[[Page 112 STAT. 2681-32]]
Mississippi, in the amounts earmarked in appropriations report language.
Sec. 745. Section 306D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926d) is amended by inserting ``25 percent
in'' in lieu of ``equal'' in subsection (b), and by inserting
``$20,000,000'' in lieu of ``$15,000,000'' in subsection (d).
Sec. 746. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis in St. Louis, Missouri.
<<NOTE: 7 USC 1622 note.>> Sec. 747. None of the funds made
available by this Act or any other Act for any fiscal year may be used
to carry out section 302(h) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(h)) unless the Secretary of Agriculture inspects and
certifies agricultural processing equipment, and imposes a fee for the
inspection and certification, in a manner that is similar to the
inspection and certification of agricultural products under that
section, as determined by the Secretary: Provided, That this provision
shall not affect the authority of the Secretary to carry out the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection
Act (21 U.S.C. 1031 et seq.).
<<NOTE: 7 USC 1508 note.>> Sec. 748. Notwithstanding the provisions
of section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)), for the 1999 reinsurance and subsequent reinsurance
years, no producer shall pay more than $50 per crop per county as an
administrative fee for catastrophic risk protection under section
508(b)(5)(A) of the Act.
Sec. 749. That notwithstanding section 4703(d)(1) of title 5, United
States Code, the personnel management demonstration project established
in the Department of Agriculture, as described at 55 FR 9062 and amended
at 61 FR 9507 and 61 FR 49178, shall be continued indefinitely and
become effective upon enactment of this Act.
<<NOTE: 7 USC 1762 note.>> Sec. 750. Strike the last sentence under
the heading of Title IV--International Programs, Foreign Agricultural
Service of Public Law 100-202 (101 STAT. 1329 et seq.) and insert in
lieu thereof the following: ``On or after August 1, 1998 such
individuals employed by contract to perform such services shall not, by
virtue of such employment, be considered to be employees of the United
States Government for purposes of any law administered by the Office of
Personnel Management. Such individuals may be considered employees
within the meaning of the Federal Employee Compensation Act, 5 U.S.C.
8101 et seq.''.
Sec. 751. Section 1237D(c)(1) of subchapter C of the Food Security
Act of 1985 <<NOTE: 16 USC 3837d.>> is amended by inserting after
``perpetual'' the following ``or 30-year''.
Sec. 752. <<NOTE: 16 USC 3837.>> Section 1237(b)(2) of subchapter C
of the Food Security Act of 1985 is amended by adding the following:
``(C) For purposes of subparagraph (A), to the
maximum extent practicable should be interpreted to mean
that acceptance of wetlands reserve program bids may be
in proportion to landowner interest expressed in program
options.''.
Sec. 753. (a) Section 3(d)(3) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(d)(3)) (as amended by
section 253(b) of the Agricultural Research,
[[Page 112 STAT. 2681-33]]
Extension, and Education Reform Act of 1998) is amended by striking
``The Secretary'' and inserting ``At the request of the Governor of the
State of Maine, New Hampshire, New York, or Vermont, the Secretary''.
(b) Section 7(e)(2) of the Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4606(e)(2)) (as amended by section 605(f)(3)
of the Agricultural Research, Extension, and Education Reform Act of
1998) is amended by striking ``$0.0075'' each place it appears and
inserting ``$0.01''.
(c)(1) Section 793(c)(2)(B) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) is amended--
(A) in clause (iii), by striking ``or'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(v) a State agricultural experiment
station.''.
(2) Section 401(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621(d)) is amended--
(A) in paragraph (3), by striking ``or'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(5) a State agricultural experiment station.''.
(d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 361c(d)) is
amended--
(1) in paragraph (1), by striking ``No'' and inserting
``Except as provided in paragraph (4), no''; and
(2) by adding at the end the following:
``(4) Territories.--In lieu of the matching funds
requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).''.
(e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) is
amended--
(1) in paragraph (1), by inserting ``paragraph (4) and''
after ``provided in''; and
(2) by adding at the end the following:
``(4) Territories.--In lieu of the matching funds
requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).''.
<<NOTE: Effective date. 7 USC 343 note.>> (f) The amendments made
by this section shall take effect on the date of enactment of the
Agricultural Research, Extension, and Education Reform Act of 1998.
Sec. 754. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous
[[Page 112 STAT. 2681-34]]
year due to user fees proposals that have not been enacted into law
prior to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in the
event the users fees proposals are not enacted prior to the date of the
convening of a committee of conference for the fiscal year 2000
appropriations Act.
Sec. 755. (a) Section 203(h) of the Agricultural Marketing Act of
1946 (7 U.S.C. 1622(h)) is amended by adding at the end the following:
``Shell eggs packed under the voluntary grading program of the
Department of Agriculture shall not have been shipped for sale previous
to being packed under the program, as determined under a regulation
promulgated by the Secretary.''.
(b) Not later than 90 days after the date of enactment of this Act,
the Secretary of Agriculture, and the Secretary of Health and Human
Services, shall submit a joint status report to the Committees on
Appropriations of the House of Representatives and the Senate that
describes actions taken by the Secretary of Agriculture and the
Secretary of Health and Human Services--
(1) to enhance the safety of shell eggs and egg products;
(2) to prohibit the grading, under the voluntary grading
program of the Department of Agriculture, of shell eggs
previously shipped for sale; and
(3) to assess the feasibility and desirability of applying
to all shell eggs the prohibition on repackaging to enhance food
safety, consumer information, and consumer awareness.
Sec. 756. Expenses for computer-related activities of the Department
of Agriculture funded through the Commodity Credit Corporation pursuant
to section 161(b)(1)(A) of Public Law 104-127 in fiscal year 1999 shall
not exceed $65,000,000: Provided, That section 4(g) of the Commodity
Credit Corporation Charter Act is amended <<NOTE: 15 USC 714b.>> by
striking $193,000,000 and inserting $188,000,000.
Sec. 757. (a) The Secretary of Agriculture may use funds for tree
assistance made available under Public Law 105-174, to carry out a tree
assistance program to owners of trees that were lost or destroyed as a
result of a disaster or emergency that was declared by the President or
the Secretary of Agriculture during the period beginning May 1, 1998,
and ending August 1, 1998, regardless of whether the damage resulted in
loss or destruction after August 1, 1998.
(b) Subject to subsection (c), the Secretary shall carry out the
program, to the maximum extent practicable, in accordance with the terms
and conditions of the tree assistance program established under part 783
of title 7, Code of Federal Regulations.
(c) A person shall be presumed eligible for assistance under the
program if the person demonstrates to the Secretary that trees owned by
the person were lost or destroyed by May 31, 1999, as a direct result of
fire blight infestation that was caused by a disaster or emergency
described in subsection (a).
Sec. 758. None of the funds appropriated or otherwise made available
by this Act shall be used to establish an Office of Community Food
Security or any similar office within the United States Department of
Agriculture without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 759. Notwithstanding any other provision of law, the city of
Vineland, New Jersey, shall be eligible for programs
[[Page 112 STAT. 2681-35]]
administered by the Rural Housing Service and the Rural Business-
Cooperative Service.
Sec. 760. (a)(1) For purposes of this section, the term
``Commission'' means the Commodity Futures Trading Commission.
(2) For purposes of this section, the term ``qualifying hybrid
instrument or swap agreement'' means a hybrid instrument or swap
agreement that--
(A) was entered into before the start of the restraint
period or is entered into during the restraint period; and
(B) is exempt under part 34 or part 35 of title 17, Code of
Federal Regulations (as in effect on January 1, 1998), qualifies
for the safe harbor contained in the Policy Statement of the
Commission regarding swap agreements published in the Federal
Register on July 21, 1989 (54 Fed. Reg. 30694), or qualifies for
the exclusion set forth in the Statutory Interpretation of the
Commission concerning certain hybrid instruments published in
the Federal Register on April 11, 1990 (55 Fed. Reg. 13582).
(3) For purposes of this section, the term ``restraint period''
means the period--
(A) beginning on the date of the enactment of this Act; and
(B) ending on March 30, 1999, or the first date on which
legislation is enacted that authorizes appropriations for the
Commission for a fiscal year after fiscal year 2000, whichever
occurs first.
(b) During the restraint period, the Commission may not propose or
issue any rule or regulation, or issue any interpretation or policy
statement, that restricts or regulates activity in a qualifying hybrid
instrument or swap agreement.
(c) Notwithstanding subsection (b), during the restraint period, the
Commission may--
(1) act on a petition for exemptive relief under section
4(c) of the Commodity Exchange Act (7 U.S.C. 6(c));
(2) enter such cease and desist orders and take such
enforcement action, including the imposition of sanctions, as
the Commission considers necessary to enforce any provision of
the Commodity Exchange Act (7 U.S.C. 1 et seq.) or title 17,
Code of Federal Regulations, in connection with a qualifying
hybrid instrument or swap agreement, to the extent such
provision is otherwise applicable to that qualifying hybrid
instrument or swap agreement or a transaction involving that
qualifying hybrid instrument or swap agreement;
(3) take such action as the Commission considers appropriate
with regard to agricultural trade options; and
(4) take such action as the Commission considers appropriate
to respond to a market emergency.
(d)(1) The legal status of contracts involving a qualifying hybrid
instrument or swap agreement shall not differ from the legal status
afforded such contracts during the period--
(A) beginning on--
(i) in the case of swap agreements, July 21, 1989,
which was the date on which the Commission adopted a
Policy Statement regarding swap agreements (54 Fed. Reg.
30694); and
(ii) in the case of hybrid instruments, April 11,
1990, which was the date that the Statutory
Interpretation of
[[Page 112 STAT. 2681-36]]
the Commission concerning hybrid instruments was
published in the Federal Register; and
(B) ending on January 1, 1998.
(2) Neither the comment letter of the Commission submitted on
February 26, 1998, to the Securities and Exchange Commission regarding
the proposal known as ``Broker-Dealer Lite'', nor the Concept Release of
the Commission regarding over-the-counter derivatives published in the
Federal Register on May 12, 1998 (63 Fed. Reg. 26114), shall alter or
affect the legal status of a qualifying hybrid instrument or swap
agreement under the Commodity Exchange Act (7 U.S.C. 1 et seq.).
(e) Nothing in this section shall be construed as reflecting or
implying a determination that a qualifying hybrid instrument or swap
agreement, or a transaction involving a qualifying hybrid instrument or
swap agreement, is subject to the Commodity Exchange Act (7 U.S.C. 1 et
seq.).
Sec. 761. None of the funds appropriated or otherwise made available
by this or any other Act may be used to carry out provision of section
612 of Public Law 105-185.
Sec. 762. Section 136 of the Agricultural Market Transition Act (7
U.S.C. 7236) is amended by striking ``1.25 cents'' each place it appears
in subsections (a) and (b) and inserting ``3 cents''.
Sec. 763. In implementing section 1124 of subtitle C of title XI of
this Act, the Secretary of Agriculture shall:
(a) provide $18,000,000 to the states for distribution of emergency
aid to individuals with family incomes below the federal poverty level
who have been adversely affected utilizing Federal Emergency Management
Agency guidelines;
(b) transfer to the Secretary of Commerce for obligation and
expenditure (1) $15,000,000 for programs pursuant to title IX of Public
Law 91-304, as amended, of which six percent may be available for
administrative costs; (2) $5,000,000 for the Trade Adjustment Assistance
program as provided by the Trade Act of 1974, as amended; and (3)
$7,000,000 for disaster research and prevention pursuant to section
402(d) of Public Law 94-265; and
(c) transfer to the Administrator of the Small Business
Administration for obligation and expenditure, $5,000,000 for the cost
of direct loans authorized by section 7(b) of the Small Business Act, as
amended, for eligible small businesses.
<<NOTE: 42 USC 7671c.>> Sec. 764. (a) Section 604 of the Clean Air
Act is amended by inserting at the end the following:
``(h) Methyl Bromide.--Notwithstanding subsection (d) and section
604(b), the Administrator shall not terminate production of methyl
bromide prior to January 1, 2005. The Administrator shall promulgate
rules for reductions in, and terminate the production, importation, and
consumption of, methyl bromide under a schedule that is in accordance
with, but not more stringent than, the phaseout schedule of the Montreal
Protocol Treaty as in effect on the date of the enactment of this
subsection.''.
(b) Section 604(d) of the Clean Air Act is amended by inserting at
the end the following:
``(5) Sanitation and food protection.--To the extent
consistent with the Montreal Protocol's quarantine and
preshipment provisions, the Administrator shall exempt the
production, importation, and consumption of methyl bromide to
fumigate commodities entering or leaving the United States or
any State (or political subdivision thereof) for purposes of
[[Page 112 STAT. 2681-37]]
compliance with Animal and Plant Health Inspection Service
requirements or with any international, Federal, State, or local
sanitation or food protection standard.
``(6) Critical uses.--To the extent consistent with the
Montreal Protocol, the Administrator, after notice and the
opportunity for public comment, and after consultation with
other departments or instrumentalities of the Federal Government
having regulatory authority related to methyl bromide, including
the Secretary of Agriculture, may exempt the production,
importation, and consumption of methyl bromide for critical
uses.''.
<<NOTE: 42 USC 7671c.>> (c) Section 604(e) of the Clean Air Act is
amended by inserting at the end the following:
``(3) Methyl bromide.--Notwithstanding the phaseout and
termination of production of methyl bromide pursuant to section
604(h), the Administrator may, consistent with the Montreal
Protocol, authorize the production of limited quantities of
methyl bromide, solely for use in developing countries that are
Parties to the Copenhagen Amendments to the Montreal
Protocol.''.
<<NOTE: 16 USC 590h note.>> Sec. 765. Notwithstanding any other
provision of law, permanent employees of county committees employed on
or after October 1, 1998, pursuant to 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) shall be considered as having
Federal Civil Service status only for the purpose of applying for the
United States Department of Agriculture Civil Service vacancies.
Sec. 766. For grants for the rural empowerment zone and enterprise
communities programs, an additional $15,000,000 is hereby appropriated,
to remain available until expended, of which $10,000,000 is for grants
for entities designated under section 1391(g) of the Internal Revenue
Code of 1986 for the Secretary of Agriculture to carry out a second
round of the empowerment zone program in rural areas; and of which
$5,000,000 is for grants for rural enterprise communities for the
Secretary of Agriculture to designate not more than 20 additional rural
enterprise communities provided that such communities meet the
designation and eligibility requirements of part I of subchapter U of
chapter 1 of the Internal Revenue Code of 1986: Provided, That the
designation of rural enterprise communities pursuant to this section
shall be solely for the purpose of this section and not for tax
treatment under the Internal Revenue Code: Provided further, That these
funds are in addition to any other funds made available for empowerment
zones and enterprise communities.
TITLE VIII--AGRICULTURAL CREDIT
Sec. 801. Section 373 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008h) is amended by striking subsection (b) and inserting
the following:
``(b) Prohibition of Loans for Borrowers That Have Received Debt
Forgiveness.--
``(1) Prohibitions.--Except as provided in paragraph (2)--
``(A) the Secretary may not make a loan under this
title to a borrower that has received debt forgiveness
on a loan made or guaranteed under this title; and
[[Page 112 STAT. 2681-38]]
``(B) the Secretary may not guarantee a loan under
this title to a borrower that has received--
``(i) debt forgiveness after April 4, 1996, on
a loan made or guaranteed under this title; or
``(ii) received debt forgiveness on more than
3 occasions on or before April 4, 1996.
``(2) Exceptions.--
``(A) In general.--The Secretary may make a direct
or guaranteed farm operating loan for paying annual farm
or ranch operating expenses of a borrower who--
``(i) was restructured with a write-down under
section 353; or
``(ii) is current on payments under a
confirmed reorganization plan under chapters 11,
12, or 13 of Title 11 of the United States Code.
``(B) Emergency loans.--The Secretary may make an
emergency loan under section 321 to a borrower that--
``(i) on or before April 4, 1996, received not
more than 1 debt forgiveness on a loan made or
guaranteed under this title; and
``(ii) after April 4, 1996, has not received
debt forgiveness on a loan made or guaranteed
under this title.''.
Sec. 802. Section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)) is amended--
(1) by striking ``(d) All loans'' and inserting the
following:
``(d) Repayment.--
``(1) In general.-- All loans''; and
(2) by adding at the end the following:
``(2) No basis for denial of loan.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall not deny a loan under this subtitle to a
borrower by reason of the fact that the borrower lacks a
particular amount of collateral for the loan if the
Secretary is reasonably certain that the borrower will
be able to repay the loan.
``(B) Refusal to pledge available collateral.--The
Secretary may deny or cancel a loan under this subtitle
if a borrower refuses to pledge available collateral on
request by the Secretary.''.
Sec. 803. (a) Section 508(n) of the Federal Crop Insurance Act (7
U.S.C. 1508(n)) is amended--
(1) by striking ``If'' and inserting the following:
``(1) In general.--Except as provided in paragraph
(2), if''; and
(2) by adding at the end the following:
``(2) Exception.--Paragraph (1) shall not apply to
emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).''.
(b) Section 196(i)(3) of the Agricultural Market Transition Act (7
U.S.C. 7333(i)(3)) is amended--
(1) by striking ``If'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), if''; and
(2) by adding at the end the following:
[[Page 112 STAT. 2681-39]]
``(B) Exception.--Subparagraph (A) shall not apply
to emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).''.
Sec. 804. Section 302 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922) is amended by adding at the end the following:
``(D) Notice.--Beginning with fiscal year 2000 not later
than 12 months before a borrower will become ineligible for
direct loans under this subtitle by reason of this paragraph,
the Secretary shall notify the borrower of such impending
ineligibility.''.
Sec. 805. The Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) is amended--
(1) in section 302(a)(2) (7 U.S.C. 1922(a)(2)), by inserting
``for direct loans only,'' before ``have either'';
(2) in section 311(a)(2) (7 U.S.C. 1941(a)(2)), by inserting
``for direct loans only,'' before ``have either''; and
(3) in section 359 (7 U.S.C. 2006a)--
(A) in subsection (a), by striking ``and
guaranteed''; and
(B) in subsection (c), by striking ``or guaranteed''
each place it appears.
Sec. 806. (a) Section 305 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1925) is amended--
(1) by striking ``Sec. 305. The Secretary'' and inserting
the following:
``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
``(a) In General.--The Secretary'';
(2) by striking ``$300,000'' and inserting ``$700,000
(increased, beginning with fiscal year 2000, by the inflation
percentage applicable to the fiscal year in which the loan is
guaranteed and reduced by the amount of any unpaid indebtedness
of the borrower on loans under subtitle B that are guaranteed by
the Secretary)'';
(3) by striking ``In determining'' and inserting the
following:
``(b) Determination of Value.--In determining''; and
(4) by adding at the end the following:
``(c) Inflation Percentage.--For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage (if
any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.''.
(b) Section 313 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1943) is amended--
(1) by striking ``Sec. 313. The Secretary'' and inserting
the following:
``SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
``(a) In General.--The Secretary'';
(2) by striking ``this subtitle (1) that would cause'' and
inserting ``this subtitle--
``(1) that would cause'';
[[Page 112 STAT. 2681-40]]
(3) by striking ``$400,000; or (2) for the purchasing'' and
inserting ``$700,000 (increased, beginning with fiscal year
2000, by the inflation percentage applicable to the fiscal year
in which the loan is guaranteed and reduced by the unpaid
indebtedness of the borrower on loans under the sections
specified in section 305 that are guaranteed by the Secretary);
or
``(2) for the purchasing''; and
(4) by adding at the end the following:
``(b) Inflation Percentage.--For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage (if
any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.''.
Sec. 807. Section 353(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)) is amended by adding at the end the
following:
``(6) Notice of recapture.--Beginning with fiscal year 2000
not later than 12 months before the end of the term of a shared
appreciation arrangement, the Secretary shall notify the
borrower involved of the provisions of the arrangement.''.
Sec. 808. Section 353(c)(3)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(c)(3)(C)) is amended by striking ``110
percent'' and inserting ``100 percent''.
<<NOTE: India-Pakistan Relief Act of 1998. 22 USC 2799aa-1 note.>> TITLE
IX--INDIA-PAKISTAN RELIEF ACT
Sec. 901. Short Title. This title may be cited as the ``India-
Pakistan Relief Act of 1998''.
<<NOTE: 22 USC 2799aa-1 note.>> Sec. 902. Waiver Authority. (a)
Authority.--The President may waive for a period not to exceed one year
upon enactment of this Act with respect to India or Pakistan the
application of any sanction or prohibition (or portion thereof)
contained in section 101 or 102 of the Arms Export Control Act, section
620E(e) of the Foreign Assistance Act of 1961, or section 2(b)(4) of the
Export Import Bank Act of 1945.
(b) Exception.--The authority provided in subsection (a) shall not
apply to any restriction in section 102(b)(2) (B), (C), or (G) of the
Arms Export Control Act.
(c) Availability of Amounts.--Amounts made available by this section
are designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided, That such amounts shall be
available only to the extent that an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
<<NOTE: 22 USC 2799aa-1 note.>> Sec. 903. Consultation. Prior to
each exercise of the authority provided in section 902, the President
shall consult with the appropriate congressional committees.
<<NOTE: 22 USC 2799aa-1 note.>> Sec. 904. Reporting Requirement.
Not later than 30 days prior to the expiration of a one-year period
described in section
[[Page 112 STAT. 2681-41]]
902, the Secretary of State shall submit a report to the appropriate
congressional committees on economic and national security developments
in India and Pakistan.
<<NOTE: 22 USC 2799aa-1 note.>> Sec. 905. Appropriate Congressional
Committees Defined. In this title, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Representatives
and the Committees on Appropriations of the House of Representatives and
the Senate.
TITLE X--UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND REGULATORY
PROGRAMS
SEC. 1001. GENERAL.
Title II of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is
amended--
<<NOTE: 7 USC 6918.>> (1) in section 218(a)--
(A) in paragraph (1) by adding ``and'' at the end;
(B) in paragraph (2) by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3);
(2) by redesignating subtitle I as subtitle J;
(3) by inserting after subtitle H the following:
``Subtitle I--Marketing and Regulatory Programs
<<NOTE: 7 USC 7005.>> ``SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR
MARKETING AND REGULATORY PROGRAMS.
``(a) Authorization.--The Secretary is authorized to establish in
the Department the position of Under Secretary of Agriculture for
Marketing and Regulatory Programs.
``(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Marketing and Regulatory
Programs authorized under subsection (a), the Under Secretary shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) Functions of Under Secretary.--
``(1) Principal functions.--Upon establishment, the
Secretary shall delegate to the Under Secretary of Agriculture
for Marketing and Regulatory Programs those functions and duties
under the jurisdiction of the Department that are related to
agricultural marketing, animal and plant health inspection,
grain inspection, and packers and stockyards.
``(2) Additional functions.--The Under Secretary of
Agriculture for Marketing and Regulatory Programs shall perform
such other functions and duties as may be required by law or
prescribed by the Secretary.
``(d) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Marketing and Regulatory Programs on the
date of the enactment of this section and who was appointed by the
President, by and with the advice and consent of the Senate, shall not
be required to be reappointed under subsection (b) to the successor
position authorized under subsection (a) if the Secretary establishes
the position, and the official occupies the new position, within 180
days after the date of enactment of this section
[[Page 112 STAT. 2681-42]]
(or such later date set by the Secretary if litigation delays rapid
succession).
``(e) Executive Schedule.--Section 5314 of title 5, United States
Code, is amended by inserting after the item relating to the Under
Secretary of Agriculture for Food Safety (as added by section 261(c))
the following:
`Under Secretary of Agriculture for Marketing and Regulatory
Programs.'.''; and
<<NOTE: 7 USC 7014.>> (4) in section 296(b)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) the authority of the Secretary to establish in the
Department the position of Under Secretary of Agriculture for
Marketing and Regulatory Programs under section 285.''.
SEC. 1002. PAY INCREASE PROHIBITED.
The compensation of any officer or employee of the Department of
Agriculture on the date of enactment of this Act shall not be increased
as a result of the enactment of this Act.
SEC. 1003. CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended by striking
``Assistant Secretaries of Agriculture (3).'' and inserting ``Assistant
Secretaries of Agriculture (2).''.
TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE
Subtitle A--Emergency Assistance for Crop and Livestock Feed Losses Due
to Disasters
<<NOTE: 7 USC 1421 note.>> SEC. 1101. GENERAL PROVISIONS.
(a) Fair and Equitable Distribution.--Assistance made available
under this subtitle shall be distributed in a fair and equitable manner
to producers who have incurred crop and livestock feed losses in all
affected geographic regions of the United States.
(b) Program Administration.--In carrying out this subtitle, the
Secretary of Agriculture (referred to in this title as the
``Secretary'') may determine--
(1) 1 or more loss thresholds producers on a farm must incur
with respect to a crop to be eligible for assistance;
(2) the payment rate for crop and livestock feed losses
incurred; and
(3) eligibility and payment limitation criteria (as defined
by the Secretary) for persons to receive assistance under this
subtitle, which, in the case of assistance received under any
section of this subtitle, shall be in addition to--
(A) assistance made available under any other
section of this subtitle and subtitle B;
(B) payments or loans received by a person under the
Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.);
(C) payments received by a person for the 1998 crop
under the noninsured crop assistance program established
under section 196 of that Act (7 U.S.C. 7333);
[[Page 112 STAT. 2681-43]]
(D) crop insurance indemnities provided for the 1998
crop under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.); and
(E) emergency loans made available for the 1998 crop
under subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961 et seq.).
<<NOTE: 7 USC 1421 note.>> SEC. 1102. CROP LOSS ASSISTANCE.
(a) In General.--The Secretary shall administer a program under
which emergency financial assistance is made available to producers on a
farm who have incurred losses associated with crops due to disasters (as
determined by the Secretary).
(b) Losses Incurred for 1998 Crop.--Subject to section 1132, the
Secretary shall use not more than $1,500,000,000 to make available
assistance to producers on a farm who have incurred losses in the 1998
crop due to disasters.
(c) Multiyear Losses.--Subject to section 1132, the Secretary shall
use not more than $875,000,000 to make available assistance to producers
on a farm who have incurred multiyear losses (as defined by the
Secretary) in the 1998 and preceding crops of a commodity due to
disasters (including, but not limited to, diseases such as scab).
(d) Relationship Between Assistance.--The Secretary shall make
assistance available to producers on a farm under either subsection (b)
or (c).
(e) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are due to, as determined by the
Secretary--
(1) quantity losses;
(2) quality (including, but not limited to, aflatoxin)
losses; or
(3) severe economic losses due to damaging weather or
related condition.
(f) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from which
a crop is harvested), as determined by the Secretary, due to disasters.
(g) Crop Insurance.--
(1) Administration.--In carrying out this section, the
Secretary shall not discriminate against or penalize producers
on a farm who have purchased crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) Encouraging future crop insurance participation.--
Subject to section 1132, the Secretary, acting through the
Federal Crop Insurance Corporation, may use the funds made
available under subsections (b) and (c), and only those funds,
to provide premium refunds or other assistance to purchasers of
crop insurance for their 1998 insured crops, or their preceding
(including 1998) insured crops.
(3) Producers who have not purchased crop insurance for 1998
crop.--As a condition of receiving assistance under this
section, producers on a farm who have not purchased crop
insurance for the 1998 crop under that Act shall agree by
contract to purchase crop insurance for the 1999 and 2000 crops
produced by the producers.
(4) Liquidated damages.--
[[Page 112 STAT. 2681-44]]
(A) In general.--The contract under paragraph (3)
shall provide for liquidated damages to be paid by the
producers due to the failure of the producers to
purchase crop insurance as provided in paragraph (3).
(B) Notice of damages.--The amount of the liquidated
damages shall be established by the Secretary and
specified in the contract agreed to by the producers.
(5) Funding for crop insurance purchase requirement.--
Subject to section 1132, such sums as may be necessary, to
remain available until expended, shall be available to the
Federal Crop Insurance Corporation to cover costs incurred by
the Corporation as a result of the crop insurance purchase
requirement of paragraph (3). Funds made available under
subsections (b) and (c) may not be used to cover such costs.
<<NOTE: 7 USC 1421 note.>> SEC. 1103. EMERGENCY LIVESTOCK FEED
ASSISTANCE.
Subject to section 1132, the Secretary shall use not more than
$200,000,000 to make available livestock feed assistance to livestock
producers affected by disasters during calendar year 1998.
Subtitle B--Market Loss Assistance
<<NOTE: 7 USC 1421 note.>> SEC. 1111. MARKET LOSS ASSISTANCE.
(a) In General.--Subject to section 1132 and except as provided in
subsection (d), the Secretary shall use not more than $3,057,000,000 for
assistance to owners
and producers on a farm who are eligible for final payments for fiscal
year 1998 under a production flexibility contract for the farm under the
Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) to partially
compensate the owners and producers for the loss of markets for the 1998
crop of a commodity.
(b) Amount.--Except as provided in subsection (d), the amount of
assistance made available to owners and producers on a farm under this
section shall be proportional to the amount of the contract payment
received by the owners and producers for fiscal year 1998 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act.
(c) Time for Payment.--The assistance made available under this
section for an eligible owner or producer shall be made as soon as
practicable after the date of enactment of this Act.
(d) Of the total amount provided under subsection (a), $200,000,000
shall be available to provide assistance to dairy producers in a manner
determined by the Secretary: Provided, That no payments made under this
section shall affect any decision with respect to rulemaking activities
described under section 143 of Public Law 104-127.
Subtitle C--Other Assistance
<<NOTE: 7 USC 1421 note.>> SEC. 1121. INDEMNITY PAYMENTS FOR COTTON
PRODUCERS.
(a) Federal Contribution.--Subject to subsection (b), the Secretary
of Agriculture shall pay $5,000,000 to the State of Georgia to help fund
an indemnity fund, to be established and managed by that State, to
compensate cotton producers in that State for losses incurred in 1998 or
1999 from the loss of properly stored, harvested cotton as the result of
the bankruptcy of a warehouseman or other party in possession of
warehouse receipts evidencing title
[[Page 112 STAT. 2681-45]]
to the commodity, an improper conversion or transfer of the cotton, or
such other potential hazards as determined appropriate by the State.
(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a) only
if the State also contributes $5,000,000 to the indemnity fund and
agrees to expend all amounts in the indemnity fund by not later than
January 1, 2000, to provide compensation to cotton producers as provided
in such subsection. If the State of Georgia fails to make its
contribution of $5,000,000 to the indemnity fund by July 1, 1999, the
funds that would otherwise be paid to the State shall be available to
the Secretary for the purpose of providing partial compensation to
cotton producers as provided in such subsection.
(c) Reporting Requirements.--Upon the establishment of the indemnity
fund, and not later than October 1, 1999, the State of Georgia shall
submit a report to the Secretary of Agriculture and the Congress
describing the State's efforts to use the indemnity fund to provide
compensation to injured cotton producers.
<<NOTE: 7 USC 1421 note.>> SEC. 1122. HONEY RECOURSE LOANS.
(a) In General.--Notwithstanding any other provision of law, in
order to assist producers of honey to market their honey in an orderly
manner during a period of disastrously low prices, the Secretary shall
make available recourse loans to producers of the 1998 crop of honey on
fair and reasonable terms and conditions, as determined by the
Secretary.
(b) Loan Rate.--The loan rate of the loans shall be 85 percent of
the average price of honey during the 5-crop year period preceding the
1998 crop year, excluding the crop year in which the average price of
honey was the highest and the crop year in which the average price of
honey was the lowest in the period.
(c) No Net Cost Basis.--Repayment of a loan under this section shall
include repayment for interest and administrative costs as necessary to
operate the program established under this section on a no net cost
basis.
<<NOTE: 7 USC 1421 note.>> SEC. 1123. NONINSURED CROP ASSISTANCE TO
RAISIN PRODUCERS.
Notwithstanding any of the provisions of section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
would exclude the following producers from benefits thereunder, the
Secretary shall make Noninsured Crop Assistance Program payments in
fiscal year 1999 to raisin producers who obtained catastrophic risk
protection but because of adverse weather conditions were not able to
comply with the policy deadlines for laying the raisins in trays.
SEC. 1124. EMERGENCY <<NOTE: 7 USC 1421 note.>> ASSISTANCE.
In addition to amounts appropriated or otherwise made available by
this Act, $50,000,000 is appropriated to the Department of Agriculture,
to remain available until expended, to provide emergency disaster
assistance to persons or entities who have incurred losses from a
failure under section 312(a) of Public Law 94-265.
SEC. 1125. FOOD FOR PROGRESS.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
[[Page 112 STAT. 2681-46]]
(1) in subsection (f)(3), by inserting after ``$30,000,000''
the following: ``(or, in the case of fiscal year 1999,
$35,000,000)'';
(2) in subsection (l)(1), by inserting after ``$10,000,000''
the following: ``(or, in the case of fiscal year 1999,
$12,000,000)'';
(3) by redesignating subsection (n) as subsection (o); and
(4) by inserting after subsection (m) the following:
``(n) During fiscal year 1999, to the maximum extent practicable,
the Secretary shall utilize Private Voluntary Organizations to carry out
this section.''.
<<NOTE: 7 USC 1421 note.>> SEC. 1126. TEMPORARY EXPANSION OF RECOURSE
LOAN AUTHORITY.
Section 137 of the Agricultural Market Transition Act (7 U.S.C.
7237) is amended--
(1) in the section heading, by inserting ``AND OTHER
FIBERS'' before the period at the end;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Recourse Loans Available for Mohair.--
``(1) Recourse loans available.--Notwithstanding any other
provision of law, during fiscal year 1999, the Secretary shall
make available recourse loans, as determined by the Secretary,
to producers of mohair produced during or before that fiscal
year.
``(2) Loan rate.--The loan rate for a loan under paragraph
(1) shall be equal to $2.00 per pound.
``(3) Term of loan.--A loan under paragraph (1) shall have a
term of 1 year beginning on the first day of the first month
after the month in which the loan is made.
``(4) Waiver of interest.--Notwithstanding subsection (d),
the Secretary shall not charge interest on a loan made under
paragraph (1).''.
<<NOTE: 7 USC 1421 note.>> SEC. 1127. PILOT PROGRAMS.
(a) Domestic Market Reporting Pilot Program.--Title IV of the
Packers and Stockyards Act is amended to include the following new
section:
<<NOTE: 7 USC 229a.>> ``SEC. 416. MANDATORY DOMESTIC REPORTING PILOT
INVESTIGATION.
``(1) In General.--The Secretary of Agriculture shall conduct a
twelve month pilot investigation, beginning upon the date of
implementation of such pilot, under which the Secretary shall require
any person or class of persons engaged in the business of buying,
selling, or marketing domestic or imported cattle for immediate
slaughter and fresh muscle cuts of beef, or domestic or imported sheep
and fresh or frozen muscle cuts of lamb, to report to the Secretary, in
the least intrusive manner possible, information relating to prices for
the procurement of these items.
``(2) Application.--This section shall only apply to a person that
is engaged in the business of buying, selling, or marketing a
significant share of the national market, as determined by the
Secretary, of the total volume of domestic or imported cattle for
immediate slaughter and fresh muscle cuts of beef, or domestic or
imported sheep and fresh or frozen muscle cuts of lamb, bought, sold, or
marketed in the United States.
``(3) Report.--Not later than six months after the conclusion of the
mandatory domestic reporting pilot investigation, the Secretary of
Agriculture shall submit a report to the Committee on Agriculture of the
House of Representatives and the Committee
[[Page 112 STAT. 2681-47]]
on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation. No information collected under
the pilot investigation may be disclosed until the report is
submitted.''.
(b) Export Market Reporting Pilot Investigation.--
(1) In general.--The Secretary shall implement a twelve
month pilot investigation, beginning on the date of
implementation, of a streamlined electronic system for
collecting export data, in the least intrusive manner possible,
for fresh or frozen muscle cuts of meat food products, and
develop a data-reporting program to disseminate summary
information in a timely manner, not to exceed two weeks after
issuance.
(2) Report.--Not later than six months after the conclusion
of the mandatory export reporting pilot investigation, the
Secretary of Agriculture shall submit a report to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation.
(c) Funding.--An amount of $250,000 is hereby appropriated to carry
out this section of the Act.
Subtitle D--Administration
<<NOTE: 7 USC 1421 note.>> SEC. 1131. COMMODITY CREDIT CORPORATION.
Subject to section 1132, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation to carry
out subtitles A, B, and C of this title.
<<NOTE: 7 USC 1421 note.>> SEC. 1132. EMERGENCY REQUIREMENT.
Notwithstanding the last sentence of section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
amounts made available by subtitles A, B, and C of this title are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided, That such amounts shall be
available only to the extent that an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to
Congress.
<<NOTE: 7 USC 1421 note.>> SEC. 1133. REGULATIONS.
(a) Issuance of Regulations.--As soon as practicable after the date
of enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall issue such regulations as are
necessary to implement subtitles A, B, and C of this title. The issuance
of the regulations shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
[[Page 112 STAT. 2681-48]]
TITLE XII--BIODIESEL
SEC. 1201. BIODIESEL FUEL USE CREDITS.
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42
U.S.C. 13211-13219) is amended by adding at the end the following new
section:
<<NOTE: 42 USC 13220.>> ``SEC. 312. BIODIESEL FUEL USE CREDITS.
``(a) Allocation of Credits.--
``(1) In general.--The Secretary shall allocate one credit
under this section to a fleet or covered person for each
qualifying volume of the biodiesel component of fuel containing
at least 20 percent biodiesel by volume purchased after the date
of the enactment of this section for use by the fleet or covered
person in vehicles owned or operated by the fleet or covered
person that weigh more than 8,500 pounds gross vehicle weight
rating.
``(2) Exceptions.--No credits shall be allocated under
paragraph (1) for a purchase of biodiesel--
``(A) for use in alternative fueled vehicles; or
``(B) that is required by Federal or State law.
``(3) Authority to modify percentage.--The Secretary may, by
rule, lower the 20 percent biodiesel volume requirement in
paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
``(4) Documentation.--A fleet or covered person seeking a
credit under this section shall provide written documentation to
the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
``(b) Use of Credits.--
``(1) In general.--At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying volume
is made, treat that purchase as the acquisition of one
alternative fueled vehicle the fleet or covered person is
required to acquire under this title, title IV, or title V.
``(2) Limitation.--Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the
alternative fueled vehicle requirements of a fleet or covered
person under this title, title IV, and title V. This paragraph
shall not apply to a fleet or covered person that is a biodiesel
alternative fuel provider described in section 501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section
shall not be considered a credit under section 508.
``(d) Issuance of Rule.--The Secretary shall, before January 1,
1999, issue a rule establishing procedures for the implementation of
this section.
``(e) Collection of Data.--The Secretary shall collect such data as
are required to make a determination described in subsection (f)(2)(B).
``(f) Definitions.--For purposes of this section--
``(1) the term `biodiesel' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under section
211 of the Clean Air Act; and
``(2) the term `qualifying volume' means--
[[Page 112 STAT. 2681-49]]
``(A) 450 gallons; or
``(B) if the Secretary determines by rule that the
average annual alternative fuel use in light duty
vehicles by fleets and covered persons exceeds 450
gallons or gallon equivalents, the amount of such
average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 1992 is amended by adding at the end of the items
relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''.
TITLE XIII--EMERGENCY APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Farm Service Agency
For an additional amount for ``Salaries and Expenses'', $40,000,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional gross obligation for the principal amount of
direct and guaranteed farm operating loans as authorized by 7 U.S.C.
1928-1929, to be available from funds in the Agricultural Credit
Insurance Fund, $540,510,000, of which $150,000,000 shall be for
unsubsidized guaranteed loans and $156,704,000 shall be for subsidized
guaranteed loans.
For the additional cost of direct and guaranteed farm operating
loans, including the cost of modifying such loans as defined in section
502 of the Congressional Budget Act of 1974, farm operating loans,
$31,405,000, of which $15,969,000 shall be for direct loans, $13,696,000
for guaranteed subsidized loans, and $1,740,000 for unsubsidized
guaranteed loans: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Commodity Credit Corporation Fund
An additional $3,000,000 is provided for the dairy production
indemnity program as established by Public Law 105-174: Provided, That
the entire amount shall be available only to the extent that an official
budget request for $3,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
[[Page 112 STAT. 2681-50]]
Natural Resources Conservation Service
For an additional amount 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, $10,000,000, to remain available until expended, as authorized
by that Act: Provided, That the entire amount shall be available only to
the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1999''.
(b) For programs, projects or activities in the Departments of
Commerce, Justice, and State, the Judiciary, 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:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $79,448,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $8,136,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these offices in
fiscal year 1998: Provided further, That not to exceed 41 permanent
positions and 48 full-time equivalent workyears and $4,811,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis: Provided further, That the
Attorney General is authorized to transfer, under such terms and
conditions as the Attorney General shall specify, forfeited real or
personal property of limited or marginal value, as such value is
determined by guidelines established by the Attorney General, to a State
or local government agency, or its designated contractor or transferee,
for use to support drug abuse treatment, drug and crime prevention and
education, housing, job skills, and other community-based public health
and safety programs: Provided
[[Page 112 STAT. 2681-51]]
further, That any transfer under the preceding proviso shall not create
or confer any private right of action in any person against the United
States, and shall be treated as a reprogramming under section 605 of
this Act.
For necessary expenses, as determined by the Attorney General,
$10,000,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of any domestic or
international terrorist incident; (2) the costs of providing support to
counter, investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these activities; (3)
the costs of conducting a terrorism threat assessment of Federal
agencies and their facilities; (4) the costs associated with ensuring
the continuance of essential Government functions during a time of
emergency; and (5) the costs of activities related to the protection of
the Nation's critical infrastructure: Provided, That any Federal agency
may be reimbursed for the costs of detaining in foreign countries
individuals accused of acts of terrorism that violate the laws of the
United States: Provided further, That funds provided under this
paragraph shall be available only after the Attorney General notifies
the Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
In addition, for necessary expenses, as determined by the Attorney
General, $135,000,000, to remain available until expended, to reimburse
or transfer to agencies of the Department of Justice for any costs
incurred in connection with: (1) providing bomb training and response
capabilities to State and local law enforcement agencies; (2) providing
training and related equipment for chemical, biological, nuclear, and
cyber attack prevention and response capabilities for States, cities,
territories, and local jurisdictions; and (3) providing grants,
contracts, cooperative agreements, and other assistance authorized by
sections 819, 821, and 822 of the Antiterrorism and Effective Death
Penalty Act of 1996: Provided, That such funds transferred to the Office
of Justice Programs may include amounts for management and
administration, which shall be transferred to and merged with the
``Justice Assistance'' account.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration related activities, $75,312,000.
In addition, $59,251,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $35,610,000; including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character, to be expended under the
direction of, and to be accounted for solely under the
[[Page 112 STAT. 2681-52]]
certificate of, the Attorney General; and for the acquisition, lease,
maintenance, and operation of motor vehicles, without regard to the
general purchase price limitation for the current fiscal year: Provided,
That up to one-tenth of one percent of the Department of Justice's
allocation from the Violent Crime Reduction Trust Fund grant programs
may be transferred at the discretion of the Attorney General to this
account for the audit or other review of such grant programs, as
authorized by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $7,400,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $466,840,000; of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation, not to
exceed $17,834,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States National
Central Bureau, INTERPOL, for official reception and representation
expenses: Provided further, That $813,333 of funds made available to the
Department of Justice in this Act shall be transferred by the Attorney
General to the Presidential Advisory Commission on Holocaust Assets in
the United States: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
In addition, $8,160,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
[[Page 112 STAT. 2681-53]]
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $68,275,000: Provided, That, notwithstanding any other provision
of law, not to exceed $68,275,000 of offsetting collections derived from
fees collected in fiscal year 1999 for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary expenses in this
appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as such offsetting
collections are received during fiscal year 1999, so as to result in a
final fiscal year 1999 appropriation from the General Fund estimated at
not more than $0.
For necessary expenses of the Offices of the United States
Attorneys, including intergovernmental and cooperative agreements,
$1,009,680,000; of which not to exceed $2,500,000 shall be available
until September 30, 2000, for (1) training personnel in debt collection,
(2) locating debtors and their property, (3) paying the net costs of
selling property, and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That not
to exceed $1,000,000 shall remain available until expended for the
expansion of existing Violent Crime Task Forces in United States
Attorneys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agreements,
however denominated, and contracts with State and local prosecutorial
and law enforcement agencies engaged in the investigation and
prosecution of violent crimes: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the Offices of
the United States Attorneys, not to exceed 9,044 positions and 9,312
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys: Provided
further, That $2,300,000 shall be used to provide for additional
assistant United States attorneys and investigators to serve in
Philadelphia, Pennsylvania, and Camden County, New Jersey, to enforce
Federal laws designed to prevent the possession by criminals of firearms
(as that term is defined in section 921(a) of title 18, United States
Code), of which $1,500,000 shall be used to provide for those attorneys
and investigators in Philadelphia, Pennsylvania, and $800,000 shall be
used to provide for those attorneys and investigators in Camden County,
New Jersey.
In addition, $80,698,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
[[Page 112 STAT. 2681-54]]
Tuesday, April 2, 2013
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