor in commerce, except that--
``(A) the term includes only a swine processing plant that
is federally inspected;
``(B) for any calendar year, the term includes only a swine
processing plant that slaughtered an average of at least
100,000 swine per year during the immediately preceding 5
calendar years; and
``(C) in the case of a swine processing plant that did not
slaughter swine during the immediately preceding 5 calendar
years, the Secretary shall consider the plant capacity of the
processing plant in determining whether the processing plant
should be considered a packer under this chapter.
``(13) Packer-owned swine.--The term `packer-owned swine' means
swine that a packer (including a subsidiary or affiliate of the
packer) owns for at least 14 days immediately before slaughter.
``(14) Packer-sold swine.--The term `packer-sold swine' means
the swine that are--
``(A) owned by a packer (including a subsidiary or
affiliate of the packer) for more than 14 days immediately
before sale for slaughter; and
``(B) sold for slaughter to another packer.
``(15) Pork.--The term `pork' means the meat of a porcine
animal.
``(16) Pork product.--The term `pork product' means a product
or byproduct produced or processed in whole or in part from pork.
``(17) Purchase data.--The term `purchase data' means all of
the applicable data, including weight (if purchased live), for all
swine purchased during the applicable reporting period, regardless
of the expected delivery date of the swine, reported by--
``(A) hog class;
``(B) type of purchase; and
``(C) packer-owned swine.
``(18) Slaughter data.--The term `slaughter data' means all of
the applicable data for all swine slaughtered by a packer during
the applicable reporting period, regardless of when the price of
the swine was negotiated or otherwise determined, reported by--
``(A) hog class;
``(B) type of purchase; and
``(C) packer-owned swine.
``(19) Sow.--The term `sow' means an adult female swine that
has produced one or more litters.
``(20) Swine.--The term `swine' means a porcine animal raised
to be a feeder pig, raised for seedstock, or raised for slaughter.
``(21) Swine or pork market formula purchase.--The term `swine
or pork market formula purchase' means a purchase of swine by a
packer in which the pricing mechanism is a formula price based on a
market for swine, pork, or a pork product, other than a future or
option for swine, pork, or a pork product.
``(22) Type of purchase.--The term `type of purchase', with
respect to swine, means--
``(A) a negotiated purchase;
``(B) other market formula purchase;
``(C) a swine or pork market formula purchase; and
``(D) other purchase arrangement.
``SEC. 232. MANDATORY REPORTING FOR SWINE.
``(a) Establishment.--The Secretary shall establish a program of
swine price information reporting that will--
``(1) provide timely, accurate, and reliable market
information;
``(2) facilitate more informed marketing decisions; and
``(3) promote competition in the swine slaughtering industry.
``(b) General Reporting Provisions Applicable to Packers and the
Secretary.--
``(1) In general.--The Secretary shall establish and implement
a price reporting program in accordance with this section that
includes the reporting and publication of information required
under this section.
``(2) Packer-owned swine.--Information required under this
section for packer-owned swine shall include quantity and carcass
characteristics, but not price.
``(3) Packer-sold swine.--If information regarding the type of
purchase is required under this section, the information shall be
reported according to the numbers and percentages of each type of
purchase comprising--
``(A) packer-sold swine; and
``(B) all other swine.
``(4) Additional information.--
``(A) Review.--The Secretary shall review the information
required to be reported by packers under this section at least
once every 2 years.
``(B) Outdated information.--After public notice and an
opportunity for comment, subject to subparagraph (C), the
Secretary shall promulgate regulations that specify additional
information that shall be reported under this section if the
Secretary determines under the review under subparagraph (A)
that--
``(i) information that is currently required no longer
accurately reflects the methods by which swine are valued
and priced by packers; or
``(ii) packers that slaughter a significant majority of
the swine produced in the United States no longer use
backfat or lean percentage factors as indicators of price.
``(C) Limitation.--Under subparagraph (B), the
Secretary may not require packers to provide any new or
additional information that--
``(i) is not generally available or maintained by
packers; or
``(ii) would be otherwise unduly burdensome to
provide.
``(c) Daily Reporting.--
``(1) Prior day report.--
``(A) In general.--The corporate officers or officially
designated representatives of each packer processing plant
shall report to the Secretary, for each business day of the
packer, such information as the Secretary determines necessary
and appropriate to--
``(i) comply with the publication requirements of this
section; and
``(ii) provide for the timely access to the information
by producers, packers, and other market participants.
``(B) Reporting deadline and plants required to report.--
Not later than 7:00 a.m. Central Time on each reporting day, a
packer required to report under subparagraph (A) shall report
information regarding all swine purchased, priced, or
slaughtered during the prior business day of the packer.
``(C) Information required.--The information from the prior
business day of a packer required under this paragraph shall
include--
``(i) all purchase data, including--
``(I) the total number of--
``(aa) swine purchased; and
``(bb) swine scheduled for delivery; and
``(II) the base price and purchase data for
slaughtered swine for which a price has been
established;
``(ii) all slaughter data for the total number of swine
slaughtered, including--
``(I) information concerning the net price, which
shall be equal to the total amount paid by a packer to
a producer (including all premiums, less all discounts)
per hundred pounds of carcass weight of swine delivered
at the plant--
``(aa) including any sum deducted from the
price per hundredweight paid to a producer that
reflects the repayment of a balance owed by the
producer to the packer or the accumulation of a
balance to later be repaid by the packer to the
producer; and
``(bb) excluding any sum earlier paid to a
producer that must later be repaid to the packer;
``(II) information concerning the average net
price, which shall be equal to the quotient (stated per
hundred pounds of carcass weight of swine) obtained by
dividing--
``(aa) the total amount paid for the swine
slaughtered at a packing plant during the
applicable reporting period, including all premiums
and discounts, and including any sum deducted from
the price per hundredweight paid to a producer that
reflects the repayment of a balance owed by the
producer to the packer, or the accumulation of a
balance to later be repaid by the packer to the
producer, less all discounts; by
``(bb) the total carcass weight (in hundred
pound increments) of the swine;
``(III) information concerning the lowest net
price, which shall be equal to the lowest net price
paid for a single lot or a group of swine slaughtered
at a packing plant during the applicable reporting
period per hundred pounds of carcass weight of swine;
``(IV) information concerning the highest net
price, which shall be equal to the highest net price
paid for a single lot or group of swine slaughtered at
a packing plant during the applicable reporting period
per hundred pounds of carcass weight of swine;
``(V) the average carcass weight, which shall be
equal to the quotient obtained by dividing--
``(aa) the total carcass weight of the swine
slaughtered at the packing plant during the
applicable reporting period; by
``(bb) the number of the swine described in
item (aa),
adjusted for special slaughter situations (such as
skinning or foot removal), as the Secretary determines
necessary to render comparable carcass weights;
``(VI) the average sort loss, which shall be equal
to the average discount (in dollars per hundred pounds
carcass weight) for swine slaughtered during the
applicable reporting period, resulting from the fact
that the swine did not fall within the individual
packer's established carcass weight or lot variation
range;
``(VII) the average backfat, which shall be equal
to the average of the backfat thickness (in inches)
measured between the third and fourth from the last
ribs, 7 centimeters from the carcass split (or adjusted
from the individual packer's measurement to that
reference point using an adjustment made by the
Secretary) of the swine slaughtered during the
applicable reporting period;
``(VIII) the average lean percentage, which shall
be equal to the average percentage of the carcass
weight comprised of lean meat for the swine slaughtered
during the applicable reporting period, except that
when a packer is required to report the average lean
percentage under this subclause, the packer shall make
available to the Secretary the underlying data,
applicable methodology and formulae, and supporting
materials used to determine the average lean
percentage, which the Secretary may convert to the
carcass measurements or lean percentage of the swine of
the individual packer to correlate to a common percent
lean measurement; and
``(IX) the total slaughter quantity, which shall be
equal to the total number of swine slaughtered during
the applicable reporting period, including all types of
purchases and packer-owned swine; and
``(iii) packer purchase commitments, which shall be
equal to the number of swine scheduled for delivery to a
packer for slaughter for each of the next 14 calendar days.
``(D) Publication.--The Secretary shall publish the
information obtained under this paragraph in a prior day report
not later than 8:00 a.m. Central Time on the reporting day on
which the information is received from the packer.
``(2) Morning report.--
``(A) In general.--The corporate officers or officially
designated representatives of each packer processing plant
shall report to the Secretary not later than 10:00 a.m. Central
Time each reporting day--
``(i) the packer's best estimate of the total number of
swine, and packer-owned swine, expected to be purchased
throughout the reporting day through each type of purchase;
``(ii) the total number of swine, and packer-owned
swine, purchased up to that time of the reporting day
through each type of purchase;
``(iii) the base price paid for all base market hogs
purchased up to that time of the reporting day through
negotiated purchases; and
``(iv) the base price paid for all base market hogs
purchased through each type of purchase other than
negotiated purchase up to that time of the reporting day,
unless such information is unavailable due to pricing that
is determined on a delayed basis.
``(B) Publication.--The Secretary shall publish the
information obtained under this paragraph in the morning report
as soon as practicable, but not later than 11:00 a.m. Central
Time, on each reporting day.
``(3) Afternoon report.--
``(A) In general.--The corporate officers or officially
designated representatives of each packer processing plant
shall report to the Secretary not later than 2:00 p.m. Central
Time each reporting day--
``(i) the packer's best estimate of the total number of
swine, and packer-owned swine, expected to be purchased
throughout the reporting day through each type of purchase;
``(ii) the total number of swine, and packer-owned
swine, purchased up to that time of the reporting day
through each type of purchase;
``(iii) the base price paid for all base market hogs
purchased up to that time of the reporting day through
negotiated purchases; and
``(iv) the base price paid for all base market hogs
purchased up to that time of the reporting day through each
type of purchase other than negotiated purchase, unless
such information is unavailable due to pricing that is
determined on a delayed basis.
``(B) Publication.--The Secretary shall publish the
information obtained under this paragraph in the afternoon
report as soon as practicable, but not later than 3:00 p.m.
Central Time, on each reporting day.
``(d) Weekly Noncarcass Merit Premium Report.--
``(1) In general.--Not later than 4:00 p.m. Central Time on the
first reporting day of each week, the corporate officers or
officially designated representatives of each packer processing
plant shall report to the Secretary a noncarcass merit premium
report that lists--
``(A) each category of standard noncarcass merit premiums
used by the packer in the prior slaughter week; and
``(B) the amount (in dollars per hundred pounds of carcass
weight) paid to producers by the packer, by category.
``(2) Premium list.--A packer shall maintain and make available
to a producer, on request, a current listing of the dollar values
(per hundred pounds of carcass weight) of each noncarcass merit
premium used by the packer during the current or the prior
slaughter week.
``(3) Availability.--A packer shall not be required to pay a
listed noncarcass merit premium to a producer that meets the
requirements for the premium if the need for swine in a given
category is filled at a particular point in time.
``(4) Publication.--The Secretary shall publish the information
obtained under this subsection as soon as practicable, but not
later than 5:00 p.m. Central Time, on the first reporting day of
each week.
``CHAPTER 4--LAMB REPORTING
``SEC. 241. MANDATORY REPORTING FOR LAMBS.
``(a) Establishment.--The Secretary may establish a program of
mandatory lamb price information reporting that will--
``(1) provide timely, accurate, and reliable market
information;
``(2) facilitate more informed marketing decisions; and
``(3) promote competition in the lamb slaughtering industry.
``(b) Notice and Comment.--If the Secretary establishes a mandatory
price reporting program under subsection (a), the Secretary shall
provide an opportunity for comment on proposed regulations to establish
the program during the 30-day period beginning on the date of the
publication of the proposed regulations.
``CHAPTER 5--ADMINISTRATION
``SEC. 251. GENERAL PROVISIONS.
``(a) Confidentiality.--The Secretary shall make available to the
public information, statistics, and documents obtained from, or
submitted by, packers, retail entities, and other persons under this
subtitle in a manner that ensures that confidentiality is preserved
regarding--
``(1) the identity of persons, including parties to a contract;
and
``(2) proprietary business information.
``(b) Disclosure by Federal Government Employees.--
``(1) In general.--Subject to paragraph (2), no officer,
employee, or agent of the United States shall, without the consent
of the packer or other person concerned, divulge or make known in
any manner, any facts or information regarding the business of the
packer or other person that was acquired through reporting required
under this subtitle.
``(2) Exceptions.--Information obtained by the Secretary under
this subtitle may be disclosed--
``(A) to agents or employees of the Department of
Agriculture in the course of their official duties under this
subtitle;
``(B) as directed by the Secretary or the Attorney
General, for enforcement purposes; or
``(C) by a court of competent jurisdiction.
``(3) Disclosure under freedom of information act.--
Notwithstanding any other provision of law, no facts or information
obtained under this subtitle shall be disclosed in accordance with
section 552 of title 5, United States Code.
``(c) Reporting by Packers.--A packer shall report all information
required under this subtitle on an individual lot basis.
``(d) Regional Reporting and Aggregation.--The Secretary shall make
information obtained under this subtitle available to the public only
in a manner that--
``(1) ensures that the information is published on a national
and a regional or statewide basis as the Secretary determines to be
appropriate;
``(2) ensures that the identity of a reporting person is not
disclosed; and
``(3) conforms to aggregation guidelines established by the
Secretary.
``(e) Adjustments.--Prior to the publication of any information
required under this subtitle, the Secretary may make reasonable
adjustments in information reported by packers to reflect price
aberrations or other unusual or unique occurrences that the Secretary
determines would distort the published information to the detriment of
producers, packers, or other market participants.
``(f) Verification.--The Secretary shall take such actions as the
Secretary considers necessary to verify the accuracy of the information
submitted or reported under chapter 2, 3, or 4.
``(g) Electronic Reporting and Publishing.--The Secretary shall, to
the maximum extent practicable, provide for the reporting and
publishing of the information required under this subtitle by
electronic means.
``(h) Reporting of Activities on Weekends and Holidays.--
``(1) In general.--Livestock committed to a packer, or
purchased, sold, or slaughtered by a packer, on a weekend day or
holiday shall be reported by the packer to the Secretary (to the
extent required under this subtitle), and reported by the
Secretary, on the immediately following reporting day.
``(2) Limitation on reporting by packers.--A packer shall not
be required to report actions under paragraph (1) more than once on
the immediately following reporting day.
``(i) Effect on Other Laws.--Nothing in this subtitle, the
Livestock Mandatory Reporting Act of 1999, or amendments made by that
Act restricts or modifies the authority of the Secretary to--
``(1) administer or enforce the Packers and Stockyards Act,
1921 (7 U.S.C. 181 et seq.);
``(2) administer, enforce, or collect voluntary reports under
this title or any other law; or
``(3) access documentary evidence as provided under sections 9
and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 50).
``SEC. 252. UNLAWFUL ACTS.
``It shall be unlawful and a violation of this subtitle for any
packer or other person subject to this subtitle (in the submission of
information required under chapter 2, 3, or 4, as determined by the
Secretary) to willfully--
``(1) fail or refuse to provide, or delay the timely reporting
of, accurate information to the Secretary (including estimated
information);
``(2) solicit or request that a packer, the buyer or seller of
livestock or livestock products, or any other person fail to
provide, as a condition of any transaction, accurate or timely
information required under this subtitle;
``(3) fail or refuse to comply with this subtitle; or
``(4) report estimated information in any report required under
this subtitle in a manner that demonstrates a pattern of
significant variance in accuracy when compared to the actual
information that is reported for the same reporting period, or as
determined by any audit, oversight, or other verification
procedures of the Secretary.
``SEC. 253. ENFORCEMENT.
``(a) Civil Penalty.--
``(1) In general.--Any packer or other person that violates
this subtitle may be assessed a civil penalty by the Secretary of
not more than $10,000 for each violation.
``(2) Continuing violation.--Each day during which a violation
continues shall be considered to be a separate violation.
``(3) Factors.--In determining the amount of a civil penalty to
be assessed under paragraph (1), the Secretary shall consider the
gravity of the offense, the size of the business involved, and the
effect of the penalty on the ability of the person that has
committed the violation to continue in business.
``(4) Multiple violations.--In determining whether to assess a
civil penalty under paragraph (1), the Secretary shall consider
whether a packer or other person subject to this subtitle has
engaged in a pattern of errors, delays, or omissions in violation
of this subtitle.
``(b) Cease and Desist.--In addition to, or in lieu of, a civil
penalty under subsection (a), the Secretary may issue an order to cease
and desist from continuing any violation.
``(c) Notice and Hearing.--No penalty shall be assessed, or cease
and desist order issued, by the Secretary under this section unless the
person against which the penalty is assessed or to which the order is
issued is given notice and opportunity for a hearing before the
Secretary with respect to the violation.
``(d) Finality and Judicial Review.--
``(1) In general.--The order of the Secretary assessing a civil
penalty or issuing a cease and desist order under this section
shall be final and conclusive unless the affected person files an
appeal of the order of the Secretary in United States district
court not later than 30 days after the date of the issuance of the
order.
``(2) Standard of review.--A finding of the Secretary under
this section shall be set aside only if the finding is found to be
unsupported by substantial evidence.
``(e) Enforcement.--
``(1) In general.--If, after the lapse of the period allowed
for appeal or after the affirmance of a penalty assessed under this
section, the person against which the civil penalty is assessed
fails to pay the penalty, the Secretary may refer the matter to the
Attorney General who may recover the penalty by an action in United
States district court.
``(2) Finality.--In the action, the final order of the
Secretary shall not be subject to review.
``(f) Injunction or Restraining Order.--
``(1) In general.--If the Secretary has reason to believe that
any person subject to this subtitle has failed or refused to
provide the Secretary information required to be reported pursuant
to this subtitle, and that it would be in the public interest to
enjoin the person from further failure to comply with the reporting
requirements, the Secretary may notify the Attorney General of the
failure.
``(2) Attorney general.--The Attorney General may apply to the
appropriate district court of the United States for a temporary or
permanent injunction or restraining order.
``(3) Court.--When needed to carry out this subtitle, the court
shall, on a proper showing, issue a temporary injunction or
restraining order without bond.
``(g) Failure To Obey Orders.--
``(1) In general.--If a person subject to this subtitle fails
to obey a cease and desist or civil penalty order issued under this
subsection after the order has become final and unappealable, or
after the appropriate United States district court has entered a
final judgment in favor of the Secretary, the United States may
apply to the appropriate district court for enforcement of the
order.
``(2) Enforcement.--If the court determines that the order was
lawfully made and duly served and that the person violated the
order, the court shall enforce the order.
``(3) Civil penalty.--If the court finds that the person
violated the cease and desist provisions of the order, the person
shall be subject to a civil penalty of not more than $10,000 for
each offense.
``SEC. 254. FEES.
``The Secretary shall not charge or assess a user fee, transaction
fee, service charge, assessment, reimbursement, or any other fee for
the submission or reporting of information, for the receipt or
availability of, or access to, published reports or information, or for
any other activity required under this subtitle.
``SEC. 255. RECORDKEEPING.
``(a) In General.--Subject to subsection (b), each packer required
to report information to the Secretary under this subtitle shall
maintain, and make available to the Secretary on request, for 2 years--
``(1) the original contracts, agreements, receipts and other
records associated with any transaction relating to the purchase,
sale, pricing, transportation, delivery, weighing, slaughter, or
carcass characteristics of all livestock; and
``(2) such records or other information as is necessary or
appropriate to verify the accuracy of the information required to
be reported under this subtitle.
``(b) Limitations.--Under subsection (a)(2), the Secretary may not
require a packer to provide new or additional information if--
``(1) the information is not generally available or maintained
by packers; or
``(2) the provision of the information would be unduly
burdensome.
``(c) Purchases of Cattle or Swine.--A record of a purchase of a
lot of cattle or a lot of swine by a packer shall evidence whether the
purchase occurred--
``(1) before 10:00 a.m. Central Time;
``(2) between 10:00 a.m. and 2:00 p.m. Central Time; or
``(3) after 2:00 p.m. Central Time.
``SEC. 256. VOLUNTARY REPORTING.
``The Secretary shall encourage voluntary reporting by packers (as
defined in section 201 of the Packers and Stockyards Act, 1921 (7
U.S.C. 191)) to which the mandatory reporting requirements of this
subtitle do not apply.
``SEC. 257. PUBLICATION OF INFORMATION ON RETAIL PURCHASE PRICES FOR
REPRESENTATIVE MEAT PRODUCTS.
``(a) In General.--Beginning not later than 90 days after the date
of the enactment of this subtitle, the Secretary shall compile and
publish at least monthly (weekly, if practicable) information on retail
prices for representative food products made from beef, pork, chicken,
turkey, veal, or lamb.
``(b) Information.--The report published by the Secretary under
subsection (a) shall include--
``(1) information on retail prices for each representative food
product described in subsection (a); and
``(2) information on total sales quantity (in pounds and
dollars) for each representative food product.
``(c) Meat Price Spreads Report.--During the period ending 2 years
after the initial publication of the report required under subsection
(a), the Secretary shall continue to publish the Meat Price Spreads
Report in the same manner as the Report was published before the date
of the enactment of this subtitle.
``(d) Information Collection.--
``(1) In general.--To ensure the accuracy of the reports
required under subsection (a), the Secretary shall obtain the
information for the reports from one or more sources including--
``(A) a consistently representative set of retail
transactions; and
``(B) both prices and sales quantities for the
transactions.
``(2) Source of information.--The Secretary may--
``(A) obtain the information from retailers or commercial
information sources; and
``(B) use valid statistical sampling procedures, if
necessary.
``(3) Adjustments.--In providing information on retail prices
under this section, the Secretary may make adjustments to take into
account differences in--
``(A) the geographic location of consumption;
``(B) the location of the principal source of supply;
``(C) distribution costs; and
``(D) such other factors as the Secretary determines
reflect a verifiable comparative retail price for a
representative food product.
``(e) Administration.--The Secretary--
``(1) shall collect information under this section only on a
voluntary basis; and
``(2) shall not impose a penalty on a person for failure to
provide the information or otherwise compel a person to provide the
information.
``SEC. 258. SUSPENSION AUTHORITY REGARDING SPECIFIC TERMS OF PRICE
REPORTING REQUIREMENTS.
``(a) In General.--The Secretary may suspend any requirement of
this subtitle if the Secretary determines that application of the
requirement is inconsistent with the purposes of this subtitle.
``(b) Suspension Procedure.--
``(1) Period.--A suspension under subsection (a) shall be for a
period of not more than 240 days.
``(2) Action by congress.--If an Act of Congress concerning the
requirement that is the subject of the suspension under subsection
(a) is not enacted by the end of the period of the suspension
established under paragraph (1), the Secretary shall implement the
requirement.
``SEC. 259. FEDERAL PREEMPTION.
``In order to achieve the goals, purposes, and objectives of this
title on a nationwide basis and to avoid potentially conflicting State
laws that could impede the goals, purposes, or objectives of this
title, no State or political subdivision of a State may impose a
requirement that is in addition to, or inconsistent with, any
requirement of this subtitle with respect to the submission or
reporting of information, or the publication of such information, on
the prices and quantities of livestock or livestock products.''.
SEC. 912. UNJUST DISQUALIFICATION.
Section 202(b) of the Packers and Stockyards Act, 1921 (7 U.S.C.
192(b)), is amended by striking ``whatsoever'' each place it appears.
SEC. 913. CONFORMING AMENDMENTS.
(a) Section 416 of the Packers and Stockyards Act, 1921 (7 U.S.C.
229a), is repealed.
(b) Section 1127 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 1999 (7
U.S.C. 1421 note; Public Law 105-277), is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Export Market Reporting.--The Secretary shall--
``(1) implement a streamlined electronic system for collecting
export sales and shipments data, in the least intrusive manner
possible, for fresh or frozen muscle cuts of meat food products;
and
``(2) develop a data-reporting program to disseminate summary
information in a timely manner (in the case of beef, consistent
with the reporting under section 602(a) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5712(a))).''; and
(2) in subsection (c), by striking ``this section of the Act''
and inserting ``subsection (b)''.
Subtitle B--Related Beef Reporting Provisions
SEC. 921. BEEF EXPORT REPORTING.
Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C.
5712(a)(1)) is amended by inserting ``, beef,'' after ``cotton''.
SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Agriculture shall fully implement a program, through
the use of a streamlined electronic online system, to issue and report
export certificates for all meat and meat products.
SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE.
(a) In General.--The Secretary of Agriculture shall--
(1) obtain information regarding the import of beef and beef
variety meats (consistent with the information categories reported
for beef exports under section 602(a) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5712(a))) and cattle using available information
sources; and
(2) publish the information in a timely manner weekly and in a
form that maximizes the utility of the information to beef
producers, packers, and other market participants.
(b) Content.--The published information shall include information
reporting the year-to-date cumulative annual imports of beef, beef
variety meats, and cattle for the current and prior marketing years.
SEC. 924. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out sections 922 and 923.
Subtitle C--Related Swine Reporting Provisions
SEC. 931. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT.
(a) In General.--Effective beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of Agriculture
shall publish on a monthly basis the Hogs and Pigs Inventory Report.
(b) Gestating Sows.--The Secretary shall include in a separate
category of the Report the number of bred female swine that are
assumed, or have been confirmed, to be pregnant during the reporting
period.
(c) Phase-Out.--Effective for a period of eight quarters after the
implementation of the monthly report required under subsection (a), the
Secretary shall continue to maintain and publish on a quarterly basis
the Hogs and Pigs Inventory Report published on or before the date of
the enactment of this Act.
SEC. 932. BARROW AND GILT SLAUGHTER.
(a) In General.--The Secretary of Agriculture shall promptly obtain
and maintain, through an appropriate collection system or valid
sampling system at packing plants, information on the total slaughter
of swine that reflects differences in numbers between barrows and
gilts, as determined by the Secretary.
(b) Availability.--The information shall be made available to swine
producers, packers, and other market participants in a report published
by the Secretary not less frequently than weekly.
(c) Administration.--
(1) In general.--The Secretary shall administer the collection
and compilation of information, and the publication of the report,
required by this section.
(2) Nondelegation.--The Secretary shall not delegate the
collection, compilation, or administration of the information
required by this section to any packer (as defined in section 201
of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)).
SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT.
(a) In General.--The Secretary of Agriculture shall contract with a
qualified contractor to conduct a correlation study and prepare a
report establishing a baseline and standards for determining and
improving average trim loss measurements and processing techniques for
pork processors to employ in the slaughter of swine.
(b) Correlation Study and Report.--The study and report shall--
(1) analyze processing techniques that would assist the pork
processing industry in improving procedures for uniformity and
transparency in how trim loss is discounted (in dollars per hundred
pounds carcass weight) by different packers and processors;
(2) analyze slaughter inspection procedures that could be
improved so that trimming procedures and policies of the Secretary
are uniform to the maximum extent determined practicable by the
Secretary;
(3) determine how the Secretary may be able to foster improved
breeding techniques and animal handling and transportation
procedures through training programs made available to swine
producers so as to minimize trim loss in slaughter processing; and
(4) make recommendations that are designed to effect changes in
the pork industry so as to achieve continuous improvement in
average trim losses and discounts.
(c) Subsequent Reports on Status of Improvements and Updates in
Baseline.--Not less frequently than once every 2 years after the
initial publication of the report required under this section, the
Secretary shall make subsequent periodic reports that--
(1) examine the status of the improvement in reducing trim loss
discounts in the pork processing industry; and
(2) update the baseline to reflect changes in trim loss
discounts.
(d) Submission of Reports to Congress, Producers, Packers, and
Others.--The reports required under this section shall be made
available to--
(1) the public on the Internet;
(2) the Committee on Agriculture of the House of
Representatives;
(3) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
(4) producers and packers; and
(5) other market participants.
SEC. 934. SWINE PACKER MARKETING CONTRACTS.
Title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 191 et
seq.) is amended--
(1) by inserting before section 201 (7 U.S.C. 191) the
following:
``Subtitle A--General Provisions'';
and
(2) by adding at the end the following:
``Subtitle B--Swine Packer Marketing Contracts
``SEC. 221. DEFINITIONS.
``Except as provided in section 223(a), in this subtitle:
``(1) Market.--The term `market' means the sale or disposition
of swine, pork, or pork products in commerce.
``(2) Packer.--The term `packer' has the meaning given the term
in section 231 of the Agricultural Marketing Act of 1946.
``(3) Pork.--The term `pork' means the meat of a porcine
animal.
``(4) Pork product.--The term `pork product' means a product or
byproduct produced or processed in whole or in part from pork.
``(5) State.--The term `State' means each of the 50 States.
``(6) Swine.--The term `swine' means a porcine animal raised to
be a feeder pig, raised for seedstock, or raised for slaughter.
``(7) Type of contract.--The term `type of contract' means the
classification of contracts or risk management agreements for the
purchase of swine by--
``(A) the mechanism used to determine the base price for
swine committed to a packer, grouped into practicable
classifications by the Secretary (including swine or pork
market formula purchases, other market formula purchases, and
other purchase arrangements); and
``(B) the presence or absence of an accrual account or
ledger that must be repaid by the producer or packer that
receives the benefit of the contract pricing mechanism in
relation to negotiated prices.
``(8) Other terms.--Except as provided in this subtitle, a term
has the meaning given the term in section 212 or 231 of the
Agricultural Marketing Act of 1946.
``SEC. 222. SWINE PACKER MARKETING CONTRACTS OFFERED TO PRODUCERS.
``(a) In General.--Subject to the availability of appropriations to
carry out this section, the Secretary shall establish and maintain a
library or catalog of each type of contract offered by packers to swine
producers for the purchase of all or part of the producers' production
of swine (including swine that are purchased or committed for
delivery), including all available noncarcass merit premiums.
``(b) Availability.--The Secretary shall make available to swine
producers and other interested persons information on the types of
contracts described in subsection (a), including notice (on a real-time
basis if practicable) of the types of contracts that are being offered
by each individual packer to, and are open to acceptance by, producers
for the purchase of swine.
``(c) Confidentiality.--The reporting requirements under
subsections (a) and (b) shall be subject to the confidentiality
protections provided under section 251 of the Agricultural Marketing
Act of 1946.
``(d) Information Collection.--
``(1) In general.--The Secretary shall--
``(A) obtain (by a filing or other procedure required of
each individual packer) information indicating what types of
contracts for the purchase of swine are available from each
packer; and
``(B) make the information available in a monthly report to
swine producers and other interested persons.
``(2) Contracted swine numbers.--Each packer shall provide, and
the Secretary shall collect and publish in the monthly report
required under paragraph (1)(B), information specifying--
``(A) the types of existing contracts for each packer;
``(B) the provisions contained in each contract that
provide for expansion in the numbers of swine to be delivered
under the contract for the following 6-month and 12-month
periods;
``(C) an estimate of the total number of swine committed by
contract for delivery to all packers within the 6-month and 12-
month periods following the date of the report, reported by
reporting region and by type of contract; and
``(D) an estimate of the maximum total number of swine that
potentially could be delivered within the 6-month and 12-month
periods following the date of the report under the provisions
described in subparagraph (B) that are included in existing
contracts, reported by reporting region and by type of
contract.
``(e) Violations.--It shall be unlawful and a violation of this
title for any packer to willfully fail or refuse to provide to the
Secretary accurate information required under, or to willfully fail or
refuse to comply with any requirement of, this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.
``SEC. 223. REPORT ON THE SECRETARY'S JURISDICTION, POWER, DUTIES, AND
AUTHORITIES.
``(a) Definition of Packer.--In this section, the term `packer' has
the meaning given the term in section 201 of the Packers and Stockyards
Act, 1921 (7 U.S.C. 191).
``(b) Report.--Not later than 90 days after the date of the
enactment of this subtitle, the Comptroller General of the United
States shall provide to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the jurisdiction, powers,
duties, and authorities of the Secretary that relate to packers and
other persons involved in procuring, slaughtering, or processing swine,
pork, or pork products that are covered by this Act and other laws,
including--
``(1) the Federal Trade Commission Act (15 U.S.C. 41 et seq.),
especially sections 6, 8, 9, and 10 of that Act (15 U.S.C. 46, 48,
49, and 50); and
``(2) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.).
``(c) Contents.--The Comptroller General shall include in the
report an analysis of--
``(1) burdens on and obstructions to commerce in swine, pork,
and pork products by packers, and other persons that enter into
arrangements with the packers, that are contrary to, or do not
protect, the public interest;
``(2) noncompetitive pricing arrangements between or among
packers, or other persons involved in the processing, distribution,
or sale of pork and pork products, including arrangements provided
for in contracts for the purchase of swine;
``(3) the effective monitoring of contracts entered into
between packers and swine producers;
``(4) investigations that relate to, and affect, the disclosure
of--
``(A) transactions involved in the business conduct and
practices of packers; and
``(B) the pricing of swine paid to producers by packers and
the pricing of products in the pork and pork product
merchandising chain;
``(5) the adequacy of the authority of the Secretary to prevent
a packer from unjustly or arbitrarily refusing to offer a producer,
or disqualifying a producer from eligibility for, a particular
contract or type of contract for the purchase of swine; and
``(6) the ability of the Secretary to cooperate with and
enhance the enforcement of actions initiated by other Federal
departments and agencies, or Federal independent agencies, to
protect trade and commerce in the pork and pork product industries
against unlawful restraints and monopolies.''.
SEC. 935. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle and the amendments made by this subtitle.
Subtitle D--Implementation
SEC. 941. REGULATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall publish final
regulations to implement this title and the amendments made by this
title.
(b) Publication of Proposed Regulations.--Not later than 90 days
after the date of the enactment of this Act, the Secretary shall
publish proposed regulations to implement this title and the amendments
made by this title.
(c) Comment Period.--The Secretary shall provide an opportunity for
comment on the proposed regulations during the 30-day period beginning
on the date of the publication of the proposed regulations.
(d) Final Regulations.--Not later than 60 days after the conclusion
of the comment period, the Secretary shall publish the final
regulations and implement this title and the amendments made by this
title.
SEC. 942. TERMINATION OF AUTHORITY.
The authority provided by this title and the amendments made by
this title terminate 5 years after the date of the enactment of this
Act.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2000''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.