[105th Congress Public Law 277]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ277.105]
[[Page 112 STAT. 2681]]
*Public Law 105-277
105th Congress
An Act
Making omnibus consolidated and emergency appropriations for the fiscal
year ending September 30, 1999, and for other purposes. <<NOTE: Oct. 21,
1998 - [H.R. 4328]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999.>> Congress assembled,
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the several departments,
agencies, corporations and other organizational units of the Government
for the fiscal year 1999, and for other purposes, namely:
Sec. 101. (a) For programs, projects or activities in the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
<<NOTE: Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999.>> AN ACT Making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1999, and for other purposes.
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this amount,
along with any unobligated balances of representation funds in the
Foreign Agricultural Service, shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary: Provided further, That none of the funds appropriated
or otherwise made available by this Act may be used to pay the salaries
and expenses of personnel of the Department of Agriculture to carry out
section 793(c)(1)(C) of Public Law 104-127: Provided further, That none
of the funds made available by this Act may be used to enforce section
793(d) of Public Law 104-127.
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*Note: This is a typeset print of the original hand enrollment as
signed by the President on October 21, 1998. The text is printed without
corrections.
112 STAT. 2681-
112 STAT. 2681-
112 STAT. 2681-
PUBLIC LAW 105-277--OCT. 21, 1998
PUBLIC LAW 105-277--OCT. 21, 1998
PUBLIC LAW 105-277--OCT. 21, 1998
[[Page 112 STAT. 2681-1]]
Executive Operations
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, and the functions of
the World Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $5,620,000.
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,718,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $6,120,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $10,000 is for employment under 5 U.S.C. 3109, $5,551,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109, $4,283,000: Provided,
That the Chief Financial Officer shall actively market cross-servicing
activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this
Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
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
[[Page 112 STAT. 2681-2]]
to the Department of Agriculture under 40 U.S.C. 486, for programs and
activities of the Department which are included in this Act, and for the
operation, maintenance, and repair of Agriculture buildings,
$132,184,000: Provided, That in the event an agency within the
Department should require modification
of space needs, the Secretary of Agriculture may transfer a share of
that agency's appropriation made available by this Act to this
appropriation, or may transfer a share of this appropriation to that
agency's appropriation, but such transfers shall not exceed 5 percent of
the funds made available for space rental and related costs to or from
this account. In addition, for construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the programs of the Department, where not
otherwise provided, $5,000,000, to remain available until expended;
making a total appropriation of $137,184,000.
Hazardous Waste Management
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recovery Act,
42 U.S.C. 6961, $15,700,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Waste Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
For Departmental Administration, $32,168,000, 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.
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.
[[Page 112 STAT. 2681-3]]
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
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,668,000: Provided, That no other
funds appropriated to the Department by this Act shall be available to
the Department for support of activities of congressional relations:
Provided further, That not less than $2,241,000 shall be transferred to
agencies funded by this Act to maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemination
of agricultural information, and the coordination of information, work,
and programs authorized by Congress in the Department, $8,138,000,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 shall be available for employment under 5 U.S.C. 3109, and not
to exceed $2,000,000 may be used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General
Act of 1978, $65,128,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including a sum not to exceed $50,000 for employment under 5
U.S.C. 3109; and including a sum not to exceed $100,000 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 <<NOTE: 7 USC 2270a.>> of Public Law
97-98: Provided, That for fiscal year 1999 and thereafter, funds
transferred to the Office of the Inspector General through forfeiture
proceedings or from the Department of Justice Assets Forfeiture Fund or
the Department of the Treasury Forfeiture Fund, as a participating
agency, as an equitable share from the forfeiture of property in
investigations in which the Office of the Inspector General
participates, or through the granting of a Petition for Remission or
Mitigation, shall be deposited to the credit of this account for law
enforcement activities authorized under the Inspector General Act of
1978, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$29,194,000.
[[Page 112 STAT. 2681-4]]
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$540,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$65,757,000: Provided, That $2,000,000 shall be transferred to and
merged with the appropriation for ``Food and Nutrition Service, Food
Program Administration'' for studies and evaluations: Provided further,
That this appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
marketing surveys, and the Census of Agriculture, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), the Census of
Agriculture Act of 1997 (Public Law 105-113), and other laws,
$103,964,000, of which up to $23,599,000 shall be available until
expended for the Census of Agriculture: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $40,000 shall be available for employment under 5
U.S.C. 3109.
Agricultural Research Service
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percentof
the total value of the land or interests transferred out of Federal
ownership, $785,518,000: 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:
<<NOTE: 7 USC 2254.>> Provided further, That appropriations hereunder
shall be available for the
[[Page 112 STAT. 2681-5]]
operation and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $250,000, except for headhouses or greenhouses which
shall each be limited to $1,000,000, and except for ten buildings to be
constructed or improved at a cost not to exceed $500,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$250,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center, including an
easement to the University of Maryland to construct the Transgenic
Animal Facility which upon completion shall be accepted by the Secretary
as a gift: Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act of April
24, 1948 (21 U.S.C. 113a): Provided further, That funds may be received
from any State, other political subdivision, organization, or individual
for the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
In fiscal year 1999, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $56,437,000, 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
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $180,545,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry
research (16 U.S.C. 582a-a7); $29,676,000 for
[[Page 112 STAT. 2681-6]]
payments to the 1890 land-grant colleges, including Tuskegee University
(7 U.S.C. 3222); $63,116,000 for special grants for agricultural
research (7 U.S.C. 450i(c)); $15,048,000 for special grants for
agricultural research on improved pest control (7 U.S.C. 450i(c));
$119,300,000 for competitive research grants (7 U.S.C. 450i(b));
$5,109,000 for the support of animal health and disease programs (7
U.S.C. 3195); $750,000 for supplemental and alternative crops and
products (7 U.S.C. 3319d); $600,000 for grants for research pursuant to
the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and
section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 3318), to
remain available until expended; $3,000,000 for higher education
graduate fellowship grants (7 U.S.C. 3152(b)(6)), to remain available
until expended (7 U.S.C. 2209b); $4,350,000 for higher education
challenge grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,850,000 for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241); $500,000 for a secondary agriculture education program and two-
year postsecondary education (7 U.S.C. 3152 (h)); $4,000,000 for
aquaculture grants (7 U.S.C. 3322); $8,000,000 for sustainable
agriculture research and education (7 U.S.C. 5811); $9,200,000 for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.
321-326 and 328), including Tuskegee University, to remain available
until expended (7 U.S.C. 2209b); $1,552,000 for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382; and
$10,688,000 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, $481,216,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions endowment fund,
as authorized by Public Law 103-382 (7 U.S.C. 301 note), $4,600,000.
Extension Activities
Payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For
payments for cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under section
208(c) of Public Law 93-471, for retirement and employees' compensation
costs for extension agents and for costs of penalty mail for cooperative
extension agents and State extension directors, $276,548,000; payments
for extension work at the 1994 Institutions under the Smith-Lever Act (7
U.S.C. 343(b)(3)),
$2,060,000; payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,695,000; payments
for the pest management program under section 3(d) of the Act,
$10,783,000; payments for the farm safety program under section 3(d) of
the Act, $3,000,000; payments for the pesticide impact assessment
program under section 3(d) of the Act, $3,214,000; payments to upgrade
research, extension, and
[[Page 112 STAT. 2681-7]]
teaching facilities at the 1890 land-grant colleges, including Tuskegee
University, as authorized by section 1447 of Public Law 95-113 (7 U.S.C.
3222b), $8,426,000, to remain available until expended; payments for the
rural development centers under section 3(d) of the Act, $908,000;
payments for a groundwater quality program under section 3(d) of the
Act, $9,561,000; payments for youth-at-risk programs under section 3(d)
of the Act, $9,000,000; payments for a food safety program under section
3(d) of the Act, $7,365,000; payments for carrying out the provisions of
the Renewable Resources Extension Act of 1978, $3,192,000; payments for
Indian reservation agents under section 3(d) of the Act, $1,714,000;
payments for sustainable agriculture programs under section 3(d) of the
Act, $3,309,000; payments for rural health and safety education as
authorized by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note,
2662), $2,628,000; payments for cooperative extension work by the
colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-
326 and 328) and Tuskegee University, $25,843,000; and for Federal
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and
to coordinate and provide program leadership for the extension work of
the Department and the several States and insular possessions,
$11,741,000; in all, $437,987,000: Provided, That funds hereby
appropriated pursuant to section 3(c) of the Act of June 26, 1953, and
section 506 of the Act of June 23, 1972, shall not be paid to any State,
the District of Columbia, Puerto Rico, Guam, or the Virgin Islands,
Micronesia, Northern Marianas, and American Samoa prior to availability
of an equal sum from non-Federal sources for expenditure during the
current fiscal year.
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, the Agricultural Marketing Service, and the Grain
Inspection, Packers and Stockyards Administration, $618,000.
Animal and Plant Health Inspection Service
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under the Act
of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the
environment, as authorized by law, $425,803,000, of which $4,105,000
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds to
the extent necessary to meet emergency conditions: Provided, That no
funds shall be used to formulate or
[[Page 112 STAT. 2681-8]]
administer a brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be available
for field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000
shall be available for employment under 5 U.S.C. 3109: Provided further,
That this appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four, of which
two shall be for replacement only: Provided further, That, in addition,
in emergencies which <<NOTE: 21 USC 129.>> threaten any segment of the
agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with the Act of February 28,
1947, and section 102 of the Act of September 21, 1944, and any
unexpended balances of funds transferred for such emergency purposes in
the next preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 1999, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
1999, $88,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $7,700,000, to
remain available until expended.
Agricultural Marketing Service
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, including field employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225) and not to exceed $90,000
[[Page 112 STAT. 2681-9]]
for employment under 5 U.S.C. 3109, $48,831,000, 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).
Not to exceed $60,730,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Appropriations Committees.
Funds 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 $10,998,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
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
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain under
the Agricultural Marketing Act of 1946, including field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment under 5
U.S.C. 3109, $26,787,000: 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.
[[Page 112 STAT. 2681-10]]
Not to exceed $42,557,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional supervision
and oversight, or other uncontrollable factors occur, this limitation
may be exceeded by up to 10 percent with notification to the
Appropriations Committees.
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the Congress
for the Food Safety and Inspection Service, $446,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, $616,986,000, 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 the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $75,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for
the Farm Service Agency, the Foreign Agricultural Service, the Risk
Management Agency, and the Commodity Credit Corporation, $572,000.
Farm Service Agency
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$714,499,000: 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
[[Page 112 STAT. 2681-11]]
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.
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987 (7 U.S.C. 5101-5106), $2,000,000.
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government, and
in making indemnity payments for milk, or cows producing such milk, at a
fair market value to any dairy farmer who is directed to remove his milk
from commercial markets because of: (1) the presence of products of
nuclear radiation or fallout if such contamination is not due to the
fault of the farmer; or (2) residues of chemicals or toxic substances
not included under the first sentence of the Act of August 13, 1968 (7
U.S.C. 450j), if such chemicals or toxic substances were not used in a
manner contrary to applicable regulations or labeling instructions
provided at the time of use and the contamination is not due to the
fault of the farmer, $450,000, to remain available until expended (7
U.S.C. 2209b): Provided, That none of the funds contained in this Act
shall be used to make indemnity payments to any farmer whose milk was
removed from commercial markets as a result of the farmer's willful
failure to follow procedures prescribed by the Federal Government:
Provided further, That this amount shall be transferred to the Commodity
Credit Corporation: Provided further, That the Secretary is authorized
to utilize the services, facilities, and authorities of the Commodity
Credit Corporation for the purpose of making dairy indemnity
disbursements.
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, $510,682,000, of which $425,031,000 shall be for
guaranteed loans; operating loans, $1,648,276,000, of which $948,276,000
shall be for unsubsidized guaranteed loans and $200,000,000 shall be for
subsidized guaranteed loans; Indian tribe land acquisition loans as
authorized by 25 U.S.C. 488, $1,000,000; for emergency insured loans,
$25,000,000 to meet the needs resulting from natural disasters; and for
boll weevil eradication program loans as authorized by 7 U.S.C. 1989,
$100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $19,580,000, of which
$6,758,000 shall be for guaranteed loans; operating loans, $62,630,000,
of
which $11,000,000 shall be for
[[Page 112 STAT. 2681-12]]
unsubsidized guaranteed loans and $17,480,000 shall be for subsidized
guaranteed loans; Indian tribe land acquisition loans as authorized by
25 U.S.C. 488, $153,000; for emergency insured loans, $5,900,000 to meet
the needs resulting from natural disasters; and for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989, $1,440,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $219,861,000, of which $209,861,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Risk Management Agency
For administrative and operating expenses, as authorized by the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933),
$64,000,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
For payments as authorized by section 516 of the Federal Crop
Insurance Act, such sums as may be necessary, to remain available until
expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
For fiscal year 1999, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed (estimated to be $8,439,000,000 in the President's
fiscal year 1999 Budget Request (H. Doc. 105-177)), but not to exceed
$8,439,000,000, pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).
For fiscal year 1999, the Commodity Credit Corporation shall not
expend more than $5,000,000 for expenses to comply with the requirement
of section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of
the Resource Conservation and Recovery Act, 42 U.S.C. 6961: Provided,
That expenses shall be for operations and maintenance costs only and
that other hazardous waste management costs shall be paid for by the
USDA Hazardous Waste Management appropriation in this Act.
[[Page 112 STAT. 2681-13]]
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $693,000.
Natural Resources Conservation Service
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$641,243,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,990,000 is for snow survey and water forecasting
and not less than $9,025,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for construction and improvement
of buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a: Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control
Act of 1974 (43 U.S.C. 1592(c)): Provided further, That no part of this
appropriation may be expended for soil and water conservation operations
under the Act of April 27, 1935 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).
[[Page 112 STAT. 2681-14]]
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1009), $10,368,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$110,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005
and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C.
590a-f), and in accordance with the provisions of laws relating to the
activities of the Department, $99,443,000, to remain available until
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act approved June
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to
exceed $47,000,000 of this appropriation shall be available for
technical assistance: Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$200,000 shall be available for employment under 5 U.S.C. 3109: Provided
further, That not to exceed $1,000,000 of this appropriation is
available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607), the Act of April 27, 1935
(16 U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), $35,000,000, to remain available until expended (7 U.S.C.
2209b): Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
[[Page 112 STAT. 2681-15]]
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $588,000.
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, except for sections
381E-H, 381N, and 381O of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009f), $722,686,000, to remain available until expended,
of which $29,786,000 shall be for rural community programs described in
section 381E(d)(1) of the Consolidated Farm and Rural Development Act;
of which $645,007,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act, as provided in 7 U.S.C.
1926(a) and 7 U.S.C. 1926C; and of which $47,893,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act: Provided, That of the amount appropriated for
the rural business and cooperative development programs, not to exceed
$500,000 shall be made available for a grant to a qualified national
organization to provide technical assistance for rural transportation in
order to promote economic development: Provided further, That not to
exceed $16,215,000 shall be for technical assistance grants for rural
waste systems pursuant to section 306(a)(14) of such Act; and not to
exceed $5,300,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $33,926,000 shall be available
through June 30, 1999, for empowerment zones and enterprise communities,
as authorized by Public Law 103-66, of which $1,844,000 shall be for
rural community programs described in section 381E(d)(1) of such Act; of
which $23,948,000 shall be for the rural utilities programs described in
section 381E(d)(2) of such Act; of which $8,134,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act.
Rural Housing Service
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$3,965,313,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $3,000,000,000 shall be
[[Page 112 STAT. 2681-16]]
for unsubsidized guaranteed loans; $25,001,000 for section 504 housing
repair loans; $100,000,000 for section 538 guaranteed multi-family
housing loans; $20,000,000 for section 514 farm labor housing;
$114,321,000 for section 515 rental housing; $5,152,000 for section 524
site loans; $16,930,000 for credit sales of acquired property, of which
up to $5,001,000 may be for multi-family credit sales; and $5,000,000
for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $116,800,000, of which
$2,700,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $8,808,000; section 538 multi-family housing
guaranteed loans, $2,320,000; section 514 farm labor housing,
$10,406,000; section 515 rental housing, $55,160,000; section 524 site
loans, $17,000; credit sales of acquired property, $3,492,000, of which
up to $2,416,000 may be for multi-family credit sales; and section 523
self-help housing land development loans, $282,000: Provided, That
of the total amount appropriated in this paragraph, $10,380,000 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,
1999, they shall remain available for other authorized purposes under
this head.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $360,785,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service, Salaries and Expenses''.
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $583,397,000; 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 1999 shall be
funded for a five-year period, although the life of any such agreement
may be extended to fully utilize amounts obligated.
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be for empowerment zones and enterprise
communities, as authorized by Public Law
[[Page 112 STAT. 2681-17]]
103-66: Provided further, That if such funds are not obligated for
empowerment zones and enterprise communities by June 30, 1999, they
shall remain available for other authorized purposes under this head.
For grants and contracts for housing for domestic farm labor, very
low-income housing repair, supervisory and technical assistance,
compensation for construction defects, and rural housing preservation
made by the Rural Housing Service, as authorized by 42 U.S.C. 1474,
1479(c), 1486, 1490e, and 1490m, $41,000,000, to remain available until
expended: Provided, That of the total amount appropriated, $1,200,000
shall be for empowerment zones and enterprise communities, as authorized
by Public Law 103-66: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes under
this head.
For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm and Rural
Development Act, title V of the Housing Act of 1949, and cooperative
agreements, $60,978,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$520,000 may be used for employment under 5 U.S.C. 3109: Provided
further, That the Administrator may expend not more than $10,000 to
provide modest nonmonetary awards to non-USDA employees.
Rural Business-Cooperative Service
For the cost of direct loans, $16,615,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502
of the Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the principal
amount of direct loans of $33,000,000: Provided further, That through
June 30, 1999, of the total amount appropriated, $3,215,520 shall be
available for the cost of direct loans for empowerment zones and
enterprise communities, as authorized by title XIII of the Omnibus
Budget Reconciliation Act of 1993, to subsidize gross obligations for
the principal amount of direct loans, $7,246,000: Provided further, That
if such funds are not obligated for empowerment zones and enterprise
communities by June 30, 1999, they shall remain available for other
authorized purposes under this head.
In addition, for administrative expenses to carry out the direct
loan programs, $3,482,000 shall be transferred to and merged with the
appropriation for ``Rural Business-Cooperative Service, Salaries and
Expenses''.
[[Page 112 STAT. 2681-18]]
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$15,000,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,783,000.
Of the funds derived from interest on the cushion of credit payments
in fiscal year 1999, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,783,000 shall not be obligated and
$3,783,000 are rescinded.
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $3,300,000, of which $1,300,000 shall be available for
cooperative agreements for the appropriate technology transfer for rural
areas program and $250,000 shall be available for an agribusiness and
cooperative development program.
For necessary expenses of the Rural Business-Cooperative Service,
including administering the programs authorized by the Consolidated Farm
and Rural Development Act; section 1323 of the Food Security Act of
1985; the Cooperative Marketing Act of 1926; for activities relating to
the marketing aspects of cooperatives, including economic research
findings, as authorized by the Agricultural Marketing Act of 1946; for
activities with institutions concerning the development and operation of
agricultural cooperatives; and for cooperative agreements; $25,680,000:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $260,000 may be used for
employment under 5 U.S.C. 3109.
Alternative Agricultural Research and Commercialization Corporation
Revolving Fund
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901-5908),
$3,500,000 is appropriated to the Alternative Agricultural Research and
Commercialization Corporation Revolving Fund.
Rural Utilities Service
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $71,500,000; 5
[[Page 112 STAT. 2681-19]]
percent rural telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $295,000,000; and loans made pursuant to section 306 of that Act,
rural electric, $700,000,000 and
rural telecommunications, $120,000,000, to remain available until
expended.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936), as follows: cost of direct loans, $16,667,000; cost
of municipal rate loans, $25,842,000; cost of money rural
telecommunications loans, $810,000: 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 ``Rural Utilities
Service, Salaries and Expenses''.
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 1999 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $157,509,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$4,174,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,000,000, which shall be transferred to and merged with
the appropriation for ``Rural Utilities Service, Salaries and
Expenses''.
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $12,680,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas: Provided, That the costs of direct loans shall
be as defined in section 502 of the Congressional Budget Act of 1974.
For necessary expenses of the Rural Utilities Service, including
administering the programs authorized by the Rural Electrification Act
of 1936, and the Consolidated Farm and Rural Development Act, and for
cooperative agreements, $33,000,000: 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 $105,000 may be used for employment under 5 U.S.C. 3109.
[[Page 112 STAT. 2681-20]]
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$554,000.
Food and Nutrition Service
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$9,176,897,000, to remain available through September 30, 2000, of which
$4,128,747,000 is hereby appropriated and $5,048,150,000 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 none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $4,300,000 shall be available for
independent verification of school food
service claims: Provided further, That none of the funds under this
heading shall be available unless the value of bonus commodities
provided under section 32 of the Act of August 24, 1935 (49 Stat. 774,
chapter 641; 7 U.S.C. 612c), and section 416 of the Agricultural Act of
1949 (7 U.S.C. 1431) is included in meeting the minimum commodity
assistance requirement of section 6(g) of the National School Lunch Act
(42 U.S.C. 1755(g)).
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), $3,924,000,000, to remain available through
September 30, 2000: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That of the total amount available, the Secretary shall
obligate $10,000,000 for the farmers' market nutrition program within 45
days of the enactment of this Act, and an additional $5,000,000 for the
farmers' market nutrition program from any funds not needed to maintain
current caseload levels: Provided further, That none of the funds in
this Act shall be available to pay administrative expenses of WIC
clinics except those that have an announced policy of prohibiting
smoking within the space used to carry out the program: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of the Child Nutrition Act of 1966: Provided further, That
State agencies required to procure infant formula using a competitive
bidding system may use funds appropriated by this Act to
[[Page 112 STAT. 2681-21]]
purchase infant formula under a cost containment contract entered into
after September 30, 1996, only if the contract was awarded to the bidder
offering the lowest net price, as defined by section 17(b)(20) of the
Child Nutrition Act of 1966, unless the State agency demonstrates to the
satisfaction of the Secretary that the weighted average retail price for
different brands of infant formula in the State does not vary by more
than 5 percent.
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $22,585,106,000, of which $100,000,000 shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That none of the
funds made available under this head shall be used for studies and
evaluations: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this head shall remain available until expended, as authorized by
section 16(h)(1) of the Food Stamp Act.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food
Assistance Act of 1983, $131,000,000, to remain available through
September 30, 2000: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program.
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c note), and section
311 of the Older Americans Act of 1965 (42 U.S.C. 3030a), $141,081,000,
to remain available through September 30, 2000.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $108,561,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance
in the prevention, identification, and prosecution of fraud and other
violations of law and of which $2,000,000 shall be available for
obligation only after promulgation of a final rule to curb vendor
related fraud: 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.
[[Page 112 STAT. 2681-22]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service and General Sales Manager
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to sacoordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $128,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $136,203,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1736) and the foreign assistance programs
of the International Development Cooperation Administration (22 U.S.C.
2392).
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1691, 1701-1704, 1721-1726a, 1727-1727e, 1731-1736g-3,
and 1737), as follows: (1) $203,475,000 for Public Law 480 title I
credit, including Food for Progress programs; (2) $16,249,000 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; (3) $837,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title II of said Act; and (4) $25,000,000 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, and the Food
for Progress Act of 1985, including the cost of modifying credit
agreements under said Act, $176,596,000.
In addition, for administrative expenses to carry out the Public Law
480 title I credit program, and the Food for Progress Act of 1985, to
the extent funds appropriated for Public Law 480 are utilized,
$1,850,000, of which $1,035,000 may be transferredto and merged with the
appropriation for ``Foreign Agricultural Service and General Sales
Manager'' and $815,000 may be transferred
[[Page 112 STAT. 2681-23]]
to and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $3,820,000;
to cover common
overhead expenses as permitted by section 11 of the Commodity Credit
Corporation Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $3,231,000 may be transferred to and merged with
the appropriation for ``Foreign Agricultural Service and General Sales
Manager'' and $589,000 may be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; $1,103,140,000, of which not to exceed
$132,273,000 in fees pursuant to section 736 of the Federal Food, Drug,
and Cosmetic Act may be credited to this appropriation and remain
available until expended: Provided, That fees derived from applications
received during fiscal year 1999 shall be subject to the fiscal year
1999 limitation: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $231,580,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs, of which, and notwithstanding section 409(h)(5)(A)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), an
amount of $500,000 shall be made available for the development of
systems, regulations, and pilot programs, if any, that would be required
to permit full implementation, consistent with section 409(h)(5) of that
Act, in fiscal year 2000 of the food contact substance notification
program under section 409(h) of such Act; (2) $291,981,000 shall be for
the Center for Drug Evaluation and Research and related field activities
in the Officeof Regulatory Affairs; (3) $125,095,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office
[[Page 112 STAT. 2681-24]]
of Regulatory Affairs; (4) $41,973,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $145,736,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $31,579,000 shall be for the National Center
for Toxicological Research; (7) $34,000,000 shall be for the Office of
Tobacco; (8) $25,855,000 shall be for Rent and Related activities, other
than the amounts paid to the General Services Administration; (9)
$88,294,000 shall be for payments to the General Services Administration
for rent and related costs; and (10) $87,047,000 shall be for other
activities, including the Office of the Commissioner, the Office of
Policy, the Office of External Affairs, the Office of Operations, the
Office of Management and Systems, and central services for these
offices: Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the Committee
on Appropriations of both Houses of Congress.
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available until
expended.
In addition, fees pursuant to section 801 of the Federal Food, Drug,
and Cosmetic Act may be credited to this account, to remain available
until expended.
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $11,350,000, to
remain available until expended (7 U.S.C. 2209b).
DEPARTMENT OF THE TREASURY
Financial Management Service
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, for reimbursement of
interest expenses incurred by the Financial Assistance Corporation on
obligations issued through 1994, as authorized, $2,565,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and elsewhere; and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $61,000,000, 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
[[Page 112 STAT. 2681-25]]
Commission sponsored educational events and symposia to cover the
Commission's costs of providing those events and symposia, and
notwithstanding 31 U.S.C. 3302, said fees shall be credited to this
account, to be available without further appropriation.
Farm Credit Administration
Not to exceed $35,800,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1999 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 440
passenger motor vehicles, of which 437 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. <<NOTE: 7 USC 1623a.>> 703. Not less than $1,500,000 of the
appropriations of the Department of Agriculture in this Act for research
and service work authorized by the Acts of August 14, 1946, and July 28,
1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 of title 31, United
States Code, shall be available for contracting in accordance with said
Acts and chapter.
Sec. 704. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National Finance Center operations shall not exceed $2,000,000:
Provided, That no funds in this Act appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
Sec. <<NOTE: 7 USC 2209b.>> 705. New obligational authority provided
for the following appropriation items in this Act shall remain available
until expended (7 U.S.C. 2209b): Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions, fruit fly
program, integrated systems acquisition project, and up to $2,000,000
for costs associated with collocating regional offices; 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.
[[Page 112 STAT. 2681-26]]
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to Public Law 94-
449.
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
<<NOTE: 7 USC 612c note.>> Sec. 709. Notwithstanding any other
provision of this Act, commodities acquired by the Department in
connection with Commodity Credit Corporation and section 32 price
support operations may be used, as authorized by law (15 U.S.C. 714c and
7 U.S.C. 612c), to provide commodities to individuals in cases of
hardship as determined by the Secretary of Agriculture.
Sec. 710. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 711. None of the funds in this Act shall be available to pay
indirect costs 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: Provided,
That notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the Cooperative State Research, Education, and
Extension Service shall be available to pay full allowable indirect
costs for each grant awarded under the Small Business Innovation
Development Act of 1982, Public Law 97-219 (15 U.S.C. 638).
Sec. 712. Notwithstanding any other provisions of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 713. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 1999
shall remain available until expended to cover obligations made in
fiscal year 1999 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. 714. Such sums as may be necessary for fiscal year 1999 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated by this Act.
Sec. 715. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service;
Grain Inspection, Packers and Stockyards Administration;
[[Page 112 STAT. 2681-27]]
and the Animal and Plant Health Inspection Service may use cooperative
agreements to reflect a relationship between the Agricultural Marketing
Service, the Grain Inspection, Packers and Stockyards Administration or
the Animal and Plant Health Inspection Service and a State or Cooperator
to carry out agricultural marketing programs or to carry out programs to
protect the Nation's animal and plant resources.
Sec. 716. Notwithstanding the Federal Grant and Cooperative
Agreement Act, the Natural Resources Conservation Service may enter into
contracts, grants, or cooperative agreements with a State agency or
subdivision, or a public or private organization, for the acquisition of
goods or services, including personal services, to carry out natural
resources conservation activities: Provided, That Commodity Credit
Corporation funds obligated for such purposes shall not exceed the level
obligated by the Commodity Credit Corporation for such purposes in
fiscal year 1998.
Sec. 717. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act of
1990.
Sec. 718. Hereafter, none of the funds made available in this Act
may be used to provide assistance to, or to pay the salaries of
personnel to carry out a market promotion/market access program pursuant
to section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
that provides assistance to the United States Mink Export Development
Council or any mink industry trade association.
Sec. 719. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants: Provided, That interagency funding is authorized to
carry out the purposes of the National Drought Policy Commission.
Sec. 720. None of the funds appropriated in this Act may be used to
carry out the provisions of section 918
of Public Law 104-127, the Federal Agriculture Improvement and Reform
Act.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 722. None of the funds appropriated or otherwise made available
to the Department of Agriculture shall be used to transmit or otherwise
make available to any non-Department of Agriculture employee questions
or responses to questions that are a result of information requested for
the appropriations hearing process.
[[Page 112 STAT. 2681-28]]
Sec. 723. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 724. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices, programs,
or activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committee on Appropriations of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 1999, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in existing
programs, activities, or projects as approved by Congress; unless the
Committee on Appropriations of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
Sec. 725. None of the funds appropriated or otherwise made available
by this Act or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 793 of Public Law 104-127,
with the exception of funds made available under that section on January
1, 1997.
Sec. 726. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
who carry out an environmental quality incentives program authorized by
sections 334-341 of Public Law 104-127 in excess of $174,000,000.
Sec. 727. None of the funds appropriated or otherwise available to
the Department of Agriculture may be used to administer the provision of
contract payments to a producer under the Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.) for contract acreage
[[Page 112 STAT. 2681-29]]
on which wild rice is planted unless the contract payment is reduced by
an acre for each contract acre planted to wild rice.
Sec. 728. The Federal facility located in Stuttgart, Arkansas, and
known as the ``United States National Rice Germplasm Evaluation and
Enhancement Center'', shall be known and designated as the ``Dale
Bumpers National Rice Research Center'': Provided, That any reference in
law, map, regulation, document, paper, or other record of the United
States to such federal facility shall be deemed to be a reference to the
``Dale Bumpers National Rice Research Center''.
Sec. 729. Notwithstanding any other provision of law, the Secretary
of Agriculture, subject to the reprogramming requirements established by
this Act, may transfer up to $26,000,000 in discretionary funds made
available by this Act among programs of the Department, not otherwise
appropriated for a specific purpose or a specific location, for
distribution to or for the benefit of the
Lower Mississippi Delta Region, as defined in Public Law 100-460, prior
to normal state or regional allocation of funds: Provided, That any
funds made available through Chapter Four of Subtitle D of Title XII of
the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) may be included
in any amount reprogrammed under this section if such funds are used for
a purpose authorized by such Chapter: Provided further, That any funds
made available from ongoing programs of the Department of Agriculture
used for the benefit of the Lower Mississippi Delta Region shall be
counted toward the level cited in this section.
Sec. 730. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to enroll in excess of 120,000 acres in the fiscal year 1999 wetlands
reserve program as authorized by 16 U.S.C. 3837.
Sec. 731. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out the emergency food assistance program authorized by section
27(a) of the Food Stamp Act if such program exceeds $90,000,000.
Sec. 732. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out the provisions of section 401 of Public Law
105-185.
Sec. 733. Notwithstanding any other provision of law, the City of
Big Spring, Texas shall be eligible to participate in rural housing
programs administered by the Rural Housing Service.
Sec. 734. Notwithstanding any other provision of law, the
Municipality of Carolina, Puerto Rico shall be eligible for grants and
loans administered by the Rural Utilities Service.
Sec. 735. Notwithstanding section 381A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009), the definitions of rural areas
for certain business programs administered by the Rural Business-
Cooperative Service and the community facilities programs administered
by the Rural Housing Service shall be those provided for in statute and
regulations prior to the enactment of Public Law 104-127.
Sec. 736. None of the funds appropriated or otherwise made available
by this Act shall be used to carry out any commodity purchase program
that would prohibit eligibility or participation by farmer-owned
cooperatives.
[[Page 112 STAT. 2681-30]]
Sec. 737. Section 512(d)(4)(D)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is amended by inserting
before the semicolon the following: ``, except that for purposes of this
clause, antibacterial ingredient or animal drug does not include the
ionophore or arsenical classes of animal drugs''.
Sec. 738. (a) None of the funds appropriated or otherwise made
available to the Secretary by this Act, any other Act, or any other
source may be used to issue the final rule to implement the amendments
to Federal milk marketing orders required by subsection (a)(1) of
section 143 of the Agricultural Market Transition Act (7 U.S.C. 7253),
other than during the period of February 1, 1999, through April 4, 1999,
and only if the actual implementation of the amendments as part of
Federal milk marketing orders takes effect on October 1, 1999,
notwithstanding the penalties that would otherwise be imposed under
subsection (c) of such section.
(b) None of such funds may be used to designate the State of
California as a separate Federal milk marketing order under subsection
(a)(2) of such section, other than during the period beginning on the
date of the issuance of the final rule referred to in subsection (a)
through September 30, 1999.
(c) For purposes of this section, a rule shall be considered to be a
final rule when the rule is submitted to Congress as required by chapter
8 of title 5, United States
Code, to permit congressional review of agency rulemaking and before the
Secretary of Agriculture conducts the producer referendum required under
section 8c(19) of the Agricultural Adjustment Act (7 U.S.C. 608c(19)),
reenacted with amendments by the Agricultural Marketing Agreement Act of
1937.
Sec. 739. Whenever the Secretary of Agriculture announces the basic
formula price for milk for purposes of Federal milk marketing orders
issued under section 8c of the Agricultural Adjustment Act (7 U.S.C.
608c), reenacted with amendments by the Agricultural Marketing Agreement
Act of 1937, the Secretary shall include in the announcement an
estimate, stated on a per hundredweight basis, of the costs incurred by
milk producers, including transportation and marketing costs, to produce
milk in the different regions of the United States.
Sec. 740. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out a conservation farm option program, as authorized by
section 335 of Public Law 104-127.
<<NOTE: 7 USC 2279 note.>> Sec. 741. Waiver of Statute of
Limitations. (a) To the extent permitted by the Constitution, any civil
action to obtain relief with respect to the discrimination alleged in an
eligible complaint, if commenced not later than 2 years after the date
of the enactment of this Act, shall not be barred by any statute of
limitations.
(b) The complainant may, in lieu of filing a civil action, seek a
determination on the merits of the eligible complaint by the Department
of Agriculture if such complaint was filed not later than 2 years after
the date of enactment of this Act. The Department of Agriculture shall--
(1) provide the complainant an opportunity for a hearing on
the record before making that determination;
(2) award the complainant such relief as would be afforded
under the applicable statute from which the eligible complaint
arose notwithstanding any statute of limitations; and
[[Page 112 STAT. 2681-31]]
(3) to the maximum extent practicable within 180 days after
the date a determination of an eligible complaint is sought
under this subsection conduct an investigation, issue a written
determination and propose a resolution in accordance with this
subsection.
(c) Notwithstanding subsections (a) and (b), if an eligible claim is
denied administratively, the claimant shall have at least 180 days to
commence a cause of action in a Federal court of competent jurisdiction
seeking a review of such denial.
(d) The United States Court of Federal Claims and the United States
District Court shall have exclusive original jurisdiction over--
(1) any cause of action arising out of a complaint with
respect to which this section waives the statute of limitations;
and
(2) any civil action for judicial review of a determination
in an administrative proceeding in the Department of Agriculture
under this section.
(e) As used in this section, the term ``eligible complaint'' means a
nonemployment related complaint that was filed with the Department of
Agriculture before July 1, 1997 and alleges discrimination at any time
during the period beginning on January 1, 1981 and ending December 31,
1996--
(1) in violation of the Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) in administering--
(A) a farm ownership, farm operating, or emergency
loan funded from the Agricultural Credit Insurance
Program Account; or
(B) a housing program established under title V of
the Housing Act of 1949; or
(2) in the administration of a commodity program or a
disaster assistance program.
(f) This section shall apply in fiscal year 1999 and thereafter.
(g) The standard of review for judicial review of an agency action
with respect to an eligible complaint is de novo review. Chapter 5 of
title 5 of the United States Code shall apply with respect to an agency
action under this section with respect to an eligible complaint, without
regard to section 554(a)(1) of that title.
<<NOTE: 7 USC 2279d.>> Sec. 742. In any claim brought under the
Rehabilitation Act of 1973 and filed with the Secretary of Agriculture
after January 1994 resulting in a finding that a farmer was subjected to
discrimination under any farm loan program or activity conducted by the
United States Department of Agriculture in violation of section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary of
Agriculture shall be liable for compensatory damages. Such liability
shall apply to any administrative action brought before the date of
enactment of this Act, but only if the action is brought within the
applicable statute of limitations and the complainant sought or seeks
compensatory damages while the action is pending.
Sec. 743. Public Law 102-237, Title X, Section 1013(a) and (b) (7
U.S.C. 426 note) is amended by striking ``, to the extent practicable,''
in each instance in which it appears.
Sec. 744. Funds made available for conservation operations by this
or any other Act, including prior-year balances, shall be available for
financial assistance and technical assistance for the purpose of
constructing the Franklin County Lake Project,
[[Page 112 STAT. 2681-32]]
Tuesday, April 2, 2013
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