[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.
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