PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1569

Public Law 104–180

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, 1997, 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, 1997, 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 Agri- culture, and not to exceed $75,000 for employment under 5 U.S.C.

3109, $2,836,000: Provided, That not to exceed $11,000 of this

amount, along with any unobligated balances of representation

funds in the Foreign Agricultural Service shall be available for

official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided, That none

of the funds appropriated or otherwise made available by this

Act may be used to pay the salaries and expenses of personnel

of the Department of Agriculture to carry out section 793(c)(1)(C)

of Public Law 104–127: Provided further, That none of the funds

made available by this Act may be used to enforce section 793(d)

of Public Law 104–127.

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, and the functions of the World Agricultural Outlook Board, as authorized by

the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and including employment pursuant to the second sentence of section 706(a)

Agriculture,

Rural

Development,

Food and Drug

Administration,

and Related

Agencies

Appropriations

Act, 1997.

Aug. 6, 1996

[H.R. 3603]
110 STAT. 1570 PUBLIC LAW 104–180—AUG. 6, 1996

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, $4,231,000.

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division,

including employment pursuant to the second sentence of section

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

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

$11,718,000.

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program

Analysis, including employment pursuant to the second sentence

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

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

3109, $5,986,000.

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial

Officer, including employment pursuant to the second sentence

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

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

3109, $4,283,000: Provided, That the Chief Financial Officer shall

actively market cross-servicing activities of the National Finance

Center.

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

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

in this Act, $613,000.

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to

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

delegation of authority from the Administrator of General Services

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

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

and for the operation, maintenance, and repair of Agriculture buildings, $120,548,000: Provided, That in the event an agency within

the Department should require modification of space needs, the

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

appropriation made available by this Act to this appropriation,

or may transfer a share of this appropriation to that agency’s

appropriation, but such transfers shall not exceed 5 percent of

the funds made available for space rental and related costs to

or from this account. In addition, for construction, repair, improvement, extension, alteration, and purchase of fixed equipment or

facilities as necessary to carry out the programs of the Department,

where not otherwise provided, $23,505,000, to remain available

until expended; making a total appropriation of $144,053,000.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1571

HAZARDOUS WASTE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to

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

Environmental Response, Compensation, and Liability Act, as

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

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

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

appropriations and funds available herein to the Department for

Hazardous Waste Management may be transferred to any agency

of the Department for its use in meeting all requirements pursuant

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

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $30,529,000, 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.

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

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

funded in this Act, including programs involving intergovernmental

affairs and liaison within the executive branch, $3,668,000: Provided, That no other funds appropriated to the Department in

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

of congressional relations: Provided further, That not less than

$2,241,000 shall be transferred to agencies funded in this Act to

maintain personnel at the agency level.

OFFICE OF COMMUNICATIONS

For necessary expenses to carry on services relating to the

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

work, and programs authorized by Congress in the Department,

$8,138,000, including employment pursuant to the second sentence

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

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

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

for farmers’ bulletins.
110 STAT. 1572 PUBLIC LAW 104–180—AUG. 6, 1996

OFFICE OF THE INSPECTOR GENERAL

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Inspector General,

including employment pursuant to the second sentence of section

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

General Act of 1978, as amended, $63,028,000, 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 the Inspector General participates, or through the granting of

a Petition for Remission or Mitigation, shall be deposited to the

credit of this account for law enforcement activities authorized

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

available until expended.

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, $27,749,000.

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary salaries and expenses of the Office of the Under

Secretary for Research, Education and Economics to administer

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

Research Service, and the Cooperative State Research, Education,

and Extension Service, $540,000.

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in

conducting economic research and analysis, as authorized by the

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

laws, $53,109,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section

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

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics

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

improvements, marketing surveys, and the Census of Agriculture

notwithstanding 13 U.S.C. 142(a–b), as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other laws,
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1573

$100,221,000, of which up to $17,500,000 shall be available until

expended for the Census of Agriculture: Provided, That this appropriation shall be available for employment pursuant to the second

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

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

under 5 U.S.C. 3109.

AGRICULTURAL RESEARCH SERVICE

For necessary expenses to enable the Agricultural Research

Service to perform agricultural research and demonstration relating

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

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

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

or purchase at a nominal cost not to exceed $100, $716,826,000:

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

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

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

3109: Provided further, That appropriations hereunder shall be

available for the operation and maintenance of aircraft and the

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

That appropriations hereunder shall be available pursuant to 7

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

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

headhouses or greenhouses which shall each be limited to

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

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

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

10 percent of the current replacement value of the building or

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

apply to replacement of buildings needed to carry out the Act

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

may be received from any State, other political subdivision,

organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural

Research Service, as authorized by law: Provided further, That

all rights and title of the United States in the property known

as the National Agricultural Water Quality Laboratory of the United

States Department of Agriculture, consisting of approximately 9.161

acres in the city of Durant, Oklahoma, including facilities and

fixed equipment, shall be conveyed to Southeastern Oklahoma State

University.

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,

Public lands.

Southeastern

Oklahoma State

University.

7 USC 2254.

7 USC 2254.
110 STAT. 1574 PUBLIC LAW 104–180—AUG. 6, 1996

$69,100,000, to remain available until expended (7 U.S.C. 2209b):

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

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

authorized by law.

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

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

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

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

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

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

University (7 U.S.C. 3222); $49,767,000 for special grants for agricultural research (7 U.S.C. 450i(c)); $11,769,000 for special grants

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

$94,203,000 for competitive research grants (7 U.S.C. 450i(b));

$4,775,000 for the support of animal health and disease programs

(7 U.S.C. 3195); $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);

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

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

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

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

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

(7 U.S.C. 2209b); $1,500,000 for an education grants program for

Hispanic-serving Institutions (7 U.S.C. 3241); $4,000,000 for aquaculture grants (7 U.S.C. 3322); $8,000,000 for sustainable agriculture research and education (7 U.S.C. 5811); $9,200,000 for a

program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges

eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.

321–326 and 328), including Tuskegee University, to remain available until expended (7 U.S.C. 2209b); $1,450,000 for payments

to the 1994 Institutions pursuant to section 534(a)(1) of Public

Law 103–382; and $10,249,000 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, $421,504,000.

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.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1575

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, $61,591,000, 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 cooperative extension agents and State extension directors, $268,493,000;

$2,000,000 for extension work at the 1994 Institutions under the

Smith-Lever Act (7 U.S.C. 343(b)(3)); payments for the nutrition

and family education program for low-income areas under section

3(d) of the Act, $58,695,000; payments for the pest management

program under section 3(d) of the Act, $10,783,000; payments for

the farm safety program under section 3(d) of the Act, $2,855,000;

payments for the pesticide impact assessment program under section 3(d) of the Act, $3,214,000; payments to upgrade 1890 landgrant college research, extension, and teaching facilities as authorized by section 1447 of Public Law 95–113, as amended (7 U.S.C.

3222b), $7,549,000, to remain available until expended; payments

for the rural development centers under section 3(d) of the Act,

$908,000; payments for a groundwater quality program under section 3(d) of the Act, $10,733,000; payments for the agricultural

telecommunications program, as authorized by Public Law 101–

624 (7 U.S.C. 5926), $1,167,000; payments for youth-at-risk programs under section 3(d) of the Act, $9,554,000; payments for

a food safety program under section 3(d) of the Act, $2,365,000;

payments for carrying out the provisions of the Renewable Resources Extension Act of 1978, $3,192,000; payments for Indian

reservation agents under section 3(d) of the Act, $1,672,000; payments for sustainable agriculture programs under section 3(d) of

the Act, $3,309,000; payments for rural health and safety education

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

2661 note, 2662), $2,628,000; payments for cooperative extension

work by the colleges receiving the benefits of the second Morrill

Act (7 U.S.C. 321–326, 328) and Tuskegee University, $24,337,000;

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,

$12,066,000; in all, $425,520,000: 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
110 STAT. 1576 PUBLIC LAW 104–180—AUG. 6, 1996

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, $618,000.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947, as amended (21 U.S.C. 114b–

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

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

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

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

by law, $434,909,000, of which $4,500,000 shall be available for

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

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

to meet emergency conditions: Provided, That no funds shall be

used to formulate or administer a brucellosis eradication program

for the current fiscal year that does not require minimum matching

by the States of at least 40 percent: Provided further, That this

appropriation shall be available for field employment pursuant to

the second sentence of section 706(a) of the Organic Act of 1944

(7 U.S.C. 2225), and not to exceed $40,000 shall be available for

employment under 5 U.S.C. 3109: Provided further, That this appropriation shall be available for the operation and maintenance of

aircraft and the purchase of not to exceed four, of which two

shall be for replacement only: Provided further, That, in addition,

in emergencies which threaten any segment of the agricultural

production industry of this country, the Secretary may transfer

from other appropriations or funds available to the agencies or

corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest

and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with the

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

Act of September 21, 1944, as amended, and any unexpended balances of funds transferred for such emergency purposes in the

next preceding fiscal year shall be merged with such transferred

amounts: Provided further, That appropriations hereunder shall

be available pursuant to law (7 U.S.C. 2250) for the repair and

alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the

fiscal year shall not exceed 10 percent of the current replacement

value of the building.

21 USC 129.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1577

In fiscal year 1997 the agency is authorized to collect fees

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

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

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

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

until expended, without further appropriation, for providing such

assistance, goods, or services.

Of the total amount available under this heading in fiscal year 1997, $98,000,000 shall be derived from user fees deposited

in the Agricultural Quarantine Inspection User Fee Account.

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,

environmental support, improvement, extension, alteration, and

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

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

$3,200,000, to remain available until expended.

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses to carry on services related to consumer

protection, agricultural marketing and distribution, transportation,

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

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

5 U.S.C. 3109, $38,507,000, including funds for the wholesale market development program for the design and development of wholesale and farmer market facilities for the major metropolitan areas

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

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

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

replacement value of the building.

Fees may be collected for the cost of standardization activities,

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

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $59,012,000 (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
110 STAT. 1578 PUBLIC LAW 104–180—AUG. 6, 1996

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 $10,576,000 for formulation and administration of marketing

agreements and orders pursuant to the Agricultural Marketing

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

of 1961.

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and

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

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

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United

States Grain Standards Act, as amended, for the administration

of the Packers and Stockyards Act, for certifying procedures used

to protect purchasers of farm products, and the standardization

activities related to grain under the Agricultural Marketing Act

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

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

exceed $25,000 for employment under 5 U.S.C. 3109, $23,128,000:

Provided, That this appropriation shall be available pursuant to

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

improvements, but the cost of altering any one building during

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

INSPECTION AND WEIGHING SERVICES

LIMITATION ON INSPECTION AND WEIGHING SERVICE EXPENSES

Not to exceed $43,207,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing

services: Provided, That if grain export activities require additional

supervision and oversight, or other uncontrollable factors occur,

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

to the Appropriations Committees.

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary salaries and expenses of the Office of the Under

Secretary for Food Safety to administer the laws enacted by the

Congress for the Food Safety and Inspection Service, $446,000.

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry on services authorized by the

Federal Meat Inspection Act, as amended, the Poultry Products

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

as amended, $574,000,000, 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
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1579

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

replacement value of the building.

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Farm and Foreign Agricultural Services to administer

the laws enacted by Congress for the Farm Service Agency, Foreign

Agricultural Service, and the Commodity Credit Corporation,

$572,000.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration

and implementation of programs administered by the Farm Service

Agency, $746,440,000: 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
110 STAT. 1580 PUBLIC LAW 104–180—AUG. 6, 1996

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,

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, $600,000,000, of which $550,000,000

shall be for guaranteed loans; operating loans, $2,345,071,000, of

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

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

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

$1,000,000; for emergency insured loans, $25,000,000 to meet the

needs resulting from natural disasters; for boll weevil eradication

program loans as authorized by 7 U.S.C. 1989, $34,653,000; and

for credit sales of acquired property, $25,000,000.

For the cost of direct and guaranteed loans, including the

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

$27,975,000, of which $22,055,000 shall be for guaranteed loans;

operating loans, $96,840,000, of which $19,210,000 shall be for

unsubsidized guaranteed loans and $18,480,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as

authorized by 25 U.S.C. 488, $54,000; for emergency insured loans,

$6,365,000 to meet the needs resulting from natural disasters for

boll weevil eradication program loans as authorized by 7 U.S.C.

1989, $499,000; and for credit sales of acquired property, $2,530,000.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $221,046,000, of

which $208,446,000 shall be transferred to and merged with the

‘‘Farm Service Agency, Salaries and Expenses’’ account.

OFFICE OF RISK MANAGEMENT

For administrative and operating expenses, as authorized by

the Federal Agriculture Improvement and Reform Act of 1996 (7
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1581

U.S.C. 6933), $64,000,000: Provided, That not to exceed $700 shall

be available for official reception and representation expenses, as

authroized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby authorized

to make expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accord

with law, and to make contracts and commitments without regard

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

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

fiscal year for such corporation or agency, except as hereinafter

provided.

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized 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 1997, such sums as may be necessary to

reimburse the Commodity Credit Corporation for net realized losses

sustained, but not previously reimbursed (estimated to be

$1,500,000,000 in the President’s fiscal year 1997 Budget Request

(H. Doc. 104–162)), but not to exceed $1,500,000,000, 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 1997, the Commodity Credit Corporation shall

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

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

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

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

expenses shall be for operations and maintenance costs only and

that other hazardous waste management costs shall be paid for

by the USDA Hazardous Waste Management appropriation in this

Act.

TITLE II

CONSERVATION PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Natural Resources and Environment to administer

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

Natural Resources Conservation Service, $693,000.
110 STAT. 1582 PUBLIC LAW 104–180—AUG. 6, 1996

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,

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, $619,742,000, to

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

less than $5,835,000 is for snow survey and water forecasting

and not less than $8,825,000 is for operation and establishment

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

and improvement of buildings and public improvements at plant

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

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

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

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

further, That this appropriation shall 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 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), $12,381,000: 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 104–180—AUG. 6, 1996 110 STAT. 1583

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, $101,036,000, to remain available until

expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be

available for the watersheds authorized under the Flood Control

Act approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a),

as amended and supplemented: Provided, That 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.

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), the Act of April 27, 1935 (16 U.S.C.

590a–f), and the Agriculture and Food Act of 1981 (16 U.S.C.

3451–3461), $29,377,000, to remain available until expended (7

U.S.C. 2209b): Provided, That this appropriation shall be available

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

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

$50,000 shall be available for employment under 5 U.S.C. 3109.

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.

TITLE III

RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Rural Development to administer programs under

the laws enacted by the Congress for the Rural Housing Service,
110 STAT. 1584 PUBLIC LAW 104–180—AUG. 6, 1996

Rural Business-Cooperative Service, and the Rural Utilities Service

of the Department of Agriculture, $588,000.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

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

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

insurance fund, as follows: $3,300,000,000 for loans to section 502

borrowers, as determined by the Secretary, of which $2,300,000,000

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

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

housing; $58,654,000 for section 515 rental housing; $600,000 for

section 524 site loans; $50,000,000 for credit sales of acquired

property; and $600,000 for section 523 self-help housing land development loans.

For the cost of direct and guaranteed loans, including the

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $89,210,000,

of which $6,210,000 shall be for unsubsidized guaranteed loans;

section 504 housing repair loans, $11,081,000; section 514 farm

labor housing, $6,885,000; section 515 rental housing, $28,987,000;

credit sales of acquired property, $4,050,000; and section 523 selfhelp housing land development loans, $17,000.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $366,205,000, which

shall be transferred to and merged with the appropriation for

‘‘Rural Housing Service, Salaries and Expenses’’.

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed

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

entered into in lieu of debt forgiveness or payments for eligible

households as authorized by section 502(c)(5)(D) of the Housing

Act of 1949, as amended, $493,870,000; 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 1997 shall be funded for a five-year period, although

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

amounts obligated.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1585

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of

the Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain

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

RURAL HOUSING ASSISTANCE PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, agreements, and

grants, as authorized by 7 U.S.C. 1926, 42 U.S.C. 1472, 1474,

1479, 1486, and 1490(a), except for sections 381E, 381H, 381N

of the Consolidated Farm and Rural Development Act,

$130,433,000, to remain available until expended, for direct loans

and loan guarantees for community facilities, community facilities

grant program, rental assistance associated with and direct loans

for new construction of section 515 rental housing, rural housing

for domestic farm labor grants, supervisory and technical assistance

grants, very low-income housing repair grants, rural community

fire protection grants, rural housing preservation grants, and compensation for construction defects of the Rural Housing Service:

Provided, That the cost of direct loans and loan guarantees shall

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

1974, as amended: Provided further, That the amounts appropriated

shall be transferred to loan program and grant accounts as determined by the Secretary: Provided further, That of the funds made

available in this paragraph not more than $1,200,000 shall be

available for the multi-family rural housing loan guarantee program

as authorized by section 5 of Public Law 104–120: Provided further,

That if such funds are not obligated for multi-family rural housing

loan guarantees by June 30, 1997, they remain available for other

authorized purposes under this head: Provided further, That of

the total amount appropriated, not to exceed $1,200,000 shall be

available for the cost of direct loans, loan guarantees, and grants

to be made 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, 1997, they remain available for

other authorized purposes under this head.

SALARIES AND EXPENSES

For necessary expenses of the Rural Housing Service, including

administering the programs authorized by the Consolidated Farm

and Rural Development Act, as amended, title V of the Housing

Act of 1949, as amended, and cooperative agreements, $60,743,000:

Provided, That this appropriation shall be available for employment

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

1944, and not to exceed $520,000 may be used for employment

under 5 U.S.C. 3109.
110 STAT. 1586 PUBLIC LAW 104–180—AUG. 6, 1996

RURAL BUSINESS-COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, $17,270,000, 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, 1997, of the

total amount appropriated $3,345,000 shall be available for the

cost of direct loans, for empowerment zones and enterprise communities, as authorized by title XIII of the Omnibus Budget Reconciliation Act of 1993, to subsidize gross obligations for the principal

amount of direct loans, $7,246,000.

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, $2,830,000. 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),

$7,000,000 is appropriated to the alternative agricultural research

and commercialization revolving fund.

RURAL BUSINESS—COOPERATIVE 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, except for 381E,

381H, 381N of the Consolidated Farm and Rural Development

Act, $51,400,000, to remain available until expended, for direct

loans and loan guarantees for business and industry assistance,

rural business grants, rural cooperative development grants, and

rural business opportunity grants of the Rural Business—Cooperative Service: Provided, That the cost of direct loans and loan guarantees shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That $500,000 shall

be available for grants to qualified nonprofit organizations as

authorized under section 310B(c)(2) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1932): Provided further, That
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1587

the amounts appropriated shall be transferred to loan program

and grant accounts as determined by the Secretary: Provided further, That, of the total amount appropriated, not to exceed $3,000,000 shall be available for cooperative development: Provided

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

$148,000 shall be available for the cost of direct loans, loan guarantees, and grants to be made available for business and industry

loans for empowerment zones and enterprise communities as

authorized by Public Law 103–66 and rural development loans

for empowerment zones and enterprise communities as authorized

by title XIII of the Omnibus Budget Reconciliation Act of 1993:

Provided further, That if such funds are not obligated for

empowerment zones and enterprise communities by June 30, 1997,

they remain available for other authorized purposes under this

head.

SALARIES AND EXPENSES

For necessary expenses of the Rural Business—Cooperative

Service, including administering the programs authorized by the

Consolidated Farm and Rural Development Act, as amended; section

1323 of the Food Security Act of 1985; the Cooperative Marketing

Act of 1926; for activities relating to the marketing aspects of

cooperatives, including economic research findings, as authorized

by the Agricultural Marketing Act of 1946; for activities with

institutions concerning the development and operation of agricultural cooperatives; and cooperative agreements; $25,680,000: Provided, That this appropriation shall be available for employment

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

1944, and not to exceed $260,000 may be used for employment

under 5 U.S.C. 3109.

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Insured loans pursuant to the authority of section 305 of the

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

be made as follows: 5 percent rural electrification loans,

$125,000,000, 5 percent rural telecommunications loans,

$75,000,000; cost of money rural telecommunications loans,

$300,000,000; municipal rate rural electric loans, $525,000,000; and

loans made pursuant to section 306 of that Act, rural electric,

$300,000,000, and rural telecommunications, $120,000,000, to

remain available until expended.

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

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

and guaranteed loans authorized by the Rural Electrification Act

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

$4,818,000; cost of municipal rate loans, $28,245,000; cost of money

rural telecommunications loans, $60,000; cost of loans guaranteed

pursuant to section 306, $2,790,000: Provided, That notwithstanding

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

interest rates may exceed 7 percent per year.
110 STAT. 1588 PUBLIC LAW 104–180—AUG. 6, 1996

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 1997 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), $2,328,000.

In addition, for administrative expenses necessary to carry

out the loan programs, $3,500,000.

DISTANCE LEARNING AND MEDICAL LINK PROGRAM

For the cost of direct loans and grants, as authorized by 7 U.S.C. 950aaa et seq., as amended, $9,000,000, to remain available

until expended, to be available for loans and grants for telemedicine

and distance learning services in rural areas: Provided, That the

costs of direct loans shall be as defined in section 502 of the

Congressional Budget Act of 1974.

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, except for 381E,

381H, 381N of the Consolidated Farm and Rural Development

Act, $566,935,000, to remain available until expended, for direct

loans and loan guarantees and grants for rural water and waste

disposal, and solid waste management grants of the Rural Utilities

Service: Provided, That the cost of direct loans and loan guarantees

shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That the amounts appropriated shall be transferred to loan program and grant accounts

as determined by the Secretary: Provided further, That, through

June 30, 1997, of the total amount appropriated, $18,700,000 shall

be available for the costs of direct loans, loan guarantees, and

grants to be made available for empowerment zones and enterprise

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

That, of the total amount appropriated, not to exceed $18,700,000

shall be for water and waste disposal systems to benefit the Colonias

along the United States/Mexico border, including grants pursuant

to section 306C of the Consolidated Farm and Rural Development

Act, as amended: Provided further, That, of the total amount appropriated, not to exceed $5,200,000 shall be available for contracting

with qualified national organizations for a circuit rider program
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1589

to provide technical assistance for rural water systems: Provided

further, That an amount not less than that available in fiscal

year 1996 be set aside and made available for ongoing technical

assistance under sections 306(a)(14) (7 U.S.C. 1926) and 310(B)(b)

of the Consolidated Farm and Rural Development Act (7 U.S.C.

1932): Provided further, That of the total amount appropriated,

not to exceed $8,750,000 shall be for water and waste disposal

systems pursuant to section 757 of Public Law 104–127: Provided

further, That notwithstanding section 306(a)(7) of the Consolidated

Farm and Rural Development Act (7 U.S.C. 1926(a)(7)), the town

of Berlin, New Hampshire, shall be eligible during fiscal year 1997

for a grant under the rural utilities assistance program.

SALARIES AND EXPENSES

For necessary expenses of the Rural Utilities Service, including

administering the programs authorized by the Rural Electrification

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

Development Act, as amended, and cooperative agreements,

$33,195,000: Provided, That this appropriation shall be available

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

Organic Act of 1944, and not to exceed $105,000 may be used

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

TITLE IV

DOMESTIC FOOD PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Food, Nutrition and Consumer Services to administer

the laws enacted by the Congress for the Food and Consumer

Service, $454,000.

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the National School Lunch

Act (42 U.S.C. 1751–1769b), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1772–1785, and 1789); except sections

17 and 19; $8,653,297,000, to remain available through September

30, 1998, of which $3,219,544,000 is hereby appropriated and

$5,433,753,000 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 not to exceed $1,000,000 of the funds made available

under this heading shall be used for studies and evaluations: Provided further, That up to $4,031,000 shall be available for independent verification of school food service claims.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental

nutrition program as authorized by section 17 of the Child Nutrition

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

through September 30, 1998: Provided, That none of the funds
110 STAT. 1590 PUBLIC LAW 104–180—AUG. 6, 1996

made available under this heading may be used to begin more

than two studies and evaluations: 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 once the amount for fiscal year 1996

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/or

to the Rural Housing Insurance Fund for the cost of direct section

502 loans, including the cost of modifying loans, as defined in

section 502 of the Congressional Budget Act of 1974: Provided

further, That none of the funds in this Act shall be available

to pay administrative expenses of WIC clinics except those that

have an announced policy of prohibiting smoking within the space

used to carry out the program: Provided further, That none of

the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section

17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786): Provided

further, That State agencies required to procure infant formula

using a competitive bidding system may use funds appropriated

by this Act to purchase infant formula under a cost containment

contract entered into after September 30, 1996 only if the contract

was awarded to the bidder offering the lowest net price, as defined

by section 17(b)(20) of the Child Nutrition Act of 1966, unless

the State agency demonstrates to the satisfaction of the Secretary

that the weighted average retail price for different brands of infant

formula in the State does not vary by more than five percent.

FOOD STAMP PROGRAM

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

U.S.C. 2011 et seq.), $27,618,029,000: Provided, That funds provided

herein shall remain available through September 30, 1997, in

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

further, That $100,000,000 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 not to exceed $3,000,000 of the funds made available

under this heading shall be used for studies and evaluations: Provided further, That funds provided herein shall be expended in

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

That this appropriation shall be subject to any work registration

or workfare requirements as may be required by law: Provided

further, That $1,174,000,000 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, 1998: Provided, That none of these

funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1591

FOOD DONATIONS PROGRAMS FOR SELECTED GROUPS

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

and section 311 of the Older Americans Act of 1965, as amended

(42 U.S.C. 3030a), $141,250,000, to remain available through

September 30, 1998.

FOOD PROGRAM ADMINISTRATION

For necessary administrative expenses of the domestic food programs funded under this Act, $106,128,000, of which $5,000,000

shall be available only for simplifying procedures, reducing overhead

costs, tightening regulations, improving food stamp coupon

handling, and assistance in the prevention, identification, and

prosecution of fraud and other violations of law: Provided, That

this appropriation shall be available for employment pursuant to

the second sentence of section 706(a) of the Organic Act of 1944

(7 U.S.C. 2225), and not to exceed $150,000 shall be available

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

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES MANAGER

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,

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

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

abroad, and for enabling the Secretary to coordinate and integrate

activities of the Department in connection with foreign agricultural

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

August 3, 1956 (7 U.S.C. 1766), $135,561,000, of which $3,231,000

may be transferred from the Export Loan Program account in

this Act, and $1,035,000 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).

None of the funds in the foregoing paragraph shall be available

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

PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

(INCLUDING TRANSFERS OF FUNDS)

For expenses during the current fiscal year, not otherwise

recoverable, and unrecovered prior years’ costs, including interest

thereon, under the Agricultural Trade Development and Assistance

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

1727–1727f, 1731–1736g), as follows: (1) $226,900,000 for Public

Law 480 title I credit, including Food for Progress programs; (2)
110 STAT. 1592 PUBLIC LAW 104–180—AUG. 6, 1996

$13,905,000 is hereby appropriated for ocean freight differential

costs for the shipment of agricultural commodities pursuant to

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

amended; (3) $837,000,000 is hereby appropriated for commodities

supplied in connection with dispositions abroad pursuant to title

II of said Act; and (4) $29,500,000 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,

$185,589,000.

In addition, for administrative expenses to carry out the Public

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

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

Law 480 are utilized, $1,780,000.

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit

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

$3,820,000; to cover common overhead expenses as permitted by

section 11 of the Commodity Credit Corporation Charter Act and

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

not to exceed $3,231,000 may be transferred to and merged with

the appropriation for the salaries and expenses of the Foreign

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

be transferred to and merged with the appropriation for the salaries

and expenses of the Farm Service Agency.

EXPORT CREDIT

The Commodity Credit Corporation shall make available not

less than $5,500,000,000 in credit guarantees under its export credit

guarantee program extended to finance the export sales of United

States agricultural commodities and the products thereof, as authorized by section 202 (a) and (b) of the Agricultural Trade Act of

1978 (7 U.S.C. 5641).
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1593

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; $907,499,000, of which not to exceed $87,528,000 in fees

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

Act may be credited to this appropriation and remain available

until expended: Provided, That fees derived from applications

received during fiscal year 1997 shall be subject to the fiscal year

1997 limitation: Provided further, That none of these funds shall

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

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

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

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

until expended.

In addition, fees pursuant to section 801 of the Federal Food,

Drug, and Cosmetic Act may be credited to this account, to remain

available until expended.

GENERAL PROVISIONS

SEC. 601. EFFECTIVE MEDICATION GUIDES.—

(a) IN GENERAL.—Not later than 30 days after the date of

enactment of this Act, the Secretary of the Department of Health

and Human Services shall request that national organizations representing health care professionals, consumer organizations, voluntary health agencies, the pharmaceutical industry, drug wholesalers, patient drug information database companies, and other

relevant parties collaborate to develop a long-range comprehensive

action plan to achieve goals consistent with the goals of the proposed

rule of the Food and Drug Administration on ‘‘Prescription Drug

Product Labeling: Medication Guide Requirements’’ (60 Fed. Reg.

44182; relating to the provision of oral and written prescription

information to consumers).

(b) GOALS.—Goals consistent with the proposed rule described

in subsection (a) are the distribution of useful written information

to 75 percent of individuals receiving new precriptions by the year

2000 and to 95 percent by the year 2006.

(c) PLAN.—The plan described in subsection (a) shall—

(1) identify the plan goals;

(2) assess the effectiveness of the current private-sector

approaches used to provide oral and written prescription

information to consumers;

21 USC 353 note.
110 STAT. 1594 PUBLIC LAW 104–180—AUG. 6, 1996

(3) develop guidelines for providing effective oral and written prescription information consistent with the findings of

any such assessment;

(4) contain elements necessary to ensure the transmittal

of useful information to the consuming public, including being

scientifically accurate, non-promotional in tone and content,

sufficiently specific and comprehensive as to adequately inform

consumers about the use of the product, and in an understandable, legible format that is readily comprehensible and not

confusing to consumers expected to use the product.

(5) develop a mechanism to assess periodically the quality

of the oral and written prescription information and the frequency with which the information is provided to consumers;

and

(6) provide for compliance with relevant State board regulations.

(d) LIMITATION ON THE AUTHORITY OF THE SECRETARY.—The

Secretary of the Department of Health and Human Services shall

have no authority to implement the proposed rule described in

subsection (a), or to develop any similar regulation, policy statement, or other guideline specifying a uniform content or format

for written information voluntarily provided to consumers about

prescription drugs if, (1) not later than 120 days after the date

of enactment of this Act, the national organizations described in

subsection (a) develop and submit to the Secretary for Health and

Human Services a comprehensive, long-range action plan (as

described in subsection (a)) which shall be acceptable to the Secretary of Health and Human Services; (2) the aforementioned plan

is submitted to the Secretary of Health and Human Services for

review and acceptance: Provided, That the Secretary shall give

due consideration to the submitted plan and that any such acceptance shall not be arbitrarily withheld; and (3) the implementation

of (a) a plan accepted by the Secretary commences within 30 days

of the Secretary’s acceptance of such plan, or (b) the plan submitted

to the Secretary commences within 60 days of the submission of

such plan if the Secretary fails to take any action on the plan

within 30 days of the submission of the plan. The Secretary shall

accept, reject or suggest modifications to the plan submitted within

30 days of its submission. The Secretary may confer with and

assist private parties in the development of the plan described

in subsections (a) and (b).

(e) SECRETARY REVIEW.—Not later than January 1, 2001, the

Secretary of the Department of Health and Human Services shall

review the status of private-sector initiatives designed to achieve

the goals of the plan described in subsection (a), and if such goals

are not achieved, the limitation in subsection (d) shall not apply,

and the Secretary shall seek public comment on other initiatives

that may be carried out to meet such goals.

SEC. 602. Section 3 of the Saccharin Study and Labeling Act

(21 U.S.C 348 note) is amended by striking out ‘‘May 1, 1997’’

and inserting in lieu thereof ‘‘May 1, 2002’’.

SEC. 603. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND

COSMETIC ACT.—

(a) IMPORTS FOR EXPORT.—Section 801(d)(3) of the Federal

21 USC 381. Food, Drug, and Cosmetic Act is amended—

Guidelines.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1595

(1) by striking ‘‘accessory of a device which is ready’’ and

inserting ‘‘accessory of a device, or other article of device requiring further processing, which is ready’’;

(2) in subparagraph (A), by striking ‘‘is intended to be’’

and inserting ‘‘is intended to be further processed by the initial

owner or consignee, or’’; and

(3) in subparagraph (C)—

(A) by striking ‘‘part,’’ and inserting ‘‘part, article,’’;

and

(B) by striking ‘‘incorporated’’ and inserting ‘‘incorporated or further processed’’.

(b) LABELING OF EXPORTED DRUGS.—Section 801(f) of the Federal Food, Drug, and Cosmetic Act is amended—

(1) in paragraph (1), by striking ‘‘If a drug’’ and inserting

‘‘If a drug (other than insulin, an antibiotic drug, an animal

drug, or a drug exported under section 802)’’; and

(2) in paragraph (2), by adding at the end the following

new sentence: ‘‘A drug exported under section 802 is exempt

from this section.’’.

(c) EXPORT OF CERTAIN UNAPPROVED DRUGS AND DEVICES.—

Section 802(f)(5) of the Federal Food, Drug, and Cosmetic Act is

amended by striking ‘‘if the drug or device is not labeled’’ and

inserting ‘‘if the labeling of the drug or device is not’’.

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, $21,350,000, 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

21 USC 382.

21 USC 381.
110 STAT. 1596 PUBLIC LAW 104–180—AUG. 6, 1996

Assistance Corporation on obligations issued through 1994, as

authorized $10,290,000.

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; $55,101,000, including not to exceed $1,000 for

official reception and representation expenses: Provided, That the

Commission is authorized to charge reasonable fees to attendees

of Commission sponsored educational events and symposia to cover

the Commission’s costs of providing those events and symposia,

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

to this account, to be available without further appropriation.

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $37,478,000 (from assessments collected from

farm credit institutions and from the Federal Agricultural Mortgage

Corporation) shall be obligated during the current fiscal year for

administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated

with receiverships.

TITLE VII—GENERAL PROVISIONS

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

for the fiscal year 1997 under this Act shall be available for the

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

exceed 667 passenger motor vehicles, of which 643 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 therefore

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

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

the Department of Agriculture in this Act for research and service

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

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

United States Code, shall be available for contracting in accordance

with said Acts and chapter.

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

Capital Fund for the purpose of accumulating growth capital for

data services and National Finance Center operations shall not

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

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

Capital Fund without the approval of the agency administrator.

SEC. 705. New obligational authority provided for the following

appropriation items in this Act shall remain available until

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

Service, the contingency fund to meet emergency conditions, fruit

7 USC 2209b.

7 USC 1623a.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1597

fly program, and integrated systems acquisition project; Farm Service Agency, salaries and expenses funds made available to county

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

New obligational authority for the boll weevil program; up

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

Health Inspection Service; 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.

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 1996 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

7 USC 612c note.
110 STAT. 1598 PUBLIC LAW 104–180—AUG. 6, 1996

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 1997 shall remain available until expended to cover obligations

made in fiscal year 1997 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 1997

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

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

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

Act’’).

(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may

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

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products.

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

financial assistance using funds made available in this Act,

the head of each Federal agency shall provide to each recipient

of the assistance a notice describing the statement made in

paragraph (1) by the Congress.

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

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

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

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

person shall be ineligible to receive any contract or subcontract

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

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

SEC. 717. Notwithstanding the Federal Grant and Cooperative

Agreement Act, marketing services of the Agricultural Marketing

Service and the Animal and Plant Health Inspection Service may

use cooperative agreements to reflect a relationship between Agricultural Marketing Service or the Animal and Plant Health Inspection Service and a State or Cooperator to carry out agricultural

marketing programs or to carry out programs to protect the Nation’s

animal and plant resources.

SEC. 718. 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

or to maintain any account or subaccount within the accounting
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1599

records of the Rural Telephone Bank the creation of which has

not specifically been authorized by statute: Provided, That notwithstanding any other provision of law, none of the funds appropriated

or otherwise made available in this Act may be used to transfer

to the Treasury or to the Federal Financing Bank any unobligated

balance of the Rural Telephone Bank telephone liquidating account

which is in excess of current requirements and such balance shall

receive interest as set forth for financial accounts in section 505(c)

of the Federal Credit Reform Act of 1990.

SEC. 719. None of the funds appropriated or otherwise made

available by this Act may be used to provide food stamp benefits

to households whose benefits are calculated using a standard deduction greater than the standard deduction in effect for fiscal year

1995.

SEC. 720. None of the funds made available in this Act may

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

who carry out a market promotion/market access program pursuant

to section 203 of the Agricultural Trade Act of 1978 (7 U.S.C.

5623) that provides assistance to the United States Mink Export

Development Council or any mink industry trade association.

SEC. 721. None of the funds appropriated or otherwise made

available by this Act, or made available through the Commodity

Credit Corporation, shall be used to enroll in excess of 130,000

acres in the fiscal year 1997 wetlands reserve program, as authorized by section 3837 of title 16, United States Code: Provided,

That additional acreage may be enrolled in the program to the

extent that non-Federal funds available to the Secretary are used

to fully compensate for the cost of additional enrollments: Provided

further, That the condition on enrollments provided in section

1237(b)(2)(B) of the Food Security Act of 1985, as amended (16

U.S.C. 3837(b)(2)(B)) shall be deemed met upon the enrollment

of 43,333 acres through the use of temporary easements: Provided

further, That the Secretary shall not enroll acres in the wetlands

reserve program through the use of new permanent easements

in fiscal year 1998 until the Secretary has enrolled at least 31,667

acres in the program through the use of temporary easements.

SEC. 722. Of the funds made available by this Act, not more

than $1,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and

task forces of the Department of Agriculture except for panels

used to comply with negotiated rule makings and panels used

to evaluate competitively awarded grants.

SEC. 723. None of the funds appropriated or otherwise made

available by this Act shall be used to pay the salaries and expenses

of personnel who carry out an export enhancement program if

the aggregate amount of funds and/or commodities under such

program exceeds $100,000,000.

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

available by this Act shall be used to pay the salaries and expenses

of personnel who carry out a farmland protection program in excess

of $2,000,000 authorized by section 388 of Public Law 104–127.

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

available by this Act shall be used to pay the salaries and expenses

of personnel who carry out a conservation farm option program

in excess of $2,000,000 authorized by section 335 of Public Law

104–127.
110 STAT. 1600 PUBLIC LAW 104–180—AUG. 6, 1996

SEC. 726. None of the funds made available in this Act may

be used to pay the salaries of employees of the Department of

Agriculture who make payments pursuant to a production flexibility

contract entered into under section 111 of the Federal Agriculture

Improvement and Reform Act of 1996 (Public Law 104–127; 7

U.S.C. 7211) when it is made known to the Federal official having

authority to obligate or expend such funds that the land covered

by that production flexibility contract is not being used for the

production of an agricultural commodity or is not devoted to a

conserving use, unless it is also made known to that Federal official

that the lack of agricultural production or the lack of a conserving

use is a consequence of drought, flood, or other natural disaster.

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

available by this Act shall be used to extend any existing or expiring

contract in the Conservation Reserve Program authorized by 16

U.S.C. 3831–3845.

SEC. 728. None of the funds appropriated in this Act may

be used to carry out the provisions of section 918 of Public Law

104–127, the Federal Agriculture Improvement and Reform Act.

SEC. 729. Hereafter, funds appropriated to the Department

of Agriculture may be used for incidental expenses such as transportation, uniforms, lodging, and subsistence for volunteers serving

under the authority of 7 U.S.C. 2272, when such volunteers are

engaged in the work of the United States Department of Agriculture; and for promotional items of nominal value relating to

the United States Department of Agriculture Volunteer Programs.

SEC. 730. No employee of the Department of Agriculture may

be detailed or assigned from an agency or office funded by this

Act to any other agency or office of the Department for more

than 30 days unless the individual’s employing agency or office

is fully reimbursed by the receiving agency or office for the salary

and expenses of the employee for the period of assignment.

SEC. 731. Section 747 of the Federal Agriculture Improvement

and Reform Act of 1996 is amended by inserting, ‘‘effective October

1, 1996,’’ following ‘‘The Secretary shall make grants’’ in section

310B(e)(2) of the Consolidated Farm and Rural Development Act:

Provided, That this section shall take effect upon enactment of

this Act into law.

SEC. 732. LABELING OF RAW POULTRY PRODUCTS.—

(a) IN GENERAL.—Notwithstanding any other provision of law,

none of the funds appropriated or otherwise made available by

this Act may be used to implement or enforce the final rule related

to the labeling of raw poultry products promulgated by the Food

Safety and Inspection Service on August 25, 1995 (60 Fed. Reg.

44395), and the final rule shall not be effective during fiscal year

1997.

(b) FINAL RULE.—Not later than 90 days after the date of

enactment of this Act, the Secretary of Agriculture shall issue

a revised final rule related to the labeling of raw poultry products

that—

(1) maintains the standard that the term ‘‘fresh’’ may be

used only for raw poultry products the internal core temperature of which has not fallen below 26° Fahrenheit;

(2) deletes the requirement that poultry products the

internal core temperature of which has ever been less than

26° Fahrenheit, but more than 0° Fahrenheit, be labeled as

‘‘hard chilled’’ or ‘‘previously hard chilled’’, except that—

Effective date.

Ante, p. 1125.

7 USC 2272a.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1601

(A) the products shall be prohibited under the rule

from being labeled as ‘‘fresh’’ but shall not be required

to bear any specific alternative labeling; and

(B) nothing in this section shall be interpreted as

modifying the requirements for labeling of all poultry products the internal core temperature of which has ever fallen

to 0° Fahrenheit as ‘‘frozen’’;

(3) provides for a tolerance from the 26° Fahrenheit standard established by the rule of—

(A) 1° Fahrenheit for poultry products within an official

processing establishment;

(B) 2° Fahrenheit for poultry products in commerce;

(4) exempts from temperature testing wings, tenders,

hearts, livers, gizzards, necks, and products that undergo special processing, such as sliced poultry products; and

(5) in all other terms and conditions (including the period

of time permitted for implementation) is substantively identical

to the rule referred to in subsection (a).

(c) REVISED LABELING STANDARDS.—Not later than 60 days

after the issuance of a revised final rule under subsection (b),

the Secretary of Agriculture, acting through the Administrator of

the Food Safety and Inspection Service, shall issue a compliance

directive for the enforcement of the revised labeling standards established by the rule, including standards for—

(1) temperature testing that are based on measurements

at the center of the deepest muscle; and

(2) sampling methods that ensure that the average of

individual temperatures within poultry product lots of each

specific product type (such as whole birds, whole muscle leg

products, and whole muscle breast products) meet the standards.

(d) SEVERABILITY.—If any provision of this section or the

application thereof to any person or circumstance is held invalid,

the validity of the remainder of this section and of the application

of the provision to any other persons or circumstances shall not

be affected.

SEC. 733. Hereafter, notwithstanding any other provision of

law, any domestic fish or fish product produced in compliance

with food safety standards or procedures accepted by the Food

and Drug Administration as satisfying the requirements of the

‘‘Procedures for the Safe and Sanitary Processing and Importing

of Fish and Fish Products’’ (published by the Food and Drug

Administration as a final regulation in the Federal Register of

December 18, 1995), shall be deemed to have met any inspection

requirements of the Department of Agriculture or other Federal

agency for any Federal commodity purchase program, including

the program authorized under section 32 of the Act of August

24, 1935 (7 U.S.C. 612c) except that the Department of Agriculture

or other Federal agency may utilize lot inspection to establish

a reasonable degree of certainty that fish or fish products purchased

under a Federal commodity purchase program, including the program authorized under section 32 of the Act of August 24, 1935

(7 U.S.C. 612c), meet Federal product specifications.

SEC. 734. Rural Housing Program Extensions.—

(a) EXTENSION OF MULTIFAMILY RURAL HOUSING LOAN PROGRAM.—

21 USC 342 note.
110 STAT. 1602 PUBLIC LAW 104–180—AUG. 6, 1996

(1) AUTHORITY TO MAKE LOANS.—Section 515(b)(4) of the

Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by

striking ‘‘September 30, 1996’’ and inserting ‘‘September 30,

1997’’.

(2) SET-ASIDE FOR NONPROFIT ENTITIES.—The first sentence

of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C.

1485(w)(1)) is amended by striking ‘‘fiscal year 1996’’ and inserting ‘‘fiscal year 1997’’.

(b) EXTENSION OF HOUSING IN UNDERSERVED AREAS PROGRAM.—The first sentence of section 509(f)(4)(A) of the Housing

Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended by striking ‘‘fiscal

year 1996’’ and inserting ‘‘fiscal year 1997’’.

(c) REFORMS FOR MULTIFAMILY RURAL HOUSING LOAN PROGRAM.—

(1) LIMITATION ON PROJECT TRANSFERS.—Section 515 of

the Housing Act of 1949 (42 U.S.C. 1485) is amended by inserting after subsection (g) the following new subsection:

‘‘(h) PROJECT TRANSFERS.—After the date of the enactment

of the Act entitled ‘An Act making appropriations for Agriculture,

Rural Development, Food and Drug Administration, and Related

Agencies programs for the fiscal year ending September 30, 1997,

and for other purposes’, the ownership or control of a project for

which a loan is made or insured under this section may be transferred only if the Secretary determines that such transfer would

further the provision of housing and related facilities for low-income

families or persons and would be in the best interests of residents

and the Federal Government.’’.

(2) EQUITY LOANS.—Section 515(t) of the Housing Act of

1949 (42 U.S.C. 1485(t)) is amended—

(A) by striking paragraphs (4) and (5); and

(B) by redesignating paragraphs (6) through (8) as

paragraphs (4) through (6), respectively.

(3) EQUITY TAKEOUT LOANS TO EXTEND LOW-INCOME USE.—

(A) AUTHORITY AND LIMITATION.—Section

502(c)(4)(B)(iv) of the Housing Act of 1949 (42 U.S.C.

1472(c)(4)(B)(iv)) is amended by inserting before the period

at the end the following: ‘‘or under paragraphs (1) and

(2) of section 514(j), except that an equity loan referred

to in this clause may not be made available after the

date of the enactment of the Act entitled ‘An Act making

appropriations for Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies programs

for the fiscal year ending September 30, 1997, and for

other purposes’, unless the Secretary determines that the

other incentives available under this subparagraph are not

adequate to provide a fair return on the investment of

the borrower, to prevent prepayment of the loan insured

under section 514 or 515, or to prevent the displacement

of tenants of the housing for which the loan was made’’.

(B) APPROVAL OF ASSISTANCE.—Section 502(c)(4)(C) of

the Housing Act of 1949 (42 U.S.C. 1472(c)(4)(C)) is

amended by striking ‘‘(C)’’ and all that follows through

‘‘provided—’’ and inserting the following:

‘‘(C) APPROVAL OF ASSISTANCE.—The Secretary may approve

assistance under subparagraph (B) for assisted housing only if

the restrictive period has expired for any loan for the housing

made or insured under section 514 or 515 pursuant to a contract
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1603

entered into after December 21, 1979, but before the date of the

enactment of the Department of Housing and Urban Development

Reform Act of 1989, and the Secretary determines that the combination of assistance provided—’’.

(C) TECHNICAL CORRECTION.—Section 515(c)(1) of the

Housing Act of 1949 (42 U.S.C. 1485(c)(1)) is amended

by striking ‘‘December 21, 1979’’ and inserting ‘‘December

15, 1989’’.

(d) REFORM OF SECTION 515.—Section 515 of the Housing Act

of 1949 (42 U.S.C. 1485) is amended—

(1) by striking subsection (r) and inserting the following:

‘‘(r)(1) the Secretary—

‘‘(A) may require that the initial operating reserve under

this section may be in the form of an irrevocable letter of

credit; and

‘‘(B) except as provided in paragraph (2), may require not

more than a 3 percent contribution to equity, except that the

Secretary shall require a 5 percent contribution in the case

of a project that is allocated a low-income housing tax credit

pursuant to section 42 of the Internal Revenue Code of 1986.

‘‘(2) The Secretary may adjust the amount of equity contribution

to ensure that assistance provided is not more than is necessary

to provide affordable housing after taking account of assistance

from all Federal, State, and local sources.

‘‘(3) Not later than 60 days after the date of enactment of

the Act entitled ‘An Act making appropriations for Agriculture,

Rural Development, Food and Drug Administration, and Related

Agencies programs for the fiscal year ending September 30, 1997,

and for other purposes’, the Secretary shall issue regulations to

implement subsection (r)(2) in accordance with the negotiated rulemaking procedures set forth in subchapter III of chapter 5 of

title 5, United States Code: Provided, That if the negotiated rulemaking is not completed within the designated time, the Secretary

shall proceed to promulgate regulations under the rulemaking

authority contained in 5 U.S.C. 557.’’; and

(2) by striking subsection (z).

(e) EQUITY SKIMMING PENALTIES.—

(1) INSURANCE OF LOANS FOR THE PROVISION OF HOUSING

AND RELATED FACILITIES FOR DOMESTIC FARM LABOR.—Section

514 of the Housing Act of 1949 (42 U.S.C. 1484) is amended

by adding at the end the following new subsection:

‘‘(j) EQUITY SKIMMING PENALTY.—Whoever, as an owner, agent,

or manger, or who is otherwise in custody, control, or possession

of property that is security for a loan made or insured under

this section willfully uses, or authorizes the use, of any part of

the rents, assets, proceeds, income, or other funds derived from

such property, for any purpose other than to meet actual or necessary expenses of the property, or for any other purpose not

authorized by this title or the regulations adopted pursuant to

this title, shall be fined not more than $250,000 or imprisoned

not more than 5 years, or both.’’.

(2) DIRECT AND INSURED LOANS TO PROVIDE HOUSING AND

RELATED FACILITIES FOR ELDERLY PERSONS AND FAMILIES IN

RURAL AREAS.—Section 515 of the Housing Act of 1949 (42

U.S.C. 1485), as amended by subsection (d)(2) of this section,

is amended by adding at the end the following new subsection:

Regulations.
110 STAT. 1604 PUBLIC LAW 104–180—AUG. 6, 1996

‘‘(z) EQUITY SKIMMING PENALTY.—Whoever, as an owner, agent,

or manager, or who is otherwise in custody, control, or possession

of property that is security for a loan made or insured under

this section willfully uses, or authorizes the use, of any part of

the rents, assets, proceeds, income, or other fund derived from

such property, for any purpose other than to meet actual or necessary expenses of the property, or for any other purpose not

authorized by this title or the regulations adopted pursuant to

this title, shall be fined not more than $250,000 or imprisoned

not more than 5 years, or both.’’.

(f) PRIORITIZATION OF ASSISTANCE.—Section 532 of the Housing

Act of 1949 (42 U.S.C. 1490l) is amended—

(1) in subsection (a), by striking ‘‘The Secretary’’ and inserting ‘‘Except as otherwise provided in subsection (c), the Secretary’’; and

(2) by adding at the end the following new subsection:

‘‘(c) PRIORITIZATION OF SECTION 515 HOUSING ASSISTANCE.—

‘‘(1) IN GENERAL.—The Secretary shall make assistance

under section 515 available pursuant to an objective procedure

established by the Secretary, under which the Secretary shall

identify counties and communities having the greatest need

for such assistance and designate such counties and communities to receive such assistance.

‘‘(2) OBJECTIVE MEASURES.—The Secretary shall use the

following objective measures to determine the need for rental

housing assistance under paragraph (1):

‘‘(A) The incidence of poverty.

‘‘(B) The lack of affordable housing and the existence

of substandard housing.

‘‘(C) The lack of mortgage credit.

‘‘(D) The rural characteristics of the location.

‘‘(E) Other factors as determined by the Secretary,

demonstrating the need for affordable housing.

‘‘(3) INFORMATION.—In administering this subsection, the

Secretary shall use information from the most recent decennial

census of the United States, relevant comprehensive affordable

housing strategies under section 105 of the Cranston-Gonzalez

National Affordable Housing Act, and other reliable sources

obtained by the Secretary which demonstrate the need for

affordable housing in rural areas.

‘‘(4) DESIGNATION.—A designation under this subsection

shall not be effective for a period of more than 3 years, but

may be renewed by the Secretary in accordance with the procedure set forth in this subsection. The Secretary shall take

such other reasonable actions as the Secretary considers to

be appropriate to notify the public of such designations.’’.

SEC. 735. DEPARTMENT OF AGRICULTURE VOLUNTARY SEPARATION INCENTIVE PAYMENTS.—

(a) DEFINITIONS.—For the purposes of this section—

(1) the term ‘‘agency’’ means the Department of Agriculture;

(2) the term ‘‘employee’’ means an employee (as defined

by section 2105 of title 5, United States Code) who is employed

by the agency (or an individual employed by a county committee

established under section 8(b)(5) of the Soil Conservation and

Domestic Allotment Act (16 U.S.C. 590h(b)(5))), is serving under

an appointment without time limitation, and has been currently

5 USC 5597 note.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1605

employed for a continuous period of at least 3 years, but does

not include—

(A) a reemployed annuitant under subchapter III of

chapter 83 or chapter 84 of title 5, United States Code,

or another retirement system for employees of the agency;

(B) an employee having a disability on the basis of

which such employee is or would be eligible for disability

retirement under the applicable retirement system referred

to in subparagraph (A);

(C) an employee who is in receipt of a specific notice

of involuntary separation for misconduct or unacceptable

performance;

(D) an employee who, upon completing an additional

period of service as referred to in section 3(b)(2)(B)(ii) of

the Federal Workforce Restructuring Act of 1994 (5 U.S.C.

5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act;

(E) an employee who has previously received any voluntary separation incentive payment by the Federal

Government under this section or any other authority and

has not repaid such payment;

(F) an employee covered by statutory reemployment

rights who is on transfer to another organization; or

(G) any employee who, during the twenty-four month

period preceding the date of separation, has received a

recruitment or relocation bonus under section 5753 of title

5, United States Code, or who, within the twelve month

period preceding the date of separation, received a retention

allowance under section 5754 of title 5, United States Code.

(b) AGENCY STRATEGIC PLAN.—

(1) IN GENERAL.—The head of the agency, prior to obligating

any resources for voluntary separation incentive payments,

shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the

Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining

the intended use of such incentive payments and a proposed

organizational chart for the agency once such incentive payments have been completed.

(2) CONTENTS.—The agency’s plan shall include—

(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;

(B) the number and amounts of voluntary separation

incentive payments to be offered; and

(C) a description of how the agency will operate without

the eliminated positions and functions.

(c) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE

PAYMENTS.—

(1) IN GENERAL.—A voluntary separation incentive payment

under this section may be paid by an agency to any employee

only to the extent necessary to eliminate the positions and

functions identified by the strategic plan.

(2) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary

separation incentive payment—

(A) shall be paid in a lump sum after the employee’s

separation;
110 STAT. 1606 PUBLIC LAW 104–180—AUG. 6, 1996

(B) shall be paid from appropriations or funds available

for the payment of the basic pay of the employees;

(C) shall be equal to the lesser of—

(i) an amount equal to the amount the employee

would be entitled to receive under section 5595(c) of

title 5, United States Code; or

(ii) an amount determined by the agency head

not to exceed $25,000 in fiscal year 1997, $20,000

in fiscal year 1998, $15,000 in fiscal year 1999, or

$10,000 in fiscal year 2000;

(D) shall not be a basis for payment, and shall not

be included in the computation, of any other type of Government benefit; and

(E) shall not be taken into account in determining

the amount of any severance pay to which the employee

may be entitled under section 5595 of title 5, United States

Code, based on any other separation.

(3) LIMITATION.—No amount shall be payable under this

section based on any separation occurring before the date of

the enactment of this Act, or after September 30, 2000.

(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT

FUND.—

(1) IN GENERAL.—In addition to any other payments which

it is required to make under subchapter III of chapter 83

or chapter 84 of title 5, United States Code, the agency shall

remit to the Office of Personnel Management for deposit in

the Treasury of the United States to the credit of the Civil

Service Retirement and Disability Fund an amount equal to

15 percent of the final basic pay of each employee of the

agency who is covered under subchapter III of chapter 83

or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section.

(2) DEFINITION.—For the purpose of paragraph (1), the

term ‘‘final basic pay’’, with respect to an employee, means

the total amount of basic pay which would be payable for

a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than

a full-time basis, with appropriate adjustment therefor.

(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.—An individual who has received a voluntary separation

incentive payment under this section and accepts any employment

for compensation with the Government of the United States, or

who works for any agency of the United States Government through

a personal services contract, within 5 years after the date of the

separation on which the payment is based shall be required to

pay, prior to the individual’s first day of employment, the entire

amount of the incentive payment to the agency that paid the

incentive payment.

(f) REDUCTION OF AGENCY EMPLOYMENT LEVELS.—

(1) IN GENERAL.—The total number of funded employee

positions in the agency shall be reduced by one position for

each vacancy created by the separation of any employee who

has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this subsection, positions shall be counted on a full-time-equivalent

basis.
PUBLIC LAW 104–180—AUG. 6, 1996 110 STAT. 1607

(2) ENFORCEMENT.—The President, through the Office of

Management and Budget, shall monitor the agency and take

any action necessary to ensure that the requirements of this

subsection are met.

(g) EFFECTIVE DATE.—This section shall take effect October

1, 1996.

SEC. 736. Interim Moratorium on Bypass Flows.—

(a) MORATORIUM.—Section 389(a) of Public Law 104–127 is

amended by striking ‘‘an 18-month’’ after the word ‘‘be’’ and inserting ‘‘a 20-month’’.

(b) REPORT.—Section 389(d)(4) of Public Law 104–127 is amended by striking ‘‘1 year’’ after the word ‘‘than’’ and inserting ‘‘14

months’’.

(c) EXTENSION FOR DELAY.—Section 389 of Public Law 104–

127 is amended by adding at the end the following new subsection—

‘‘(e) EXTENSION FOR DELAY.—There shall be a day-for-day extension to the 20-month moratorium required by subsection (a) and

a day-for-day extension to the report required by subsection (d)(4)—

‘‘(1) for every day of delay in implementing or establishing

the Water Rights Task Force caused by a failure to nominate

Task Force members by the Administration or by the Congress;

or

‘‘(2) for every day of delay caused by a failure by the

Secretary of Agriculture to identify adequate resources as determined by the Secretary of Agriculture to carry out the purposes

of the Task Force.’’.

TITLE VIII—SUPPLEMENTAL APPROPRIATIONS AND

RESCISSION FOR THE FISCAL YEAR ENDING

SEPTEMBER 30, 1996

DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

For an additional amount for the Agricultural Credit Insurance

Fund Program Account for the additional cost of emergency insured

loans authorized by 7 U.S.C. 1928–1929, including the cost of

modifying such loans as defined in section 502 of the Congressional

Budget Act of 1974, resulting from droughts in the Western United

States, Hurricane Bertha, and other natural disasters, to remain

available until expended, $32,244,000: Provided, That these funds

are available to subsidize additional gross obligations for the principal amount of direct loans of $110,000,000: Provided further,

That the entire amount is designated by Congress as an emergency

requirement pursuant to section 251(b)(2)(D)(i) of the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended:

Provided further, That the amount shall be available to the extent

that the President notifies Congress of his designation of any or

all of these amounts as an emergency requirement under section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

President.

Ante, p. 1021.

President.
110 STAT. 1608 PUBLIC LAW 104–180—AUG. 6, 1996

LEGISLATIVE HISTORY—H.R. 3603:

HOUSE REPORTS: Nos. 104–613 (Comm. on Appropriations) and 104–726 (Comm.

of Conference).

SENATE REPORTS: No. 104–317 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 142 (1996):

June 11, 12, considered and passed House.

July 22–24, considered and passed Senate, amended.

Aug. 1, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Aug. 6, Presidential statement.

Æ

DEPARTMENT OF THE TREASURY

BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, to be

used in connection with investigations of arson or violence against

religious institutions, $12,011,000, to remain available until

expended.

INTERNAL REVENUE SERVICE

INFORMATION SYSTEMS

(RESCISSION)

Of the funds made available under this heading in Public

Law 104–52, $16,500,000 are rescinded.

This Act may be cited as the ‘‘Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 1997’’.

Approved August 6, 1996.