[Congressional Record Volume 143, Number 106 (Thursday, July 24, 1997)]
[Senate]
[Pages S7987-S8004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
                 RELATED AGENCIES APPROPRIATIONS, 1998

  The PRESIDING OFFICER (Mr. Brownback). Under the previous order, the 
Senate will now resume consideration of S. 1033, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (S. 1033) making appropriations for Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies programs for the fiscal year ending September 30, 
     1998, and for other purposes.

  The Senate resumed consideration of the bill.
  Pending:

       Wellstone amendment No. 972, to provide funds for outreach 
     and startup of the school breakfast program.


                           Amendment No. 972

  The PRESIDING OFFICER. By previous order, we have 10 minutes on the 
Wellstone amendment: 5 minutes controlled by the Senator from Minnesota 
and 5 minutes controlled by the floor manager of the bill.
  Who seeks time?
  Mr. WELLSTONE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Minnesota.


                         Privilege of the Floor

  Mr. WELLSTONE. Mr. President, I ask unanimous consent that Greg 
Renden, an intern in my office, be allowed to be on the floor for the 
duration of today.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WELLSTONE. I thank the Chair.
  Mr. President, I offered this amendment last night. We had a fairly 
thorough discussion. I don't think this is an adversarial relationship 
with my colleague from Mississippi.
  Let me just briefly summarize.
  This amendment revives what is called the Outreach and Start Up Grant 
Program for school breakfasts. Let me point out to my colleagues what 
this is about.
  This is a Children's Defense Fund poster. ``Remember these hungry 
kids in China? Now they are in Omaha.'' They could be in any of our 
States.
  We have 5.5 million American children who do not regularly get enough 
to eat. There was a $5 million outreach program that we eliminated last 
year in the welfare bill. I don't think colleagues knew what they were 
voting on. They did when it came to the overall welfare bill. But this 
was one tiny provision.
  The argument that was made about this outreach program was that it 
was too successful. That is to say, we have 8 million children who 
could qualify for the School Breakfast Program but don't receive it 
because many school districts and States aren't yet able to set it up.

  This $5 million outreach program made a huge difference. It was very 
successful, and, indeed, the School Breakfast Program is credited as 
being one of the most successful nutritional programs in our country.
  I fear that too many of my colleagues do not understand that there 
are children in our country who go to school hungry, and we are not 
doing very much about it. When children go to

[[Page S7988]]

school hungry, they don't do well in school, and when they don't do 
well in school they can't learn, and when they are adults later on they 
can't earn.
  It is very shortsighted that we eliminated this program. We should 
not have done so.
  Mr. President, there are 8 million children spread across 27,000 
schools who go to school hungry or are malnourished or without enough 
to eat. The distinctions aren't that important. We can do better.
  For $5 million we can have an outreach program that will enable more 
of our States and more of our school districts to provide a school 
breakfast, a nutritious meal, to children before they start school.
  Mr. President, again this is an extremely effective program. Study 
after study has really pointed out that the School Breakfast Program 
makes an enormous difference. It makes an enormous difference in terms 
of overall test scores. It makes an enormous difference in terms of 
whether students drop out of school or not, whether they arrive at 
school on time, and how well they do.
  Clearly this amendment speaks to priorities. Surely we can find $5 
million.
  Mr. President, the offset is from funds allocated to the crop 
insurance companies for which right now the total amount is $202 
million. In the Senate we have $24 million more than the House 
appropriated. We have $52 million more than the President appropriated.
  The GAO in a very critical report of this insurance program pointed 
out that there is $81 million more than the companies' expenses for 
selling and servicing crop insurance.
  I am very careful to maintain the integrity of this program--a mere 
$5 million transfer, $5 million out of $24 million more than the House 
allocated, $5 million out of $52 million we have more than the 
President asked for, which could go to an outreach program for school 
breakfast.
  I make this appeal to colleagues. There are too many children in our 
country who are malnourished. There are too many children who cannot 
learn. There are too many children who have rotting teeth because they 
don't get the decent meals that they deserve and the adequate meal that 
they deserve and the nutrition that they deserve. There are too many 
children who aren't able to concentrate in school. There are too many 
children who suffer from health care problems because they don't have 
an adequate diet.
  We never should have done that. We never should have done this. We 
eliminated the most successful outreach program--total cost for the 
whole Nation, $5 million.
  Surely it is not asking too much of my colleagues to allocate a 
transfer of this small amount of money to make sure that we provide 
children with an adequate breakfast, with a decent meal, so that they 
can start school on the right foot and do well.
  Mr. President, how much time do I have left?
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. COCHRAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, I yield myself such time as I may consume 
to remind Senators that this is an issue that came up during the 
welfare reform debate. The President proposed repeal of these startup 
grants during last year's welfare reform debate.
  In addition, the Democratic substitute welfare reform bill and the 
Republican welfare reform bill contained a provision to repeal these 
grants. Funds were taken from the grant program to expand the school 
breakfast and summer food service programs.
  Additionally, the Senate voted on a similar proposal to the Wellstone 
amendment on the Department of Defense authorization bill on July 9 and 
defeated it by a vote of 65 to 33.
  The question is not whether we need to do more in terms of 
acquainting students and school districts and parents with the 
availability of these important nutrition programs. The question is: Do 
we need Federal dollars that could otherwise go to the feeding programs 
themselves to be diverted for that purpose, or do we need to divert, as 
the Senator suggests, funds from other parts of this appropriations 
bill which are needed for other matters?
  Our suggestion is that we try to do a better job of working with 
local school districts, with parent groups, with the schools 
themselves, to make sure that all students are aware of the 
availability of these programs.
  We have increased funding for all of the food nutrition programs as a 
whole. The WIC program, for example, has over $200 million increased 
funding in this bill to guarantee that the current participation rate 
will not be compromised as a result of our effort to reduce spending 
and balance the budget.
  We are protecting those who are vulnerable. We are protecting those 
who need assistance to meet their nutrition needs in this budget.
  This is a sensitive bill on this subject, and I urge all Senators to 
vote against this amendment.
  Mr. President, I yield the remainder of my time.
  I move to table the Wellstone amendment, and I ask for the yeas and 
nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. COCHRAN. Mr. President, the vote on the amendments under the 
order will commence at 10 a.m. We have not yet reached that hour.
  Let me, for the information of Senators, remind them that we have 
other amendments that were stated in the order as subject to votes 
beginning at 10 o'clock this morning with 2 minutes for debate between 
each amendment, which will be stacked with time equally divided.
  Those amendments under the order are the Wellstone amendment; the 
managers' package, which was adopted last night; the Bingaman amendment 
on CRP, which we are advised will not be offered; the Robb amendment on 
farmers' civil rights, which we hope will be resolved on a voice vote. 
We have proposed an alternative to the Robb amendment which is under 
consideration now, we are told, and a Johnson amendment on livestock 
packers' issues. We are advised that that will not be offered.

  So, with the vote on the motion to table the Wellstone amendment, and 
if we do not need a vote on the Robb amendment, then we will move to 
final passage immediately after the vote on the motion to table the 
Wellstone amendment.
  I yield the floor.
  Mr. BINGAMAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from New Mexico.


                         Privilege of the Floor

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that David 
Schindel, a legislative fellow in my office, be granted floor 
privileges for the remainder of the day.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Who seeks recognition?
  Mr. ROBB addressed the Chair.
  The PRESIDING OFFICER. The Senator from Virginia.


                         Farmers' Civil Rights

  Mr. ROBB. Mr. President, I have an amendment that we have been 
working very hard to work out. I commend and appreciate the cooperation 
of the chairman and the ranking member of the Agriculture Committee.
  It is an amendment that has been requested specifically by the 
Secretary of Agriculture to address a very serious problem. We have had 
documented discrimination by the U.S. Department of Agriculture against 
minority and impoverished farmers over an extended period of time. A 
report that he requested that took 90 days to compile again documented 
the same problem. We have reports going back to 1995 to document the 
problem.
  To the best of my knowledge, no Senator who has worked with me or 
worked on this particular problem has suggested in any way, shape, or 
form that the problem does not exist and that we do not have an 
obligation to solve it. The only difficulty that we have run into is 
identifying the precise offset. The offset that the Secretary of the 
Department of Agriculture recommended is one in terms of a very small 
reduction in the crop insurance Program, taking it down from 28 to 
27.9, I believe it is.
  I hope that by the time the vote will actually be required we will 
have resolved this particular question. If we do not, I say and I 
pledge to those involved on both sides of the aisle that

[[Page S7989]]

we will do everything we can between now and conference to ensure that 
we have an offset that is consistent with the programs that the various 
Members are interested in protecting but, most importantly, addresses 
this situation.
  The bottom line is that the investigative unit in the Department of 
Agriculture, unbeknownst to the farmers who were affected by the 
discrimination, was abolished 13 years ago, and they were relying on 
that. The Department of Agriculture says they need this particular 
remedy to solve the problem.
  We will work with the committee and work with the conferees, if 
necessary, if we can't come up with the right offset. But I hope that 
this can be accepted, and if it is not, I hope that we get a vote on 
it--a very positive vote on it. We will certainly work hard to make 
sure that we have the appropriate offset at the appropriate time.
  Thank you, Mr. President.
  Mr. COCHRAN. Mr. President, I am happy to hear the remarks of the 
distinguished Senator from Virginia, and I am encouraged by his 
attitude to try to work this out so that we will not have to prolong 
the time of Senators this morning on a rollcall vote if it is not 
necessary. We think that this is a matter of importance as well, and we 
hope that adequate funds can be made available so that there can be in 
the office of civil rights in the Department of Agriculture funds 
needed to carry on this important work.
  Mr. WELLSTONE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Minnesota.


                     Amendment No. 972, as modified

  Mr. WELLSTONE. I have just been conferring with my colleagues from 
Kansas and Arkansas. I ask unanimous consent that I be able to modify 
my amendment that the offset be from travel and administrative costs 
within the Department of Agriculture.
  The PRESIDING OFFICER. Is there objection?
  Mr. COCHRAN. I have no objection.
  Mr. WELLSTONE. I thank the Senator.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Will the Senator send the modification to the desk.
  The amendment is so modified.
  The amendment (No. 972), as modified, is as follows:

       On page 47, line 6, strike ``$7,769,066,000'' and insert 
     ``$7,774,066,000''.
       On page 47, line 13, insert after ``claims'' the following: 
     ``: Provided further, That not less than $5,000,000 shall be 
     available for outreach and startup in accordance with section 
     4(f) of the Child Nutrition Act of 1966 (42 U.S.C. 
     1773(f))''.
       On page 66, between lines 12 and 13, insert the following:

     SEC. 728. OUTREACH AND STARTUP FOR THE SCHOOL BREAKFAST 
                   PROGRAM.

       Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1773) is amended by adding at the end the following:
       ``(f) Outreach and Startup.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible school.--The term `eligible school' means a 
     school--
       ``(i) attended by children, a significant percentage of 
     whom are members of low-income families;
       ``(ii)(I) as used with respect to a school breakfast 
     program, that agrees to operate the school breakfast program 
     established or expanded with the assistance provided under 
     this subsection for a period of not less than 3 years; and
       ``(II) as used with respect to a summer food service 
     program for children, that agrees to operate the summer food 
     service program for children established or expanded with the 
     assistance provided under this subsection for a period of not 
     less than 3 years.
       ``(B) Service institution.--The term `service institution' 
     means an institution or organization described in paragraph 
     (1)(B) or (7) of section 13(a) of the National School Lunch 
     Act (42 U.S.C. 1761(a)).
       ``(C) Summer food service program for children.--The term 
     `summer food service program for children' means a program 
     authorized by section 13 of the National School Lunch Act (42 
     U.S.C. 1761).
       ``(2) Payments.--The Secretary shall make payments on a 
     competitive basis and in the following order of priority 
     (subject to the other provisions of this subsection), to--
       ``(A) State educational agencies in a substantial number of 
     States for distribution to eligible schools to assist the 
     schools with nonrecurring expenses incurred in--
       ``(i) initiating a school breakfast program under this 
     section; or
       ``(ii) expanding a school breakfast program; and
       ``(B) a substantial number of States for distribution to 
     service institutions to assist the institutions with 
     nonrecurring expenses incurred in--
       ``(i) initiating a summer food service program for 
     children; or
       ``(ii) expanding a summer food service program for 
     children.
       ``(3) Payments additional.--Payments received under this 
     subsection shall be in addition to payments to which State 
     agencies are entitled under subsection (b) of this section 
     and section 13 of the National School Lunch Act (42 U.S.C. 
     1761).
       ``(4) State plan.--To be eligible to receive a payment 
     under this subsection, a State educational agency shall 
     submit to the Secretary a plan to initiate or expand school 
     breakfast programs conducted in the State, including a 
     description of the manner in which the agency will provide 
     technical assistance and funding to schools in the State to 
     initiate or expand the programs.
       ``(5) School breakfast program preferences.--In making 
     payments under this subsection for any fiscal year to 
     initiate or expand school breakfast programs, the 
     Secretary shall provide a preference to State educational 
     agencies that--
       ``(A) have in effect a State law that requires the 
     expansion of the programs during the year,
       ``(B) have significant public or private resources that 
     have been assembled to carry out the expansion of the 
     programs during the year;
       ``(C) do not have a school breakfast program available to a 
     large number of low-income children in the State; or
       ``(D) serve an unmet need among low-income children, as 
     determined by the Secretary.
       ``(6) Summer food service program preferences.--In making 
     payments under this subsection for any fiscal year to 
     initiate or expand summer food service programs for children, 
     the Secretary shall provide a preference to States--
       ``(A)(i) in which the numbers of children participating in 
     the summer food service program for children represent the 
     lowest percentages of the number of children receiving free 
     or reduced price meals under the school lunch program 
     established under the National School Lunch Act (42 U.S.C. 
     1751 et seq.); or
       ``(ii) that do not have summer food service program for 
     children available to a large number of low-income children 
     in the State; and
       ``(B) that submit to the Secretary a plan to expand the 
     summer food service programs for children conducted in the 
     State, including a description of--
       ``(i) the manner in which the State will provide technical 
     assistance and funding to service institutions in the State 
     to expand the programs; and
       ``(ii) significant public or private resources that have 
     been assembled to carry out the expansion of the programs 
     during the year.
       ``(7) Recovery and reallocation.--The Secretary shall act 
     in a timely manner to recover and reallocate to other States 
     any amounts provided to a State educational agency or State 
     under this subsection that are not used by the agency or 
     State within a reasonable period (as determined by the 
     Secretary).
       ``(8) Annual application.--The Secretary shall allow States 
     to apply on an annual basis for assistance under this 
     subsection.
       ``(9) Greatest need.--Each State agency and State, in 
     allocating funds within the State, shall give preference for 
     assistance under this subsection to eligible schools and 
     service institutions that demonstrate the greatest need for a 
     school breakfast program or a summer food service program for 
     children, respectively.
       ``(10) Maintenance of effort.--Expenditures of funds from 
     State and local sources for the maintenance of the school 
     breakfast program and the summer food service program for 
     children shall not be diminished as a result of payments 
     received under this subsection.''.
       At the end of the bill, insert the following new section:
       Sec.   . The Secretary shall reduce funding for travel and 
     office expenses within the Department of Agriculture 
     sufficient to reduce spending in terms of budget authority 
     and budget outlays by an amount sufficient to fully cover the 
     costs of the outreach and startup grants for the School 
     Breakfast Program.

  The PRESIDING OFFICER. The question now is on agreeing to the motion 
to table the amendment.
  The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from Massachusetts [Mr. 
Kennedy] is necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts [Mr. Kennedy] would vote ``nay.''
  The PRESIDING OFFICER (Mr. Roberts). Are there any other Senators in 
the Chamber who desire to vote?
  The result was announced--yeas 54, nays 45, as follows:

                      [Rollcall Vote No. 200 Leg.]

                                YEAS--54

     Abraham
     Allard
     Ashcroft
     Bennett
     Biden
     Bond
     Brownback
     Burns
     Campbell
     Chafee
     Coats
     Cochran
     Collins
     Coverdell
     Craig

[[Page S7990]]


     Domenici
     Enzi
     Faircloth
     Frist
     Glenn
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Johnson
     Kempthorne
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner

                                NAYS--45

     Akaka
     Baucus
     Bingaman
     Boxer
     Breaux
     Bryan
     Bumpers
     Byrd
     Cleland
     Conrad
     D'Amato
     Daschle
     DeWine
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Ford
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Mikulski
     Moseley-Braun
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Specter
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Kennedy
       
  The motion to lay on the table the amendment (No. 972) was agreed to.
  Mr. COCHRAN. Mr. President, I move to reconsider the vote.
  Mr. BUMPERS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from Mississippi will be 
recognized. Prior to the Senator speaking, however, the Senate will 
come to order.
  Mr. STEVENS. Mr. President, we do not have order.
  The PRESIDING OFFICER. The Senator from Alaska is correct.
  The Senator from Mississippi is recognized.


                           Amendment No. 977

 (Purpose: To provide additional funding for the Outreach Program for 
 Socially Disadvantaged Farmers and earmark funds for the civil rights 
                          investigative unit)

  Mr. COCHRAN. Mr. President, under the order, there is an opportunity 
for the offering of a Robb amendment on farmers civil rights. We have 
now worked out an alternative to the amendment that was first 
presented. I will yield the floor to the Senator from Virginia to 
describe his amendment.
  The PRESIDING OFFICER. The Senator from Virginia is recognized.
  Mr. ROBB. Mr. President, I send an amendment to the desk and I ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Robb] proposes an amendment 
     numbered 977.

  Mr. ROBB. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 7, line 3, strike ``$24,948,000'' and insert in 
     lieu thereof ``$26,948,000''.
       On page 7, line 16, before the period, insert the 
     following: ``: Provided further, That of the total amount 
     appropriated, not less than $13,774,000 shall be made 
     available for civil rights enforcement, of which up to 
     $3,000,000 shall be provided to establish an investigative 
     unit within the Office of Civil Rights''.
       On page 34, line 6, strike ``$47,700,000'' and insert in 
     lieu thereof ``$44,700,000''.
       On page 35, line 1, strike ``$3,000,000'' and insert in 
     lieu thereof ``$4,000,000''.

  Mr. ROBB. Mr. President, I rise today to offer an amendment to the 
Agriculture appropriations bill that will provide USDA with the 
resources to reestablish the Department's investigative unit and to 
improve outreach efforts, ensuring equal access for all farmers in USDA 
programs. This amendment will allow the Department of Agriculture to 
resolve the backlog of complaints made by farmers who have suffered 
racial discrimination at the hands of USDA, and will provide the 
Department with the resources necessary to eradicate discrimination and 
improve small and minority farmers' participation in agricultural 
programs.
  Mr. President, discrimination of any kind is offensive. But it is 
even more repugnant when it is practiced by people within the Federal 
Government--the very body that is supposed to come to the aid of the 
disadvantaged and the dispossessed. Sadly, Mr. President, the 
Department of Agriculture has had a long history of discrimination 
against minority and disadvantaged farmers, as well as minority and 
women employees.
  Mr. President, for too long serving the needs of small and 
disadvantaged farmers has clearly not been a priority for USDA, and 
until recently the Department had not supported any coordinated effort 
to address this problem. In fact, despite decades of documented 
discrimination in program delivery and employment, USDA acknowledges 
today they have a backlog of nearly 800 racial discrimination 
complaints by farmers, some of which have been pending for over 7 
years. Even Agriculture Secretary Dan Glickman admits that for ``far 
too long USDA has turned a blind eye to serious, pervasive problems 
with [the] civil rights system.'' Fortunately, Secretary Glickman is 
committed to fixing this long-standing problem, but he needs the tools 
to accomplish the task.
  Mr. President, I have discovered that although studies, reports, and 
task forces from 1965 to 1997 have all documented discrimination and 
mistreatment of minority and socially disadvantaged customers, as well 
as agency employees, many do not know the extent of these long-standing 
problems plaguing the Department.
  The reality is black farmers in the United States are dwindling at 
three times the rate of farmers nationwide--nearly to the point of 
extinction.
  In December 1996, after a group of black farmers demonstrated outside 
the White House calling for fair treatment in agricultural lending 
programs, Secretary Glickman promptly called for a national forum, and 
appointed a Civil Rights Action Team to conduct a thorough audit of 
USDA civil rights issues inside and outside the department.
  Within 90 days, the Civil Rights Action Team published a 121-page 
report confirming not only that small and minority farmers had often 
not been served at all, but in many cases the service provided by USDA 
appeared to be detrimental to their survival. Minority farmers have 
lost significant amounts of land and potential farm income as a result 
of discrimination by USDA agencies.

  Secretary Glickman came to the Capitol just last week and addressed 
the House Agriculture Committee on racial discrimination. The Secretary 
admitted that his Department has ``a long history of both 
discrimination and perceptions of unfairness that go back literally to 
the middle of the 19th century.'' The Secretary acknowledged that USDA 
does not fully practice what they preach, and during field hearings he 
had spoken to people who had lost their farms and lost their family 
land, as he said, ``not because of a bad crop, not because of a flood, 
but because of the color of their skin.'' The Secretary went on to 
state his desire to close this chapter of USDA's history and stated his 
goal is ``to get USDA out from under the past and have it emerge in the 
21st century as the Federal civil rights leader.''
  I commend the Secretary for his leadership in candidly and openly 
addressing an issue that for too long has plagued the U.S. Department 
of Agriculture. I am convinced that his commitment to eradicating 
discrimination at USDA is genuine, but before we can solve the problem 
prospectively, we have to focus on the problem at hand, the nearly 800 
pending complaints.
  I initially intended to offer an amendment to the Agricultural 
appropriations bill that would give USDA the necessary authority and 
resources to eliminate any legal impediments and expedite the 
settlement of the nearly 800 pending discrimination complaints by 
farmers against the Department of Agriculture.
  After speaking to Secretary Glickman on Monday, the Secretary 
indicated that he intends to settle claims out of the Judgment Fund and 
that he does not view the identification of a funding source as an 
impediment to entering into appropriate settlements. Because he is 
persuaded that existing mechanisms can be used to provide appropriate 
remedies to those aggrieved, my original amendment, at this time, will 
not be necessary.
  The Secretary did alert me to two areas where he urgently needs 
additional funds, however. These two areas are directly related to 
resolving the current backlog of racial discrimination complaints by 
farmers, and my current amendment addresses this need.
  In 1983, the civil rights investigative unit at USDA was simply 
abolished.

[[Page S7991]]

 For 14 years, farmers were led to believe their cases were being 
investigated when in truth they were not. As a result, determinations 
were being made on some cases based on preliminary findings often 
compiled by the person accused of discrimination and the backlog of 
cases has grown to 798 complaints.
  Without investigation, virtually none of the complaints can now be 
settled. That's why the Secretary needs to reestablish the 
investigative unit to finally resolve the longstanding problem plaguing 
the Department of Agriculture. The Secretary's goal is to establish a 
34-person investigative unit to address the backlog by July 1998 and to 
ensure timely resolution of all future complaints, and my current 
amendment provides the Secretary with $2 million for that purpose.
  Mr. President, the process for resolving complaints has failed our 
Nation's farmers. Today, we have to give the Secretary the necessary 
resources so that he may back up his sympathetic words with action. We 
have to begin investigating these complaints so the farmers' cases, 
some over 7 years old, can finally be settled.
  Mr. President, the Secretary has also indicated that the funding 
level currently in the Agriculture appropriations bill for the Outreach 
for Socially Disadvantaged Farmers and Ranchers Program is 
insufficient. My new amendment provides USDA with an additional $1 
million to improve USDA outreach efforts. The Department acknowledges 
that poor outreach efforts are central to the USDA's failure to meet 
the needs of minority farmers. Increased funding, as well as improved 
targeting, will improve minority participation in USDA programs and 
will demonstrate the Department's commitment to serving their needs.
  Virginia farmers have told me the importance of this outreach effort 
and I agree, equal program access for all farmers is crucial.
  Before President Clinton can lead this country in a discussion about 
race relations, we must first confront the discrimination within our 
Federal Government. We must resolve the underlying civil rights 
problems at USDA to make the system work for both customers and 
employees. Congress can help those individuals at the U.S. Department 
of Agriculture actually interested in improving USDA's ability to serve 
agriculture and our Nation with the necessary resources to provide 
appropriate remedies for those aggrieved. For it is only after USDA 
makes amends for its past injustices that they can face the bigger 
challenge of eradicating discrimination at all levels within the 
Department of Agriculture.
  Mr. President, if reluctance to resolve these longstanding issues 
continues much longer, then the problem may well sadly resolve itself. 
Without immediate action we could lose all of our minority farmers and 
an important part of our heritage forever. I would certainly hope that 
no Member of Congress would want to see that happen.
  Mr. President, very briefly, I thank the chairman and the ranking 
member of the Agriculture Committee. A number of Members in 
agricultural States presented difficulties with the original proposed 
solution, none more important than the current Presiding Officer who 
apprised this Senator of concerns about one of the original offsets. We 
have now worked it out, where there is agreement on both sides. It is 
supported by the administration.
  Basically, this reestablishes the investigative unit for the 
Department of Agriculture.
  Mr. BYRD. Mr. President, may we have order?
  The PRESIDING OFFICER. The Senator from West Virginia is precisely 
correct.
  Mr. BYRD. Mr. President, may we have order in the Senate?
  The PRESIDING OFFICER. The Senator from Virginia is recognized.
  Mr. ROBB. Thank you, Mr. President. As I say, this amendment will 
reestablish the investigative unit for the Office of Civil Rights. It 
will provide the additional money necessary for the outreach for 
minority and socially disadvantaged farmers. This is precisely what the 
Secretary of Agriculture said is necessary to solve a vexing problem 
that has been with the department for decades. Literally it has been 
documented time and time again.
  I thank all Senators who worked on finding the appropriate offsets so 
we could provide the funding that the department has requested. I 
believe it has been cleared and approved on both sides.
  With that information, I urge adoption of the amendment at this time.
  The PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 977) was agreed to.
  Mr. COCHRAN. Mr. President, I move to reconsider the vote.
  Mr. ROBB. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                             PEANUT PROGRAM

  Mr. SHELBY. Mr. President, I rise today to express my continued 
support for the peanut program.
  Mr. President, just last year the Senate completed a comprehensive 
review of all federally sponsored farm programs. This review prompted 
extensive debate in this chamber--debate in which divergent positions 
were articulated and competing interests were expounded. Ultimately, 
after much hard work, consideration and compromise, the Senate produced 
the landmark 1996 farm bill.
  The farm bill sets Federal farm policy through the year 2002 and 
contains fundamental changes which have impacted every facet of Federal 
involvement in farm programs--from crop subsidies, conservation 
practices and rural subsidies to credit, research and trade policies. 
Included in this legislation were provisions that specifically covered 
the peanut program, provisions which made considerable changes to the 
program.
  This year, despite the significant work that went into putting the 
farm bill together, despite the fact that the farm bill reforms of the 
peanut program have only been on the books for little over a year and 
have only affected one crop, and despite the fact that thousands of 
farmers have made significant financial and farming commitments through 
the year 2002 in reliance upon the provisions of the farm bill, some 
Members have discussed undoing the work of the sponsors of the farm 
bill and dismantling the peanut program.
  Mr. President, I feel any attempt to change the peanut program is 
unnecessary, misguided, and would ultimately destroy American peanut 
farming and American peanut farmers.
  Mr. President, the peanut program helps support more than 16,000 
family farmers, many of whom live in some of the poorest, most 
agriculturally dependent areas in the United States. Mr. President, the 
peanut program provides American consumers with a steady and large 
supply of safe and cheap peanuts and peanut products.
  Mr. President, the peanut program works for American peanut farmers 
and American consumers. It has been significantly revised in recent 
years and these revisions will only serve to enhance the program if 
allowed to stand. We must allow farmers who have relied on the farm 
bill an opportunity to work within the new peanut program.
  Mr. BYRD. Mr. President, I congratulate Senator Cochran, the chairman 
of the Agriculture, Rural Development, Food and Drug Administration and 
Related Agencies Appropriations Subcommittee, and Senator Bumpers, the 
ranking member, for bringing to the Senate Floor the Fiscal Year 1998 
Appropriations Bill. This bill will provide funding for all activities 
of the Department of Agriculture, except those of the Forest Service, 
and the functions of the Food and Drug Administration, the Farm Credit 
Administration, and the Commodity Futures Trading Commission.
  This bill, as reported by the Appropriations Committee, provides 
$50.7 billion in total obligational authority for the coming year. That 
is nearly $1.1 billion more than the bill reported by the House 
Appropriations Committee, and $1.6 billion below the President's 
request. It is within the subcommittee's 602(b) allocation.
  This bill is $3.2 billion below last year's level, due largely to 
reductions in mandatory accounts. The subcommittee's discretionary 
allocation in budget authority was increased from $13.1 billion in 
fiscal year 1997 to $13.8 billion in this bill.

[[Page S7992]]

  This bill provides funding for programs vitally important to all 
Americans. These include agricultural research necessary to keep our 
farmers competitive in the global marketplace, conservation programs to 
protect the environment and productivity of the land, rural development 
programs to serve the millions of Americans who live outside our 
cities, and programs to promote U.S. agricultural products throughout 
the world. Funding in this bill for the Food Safety Inspection Service 
and the Food and Drug Administration ensures we will have safe food and 
blood supplies and that pharmaceuticals and medical devices will be 
safe and effective.
  I would like to specifically remark on the inclusion of funding for 
the second year of the Potomac Headwaters Land Treatment Watershed 
Project, a program to protect the Potomac River and its headwater 
feeder streams from a possible harmful accumulation of agricultural 
pollution. I am aware that some Members of Congress have expressed 
concern about the June 1, 1997, Washington Post article and an American 
Rivers' report that, in part, attributed pollution in the Potomac to 
West Virginia poultry production. These reports raised concerns but 
were one-sided in that they did not address the responsible actions 
already underway to mitigate possible problems that can be associated 
with poultry waste. Funding in this bill will continue the exemplary 
efforts by public officials and West Virginia small family farmers to 
balance economic interest with environmental goals by providing Federal 
money for technical assistance and loans to help family farmers design 
and institute the type of measures necessary to prevent pollution in 
rivers and streams. The program achieves benefits for a broad base of 
interests, extending from my beautiful state to the Chesapeake Bay, and 
is an example of government at its best. I thank the members of the 
committee for recognizing the widespread concerns held by the millions 
of people who draw their drinking water from the Potomac, and for 
taking action to alleviate these concerns.
  In all this is a very good bill, and I am happy to support its 
passage. Again, I congratulate Senator Cochran and Senator Bumpers for 
their hard work. I also commend the work of the subcommittee staff: 
Galen Fountain and Carole Geagley, for the minority, and Rebecca 
Davies, Martha Scott Poindexter, and Rachelle Graves, for the majority.
  Mr. GRAHAM. Mr. President, before we complete action on the 
Agriculture and Related Agencies appropriations bill, I wanted to 
compliment the chairman, Senator Cochran, and the ranking member, 
Senator Bumpers, for their very hard work and very able leadership.
  All the Members know of the many demands placed on the subcommittee 
to fund many worthwhile projects. We also know that the discretionary 
spending available to the Agriculture Subcommittee has been reduced 
substantially over the last several years. This very limited funding 
makes it difficult to fund all the many excellent proposals that have 
come to the subcommittee for consideration.
  Mr. President, while I understand the limitations of the subcommittee 
to fund all good projects, I would be less than frank if I did not 
mention my disappointment with a number of items that were left out of 
this bill. One of those projects not funded by this bill is an 
Extension Service training project to help bring behavioral and mental 
health services to rural areas.
  As the Members know, the Extension Service is a long and well 
established institution that exists across the country in almost every 
county in America. In the minds of most people, the Extension Service 
and the Extension agents are focused on agricultural and farm issues. 
While this impression is true the facts also reveal that the Extension 
Service is called on more and more to help meet family, health, and 
social service needs of our rural residents. The array of services 
offered by the Extension Service is established at the State level by 
State priorities. In my State, and I am sure in other States, as well, 
the Extension Service is doing a great job in meeting rural needs for a 
broad array of services.
  In Florida, for example, following Hurricane Andrew, our Extension 
agents were trained to provide threshold counseling services to rural 
residents who were under severe emotional stress following the storm. 
The agents were trained to identify problems, provide initial 
counseling and to refer severe cases to appropriate professionals. This 
training was provided by the University of Florida and the program 
received a USDA award. The University of Florida was recently invited 
to North Dakota to train Extension agents following the floods. Initial 
reports from the Director of the Extension Service in North Dakota is 
that the program ``exceeded expectations''.
  Mr. President, for a very small amount of money this bill could have 
created a small program or center to be a national resource for the 
Extension Service. This center would train the agents from the various 
States to be better able to provide the counseling services that they 
are more and more being called on to provide. The demand for these 
services is due in large part to the lack of service providers in rural 
areas.
  Mr. President, it is my hope and expectation that the Department will 
look at this proposal very carefully and reprogram some funds or 
include it in the Department's next budget request. It is a program 
that has been proven to work. It is a program that meets a very large 
need in our rural areas. In the process of this review I would also 
expect that the Department meet with the appropriate officials at the 
University of Florida who have a track record in this area.


                FOOD AND DRUG ADMINISTRATION PROVISIONS

  Mr. HATCH. Mr. President, there is growing awareness of the huge 
potential savings to consumers and taxpayers from the prompt approval 
of generic drugs, a fact which was one of the reasons that Congress 
passed the Drug Price Competition and Patent Term Restoration Act of 
1984. That statute created a legal structure that benefits both 
consumers and the generic industry while providing strong incentives 
for continued investment by the brand companies in research and 
development.
  Unfortunately, the success of the act has been limited by the 
inability of the Food and Drug Administration to comply with its 
statutory mandate to approve generic drug applications within 180 days. 
In fact, generic drug approvals now are taking an average of 
approximately 23 months, nearly four times the statutory requirement, 
and the number of personnel at the agency responsible for this mission 
has been significantly reduced. This latter fact is especially 
troubling since the personnel levels in several administrative areas 
have grown significantly.
  The Appropriations Committee has taken action to address this 
failure. Last year, the committee directed the FDA to expend sufficient 
resources to ensure compliance with its statutory mandates. This year, 
the committee has further directed the agency to provide the relevant 
congressional committees 90 days after the beginning of the fiscal year 
with a plan that explains how the agency will meet the statutory review 
time for generic drug applications.
  The House Appropriations Committee, apparently losing patience with 
the FDA, included an extra million dollars in the fiscal 1998 bill for 
the express purpose of increasing the speed of generic drug reviews. 
The committee report noted that health care costs have increased to 
extraordinary levels and that the timely approval of generic drugs 
could save billions of dollars. The committee also reports that FDA 
costs related to administrative functions were excessive, pointing out 
that expenditures for the Office of the Commissioner in fiscal year 
1997 far exceeded total expenditures for the offices of the Secretary 
and all the Under and Assistant Secretaries at the Department of 
Agriculture.
  It is my strong desire that the conference will give serious 
consideration to the House Committee's direction of funds for generic 
drug approvals. It is obvious that if the FDA complies with its 
statutory mandates, patients will be the winners, especially in terms 
of the tremendous savings that consumers could reap if generic 
competitors are sent to market more quickly. Mr. President, this 
seemingly small and perhaps even insignificant corner of the Federal 
budget has the potential to help every family in our country by 
reducing the cost that we all must pay

[[Page S7993]]

for life-saving pharmaceutical products, and I hope the conferees will 
give it serious weight.
  In closing, I want to commend you, Chairman Cochran, for the splendid 
job you have done in crafting this legislation, and pay particular 
commendation to Rebecca Davies of your staff, who is indeed such an 
asset to the committee.


                        Northeast Dairy Compact

  Mr. LEAHY. Mr. President, I want to again focus as I did yesterday on 
the study of the Northeast dairy compact that will be contained in the 
appropriations bill as it winds its way through conference with the 
House and then comes back to the Senate.
  Under the Senate proposal, the Director of OMB will do a study on 
dairy, retail store, wholesale, and processor pricing in New England.
  As I mentioned yesterday, many Senators are very concerned that when 
the price that farmers get for their milk drops that the retail price--
the consumer price--often does not drop. Study after study shows this 
result.
  Wholesale or retail stores appear to be simply making more profits at 
the expense of farmers. This is one of the issues OMB should examine.
  But it is very important that OMB not just give us numbers. It will 
not be helpful to Congress, and will be misleading, if OMB just says, 
for example, that the average price of milk in stores during the first 
6 months of the compact was a certain amount higher than some earlier 
amount.
  It will not assist decision makers at all if OMB then simply 
multiplies that difference by the number of gallons bought by persons 
on Food Stamps and concludes that the product of the multiplication is 
the ``harm'' to the food stamp program.
  It is important for OMB to put the information in context or they 
shouldn't even do the study. I do not want information that I cannot 
use in deciding on legislative options.
  To continue with the food stamp example, if the cuts in the welfare 
reform bill enacted last year are 10 times, or 20 times, or 30 times 
more--not 30 percent more, but 30 times more--than any impact of the 
compact then perhaps the best legislative solution is to reduce the 
welfare reform cuts by one-thirtieth rather than dealing with the 
compact since the compact has positive benefits.
  It will be extremely important, from a policy perspective, to make 
these types of comparisons. Also note, I do not think that any increase 
that shows up in retail stores is justifiable under the compact after 
such a huge decrease in farm prices. But, if OMB assumes some we should 
know if the national system of milk marketing orders, or if store 
profits, dwarfs the impact of the compact. This will help us with 
policy decisions.
  A 1991 study by GAO showed a huge variation in regional pricing of 
milk in retail stores. Just those variations may far exceed any impact 
of the compact. We need OMB to look at these issues.
  Without this more detailed analysis we will only be able to announce 
numbers on the Senate floor to support positions, but we will not be 
able to use the OMB study to come to good policy conclusions.
  In addition, the purchase of fluid milk represents only a small 
fraction of total food expenditures. One study showed that fluid milk 
represents 3 percent of total food expenditures of the typical family. 
If use of discount coupons for a variety of foods, or the purchase of 
store brands, or shopping at less expensive stores dwarf the impacts of 
the compact, that should also be analyzed.
  It makes a big difference if the impact of the compact is equivalent 
to one-fourth of 1 percent of a family's food purchasing power versus, 
let's say, 5 percent of the family's food purchasing power.
  I also want OMB to look at the drop in food purchasing power, 
adjusted for inflation, that will be caused by full implementation of 
the welfare reform bill for our lower income households. Food stamp 
families live below the poverty level and these comparisons will be 
helpful for possible legislative solutions.
  You should also look at whether some stores price dairy products to 
increase their profits when they already have a reasonable return on 
milk. Are the profit margins on dairy products higher, or lower, than 
for other items? Do the profit margins far exceed any potential impact 
of the compact? Or are they less?
  It will be interesting and very helpful to see how milk prices change 
during the entire duration of the compact. There are news reports that 
some retailers are taking unfair advantage of the compact. If this is 
accurate, these effects should be temporary as the normal competitive 
forces take over. It is important to note that economists who have 
analyzed the compact determined that over time it could lower consumer 
prices by stabilizing the price that stores pay for milk.
  Many reports show that stores build in an extra margin to protect 
against increases in milk costs since it is costly to routinely change 
prices. If no extra margins are required it is very likely that 
competitive forces would lead stores to reduce those extra margins.
  Researchers such as Henry Kinnucan, Olan Forker, Andrew Novakovic, 
Brandon Hansen, William Hahn and others have looked at how price 
volatility at the wholesale level can result in increases in consumer 
prices for milk higher than would have occurred had wholesale prices 
been stable. In the New England area I am told some stores sell gallons 
of milk for $1.99 and some sell them for $3.29--that is a large 
difference and none of the difference goes to farmers.
  OMB should look at that difference to help us with our policy 
decisions. That could, indeed, be a major contribution to better 
understanding the impact of the compact, or milk marketing orders, or 
retail store pricing--how can such a difference exist?
  It is my view that the compact over time can reduce that need for 
extra margins since stores will not have to build in that cushion to 
protect against feared higher prices. And many economic studies support 
that point. My view is that no increase should have occurred especially 
after the major drop in milk prices to farmers starting late last year. 
I want to touch on one more issue. The statutory language talks of the 
direct and indirect effects of the compact.
  I am a strong supporter of the compact and believe it has very 
positive indirect effects in addition to stabilizing the price of milk. 
The Secretary of Agriculture has also addressed these positive indirect 
effects.
  I have detailed these effects in correspondence to the Secretary of 
Agriculture and will provide these to OMB at a later date.
  I want to mention again a point I raised yesterday. The prices 
farmers get for their milk dropped substantially last November 
nationwide. They dropped quickly, and have stayed low for months.
  It amounted to a 35-cent to 40-cent drop on a per gallon basis. Yet 
retail stores did not lower their prices to consumers except by a few 
pennies. This pricing practice for milk is well documented in the 
research and in the press.
  Does this failure to drop prices by 35 cents, or even just 25 cents, 
a gallon have a major impact on consumers?
  Will it be more than any hypothetical impact on consumers of 
the compact? In many areas of the country there is now a $1.40/gallon 
difference between the raw milk price--which farmers get--and the 
retail price of milk. Is that justified?

  OMB should look at what that difference represents in terms of 
profits for transporters, stores, and wholesalers.
  The Wall Street Journal pointed out that the value of milk for 
farmers plunged by 22 percent since October 1996--but that no 
comparative decline occurred in the price of milk. Another point I made 
yesterday was that the Wall Street Journal and the New York Times have 
exposed retail store overcharging for milk. This should be examined.
  Farmers got one-fifth less for their milk, and someone, I presume, 
made a bundle. Some studies show that the dairy case is now the most 
profitable part of a supermarket. This should be carefully examined 
since most families consider milk a necessity.
  Also, the time period that OMB examines may completely determine 
their conclusions. Something this important should not be determined by 
the luck of the draw.

[[Page S7994]]

  In this regard, under the compact, farmers in New England are getting 
less for their milk than the average price they got for their milk last 
year.
  It will be important for OMB to look at all the factors which affect 
the price of fluid milk including farm prices, labor, transportation, 
milk marketing orders, retail profits, co-op returns, marketing 
strategies, feed costs, farm expenses, and wholesaler profits.
  I want to also quote from a letter that I sent to the Secretary 
regarding the compact relating to the indirect benefits of the compact.
  You should note that a lack of farm income resulting from low dairy 
prices is cited as the major reason dairy farmers leave farming in New 
England. Production costs in New England are much higher than in other 
areas of the Nation while the value of the land for nonfarm purposes is 
often greater than its value as farmland.
  This is very different as compared to vast areas of the Midwest and 
Upper Midwest where land is sometimes worth little except for its value 
as farmland. As the Vermont Economy Newsletter reported in July 1994:

       In the all important dairy industry, the decrease in farm 
     income has come from a continuation of the long term trends 
     the industry has been facing. Should these trends persist, 
     and there is every expectation they will, Vermont will 
     continue to see dairy farms disappearing from its landscape 
     during the 1990's.

  One of the consequences of the exit of dairy farmers in New England 
is that land is released from agriculture. Given the close proximity to 
population centers and recreational areas in New England, good land is 
in high demand, and as a result there is often a strong incentive to 
develop the land.
  What are the consequences of land being converted from farm to 
nonfarm uses?
  One consequence is that the rural heritage and aesthetic qualities of 
the working landscape are lost forever. The impact of this loss would 
be devastating to Vermont and to much of New England. The tourists from 
some of America's largest urban centers are drawn to rural New England 
because of its beauty, its farms and valleys, and picturesque roads.
  Strip malls and condominiums do not have the same appeal to 
vacationers.
  The Vermont Partnership for Economic Progress, noted in its 1993 
report, ``Plan for a Decade of Progress: Actions for Vermont's 
Economy,''

       There are many issues that will influence the [tourism] 
     industry's future in Vermont . . . including our state's 
     ability to preserve its landscape.

  The report went on to list among its primary goals: Maintain the 
existing amount of land in agriculture and related uses; and preserve 
the family farm as part of our economic base and as an integral factor 
in Vermont's quality of life. This is taken from ``A Plan for a Decade 
of Progress.''
  The priority of these goals show that preserving farmland and a 
viable agriculture industry are important for the overall economic 
health of the region from Maine, to rural parts of Connecticut, Rhode 
Island, and Massachusetts, to Vermont and New Hampshire.
  Other consequences of farm losses are equally destructive. The 
American Farmland Trust has completed cost of community services 
studies in four New England towns, one in Connecticut and three in 
Massachusetts.
  These studies show the cost of providing community services for 
farmland and developed land. It is true that developed land brings in 
more tax revenues than farmland, especially when farmland is assessed 
at its agricultural value, as it is in most New England States. 
Developed land, however, requires far more in the way of services than 
the tax revenues it returns to the treasuries of municipalities.
  For example, residential land in these four New England towns 
required $1.11 in services for every $1 in tax revenue generated while 
the farmland required only $0.34 of services for every $1 of revenue it 
generated. This demonstrates the major impact that losing dairy 
farmland has on rural New England.
  National Geographic recently detailed the risk of economic death by 
strip malling otherwise tourist-drawing farmland. New England should be 
allowed to try to reverse this trend--especially in ways that help 
neighboring States such as under the compact.
  The American Farmland Trust Study pointed out that agricultural land 
actually enhanced the value of surrounding lands in addition to 
sustaining important economic uses.
  Farming is a cost effective, private way to protect open space and 
the quality of life. It also supports a profusion of other interests, 
including: hunting, fishing, recreation, tourism, historic 
preservation, floodplain, and wetland protection. ``Does Farmland 
Protection Pay?'' is the name of that study.
  Keeping land in agriculture and protecting it from development is 
vitally important for all of New England which is one reason all six 
New England States have funded or authorized purchase of agricultural 
conservation easement programs to help protect farmland permanently. 
Unlike much of the Midwest, for example, once farms go out of business, 
the land is converted and is lost forever for agricultural purposes.
  Other economic uses, from condominiums and second homes for retired 
or professional people from New York, Boston, or Philadelphia to 
shopping malls to serve them, are waiting in the wings. The pressure to 
develop in New England is voracious.
  A 1993 report from the American Farmland Trust called ``Farming on 
the Edge'' showed that only 14 of the more than 67 counties in New 
England, were not significantly influenced by urban areas.
  In fact, eight New England counties were considered to be farming 
areas in the greatest danger of being lost to development because of 
their high productivity and close proximity to urban areas. The 
Champlain and Hudson River Valleys were considered to be among the top 
12 threatened agricultural areas in the entire country according to 
this study. ``Farming on the Edge'' is the name of that study.
  As we go to Conference I will further explore the goals and intent 
behind this language.
  The PRESIDING OFFICER. The Senator from Mississippi is recognized.
  Mr. COCHRAN. Mr. President, other amendments that were going to be 
offered will not be offered. The managers' package was adopted last 
night. The Senator from Arkansas is going to send an amendment to the 
desk on behalf of the Senator from New Mexico.


                           Amendment No. 978

(Purpose: Providing support to a Tribal College through appropriations 
for the Department of Agriculture for the fiscal year ending September 
                   30, 1998, and for other purposes)

  Mr. BUMPERS. Mr. President, I send an amendment to the desk on behalf 
of the managers.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Arkansas [Mr. Bumpers], for Mr. Bingaman, 
     for himself and Mr. Campbell, proposes an amendment numbered 
     978.

  Mr. COCHRAN. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 13, line 20, strike ``$13,619,000'' and insert 
     ``$13,469,000''.
       On page 14, line 22, strike ``$10,991,000'' and insert 
     ``$11,141,000''.

  Mr. BUMPERS. This amendment would reduce the amount recommended for 
pesticide clearance by $150,000 and increase the Cooperative State, 
Education, and Extension Service research and education Federal 
Administration appropriation to increase the amount recommended for the 
geographic information system by $150,000 to include New Mexico and 
Colorado in this program.
  Mr. COCHRAN. Mr. President, with the adoption of this amendment, it 
completes the managers' package. There are no other amendments in order 
to be offered. Indeed, we will have a vote on final passage after the 
adoption of this amendment.
  The PRESIDING OFFICER. Is there further debate on the amendment? If 
not, the question is on agreeing to the amendment.
  The amendment (No. 978) was agreed to.
  Mr. COCHRAN. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to.
  Mr. BUMPERS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

[[Page S7995]]

  Mr. COCHRAN. Mr. President, I ask for the yeas and nays on final 
passage.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill, as amended, pass? The yeas and nays have 
been ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from Massachusetts [Mr. 
Kennedy] is necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts [Mr. Kennedy] would vote ``aye.''
  The PRESIDING OFFICER (Mr. Burns). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 99, nays 0, as follows:

                      [Rollcall Vote No. 201 Leg.]

                                YEAS--99

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Cleland
     Coats
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Enzi
     Faircloth
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kempthorne
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                             NOT VOTING--1

       
     Kennedy
       
  The bill (S. 1033), as amended, was passed, as follows:

                                S. 1033

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies programs for the fiscal year ending September 30, 
     1998, and for other purposes; namely:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary


                     (including transfers of funds)

       For necessary expenses of the Office of the Secretary of 
     Agriculture, and not to exceed $75,000 for employment under 5 
     U.S.C. 3109, $2,836,000: Provided, That not to exceed $11,000 
     of this amount, along with any unobligated balances of 
     representation funds in the Foreign Agricultural Service, 
     shall be available for official reception and representation 
     expenses, not otherwise provided for, as determined by the 
     Secretary: Provided further, That none of the funds 
     appropriated or otherwise made available by this Act may be 
     used to pay the salaries and expenses of personnel of the 
     Department of Agriculture to carry out section 793(c)(1)(C) 
     of Public Law 104-127: Provided further, That none of the 
     funds made available by this Act may be used to enforce 
     section 793(d) of Public Law 104-127.

                          Executive Operations


                            chief economist

       For necessary expenses of the Chief Economist, including 
     economic analysis, risk assessment, cost-benefit analysis, 
     and the functions of the World Agricultural Outlook Board, as 
     authorized by the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1622g), and including employment pursuant to the 
     second sentence of section 706(a) of the Organic Act of 1944 
     (7 U.S.C. 2225), of which not to exceed $5,000 is for 
     employment under 5 U.S.C. 3109, $5,252,000.


                       national appeals division

       For necessary expenses of the National Appeals Division, 
     including employment pursuant to the second sentence of 
     section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of 
     which not to exceed $25,000 is for employment under 5 U.S.C. 
     3109, $12,360,000.

                 Office of Budget and Program Analysis

       For necessary expenses of the Office of Budget and Program 
     Analysis, including employment pursuant to the second 
     sentence of section 706(a) of the Organic Act of 1944 (7 
     U.S.C. 2225), of which not to exceed $5,000 is for employment 
     under 5 U.S.C. 3109, $5,986,000.

         Office of Small and Disadvantaged Business Utilization

       For necessary expenses of the Office of Small and 
     Disadvantaged Business Utilization, including employment 
     pursuant to the second sentence of section 706(a) of the 
     Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
     $5,000 is for employment under 5 U.S.C. 3109, $783,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, including employment pursuant to the 
     second sentence of section 706(a) of the Organic Act of 1944 
     (7 U.S.C. 2225), of which not to exceed $10,000 is for 
     employment under 5 U.S.C. 3109, $4,773,000.

                        Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, including employment pursuant to the second sentence 
     of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     of which not to exceed $10,000 is for employment under 5 
     U.S.C. 3109, $4,283,000: Provided, That the Chief Financial 
     Officer shall actively market cross-servicing activities of 
     the National Finance Center.

          Office of the Assistant Secretary for Administration

       For necessary salaries and expenses of the Office of the 
     Assistant Secretary for Administration to carry out the 
     programs funded in this Act, $613,000.

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)

       For payment of space rental and related costs pursuant to 
     Public Law 92-313, including authorities pursuant to the 1984 
     delegation of authority from the Administrator of General 
     Services to the Department of Agriculture under 40 U.S.C. 
     486, for programs and activities of the Department which are 
     included in this Act, and for the operation, maintenance, 
     modification, and repair of buildings and facilities as 
     necessary to carry out the programs of the Department, where 
     not otherwise provided, $123,385,000: Provided, That in the 
     event an agency within the Department should require 
     modification of space needs, the Secretary of Agriculture may 
     transfer a share of that agency's appropriation made 
     available by this Act to this appropriation, or may transfer 
     a share of this appropriation to that agency's appropriation, 
     but such transfers shall not exceed 5 percent of the funds 
     made available for space rental and related costs to or from 
     this account. In addition, for construction, repair, 
     improvement, extension, alteration, and purchase of fixed 
     equipment or facilities as necessary to carry out the 
     programs of the Department, where not otherwise provided, 
     $5,000,000, to remain available until expended; and in 
     addition, for necessary relocation expenses of the 
     Department's agencies, $2,700,000, to remain available until 
     expended; making a total appropriation of $131,085,000.

                       Hazardous Waste Management


                     (including transfers of funds)

       For necessary expenses of the Department of Agriculture, to 
     comply with the requirement of section 107(g) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act, as amended, 42 U.S.C. 9607(g), and section 
     6001 of the Resource Conservation and Recovery Act, as 
     amended, 42 U.S.C. 6961, $15,700,000, to remain available 
     until expended: Provided, That appropriations and funds 
     available herein to the Department for Hazardous Waste 
     Management may be transferred to any agency of the Department 
     for its use in meeting all requirements pursuant to the above 
     Acts on Federal and non-Federal lands.

                      Departmental Administration


                     (including transfers of funds)

       For Departmental Administration, $26,948,000, to provide 
     for necessary expenses for management support services to 
     offices of the Department and for general administration and 
     disaster management of the Department, repairs and 
     alterations, and other miscellaneous supplies and expenses 
     not otherwise provided for and necessary for the practical 
     and efficient work of the Department, including employment 
     pursuant to the second sentence of section 706(a) of the 
     Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
     $10,000 is for employment under 5 U.S.C. 3109: Provided, That 
     this appropriation shall be reimbursed from applicable 
     appropriations in this Act for travel expenses incident to 
     the holding of hearings as required by 5 U.S.C. 551-558: 
     Provided further, That of the total amount appropriated, not 
     less than $13,774,000 shall be made available for civil 
     rights enforcement, of which up to $3,000,000 shall be 
     provided to establish an investigative unit within the Office 
     of Civil Rights.

     Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)

       For necessary salaries and expenses of the Office of the 
     Assistant Secretary for Congressional Relations to carry out 
     the programs funded in this Act, including programs involving 
     intergovernmental affairs

[[Page S7996]]

     and liaison within the executive branch, $3,668,000: 
     Provided, That no other funds appropriated to the Department 
     in this Act shall be available to the Department for support 
     of activities of congressional relations: Provided further, 
     That not less than $2,241,000 shall be transferred to 
     agencies funded in this Act to maintain personnel at the 
     agency level.

                        Office of Communications

       For necessary expenses to carry on services relating to the 
     coordination of programs involving public affairs, for the 
     dissemination of agricultural information, and the 
     coordination of information, work, and programs authorized by 
     Congress in the Department, $8,138,000, including employment 
     pursuant to the second sentence of section 706(a) of the 
     Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
     $10,000 shall be available for employment under 5 U.S.C. 
     3109, and not to exceed $2,000,000 may be used for farmers' 
     bulletins.

                    Office of the Inspector General


                     (including transfers of funds)

       For necessary expenses of the Office of the Inspector 
     General, including employment pursuant to the second sentence 
     of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     and the Inspector General Act of 1978, as amended, 
     $63,728,000, including such sums as may be necessary for 
     contracting and other arrangements with public agencies and 
     private persons pursuant to section 6(a)(9) of the Inspector 
     General Act of 1978, as amended, including a sum not to 
     exceed $50,000 for employment under 5 U.S.C. 3109; and 
     including a sum not to exceed $125,000, for certain 
     confidential operational expenses including the payment of 
     informants, to be expended under the direction of the 
     Inspector General pursuant to Public Law 95-452 and section 
     1337 of Public Law 97-98: Provided, That funds transferred to 
     the Office of the Inspector General through forfeiture 
     proceedings or from the Department of Justice Assets 
     Forfeiture Fund or the Department of the Treasury Forfeiture 
     Fund, as a participating agency, as an equitable share from 
     the forfeiture of property in investigations in which the 
     Office of the Inspector General participates, or through the 
     granting of a Petition for Remission or Mitigation, shall be 
     deposited to the credit of this account for law enforcement 
     activities authorized under the Inspector General Act of 
     1978, as amended, to remain available until expended.

                     Office of the General Counsel

       For necessary expenses of the Office of the General 
     Counsel, $29,098,000.

  Office of the Under Secretary for Research, Education and Economics

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Research, Education and Economics to 
     administer the laws enacted by the Congress for the Economic 
     Research Service, the National Agricultural Statistics 
     Service, the Agricultural Research Service, and the 
     Cooperative State Research, Education, and Extension Service, 
     $540,000.

                       Economic Research Service

       For necessary expenses of the Economic Research Service in 
     conducting economic research and analysis, as authorized by 
     the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) 
     and other laws, $53,109,000: Provided, That this 
     appropriation shall be available for employment pursuant to 
     the second sentence of section 706(a) of the Organic Act of 
     1944 (7 U.S.C. 2225).

                National Agricultural Statistics Service

       For necessary expenses of the National Agricultural 
     Statistics Service in conducting statistical reporting and 
     service work, including crop and livestock estimates, 
     statistical coordination and improvements, marketing surveys, 
     and the Census of Agriculture notwithstanding 13 U.S.C. 
     142(a-b), as authorized by the Agricultural Marketing Act of 
     1946 (7 U.S.C. 1621-1627) and other laws, $118,048,000, of 
     which up to $36,327,000 shall be available until expended for 
     the Census of Agriculture: Provided, That this appropriation 
     shall be available for employment pursuant to the second 
     sentence of section 706(a) of the Organic Act of 1944 (7 
     U.S.C. 2225), and not to exceed $40,000 shall be available 
     for employment under 5 U.S.C. 3109.

                     Agricultural Research Service


                     (including transfers of funds)

       For necessary expenses to enable the Agricultural Research 
     Service to perform agricultural research and demonstration 
     relating to production, utilization, marketing, and 
     distribution (not otherwise provided for); home economics or 
     nutrition and consumer use including the acquisition, 
     preservation, and dissemination of agricultural information; 
     and for acquisition of lands by donation, exchange, or 
     purchase at a nominal cost not to exceed $100, $738,000,000: 
     Provided, That appropriations hereunder shall be available 
     for temporary employment pursuant to the second sentence of 
     section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     and not to exceed $115,000 shall be available for employment 
     under 5 U.S.C. 3109: Provided further, That appropriations 
     hereunder shall be available for the operation and 
     maintenance of aircraft and the purchase of not to exceed one 
     for replacement only: Provided further, That appropriations 
     hereunder shall be available pursuant to 7 U.S.C. 2250 for 
     the construction, alteration, and repair of buildings and 
     improvements, but unless otherwise provided the cost of 
     constructing any one building shall not exceed $250,000, 
     except for headhouses or greenhouses which shall each be 
     limited to $1,000,000, and except for ten buildings to be 
     constructed or improved at a cost not to exceed $500,000 
     each, and the cost of altering any one building during the 
     fiscal year shall not exceed 10 percent of the current 
     replacement value of the building or $250,000, whichever is 
     greater: Provided further, That the limitations on 
     alterations contained in this Act shall not apply to 
     modernization or replacement of existing facilities at 
     Beltsville, Maryland: Provided further, That the foregoing 
     limitations shall not apply to replacement of buildings 
     needed to carry out the Act of April 24, 1948 (21 U.S.C. 
     113a): Provided further, That funds may be received from any 
     State, other political subdivision, organization, or 
     individual for the purpose of establishing or operating any 
     research facility or research project of the Agricultural 
     Research Service, as authorized by law.
       None of the funds in the foregoing paragraph shall be 
     available to carry out research related to the production, 
     processing or marketing of tobacco or tobacco products.

                        buildings and facilities

       For acquisition of land, construction, repair, improvement, 
     extension, alteration, and purchase of fixed equipment or 
     facilities as necessary to carry out the agricultural 
     research programs of the Department of Agriculture, where not 
     otherwise provided, $69,100,000, to remain available until 
     expended (7 U.S.C. 2209b): Provided, That funds may be 
     received from any State, other political subdivision, 
     organization, or individual for the purpose of establishing 
     any research facility of the Agricultural Research Service, 
     as authorized by law.

      Cooperative State Research, Education, and Extension Service

                   research and education activities

       For payments to agricultural experiment stations, for 
     cooperative forestry and other research, for facilities, and 
     for other expenses, including $168,734,000 to carry into 
     effect the provisions of the Hatch Act (7 U.S.C. 361a-361i); 
     $20,497,000 for grants for cooperative forestry research (16 
     U.S.C. 582a-582a7); $27,735,000 for payments to the 1890 
     land-grant colleges, including Tuskegee University (7 U.S.C. 
     3222); $47,525,000 for special grants for agricultural 
     research (7 U.S.C. 450i(c)); $13,469,000 for special grants 
     for agricultural research on improved pest control (7 U.S.C. 
     450i(c)); $100,000,000 for competitive research grants (7 
     U.S.C. 450i(b)); $4,775,000 for the support of animal health 
     and disease programs (7 U.S.C. 3195); $550,000 for 
     supplemental and alternative crops and products (7 U.S.C. 
     3319d); $600,000 for grants for research pursuant to the 
     Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) 
     and section 1472 of the Food and Agriculture Act of 1977, as 
     amended (7 U.S.C. 3318), to remain available until expended; 
     $3,000,000 for higher education graduate fellowships grants 
     (7 U.S.C. 3152(b)(6)), to remain available until expended (7 
     U.S.C. 2209b); $4,350,000 for higher education challenge 
     grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a higher 
     education minority scholars program (7 U.S.C. 3152(b)(5)), to 
     remain available until expended (7 U.S.C. 2209b); $1,500,000 
     for an education grants program for Hispanic-serving 
     Institutions (7 U.S.C. 3241); $4,000,000 for aquaculture 
     grants (7 U.S.C. 3322); $8,000,000 for sustainable 
     agriculture research and education (7 U.S.C. 5811); 
     $9,200,000 for a program of capacity building grants (7 
     U.S.C. 3152(b)(4)) to colleges eligible to receive funds 
     under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), 
     including Tuskegee University, to remain available until 
     expended (7 U.S.C. 2209b); $1,450,000 for payments to the 
     1994 Institutions pursuant to section 534(a)(1) of Public Law 
     103-382; and $11,141,000 for necessary expenses of Research 
     and Education Activities, of which not to exceed $100,000 
     shall be for employment under 5 U.S.C. 3109; in all, 
     $427,526,000.
       None of the funds in the foregoing paragraph shall be 
     available to carry out research related to the production, 
     processing or marketing of tobacco or tobacco products.

              Native American Institutions Endowment Fund

       For establishment of a Native American institutions 
     endowment fund, as authorized by Public Law 103-382 (7 U.S.C. 
     301 note), $4,600,000.

                          Extension Activities

       Payments to States, the District of Columbia, Puerto Rico, 
     Guam, the Virgin Islands, Micronesia, Northern Marianas, and 
     American Samoa: For payments for cooperative extension work 
     under the Smith-Lever Act, as amended, to be distributed 
     under sections 3(b) and 3(c) of said Act, and under section 
     208(c) of Public Law 93-471, for retirement and employees' 
     compensation costs for extension agents and for costs of 
     penalty mail for cooperative extension agents and State 
     extension directors, $268,493,000; $2,000,000 for extension 
     work at the 1994 Institutions under the Smith-Lever Act (7 
     U.S.C. 343(b)(3)); payments for the nutrition and family 
     education program for low-income areas under section 3(d) of 
     the Act, $58,695,000; payments for the pest management 
     program under section 3(d) of the Act, $10,783,000; payments 
     for the farm safety program under section 3(d) of the Act, 
     $2,855,000; payments for the pesticide impact assessment 
     program under section 3(d) of the Act, $3,214,000; payments 
     to upgrade 1890

[[Page S7997]]

     land-grant college research, extension, and teaching 
     facilities as authorized by section 1447 of Public Law 95-
     113, as amended (7 U.S.C. 3222b), $7,549,000, to remain 
     available until expended; payments for the rural development 
     centers under section 3(d) of the Act, $908,000; payments for 
     a groundwater quality program under section 3(d) of the Act, 
     $9,061,000; payments for the agricultural telecommunications 
     program, as authorized by Public Law 101-624 (7 U.S.C. 5926), 
     $1,167,000; payments for youth-at-risk programs under section 
     3(d) of the Act, $9,554,000; payments for a food safety 
     program under section 3(d) of the Act, $2,365,000; payments 
     for carrying out the provisions of the Renewable Resources 
     Extension Act of 1978, $3,192,000; payments for Indian 
     reservation agents under section 3(d) of the Act, $1,672,000; 
     payments for sustainable agriculture programs under section 
     3(d) of the Act, $3,309,000; payments for rural health and 
     safety education as authorized by section 2390 of Public Law 
     101-624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments for 
     cooperative extension work by the colleges receiving the 
     benefits of the second Morrill Act (7 U.S.C. 321-326, 328) 
     and Tuskegee University, $25,090,000; and for Federal 
     administration and coordination including administration of 
     the Smith-Lever Act, as amended, and the Act of September 29, 
     1977 (7 U.S.C. 341-349), as amended, and section 1361(c) of 
     the Act of October 3, 1980 (7 U.S.C. 301 note), and to 
     coordinate and provide program leadership for the extension 
     work of the Department and the several States and insular 
     possessions, $10,787,000; in all, $423,322,000: Provided, 
     That funds hereby appropriated pursuant to section 3(c) of 
     the Act of June 26, 1953, and section 506 of the Act of June 
     23, 1972, as amended, shall not be paid to any State, the 
     District of Columbia, Puerto Rico, Guam, or the Virgin 
     Islands, Micronesia, Northern Marianas, and American Samoa 
     prior to availability of an equal sum from non-Federal 
     sources for expenditure during the current fiscal year.

Office of the Assistant Secretary for Marketing and Regulatory Programs

       For necessary salaries and expenses of the Office of the 
     Assistant Secretary for Marketing and Regulatory Programs to 
     administer programs under the laws enacted by the Congress 
     for the Animal and Plant Health Inspection Service, 
     Agricultural Marketing Service, and the Grain Inspection, 
     Packers and Stockyards Administration, $618,000.

               Animal and Plant Health Inspection Service

                         salaries and expenses


                     (including transfers of funds)

       For expenses, not otherwise provided for, including those 
     pursuant to the Act of February 28, 1947, as amended (21 
     U.S.C. 114b-c), necessary to prevent, control, and eradicate 
     pests and plant and animal diseases; to carry out inspection, 
     quarantine, and regulatory activities; to discharge the 
     authorities of the Secretary of Agriculture under the Act of 
     March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to 
     protect the environment, as authorized by law, $437,183,000, 
     of which $4,500,000 shall be available for the control of 
     outbreaks of insects, plant diseases, animal diseases and for 
     control of pest animals and birds to the extent necessary to 
     meet emergency conditions: Provided, That no funds shall be 
     used to formulate or administer a brucellosis eradication 
     program for the current fiscal year that does not require 
     minimum matching by the States of at least 40 percent: 
     Provided further, That this appropriation shall be available 
     for field employment pursuant to the second sentence of 
     section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     and not to exceed $40,000 shall be available for employment 
     under 5 U.S.C. 3109: Provided further, That this 
     appropriation shall be available for the operation and 
     maintenance of aircraft and the purchase of not to exceed 
     four, of which two shall be for replacement only: Provided 
     further, That, in addition, in emergencies which threaten any 
     segment of the agricultural production industry of this 
     country, the Secretary may transfer from other appropriations 
     or funds available to the agencies or corporations of the 
     Department such sums as he may deem necessary, to be 
     available only in such emergencies for the arrest and 
     eradication of contagious or infectious disease or pests of 
     animals, poultry, or plants, and for expenses in accordance 
     with the Act of February 28, 1947, as amended, and section 
     102 of the Act of September 21, 1944, as amended, and any 
     unexpended balances of funds transferred for such emergency 
     purposes in the next preceding fiscal year shall be merged 
     with such transferred amounts: Provided further, That 
     appropriations hereunder shall be available pursuant to law 
     (7 U.S.C. 2250) for the repair and alteration of leased 
     buildings and improvements, but unless otherwise provided the 
     cost of altering any one building during the fiscal year 
     shall not exceed 10 percent of the current replacement value 
     of the building.
       In fiscal year 1998 the agency is authorized to collect 
     fees to cover the total costs of providing technical 
     assistance, goods, or services requested by States, other 
     political subdivisions, domestic and international 
     organizations, foreign governments, or individuals, provided 
     that such fees are structured such that any entity's 
     liability for such fees is reasonably based on the technical 
     assistance, goods, or services provided to the entity by the 
     agency, and such fees shall be credited to this account, to 
     remain available until expended, without further 
     appropriation, for providing such assistance, goods, or 
     services.
       Of the total amount available under this heading in fiscal 
     year 1998, $100,000,000 shall be derived from user fees 
     deposited in the Agricultural Quarantine Inspection User Fee 
     Account.

                        Buildings and Facilities

       For plans, construction, repair, preventive maintenance, 
     environmental support, improvement, extension, alteration, 
     and purchase of fixed equipment or facilities, as authorized 
     by 7 U.S.C. 2250, and acquisition of land as authorized by 7 
     U.S.C. 428a, $4,200,000, to remain available until expended.

                     Agricultural Marketing Service

                           marketing services

       For necessary expenses to carry on services related to 
     consumer protection, agricultural marketing and distribution, 
     transportation, and regulatory programs, as authorized by 
     law, and for administration and coordination of payments to 
     States; including field employment pursuant to section 706(a) 
     of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $90,000 for employment under 5 U.S.C. 3109, $49,627,000, 
     including funds for the wholesale market development program 
     for the design and development of wholesale and farmer market 
     facilities for the major metropolitan areas of the country: 
     Provided, That this appropriation shall be available pursuant 
     to law (7 U.S.C. 2250) for the alteration and repair of 
     buildings and improvements, but the cost of altering any one 
     building during the fiscal year shall not exceed 10 percent 
     of the current replacement value of the building.
       Fees may be collected for the cost of standardization 
     activities, as established by regulation pursuant to law (31 
     U.S.C. 9701).


                 limitation on administrative expenses

       Not to exceed $59,521,000 (from fees collected) shall be 
     obligated during the current fiscal year for administrative 
     expenses: Provided, That if crop size is understated and/or 
     other uncontrollable events occur, the agency may exceed this 
     limitation by up to 10 percent with notification to the 
     Appropriations Committees.


    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

       Funds available under section 32 of the Act of August 24, 
     1935 (7 U.S.C. 612c) shall be used only for commodity program 
     expenses as authorized therein, and other related operating 
     expenses, except for: (1) transfers to the Department of 
     Commerce as authorized by the Fish and Wildlife Act of August 
     8, 1956; (2) transfers otherwise provided in this Act; and 
     (3) not more than $10,690,000 for formulation and 
     administration of marketing agreements and orders pursuant to 
     the Agricultural Marketing Agreement Act of 1937, as amended, 
     and the Agricultural Act of 1961.

                   payments to states and possessions

       For payments to departments of agriculture, bureaus and 
     departments of markets, and similar agencies for marketing 
     activities under section 204(b) of the Agricultural Marketing 
     Act of 1946 (7 U.S.C. 1623(b)), $1,200,000.

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     United States Grain Standards Act, as amended, for the 
     administration of the Packers and Stockyards Act, for 
     certifying procedures used to protect purchasers of farm 
     products, and the standardization activities related to grain 
     under the Agricultural Marketing Act of 1946, as amended, 
     including field employment pursuant to section 706(a) of the 
     Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $25,000 for employment under 5 U.S.C. 3109, $23,583,000: 
     Provided, That this appropriation shall be available pursuant 
     to law (7 U.S.C. 2250) for the alteration and repair of 
     buildings and improvements, but the cost of altering any one 
     building during the fiscal year shall not exceed 10 percent 
     of the current replacement value of the building.

                    inspection and weighing services


         limitation on inspection and weighing service expenses

       Not to exceed $43,092,000 (from fees collected) shall be 
     obligated during the current fiscal year for inspection and 
     weighing services: Provided, That if grain export activities 
     require additional supervision and oversight, or other 
     uncontrollable factors occur, this limitation may be exceeded 
     by up to 10 percent with notification to the Appropriations 
     Committees.


             Office of the Under Secretary for Food Safety

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Food Safety to administer the laws 
     enacted by the Congress for the Food Safety and Inspection 
     Service, $446,000.

                   Food Safety and Inspection Service

       For necessary expenses to carry on services authorized by 
     the Federal Meat Inspection Act, as amended, the Poultry 
     Products Inspection Act, as amended, and the Egg Products 
     Inspection Act, as amended, $590,614,000, and in addition, 
     $1,000,000 may be credited to this account from fees 
     collected for the cost of laboratory accreditation as 
     authorized by section 1017 of Public Law 102-237: Provided, 
     That this appropriation shall not be available for shell egg 
     surveillance

[[Page S7998]]

     under section 5(d) of the Egg Products Inspection Act (21 
     U.S.C. 1034(d)): Provided further, That this appropriation 
     shall be available for field employment pursuant to section 
     706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
     exceed $75,000 shall be available for employment under 5 
     U.S.C. 3109: Provided further, That this appropriation shall 
     be available pursuant to law (7 U.S.C. 2250) for the 
     alteration and repair of buildings and improvements, but the 
     cost of altering any one building during the fiscal year 
     shall not exceed 10 percent of the current replacement value 
     of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Farm and Foreign Agricultural Services to 
     administer the laws enacted by Congress for the Farm Service 
     Agency, Foreign Agricultural Service, the Office of Risk 
     Management, and the Commodity Credit Corporation, $572,000.

                          Farm Service Agency

                         salaries and expenses

       For necessary expenses for carrying out the administration 
     and implementation of programs administered by the Farm 
     Service Agency, $700,659,000: Provided, That the Secretary is 
     authorized to use the services, facilities, and authorities 
     (but not the funds) of the Commodity Credit Corporation to 
     make program payments for all programs administered by the 
     Agency: Provided further, That other funds made available to 
     the Agency for authorized activities may be advanced to and 
     merged with this account: Provided further, That these funds 
     shall be available for employment pursuant to the second 
     sentence of section 706(a) of the Organic Act of 1944 (7 
     U.S.C. 2225), and not to exceed $1,000,000 shall be available 
     for employment under 5 U.S.C. 3109.

                         state mediation grants

       For grants pursuant to section 502(b) of the Agricultural 
     Credit Act of 1987, as amended (7 U.S.C. 5101-5106), 
     $2,000,000.


                        dairy indemnity program

                     (including transfers of funds)

       For necessary expenses involved in making indemnity 
     payments to dairy farmers for milk or cows producing such 
     milk and manufacturers of dairy products who have been 
     directed to remove their milk or dairy products from 
     commercial markets because it contained residues of chemicals 
     registered and approved for use by the Federal Government, 
     and in making indemnity payments for milk, or cows producing 
     such milk, at a fair market value to any dairy farmer who is 
     directed to remove his milk from commercial markets because 
     of (1) the presence of products of nuclear radiation or 
     fallout if such contamination is not due to the fault of the 
     farmer, or (2) residues of chemicals or toxic substances not 
     included under the first sentence of the Act of August 13, 
     1968, as amended (7 U.S.C. 450j), if such chemicals or toxic 
     substances were not used in a manner contrary to applicable 
     regulations or labeling instructions provided at the time of 
     use and the contamination is not due to the fault of the 
     farmer, $550,000, to remain available until expended (7 
     U.S.C. 2209b): Provided, That none of the funds contained in 
     this Act shall be used to make indemnity payments to any 
     farmer whose milk was removed from commercial markets as a 
     result of his willful failure to follow procedures prescribed 
     by the Federal Government: Provided further, That this amount 
     shall be transferred to the Commodity Credit Corporation: 
     Provided further, That the Secretary is authorized to utilize 
     the services, facilities, and authorities of the Commodity 
     Credit Corporation for the purpose of making dairy indemnity 
     disbursements.


           agricultural credit insurance fund program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to 
     be available from funds in the Agricultural Credit Insurance 
     Fund, as follows: farm ownership loans, $460,000,000 of which 
     $400,000,000 shall be for guaranteed loans; operating loans, 
     $2,395,000,000, of which $1,700,000,000 shall be for 
     unsubsidized guaranteed loans and $200,000,000 shall be for 
     subsidized guaranteed loans; Indian tribe land acquisition 
     loans as authorized by 25 U.S.C. 488, $1,000,000; for 
     emergency insured loans, $25,000,000 to meet the needs 
     resulting from natural disasters; for boll weevil eradication 
     program loans as authorized by 7 U.S.C. 1989, $34,653,000; 
     and for credit sales of acquired property, $25,000,000.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: farm ownership 
     loans, $21,380,000, of which $15,440,000 shall be for 
     guaranteed loans; operating loans, $71,394,500, of which 
     $19,890,000 shall be for unsubsidized guaranteed loans and 
     $19,280,000 shall be for subsidized guaranteed loans; Indian 
     tribe land acquisition loans as authorized by 25 U.S.C. 488, 
     $132,000; for emergency insured loans, $6,008,000 to meet the 
     needs resulting from natural disasters; for boll weevil 
     eradication program loans as authorized by 7 U.S.C. 1989, 
     $249,500; and for credit sales of acquired property, 
     $3,255,000.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $219,861,000, of 
     which $209,861,000 shall be transferred to and merged with 
     the ``Farm Service Agency, Salaries and Expenses'' account.

                         Risk Management Agency

                 Administrative and Operating Expenses

       For administrative and operating expenses, as authorized by 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 6933), $64,000,000: Provided, That not to exceed $700 
     shall be available for official reception and representation 
     expenses, as authorized by 7 U.S.C. 1506(i): Provided 
     further, That, of the amount made available under this 
     sentence, $4,000,000 shall be available for obligation only 
     after the Administrator of the Risk Management Agency issues 
     and begins to implement the plan to reduce administrative and 
     operating costs of approved insurance providers required 
     under section 508(k)(7) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(k)(7)). In addition, for sales commissions of 
     agents, as authorized by section 516 (7 U.S.C. 1516), 
     $202,571,000.

                              CORPORATIONS

       The following corporations and agencies are hereby 
     authorized to make expenditures, within the limits of funds 
     and borrowing authority available to each such corporation or 
     agency and in accord with law, and to make contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the budget for the current fiscal year 
     for such corporation or agency, except as hereinafter 
     provided.


                federal crop insurance corporation fund

       For payments, as authorized subsections (a)(2), (b)(2), and 
     (c) of section 516 of the Federal Crop Insurance Act, as 
     amended, such sums as may be necessary to remain available 
     until expended (7 U.S.C. 2209b).

                   Commodity Credit Corporation Fund


                 reimbursement for net realized losses

       For fiscal year 1998, such sums as may be necessary to 
     reimburse the Commodity Credit Corporation for net realized 
     losses sustained, but not previously reimbursed (estimated to 
     be $783,507,000 in the President's fiscal year 1998 Budget 
     Request (H. Doc. 105-3)), but not to exceed $783,507,000, 
     pursuant to section 2 of the Act of August 17, 1961, as 
     amended (15 U.S.C. 713a-11).


       operations and maintenance for hazardous waste management

       For fiscal year 1998, the Commodity Credit Corporation 
     shall not expend more than $5,000,000 for expenses to comply 
     with the requirement of section 107(g) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act, as 
     amended, 42 U.S.C. 9607(g), and section 6001 of the Resource 
     Conservation and Recovery Act, as amended, 42 U.S.C. 6961: 
     Provided, That expenses shall be for operations and 
     maintenance costs only and that other hazardous waste 
     management costs shall be paid for by the USDA Hazardous 
     Waste Management appropriation in this Act.

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Natural Resources and Environment to 
     administer the laws enacted by the Congress for the Forest 
     Service and the Natural Resources Conservation Service, 
     $693,000.

                 Natural Resources Conservation Service

                        conservation operations

       For necessary expenses for carrying out the provisions of 
     the Act of April 27, 1935 (16 U.S.C. 590a-590f) including 
     preparation of conservation plans and establishment of 
     measures to conserve soil and water (including farm 
     irrigation and land drainage and such special measures for 
     soil and water management as may be necessary to prevent 
     floods and the siltation of reservoirs and to control 
     agricultural related pollutants); administration of research, 
     investigation, and surveys of watersheds of rivers and other 
     waterways, for small watershed investigations and planning, 
     and for technical assistance to carry out preventive 
     measures, in accordance with the Watershed Protection and 
     Flood Prevention Act (16 U.S.C.1001-1009), and the Flood 
     Control Act (33 U.S.C. 701); operation of conservation plant 
     materials centers; classification and mapping of soil; 
     dissemination of information; acquisition of lands, water, 
     and interests therein, for use in the plant materials program 
     by donation, exchange, or purchase at a nominal cost not to 
     exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
     428a); purchase and erection or alteration or improvement of 
     permanent and temporary buildings; and operation and 
     maintenance of aircraft, $729,880,000, to remain available 
     until expended (7 U.S.C. 2209b), of which not less than 
     $5,835,000 is for snow survey and water forecasting and not 
     less than $8,825,000 is for operation and establishment of 
     the plant materials centers: Provided, That appropriations 
     hereunder shall be available pursuant to 7 U.S.C. 2250 for 
     construction and improvement of buildings and public 
     improvements at plant materials centers, except that the cost 
     of alterations and improvements to other buildings and other 
     public improvements shall not exceed $250,000: Provided 
     further, That when buildings or other structures are erected 
     on non-Federal land, that the right to use such land is 
     obtained as provided in 7 U.S.C. 2250a: Provided further, 
     That this appropriation shall

[[Page S7999]]

     be available for technical assistance and related expenses to 
     carry out programs authorized by section 202(c) of title II 
     of the Colorado River Basin Salinity Control Act of 1974, as 
     amended (43 U.S.C. 1592(c)): Provided further, That no part 
     of this appropriation may be expended for soil and water 
     conservation operations under the Act of April 27, 1935 (16 
     U.S.C. 590a-590f) in demonstration projects: Provided 
     further, That this appropriation shall be available for 
     employment pursuant to the second sentence of section 706(a) 
     of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed 
     $25,000 shall be available for employment under 5 U.S.C. 
     3109: Provided further, That qualified local engineers may be 
     temporarily employed at per diem rates to perform the 
     technical planning work of the Service (16 U.S.C. 590e-2): 
     Provided further, That not less than $80,138,000 shall be 
     available to provide technical assistance for water resources 
     assistance (Public Law-534 and Public Law-566).

               watershed and flood prevention operations

       For necessary expenses to carry out preventive measures, 
     including but not limited to research, engineering 
     operations, methods of cultivation, the growing of 
     vegetation, rehabilitation of existing works and changes in 
     use of land, in accordance with the Watershed Protection and 
     Flood Prevention Act approved August 4, 1954, as amended (16 
     U.S.C. 1001-1005, 1007-1009), the provisions of the Act of 
     April 27, 1935 (16 U.S.C. 590a-f), and in accordance with the 
     provisions of laws relating to the activities of the 
     Department, $40,000,000, to remain available until expended 
     (7 U.S.C. 2209b) (of which up to $15,000,000 may be available 
     for the watersheds authorized under the Flood Control Act 
     approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as 
     amended and supplemented: Provided, That not to exceed 
     $1,000,000 of this appropriation is available to carry out 
     the purposes of the Endangered Species Act of 1973 (Public 
     Law 93-205), as amended, including cooperative efforts as 
     contemplated by that Act to relocate endangered or threatened 
     species to other suitable habitats as may be necessary to 
     expedite project construction.

                 resource conservation and development

       For necessary expenses in planning and carrying out 
     projects for resource conservation and development and for 
     sound land use pursuant to the provisions of section 32(e) of 
     title III of the Bankhead-Jones Farm Tenant Act, as amended 
     (7 U.S.C. 1010-1011; 76 Stat. 607) and, the provisions of the 
     Act of April 27, 1935 (16 U.S.C. 590a-f), and the provisions 
     of the Agriculture and Food Act of 1981 (16 U.S.C. 3451-
     3461), $44,700,000, to remain available until expended (7 
     U.S.C. 2209): Provided, That this appropriation shall be 
     available for employment pursuant to the second sentence of 
     section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     and not to exceed $50,000 shall be available for employment 
     under 5 U.S.C. 3109.

                      forestry incentives program

       For necessary expenses, not otherwise provided for, to 
     carry out the program of forestry incentives, as authorized 
     in the Cooperative Assistance Act of 1978 (16 U.S.C. 2101), 
     as amended by the Federal Agriculture Improvement and Reform 
     Act of 1996 (Public Law 104-127), including technical 
     assistance and related expenses, $6,325,000, to remain 
     available until expended, as authorized by the Act.

              outreach for socially disadvantaged farmers

       For grants and contracts pursuant to section 2501 of the 
     Food, Agriculture, Conservation, and Trade Act of 1990 (7 
     U.S.C. 2279), $4,000,000, to remain available until expended.

                               TITLE III

           RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Rural Development to administer programs 
     under the laws enacted by the Congress for the Rural Housing 
     Service, Rural Business-Cooperative Service, and the Rural 
     Utilities Service of the Department of Agriculture, $588,000.


                  rural community advancement program

                     (including transfers of funds)

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


                         Rural Housing Service

              rural housing insurance fund program account


                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by title V of the Housing 
     Act of 1949, as amended, to be available from funds in the 
     rural housing insurance fund, as follows: $3,300,000,000 for 
     loans to section 502 borrowers, as determined by the 
     Secretary, of which $2,300,000,000 shall be for unsubsidized 
     guaranteed loans; $30,000,000 for section 504 housing repair 
     loans; $19,700,000 for section 538 guaranteed multi-family 
     housing loans; $15,001,000 for section 514 farm labor 
     housing; $128,640,000 for section 515 rental housing; 
     $600,000 for section 524 site loans; $25,004,000 for credit 
     sales of acquired property; and $587,000 for section 523 
     self-help housing land development loans.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: section 502 
     loans, $133,390,000, of which $5,290,000 shall be for 
     unsubsidized guaranteed loans; section 504 housing repair 
     loans, $10,308,000; section 538 multi-family housing 
     guaranteed loans, $1,200,000; section 514 farm labor housing, 
     $7,388,000; section 515 rental housing, $68,745,000; credit 
     sales of acquired property, $3,493,000; and section 523 self-
     help housing land development loans, $20,000.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $354,785,000, 
     which shall be transferred to and merged with the 
     appropriation for ``Rural Housing Service, Salaries and 
     Expenses''.

                       rental assistance program

       For rental assistance agreements entered into or renewed 
     pursuant to the authority under section 521(a)(2) or 
     agreements entered into in lieu of debt forgiveness or 
     payments for eligible households as authorized by section 
     502(c)(5)(D) of the Housing Act of 1949, as amended, 
     $541,397,000; and in addition such sums as may be necessary, 
     as authorized by section 521 of the Act, to liquidate debt 
     incurred prior to fiscal year 1992 to carry out the rental 
     assistance program under section 521(a)(2) of the Act: 
     Provided, That of this amount not more than $5,900,000 shall 
     be available for debt forgiveness or payments for eligible 
     households as authorized by section 502(c)(5)(D) of the Act, 
     and not to exceed $10,000 per project for advances to 
     nonprofit organizations or public agencies to cover direct 
     costs (other than purchase price) incurred in purchasing 
     projects pursuant to section 502(c)(5)(C) of the Act: 
     Provided further, That agreements entered into or renewed 
     during fiscal year 1998 shall be funded for a five-year 
     period, although the life of any such agreement may be 
     extended to fully utilize amounts obligated.

                  mutual and self-help housing grants

       For grants and contracts pursuant to section 523(b)(1)(A) 
     of the Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to 
     remain available until expended (7 U.S.C. 2209b).


                 Rural Community Fire Protection Grants

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


                    rural housing assistance grants

                     (including transfer of funds)

       For grants and contracts for housing for domestic farm 
     labor, very low-income housing repair, supervisory and 
     technical assistance, compensation for construction defects, 
     and rural housing preservation made by the Rural Housing 
     Service as authorized by 42 U.S.C. 1474, 1479(c), 1486, 
     1490c, 1490e, and 1490m, $45,720,000, to remain available 
     until expended: Provided, That any obligated and unobligated 
     balances available from prior

[[Page S8000]]

     years in ``Rural Housing for Domestic Farm Labor,'' 
     ``Supervisory and Technical Assistance Grants,'' ``Very Low-
     Income Housing Repair Grants,'' ``Compensation for 
     Construction Defects,'' and ``Rural Housing Preservation 
     Grants'' shall be transferred to and merged with this 
     account: Provided further, That of the total amount 
     appropriated, $1,200,000 shall be for empowerment zones and 
     enterprise communities, as authorized by Public Law 103-66: 
     Provided further, That if such funds are not obligated for 
     empowerment zones and enterprise communities by June 30, 
     1998, they shall remain available for other authorized 
     purposes under this head.

                         salaries and expenses

       For necessary expenses of the Rural Housing Service, 
     including administering the programs authorized by the 
     Consolidated Farm and Rural Development Act, as amended, 
     title V of the Housing Act of 1949, as amended, and 
     cooperative agreements, $58,804,000: Provided, That this 
     appropriation shall be available for employment pursuant to 
     the second sentence of 706(a) of the Organic Act of 1944, and 
     not to exceed $520,000 may be used for employment under 5 
     U.S.C. 3109.

                   Rural Business-Cooperative Service

              Rural Development Loan Fund Program Account


                     (including transfers of funds)

       For the cost of direct loans, $19,200,000, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)): 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize gross obligations for 
     the principal amount of direct loans of $40,000,000: Provided 
     further, That through June 30, 1998, of the total amount 
     appropriated $3,618,750 shall be available for the cost of 
     direct loans, for empowerment zones and enterprise 
     communities, as authorized by title XIII of the Omnibus 
     Budget Reconciliation Act of 1993, to subsidize gross 
     obligations for the principal amount of direct loans, 
     $7,500,000.
       In addition, for administrative expenses to carry out the 
     direct loan programs, $3,482,000 shall be transferred to and 
     merged with the appropriation for ``Salaries and Expenses''.

            rural economic development loans program account


                     (including transfers of funds)

       For the principal amount of direct loans, as authorized 
     under section 313 of the Rural Electrification Act, as 
     amended, for the purpose of promoting rural economic 
     development and job creation projects, $12,865,000.
       For the cost of direct loans, including the cost of 
     modifying loans as defined in section 502 of the 
     Congressional Budget Act of 1974, $3,076,000.

 alternative agricultural research and commercialization revolving fund

       For necessary expenses to carry out the Alternative 
     Agricultural Research and Commercialization Act of 1990 (7 
     U.S.C. 5901-5908), $10,000,000 is appropriated to the 
     alternative agricultural research and commercialization 
     corporation revolving fund.

                  rural cooperative development grants

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

                         Salaries and Expenses

       For necessary expenses of the Rural Business-Cooperative 
     Service, including administering the programs authorized by 
     the Consolidated Farm and Rural Development Act, as amended; 
     section 1323 of the Food Security Act of 1985; the 
     Cooperative Marketing Act of 1926; for activities relating to 
     the marketing aspects of cooperatives, including economic 
     research findings, as authorized by the Agricultural 
     Marketing Act of 1946; for activities with institutions 
     concerning the development and operation of agricultural 
     cooperatives; and cooperative agreements; $25,680,000: 
     Provided, That this appropriation shall be available for 
     employment pursuant to the second sentence of 706(a) of the 
     Organic Act of 1944, and not to exceed $260,000 may be used 
     for employment under 5 U.S.C. 3109.

                        Rural Utilities Service

   rural electrification and telecommunications loans program account


                     (including transfers of funds)

       Insured loans pursuant to the authority of section 305 of 
     the Rural Electrification Act of 1936, as amended (7 U.S.C. 
     935), shall be made as follows: 5 percent rural 
     electrification loans, $125,000,000; 5 percent rural 
     telecommunications loans, $52,756,000; cost of money rural 
     telecommunications loans, $300,000,000; municipal rate rural 
     electric loans, $500,000,000; and loans made pursuant to 
     section 306 of that Act, rural electric, $300,000,000, and 
     rural telecommunications, $120,000,000, to remain available 
     until expended.
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, including the cost of 
     modifying loans, of direct and guaranteed loans authorized by 
     the Rural Electrification Act of 1936, as amended (7 U.S.C. 
     935 and 936), as follows: cost of direct loans, $11,393,000; 
     cost of municipal rate loans, $21,100,000; cost of money 
     rural telecommunications loans, $60,000; cost of loans 
     guaranteed pursuant to section 306, $2,760,000: Provided, 
     That notwithstanding section 305(d)(2) of the Rural 
     Electrification Act of 1936, borrower interest rates may 
     exceed 7 percent per year.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $29,982,000, 
     which shall be transferred to and merged with the 
     appropriation for ``Salaries and Expenses.''.

                  rural telephone bank program account

       The Rural Telephone Bank is hereby authorized to make such 
     expenditures, within the limits of funds available to such 
     corporation in accord with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out its 
     authorized programs for the current fiscal year. During 
     fiscal year 1998 and within the resources and authority 
     available, gross obligations for the principal amount of 
     direct loans shall be $175,000,000.
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, including the cost of 
     modifying loans, of direct loans authorized by the Rural 
     Electrification Act of 1936, as amended (7 U.S.C. 935), 
     $3,710,000.
       In addition, for administrative expenses necessary to carry 
     out the loan programs, $3,000,000.

               distance learning and medical link program

       For the cost of direct loans and grants, as authorized by 7 
     U.S.C. 950aaa et seq., as amended, $12,030,000, to remain 
     available until expended, to be available for loans and 
     grants for telemedicine and distance learning services in 
     rural areas: Provided, That the costs of direct loans shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974.


                         salaries and expenses

       For necessary expenses of the Rural Utilities Service, 
     including administering the programs authorized by the Rural 
     Electrification Act of 1936, as amended, and the Consolidated 
     Farm and Rural Development Act, as amended, and cooperative 
     agreements, $33,000,000: Provided, That this appropriation 
     shall be available for employment pursuant to the second 
     sentence of 706(a) of the Organic Act of 1944, and not to 
     exceed $105,000 may be used for employment under 5 U.S.C. 
     3109.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Food, Nutrition and Consumer Services to 
     administer the laws enacted by the Congress for the Food and 
     Consumer Service, $454,000.

                        Child Nutrition Programs


                     (including transfers of funds)

       For necessary expenses to carry out the National School 
     Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and 
     the Child Nutrition Act of 1966 (42 U.S.C. 1772 et seq.), 
     except sections 17 and 21; $7,769,066,000, to remain 
     available through September 30, 1999, of which $2,617,675,000 
     is hereby appropriated and $5,151,391,000 shall be derived by 
     transfer from funds available under section 32 of the Act of 
     August 24, 1935 (7 U.S.C. 612c): Provided, That $4,124,000 
     shall be available for independent verification of school 
     food service claims.

Special Supplemental Nutrition Program for Women, Infants, and Children 
                                 (WIC)

       For necessary expenses to carry out the special 
     supplemental nutrition program as authorized by section 17 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
     $3,927,600,000, to remain available through September 30, 
     1999, of which up to $12,000,000 may be used to carry out the 
     farmers' market nutrition program from any funds not needed 
     to maintain current caseload levels: Provided, That 
     notwithstanding sections 17 (g), (h), and (i) of such Act, 
     the Secretary shall adjust fiscal year 1998 State allocations 
     to reflect food funds available to the State from fiscal year 
     1997 under section 17(i)(3)(A)(ii) and 17(i)(3)(D): Provided 
     further, That the Secretary shall allocate funds recovered 
     from fiscal year 1997 first to States to maintain stability 
     funding levels, as defined by regulations promulgated under 
     section 17(g), and then to give first priority for the 
     allocation of any remaining funds to States whose funding is 
     less than their fair share of funds, as defined by 
     regulations promulgated under section 17(g): Provided 
     further, That none of the funds in this Act shall be 
     available to pay administrative expenses of WIC clinics 
     except those that have an announced policy of prohibiting 
     smoking within the space used to carry out the program: 
     Provided further, That none of the funds provided in this 
     account shall be available for the purchase of infant formula 
     except in accordance with the cost containment and 
     competitive bidding requirements specified in section 17 of 
     the Child Nutrition Act of 1966: Provided further, That State 
     agencies required to procure infant formula using a 
     competitive bidding system may use funds appropriated by this 
     Act to purchase infant formula under a cost containment 
     contract entered into after September 30, 1996 only if the 
     contract was awarded to the bidder offering the lowest net 
     price, as defined by section 17(b)(20) of the Child Nutrition 
     Act of 1966, unless the State agency demonstrates to the 
     satisfaction of

[[Page S8001]]

     the Secretary that the weighted average retail price for 
     different brands of infant formula in the State does not vary 
     by more than five percent.

                           food stamp program

       For necessary expenses to carry out the Food Stamp Act (7 
     U.S.C. 2011 et seq.), $26,051,479,000, of which 
     $1,000,000,000 shall be placed in reserve for use only in 
     such amounts and at such times as may become necessary to 
     carry out program operations: Provided, That funds provided 
     herein shall be expended in accordance with section 16 of the 
     Food Stamp Act: Provided, That this appropriation shall be 
     subject to any work registration or workfare requirements as 
     may be required by law.

                      Commodity Assistance Program

       For necessary expenses to carry out the commodity 
     supplemental food program as authorized by section 4(a) of 
     the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 
     612c (note)), and the Emergency Food Assistance Act of 1983, 
     as amended, $148,600,000, to remain available through 
     September 30, 1999: Provided, That none of these funds shall 
     be available to reimburse the Commodity Credit Corporation 
     for commodities donated to the program.

              food donations programs for selected groups

       For necessary expenses to carry out section 4(a) of the 
     Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 
     612c (note)), and section 311 of the Older Americans Act of 
     1965, as amended (42 U.S.C. 3030a), $141,165,000, to remain 
     available through September 30, 1999.

                      food program administration

       For necessary administrative expenses of the domestic food 
     programs funded under this Act, $107,719,000, of which 
     $5,000,000 shall be available only for simplifying 
     procedures, reducing overhead costs, tightening regulations, 
     improving food stamp coupon handling, and assistance in the 
     prevention, identification, and prosecution of fraud and 
     other violations of law: Provided, That this appropriation 
     shall be available for employment pursuant to the second 
     sentence of section 706(a) of the Organic Act of 1944 (7 
     U.S.C. 2225), and not to exceed $150,000 shall be available 
     for employment under 5 U.S.C. 3109.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

         Foreign Agricultural Service and General Sales Manager


                     (including transfers of funds)

       For necessary expenses of the Foreign Agricultural Service, 
     including carrying out title VI of the Agricultural Act of 
     1954, as amended (7 U.S.C. 1761-1768), market development 
     activities abroad, and for enabling the Secretary to 
     coordinate and integrate activities of the Department in 
     connection with foreign agricultural work, including not to 
     exceed $128,000 for representation allowances and for 
     expenses pursuant to section 8 of the Act approved August 3, 
     1956 (7 U.S.C. 1766), $136,664,000, of which $3,231,000 may 
     be transferred from the Export Loan Program account in this 
     Act, and $1,066,000 may be transferred from the Public Law 
     480 program account in this Act: Provided, That up to 
     $3,000,000 shall be available in fiscal year 1999 for 
     overseas inflation, subject to documentation by USDA of 
     actual overseas inflation and deflation: Provided further, 
     That the Service may utilize advances of funds, or reimburse 
     this appropriation for expenditures made on behalf of Federal 
     agencies, public and private organizations and institutions 
     under agreements executed pursuant to the agricultural food 
     production assistance programs (7 U.S.C. 1736) and the 
     foreign assistance programs of the International Development 
     Cooperation Administration (22 U.S.C. 2392).
       None of the funds in the foregoing paragraph shall be 
     available to promote the sale or export of tobacco or tobacco 
     products.


               public law 480 program and grant accounts

                     (including transfers of funds)

       For expenses during the current fiscal year, not otherwise 
     recoverable, and unrecovered prior years' costs, including 
     interest thereon, under the Agricultural Trade Development 
     and Assistance Act of 1954, as amended (7 U.S.C. 1691, 1701-
     1715, 1721-1726, 1727-1727f, 1731-1736g), as follows: (1) 
     $226,900,000 for Public Law 480 title I credit, including 
     Food for Progress programs; (2) $20,630,000 is hereby 
     appropriated for ocean freight differential costs for the 
     shipment of agricultural commodities pursuant to title I of 
     said Act and the Food for Progress Act of 1985, as amended; 
     (3) $837,000,000 is hereby appropriated for commodities 
     supplied in connection with dispositions abroad pursuant to 
     title II of said Act; and (4) $30,000,000 is hereby 
     appropriated for commodities supplied in connection with 
     dispositions abroad pursuant to title III of said Act: 
     Provided, That not to exceed 15 percent of the funds made 
     available to carry out any title of said Act may be used to 
     carry out any other title of said Act: Provided further, That 
     such sums shall remain available until expended (7 U.S.C. 
     2209b): Provided further, That, of the amount of funds made 
     available under title II of said Act, the United States 
     Agency for International Development should use at least the 
     same amount of funds to carry out the orphan feeding program 
     in Haiti during fiscal year 1998 as was used by the Agency to 
     carry out the program during fiscal year 1997.
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of direct credit agreements 
     as authorized by the Agricultural Trade Development and 
     Assistance Act of 1954, as amended, and the Food for Progress 
     Act of 1985, as amended, including the cost of modifying 
     credit agreements under said Act, $176,596,000.
       In addition, for administrative expenses to carry out the 
     Public Law 480 title I credit program, and the Food for 
     Progress Act of 1985, as amended, to the extent funds 
     appropriated for Public Law 480 are utilized, $1,881,000.

       commodity credit corporation export loans program account


                     (including transfers of funds)

       For administrative expenses to carry out the Commodity 
     Credit Corporation's export guarantee program, GSM 102 and 
     GSM 103, $3,820,000; to cover common overhead expenses as 
     permitted by section 11 of the Commodity Credit Corporation 
     Charter Act and in conformity with the Federal Credit Reform 
     Act of 1990, of which not to exceed $3,231,000 may be 
     transferred to and merged with the appropriation for the 
     salaries and expenses of the Foreign Agricultural Service, 
     and of which not to exceed $589,000 may be transferred to and 
     merged with the appropriation for the salaries and expenses 
     of the Farm Service Agency.


                             export credit

       The Commodity Credit Corporation shall make available not 
     less than $5,500,000,000 in credit guarantees under its 
     export credit guarantee program extended to finance the 
     export sales of United States agricultural commodities and 
     the products thereof, as authorized by section 202 (a) and 
     (b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641).


                     emerging markets export credit

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

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

       For necessary expenses of the Food and Drug Administration, 
     including hire and purchase of passenger motor vehicles; for 
     rental of special purpose space in the District of Columbia 
     or elsewhere; and for miscellaneous and emergency expenses of 
     enforcement activities, authorized and approved by the 
     Secretary and to be accounted for solely on the Secretary's 
     certificate, not to exceed $25,000; $935,175,000, of which 
     not to exceed $91,204,000 in fees pursuant to section 736 of 
     the Federal Food, Drug, and Cosmetic Act may be credited to 
     this appropriation and remain available until expended: 
     Provided, That fees derived from applications received during 
     fiscal year 1998 shall be subject to the fiscal year 1998 
     limitation: Provided further, That none of these funds shall 
     be used to develop, establish, or operate any program of user 
     fees authorized by 31 U.S.C. 9701.
       In addition, fees pursuant to section 354 of the Public 
     Health Service Act may be credited to this account, to remain 
     available until expended.
       In addition, fees pursuant to section 801 of the Federal 
     Food, Drug, and Cosmetic Act may be credited to this account, 
     to remain available until expended.

                        buildings and facilities

       For plans, construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of 
     or used by the Food and Drug Administration, where not 
     otherwise provided, $22,900,000, to remain available until 
     expended (7 U.S.C. 2209b).


                         rental payments (fda)

                     (including transfers of funds)

       For payment of space rental and related costs pursuant to 
     Public Law 92-313 for programs and activities of the Food and 
     Drug Administration which are included in this Act, 
     $46,294,000: Provided, That in the event the Food and Drug 
     Administration should require modification of space needs, a 
     share of the salaries and expenses appropriation may be 
     transferred to this appropriation, or a share of this 
     appropriation may be transferred to the salaries and expenses 
     appropriation, but such transfers shall not exceed 5 percent 
     of the funds made available for rental payments (FDA) to or 
     from this account.

                       DEPARTMENT OF THE TREASURY

                      Financial Management Service

  Payments to the Farm Credit System Financial Assistance Corporation

       For necessary payments to the Farm Credit System Financial 
     Assistance Corporation by the Secretary of the Treasury, as 
     authorized by section 6.28(c) of the Farm Credit Act of 1971, 
     as amended, for reimbursement of interest expenses incurred 
     by the Financial Assistance Corporation on obligations issued 
     through 1994, as authorized, $7,728,000.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act,

[[Page S8002]]

     as amended (7 U.S.C. 1 et seq.), including the purchase and 
     hire of passenger motor vehicles; the rental of space (to 
     include multiple year leases) in the District of Columbia and 
     elsewhere; and not to exceed $25,000 for employment under 5 
     U.S.C. 3109; $60,101,000 including not to exceed $1,000 for 
     official reception and representation expenses: Provided, 
     That the Commission is authorized to charge reasonable fees 
     to attendees of Commission sponsored educational events and 
     symposia to cover the Commission's costs of providing those 
     events and symposia, and notwithstanding 31 U.S.C. 3302, said 
     fees shall be credited to this account, to be available 
     without further appropriation.

                       Farm Credit Administration


                 Limitation on Administrative Expenses

       Not to exceed $34,423,000 (from assessments collected from 
     farm credit institutions and from the Federal Agricultural 
     Mortgage Corporation) shall be obligated during the current 
     fiscal year for administrative expenses as authorized under 
     12 U.S.C. 2249: Provided, That this limitation shall not 
     apply to expenses associated with receiverships.

                     TITLE VII--GENERAL PROVISIONS

       Sec. 701. Within the unit limit of cost fixed by law, 
     appropriations and authorizations made for the Department of 
     Agriculture for the fiscal year 1998 under this Act shall be 
     available for the purchase, in addition to those specifically 
     provided for, of not to exceed 394 passenger motor vehicles, 
     of which 391 shall be for replacement only, and for the hire 
     of such vehicles.
       Sec. 702. Funds in this Act available to the Department of 
     Agriculture shall be available for uniforms or allowances 
     therefor as authorized by law (5 U.S.C. 5901-5902).
       Sec. 703. Not less than $1,500,000 of the appropriations of 
     the Department of Agriculture in this Act for research and 
     service work authorized by the Acts of August 14, 1946, and 
     July 28, 1954 (7 U.S.C. 427, 1621-1629), and by chapter 63 of 
     title 31, United States Code, shall be available for 
     contracting in accordance with said Acts and chapter.
       Sec. 704. The cumulative total of transfers to the Working 
     Capital Fund for the purpose of accumulating growth capital 
     for data services and National Finance Center operations 
     shall not exceed $2,000,000: Provided, That no funds in this 
     Act appropriated to an agency of the Department shall be 
     transferred to the Working Capital Fund without the approval 
     of the agency administrator.
       Sec. 705. New obligational authority provided for the 
     following appropriation items in this Act shall remain 
     available until expended (7 U.S.C. 2209b): Animal and Plant 
     Health Inspection Service, the contingency fund to meet 
     emergency conditions, fruit fly program, and integrated 
     systems acquisition project; Farm Service Agency, salaries 
     and expenses funds made available to county committees; and 
     Foreign Agricultural Service, middle-income country training 
     program.
       New obligational authority for the boll weevil program; up 
     to 10 percent of the screwworm program of the Animal and 
     Plant Health Inspection Service; funds appropriated for 
     rental payments; funds for the Native American institutions 
     endowment fund in the Cooperative State Research, Education, 
     and Extension Service, and funds for the competitive research 
     grants (7 U.S.C. 450i(b)), shall remain available until 
     expended.
       Sec. 706. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 707. Not to exceed $50,000 of the appropriations 
     available to the Department of Agriculture in this Act shall 
     be available to provide appropriate orientation and language 
     training pursuant to Public Law 94-449.
       Sec. 708. No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the two parties. This 
     does not preclude appropriate payment of indirect costs on 
     grants and contracts with such institutions when such 
     indirect costs are computed on a similar basis for all 
     agencies for which appropriations are provided in this Act.
       Sec. 709. Notwithstanding any other provision of this Act, 
     commodities acquired by the Department in connection with 
     Commodity Credit Corporation and section 32 price support 
     operations may be used, as authorized by law (15 U.S.C. 714c 
     and 7 U.S.C. 612c), to provide commodities to individuals in 
     cases of hardship as determined by the Secretary of 
     Agriculture.
       Sec. 710. None of the funds in this Act shall be available 
     to reimburse the General Services Administration for payment 
     of space rental and related costs in excess of the amounts 
     specified in this Act; nor shall this or any other provision 
     of law require a reduction in the level of rental space or 
     services below that of fiscal year 1997 or prohibit an 
     expansion of rental space or services with the use of funds 
     otherwise appropriated in this Act. Further, no agency of the 
     Department of Agriculture, from funds otherwise available, 
     shall reimburse the General Services Administration for 
     payment of space rental and related costs provided to such 
     agency at a percentage rate which is greater than is 
     available in the case of funds appropriated in this Act.
       Sec. 711. None of the funds in this Act shall be available 
     to restrict the authority of the Commodity Credit Corporation 
     to lease space for its own use or to lease space on behalf of 
     other agencies of the Department of Agriculture when such 
     space will be jointly occupied.
       Sec. 712. With the exception of grants awarded under the 
     Small Business Innovation Development Act of 1982, Public Law 
     97-219, as amended (15 U.S.C. 638), none of the funds in this 
     Act shall be available to pay indirect costs on research 
     grants awarded competitively by the Cooperative State 
     Research, Education, and Extension Service that exceed 14 
     percent of total Federal funds provided under each award.
       Sec. 713. Notwithstanding any other provisions of this Act, 
     all loan levels provided of this Act shall be considered 
     estimates, not limitations.
       Sec. 714. Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     fiscal year 1998 shall remain available until expended to 
     cover obligations made in fiscal year 1998 for the following 
     accounts: the rural development loan fund program account; 
     the Rural Telephone Bank program account; the rural 
     electrification and telecommunications loans program account; 
     and the rural economic development loans program account.
       Sec. 715. Such sums as may be necessary for fiscal year 
     1998 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 716. Notwithstanding the Federal Grant and Cooperative 
     Agreement Act, marketing services of the Agricultural 
     Marketing Service and the Animal and Plant Health Inspection 
     Service may use cooperative agreements to reflect a 
     relationship between Agricultural Marketing Service or the 
     Animal and Plant Health Inspection Service and a State or 
     Cooperator to carry out agricultural marketing programs or to 
     carry out programs to protect the Nation's animal and plant 
     resources.
       Sec. 717. None of the funds in this Act may be used to 
     retire more than 5 per centum of the Class A stock of the 
     Rural Telephone Bank or to maintain any account or subaccount 
     within the accounting records of the Rural Telephone Bank the 
     creation of which has not specifically been authorized by 
     statute: Provided, That notwithstanding any other provision 
     of law, none of the funds appropriated or otherwise made 
     available in this Act may be used to transfer to the Treasury 
     or to the Federal Financing Bank any unobligated balance of 
     the Rural Telephone Bank telephone liquidating account which 
     is in excess of current requirements and such balance shall 
     receive interest as set forth for financial accounts in 
     section 505(c) of the Federal Credit Reform Act of 1990.
       Sec. 718. None of the funds made available in this Act may 
     be used to provide assistance to, or to pay the salaries of 
     personnel who carry out a market promotion/market access 
     program pursuant to section 203 of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5623) that provides assistance to the 
     United States Mink Export Development Council or any mink 
     industry trade association.
       Sec. 719. Of the funds made available by this Act, not more 
     than $1,000,000 shall be used to cover necessary expenses of 
     activities related to all advisory committees, panels, 
     commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants.
       Sec. 720. None of the funds appropriated in this Act may be 
     used to carry out the provisions of section 918 of Public Law 
     104-127, the Federal Agriculture Improvement and Reform Act.
       Sec. 721. No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act to any other agency or office of the Department for 
     more than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.
       Sec. 722. None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel who carry out an export enhancement 
     program if the aggregate amount of funds and/or commodities 
     under such program exceeds $150,000,000.
       Sec. 723. None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board.
       Sec. 724. Section 3(c) of the Federal Noxious Weed Act of 
     1974 (7 U.S.C. 2802 (c)) is amended by inserting before the 
     period at the end the following: ``, and includes kudzu 
     (Pueraria lobata Dc)''.
       Sec. 725. Notwithstanding section 520 of the Housing Act of 
     1949, (42 U.S.C. 1490) the Martin Luther King area of 
     Pawley's Island, South Carolina, located in Georgetown 
     County, shall be eligible for loans and grants under section 
     504 of the Housing Act of 1949, as amended.
       Sec. 726. None of the funds made available to the Food and 
     Drug Administration by this Act shall be used to close or 
     relocate the

[[Page S8003]]

     Food and Drug Administration Division of Drug Analysis in St. 
     Louis, Missouri, or to proceed with a plan to close or 
     consolidate the Food and Drug Administration's Baltimore, 
     Maryland, laboratory.
       Sec. 727. The Secretary of Agriculture, before making any 
     reduction in the employee level required to carry out a 
     program or activity under the jurisdiction of the Under 
     Secretary for Rural Development, shall submit to the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Appropriations of the Senate a plan 
     (including the justification and cost savings) for reducing 
     the employee level below the level described in the budget 
     submitted by the President for fiscal year 1998.
       Sec. 728. Effective on October 1, 1998, section 136(a) of 
     the Agricultural Market Transition Act (7 U.S.C. 7236(a)) is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``Subject to paragraph (4), during'' and 
     inserting ``During''; and
       (B) in subparagraph (B), by striking ``130'' and inserting 
     ``134'';
       (2) by striking paragraph (4); and
       (3) by redesignating paragraph (5) as paragraph (4).
       Sec. 729. Study of Northeast Interstate Dairy Compact. (a) 
     Definitions.--In this section:
       (1) Child, senior, and low-income nutrition programs.--The 
     term ``child, senior, and low-income nutrition programs'' 
     includes--
       (A) the food stamp program established under the Food Stamp 
     Act of 1977 (7 U.S.C. 2011 et seq.);
       (B) the school lunch program established under the National 
     School Lunch Act (42 U.S.C. 1751 et seq.);
       (C) the summer food service program for children 
     established under section 13 of that Act (42 U.S.C. 1761);
       (D) the child and adult care food program established under 
     section 17 of that Act (42 U.S.C. 1766);
       (E) the special milk program established under section 3 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1772);
       (F) the school breakfast program established under section 
     4 of that Act (42 U.S.C. 1773);
       (G) the special supplemental nutrition program for women, 
     infants, and children authorized under section 17 of that Act 
     (42 U.S.C. 1786); and
       (H) the nutrition programs and projects carried out under 
     part C of title III of the Older Americans Act of 1965 (42 
     U.S.C. 3030e et seq.).
       (2) Compact.--The term ``Compact'' means the Northeast 
     Interstate Dairy Compact.
       (3) Northeast interstate dairy compact.--The term 
     ``Northeast Interstate Dairy Compact'' means the Northeast 
     Interstate Dairy Compact referred to in section 147 of the 
     Agricultural Market Transition Act (7 U.S.C. 7256).
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (b) Evaluation.--Not later than December 31, 1997, the 
     Director shall conduct, complete, and transmit to Congress a 
     comprehensive economic evaluation of the direct and indirect 
     effects of the Northeast Interstate Dairy Compact and other 
     factors which affect the price of fluid milk.
       (c) Components.--In conducting the evaluation, the Director 
     shall consider, among other factors, the effects of 
     implementation of the rules and regulations of the Northeast 
     Interstate Dairy Compact Commission, such as rules and 
     regulations relating to over-order Class I pricing and 
     pooling provisions. This evaluation shall consider such 
     effects prior to implementation of the Compact and that would 
     have occurred in the absence of the implementation of the 
     Compact. The evaluation shall include an analysis of the 
     impacts on--
       (1) child, senior, and low-income nutrition programs 
     including impacts on schools and institutions participating 
     in the programs, on program recipients, and other factors;
       (2) the wholesale and retail cost of fluid milk;
       (3) the level of milk production, the number of cows, the 
     number of dairy farms, and milk utilization in the Compact 
     region, including--
       (A) changes in the level of milk production, the number of 
     cows, and the number of dairy farms in the Compact region 
     relative to trends in the level of milk production and trends 
     in the number of cows and dairy farms prior to implementation 
     of the Compact;
       (B) changes in the disposition of bulk and packaged milk 
     for Class I, II, or III use produced in the Compact region to 
     areas outside the region relative to the milk disposition to 
     areas outside the region;
       (C) changes in--
       (i) the share of milk production for Class I use of the 
     total milk production in the Compact region; and
       (ii) the share of milk production for Class II and Class 
     III use of the total milk production in the Compact region;
       (4) dairy farmers and dairy product manufacturers in States 
     and regions outside the Compact region with respect to the 
     impact of changes in milk production, and the impact of any 
     changes in disposition of milk originating in the Compact 
     region, on national milk supply levels and farm level milk 
     prices nationally; and
       (5) the cost of carrying out the milk price support program 
     established under section 141 of the Agricultural Market 
     Transition Act (7 U.S.C. 7251).
       (d) Additional States and Compacts.--The Secretary shall 
     evaluate and incorporate into the evaluation required under 
     subsection (b) an evaluation of the economic impact of adding 
     additional States to the Compact for the purpose of 
     increasing prices paid to milk producers.
       Sec. 730. From proceeds earned from the sale of grain in 
     the disaster reserve established in the Agricultural Act of 
     1970, the Secretary may use up to an additional $23,000,000 
     to implement a livestock indemnity program as established in 
     Public Law 105-18.
       Sec. 731. Planting of Wild Rice on Contract Acreage.--None 
     of the funds appropriated in this Act may be used to 
     administer the provision of contract payments to a producer 
     under the Agricultural Market Transition Act (7 U.S.C. 7201 
     et seq.) for contract acreage on which wild rice is planted 
     unless the contract payment is reduced by an acre for each 
     contract acre planted to wild rice.
       Sec. 732. Inspection and Certification of Agricultural 
     Processing Equipment. (a) In General.--Except as provided in 
     subsection (b), none of the funds made available by this Act 
     or any other Act for any fiscal year may be used to carry out 
     section 203(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.
       (b) Relationship to Other Law.--Subsection (a) shall not 
     affect the authority of the Secretary to carry out the 
     Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the 
     Poultry Products Inspection Act (21 U.S.C. 451 et seq.).
       Sec. 733. Rural Housing Programs.--(a) Housing in 
     Underserved Areas Program.--The first sentence of section 
     509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C. 
     1479(f)(4)(A)) is amended by striking ``fiscal year 1997'' 
     and inserting ``fiscal year 1998''.
       (b) Housing and Related Facilities for Elderly Persons and 
     Families and Other Low-Income Persons and Families.--
       (1) Authority to make loans.--Section 515(b)(4) of the 
     Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by 
     striking ``September 30, 1997'' and inserting ``September 30, 
     1998''.
       (2) Set-aside for nonprofit entities.--The first sentence 
     of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 
     1485(w)(1)) is amended by striking ``fiscal year 1997'' and 
     inserting ``fiscal year 1998''.
       (3) Loan term.--Section 515 of the Housing Act of 1949 (42 
     U.S.C. 1485) is amended--
       (A) in subsection (a)(2), by striking ``up to fifty'' and 
     inserting ``up to 30''; and
       (B) in subsection (b)--
       (i) by striking paragraph (2) and inserting the following:
       ``(2) such a loan may be made for a period of up to 30 
     years from the making of the loan, but the Secretary may 
     provide for periodic payments based on an amortization 
     schedule of 50 years with a final payment of the balance due 
     at the end of the term of the loan;'';
       (ii) in paragraph (5), by striking ``and'' at the end;
       (iii) in paragraph (6), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(7) the Secretary may make a new loan to the current 
     borrower to finance the final payment of the original loan 
     for an additional period not to exceed twenty years, if--
       ``(A) the Secretary determines--
       ``(i) it is more cost-efficient and serves the tenant base 
     more effectively to maintain the current property than to 
     build a new property in the same location; or
       ``(ii) the property has been maintained to such an extent 
     that it warrants retention in the current portfolio because 
     it can be expected to continue providing decent, safe, and 
     affordable rental units for the balance of the loan; and
       ``(B) the Secretary determines--
       ``(i) current market studies show that a need for low-
     income rural rental housing still exists for that area; and
       ``(ii) any other criteria established by the Secretary has 
     been met.''.
       (c) Loan Guarantees for Multifamily Rental Housing in Rural 
     Areas.--Section 538 of the Housing Act of 1949 (42 U.S.C. 
     1490p-2) is amended--
       (1) in subsection (q), by striking paragraph (2) and 
     inserting the following:
       ``(2) Annual limitation on amount of loan guarantee.--In 
     each fiscal year, the Secretary may enter into commitments to 
     guarantee loans under this section only to the extent that 
     the costs of the guarantees entered into in such fiscal year 
     do not exceed such amount as may be provided in appropriation 
     Acts for such fiscal year.'';
       (2) by striking subsection (t) and inserting the following:
       ``(t) Authorization of Appropriations.--There are 
     authorized to be appropriated for fiscal year 1998 for costs 
     (as such term is defined in section 502 of the Congressional 
     Budget Act of 1974) of loan guarantees made under this 
     section such sums as may be necessary for such fiscal 
     year.''; and
       (3) in subsection (u), by striking ``1996'' and inserting 
     ``1998''.
       This Act may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 1998''.


[[Page S8004]]


  Mr. COCHRAN. I move to reconsider the vote by which the bill was 
passed.
  Mr. BUMPERS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. COCHRAN. Mr. President, let me thank all Senators for their 
cooperation and assistance in the passage of this bill, particularly 
those members of our subcommittee and the full Committee on 
Appropriations. Those who had amendments and helped improve the bill, 
we appreciate their help as well. I also want to make a special point 
to commend and thank the members of our staff--on our side of the aisle 
Rebecca Davies, who is the clerk of the subcommittee; Martha Scott 
Poindexter, who assisted her; Rachelle Graves-Bell; and our intern, 
Justin Brasell, who also was a help in the preparation of this bill. We 
had a lot of hearings. We did a lot of work developing this 
legislation. We appreciate the help that we got.
  Mr. BUMPERS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Arkansas is recognized.
  Mr. BUMPERS. Mr. President, let me echo the laudatory comments the 
Senator from Mississippi has just paid to the majority staff. I would 
like to also pay tribute to the minority staff as well as the majority 
staff. They worked extremely well with us. They were helpful to us as 
well as the chairman of the committee. On our side of the aisle, I want 
to especially thank Galen Fountain, who is seated at my left and who 
was my personal agricultural aide for many years before he joined the 
appropriations staff, and pay special tribute to him and Rebecca 
Davies, who probably know on a magnitude of about five times more about 
this bill than Senator Cochran and I do. We simply could not function 
here and get a bill like this through without the very able assistance 
of those people. But in addition to Galen, I also want to pay tribute 
to Carole Geagley and to my own personal staff member, Ben Noble. They 
have done a magnificent job.
  Again, my sincere thanks to Senator Cochran, who is the chief 
architect of this bill. He did a magnificent job. If you watched here, 
as always when these appropriations bills are coming through, you see 
the Senators all gathered around here pleading with Senator Cochran and 
me to accept this amendment and that amendment. We would love to accept 
them all. It is always that way in appropriations. But the money 
constraints keep us from doing that. But we like to help other 
Senators.
  As I said yesterday afternoon on the floor, it is not pork. Sometimes 
it is pure, unadulterated research from which the entire Nation 
benefits. But having said that, I think it is a good bill. We will do 
our very best to honor all the Senate's wishes in the conference 
committee. I think we will come back here with a good bill from 
conference.
  Mr. CONRAD. Mr. President, the Agriculture appropriations bill just 
approved by the Senate includes funds for many important programs, and 
I deeply appreciate the work of Chairman Cochran and Senator Bumpers in 
putting together this bill. While I appreciate their good work, I 
deeply regret that funds are not included to provide the final Federal 
matching funds for several Cooperative State Research, Education, and 
Extension Service buildings, including one at North Dakota State 
University, for which State and local matching funds have been 
provided.
  I believe this is especially unfortunate because of unique 
circumstances faced by NDSU in their attempt to complete this important 
project. The Agriculture Appropriations Subcommittee provided an 
initial planning grant for this building in fiscal year 1992. After 
that, the subcommittee provided $1.65 million in the fiscal year 1994 
bill as a down payment on the Federal share of this $10 million 
facility. Unfortunately the House Agriculture Appropriations 
Subcommittee indicated in its fiscal year 1996 report that the 
committee would no longer provide Federal funding for these buildings 
if the projects did not have their state and local matching funds in 
hand by the time Congress prepared the appropriations bills the 
following year for fiscal year 1997.
  Mr. President, this decision created a serious problem for North 
Dakota because our State legislature only meets every other year. That 
meant North Dakota State University did not even have an opportunity to 
seek the State matching funds between the time the House subcommittee 
issued its notice in the summer of 1995 to provide no additional 
funding and the time the fiscal year 1997 appropriations bill was 
considered last summer. The first time our State legislature met 
following the House subcommittee's decision was January 1997, at which 
time the legislature provided the State match for this building. In 
other words, the State provided its share of funds for this building at 
the first opportunity they had following the announcement by the House 
subcommittee.
  This facility is extremely important because the existing facilities 
at NDSU were constructed in the 1960's and do not meet USDA standards, 
causing animal health and production research to be curtailed. The new 
facility would allow expanded research into fighting anti-biotic 
resistant viruses, enhancing reproductive efficiency in farm animals, 
developing safer, more effective pharmaceuticals, improving meat animal 
research to improve food quality, and other important areas of 
research.
  Mr. President, it is my strong desire that we are able to find a 
responsible solution to this situation. I believe terminating Federal 
funding for this building is premature, and I will continue to work 
with NDSU, USDA, and my colleagues in the House and Senate to see that 
this building is completed. I yield the floor.
  The PRESIDING OFFICER. Who seeks time?
  Mr. HATCH addressed the Chair.
  The PRESIDING OFFICER. The Senator from Utah is recognized.
  Mr. HATCH. I ask unanimous consent that my remarks be considered as 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BUMPERS. Would the Senator from Utah yield for a moment?
  Mr. HATCH. Yes.

                          ____________________