[104th Congress Public Law 37]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ37.104]
[[Page 109 STAT. 299]]
Public Law 104-37
104th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1996, and for other purposes. <<NOTE: Oct. 21,
1995 - [H.R. 1976]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1996.>> 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, 1996, 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, $10,227,000, of which $7,500,000 to remain available until
expended, shall be available for InfoShare: 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.
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 the 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, $3,948,000.
[[Page 109 STAT. 300]]
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,846,000.
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, $5,899,000.
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, $4,133,000: Provided,
That the Chief Financial Officer shall reinstate and market cross-
servicing activities of the National Finance Center: Provided further,
That none of the funds appropriated or otherwise made available by this
Act shall be used to obtain, modify, re-engineer, license, operate,
implement, or expand commercial off-the-shelf financial management
software systems or existing commercial off-the-shelf system financial
management contracts, beyond general ledger systems and accounting
support software, at the National Finance Center until thirty
legislative days after the Secretary of Agriculture submits to the House
and Senate Committees on Appropriations a complete and thorough cost-
benefit analysis and a certification by the Secretary of Agriculture
that this analysis provides a detailed and accurate cost-benefit
analysis comparison between obtaining or expanding commercial off-the-
shelf software systems and conducting identical or comparable software
systems acquisitions, re-engineering, or modifications in-house.
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, $596,000.
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, $110,187,000, of which
$20,216,000 shall be retained by the Department for the operation,
maintenance, and repair of Agriculture buildings: Provided, That in the
event an agency within the Department should require modification of
space needs, the Secretary
[[Page 109 STAT. 301]]
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, $25,587,000, to remain
available until expended; making a total appropriation of $135,774,000.
Advisory Committees (USDA)
For necessary expenses for activities of advisory committees of the
Department of Agriculture which are included in this Act, $650,000:
Provided, That no other funds appropriated to the Department in this Act
shall be available to the Department for support of activities of
advisory committees.
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 Personnel, Operations, Information Resources Management, Civil
Rights Enforcement, Small and Disadvantaged Business Utilization,
Administrative Law Judges and Judicial Officer, Disaster Management and
Coordination, and Modernization of the Administrative Process,
$27,986,000, 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.
[[Page 109 STAT. 302]]
Office of the Assistant Secretary for Congressional Relations
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
in this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,797,000: 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 $2,355,000 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, $8,198,000,
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
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, $63,639,000, including such sums as may be
necessary for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978, as amended, including a sum not to exceed $50,000 for
employment under 5 U.S.C. 3109; and including a sum not to exceed
$95,000 for certain confidential operational expenses including the
payment of informants, to be expended under the direction of the
Inspector General pursuant to Public Law 95-452 and section 1337 of
Public Law 97-98: Provided, That funds transferred to the Office of the
Inspector General through forfeiture proceedings or from the Department
of Justice Assets Forfeiture Fund or the Department of the Treasury
Forfeiture Fund, as a participating agency, as an equitable share from
the forfeiture of property in investigations in which the Office of
Inspector General participates, or through the granting of a Petition
for Remission or Mitigation, shall be deposited to the credit of this
account for law enforcement activities authorized under the Inspector
General Act of 1978, as amended, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$27,860,000.
[[Page 109 STAT. 303]]
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,
$520,000.
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,
$53,131,000: 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,
and marketing surveys, as authorized by the Agricultural Marketing Act
of 1946 (7 U.S.C. 1621-1627) and other laws, $81,107,000: Provided, That
this appropriation shall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $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, $710,000,000: 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 <<NOTE: 7 USC 2254.>> 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 <<NOTE: 7 USC 2254.>> 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
[[Page 109 STAT. 304]]
$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 the foregoing limitations shall not apply
to the purchase of land at Beckley, West Virginia: Provided further,
That not to exceed $190,000 of this appropriation may be transferred to
and merged with the appropriation for the Office of the Under Secretary
for Research, Education and Economics for the scientific review of
international issues involving agricultural chemicals and food
additives: 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: Provided
further, That <<NOTE: Public lands. Louisiana. American Sugar Cane
League Foundation.>> all rights and title of the United States in the
property known as USDA Houma Sugar Cane Research Laboratory, consisting
of approximately 20 acres in the City of Houma and 150 acres of farmland
in Chacahula, Louisiana, including facilities and equipment, shall be
conveyed to the American Sugar Cane League Foundation: Provided further,
That <<NOTE: Public lands. California.>> all rights and title of the
United States in the Agricultural Research Station at Brawley,
California, consisting of 80 acres of land, including facilities and
equipment, shall be conveyed to Imperial County, California: Provided
further, That <<NOTE: Public lands. Texas. Texas A&M University.>> all
rights and title of the United States in the Pecan Genetics and
Improvement Research Laboratory, consisting of 84.2 acres of land,
including facilities and equipment, shall be conveyed to Texas A&M
University: <<NOTE: Public lands. Tennessee. University of Tennessee.>>
Provided further, That the property originally conveyed by the State of
Tennessee to the U.S. Department of Agriculture, Agricultural Research
Service, in Lewisburg, Tennessee be conveyed to the University of
Tennessee.
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, $30,200,000, 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
[[Page 109 STAT. 305]]
cooperative forestry research (16 U.S.C. 582a-582-a7); $27,735,000 for
payments to the 1890 land-grant colleges, including Tuskegee University
(7 U.S.C. 3222); $49,846,000 for special grants for agricultural
research (7 U.S.C. 450i(c)); $9,769,000 for special grants for
agricultural research on improved pest control (7 U.S.C. 450i(c));
$96,735,000 for competitive research grants (7 U.S.C. 450i(b));
$5,051,000 for the support of animal health and disease programs (7
U.S.C. 3195); $650,000 for supplemental and alternative crops and
products (7 U.S.C. 3319d); $500,000 for grants for research pursuant to
the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and
section 1472 of the Food and Agriculture Act of 1977, as amended (7
U.S.C. 3318), to remain available until expended; $475,000 for rangeland
research grants (7 U.S.C. 3331-3336); $3,500,000 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); $4,000,000 for aquaculture
grants (7 U.S.C. 3322); $8,100,000 for sustainable agriculture research
and education (7 U.S.C. 5811); $9,200,000 for a program of capacity
building grants to colleges eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
University, to remain available until expended (7 U.S.C. 2209b);
$1,450,000 for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382; and $10,337,000 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, $421,929,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
native american institutions endowment fund
For establishment of a Native American institutions endowment fund,
as authorized by Public Law 130-382 (7 U.S.C. 301 note), $4,600,000.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities and
for grants to States and other eligible recipients for such purposes, as
necessary to carry out the agricultural research, extension, and
teaching programs of the Department of Agriculture, where not otherwise
provided, $57,838,000, to remain available until expended (7 U.S.C.
2209b).
extension activities
Payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For
payments for cooperative extension work under the Smith-Lever Act, as
amended, to be distributed under sections 3(b) and 3(c) of said Act, and
under section 208(c) of Public Law 93-471, for retirement and employees'
compensation costs for extension agents and for costs of penalty mail
for coopera
[[Page 109 STAT. 306]]
tive extension agents and State extension directors, $268,493,000;
payments for the nutrition and family education program for low-income
areas under section 3(d) of the Act, $60,510,000; 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, $2,943,000;
payments for the pesticide impact assessment program under section 3(d)
of the Act, $3,313,000; payments to upgrade 1890 land-grant college
research, extension, and teaching facilities as authorized by section
1447 of Public Law 95-113, as amended (7 U.S.C. 3222b), $7,782,000, to
remain available until expended; payments for the rural development
centers under section 3(d) of the Act, $936,000; payments for a
groundwater quality program under section 3(d) of the Act, $11,065,000;
payments for the agricultural telecommunications program, as authorized
by Public Law 101-624 (7 U.S.C. 5926), $1,203,000; payments for youth-
at-risk programs under section 3(d) of the Act, $9,850,000; payments for
a food safety program under section 3(d) of the Act, $2,438,000;
payments for carrying out the provisions of the Renewable Resources
Extension Act of 1978, $3,291,000; payments for Indian reservation
agents under section 3(d) of the Act, $1,724,000; payments for
sustainable agriculture programs under section 3(d) of the Act,
$3,411,000; payments for rural health and safety education as authorized
by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note, 2662),
$2,709,000; 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, $12,209,000; in all, $427,750,000: 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, $605,000.
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-
[[Page 109 STAT. 307]]
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, $331,667,000, of which
$4,799,000 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 in fiscal year 1996, amounts in the agricultural quarantine
inspection user fee account shall be available for authorized purposes
without further appropriation: Provided further, 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, <<NOTE: 21 USC 129.>> 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 diseases 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: Provided further, That of the
funds provided, the Secretary of Agriculture may provide for the funding
of all fees or charges under section 2509 of Public Law 101-624,
codified at 21 U.S.C. 136a(c), for any service related to the cost of
providing import, entry, diagnostic and quarantine services in
connection with the 1996 Summer Olympic Games to be held in Atlanta,
Georgia.
In fiscal year 1996 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.
[[Page 109 STAT. 308]]
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, $8,757,000, 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, $46,517,000,
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 $58,461,000 (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 $10,451,000 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.
In fiscal year 1996, no more than $23,900,000 in section 32 funds
shall be used to promote sunflower and cottonseed oil exports as
authorized by section 1541 of Public Law 101-624 (7 U.S.C. 1464 note),
and such funds shall be used to facilitate additional sales of such oils
in world markets.
[[Page 109 STAT. 309]]
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, $23,058,000: 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 services expenses
Not to exceed $42,784,000 (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, $440,000.
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,
$544,906,000, and in addition, $1,000,000 may be credited to this
account from fees collected for the cost of laboratory accreditation as
authorized by section 1017 of Public Law 102-237: Provided, That this
appropriation shall not be available for shell egg surveillance under
section 5(d) of the Egg Products Inspection Act (21 U.S.C. 1034(d)):
Provided further, That this appropriation shall be available for field
employment pursuant to section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $75,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one build
[[Page 109 STAT. 310]]
ing during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Consolidated Farm Service Agency,
Foreign Agricultural Service, and the Commodity Credit Corporation,
$549,000.
Consolidated Farm Service Agency
salaries and expenses
For necessary expenses for carrying out the administration and
implementation of programs administered by the Consolidated Farm Service
Agency, $795,000,000: 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, $100,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That none of the funds contained in
this Act shall be used to make indemnity payments to any farmer whose
milk was removed from commercial markets as a result of his willful
failure to follow procedures prescribed by the Federal Government:
Provided further,
[[Page 109 STAT. 311]]
That this amount shall be transferred to the Commodity Credit
Corporation: Provided further, That the Secretary is authorized to
utilize the services, facilities, and authorities of the Commodity
Credit Corporation for the purpose of making dairy indemnity
disbursements.
outreach for socially disadvantaged farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$1,000,000, to remain available until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $610,000,000, of which $550,000,000 shall be for
guaranteed loans; operating loans, $2,450,000,000, 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, $750,000; for
emergency insured loans, $100,000,000 to meet the needs resulting from
natural disasters.
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, $34,053,000, of which
$20,019,000 shall be for guaranteed loans; operating loans,
$111,505,000, of which $18,360,000 shall be for unsubsidized guaranteed
loans and $17,960,000 shall be for subsidized guaranteed loans; Indian
tribe land acquisition loans as authorized by 25 U.S.C. 488, $206,000;
for emergency insured loans, $32,080,000 to meet the needs resulting
from natural disasters.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $221,541,000, which shall be
transferred to and merged with the following accounts in the following
amounts: $208,446,000 to ``Salaries and Expenses''; $318,000 to ``Rural
Utilities Service, Salaries and Expenses''; and $171,000 to ``Rural
Housing and Community Development Service, Salaries and Expenses''.
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.
[[Page 109 STAT. 312]]
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act, as amended, such sums as may be necessary, to remain
available until expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
reimbursement for net realized losses
For fiscal year 1996, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed (estimated to be $10,400,000,000 in the
President's fiscal year 1996 Budget Request (H. Doc. 104-4)), but not to
exceed $10,400,000,000, pursuant to section 2 of the Act of August 17,
1961, as amended (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 1996, 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, $677,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-590f) including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation,
[[Page 109 STAT. 313]]
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, $629,986,000, to remain available
until expended (7 U.S.C. 2209b), of which not less than $5,852,000 is
for snow survey and water forecasting and not less than $8,875,000 is
for operation and establishment of the plant materials centers:
Provided, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control Act of 1974, as amended (43 U.S.C. 1592(c)): Provided
further, That no part of this appropriation may be expended for soil and
water conservation operations under the Act of April 27, 1935 (16 U.S.C.
590a-590f) in demonstration projects: Provided further, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225)
and not to exceed $25,000 shall be available for employment under 5
U.S.C. 3109: Provided further, That qualified local engineers may be
temporarily employed at per diem rates to perform the technical planning
work of the Service (16 U.S.C. 590e-2).
watershed 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, $100,000,000, to remain available
until expended (7 U.S.C. 2209b) (of which $15,000,000 shall be available
for the watersheds authorized under the Flood Control Act approved June
22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supplemented):
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $200,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That not to exceed
$1,000,000 of this appropriation is available to carry out the purposes
of the Endangered Species Act of 1973 (Public Law 93-205), as amended,
including cooperative efforts as contemplated by that Act to relocate
endangered or threatened species to other suitable habitats as may be
necessary to expedite project construction.
[[Page 109 STAT. 314]]
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), $29,000,000, 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
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
colorado river basin salinity control program
For necessary expenses for carrying out a voluntary cooperative
salinity control program pursuant to section 202(c) of title II of the
Colorado River Basin Salinity Control Act, as amended (43 U.S.C.
1592(c)), to be used to reduce salinity in the Colorado River and to
enhance the supply and quality of water available for use in the United
States and the Republic of Mexico, $2,681,000, to remain available until
expended (7 U.S.C. 2209b), to be used for the establishment of on-farm
irrigation management systems, including lateral improvement measures,
for making cost-share payments to agricultural landowners and operators,
Indian tribes, irrigation districts and associations, local governmental
and nongovernmental entities, and other landowners to aid them in
carrying out approved conservation practices as determined and
recommended by the Secretary, and for associated costs of program
planning, information and education, and program monitoring and
evaluation.
watershed surveys and planning
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954, as amended
(16 U.S.C. 1001-1009), $14,000,000: Provided, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $110,000 shall be available for employment under 5 U.S.C. 3109.
[[Page 109 STAT. 315]]
wetlands reserve program
(including transfers of funds)
For necessary expenses to carry out the wetlands reserve program
pursuant to subchapter C of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3837), $77,000,000, to remain available until
expended: Provided, That the Secretary is authorized to use the
services, facilities, and authorities of the Commodity Credit
Corporation for the purpose of carrying out the wetlands reserve
program.
Consolidated Farm Service Agency
agricultural conservation program
(including transfers of funds)
For necessary expenses to carry into effect the program authorized
in sections 7 to 15, 16(a), 16(f), and 17 of the Soil Conservation and
Domestic Allotment Act approved February 29, 1936, as amended and
supplemented (16 U.S.C. 590g-590o, 590p(a), 590p(f), and 590q), and
sections 1001-1004, 1006-1008, and 1010 of the Agricultural Act of 1970,
as added by the Agriculture and Consumer Protection Act of 1973 (16
U.S.C. 1501-1504, 1506-1508, and 1510), and including not to exceed
$15,000 for the preparation and display of exhibits, including such
displays at State, interstate, and international fairs within the United
States, $75,000,000, to remain available until expended (16 U.S.C.
590o), for agreements, excluding administration but including technical
assistance and related expenses (16 U.S.C. 590o), except that no
participant in the agricultural conservation program shall receive more
than $3,500 per year, except where the participants from two or more
farms or ranches join to carry out approved practices designed to
conserve or improve the agricultural resources of the community, or
where a participant has a long-term agreement, in which case the total
payment shall not exceed the annual payment limitation multiplied by the
number of years of the agreement: Provided, That no portion of the funds
for the current year's program may be utilized to provide financial or
technical assistance for drainage on wetlands now designated as Wetlands
Types 3 (III) through 20 (XX) in United States Department of the
Interior, Fish and Wildlife Circular 39, Wetlands of the United States,
1956: Provided further, That such amounts shall be available for the
purchase of seeds, fertilizers, lime, trees, or any other conservation
materials, or any soil-terracing services, and making grants thereof to
agricultural producers to aid them in carrying out approved farming
practices as authorized by the Soil Conservation and Domestic Allotment
Act, as amended, as determined and recommended by the county committees,
approved by the State committees and the Secretary, under programs
provided for herein: Provided further, That such assistance will not be
used for carrying out measures and practices that are primarily
production-oriented or that have little or no conservation or pollution
abatement benefits: Provided further, That not to exceed 5 percent of
the allocation for the current year's program for any county may, on the
recommendation of such county committee and approval of the State
committee, be withheld and allotted to the Natural Resources
Conservation Service for services
[[Page 109 STAT. 316]]
of its technicians in formulating and carrying out the agricultural
conservation program in the participating counties, and shall not be
utilized by the Natural Resources Conservation Service for any purpose
other than technical and other assistance in such counties, and in
addition, on the recommendation of such county committee and approval of
the State committee, not to exceed 1 percent may be made available to
any other Federal, State, or local public agency for the same purpose
and under the same conditions: Provided further, That not to exceed
$11,000,000 of the amount appropriated shall be used for water quality
payments and practices in the same manner as permitted under the program
for water quality authorized in chapter 2 of subtitle D of title XII of
the Food Security Act of 1985, as amended (16 U.S.C. 3838 et seq.).
conservation reserve program
(including transfers of funds)
For necessary expenses to carry out the conservation reserve program
pursuant to the Food Security Act of 1985 (16 U.S.C. 3831-3845),
$1,781,785,000, to remain available until expended, to be used for
Commodity Credit Corporation expenditures for cost-share assistance for
the establishment of conservation practices provided for in approved
conservation reserve program contracts, for annual rental payments
provided in such contracts, and for technical assistance.
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Economic and Community
Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Economic and Community Development to administer
programs under the laws enacted by the Congress for the Rural Housing
and Community Development Service, Rural Business and Cooperative
Development Service, and the Rural Utilities Service of the Department
of Agriculture, $568,000.
Rural Housing and Community Development Service
salaries and expenses
For necessary expenses of the Rural Housing and Community
Development 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,
$46,583,000: 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 $500,000 may be used for employment under 5
U.S.C. 3109.
[[Page 109 STAT. 317]]
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: $2,700,000,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $1,700,000,000 shall be for
unsubsidized guaranteed loans; $35,000,000 for section 504 housing
repair loans; $15,000,000 for section 514 farm labor housing;
$150,000,000 for section 515 rental housing; $600,000 for site loans:
Provided, That notwithstanding section 520 of the Housing Act of 1949,
the Secretary of Agriculture may make loans under section 502 of such
Act for properties in the Pine View West Subdivision, located in
Gibsonville, North Carolina, in the same manner as provided under such
section for properties in rural areas.
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, $148,723,000, of which
$2,890,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $14,193,000; section 514 farm labor housing,
$8,629,000; section 515 rental housing, $82,035,000: Provided, That no
funds for new construction may be available for fiscal year 1996 until
the program is authorized.
In addition, for the cost (as defined in section 502 of the
Congressional Budget Act of 1974) of guaranteed loans under a
demonstration program of loan guarantees for multifamily rental housing
in rural areas, $1,000,000, to be derived from the amount made available
under this heading for the cost of low-income section 515 loans and to
become available for obligation only upon the enactment of authorizing
legislation.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $385,889,000, of which $372,897,000
shall be transferred to and merged with the appropriation for ``Rural
Housing and Community Development 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 forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, as amended,
$540,900,000; and in addition such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount not
more than $5,900,000 shall be available for debt forgiveness or payments
for eligible households as authorized by section 502(c)(5)(D) of the
Act, and not to exceed $10,000 per project for advances to nonprofit
organizations or public agencies to cover direct costs (other than
purchase price) incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That agreements entered into
or renewed during fiscal year 1996 shall be funded for a five-year
period, although
[[Page 109 STAT. 318]]
the life of any such agreement may be extended to fully utilize amounts
obligated.
self-help housing land development fund
For the principal amount of direct loans, as authorized by section
523(b)(1)(B) of the Housing Act of 1949, as amended (42 U.S.C. 1490c),
$603,000.
For the cost of direct loans, including the cost of modifying loans,
as defined in section 502 of the Congressional Budget Act of 1974,
$31,000.
community facility loans program account
(including transfers of funds)
For the cost of direct loans, $34,880,000, and for the cost of
guaranteed loans, $3,555,000, as authorized by 7 U.S.C. 1928 and 86
Stat. 661-664, as amended: 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 such sums shall
remain available until expended for the disbursement of loans obligated
in fiscal year 1996: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans not
to exceed $200,000,000 and total loan principal, any part of which is to
be guaranteed, not to exceed $75,000,000: Provided further, That of the
amounts available for the cost of direct loans not to exceed $1,208,000,
to subsidize gross obligations for the principal amount not to exceed
$6,930,000, shall be available for empowerment zones and enterprise
communities, as authorized by Public Law 103-66: Provided further, That
if such funds are not obligated for empowerment zones and enterprise
communities by June 30, 1996, they remain available for other authorized
purposes under this head.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $8,836,000, of which $8,731,000 shall be
transferred to and merged with the appropriation for ``Salaries and
Expenses''.
very low-income housing repair grants
For grants to the very low-income elderly for essential repairs to
dwellings pursuant to section 504 of the Housing Act of 1949, as
amended, $24,900,000, to remain available until expended.
rural housing for domestic farm labor
For financial assistance to eligible nonprofit organizations for
housing for domestic farm labor, pursuant to section 516 of the Housing
Act of 1949, as amended (42 U.S.C. 1486), $10,000,000, to remain
available until expended.
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), $12,650,000, to remain available
until expended (7 U.S.C. 2209b).
[[Page 109 STAT. 319]]
rural community fire protection grants
For grants pursuant to section 7 of the Cooperative Forestry
Assistance Act of 1978 (Public Law 95-313), $2,000,000 to fund up to 50
percent of the cost of organizing, training, and equipping rural
volunteer fire departments.
compensation for construction defects
For compensation for construction defects as authorized by section
509(c) of the Housing Act of 1949, as amended, $495,000, to remain
available until expended.
rural housing preservation grants
For grants for rural housing preservation as authorized by section
552 of the Housing and Urban-Rural Recovery Act of 1983 (Public Law 98-
181), $11,000,000.
Rural Business and Cooperative Development Service
salaries and expenses
For necessary expenses of the Rural Business and Cooperative
Development 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; $9,013,000: 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 $250,000 may be used for
employment under 5 U.S.C. 3109.
rural business and industry loans program account
(including transfers of funds)
For the cost of guaranteed loans, $6,437,000, as authorized by 7
U.S.C. 1928 and 86 Stat. 661-664, as amended: 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 such sums shall remain available until expended for the
disbursement of loans obligated in fiscal year 1996: Provided further,
That these funds are available to subsidize gross obligations for the
principal amount of guaranteed loans of $500,000,000: Provided further,
That of the amounts available for the cost of guaranteed loans including
the cost of modifying loans, $148,000, to subsidize gross obligations
for the loan principal, any part of which is guaranteed, not to exceed
$10,842,000, shall be available for empowerment zones and enterprise
communities, as authorized by Public Law 103-66: Provided further, That
if such funds are not obligated for empowerment zones and enterprise
communities by June 30, 1996, they remain available for other authorized
activities under this head.
[[Page 109 STAT. 320]]
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $14,868,000, of which $14,747,000 shall be
transferred to and merged with the appropriation for ``Salaries and
Expenses''.
rural development loan fund program account
For the cost of direct loans, $22,395,000, 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 $37,544,000: Provided
further, That through June 30, 1996, of these amounts, $4,322,000 shall
be available for the cost of direct loans, for empowerment zones and
enterprise communities, as authorized by title XIII of the Omnibus
Budget Reconcilation Act of 1993, to subsidize gross obligations for the
principal amount of direct loans, $7,246,000.
In addition, for administrative expenses necessary to carry out the
direct loan programs, $1,476,000, of which $1,470,000 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, 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,
$3,729,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $654,000, which shall be transferred to and merged
with the appropriation for ``Salaries and Expenses''.
alternative agricultural research and commercialization revolving fund
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901-5908),
$6,500,000 is appropriated to the alternative agricultural research and
commercialization revolving fund.
rural business enterprise grants
For grants authorized under section 310B(c) and 310B(j) (7 U.S.C.
1932) of the Consolidated Farm and Rural Development Act to any
qualified public or private nonprofit organization, $45,000,000, of
which $8,381,000 shall be available through June 30, 1996, for
assistance to empowerment zones and enterprise communities, as
authorized by title XIII of the Omnibus Budget Reconciliation Act of
1993, after which any funds not obligated shall remain available for
other authorized purposes under this head: Provided, That $500,000 shall
be available for grants to qualified nonprofit organizations to provide
technical assistance
[[Page 109 STAT. 321]]
and training for rural communities needing improved passenger
transportation systems or facilities in order to promote economic
development.
rural technology and cooperative development grants
For grants pursuant to section 310(f) of the Consolidated Farm and
Rural Development Act, as amended (7 U.S.C. 1932), $2,300,000, of which
up to $1,300,000 may be available for the appropriate technology
transfer for rural areas program.
Rural Utilities Service
rural electrification and telephone 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, $90,000,000; 5 percent
rural telephone loans, $70,000,000; cost of money rural telephone loans,
$300,000,000; municipal rate rural electric loans, $525,000,000; and
loans made pursuant to section 306 of that Act, $420,000,000, to remain
available until expended.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936, as
amended (7 U.S.C. 935), as follows: cost of direct loans, $35,126,000;
cost of municipal rate loans, $56,858,000; cost of money rural telephone
loans, $60,000; cost of loans guaranteed pursuant to section 306,
$2,520,000: 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 1996 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), $5,023,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,541,000.
[[Page 109 STAT. 322]]
distance learning and medical link grants
For necessary expenses to carry into effect the programs authorized
in sections 2331-2335 of Public Law 101-624, $7,500,000, to remain
available until expended.
rural utilities assistance program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1928, and 1932, $487,868,000, to remain
available until expended, to be available for loans and grants for rural
water and waste disposal and solid waste management grants: Provided,
That the costs of direct loans and loan guarantees, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That of the total
amount appropriated, not to exceed $4,500,000 shall be available for
contracting with the National Rural Water Association or equally
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That of
the total amount appropriated, not to exceed $18,700,000 shall be
available for water and waste disposal systems to benefit the Colonias
along the United States/Mexico border, including grants pursuant to
section 306C: Provided further, That of the total amount appropriated,
$18,688,000 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, 1996, they shall remain available for other authorized purposes
under this head.
In addition, for administrative expenses necessary to carry out
direct loans, loan guarantees, and grants, $12,740,000, of which
$12,623,000 shall be transferred to and merged with ``Rural Utilities
Service, Salaries and Expenses''.
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, $18,449,000, of which $7,000 shall be available for
financial credit reports: 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 $103,000 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,
$440,000.
[[Page 109 STAT. 323]]
Food and Consumer Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751-1769b), and the applicable provisions other than section
21 of the National School Lunch Act and sections 17 and 19 of the Child
Nutrition Act of 1966 (42 U.S.C. 1772-1785, and 1789); $7,946,024,000,
to remain available through September 30, 1997, of which $2,348,166,000
is hereby appropriated and $5,597,858,000 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 up to $3,964,000 shall be available for
independent verification of school food service claims.
special supplemental nutrition program for women, infants, and children
(wic)
(including transfers of funds)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $3,729,807,000, to remain available through
September 30, 1997: Provided, That for fiscal year 1996, $20,000,000
that would otherwise be available to States for nutrition services and
administration shall be made available for food benefits: Provided
further, That $4,000,000 from unobligated balances for supervisory and
technical assistance grants may be transferred to and merged with this
account: Provided further, That up to $6,750,000 may be used to carry
out the farmers' market nutrition program from any funds not needed to
maintain current caseload levels: Provided further, That 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 once the amount for fiscal year 1995 carryover funds has
been determined by the Secretary, any funds in excess of $100,000,000
may be transferred by the Secretary of Agriculture to the Rural
Utilities Assistance Program and shall remain available until expended:
Provided further, That none of the funds provided in this account shall
be available for the purchase of infant formula except in accordance
with the cost containment and competitive bidding requirements specified
in section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011-2029), $27,597,828,000: Provided, That funds provided herein shall
remain available through September 30, 1996, in accordance with section
18(a) of the Food Stamp Act: Provided further, That $500,000,000 of the
foregoing amount shall be placed in reserve for use only in such amounts
and at such times as may become necessary to carry out program
operations: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or
[[Page 109 STAT. 324]]
workfare requirements as may be required by law: Provided further, That
$1,143,000,000 of the foregoing amount shall be available for nutrition
assistance for Puerto Rico as authorized by 7 U.S.C. 2028.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c(note)), the Emergency Food
Assistance Act of 1983, as amended, and section 110 of the Hunger
Prevention Act of 1988, $166,000,000, to remain available through
September 30, 1997: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That none of the funds in this
Act or any other Act may be used for demonstration projects in the
emergency food assistance program.
food donations programs for selected groups
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)), section 4(b)
of the Food Stamp Act (7 U.S.C. 2013(b)), and section 311 of the Older
Americans Act of 1965, as amended (42 U.S.C. 3030a), $215,000,000, to
remain available through September 30, 1997: Provided, That <<NOTE: 42
USC 3030a note.>> hereafter notwithstanding any other provision of law,
for meals provided pursuant to the Older Americans Act of 1965, a
maximum rate of reimbursement to States will be established by the
Secretary, subject to reduction if obligations would exceed the amount
of available funds, with any unobligated funds to remain available only
for obligation in the fiscal year beginning October 1, 1996.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $107,769,000, 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
(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
[[Page 109 STAT. 325]]
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), $124,775,000, of which $5,176,000 may be transferred from
Commodity Credit Corporation funds, $2,792,000 may be transferred from
the Commodity Credit Corporation program account in this Act, and
$1,005,000 may be transferred from the Public Law 480 program account in
this Act: Provided, That the Service may utilize advances of funds, or
reimburse this appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions under
agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1736) and the foreign assistance programs
of the International Development Cooperation Administration (22 U.S.C.
2392): Provided further, That none of the funds made available by this
Act may be used to carry out activities of the market promotion program
(7 U.S.C. 5623) which provides direct grants to any for-profit
corporation that is not recognized as a small business concern under
section 3(a) of the Small Business Act (15 U.S.C. 632(a)), excluding
cooperatives and associations as described in 7 U.S.C. 291 and non-
profit trade associations: Provided further, That funds available to
trade associations, cooperatives, and small businesses may be used for
individual branded promotions; with the beneficiaries having matched the
cost of such promotions.
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) $291,342,000 for Public Law 480 title I credit,
including Food for Progress programs; (2) $25,000,000 is hereby
appropriated for ocean freight differential costs for the shipment of
agricultural commodities pursuant to title I of said Act and the Food
for Progress Act of 1985, as amended; (3) $821,100,000 is hereby
appropriated for commodities supplied in connection with dispositions
abroad pursuant to title II of said Act, of which $60,000,000 shall be
financed from funds credited to the Commodity Credit Corporation
pursuant to section 426 of Public Law 103-465; and (4) $50,000,000 is
hereby appropriated for commodities supplied in connection with
dispositions abroad pursuant to title III of said Act: Provided, That
not to exceed 15 percent of the funds made available to carry out any
title of said Act may be used to carry out any other title of said Act:
Provided further, That such sums shall remain available until expended
(7 U.S.C. 2209b).
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct credit agreements as authorized by the
Agricultural Trade Development and Assistance Act of 1954, as amended,
and the Food for Progress Act of 1985, as amended, including the cost of
modifying credit agreements under said Act, $236,162,000.
[[Page 109 STAT. 326]]
In addition, for administrative expenses to carry out the Public Law
480 title I credit program, and the Food for Progress Act of 1985, as
amended, to the extent funds appropriated for Public Law 480 are
utilized, $1,750,000.
short-term export credit
The Commodity Credit Corporation shall make available not less than
$5,200,000,000 in credit guarantees under its export credit guarantee
program for short-term credit extended to finance the export sales of
United States agricultural commodities and the products thereof, as
authorized by section 202(a) of the Agricultural Trade Act of 1978 (7
U.S.C. 5641).
intermediate-term export credit
The Commodity Credit Corporation shall make available not less than
$500,000,000 in credit guarantees under its export credit guarantee
program for intermediate-term credit extended to finance the export
sales of United States agricultural commodities and the products
thereof, as authorized by section 202(b) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5641).
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM-102 and GSM-103, $3,381,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which not to exceed $2,792,000 may
be transferred to and merged with the appropriation for the salaries and
expenses of the Foreign Agricultural Service, and of which not to exceed
$589,000 may be transferred to and merged with the appropriation for the
salaries and expenses of the Consolidated Farm Service Agency.
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; $904,694,000, of
which not to exceed $84,723,000 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
[[Page 109 STAT. 327]]
received during fiscal year 1996 shall be subject to the fiscal year
1996 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.
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, $12,150,000, 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,
$15,453,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act, as amended (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles; the rental of space (to include
multiple year leases) in the District of Columbia and elsewhere; and not
to exceed $25,000 for employment under 5 U.S.C. 3109; $53,601,000,
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,
[[Page 109 STAT. 328]]
and notwithstanding 31 U.S.C. 3302, said fees shall be credited to this
account, to be available without further appropriation.
Farm Credit Administration
administrative provision
Sec. 601. <<NOTE: Health and health care. 5 USC 8901 note.>> (a) For
purposes of the administration of chapter 89 of title 5, United States
Code, any period of enrollment under a health benefits plan administered
by the Farm Credit Administration prior to the effective date of this
Act shall be deemed to be a period of enrollment in a health benefits
plan under chapter 89 of such title.
(b)(1) An individual who, on September 30, 1995, is covered by a
health benefits plan administered by the Farm Credit Administration may
enroll in an approved health benefits plan described under section 8903
or 8903a of title 5, United States Code--
(A) either as an individual or for self and family, if such
individual is an employee, annuitant, or former spouse as
defined under section 8901 of such title; and
(B) for coverage effective on and after September 30, 1995.
(2) An individual who, on September 30, 1995, is entitled to
continued coverage under a health benefits plan administered by the Farm
Credit Administration--
(A) shall be deemed to be entitled to continued coverage
under section 8905a of title 5, United States Code, for the same
period that would have been permitted under the plan
administered by the Farm Credit Administration; and
(B) may enroll in an approved health benefits plan described
under sections 8903 or 8903a of such title in accordance with
section 8905A of such title for coverage effective on and after
September 30, 1995.
(3) An individual who, on September 30, 1995, is covered as an
unmarried dependent child under a health benefits plan administered by
the Farm Credit Administration and who is not a member of family as
defined under section 8901(5) of title 5, United States Code--
(A) shall be deemed to be entitled to continued coverage
under section 8905a of such title as though the individual had,
on September 30, 1995, ceased to meet the requirements for being
considered an unmarried dependent child under chapter 89 of such
title; and
(B) may enroll in an approved health benefits plan described
under section 8903 or 8903a of such title in accordance with
section 8905a for continued coverage on and after September 30,
1995.
(c) The Farm Credit Administration shall transfer to the Federal
Employees Health Benefits Fund established under section 8909 of title
5, United States Code, amounts determined by the Director of the Office
of Personnel Management, after consultation with the Farm Credit
Administration, to be necessary to reimburse the Fund for the cost of
providing benefits under this section not otherwise paid for by the
individuals covered by this section. The amount so transferred shall be
held in the Fund and used by the Office in addition to the amounts
available under section 8906(g)(1) of such title.
(d) The Office of Personnel Management--
[[Page 109 STAT. 329]]
(1) shall administer the provisions of this section to
provide for--
(A) a period of notice and open enrollment for
individuals affected by this section; and
(B) no lapse of health coverage for individuals who
enroll in a health benefits plan under chapter 89 of
title 5, United States Code, in accordance with this
section; and
(2) may prescribe regulations to implement this section.
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 1996 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 665
passenger motor vehicles, of which 642 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. <<NOTE: 7 USC 1623a.>> 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. <<NOTE: 7 USC 2209b.>> 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, and
integrated systems acquisition project; Consolidated Farm Service
Agency, salaries and expenses funds made available to county committees;
and Foreign Agricultural Service, middle-income country training
program.
New obligational authority for the boll weevil program; up to 10
percent of the screwworm program of the Animal and Plant Health
Inspection Service; Food Safety and Inspection Service, field automation
and information management project; funds appropriated for rental
payments; funds for the Native American institutions endowment fund in
the Cooperative State Research, Education, and Extension Service, and
funds for the competitive research grants (7 U.S.C. 450i(b)) shall
remain available until expended.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to Public Law 94-
449.
[[Page 109 STAT. 330]]
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. <<NOTE: 7 USC 612c note.>> 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 1995 or
prohibit an expansion of rental space or services with the use of funds
otherwise appropriated in this Act. Further, no agency of the Department
of Agriculture, from funds otherwise available, shall reimburse the
General Services Administration for payment of space rental and related
costs provided to such agency at a percentage rate which is greater than
is available in the case of funds appropriated in this Act.
Sec. 711. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 712. With the exception of grants awarded under the Small
Business Innovation Development Act of 1982, Public Law 97-219, as
amended (15 U.S.C. 638), none of the funds in this Act shall be
available to pay indirect costs on research grants awarded competitively
by the Cooperative State Research, Education, and Extension Service that
exceed 14 percent of total Federal funds provided under each award.
Sec. 713. Notwithstanding any other provisions of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 714. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 1996
shall remain available until expended to cover obligations made in
fiscal year 1996 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 1996 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 716. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the
[[Page 109 STAT. 331]]
entity will comply with sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a-10c; popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of
the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 717. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service
may use cooperative agreements to reflect a relationship between
Agricultural Marketing Service and a State or Cooperator to carry out
agricultural marketing programs.
Sec. 718. <<NOTE: 7 USC 1446h note.>> Prohibition on Use of Funds
for Honey Payments or Loan Forfeitures.--Notwithstanding any other
provision of this Act, none of the funds appropriated or otherwise made
available by this Act shall be used by the Secretary of Agriculture to
provide for a total amount of payments and/or total amount of loan
forfeitures to a person to support the price of honey under section 207
of the Agricultural Act of 1949 (7 U.S.C. 1446h) and section 405A of
such Act (7 U.S.C. 1425a) in excess of zero dollars in the 1994, 1995,
and 1996 crop years.
Sec. 719. None of the funds in this Act may be used to retire more
than 5% of the Class A stock of the Rural Telephone Bank.
Sec. 720. None of the funds appropriated or otherwise made available
by this Act may be used to provide benefits to households whose benefits
are calculated using a standard deduction greater than the standard
deduction in effect for fiscal year 1995.
Sec. 721. None of the funds made available in this Act may be used
for any program, project, or activity when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any
applicable Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
Sec. 722. None of the funds made available in this Act shall be used
to increase, from the fiscal year 1995 level, the level of Full Time
Equivalency Positions (whether through new hires or by transferring full
time equivalents from other offices) in any
[[Page 109 STAT. 332]]
of the following Food and Drug Administration offices: Office of the
Commissioner, Office of Policy, Office of External Affairs (Immediate
Office, as well as Office of Health Affairs, Office of Legislative
Affairs, Office of Consumer Affairs, and Office of Public Affairs), and
the Office of Management and Systems (Immediate Office, as well as
Office of Planning and Evaluation and Office of Management).
Sec. 723. 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 program pursuant to section 203 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623) that provides assistance
to, the U.S. Mink Export Development Council or any mink industry trade
association.
Sec. 724. None of the funds appropriated or otherwise made available
by this Act shall be used to enroll in excess of 100,000 acres in the
fiscal year 1996 wetlands reserve program, as authorized by 16 U.S.C.
3837.
Sec. 725. None of the funds appropriated or otherwise made available
by this Act shall be used to enroll additional acres in the Conservation
Reserve Program authorized by 16 U.S.C. 3831-3845: Provided, That
1,579,000 new acres shall be enrolled in the program in the year
beginning January 1, 1997.
Sec. 726. None of the funds appropriated or otherwise made available
by this Act may be used to develop compliance guidelines, implement or
enforce a regulation promulgated by the Food Safety and Inspection
Service on August 25, 1995 (60 Fed. Reg. 44396): Provided, That this
regulation shall take effect only if legislation is enacted into law
which directs the Secretary of Agriculture to promulgate such
regulation, or the House Committee on Agriculture and the Senate
Committee on Agriculture, Nutrition and Forestry receive and approve a
proposed revised regulation submitted by the Secretary of Agriculture.
Sec. 727. None of the funds appropriated or made available to the
Food and Drug Administration by this Act shall be used to operate the
Board of Tea Experts.
Sec. 728. None of the funds available in this Act shall be used for
any action, including the development or assertion of any position or
recommendation by or on behalf of the Forest Service, that directly or
indirectly results in the loss of or restriction on the diversion and
use of water from existing water supply facilities located on National
Forest lands by the owners of such facilities, or result in a material
increase in the cost of such yield to the owners of the water supply:
Provided, That nothing in this section shall preclude a mutual agreement
between any agency of the Department of Agriculture and a State or local
governmental entity or private entity or individual.
Sec. 729. <<NOTE: Effective date.>> Upon the date of enactment of
this Act, the Secretary of Agriculture shall not enforce Federal
regulation 36 CFR Part 223 promulgated on September 8, 1995, for a
period of no less than 120 days: Provided, That during such time the
Secretary shall take notice and public comment on the regulations and
make the necessary revisions to reflect public comment. Any fines
assessed pursuant to 36 CFR Part 223, from the effective date of said
regulation to the date of enactment of this Act, shall be null and void.
During the 120 day period, the interim regulatory guidelines published
pursuant to 55 CFR 48572 and 56 CFR 65834 shall remain in effect.
[[Page 109 STAT. 333]]
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1996''.
Approved October 21, 1995.
LEGISLATIVE HISTORY--H.R. 1976:
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HOUSE REPORTS: Nos. 104-172 (Comm. on Appropriations) and 104-268 (Comm.
of Conference).
SENATE REPORTS: No. 104-142 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 141 (1995):
July 19-21, considered and passed House.
Sept. 18-20, considered and passed Senate, amended.
Oct. 12, House and Senate agreed to conference report.
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