PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 299

Public Law 104–37

104th Congress

An Act

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September

30, 1996, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies programs

for the fiscal year ending September 30, 1996, and for other purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary of Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.

3109, $10,227,000, of which $7,500,000 to remain available until

expended, shall be available for InfoShare: Provided, That not to

exceed $11,000 of this amount, along with any unobligated balances

of representation funds in the Foreign Agricultural Service shall

be available for official reception and representation expenses, not

otherwise provided for, as determined by the Secretary.

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost benefit analysis, and the

functions of the World Agricultural Outlook Board, as authorized

by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and

including employment pursuant to the second sentence of the section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which

not to exceed $5,000 is for employment under 5 U.S.C. 3109,

$3,948,000.

Agriculture,

Rural

Development,

Food and Drug

Administration,

and Related

Agencies

Appropriations

Act, 1996.

Oct. 21, 1995

[H.R. 1976]
109 STAT. 300 PUBLIC LAW 104–37—OCT. 21, 1995

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, including employment pursuant to the second sentence of section

706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not

to exceed $25,000 is for employment under 5 U.S.C. 3109,

$11,846,000.

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program Analysis, including employment pursuant to the second sentence

of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

which not to exceed $5,000 is for employment under 5 U.S.C.

3109, $5,899,000.

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Officer, including employment pursuant to the second sentence

of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

which not to exceed $10,000 is for employment under 5 U.S.C.

3109, $4,133,000: Provided, That the Chief Financial Officer shall

reinstate and market cross-servicing activities of the National

Finance Center: Provided further, That none of the funds appropriated or otherwise made available by this Act shall be used

to obtain, modify, re-engineer, license, operate, implement, or

expand commercial off-the-shelf financial management software systems or existing commercial off-the-shelf system financial management contracts, beyond general ledger systems and accounting support software, at the National Finance Center until thirty legislative

days after the Secretary of Agriculture submits to the House and

Senate Committees on Appropriations a complete and thorough

cost-benefit analysis and a certification by the Secretary of Agriculture that this analysis provides a detailed and accurate costbenefit analysis comparison between obtaining or expanding

commercial off-the-shelf software systems and conducting identical

or comparable software systems acquisitions, re-engineering, or

modifications in-house.

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

For necessary salaries and expenses of the Office of the Assistant Secretary for Administration to carry out the programs funded

in this Act, $596,000.

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to

Public Law 92–313, including authorities pursuant to the 1984

delegation of authority from the Administrator of General Services

to the Department of Agriculture under 40 U.S.C. 486, for programs

and activities of the Department which are included in this Act,

$110,187,000, of which $20,216,000 shall be retained by the Department for the operation, maintenance, and repair of Agriculture

buildings: Provided, That in the event an agency within the Department should require modification of space needs, the Secretary
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 301

of Agriculture may transfer a share of that agency’s appropriation

made available by this Act to this appropriation, or may transfer

a share of this appropriation to that agency’s appropriation, but

such transfers shall not exceed 5 percent of the funds made available for space rental and related costs to or from this account.

In addition, for construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary

to carry out the programs of the Department, where not otherwise

provided, $25,587,000, to remain available until expended; making

a total appropriation of $135,774,000.

ADVISORY COMMITTEES (USDA)

For necessary expenses for activities of advisory committees

of the Department of Agriculture which are included in this Act,

$650,000: Provided, That no other funds appropriated to the Department in this Act shall be available to the Department for support

of activities of advisory committees.

HAZARDOUS WASTE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to

comply with the requirement of section 107(g) of the Comprehensive

Environmental Response, Compensation, and Liability Act, as

amended, 42 U.S.C. 9607(g), and section 6001 of the Resource

Conservation and Recovery Act, as amended, 42 U.S.C. 6961,

$15,700,000, to remain available until expended: Provided, That

appropriations and funds available herein to the Department for

Hazardous Waste Management may be transferred to any agency

of the Department for its use in meeting all requirements pursuant

to the above Acts on Federal and non-Federal lands.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Personnel, Operations, Information Resources Management, Civil Rights Enforcement, Small and Disadvantaged Business

Utilization, Administrative Law Judges and Judicial Officer, Disaster Management and Coordination, and Modernization of the

Administrative Process, $27,986,000, to provide for necessary

expenses for management support services to offices of the Department and for general administration and disaster management

of the Department, repairs and alterations, and other miscellaneous

supplies and expenses not otherwise provided for and necessary

for the practical and efficient work of the Department, including

employment pursuant to the second sentence of section 706(a) of

the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed

$10,000 is for employment under 5 U.S.C. 3109: Provided, That

this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of

hearings as required by 5 U.S.C. 551–558.
109 STAT. 302 PUBLIC LAW 104–37—OCT. 21, 1995

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs

funded in this Act, including programs involving intergovernmental

affairs and liaison within the executive branch, $3,797,000: Provided, That no other funds appropriated to the Department in

this Act shall be available to the Department for support of activities

of congressional relations: Provided further, That not less than

$2,355,000 shall be transferred to agencies funded in this Act to

maintain personnel at the agency level.

OFFICE OF COMMUNICATIONS

For necessary expenses to carry on services relating to the

coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information,

work, and programs authorized by Congress in the Department,

$8,198,000, including employment pursuant to the second sentence

of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

which not to exceed $10,000 shall be available for employment

under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used

for farmers’ bulletins.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General,

including employment pursuant to the second sentence of section

706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector

General Act of 1978, as amended, $63,639,000, including such sums

as may be necessary for contracting and other arrangements with

public agencies and private persons pursuant to section 6(a)(9)

of the Inspector General Act of 1978, as amended, including a

sum not to exceed $50,000 for employment under 5 U.S.C. 3109;

and including a sum not to exceed $95,000 for certain confidential

operational expenses including the payment of informants, to be

expended under the direction of the Inspector General pursuant

to Public Law 95–452 and section 1337 of Public Law 97–98: Provided, That funds transferred to the Office of the Inspector General

through forfeiture proceedings or from the Department of Justice

Assets Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency, as an equitable share from

the forfeiture of property in investigations in which the Office

of Inspector General participates, or through the granting of a

Petition for Remission or Mitigation, shall be deposited to the

credit of this account for law enforcement activities authorized

under the Inspector General Act of 1978, as amended, to remain

available until expended.

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel,

$27,860,000.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 303

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary salaries and expenses of the Office of the Under

Secretary for Research, Education and Economics to administer

the laws enacted by the Congress for the Economic Research Service, the National Agricultural Statistics Service, the Agricultural

Research Service and the Cooperative State Research, Education,

and Extension Service, $520,000.

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in

conducting economic research and analysis, as authorized by the

Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other

laws, $53,131,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section

706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics

Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and

improvements, and marketing surveys, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other laws,

$81,107,000: Provided, That this appropriation shall be available

for employment pursuant to the second sentence of section 706(a)

of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed

$40,000 shall be available for employment under 5 U.S.C. 3109.

AGRICULTURAL RESEARCH SERVICE

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to enable the Agricultural Research

Service to perform agricultural research and demonstration relating

to production, utilization, marketing, and distribution (not otherwise

provided for); home economics or nutrition and consumer use including the acquisition, preservation, and dissemination of agricultural

information; and for acquisition of lands by donation, exchange,

or purchase at a nominal cost not to exceed $100, $710,000,000:

Provided, That appropriations hereunder shall be available for temporary employment pursuant to the second sentence of section

706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to

exceed $115,000 shall be available for employment under 5 U.S.C.

3109: Provided further, That appropriations hereunder shall be

available for the operation and maintenance of aircraft and the

purchase of not to exceed one for replacement only: Provided further,

That appropriations hereunder shall be available pursuant to 7

U.S.C. 2250 for the construction, alteration, and repair of buildings

and improvements, but unless otherwise provided the cost of constructing any one building shall not exceed $250,000, except for

headhouses or greenhouses which shall each be limited to

$1,000,000, and except for ten buildings to be constructed or

improved at a cost not to exceed $500,000 each, and the cost

of altering any one building during the fiscal year shall not exceed

10 percent of the current replacement value of the building or

7 USC 2254.

7 USC 2254.
109 STAT. 304 PUBLIC LAW 104–37—OCT. 21, 1995

$250,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act

of April 24, 1948 (21 U.S.C. 113a): Provided further, That the

foregoing limitations shall not apply to the purchase of land at

Beckley, West Virginia: Provided further, That not to exceed

$190,000 of this appropriation may be transferred to and merged

with the appropriation for the Office of the Under Secretary for

Research, Education and Economics for the scientific review of

international issues involving agricultural chemicals and food additives: Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research

project of the Agricultural Research Service, as authorized by law:

Provided further, That all rights and title of the United States

in the property known as USDA Houma Sugar Cane Research

Laboratory, consisting of approximately 20 acres in the City of

Houma and 150 acres of farmland in Chacahula, Louisiana, including facilities and equipment, shall be conveyed to the American

Sugar Cane League Foundation: Provided further, That all rights

and title of the United States in the Agricultural Research Station

at Brawley, California, consisting of 80 acres of land, including

facilities and equipment, shall be conveyed to Imperial County,

California: Provided further, That all rights and title of the United

States in the Pecan Genetics and Improvement Research Laboratory, consisting of 84.2 acres of land, including facilities and equipment, shall be conveyed to Texas A&M University: Provided further,

That the property originally conveyed by the State of Tennessee

to the U.S. Department of Agriculture, Agricultural Research Service, in Lewisburg, Tennessee be conveyed to the University of Tennessee.

None of the funds in the foregoing paragraph shall be available

to carry out research related to the production, processing or

marketing of tobacco or tobacco products.

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement,

extension, alteration, and purchase of fixed equipment or facilities

as necessary to carry out the agricultural research programs of

the Department of Agriculture, where not otherwise provided,

$30,200,000, to remain available until expended (7 U.S.C. 2209b):

Provided, That funds may be received from any State, other political

subdivision, organization, or individual for the purpose of establishing any research facility of the Agricultural Research Service, as

authorized by law.

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other

expenses, including $168,734,000 to carry into effect the provisions

of the Hatch Act (7 U.S.C. 361a–361i); $20,497,000 for grants for

Public lands.

Tennessee.

University of

Tennessee.

Public lands.

Texas.

Texas A&M

University.

Public lands.

California.

Public lands.

Louisiana.

American Sugar

Cane League

Foundation.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 305

cooperative forestry research (16 U.S.C. 582a–582–a7); $27,735,000

for payments to the 1890 land-grant colleges, including Tuskegee

University (7 U.S.C. 3222); $49,846,000 for special grants for agricultural research (7 U.S.C. 450i(c)); $9,769,000 for special grants

for agricultural research on improved pest control (7 U.S.C. 450i(c));

$96,735,000 for competitive research grants (7 U.S.C. 450i(b));

$5,051,000 for the support of animal health and disease programs

(7 U.S.C. 3195); $650,000 for supplemental and alternative crops

and products (7 U.S.C. 3319d); $500,000 for grants for research

pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C.

178) and section 1472 of the Food and Agriculture Act of 1977,

as amended (7 U.S.C. 3318), to remain available until expended;

$475,000 for rangeland research grants (7 U.S.C. 3331–3336);

$3,500,000 for higher education graduate fellowships grants (7

U.S.C. 3152(b)(6)), to remain available until expended (7 U.S.C.

2209b); $4,350,000 for higher education challenge grants (7 U.S.C.

3152(b)(1)); $1,000,000 for a higher education minority scholars

program (7 U.S.C. 3152(b)(5)), to remain available until expended

(7 U.S.C. 2209b); $4,000,000 for aquaculture grants (7 U.S.C. 3322);

$8,100,000 for sustainable agriculture research and education (7

U.S.C. 5811); $9,200,000 for a program of capacity building grants

to colleges eligible to receive funds under the Act of August 30,

1890 (7 U.S.C. 321–326 and 328), including Tuskegee University,

to remain available until expended (7 U.S.C. 2209b); $1,450,000

for payments to the 1994 Institutions pursuant to section 534(a)(1)

of Public Law 103–382; and $10,337,000 for necessary expenses

of Research and Education Activities, of which not to exceed

$100,000 shall be for employment under 5 U.S.C. 3109; in all,

$421,929,000.

None of the funds in the foregoing paragraph shall be available

to carry out research related to the production, processing or

marketing of tobacco or tobacco products.

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For establishment of a Native American institutions endowment

fund, as authorized by Public Law 130–382 (7 U.S.C. 301 note),

$4,600,000.

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement,

extension, alteration, and purchase of fixed equipment or facilities

and for grants to States and other eligible recipients for such

purposes, as necessary to carry out the agricultural research, extension, and teaching programs of the Department of Agriculture,

where not otherwise provided, $57,838,000, to remain available

until expended (7 U.S.C. 2209b).

EXTENSION ACTIVITIES

Payments to States, the District of Columbia, Puerto Rico,

Guam, the Virgin Islands, Micronesia, Northern Marianas, and

American Samoa: For payments for cooperative extension work

under the Smith-Lever Act, as amended, to be distributed under

sections 3(b) and 3(c) of said Act, and under section 208(c) of

Public Law 93–471, for retirement and employees’ compensation

costs for extension agents and for costs of penalty mail for coopera-
109 STAT. 306 PUBLIC LAW 104–37—OCT. 21, 1995

tive extension agents and State extension directors, $268,493,000;

payments for the nutrition and family education program for lowincome areas under section 3(d) of the Act, $60,510,000; payments

for the pest management program under section 3(d) of the Act,

$10,783,000; payments for the farm safety program under section

3(d) of the Act, $2,943,000; payments for the pesticide impact assessment program under section 3(d) of the Act, $3,313,000; payments

to upgrade 1890 land-grant college research, extension, and teaching

facilities as authorized by section 1447 of Public Law 95–113, as

amended (7 U.S.C. 3222b), $7,782,000, to remain available until

expended; payments for the rural development centers under section

3(d) of the Act, $936,000; payments for a groundwater quality

program under section 3(d) of the Act, $11,065,000; payments for

the agricultural telecommunications program, as authorized by Public Law 101–624 (7 U.S.C. 5926), $1,203,000; payments for youthat-risk programs under section 3(d) of the Act, $9,850,000; payments

for a food safety program under section 3(d) of the Act, $2,438,000;

payments for carrying out the provisions of the Renewable

Resources Extension Act of 1978, $3,291,000; payments for Indian

reservation agents under section 3(d) of the Act, $1,724,000; payments for sustainable agriculture programs under section 3(d) of

the Act, $3,411,000; payments for rural health and safety education

as authorized by section 2390 of Public Law 101–624 (7 U.S.C.

2661 note, 2662), $2,709,000; payments for cooperative extension

work by the colleges receiving the benefits of the second Morrill

Act (7 U.S.C. 321–326, 328) and Tuskegee University, $25,090,000;

and for Federal administration and coordination including administration of the Smith-Lever Act, as amended, and the Act of September 29, 1977 (7 U.S.C. 341–349), as amended, and section 1361(c)

of the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate

and provide program leadership for the extension work of the

Department and the several States and insular possessions,

$12,209,000; in all, $427,750,000: Provided, That funds hereby

appropriated pursuant to section 3(c) of the Act of June 26, 1953,

and section 506 of the Act of June 23, 1972, as amended, shall

not be paid to any State, the District of Columbia, Puerto Rico,

Guam, or the Virgin Islands, Micronesia, Northern Marianas, and

American Samoa prior to availability of an equal sum from nonFederal sources for expenditure during the current fiscal year.

OFFICE OF THE ASSISTANT SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary salaries and expenses of the Office of the Assistant Secretary for Marketing and Regulatory Programs to administer

programs under the laws enacted by the Congress for the Animal

and Plant Health Inspection Service, Agricultural Marketing Service, and the Grain Inspection, Packers and Stockyards Administration, $605,000.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947, as amended (21 U.S.C. 114b–
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 307

c), necessary to prevent, control, and eradicate pests and plant

and animal diseases; to carry out inspection, quarantine, and regulatory activities; to discharge the authorities of the Secretary of

Agriculture under the Act of March 2, 1931 (46 Stat. 1468; 7

U.S.C. 426–426b); and to protect the environment, as authorized

by law, $331,667,000, of which $4,799,000 shall be available for

the control of outbreaks of insects, plant diseases, animal diseases

and for control of pest animals and birds to the extent necessary

to meet emergency conditions: Provided, That in fiscal year 1996,

amounts in the agricultural quarantine inspection user fee account

shall be available for authorized purposes without further appropriation: Provided further, That no funds shall be used to formulate

or administer a brucellosis eradication program for the current

fiscal year that does not require minimum matching by the States

of at least 40 percent: Provided further, That this appropriation

shall be available for field employment pursuant to the second

sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.

2225), and not to exceed $40,000 shall be available for employment

under 5 U.S.C. 3109: Provided further, That this appropriation

shall be available for the operation and maintenance of aircraft

and the purchase of not to exceed four, of which two shall be

for replacement only: Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production

industry of this country, the Secretary may transfer from other

appropriations or funds available to the agencies or corporations

of the Department such sums as he may deem necessary, to be

available only in such emergencies for the arrest and eradication

of contagious or infectious diseases or pests of animals, poultry,

or plants, and for expenses in accordance with the Act of February

28, 1947, as amended, and section 102 of the Act of September

21, 1944, as amended, and any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal

year shall be merged with such transferred amounts: Provided

further, That appropriations hereunder shall be available pursuant

to law (7 U.S.C. 2250) for the repair and alteration of leased

buildings and improvements, but unless otherwise provided the

cost of altering any one building during the fiscal year shall not

exceed 10 percent of the current replacement value of the building:

Provided further, That of the funds provided, the Secretary of

Agriculture may provide for the funding of all fees or charges

under section 2509 of Public Law 101–624, codified at 21 U.S.C.

136a(c), for any service related to the cost of providing import,

entry, diagnostic and quarantine services in connection with the

1996 Summer Olympic Games to be held in Atlanta, Georgia.

In fiscal year 1996 the agency is authorized to collect fees

to cover the total costs of providing technical assistance, goods,

or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity’s

liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and

such fees shall be credited to this account, to remain available

until expended, without further appropriation, for providing such

assistance, goods, or services.

21 USC 129.
109 STAT. 308 PUBLIC LAW 104–37—OCT. 21, 1995

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,

environmental support, improvement, extension, alteration, and

purchase of fixed equipment or facilities, as authorized by 7 U.S.C.

2250, and acquisition of land as authorized by 7 U.S.C. 428a,

$8,757,000, to remain available until expended.

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses to carry on services related to consumer

protection, agricultural marketing and distribution, transportation,

and regulatory programs, as authorized by law, and for administration and coordination of payments to States; including field employment pursuant to section 706(a) of the Organic Act of 1944 (7

U.S.C. 2225), and not to exceed $90,000 for employment under

5 U.S.C. 3109, $46,517,000, including funds for the wholesale market development program for the design and development of wholesale and farmer market facilities for the major metropolitan areas

of the country: Provided, That this appropriation shall be available

pursuant to law (7 U.S.C. 2250) for the alteration and repair of

buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current

replacement value of the building.

Fees may be collected for the cost of standardization activities,

as established by regulation pursuant to law (31 U.S.C. 9701).

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $58,461,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up

to 10 percent with notification to the Appropriations Committees.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24,

1935 (7 U.S.C. 612c) shall be used only for commodity program

expenses as authorized therein, and other related operating

expenses, except for: (1) transfers to the Department of Commerce

as authorized by the Fish and Wildlife Act of August 8, 1956;

(2) transfers otherwise provided in this Act; and (3) not more

than $10,451,000 for formulation and administration of marketing

agreements and orders pursuant to the Agricultural Marketing

Agreement Act of 1937, as amended, and the Agricultural Act

of 1961.

In fiscal year 1996, no more than $23,900,000 in section 32

funds shall be used to promote sunflower and cottonseed oil exports

as authorized by section 1541 of Public Law 101–624 (7 U.S.C.

1464 note), and such funds shall be used to facilitate additional

sales of such oils in world markets.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 309

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946

(7 U.S.C. 1623(b)), $1,200,000.

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United States Grain Standards Act, as amended, for the administration

of the Packers and Stockyards Act, for certifying procedures used

to protect purchasers of farm products, and the standardization

activities related to grain under the Agricultural Marketing Act

of 1946, as amended, including field employment pursuant to section

706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to

exceed $25,000 for employment under 5 U.S.C. 3109, $23,058,000:

Provided, That this appropriation shall be available pursuant to

law (7 U.S.C. 2250) for the alteration and repair of buildings and

improvements, but the cost of altering any one building during

the fiscal year shall not exceed 10 percent of the current replacement value of the building.

INSPECTION AND WEIGHING SERVICES

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,784,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing

services: Provided, That if grain export activities require additional

supervision and oversight, or other uncontrollable factors occur,

this limitation may be exceeded by up to 10 percent with notification

to the Appropriations Committees.

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary salaries and expenses of the Office of the Under

Secretary for Food Safety to administer the laws enacted by the

Congress for the Food Safety and Inspection Service, $440,000.

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry on services authorized by the

Federal Meat Inspection Act, as amended, the Poultry Products

Inspection Act, as amended, and the Egg Products Inspection Act,

as amended, $544,906,000, and in addition, $1,000,000 may be

credited to this account from fees collected for the cost of laboratory

accreditation as authorized by section 1017 of Public Law 102–

237: Provided, That this appropriation shall not be available for

shell egg surveillance under section 5(d) of the Egg Products Inspection Act (21 U.S.C. 1034(d)): Provided further, That this appropriation shall be available for field employment pursuant to section

706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to

exceed $75,000 shall be available for employment under 5 U.S.C.

3109: Provided further, That this appropriation shall be available

pursuant to law (7 U.S.C. 2250) for the alteration and repair of

buildings and improvements, but the cost of altering any one build-
109 STAT. 310 PUBLIC LAW 104–37—OCT. 21, 1995

ing during the fiscal year shall not exceed 10 percent of the current

replacement value of the building.

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary salaries and expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services to administer

the laws enacted by Congress for the Consolidated Farm Service

Agency, Foreign Agricultural Service, and the Commodity Credit

Corporation, $549,000.

CONSOLIDATED FARM SERVICE AGENCY

SALARIES AND EXPENSES

For necessary expenses for carrying out the administration and implementation of programs administered by the Consolidated

Farm Service Agency, $795,000,000: Provided, That the Secretary is authorized to use the services, facilities, and authorities (but

not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for

authorized activities may be advanced to and merged with this

account: Provided further, That these funds shall be available for

employment pursuant to the second sentence of section 706(a) of

the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed

$1,000,000 shall be available for employment under 5 U.S.C. 3109.

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit

Act of 1987, as amended (7 U.S.C. 5101–5106), $2,000,000.

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses involved in making indemnity payments

to dairy farmers for milk or cows producing such milk and manufacturers of dairy products who have been directed to remove their

milk or dairy products from commercial markets because it contained residues of chemicals registered and approved for use by

the Federal Government, and in making indemnity payments for

milk, or cows producing such milk, at a fair market value to

any dairy farmer who is directed to remove his milk from commercial markets because of (1) the presence of products of nuclear

radiation or fallout if such contamination is not due to the fault

of the farmer, or (2) residues of chemicals or toxic substances

not included under the first sentence of the Act of August 13,

1968, as amended (7 U.S.C. 450j), if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the

contamination is not due to the fault of the farmer, $100,000,

to remain available until expended (7 U.S.C. 2209b): Provided,

That none of the funds contained in this Act shall be used to

make indemnity payments to any farmer whose milk was removed

from commercial markets as a result of his willful failure to follow

procedures prescribed by the Federal Government: Provided further,
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 311

That this amount shall be transferred to the Commodity Credit

Corporation: Provided further, That the Secretary is authorized

to utilize the services, facilities, and authorities of the Commodity

Credit Corporation for the purpose of making dairy indemnity

disbursements.

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

For grants and contracts pursuant to section 2501 of the Food,

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),

$1,000,000, to remain available until expended.

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

guaranteed loans as authorized by 7 U.S.C. 1928–1929, to be available from funds in the Agricultural Credit Insurance Fund, as

follows: farm ownership loans, $610,000,000, of which $550,000,000

shall be for guaranteed loans; operating loans, $2,450,000,000, of

which $1,700,000,000 shall be for unsubsidized guaranteed loans

and $200,000,000 shall be for subsidized guaranteed loans; Indian

tribe land acquisition loans as authorized by 25 U.S.C. 488,

$750,000; for emergency insured loans, $100,000,000 to meet the

needs resulting from natural disasters.

For the cost of direct and guaranteed loans, including the

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,

$34,053,000, of which $20,019,000 shall be for guaranteed loans;

operating loans, $111,505,000, of which $18,360,000 shall be for

unsubsidized guaranteed loans and $17,960,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as

authorized by 25 U.S.C. 488, $206,000; for emergency insured loans,

$32,080,000 to meet the needs resulting from natural disasters.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $221,541,000, which

shall be transferred to and merged with the following accounts

in the following amounts: $208,446,000 to ‘‘Salaries and Expenses’’;

$318,000 to ‘‘Rural Utilities Service, Salaries and Expenses’’; and

$171,000 to ‘‘Rural Housing and Community Development Service,

Salaries and Expenses’’.

CORPORATIONS

The following corporations and agencies are hereby authorized

to make expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accord

with law, and to make contracts and commitments without regard

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary

in carrying out the programs set forth in the budget for the current

fiscal year for such corporation or agency, except as hereinafter

provided.
109 STAT. 312 PUBLIC LAW 104–37—OCT. 21, 1995

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal

Crop Insurance Act, as amended, such sums as may be necessary,

to remain available until expended (7 U.S.C. 2209b).

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

For fiscal year 1996, such sums as may be necessary to

reimburse the Commodity Credit Corporation for net realized losses

sustained, but not previously reimbursed (estimated to be

$10,400,000,000 in the President’s fiscal year 1996 Budget Request

(H. Doc. 104–4)), but not to exceed $10,400,000,000, pursuant to

section 2 of the Act of August 17, 1961, as amended (15 U.S.C.

713a–11).

OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE

MANAGEMENT

For fiscal year 1996, the Commodity Credit Corporation shall

not expend more than $5,000,000 for expenses to comply with

the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended,

42 U.S.C. 9607(g), and section 6001 of the Resource Conservation

and Recovery Act, as amended, 42 U.S.C. 6961: Provided, That

expenses shall be for operations and maintenance costs only and

that other hazardous waste management costs shall be paid for

by the USDA Hazardous Waste Management appropriation in this

Act.

TITLE II

CONSERVATION PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR

NATURAL RESOURCES AND ENVIRONMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Natural Resources and Environment to administer

the laws enacted by the Congress for the Forest Service and the

Natural Resources Conservation Service, $677,000.

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the

Act of April 27, 1935 (16 U.S.C. 590a–590f) including preparation

of conservation plans and establishment of measures to conserve

soil and water (including farm irrigation and land drainage and

such special measures for soil and water management as may

be necessary to prevent floods and the siltation of reservoirs and

to control agricultural related pollutants); operation of conservation

plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests

therein for use in the plant materials program by donation,
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 313

exchange, or purchase at a nominal cost not to exceed $100 pursuant

to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection

or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $629,986,000, to

remain available until expended (7 U.S.C. 2209b), of which not

less than $5,852,000 is for snow survey and water forecasting

and not less than $8,875,000 is for operation and establishment

of the plant materials centers: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction

and improvement of buildings and public improvements at plant

materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not

exceed $250,000: Provided further, That when buildings or other

structures are erected on non-Federal land, that the right to use

such land is obtained as provided in 7 U.S.C. 2250a: Provided

further, That this appropriation shall be available for technical

assistance and related expenses to carry out programs authorized

by section 202(c) of title II of the Colorado River Basin Salinity

Control Act of 1974, as amended (43 U.S.C. 1592(c)): Provided

further, That no part of this appropriation may be expended for

soil and water conservation operations under the Act of April 27,

1935 (16 U.S.C. 590a–590f) in demonstration projects: Provided

further, That this appropriation shall be available for employment

pursuant to the second sentence of section 706(a) of the Organic

Act of 1944 (7 U.S.C. 2225) and not to exceed $25,000 shall be

available for employment under 5 U.S.C. 3109: Provided further,

That qualified local engineers may be temporarily employed at

per diem rates to perform the technical planning work of the Service

(16 U.S.C. 590e–2).

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures,

including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, rehabilitation of existing works and changes in use of land, in accordance with the

Watershed Protection and Flood Prevention Act approved August

4, 1954, as amended (16 U.S.C. 1001–1005, 1007–1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), and in

accordance with the provisions of laws relating to the activities

of the Department, $100,000,000, to remain available until

expended (7 U.S.C. 2209b) (of which $15,000,000 shall be available

for the watersheds authorized under the Flood Control Act approved

June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and

supplemented): Provided, That this appropriation shall be available

for employment pursuant to the second sentence of section 706(a)

of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed

$200,000 shall be available for employment under 5 U.S.C. 3109:

Provided further, That not to exceed $1,000,000 of this appropriation

is available to carry out the purposes of the Endangered Species

Act of 1973 (Public Law 93–205), as amended, including cooperative

efforts as contemplated by that Act to relocate endangered or threatened species to other suitable habitats as may be necessary to

expedite project construction.
109 STAT. 314 PUBLIC LAW 104–37—OCT. 21, 1995

RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects

for resource conservation and development and for sound land use

pursuant to the provisions of section 32(e) of title III of the

Bankhead-Jones Farm Tenant Act, as amended (7 U.S.C. 1010–

1011; 76 Stat. 607), and the provisions of the Act of April 27,

1935 (16 U.S.C. 590a–f), and the provisions of the Agriculture

and Food Act of 1981 (16 U.S.C. 3451–3461), $29,000,000, to remain

available until expended (7 U.S.C. 2209): Provided, That this appropriation shall be available for employment pursuant to the second

sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.

2225), and not to exceed $50,000 shall be available for employment

under 5 U.S.C. 3109.

FORESTRY INCENTIVES PROGRAM

For necessary expenses, not otherwise provided for, to carry

out the program of forestry incentives, as authorized in the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101), including

technical assistance and related expenses, $6,325,000, to remain

available until expended, as authorized by that Act.

COLORADO RIVER BASIN SALINITY CONTROL PROGRAM

For necessary expenses for carrying out a voluntary cooperative

salinity control program pursuant to section 202(c) of title II of

the Colorado River Basin Salinity Control Act, as amended (43

U.S.C. 1592(c)), to be used to reduce salinity in the Colorado River

and to enhance the supply and quality of water available for use

in the United States and the Republic of Mexico, $2,681,000, to

remain available until expended (7 U.S.C. 2209b), to be used for

the establishment of on-farm irrigation management systems,

including lateral improvement measures, for making cost-share payments to agricultural landowners and operators, Indian tribes,

irrigation districts and associations, local governmental and nongovernmental entities, and other landowners to aid them in carrying

out approved conservation practices as determined and recommended by the Secretary, and for associated costs of program

planning, information and education, and program monitoring and

evaluation.

WATERSHED SURVEYS AND PLANNING

For necessary expenses to conduct research, investigation, and

surveys of watersheds of rivers and other waterways, and for small

watershed investigations and planning, in accordance with the

Watershed Protection and Flood Prevention Act approved August

4, 1954, as amended (16 U.S.C. 1001–1009), $14,000,000: Provided,

That this appropriation shall be available for employment pursuant

to the second sentence of section 706(a) of the Organic Act of

1944 (7 U.S.C. 2225), and not to exceed $110,000 shall be available

for employment under 5 U.S.C. 3109.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 315

WETLANDS RESERVE PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the wetlands reserve program pursuant to subchapter C of subtitle D of title XII of the

Food Security Act of 1985 (16 U.S.C. 3837), $77,000,000, to remain

available until expended: Provided, That the Secretary is authorized

to use the services, facilities, and authorities of the Commodity

Credit Corporation for the purpose of carrying out the wetlands

reserve program.

CONSOLIDATED FARM SERVICE AGENCY

AGRICULTURAL CONSERVATION PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry into effect the program authorized in sections 7 to 15, 16(a), 16(f), and 17 of the Soil Conservation

and Domestic Allotment Act approved February 29, 1936, as amended and supplemented (16 U.S.C. 590g–590o, 590p(a), 590p(f), and

590q), and sections 1001–1004, 1006–1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer

Protection Act of 1973 (16 U.S.C. 1501–1504, 1506–1508, and 1510),

and including not to exceed $15,000 for the preparation and display

of exhibits, including such displays at State, interstate, and international fairs within the United States, $75,000,000, to remain

available until expended (16 U.S.C. 590o), for agreements, excluding

administration but including technical assistance and related

expenses (16 U.S.C. 590o), except that no participant in the agricultural conservation program shall receive more than $3,500 per

year, except where the participants from two or more farms or

ranches join to carry out approved practices designed to conserve

or improve the agricultural resources of the community, or where

a participant has a long-term agreement, in which case the total

payment shall not exceed the annual payment limitation multiplied

by the number of years of the agreement: Provided, That no portion

of the funds for the current year’s program may be utilized to

provide financial or technical assistance for drainage on wetlands

now designated as Wetlands Types 3 (III) through 20 (XX) in

United States Department of the Interior, Fish and Wildlife Circular

39, Wetlands of the United States, 1956: Provided further, That

such amounts shall be available for the purchase of seeds, fertilizers,

lime, trees, or any other conservation materials, or any soil-terracing services, and making grants thereof to agricultural producers

to aid them in carrying out approved farming practices as authorized by the Soil Conservation and Domestic Allotment Act, as

amended, as determined and recommended by the county committees, approved by the State committees and the Secretary, under

programs provided for herein: Provided further, That such assistance will not be used for carrying out measures and practices

that are primarily production-oriented or that have little or no

conservation or pollution abatement benefits: Provided further, That

not to exceed 5 percent of the allocation for the current year’s

program for any county may, on the recommendation of such county

committee and approval of the State committee, be withheld and

allotted to the Natural Resources Conservation Service for services
109 STAT. 316 PUBLIC LAW 104–37—OCT. 21, 1995

of its technicians in formulating and carrying out the agricultural

conservation program in the participating counties, and shall not

be utilized by the Natural Resources Conservation Service for any

purpose other than technical and other assistance in such counties,

and in addition, on the recommendation of such county committee

and approval of the State committee, not to exceed 1 percent may

be made available to any other Federal, State, or local public

agency for the same purpose and under the same conditions: Provided further, That not to exceed $11,000,000 of the amount appropriated shall be used for water quality payments and practices

in the same manner as permitted under the program for water

quality authorized in chapter 2 of subtitle D of title XII of the

Food Security Act of 1985, as amended (16 U.S.C. 3838 et seq.).

CONSERVATION RESERVE PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the conservation reserve

program pursuant to the Food Security Act of 1985 (16 U.S.C.

3831–3845), $1,781,785,000, to remain available until expended,

to be used for Commodity Credit Corporation expenditures for costshare assistance for the establishment of conservation practices

provided for in approved conservation reserve program contracts,

for annual rental payments provided in such contracts, and for

technical assistance.

TITLE III

RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR RURAL ECONOMIC AND

COMMUNITY DEVELOPMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Rural Economic and Community Development to

administer programs under the laws enacted by the Congress for

the Rural Housing and Community Development Service, Rural

Business and Cooperative Development Service, and the Rural Utilities Service of the Department of Agriculture, $568,000.

RURAL HOUSING AND COMMUNITY DEVELOPMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Rural Housing and Community

Development Service, including administering the programs authorized by the Consolidated Farm and Rural Development Act, as

amended, title V of the Housing Act of 1949, as amended, and

cooperative agreements, $46,583,000: Provided, That this appropriation shall be available for employment pursuant to the second

sentence of 706(a) of the Organic Act of 1944, and not to exceed

$500,000 may be used for employment under 5 U.S.C. 3109.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 317

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

guaranteed loans as authorized by title V of the Housing Act of

1949, as amended, to be available from funds in the rural housing

insurance fund, as follows: $2,700,000,000 for loans to section 502

borrowers, as determined by the Secretary, of which $1,700,000,000

shall be for unsubsidized guaranteed loans; $35,000,000 for section

504 housing repair loans; $15,000,000 for section 514 farm labor

housing; $150,000,000 for section 515 rental housing; $600,000 for

site loans: Provided, That notwithstanding section 520 of the Housing Act of 1949, the Secretary of Agriculture may make loans

under section 502 of such Act for properties in the Pine View

West Subdivision, located in Gibsonville, North Carolina, in the

same manner as provided under such section for properties in

rural areas.

For the cost of direct and guaranteed loans, including the

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans,

$148,723,000, of which $2,890,000 shall be for unsubsidized guaranteed loans; section 504 housing repair loans, $14,193,000; section

514 farm labor housing, $8,629,000; section 515 rental housing,

$82,035,000: Provided, That no funds for new construction may

be available for fiscal year 1996 until the program is authorized. In addition, for the cost (as defined in section 502 of the

Congressional Budget Act of 1974) of guaranteed loans under a

demonstration program of loan guarantees for multifamily rental

housing in rural areas, $1,000,000, to be derived from the amount

made available under this heading for the cost of low-income section

515 loans and to become available for obligation only upon the

enactment of authorizing legislation.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $385,889,000, of

which $372,897,000 shall be transferred to and merged with the

appropriation for ‘‘Rural Housing and Community Development

Service, Salaries and Expenses’’.

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed

pursuant to the authority under section 521(a)(2) or agreements

entered into in lieu of forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act

of 1949, as amended, $540,900,000; and in addition such sums

as may be necessary, as authorized by section 521(c) of the Act,

to liquidate debt incurred prior to fiscal year 1992 to carry out

the rental assistance program under section 521(a)(2) of the Act:

Provided, That of this amount not more than $5,900,000 shall

be available for debt forgiveness or payments for eligible households

as authorized by section 502(c)(5)(D) of the Act, and not to exceed

$10,000 per project for advances to nonprofit organizations or public

agencies to cover direct costs (other than purchase price) incurred

in purchasing projects pursuant to section 502(c)(5)(C) of the Act:

Provided further, That agreements entered into or renewed during

fiscal year 1996 shall be funded for a five-year period, although
109 STAT. 318 PUBLIC LAW 104–37—OCT. 21, 1995

the life of any such agreement may be extended to fully utilize

amounts obligated.

SELF-HELP HOUSING LAND DEVELOPMENT FUND

For the principal amount of direct loans, as authorized by

section 523(b)(1)(B) of the Housing Act of 1949, as amended (42

U.S.C. 1490c), $603,000.

For the cost of direct loans, including the cost of modifying

loans, as defined in section 502 of the Congressional Budget Act

of 1974, $31,000.

COMMUNITY FACILITY LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, $34,880,000, and for the cost

of guaranteed loans, $3,555,000, as authorized by 7 U.S.C. 1928

and 86 Stat. 661–664, as amended: Provided, That such costs,

including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974: Provided

further, That such sums shall remain available until expended

for the disbursement of loans obligated in fiscal year 1996: Provided

further, That these funds are available to subsidize gross obligations

for the principal amount of direct loans not to exceed $200,000,000

and total loan principal, any part of which is to be guaranteed,

not to exceed $75,000,000: Provided further, That of the amounts

available for the cost of direct loans not to exceed $1,208,000,

to subsidize gross obligations for the principal amount not to exceed

$6,930,000, shall be available for empowerment zones and enterprise communities, as authorized by Public Law 103–66: Provided

further, That if such funds are not obligated for empowerment

zones and enterprise communities by June 30, 1996, they remain

available for other authorized purposes under this head.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $8,836,000, of which $8,731,000

shall be transferred to and merged with the appropriation for

‘‘Salaries and Expenses’’.

VERY LOW-INCOME HOUSING REPAIR GRANTS

For grants to the very low-income elderly for essential repairs

to dwellings pursuant to section 504 of the Housing Act of 1949,

as amended, $24,900,000, to remain available until expended.

RURAL HOUSING FOR DOMESTIC FARM LABOR

For financial assistance to eligible nonprofit organizations for

housing for domestic farm labor, pursuant to section 516 of the

Housing Act of 1949, as amended (42 U.S.C. 1486), $10,000,000,

to remain available until expended.

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $12,650,000, to remain

available until expended (7 U.S.C. 2209b).
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 319

RURAL COMMUNITY FIRE PROTECTION GRANTS

For grants pursuant to section 7 of the Cooperative Forestry

Assistance Act of 1978 (Public Law 95–313), $2,000,000 to fund

up to 50 percent of the cost of organizing, training, and equipping

rural volunteer fire departments.

COMPENSATION FOR CONSTRUCTION DEFECTS

For compensation for construction defects as authorized by

section 509(c) of the Housing Act of 1949, as amended, $495,000,

to remain available until expended.

RURAL HOUSING PRESERVATION GRANTS

For grants for rural housing preservation as authorized by

section 552 of the Housing and Urban-Rural Recovery Act of 1983

(Public Law 98–181), $11,000,000.

RURAL BUSINESS AND COOPERATIVE DEVELOPMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Rural Business and Cooperative

Development Service, including administering the programs authorized by the Consolidated Farm and Rural Development Act, as

amended; section 1323 of the Food Security Act of 1985; the

Cooperative Marketing Act of 1926; for activities relating to the

marketing aspects of cooperatives, including economic research findings, as authorized by the Agricultural Marketing Act of 1946;

for activities with institutions concerning the development and operation of agricultural cooperatives; and cooperative agreements;

$9,013,000: Provided, That this appropriation shall be available

for employment pursuant to the second sentence of 706(a) of the

Organic Act of 1944, and not to exceed $250,000 may be used

for employment under 5 U.S.C. 3109.

RURAL BUSINESS AND INDUSTRY LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, $6,437,000, as authorized

by 7 U.S.C. 1928 and 86 Stat. 661–664, as amended: Provided,

That such costs, including the cost of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974: Provided further, That such sums shall remain available

until expended for the disbursement of loans obligated in fiscal

year 1996: Provided further, That these funds are available to

subsidize gross obligations for the principal amount of guaranteed

loans of $500,000,000: Provided further, That of the amounts available for the cost of guaranteed loans including the cost of modifying

loans, $148,000, to subsidize gross obligations for the loan principal,

any part of which is guaranteed, not to exceed $10,842,000, shall

be available for empowerment zones and enterprise communities,

as authorized by Public Law 103–66: Provided further, That if

such funds are not obligated for empowerment zones and enterprise

communities by June 30, 1996, they remain available for other

authorized activities under this head.
109 STAT. 320 PUBLIC LAW 104–37—OCT. 21, 1995

In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $14,868,000, of which $14,747,000

shall be transferred to and merged with the appropriation for

‘‘Salaries and Expenses’’.

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

For the cost of direct loans, $22,395,000, as authorized by the Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided,

That such costs, including the cost of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974: Provided further, That these funds are available to subsidize

gross obligations for the principal amount of direct loans of

$37,544,000: Provided further, That through June 30, 1996, of these amounts, $4,322,000 shall be available for the cost of direct loans,

for empowerment zones and enterprise communities, as authorized

by title XIII of the Omnibus Budget Reconcilation Act of 1993,

to subsidize gross obligations for the principal amount of direct

loans, $7,246,000.

In addition, for administrative expenses necessary to carry out the direct loan programs, $1,476,000, of which $1,470,000 shall

be transferred to and merged with the appropriation for ‘‘Salaries

and Expenses’’.

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the principal amount of direct loans, as authorized under

section 313 of the Rural Electrification Act, for the purpose of

promoting rural economic development and job creation projects,

$12,865,000.

For the cost of direct loans, including the cost of modifying

loans as defined in section 502 of the Congressional Budget Act

of 1974, $3,729,000.

In addition, for administrative expenses necessary to carry

out the direct loan program, $654,000, which shall be transferred

to and merged with the appropriation for ‘‘Salaries and Expenses’’.

ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION

REVOLVING FUND

For necessary expenses to carry out the Alternative Agricultural

Research and Commercialization Act of 1990 (7 U.S.C. 5901–5908),

$6,500,000 is appropriated to the alternative agricultural research

and commercialization revolving fund.

RURAL BUSINESS ENTERPRISE GRANTS

For grants authorized under section 310B(c) and 310B(j) (7 U.S.C. 1932) of the Consolidated Farm and Rural Development

Act to any qualified public or private nonprofit organization,

$45,000,000, of which $8,381,000 shall be available through June

30, 1996, for assistance to empowerment zones and enterprise

communities, as authorized by title XIII of the Omnibus Budget

Reconciliation Act of 1993, after which any funds not obligated

shall remain available for other authorized purposes under this

head: Provided, That $500,000 shall be available for grants to

qualified nonprofit organizations to provide technical assistance
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 321

and training for rural communities needing improved passenger

transportation systems or facilities in order to promote economic

development.

RURAL TECHNOLOGY AND COOPERATIVE DEVELOPMENT GRANTS

For grants pursuant to section 310(f) of the Consolidated Farm

and Rural Development Act, as amended (7 U.S.C. 1932),

$2,300,000, of which up to $1,300,000 may be available for the

appropriate technology transfer for rural areas program.

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELEPHONE LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Insured loans pursuant to the authority of section 305 of the

Rural Electrification Act of 1936, as amended (7 U.S.C. 935), shall

be made as follows: 5 percent rural electrification loans,

$90,000,000; 5 percent rural telephone loans, $70,000,000; cost of

money rural telephone loans, $300,000,000; municipal rate rural

electric loans, $525,000,000; and loans made pursuant to section

306 of that Act, $420,000,000, to remain available until expended.

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, including the cost of modifying loans, of direct

and guaranteed loans authorized by the Rural Electrification Act

of 1936, as amended (7 U.S.C. 935), as follows: cost of direct loans,

$35,126,000; cost of municipal rate loans, $56,858,000; cost of money

rural telephone loans, $60,000; cost of loans guaranteed pursuant

to section 306, $2,520,000: Provided, That notwithstanding section

305(d)(2) of the Rural Electrification Act of 1936, borrower interest

rates may exceed 7 percent per year.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $29,982,000, which

shall be transferred to and merged with the appropriation for

‘‘Salaries and Expenses’’.

RURAL TELEPHONE BANK PROGRAM ACCOUNT

The Rural Telephone Bank is hereby authorized to make such

expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by

section 104 of the Government Corporation Control Act, as

amended, as may be necessary in carrying out its authorized programs for the current fiscal year. During fiscal year 1996 and

within the resources and authority available, gross obligations for

the principal amount of direct loans shall be $175,000,000.

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, including the cost of modifying loans, of direct

loans authorized by the Rural Electrification Act of 1936, as

amended (7 U.S.C. 935), $5,023,000.

In addition, for administrative expenses necessary to carry

out the loan programs, $3,541,000.
109 STAT. 322 PUBLIC LAW 104–37—OCT. 21, 1995

DISTANCE LEARNING AND MEDICAL LINK GRANTS

For necessary expenses to carry into effect the programs authorized in sections 2331–2335 of Public Law 101–624, $7,500,000,

to remain available until expended.

RURAL UTILITIES ASSISTANCE PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants, as

authorized by 7 U.S.C. 1926, 1928, and 1932, $487,868,000, to

remain available until expended, to be available for loans and

grants for rural water and waste disposal and solid waste management grants: Provided, That the costs of direct loans and loan

guarantees, including the cost of modifying such loans, shall be

as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That of the total amount appropriated, not to

exceed $4,500,000 shall be available for contracting with the

National Rural Water Association or equally qualified national

organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That of the total

amount appropriated, not to exceed $18,700,000 shall be available

for water and waste disposal systems to benefit the Colonias along

the United States/Mexico border, including grants pursuant to section 306C: Provided further, That of the total amount appropriated,

$18,688,000 shall be for empowerment zones and enterprise communities, as authorized by Public Law 103–66: Provided further, That

if such funds are not obligated for empowerment zones and enterprise communities by June 30, 1996, they shall remain available

for other authorized purposes under this head.

In addition, for administrative expenses necessary to carry

out direct loans, loan guarantees, and grants, $12,740,000, of which

$12,623,000 shall be transferred to and merged with ‘‘Rural Utilities

Service, Salaries and Expenses’’.

SALARIES AND EXPENSES

For necessary expenses of the Rural Utilities Service, including

administering the programs authorized by the Rural Electrification

Act of 1936, as amended, and the Consolidated Farm and Rural

Development Act, as amended, $18,449,000, of which $7,000 shall

be available for financial credit reports: Provided, That this appropriation shall be available for employment pursuant to the second

sentence of 706(a) of the Organic Act of 1944, and not to exceed

$103,000 may be used for employment under 5 U.S.C. 3109.

TITLE IV

DOMESTIC FOOD PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Food, Nutrition and Consumer Services to administer

the laws enacted by the Congress for the Food and Consumer

Service, $440,000.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 323

FOOD AND CONSUMER SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the National School Lunch

Act (42 U.S.C. 1751–1769b), and the applicable provisions other

than section 21 of the National School Lunch Act and sections

17 and 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1772–

1785, and 1789); $7,946,024,000, to remain available through

September 30, 1997, of which $2,348,166,000 is hereby appropriated

and $5,597,858,000 shall be derived by transfer from funds available

under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c):

Provided, That up to $3,964,000 shall be available for independent

verification of school food service claims.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the special supplemental

nutrition program as authorized by section 17 of the Child Nutrition

Act of 1966 (42 U.S.C. 1786), $3,729,807,000, to remain available

through September 30, 1997: Provided, That for fiscal year 1996,

$20,000,000 that would otherwise be available to States for nutrition

services and administration shall be made available for food benefits: Provided further, That $4,000,000 from unobligated balances

for supervisory and technical assistance grants may be transferred

to and merged with this account: Provided further, That up to

$6,750,000 may be used to carry out the farmers’ market nutrition

program from any funds not needed to maintain current caseload

levels: Provided further, That none of the funds in this Act shall

be available to pay administrative expenses of WIC clinics except

those that have an announced policy of prohibiting smoking within

the space used to carry out the program: Provided further, That

once the amount for fiscal year 1995 carryover funds has been

determined by the Secretary, any funds in excess of $100,000,000

may be transferred by the Secretary of Agriculture to the Rural

Utilities Assistance Program and shall remain available until

expended: Provided further, That none of the funds provided in

this account shall be available for the purchase of infant formula

except in accordance with the cost containment and competitive

bidding requirements specified in section 17 of the Child Nutrition

Act of 1966 (42 U.S.C. 1786).

FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7

U.S.C. 2011–2029), $27,597,828,000: Provided, That funds provided

herein shall remain available through September 30, 1996, in

accordance with section 18(a) of the Food Stamp Act: Provided

further, That $500,000,000 of the foregoing amount shall be placed

in reserve for use only in such amounts and at such times as

may become necessary to carry out program operations: Provided

further, That funds provided herein shall be expended in accordance

with section 16 of the Food Stamp Act: Provided further, That

this appropriation shall be subject to any work registration or
109 STAT. 324 PUBLIC LAW 104–37—OCT. 21, 1995

workfare requirements as may be required by law: Provided further,

That $1,143,000,000 of the foregoing amount shall be available

for nutrition assistance for Puerto Rico as authorized by 7 U.S.C.

2028.

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out the commodity supplemental food program as authorized by section 4(a) of the Agriculture

and Consumer Protection Act of 1973 (7 U.S.C. 612c(note)), the

Emergency Food Assistance Act of 1983, as amended, and section

110 of the Hunger Prevention Act of 1988, $166,000,000, to remain

available through September 30, 1997: Provided, That none of these

funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further,

That none of the funds in this Act or any other Act may be

used for demonstration projects in the emergency food assistance

program.

FOOD DONATIONS PROGRAMS FOR SELECTED GROUPS

For necessary expenses to carry out section 4(a) of the Agri- culture and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)),

section 4(b) of the Food Stamp Act (7 U.S.C. 2013(b)), and section

311 of the Older Americans Act of 1965, as amended (42 U.S.C.

3030a), $215,000,000, to remain available through September 30,

1997: Provided, That hereafter notwithstanding any other provision

of law, for meals provided pursuant to the Older Americans Act

of 1965, a maximum rate of reimbursement to States will be established by the Secretary, subject to reduction if obligations would

exceed the amount of available funds, with any unobligated funds

to remain available only for obligation in the fiscal year beginning

October 1, 1996.

FOOD PROGRAM ADMINISTRATION

For necessary administrative expenses of the domestic food

programs funded under this Act, $107,769,000, of which $5,000,000

shall be available only for simplifying procedures, reducing overhead

costs, tightening regulations, improving food stamp coupon handling, and assistance in the prevention, identification, and prosecution of fraud and other violations of law: Provided, That this appropriation shall be available for employment pursuant to the second

sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.

2225), and not to exceed $150,000 shall be available for employment

under 5 U.S.C. 3109.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

FOREIGN AGRICULTURAL SERVICE

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,

including carrying out title VI of the Agricultural Act of 1954,

as amended (7 U.S.C. 1761–1768), market development activities

abroad, and for enabling the Secretary to coordinate and integrate

42 USC 3030a

note.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 325

activities of the Department in connection with foreign agricultural

work, including not to exceed $128,000 for representation allowances and for expenses pursuant to section 8 of the Act approved

August 3, 1956 (7 U.S.C. 1766), $124,775,000, of which $5,176,000

may be transferred from Commodity Credit Corporation funds,

$2,792,000 may be transferred from the Commodity Credit Corporation program account in this Act, and $1,005,000 may be transferred

from the Public Law 480 program account in this Act: Provided,

That the Service may utilize advances of funds, or reimburse this

appropriation for expenditures made on behalf of Federal agencies,

public and private organizations and institutions under agreements

executed pursuant to the agricultural food production assistance

programs (7 U.S.C. 1736) and the foreign assistance programs of

the International Development Cooperation Administration (22

U.S.C. 2392): Provided further, That none of the funds made available by this Act may be used to carry out activities of the market

promotion program (7 U.S.C. 5623) which provides direct grants

to any for-profit corporation that is not recognized as a small

business concern under section 3(a) of the Small Business Act

(15 U.S.C. 632(a)), excluding cooperatives and associations as

described in 7 U.S.C. 291 and non-profit trade associations: Provided

further, That funds available to trade associations, cooperatives,

and small businesses may be used for individual branded promotions; with the beneficiaries having matched the cost of such

promotions.

None of the funds in the foregoing paragraph shall be available

to promote the sale or export of tobacco or tobacco products.

PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

(INCLUDING TRANSFERS OF FUNDS)

For expenses during the current fiscal year, not otherwise

recoverable, and unrecovered prior years’ costs, including interest

thereon, under the Agricultural Trade Development and Assistance

Act of 1954, as amended (7 U.S.C. 1691, 1701–1715, 1721–1726,

1727–1727f, 1731–1736g), as follows: (1) $291,342,000 for Public

Law 480 title I credit, including Food for Progress programs; (2)

$25,000,000 is hereby appropriated for ocean freight differential

costs for the shipment of agricultural commodities pursuant to

title I of said Act and the Food for Progress Act of 1985, as

amended; (3) $821,100,000 is hereby appropriated for commodities

supplied in connection with dispositions abroad pursuant to title

II of said Act, of which $60,000,000 shall be financed from funds

credited to the Commodity Credit Corporation pursuant to section

426 of Public Law 103–465; and (4) $50,000,000 is hereby appropriated for commodities supplied in connection with dispositions

abroad pursuant to title III of said Act: Provided, That not to

exceed 15 percent of the funds made available to carry out any

title of said Act may be used to carry out any other title of said

Act: Provided further, That such sums shall remain available until

expended (7 U.S.C. 2209b).

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, of direct credit agreements as authorized by

the Agricultural Trade Development and Assistance Act of 1954,

as amended, and the Food for Progress Act of 1985, as amended,

including the cost of modifying credit agreements under said Act,

$236,162,000.
109 STAT. 326 PUBLIC LAW 104–37—OCT. 21, 1995

In addition, for administrative expenses to carry out the Public

Law 480 title I credit program, and the Food for Progress Act

of 1985, as amended, to the extent funds appropriated for Public

Law 480 are utilized, $1,750,000.

SHORT-TERM EXPORT CREDIT

The Commodity Credit Corporation shall make available not

less than $5,200,000,000 in credit guarantees under its export credit

guarantee program for short-term credit extended to finance the

export sales of United States agricultural commodities and the

products thereof, as authorized by section 202(a) of the Agricultural

Trade Act of 1978 (7 U.S.C. 5641).

INTERMEDIATE-TERM EXPORT CREDIT

The Commodity Credit Corporation shall make available not

less than $500,000,000 in credit guarantees under its export credit

guarantee program for intermediate-term credit extended to finance

the export sales of United States agricultural commodities and

the products thereof, as authorized by section 202(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641).

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit

Corporation’s export guarantee program, GSM–102 and GSM–103,

$3,381,000; to cover common overhead expenses as permitted by

section 11 of the Commodity Credit Corporation Charter Act and

in conformity with the Federal Credit Reform Act of 1990, of which

not to exceed $2,792,000 may be transferred to and merged with

the appropriation for the salaries and expenses of the Foreign

Agricultural Service, and of which not to exceed $589,000 may

be transferred to and merged with the appropriation for the salaries

and expenses of the Consolidated Farm Service Agency.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG

ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration,

including hire and purchase of passenger motor vehicles; for rental

of special purpose space in the District of Columbia or elsewhere;

and for miscellaneous and emergency expenses of enforcement

activities, authorized and approved by the Secretary and to be

accounted for solely on the Secretary’s certificate, not to exceed

$25,000; $904,694,000, of which not to exceed $84,723,000 in fees

pursuant to section 736 of the Federal Food, Drug, and Cosmetic

Act may be credited to this appropriation and remain available

until expended: Provided, That fees derived from applications
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 327

received during fiscal year 1996 shall be subject to the fiscal year

1996 limitation: Provided further, That none of these funds shall

be used to develop, establish, or operate any program of user

fees authorized by 31 U.S.C. 9701.

In addition, fees pursuant to section 354 of the Public Health

Service Act may be credited to this account, to remain available

until expended.

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used

by the Food and Drug Administration, where not otherwise provided, $12,150,000, to remain available until expended (7 U.S.C.

2209b).

RENTAL PAYMENTS (FDA)

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to

Public Law 92–313 for programs and activities of the Food and

Drug Administration which are included in this Act, $46,294,000:

Provided, That in the event the Food and Drug Administration

should require modification of space needs, a share of the salaries

and expenses appropriation may be transferred to this appropriation, or a share of this appropriation may be transferred to the

salaries and expenses appropriation, but such transfers shall not

exceed 5 percent of the funds made available for rental payments

(FDA) to or from this account.

DEPARTMENT OF THE TREASURY

FINANCIAL MANAGEMENT SERVICE

PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL ASSISTANCE

CORPORATION

For necessary payments to the Farm Credit System Financial

Assistance Corporation by the Secretary of the Treasury, as authorized by section 6.28(c) of the Farm Credit Act of 1971, as amended,

for reimbursement of interest expenses incurred by the Financial

Assistance Corporation on obligations issued through 1994, as

authorized, $15,453,000.

INDEPENDENT AGENCIES

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the

Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.), including

the purchase and hire of passenger motor vehicles; the rental of

space (to include multiple year leases) in the District of Columbia

and elsewhere; and not to exceed $25,000 for employment under

5 U.S.C. 3109; $53,601,000, including not to exceed $1,000 for

official reception and representation expenses: Provided, That the

Commission is authorized to charge reasonable fees to attendees

of Commission sponsored educational events and symposia to cover

the Commission’s costs of providing those events and symposia,
109 STAT. 328 PUBLIC LAW 104–37—OCT. 21, 1995

and notwithstanding 31 U.S.C. 3302, said fees shall be credited

to this account, to be available without further appropriation.

FARM CREDIT ADMINISTRATION

ADMINISTRATIVE PROVISION

SEC. 601. (a) For purposes of the administration of chapter

89 of title 5, United States Code, any period of enrollment under

a health benefits plan administered by the Farm Credit Administration prior to the effective date of this Act shall be deemed to

be a period of enrollment in a health benefits plan under chapter

89 of such title.

(b)(1) An individual who, on September 30, 1995, is covered

by a health benefits plan administered by the Farm Credit Administration may enroll in an approved health benefits plan described

under section 8903 or 8903a of title 5, United States Code—

(A) either as an individual or for self and family, if such

individual is an employee, annuitant, or former spouse as

defined under section 8901 of such title; and

(B) for coverage effective on and after September 30, 1995.

(2) An individual who, on September 30, 1995, is entitled to

continued coverage under a health benefits plan administered by

the Farm Credit Administration—

(A) shall be deemed to be entitled to continued coverage

under section 8905a of title 5, United States Code, for the

same period that would have been permitted under the plan

administered by the Farm Credit Administration; and

(B) may enroll in an approved health benefits plan

described under sections 8903 or 8903a of such title in accordance with section 8905A of such title for coverage effective

on and after September 30, 1995.

(3) An individual who, on September 30, 1995, is covered as

an unmarried dependent child under a health benefits plan administered by the Farm Credit Administration and who is not a member

of family as defined under section 8901(5) of title 5, United States

Code—

(A) shall be deemed to be entitled to continued coverage

under section 8905a of such title as though the individual

had, on September 30, 1995, ceased to meet the requirements

for being considered an unmarried dependent child under chapter 89 of such title; and

(B) may enroll in an approved health benefits plan

described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage on and after

September 30, 1995.

(c) The Farm Credit Administration shall transfer to the Federal Employees Health Benefits Fund established under section

8909 of title 5, United States Code, amounts determined by the

Director of the Office of Personnel Management, after consultation

with the Farm Credit Administration, to be necessary to reimburse

the Fund for the cost of providing benefits under this section not

otherwise paid for by the individuals covered by this section. The

amount so transferred shall be held in the Fund and used by

the Office in addition to the amounts available under section

8906(g)(1) of such title.

(d) The Office of Personnel Management—

Health and

health care.

5 USC 8901 note.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 329

(1) shall administer the provisions of this section to provide

for—

(A) a period of notice and open enrollment for individuals affected by this section; and (B) no lapse of health coverage for individuals who

enroll in a health benefits plan under chapter 89 of title

5, United States Code, in accordance with this section;

and

(2) may prescribe regulations to implement this section.

TITLE VII—GENERAL PROVISIONS

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture

for the fiscal year 1996 under this Act shall be available for the

purchase, in addition to those specifically provided for, of not to

exceed 665 passenger motor vehicles, of which 642 shall be for

replacement only, and for the hire of such vehicles.

SEC. 702. Funds in this Act available to the Department of

Agriculture shall be available for uniforms or allowances therefor

as authorized by law (5 U.S.C. 5901–5902).

SEC. 703. Not less than $1,500,000 of the appropriations of

the Department of Agriculture in this Act for research and service

work authorized by the Acts of August 14, 1946, and July 28,

1954 (7 U.S.C. 427, 1621–1629), and by chapter 63 of title 31,

United States Code, shall be available for contracting in accordance

with said Acts and chapter.

SEC. 704. The cumulative total of transfers to the Working

Capital Fund for the purpose of accumulating growth capital for

data services and National Finance Center operations shall not

exceed $2,000,000: Provided, That no funds in this Act appropriated

to an agency of the Department shall be transferred to the Working

Capital Fund without the approval of the agency administrator.

SEC. 705. New obligational authority provided for the following

appropriation items in this Act shall remain available until

expended (7 U.S.C. 2209b): Animal and Plant Health Inspection

Service, the contingency fund to meet emergency conditions, and

integrated systems acquisition project; Consolidated Farm Service

Agency, salaries and expenses funds made available to county

committees; and Foreign Agricultural Service, middle-income country training program.

New obligational authority for the boll weevil program; up

to 10 percent of the screwworm program of the Animal and Plant

Health Inspection Service; Food Safety and Inspection Service, field

automation and information management project; funds appropriated for rental payments; funds for the Native American institutions endowment fund in the Cooperative State Research, Education, and Extension Service, and funds for the competitive

research grants (7 U.S.C. 450i(b)) shall remain available until

expended.

SEC. 706. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 707. Not to exceed $50,000 of the appropriations available

to the Department of Agriculture in this Act shall be available

to provide appropriate orientation and language training pursuant

to Public Law 94–449.

7 USC 2209b.

7 USC 1623a.
109 STAT. 330 PUBLIC LAW 104–37—OCT. 21, 1995

SEC. 708. No funds appropriated by this Act may be used

to pay negotiated indirect cost rates on cooperative agreements

or similar arrangements between the United States Department

of Agriculture and nonprofit institutions in excess of 10 percent

of the total direct cost of the agreement when the purpose of

such cooperative arrangements is to carry out programs of mutual

interest between the two parties. This does not preclude appropriate

payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis

for all agencies for which appropriations are provided in this Act.

SEC. 709. Notwithstanding any other provision of this Act,

commodities acquired by the Department in connection with

Commodity Credit Corporation and section 32 price support operations may be used, as authorized by law (15 U.S.C. 714c and

7 U.S.C. 612c), to provide commodities to individuals in cases of

hardship as determined by the Secretary of Agriculture.

SEC. 710. None of the funds in this Act shall be available

to reimburse the General Services Administration for payment of

space rental and related costs in excess of the amounts specified

in this Act; nor shall this or any other provision of law require

a reduction in the level of rental space or services below that

of fiscal year 1995 or prohibit an expansion of rental space or

services with the use of funds otherwise appropriated in this Act.

Further, no agency of the Department of Agriculture, from funds

otherwise available, shall reimburse the General Services Administration for payment of space rental and related costs provided

to such agency at a percentage rate which is greater than is available in the case of funds appropriated in this Act.

SEC. 711. None of the funds in this Act shall be available

to restrict the authority of the Commodity Credit Corporation to

lease space for its own use or to lease space on behalf of other

agencies of the Department of Agriculture when such space will

be jointly occupied.

SEC. 712. With the exception of grants awarded under the

Small Business Innovation Development Act of 1982, Public Law

97–219, as amended (15 U.S.C. 638), none of the funds in this

Act shall be available to pay indirect costs on research grants

awarded competitively by the Cooperative State Research, Education, and Extension Service that exceed 14 percent of total Federal

funds provided under each award.

SEC. 713. Notwithstanding any other provisions of this Act,

all loan levels provided in this Act shall be considered estimates,

not limitations.

SEC. 714. Appropriations to the Department of Agriculture for

the cost of direct and guaranteed loans made available in fiscal

year 1996 shall remain available until expended to cover obligations

made in fiscal year 1996 for the following accounts: the rural

development loan fund program account; the Rural Telephone Bank

program account; the rural electrification and telecommunications

loans program account; and the rural economic development loans

program account.

SEC. 715. Such sums as may be necessary for fiscal year 1996

pay raises for programs funded by this Act shall be absorbed within

the levels appropriated in this Act.

SEC. 716. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None

of the funds made available in this Act may be expended by an

entity unless the entity agrees that in expending the funds the

7 USC 612c note.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 331

entity will comply with sections 2 through 4 of the Act of March

3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American

Act’’).

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.— (1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD- UCTS.—In the case of any equipment or product that may

be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products.

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing

financial assistance using funds made available in this Act,

the head of each Federal agency shall provide to each recipient

of the assistance a notice describing the statement made in

paragraph (1) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the

person shall be ineligible to receive any contract or subcontract

made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 717. Notwithstanding the Federal Grant and Cooperative

Agreement Act, marketing services of the Agricultural Marketing

Service may use cooperative agreements to reflect a relationship

between Agricultural Marketing Service and a State or Cooperator

to carry out agricultural marketing programs.

SEC. 718. PROHIBITION ON USE OF FUNDS FOR HONEY PAYMENTS

OR LOAN FORFEITURES.—Notwithstanding any other provision of

this Act, none of the funds appropriated or otherwise made available

by this Act shall be used by the Secretary of Agriculture to provide

for a total amount of payments and/or total amount of loan forfeitures to a person to support the price of honey under section 207

of the Agricultural Act of 1949 (7 U.S.C. 1446h) and section 405A

of such Act (7 U.S.C. 1425a) in excess of zero dollars in the 1994,

1995, and 1996 crop years.

SEC. 719. None of the funds in this Act may be used to retire

more than 5% of the Class A stock of the Rural Telephone Bank.

SEC. 720. None of the funds appropriated or otherwise made

available by this Act may be used to provide benefits to households

whose benefits are calculated using a standard deduction greater

than the standard deduction in effect for fiscal year 1995.

SEC. 721. None of the funds made available in this Act may

be used for any program, project, or activity when it is made

known to the Federal entity or official to which the funds are

made available that the program, project, or activity is not in

compliance with any applicable Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates.

SEC. 722. None of the funds made available in this Act shall

be used to increase, from the fiscal year 1995 level, the level

of Full Time Equivalency Positions (whether through new hires

or by transferring full time equivalents from other offices) in any

7 USC 1446h

note.
109 STAT. 332 PUBLIC LAW 104–37—OCT. 21, 1995

of the following Food and Drug Administration offices: Office of

the Commissioner, Office of Policy, Office of External Affairs (Immediate Office, as well as Office of Health Affairs, Office of Legislative

Affairs, Office of Consumer Affairs, and Office of Public Affairs),

and the Office of Management and Systems (Immediate Office,

as well as Office of Planning and Evaluation and Office of Management).

SEC. 723. None of the funds made available in this Act may

be used to provide assistance to, or to pay the salaries of personnel

who carry out a market promotion program pursuant to section

203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) that

provides assistance to, the U.S. Mink Export Development Council

or any mink industry trade association.

SEC. 724. None of the funds appropriated or otherwise made

available by this Act shall be used to enroll in excess of 100,000

acres in the fiscal year 1996 wetlands reserve program, as authorized by 16 U.S.C. 3837.

SEC. 725. None of the funds appropriated or otherwise made

available by this Act shall be used to enroll additional acres in

the Conservation Reserve Program authorized by 16 U.S.C. 3831–

3845: Provided, That 1,579,000 new acres shall be enrolled in

the program in the year beginning January 1, 1997.

SEC. 726. None of the funds appropriated or otherwise made

available by this Act may be used to develop compliance guidelines,

implement or enforce a regulation promulgated by the Food Safety

and Inspection Service on August 25, 1995 (60 Fed. Reg. 44396):

Provided, That this regulation shall take effect only if legislation

is enacted into law which directs the Secretary of Agriculture to

promulgate such regulation, or the House Committee on Agriculture

and the Senate Committee on Agriculture, Nutrition and Forestry

receive and approve a proposed revised regulation submitted by

the Secretary of Agriculture.

SEC. 727. None of the funds appropriated or made available

to the Food and Drug Administration by this Act shall be used

to operate the Board of Tea Experts.

SEC. 728. None of the funds available in this Act shall be

used for any action, including the development or assertion of

any position or recommendation by or on behalf of the Forest

Service, that directly or indirectly results in the loss of or restriction

on the diversion and use of water from existing water supply

facilities located on National Forest lands by the owners of such

facilities, or result in a material increase in the cost of such yield

to the owners of the water supply: Provided, That nothing in this

section shall preclude a mutual agreement between any agency

of the Department of Agriculture and a State or local governmental

entity or private entity or individual.

SEC. 729. Upon the date of enactment of this Act, the Secretary

of Agriculture shall not enforce Federal regulation 36 CFR Part

223 promulgated on September 8, 1995, for a period of no less

than 120 days: Provided, That during such time the Secretary

shall take notice and public comment on the regulations and make

the necessary revisions to reflect public comment. Any fines

assessed pursuant to 36 CFR Part 223, from the effective date

of said regulation to the date of enactment of this Act, shall be

null and void. During the 120 day period, the interim regulatory

guidelines published pursuant to 55 CFR 48572 and 56 CFR 65834

shall remain in effect.

Effective date.
PUBLIC LAW 104–37—OCT. 21, 1995 109 STAT. 333

LEGISLATIVE HISTORY—H.R. 1976:

HOUSE REPORTS: Nos. 104–172 (Comm. on Appropriations) and 104–268 (Comm.

of Conference).

SENATE REPORTS: No. 104–142 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 141 (1995):

July 19–21, considered and passed House.

Sept. 18–20, considered and passed Senate, amended.

Oct. 12, House and Senate agreed to conference report.

Æ

This Act may be cited as the ‘‘Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 1996’’.

Approved October 21, 1995.