Calendar No. 116

105TH CONGRESS

1ST SESSION S. 1033

[Report No. 105–51]

A BILL

Making appropriations for Agriculture, Rural Deposes. ending September 30, 1998, and for other pur- Related Agencies programs for the fiscal year velopment, Food and Drug Administration, and

JULY 17, 1997

Read twice and placed on the calendar
II

Calendar No. 116

105TH CONGRESS

1ST SESSION S. 1033

[Report No. 105–51]

Making appropriations for Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies programs for the fiscal year ending

September 30, 1998, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 17, 1997

Mr. COCHRAN, from the Committee on Appropriations, reported the following

bill; which was read twice and placed on the calendar

A BILL

Making appropriations for Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies

programs for the fiscal year ending September 30, 1998,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for Ag5 riculture, Rural Development, Food and Drug Administra6 tion, and Related Agencies programs for the fiscal year
2

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1 ending September 30, 1998, and for other purposes;

2 namely:

3 TITLE I

4 AGRICULTURAL PROGRAMS

5 PRODUCTION, PROCESSING, AND MARKETING

6 OFFICE OF THE SECRETARY

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Office of the Secretary

9 of Agriculture, and not to exceed $75,000 for employment

10 under 5 U.S.C. 3109, $2,836,000: Provided, That not to

11 exceed $11,000 of this amount, along with any unobli12 gated balances of representation funds in the Foreign Ag13 ricultural Service, shall be available for official reception

14 and representation expenses, not otherwise provided for,

15 as determined by the Secretary: Provided further, That

16 none of the funds appropriated or otherwise made avail17 able by this Act may be used to pay the salaries and ex18 penses of personnel of the Department of Agriculture to

19 carry out section 793(c)(1)(C) of Public Law 104–127:

20 Provided further, That none of the funds made available

21 by this Act may be used to enforce section 793(d) of Pub22 lic Law 104–127.
3

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1 EXECUTIVE OPERATIONS

2 CHIEF ECONOMIST

3 For necessary expenses of the Chief Economist, in4 cluding economic analysis, risk assessment, cost-benefit

5 analysis, and the functions of the World Agricultural Out6 look Board, as authorized by the Agricultural Marketing

7 Act of 1946 (7 U.S.C. 1622g), and including employment

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

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

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

11 $5,252,000.

12 NATIONAL APPEALS DIVISION

13 For necessary expenses of the National Appeals Divi14 sion, including employment pursuant to the second sen15 tence of section 706(a) of the Organic Act of 1944 (7

16 U.S.C. 2225), of which not to exceed $25,000 is for em17 ployment under 5 U.S.C. 3109, $12,360,000.

18 OFFICE OF BUDGET AND PROGRAM ANALYSIS

19 For necessary expenses of the Office of Budget and

20 Program Analysis, including employment pursuant to the

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

22 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is

23 for employment under 5 U.S.C. 3109, $5,986,000.
4

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1 OFFICE OF SMALL AND DISADVANTAGED BUSINESS

2 UTILIZATION

3 For necessary expenses of the Office of Small and

4 Disadvantaged Business Utilization, including employ5 ment pursuant to the second sentence of section 706(a)

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

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

8 $783,000.

9 OFFICE OF THE CHIEF INFORMATION OFFICER

10 For necessary expenses of the Office of the Chief In11 formation Officer, including employment pursuant to the

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

13 1944 (7 U.S.C. 2225), of which not to exceed $10,000

14 is for employment under 5 U.S.C. 3109, $4,773,000.

15 CHIEF FINANCIAL OFFICER

16 For necessary expenses of the Office of the Chief Fi17 nancial Officer, including employment pursuant to the sec18 ond sentence of section 706(a) of the Organic Act of 1944

19 (7 U.S.C. 2225), of which not to exceed $10,000 is for

20 employment under 5 U.S.C. 3109, $4,283,000: Provided,

21 That the Chief Financial Officer shall actively market

22 cross-servicing activities of the National Finance Center.
5

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1 OFFICE OF THE ASSISTANT SECRETARY FOR

2 ADMINISTRATION

3 For necessary salaries and expenses of the Office of

4 the Assistant Secretary for Administration to carry out

5 the programs funded in this Act, $613,000.

6 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

7 PAYMENTS

8 (INCLUDING TRANSFERS OF FUNDS)

9 For payment of space rental and related costs pursu10 ant to Public Law 92–313, including authorities pursuant

11 to the 1984 delegation of authority from the Adminis12 trator of General Services to the Department of Agri13 culture under 40 U.S.C. 486, for programs and activities

14 of the Department which are included in this Act, and for

15 the operation, maintenance, modification, and repair of

16 buildings and facilities as necessary to carry out the pro17 grams of the Department, where not otherwise provided,

18 $123,385,000: Provided, That in the event an agency

19 within the Department should require modification of

20 space needs, the Secretary of Agriculture may transfer a

21 share of that agency’s appropriation made available by

22 this Act to this appropriation, or may transfer a share

23 of this appropriation to that agency’s appropriation, but

24 such transfers shall not exceed 5 percent of the funds

25 made available for space rental and related costs to or
6

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1 from this account. In addition, for construction, repair,

2 improvement, extension, alteration, and purchase of fixed

3 equipment or facilities as necessary to carry out the pro4 grams of the Department, where not otherwise provided,

5 $5,000,000, to remain available until expended; and in ad6 dition, for necessary relocation expenses of the Depart7 ment’s agencies, $2,700,000, to remain available until ex8 pended; making a total appropriation of $131,085,000.

9 HAZARDOUS WASTE MANAGEMENT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses of the Department of Agri12 culture, to comply with the requirement of section 107(g)

13 of the Comprehensive Environmental Response, Com14 pensation, and Liability Act, as amended, 42 U.S.C.

15 9607(g), and section 6001 of the Resource Conservation

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

17 $15,700,000, to remain available until expended: Pro18 vided, That appropriations and funds available herein to

19 the Department for Hazardous Waste Management may

20 be transferred to any agency of the Department for its

21 use in meeting all requirements pursuant to the above

22 Acts on Federal and non-Federal lands.
7

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1 DEPARTMENTAL ADMINISTRATION

2 (INCLUDING TRANSFERS OF FUNDS)

3 For Departmental Administration, $24,948,000, to

4 provide for necessary expenses for management support

5 services to offices of the Department and for general ad6 ministration and disaster management of the Department,

7 repairs and alterations, and other miscellaneous supplies

8 and expenses not otherwise provided for and necessary for

9 the practical and efficient work of the Department, includ10 ing employment pursuant to the second sentence of section

11 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

12 which not to exceed $10,000 is for employment under 5

13 U.S.C. 3109: Provided, That this appropriation shall be

14 reimbursed from applicable appropriations in this Act for

15 travel expenses incident to the holding of hearings as re16 quired by 5 U.S.C. 551–558.

17 OFFICE OF THE ASSISTANT SECRETARY FOR

18 CONGRESSIONAL RELATIONS

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary salaries and expenses of the Office of

21 the Assistant Secretary for Congressional Relations to

22 carry out the programs funded in this Act, including pro23 grams involving intergovernmental affairs and liaison

24 within the executive branch, $3,668,000: Provided, That

25 no other funds appropriated to the Department in this Act
8

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1 shall be available to the Department for support of activi2 ties of congressional relations: Provided further, That not

3 less than $2,241,000 shall be transferred to agencies fund4 ed in this Act to maintain personnel at the agency level.

5 OFFICE OF COMMUNICATIONS

6 For necessary expenses to carry on services relating

7 to the coordination of programs involving public affairs,

8 for the dissemination of agricultural information, and the

9 coordination of information, work, and programs author10 ized by Congress in the Department, $8,138,000, includ11 ing employment pursuant to the second sentence of section

12 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

13 which not to exceed $10,000 shall be available for employ14 ment under 5 U.S.C. 3109, and not to exceed $2,000,000

15 may be used for farmers’ bulletins.

16 OFFICE OF THE INSPECTOR GENERAL

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses of the Office of the Inspector

19 General, including employment pursuant to the second

20 sentence of section 706(a) of the Organic Act of 1944 (7

21 U.S.C. 2225), and the Inspector General Act of 1978, as

22 amended, $63,728,000, including such sums as may be

23 necessary for contracting and other arrangements with

24 public agencies and private persons pursuant to section

25 6(a)(9) of the Inspector General Act of 1978, as amended,
9

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1 including a sum not to exceed $50,000 for employment

2 under 5 U.S.C. 3109; and including a sum not to exceed

3 $125,000, for certain confidential operational expenses in4 cluding the payment of informants, to be expended under

5 the direction of the Inspector General pursuant to Public

6 Law 95–452 and section 1337 of Public Law 97–98: Pro7 vided, That funds transferred to the Office of the Inspec8 tor General through forfeiture proceedings or from the De9 partment of Justice Assets Forfeiture Fund or the De10 partment of the Treasury Forfeiture Fund, as a partici11 pating agency, as an equitable share from the forfeiture

12 of property in investigations in which the Office of the In13 spector General participates, or through the granting of

14 a Petition for Remission or Mitigation, shall be deposited

15 to the credit of this account for law enforcement activities

16 authorized under the Inspector General Act of 1978, as

17 amended, to remain available until expended.

18 OFFICE OF THE GENERAL COUNSEL

19 For necessary expenses of the Office of the General

20 Counsel, $29,098,000.

21 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

22 EDUCATION AND ECONOMICS

23 For necessary salaries and expenses of the Office of

24 the Under Secretary for Research, Education and Eco25 nomics to administer the laws enacted by the Congress
10

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1 for the Economic Research Service, the National Agricul2 tural Statistics Service, the Agricultural Research Service,

3 and the Cooperative State Research, Education, and Ex4 tension Service, $540,000.

5 ECONOMIC RESEARCH SERVICE

6 For necessary expenses of the Economic Research

7 Service in conducting economic research and analysis, as

8 authorized by the Agricultural Marketing Act of 1946 (7

9 U.S.C. 1621–1627) and other laws, $53,109,000: Pro10 vided, That this appropriation shall be available for em11 ployment pursuant to the second sentence of section

12 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

13 NATIONAL AGRICULTURAL STATISTICS SERVICE

14 For necessary expenses of the National Agricultural

15 Statistics Service in conducting statistical reporting and

16 service work, including crop and livestock estimates, sta17 tistical coordination and improvements, marketing sur18 veys, and the Census of Agriculture notwithstanding 13

19 U.S.C. 142(a–b), as authorized by the Agricultural Mar20 keting Act of 1946 (7 U.S.C. 1621–1627) and other laws,

21 $118,048,000, of which up to $36,327,000 shall be avail22 able until expended for the Census of Agriculture: Pro23 vided, That this appropriation shall be available for em24 ployment pursuant to the second sentence of section

25 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and
11

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1 not to exceed $40,000 shall be available for employment

2 under 5 U.S.C. 3109.

3 AGRICULTURAL RESEARCH SERVICE

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses to enable the Agricultural Re6 search Service to perform agricultural research and dem7 onstration relating to production, utilization, marketing,

8 and distribution (not otherwise provided for); home eco9 nomics or nutrition and consumer use including the acqui10 sition, preservation, and dissemination of agricultural in11 formation; and for acquisition of lands by donation, ex12 change, or purchase at a nominal cost not to exceed $100,

13 $738,000,000: Provided, That appropriations hereunder

14 shall be available for temporary employment pursuant to

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

16 of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall

17 be available for employment under 5 U.S.C. 3109: Pro18 vided further, That appropriations hereunder shall be

19 available for the operation and maintenance of aircraft

20 and the purchase of not to exceed one for replacement

21 only: Provided further, That appropriations hereunder

22 shall be available pursuant to 7 U.S.C. 2250 for the con23 struction, alteration, and repair of buildings and improve24 ments, but unless otherwise provided the cost of construct25 ing any one building shall not exceed $250,000, except for
12

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1 headhouses or greenhouses which shall each be limited to

2 $1,000,000, and except for ten buildings to be constructed

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

4 the cost of altering any one building during the fiscal year

5 shall not exceed 10 percent of the current replacement

6 value of the building or $250,000, whichever is greater:

7 Provided further, That the limitations on alterations con8 tained in this Act shall not apply to modernization or re9 placement of existing facilities at Beltsville, Maryland:

10 Provided further, That the foregoing limitations shall not

11 apply to replacement of buildings needed to carry out the

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

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

14 subdivision, organization, or individual for the purpose of

15 establishing or operating any research facility or research

16 project of the Agricultural Research Service, as authorized

17 by law.

18 None of the funds in the foregoing paragraph shall

19 be available to carry out research related to the produc20 tion, processing or marketing of tobacco or tobacco prod21 ucts.

22 BUILDINGS AND FACILITIES

23 For acquisition of land, construction, repair, improve24 ment, extension, alteration, and purchase of fixed equip25 ment or facilities as necessary to carry out the agricultural
13

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1 research programs of the Department of Agriculture,

2 where not otherwise provided, $69,100,000, to remain

3 available until expended (7 U.S.C. 2209b): Provided, That

4 funds may be received from any State, other political sub5 division, organization, or individual for the purpose of es6 tablishing any research facility of the Agricultural Re7 search Service, as authorized by law.

8 COOPERATIVE STATE RESEARCH, EDUCATION, AND

9 EXTENSION SERVICE

10 RESEARCH AND EDUCATION ACTIVITIES

11 For payments to agricultural experiment stations, for

12 cooperative forestry and other research, for facilities, and

13 for other expenses, including $168,734,000 to carry into

14 effect the provisions of the Hatch Act (7 U.S.C. 361a–

15 361i); $20,497,000 for grants for cooperative forestry re16 search (16 U.S.C. 582a–582a7); $27,735,000 for pay17 ments to the 1890 land-grant colleges, including Tuskegee

18 University (7 U.S.C. 3222); $47,525,000 for special

19 grants for agricultural research (7 U.S.C. 450i(c));

20 $13,619,000 for special grants for agricultural research

21 on improved pest control (7 U.S.C. 450i(c));

22 $100,000,000 for competitive research grants (7 U.S.C.

23 450i(b)); $4,775,000 for the support of animal health and

24 disease programs (7 U.S.C. 3195); $550,000 for supple25 mental and alternative crops and products (7 U.S.C.
14

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1 3319d); $600,000 for grants for research pursuant to the

2 Critical Agricultural Materials Act of 1984 (7 U.S.C. 178)

3 and section 1472 of the Food and Agriculture Act of 1977,

4 as amended (7 U.S.C. 3318), to remain available until ex5 pended; $3,000,000 for higher education graduate fellow6 ships grants (7 U.S.C. 3152(b)(6)), to remain available

7 until expended (7 U.S.C. 2209b); $4,350,000 for higher

8 education challenge grants (7 U.S.C. 3152(b)(1));

9 $1,000,000 for a higher education minority scholars pro10 gram (7 U.S.C. 3152(b)(5)), to remain available until ex11 pended (7 U.S.C. 2209b); $1,500,000 for an education

12 grants program for Hispanic-serving Institutions (7

13 U.S.C. 3241); $4,000,000 for aquaculture grants (7

14 U.S.C. 3322); $8,000,000 for sustainable agriculture re15 search and education (7 U.S.C. 5811); $9,200,000 for a

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

17 to colleges eligible to receive funds under the Act of Au18 gust 30, 1890 (7 U.S.C. 321–326 and 328), including

19 Tuskegee University, to remain available until expended

20 (7 U.S.C. 2209b); $1,450,000 for payments to the 1994

21 Institutions pursuant to section 534(a)(1) of Public Law

22 103–382; and $10,991,000 for necessary expenses of Re23 search and Education Activities, of which not to exceed

24 $100,000 shall be for employment under 5 U.S.C. 3109;

25 in all, $427,526,000.
15

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1 None of the funds in the foregoing paragraph shall

2 be available to carry out research related to the produc3 tion, processing or marketing of tobacco or tobacco prod4 ucts.

5 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

6 For establishment of a Native American institutions

7 endowment fund, as authorized by Public Law 103–382

8 (7 U.S.C. 301 note), $4,600,000.

9 EXTENSION ACTIVITIES

10 Payments to States, the District of Columbia, Puerto

11 Rico, Guam, the Virgin Islands, Micronesia, Northern

12 Marianas, and American Samoa: For payments for coop13 erative extension work under the Smith-Lever Act, as

14 amended, to be distributed under sections 3(b) and 3(c)

15 of said Act, and under section 208(c) of Public Law 93–

16 471, for retirement and employees’ compensation costs for

17 extension agents and for costs of penalty mail for coopera18 tive extension agents and State extension directors,

19 $268,493,000; $2,000,000 for extension work at the 1994

20 Institutions under the Smith-Lever Act (7 U.S.C.

21 343(b)(3)); payments for the nutrition and family edu22 cation program for low-income areas under section 3(d)

23 of the Act, $58,695,000; payments for the pest manage24 ment program under section 3(d) of the Act, $10,783,000;

25 payments for the farm safety program under section 3(d)
16

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1 of the Act, $2,855,000; payments for the pesticide impact

2 assessment program under section 3(d) of the Act,

3 $3,214,000; payments to upgrade 1890 land-grant college

4 research, extension, and teaching facilities as authorized

5 by section 1447 of Public Law 95–113, as amended (7

6 U.S.C. 3222b), $7,549,000, to remain available until ex7 pended; payments for the rural development centers under

8 section 3(d) of the Act, $908,000; payments for a ground9 water quality program under section 3(d) of the Act,

10 $9,061,000; payments for the agricultural telecommuni11 cations program, as authorized by Public Law 101–624

12 (7 U.S.C. 5926), $1,167,000; payments for youth-at-risk

13 programs under section 3(d) of the Act, $9,554,000; pay14 ments for a food safety program under section 3(d) of the

15 Act, $2,365,000; payments for carrying out the provisions

16 of the Renewable Resources Extension Act of 1978,

17 $3,192,000; payments for Indian reservation agents under

18 section 3(d) of the Act, $1,672,000; payments for sustain19 able agriculture programs under section 3(d) of the Act,

20 $3,309,000; payments for rural health and safety edu21 cation as authorized by section 2390 of Public Law 101–

22 624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments

23 for cooperative extension work by the colleges receiving the

24 benefits of the second Morrill Act (7 U.S.C. 321–326,

25 328) and Tuskegee University, $25,090,000; and for Fed-
17

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1 eral administration and coordination including administra2 tion of the Smith-Lever Act, as amended, and the Act of

3 September 29, 1977 (7 U.S.C. 341–349), as amended,

4 and section 1361(c) of the Act of October 3, 1980 (7

5 U.S.C. 301 note), and to coordinate and provide program

6 leadership for the extension work of the Department and

7 the several States and insular possessions, $10,787,000;

8 in all, $423,322,000: Provided, That funds hereby appro9 priated pursuant to section 3(c) of the Act of June 26,

10 1953, and section 506 of the Act of June 23, 1972, as

11 amended, shall not be paid to any State, the District of

12 Columbia, Puerto Rico, Guam, or the Virgin Islands, Mi13 cronesia, Northern Marianas, and American Samoa prior

14 to availability of an equal sum from non-Federal sources

15 for expenditure during the current fiscal year.

16 OFFICE OF THE ASSISTANT SECRETARY FOR

17 MARKETING AND REGULATORY PROGRAMS

18 For necessary salaries and expenses of the Office of

19 the Assistant Secretary for Marketing and Regulatory

20 Programs to administer programs under the laws enacted

21 by the Congress for the Animal and Plant Health Inspec22 tion Service, Agricultural Marketing Service, and the

23 Grain Inspection, Packers and Stockyards Administration,

24 $618,000.
18

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1 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For expenses, not otherwise provided for, including

5 those pursuant to the Act of February 28, 1947, as

6 amended (21 U.S.C. 114b–c), necessary to prevent, con7 trol, and eradicate pests and plant and animal diseases;

8 to carry out inspection, quarantine, and regulatory activi9 ties; to discharge the authorities of the Secretary of Agri10 culture under the Act of March 2, 1931 (46 Stat. 1468;

11 7 U.S.C. 426–426b); and to protect the environment, as

12 authorized by law, $437,183,000, of which $4,500,000

13 shall be available for the control of outbreaks of insects,

14 plant diseases, animal diseases and for control of pest ani15 mals and birds to the extent necessary to meet emergency

16 conditions: Provided, That no funds shall be used to for17 mulate or administer a brucellosis eradication program for

18 the current fiscal year that does not require minimum

19 matching by the States of at least 40 percent: Provided

20 further, That this appropriation shall be available for field

21 employment pursuant to the second sentence of section

22 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

23 not to exceed $40,000 shall be available for employment

24 under 5 U.S.C. 3109: Provided further, That this appro25 priation shall be available for the operation and mainte-
19

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1 nance of aircraft and the purchase of not to exceed four,

2 of which two shall be for replacement only: Provided fur3 ther, That, in addition, in emergencies which threaten any

4 segment of the agricultural production industry of this

5 country, the Secretary may transfer from other appropria6 tions or funds available to the agencies or corporations

7 of the Department such sums as he may deem necessary,

8 to be available only in such emergencies for the arrest and

9 eradication of contagious or infectious disease or pests of

10 animals, poultry, or plants, and for expenses in accordance

11 with the Act of February 28, 1947, as amended, and sec12 tion 102 of the Act of September 21, 1944, as amended,

13 and any unexpended balances of funds transferred for

14 such emergency purposes in the next preceding fiscal year

15 shall be merged with such transferred amounts: Provided

16 further, That appropriations hereunder shall be available

17 pursuant to law (7 U.S.C. 2250) for the repair and alter18 ation of leased buildings and improvements, but unless

19 otherwise provided the cost of altering any one building

20 during the fiscal year shall not exceed 10 percent of the

21 current replacement value of the building.

22 In fiscal year 1998 the agency is authorized to collect

23 fees to cover the total costs of providing technical assist24 ance, goods, or services requested by States, other political

25 subdivisions, domestic and international organizations,
20

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1 foreign governments, or individuals, provided that such

2 fees are structured such that any entity’s liability for such

3 fees is reasonably based on the technical assistance, goods,

4 or services provided to the entity by the agency, and such

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

6 until expended, without further appropriation, for provid7 ing such assistance, goods, or services.

8 Of the total amount available under this heading in

9 fiscal year 1998, $100,000,000 shall be derived from user

10 fees deposited in the Agricultural Quarantine Inspection

11 User Fee Account.

12 BUILDINGS AND FACILITIES

13 For plans, construction, repair, preventive mainte14 nance, environmental support, improvement, extension, al15 teration, and purchase of fixed equipment or facilities, as

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

17 authorized by 7 U.S.C. 428a, $4,200,000, to remain avail18 able until expended.

19 AGRICULTURAL MARKETING SERVICE

20 MARKETING SERVICES

21 For necessary expenses to carry on services related

22 to consumer protection, agricultural marketing and dis23 tribution, transportation, and regulatory programs, as au24 thorized by law, and for administration and coordination

25 of payments to States; including field employment pursu-
21

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1 ant to section 706(a) of the Organic Act of 1944 (7 U.S.C.

2 2225), and not to exceed $90,000 for employment under

3 5 U.S.C. 3109, $49,627,000, including funds for the

4 wholesale market development program for the design and

5 development of wholesale and farmer market facilities for

6 the major metropolitan areas of the country: Provided,

7 That this appropriation shall be available pursuant to law

8 (7 U.S.C. 2250) for the alteration and repair of buildings

9 and improvements, but the cost of altering any one build10 ing during the fiscal year shall not exceed 10 percent of

11 the current replacement value of the building.

12 Fees may be collected for the cost of standardization

13 activities, as established by regulation pursuant to law (31

14 U.S.C. 9701).

15 LIMITATION ON ADMINISTRATIVE EXPENSES

16 Not to exceed $59,521,000 (from fees collected) shall

17 be obligated during the current fiscal year for administra18 tive expenses: Provided, That if crop size is understated

19 and/or other uncontrollable events occur, the agency may

20 exceed this limitation by up to 10 percent with notification

21 to the Appropriations Committees.

22 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

23 SUPPLY (SECTION 32)

24 (INCLUDING TRANSFERS OF FUNDS)

25 Funds available under section 32 of the Act of Au26 gust 24, 1935 (7 U.S.C. 612c) shall be used only for com-
22

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1 modity program expenses as authorized therein, and other

2 related operating expenses, except for: (1) transfers to the

3 Department of Commerce as authorized by the Fish and

4 Wildlife Act of August 8, 1956; (2) transfers otherwise

5 provided in this Act; and (3) not more than $10,690,000

6 for formulation and administration of marketing agree7 ments and orders pursuant to the Agricultural Marketing

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

9 Act of 1961.

10 PAYMENTS TO STATES AND POSSESSIONS

11 For payments to departments of agriculture, bureaus

12 and departments of markets, and similar agencies for

13 marketing activities under section 204(b) of the Agricul14 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),

15 $1,200,000.

16 GRAIN INSPECTION, PACKERS AND STOCKYARDS

17 ADMINISTRATION

18 SALARIES AND EXPENSES

19 For necessary expenses to carry out the provisions

20 of the United States Grain Standards Act, as amended,

21 for the administration of the Packers and Stockyards Act,

22 for certifying procedures used to protect purchasers of

23 farm products, and the standardization activities related

24 to grain under the Agricultural Marketing Act of 1946,

25 as amended, including field employment pursuant to sec-
23

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

2 and not to exceed $25,000 for employment under 5 U.S.C.

3 3109, $23,583,000: Provided, That this appropriation

4 shall be available pursuant to law (7 U.S.C. 2250) for the

5 alteration and repair of buildings and improvements, but

6 the cost of altering any one building during the fiscal year

7 shall not exceed 10 percent of the current replacement

8 value of the building.

9 INSPECTION AND WEIGHING SERVICES

10 LIMITATION ON INSPECTION AND WEIGHING SERVICE

11 EXPENSES

12 Not to exceed $43,092,000 (from fees collected) shall

13 be obligated during the current fiscal year for inspection

14 and weighing services: Provided, That if grain export ac15 tivities require additional supervision and oversight, or

16 other uncontrollable factors occur, this limitation may be

17 exceeded by up to 10 percent with notification to the Ap18 propriations Committees.

19 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

20 For necessary salaries and expenses of the Office of

21 the Under Secretary for Food Safety to administer the

22 laws enacted by the Congress for the Food Safety and In23 spection Service, $446,000.

24 FOOD SAFETY AND INSPECTION SERVICE

25 For necessary expenses to carry on services author26 ized by the Federal Meat Inspection Act, as amended, the
24

•S 1033 PCS

1 Poultry Products Inspection Act, as amended, and the

2 Egg Products Inspection Act, as amended, $590,614,000,

3 and in addition, $1,000,000 may be credited to this ac4 count from fees collected for the cost of laboratory accredi5 tation as authorized by section 1017 of Public Law 102–

6 237: Provided, That this appropriation shall not be avail7 able for shell egg surveillance under section 5(d) of the

8 Egg Products Inspection Act (21 U.S.C. 1034(d)): Pro9 vided further, That this appropriation shall be available

10 for field employment pursuant to section 706(a) of the Or11 ganic Act of 1944 (7 U.S.C. 2225), and not to exceed

12 $75,000 shall be available for employment under 5 U.S.C.

13 3109: Provided further, That this appropriation shall be

14 available pursuant to law (7 U.S.C. 2250) for the alter15 ation and repair of buildings and improvements, but the

16 cost of altering any one building during the fiscal year

17 shall not exceed 10 percent of the current replacement

18 value of the building.

19 OFFICE OF THE UNDER SECRETARY FOR FARM AND

20 FOREIGN AGRICULTURAL SERVICES

21 For necessary salaries and expenses of the Office of

22 the Under Secretary for Farm and Foreign Agricultural

23 Services to administer the laws enacted by Congress for

24 the Farm Service Agency, Foreign Agricultural Service,
25

•S 1033 PCS

1 the Office of Risk Management, and the Commodity Cred2 it Corporation, $572,000.

3 FARM SERVICE AGENCY

4 SALARIES AND EXPENSES

5 For necessary expenses for carrying out the adminis6 tration and implementation of programs administered by

7 the Farm Service Agency, $700,659,000: Provided, That

8 the Secretary is authorized to use the services, facilities,

9 and authorities (but not the funds) of the Commodity

10 Credit Corporation to make program payments for all pro11 grams administered by the Agency: Provided further, That

12 other funds made available to the Agency for authorized

13 activities may be advanced to and merged with this ac14 count: Provided further, That these funds shall be avail15 able for employment pursuant to the second sentence of

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

17 2225), and not to exceed $1,000,000 shall be available for

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

19 STATE MEDIATION GRANTS

20 For grants pursuant to section 502(b) of the Agricul21 tural Credit Act of 1987, as amended (7 U.S.C. 5101–

22 5106), $2,000,000.

23 DAIRY INDEMNITY PROGRAM

24 (INCLUDING TRANSFERS OF FUNDS)

25 For necessary expenses involved in making indemnity

26 payments to dairy farmers for milk or cows producing
26

•S 1033 PCS

1 such milk and manufacturers of dairy products who have

2 been directed to remove their milk or dairy products from

3 commercial markets because it contained residues of

4 chemicals registered and approved for use by the Federal

5 Government, and in making indemnity payments for milk,

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

7 any dairy farmer who is directed to remove his milk from

8 commercial markets because of (1) the presence of prod9 ucts of nuclear radiation or fallout if such contamination

10 is not due to the fault of the farmer, or (2) residues of

11 chemicals or toxic substances not included under the first

12 sentence of the Act of August 13, 1968, as amended (7

13 U.S.C. 450j), if such chemicals or toxic substances were

14 not used in a manner contrary to applicable regulations

15 or labeling instructions provided at the time of use and

16 the contamination is not due to the fault of the farmer,

17 $550,000, to remain available until expended (7 U.S.C.

18 2209b): Provided, That none of the funds contained in this

19 Act shall be used to make indemnity payments to any

20 farmer whose milk was removed from commercial markets

21 as a result of his willful failure to follow procedures pre22 scribed by the Federal Government: Provided further, That

23 this amount shall be transferred to the Commodity Credit

24 Corporation: Provided further, That the Secretary is au25 thorized to utilize the services, facilities, and authorities
27

•S 1033 PCS

1 of the Commodity Credit Corporation for the purpose of

2 making dairy indemnity disbursements.

3 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For gross obligations for the principal amount of di7 rect and guaranteed loans as authorized by 7 U.S.C.

8 1928–1929, to be available from funds in the Agricultural

9 Credit Insurance Fund, as follows: farm ownership loans,

10 $460,000,000 of which $400,000,000 shall be for guaran11 teed loans; operating loans, $2,395,000,000, of which

12 $1,700,000,000 shall be for unsubsidized guaranteed

13 loans and $200,000,000 shall be for subsidized guaranteed

14 loans; Indian tribe land acquisition loans as authorized by

15 25 U.S.C. 488, $1,000,000; for emergency insured loans,

16 $25,000,000 to meet the needs resulting from natural dis17 asters; for boll weevil eradication program loans as author18 ized by 7 U.S.C. 1989, $34,653,000; and for credit sales

19 of acquired property, $25,000,000.

20 For the cost of direct and guaranteed loans, including

21 the cost of modifying loans as defined in section 502 of

22 the Congressional Budget Act of 1974, as follows: farm

23 ownership loans, $21,380,000, of which $15,440,000 shall

24 be for guaranteed loans; operating loans, $71,394,500, of

25 which $19,890,000 shall be for unsubsidized guaranteed

26 loans and $19,280,000 shall be for subsidized guaranteed
28

•S 1033 PCS

1 loans; Indian tribe land acquisition loans as authorized by

2 25 U.S.C. 488, $132,000; for emergency insured loans,

3 $6,008,000 to meet the needs resulting from natural dis4 asters; for boll weevil eradication program loans as author5 ized by 7 U.S.C. 1989, $249,500; and for credit sales of

6 acquired property, $3,255,000.

7 In addition, for administrative expenses necessary to

8 carry out the direct and guaranteed loan programs,

9 $219,861,000, of which $209,861,000 shall be transferred

10 to and merged with the ‘‘Farm Service Agency, Salaries

11 and Expenses’’ account.

12 RISK MANAGEMENT AGENCY

13 ADMINISTRATIVE AND OPERATING EXPENSES

14 For administrative and operating expenses, as au15 thorized by the Federal Agriculture Improvement and Re16 form Act of 1996 (7 U.S.C. 6933), $64,000,000: Provided,

17 That not to exceed $700 shall be available for official re18 ception and representation expenses, as authorized by 7

19 U.S.C. 1506(i). In addition, for sales commissions of

20 agents, as authorized by section 516 (7 U.S.C. 1516),

21 $202,571,000.

22 CORPORATIONS

23 The following corporations and agencies are hereby

24 authorized to make expenditures, within the limits of

25 funds and borrowing authority available to each such cor-
29

•S 1033 PCS

1 poration or agency and in accord with law, and to make

2 contracts and commitments without regard to fiscal year

3 limitations as provided by section 104 of the Government

4 Corporation Control Act, as amended, as may be necessary

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

6 the current fiscal year for such corporation or agency, ex7 cept as hereinafter provided.

8 FEDERAL CROP INSURANCE CORPORATION FUND

9 For payments, as authorized subsections (a)(2),

10 (b)(2), and (c) of section 516 of the Federal Crop Insur11 ance Act, as amended, such sums as may be necessary

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

13 COMMODITY CREDIT CORPORATION FUND

14 REIMBURSEMENT FOR NET REALIZED LOSSES

15 For fiscal year 1998, such sums as may be necessary

16 to reimburse the Commodity Credit Corporation for net

17 realized losses sustained, but not previously reimbursed

18 (estimated to be $783,507,000 in the President’s fiscal

19 year 1998 Budget Request (H. Doc. 105–3)), but not to

20 exceed $783,507,000, pursuant to section 2 of the Act of

21 August 17, 1961, as amended (15 U.S.C. 713a–11).

22 OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE

23 MANAGEMENT

24 For fiscal year 1998, the Commodity Credit Corpora25 tion shall not expend more than $5,000,000 for expenses

26 to comply with the requirement of section 107(g) of the
30

•S 1033 PCS

1 Comprehensive Environmental Response, Compensation,

2 and Liability Act, as amended, 42 U.S.C. 9607(g), and

3 section 6001 of the Resource Conservation and Recovery

4 Act, as amended, 42 U.S.C. 6961: Provided, That ex5 penses shall be for operations and maintenance costs only

6 and that other hazardous waste management costs shall

7 be paid for by the USDA Hazardous Waste Management

8 appropriation in this Act.

9 TITLE II

10 CONSERVATION PROGRAMS

11 OFFICE OF THE UNDER SECRETARY FOR NATURAL

12 RESOURCES AND ENVIRONMENT

13 For necessary salaries and expenses of the Office of

14 the Under Secretary for Natural Resources and Environ15 ment to administer the laws enacted by the Congress for

16 the Forest Service and the Natural Resources Conserva17 tion Service, $693,000.

18 NATURAL RESOURCES CONSERVATION SERVICE

19 CONSERVATION OPERATIONS

20 For necessary expenses for carrying out the provi21 sions of the Act of April 27, 1935 (16 U.S.C. 590a–590f)

22 including preparation of conservation plans and establish23 ment of measures to conserve soil and water (including

24 farm irrigation and land drainage and such special meas25 ures for soil and water management as may be necessary
31

•S 1033 PCS

1 to prevent floods and the siltation of reservoirs and to con2 trol agricultural related pollutants); administration of re3 search, investigation, and surveys of watersheds of rivers

4 and other waterways, for small watershed investigations

5 and planning, and for technical assistance to carry out

6 preventive measures, in accordance with the Watershed

7 Protection and Flood Prevention Act (16 U.S.C.1001–

8 1009), and the Flood Control Act (33 U.S.C. 701); oper9 ation of conservation plant materials centers; classification

10 and mapping of soil; dissemination of information; acquisi11 tion of lands, water, and interests therein, for use in the

12 plant materials program by donation, exchange, or pur13 chase at a nominal cost not to exceed $100 pursuant to

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

15 erection or alteration or improvement of permanent and

16 temporary buildings; and operation and maintenance of

17 aircraft, $729,880,000, to remain available until expended

18 (7 U.S.C. 2209b), of which not less than $5,835,000 is

19 for snow survey and water forecasting and not less than

20 $8,825,000 is for operation and establishment of the plant

21 materials centers: Provided, That appropriations here22 under shall be available pursuant to 7 U.S.C. 2250 for

23 construction and improvement of buildings and public im24 provements at plant materials centers, except that the cost

25 of alterations and improvements to other buildings and
32

•S 1033 PCS

1 other public improvements shall not exceed $250,000: Pro2 vided further, That when buildings or other structures are

3 erected on non-Federal land, that the right to use such

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

5 further, That this appropriation shall be available for tech6 nical assistance and related expenses to carry out pro7 grams authorized by section 202(c) of title II of the Colo8 rado River Basin Salinity Control Act of 1974, as amend9 ed (43 U.S.C. 1592(c)): Provided further, That no part

10 of this appropriation may be expended for soil and water

11 conservation operations under the Act of April 27, 1935

12 (16 U.S.C. 590a–590f) in demonstration projects: Pro13 vided further, That this appropriation shall be available

14 for employment pursuant to the second sentence of section

15 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) and

16 not to exceed $25,000 shall be available for employment

17 under 5 U.S.C. 3109: Provided further, That qualified

18 local engineers may be temporarily employed at per diem

19 rates to perform the technical planning work of the Service

20 (16 U.S.C. 590e–2): Provided further, That not less than

21 $80,138,000 shall be available to provide technical assist22 ance for water resources assistance (Public Law–534 and

23 Public Law–566).
33

•S 1033 PCS

1 WATERSHED AND FLOOD PREVENTION OPERATIONS

2 For necessary expenses to carry out preventive meas3 ures, including but not limited to research, engineering op4 erations, methods of cultivation, the growing of vegetation,

5 rehabilitation of existing works and changes in use of land,

6 in accordance with the Watershed Protection and Flood

7 Prevention Act approved August 4, 1954, as amended (16

8 U.S.C. 1001–1005, 1007–1009), the provisions of the Act

9 of April 27, 1935 (16 U.S.C. 590a–f), and in accordance

10 with the provisions of laws relating to the activities of the

11 Department, $40,000,000, to remain available until ex12 pended (7 U.S.C. 2209b) (of which up to $15,000,000

13 may be available for the watersheds authorized under the

14 Flood Control Act approved June 22, 1936 (33 U.S.C.

15 701, 16 U.S.C. 1006a), as amended and supplemented:

16 Provided, That not to exceed $1,000,000 of this appro17 priation is available to carry out the purposes of the En18 dangered Species Act of 1973 (Public Law 93–205), as

19 amended, including cooperative efforts as contemplated by

20 that Act to relocate endangered or threatened species to

21 other suitable habitats as may be necessary to expedite

22 project construction.

23 RESOURCE CONSERVATION AND DEVELOPMENT

24 For necessary expenses in planning and carrying out

25 projects for resource conservation and development and
34

•S 1033 PCS

1 for sound land use pursuant to the provisions of section

2 32(e) of title III of the Bankhead-Jones Farm Tenant

3 Act, as amended (7 U.S.C. 1010–1011; 76 Stat. 607) and,

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

5 590a–f), and the provisions of the Agriculture and Food

6 Act of 1981 (16 U.S.C. 3451–3461), $47,700,000, to re7 main available until expended (7 U.S.C. 2209): Provided,

8 That this appropriation shall be available for employment

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

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

11 $50,000 shall be available for employment under 5 U.S.C.

12 3109.

13 FORESTRY INCENTIVES PROGRAM

14 For necessary expenses, not otherwise provided for,

15 to carry out the program of forestry incentives, as author16 ized in the Cooperative Assistance Act of 1978 (16 U.S.C.

17 2101), as amended by the Federal Agriculture Improve18 ment and Reform Act of 1996 (Public Law 104–127), in19 cluding technical assistance and related expenses,

20 $6,325,000, to remain available until expended, as author21 ized by the Act.

22 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

23 For grants and contracts pursuant to section 2501

24 of the Food, Agriculture, Conservation, and Trade Act of
35

•S 1033 PCS

1 1990 (7 U.S.C. 2279), $3,000,000, to remain available

2 until expended.

3 TITLE III

4 RURAL ECONOMIC AND COMMUNITY

5 DEVELOPMENT PROGRAMS

6 OFFICE OF THE UNDER SECRETARY FOR RURAL

7 DEVELOPMENT

8 For necessary salaries and expenses of the Office of

9 the Under Secretary for Rural Development to administer

10 programs under the laws enacted by the Congress for the

11 Rural Housing Service, Rural Business-Cooperative Serv12 ice, and the Rural Utilities Service of the Department of

13 Agriculture, $588,000.

14 RURAL COMMUNITY ADVANCEMENT PROGRAM

15 (INCLUDING TRANSFERS OF FUNDS)

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

17 grants, as authorized by 7 U.S.C. 1926, 1926a, 1926c,

18 and 1932, except for section 381G of the Consolidated

19 Farm and Rural Development Act, as amended (7 U.S.C.

20 2009f), $644,259,000, to remain available until expended,

21 of which $27,562,000 shall be for rural community pro22 grams described in section 381E(d)(1) of the Consolidated

23 Farm and Rural Development Act, as amended; of which

24 $568,304,000 shall be for the rural utilities programs de25 scribed in section 381E(d)(2) of such Act; and of which

26 $48,393,000 shall be for the rural business and coopera-
36

•S 1033 PCS

1 tive development programs described in section

2 381E(d)(3) of such Act: Provided, That section

3 381E(d)(3)(B) of such Act is amended by inserting after

4 the phrase, ‘‘business and industry’’, the words, ‘‘direct

5 and’’: Provided further, That of the amount appropriated

6 for rural utilities programs, not to exceed $24,500,000

7 shall be for water and waste disposal systems to benefit

8 the Colonias along the United States/Mexico border, in9 cluding grants pursuant to section 306C of such Act; not

10 to exceed $15,000,000 shall be for water systems for rural

11 and native villages in Alaska pursuant to section 306D

12 of such Act; not to exceed $15,000,000 shall be for tech13 nical assistance grants for rural waste systems pursuant

14 to section 306(a)(14) of such Act; and not to exceed

15 $5,650,000 shall be for contracting with qualified national

16 organizations for a circuit rider program to provide tech17 nical assistance for rural water systems: Provided further,

18 That of the total amounts appropriated, not to exceed

19 $32,163,600 shall be available through June 30, 1998, for

20 empowerment zones and enterprise communities, as au21 thorized by Public Law 103–66, of which $1,614,600 shall

22 be for rural community programs described in section

23 381E(d)(1) of such Act; of which $21,952,000 shall be

24 for the rural utilities programs described in section

25 381E(d)(2) of such Act; of which $8,597,000 shall be for
37

•S 1033 PCS

1 the rural business and cooperative development programs

2 described in section 381E(d)(3) of such Act: Provided fur3 ther, That any obligated and unobligated balances avail4 able for prior years for the ‘‘Rural Water and Waste Dis5 posal Grants,’’ ‘‘Rural Water and Waste Disposal Loans

6 Program Account,’’ ‘‘Emergency Community Water As7 sistance Grants,’’ ‘‘Solid Waste Management Grants,’’ the

8 community facility grant program in the ‘‘Rural Housing

9 Assistance Program’’ Account, ‘‘Community Facility

10 Loans Program Account,’’ ‘‘Rural Business Enterprise

11 Grants,’’ ‘‘Rural Business and Industry Loans Program

12 Account,’’ and ‘‘Local Technical Assistance and Planning

13 Grants’’ shall be transferred to and merged with this ac14 count.

15 RURAL HOUSING SERVICE

16 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For gross obligations for the principal amount of di19 rect and guaranteed loans as authorized by title V of the

20 Housing Act of 1949, as amended, to be available from

21 funds in the rural housing insurance fund, as follows:

22 $3,300,000,000 for loans to section 502 borrowers, as de23 termined by the Secretary, of which $2,300,000,000 shall

24 be for unsubsidized guaranteed loans; $30,000,000 for

25 section 504 housing repair loans; $19,700,000 for section

26 538 guaranteed multi-family housing loans; $15,001,000
38

•S 1033 PCS

1 for section 514 farm labor housing; $128,640,000 for sec2 tion 515 rental housing; $600,000 for section 524 site

3 loans; $25,004,000 for credit sales of acquired property;

4 and $587,000 for section 523 self-help housing land devel5 opment loans.

6 For the cost of direct and guaranteed loans, including

7 the cost of modifying loans, as defined in section 502 of

8 the Congressional Budget Act of 1974, as follows: section

9 502 loans, $133,390,000, of which $5,290,000 shall be for

10 unsubsidized guaranteed loans; section 504 housing repair

11 loans, $10,308,000; section 538 multi-family housing

12 guaranteed loans, $1,200,000; section 514 farm labor

13 housing, $7,388,000; section 515 rental housing,

14 $68,745,000; credit sales of acquired property,

15 $3,493,000; and section 523 self-help housing land devel16 opment loans, $20,000.

17 In addition, for administrative expenses necessary to

18 carry out the direct and guaranteed loan programs,

19 $354,785,000, which shall be transferred to and merged

20 with the appropriation for ‘‘Rural Housing Service, Sala21 ries and Expenses’’.

22 RENTAL ASSISTANCE PROGRAM

23 For rental assistance agreements entered into or re24 newed pursuant to the authority under section 521(a)(2)

25 or agreements entered into in lieu of debt forgiveness or
39

•S 1033 PCS

1 payments for eligible households as authorized by section

2 502(c)(5)(D) of the Housing Act of 1949, as amended,

3 $541,397,000; and in addition such sums as may be nec4 essary, as authorized by section 521 of the Act, to liq5 uidate debt incurred prior to fiscal year 1992 to carry out

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

7 the Act: Provided, That of this amount not more than

8 $5,900,000 shall be available for debt forgiveness or pay9 ments for eligible households as authorized by section

10 502(c)(5)(D) of the Act, and not to exceed $10,000 per

11 project for advances to nonprofit organizations or public

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

13 incurred in purchasing projects pursuant to section

14 502(c)(5)(C) of the Act: Provided further, That agree15 ments entered into or renewed during fiscal year 1998

16 shall be funded for a five-year period, although the life

17 of any such agreement may be extended to fully utilize

18 amounts obligated.

19 MUTUAL AND SELF-HELP HOUSING GRANTS

20 For grants and contracts pursuant to section

21 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.

22 1490c), $26,000,000, to remain available until expended

23 (7 U.S.C. 2209b).

24 RURAL COMMUNITY FIRE PROTECTION GRANTS

25 For grants pursuant to section 7 of the Cooperative

26 Forestry Assistance Act of 1978 (Public Law 95–313),
40

•S 1033 PCS

1 $1,285,000 to fund up to 50 percent of the cost of orga2 nizing, training, and equipping rural volunteer fire depart3 ments.

4 RURAL HOUSING ASSISTANCE GRANTS

5 (INCLUDING TRANSFER OF FUNDS)

6 For grants and contracts for housing for domestic

7 farm labor, very low-income housing repair, supervisory

8 and technical assistance, compensation for construction

9 defects, and rural housing preservation made by the Rural

10 Housing Service as authorized by 42 U.S.C. 1474,

11 1479(c), 1486, 1490c, 1490e, and 1490m, $45,720,000,

12 to remain available until expended: Provided, That any ob13 ligated and unobligated balances available from prior

14 years in ‘‘Rural Housing for Domestic Farm Labor,’’ ‘‘Su15 pervisory and Technical Assistance Grants,’’ ‘‘Very Low16 Income Housing Repair Grants,’’ ‘‘Compensation for Con17 struction Defects,’’ and ‘‘Rural Housing Preservation

18 Grants’’ shall be transferred to and merged with this ac19 count: Provided further, That of the total amount appro20 priated, $1,200,000 shall be for empowerment zones and

21 enterprise communities, as authorized by Public Law 103–

22 66: Provided further, That if such funds are not obligated

23 for empowerment zones and enterprise communities by

24 June 30, 1998, they shall remain available for other au25 thorized purposes under this head.
41

•S 1033 PCS

1 SALARIES AND EXPENSES

2 For necessary expenses of the Rural Housing Service,

3 including administering the programs authorized by the

4 Consolidated Farm and Rural Development Act, as

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

6 and cooperative agreements, $58,804,000: Provided, That

7 this appropriation shall be available for employment pur8 suant to the second sentence of 706(a) of the Organic Act

9 of 1944, and not to exceed $520,000 may be used for em10 ployment under 5 U.S.C. 3109.

11 RURAL BUSINESS-COOPERATIVE SERVICE

12 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For the cost of direct loans, $19,200,000, as author15 ized by the Rural Development Loan Fund (42 U.S.C.

16 9812(a)): Provided, That such costs, including the cost of

17 modifying such loans, shall be as defined in section 502

18 of the Congressional Budget Act of 1974: Provided fur19 ther, That these funds are available to subsidize gross obli20 gations for the principal amount of direct loans of

21 $40,000,000: Provided further, That through June 30,

22 1998, of the total amount appropriated $3,618,750 shall

23 be available for the cost of direct loans, for empowerment

24 zones and enterprise communities, as authorized by title

25 XIII of the Omnibus Budget Reconciliation Act of 1993,
42

•S 1033 PCS

1 to subsidize gross obligations for the principal amount of

2 direct loans, $7,500,000.

3 In addition, for administrative expenses to carry out

4 the direct loan programs, $3,482,000 shall be transferred

5 to and merged with the appropriation for ‘‘Salaries and

6 Expenses’’.

7 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

8 ACCOUNT

9 (INCLUDING TRANSFERS OF FUNDS)

10 For the principal amount of direct loans, as author11 ized under section 313 of the Rural Electrification Act,

12 as amended, for the purpose of promoting rural economic

13 development and job creation projects, $12,865,000.

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

15 modifying loans as defined in section 502 of the Congres16 sional Budget Act of 1974, $3,076,000.

17 ALTERNATIVE AGRICULTURAL RESEARCH AND

18 COMMERCIALIZATION REVOLVING FUND

19 For necessary expenses to carry out the Alternative

20 Agricultural Research and Commercialization Act of 1990

21 (7 U.S.C. 5901–5908), $10,000,000 is appropriated to the

22 alternative agricultural research and commercialization

23 corporation revolving fund.
43

•S 1033 PCS

1 RURAL COOPERATIVE DEVELOPMENT GRANTS

2 For rural cooperative development grants authorized

3 under section 310B(e) of the Consolidated Farm and

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

5 $3,000,000, of which up to $1,500,000 may be available

6 for cooperative agreements for appropriate technology

7 transfer for rural areas program.

8 SALARIES AND EXPENSES

9 For necessary expenses of the Rural Business-Coop10 erative Service, including administering the programs au11 thorized by the Consolidated Farm and Rural Develop12 ment Act, as amended; section 1323 of the Food Security

13 Act of 1985; the Cooperative Marketing Act of 1926; for

14 activities relating to the marketing aspects of cooperatives,

15 including economic research findings, as authorized by the

16 Agricultural Marketing Act of 1946; for activities with in17 stitutions concerning the development and operation of ag18 ricultural cooperatives; and cooperative agreements;

19 $25,680,000: Provided, That this appropriation shall be

20 available for employment pursuant to the second sentence

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

22 $260,000 may be used for employment under 5 U.S.C.

23 3109.
44

•S 1033 PCS

1 RURAL UTILITIES SERVICE

2 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

3 LOANS PROGRAM ACCOUNT

4 (INCLUDING TRANSFERS OF FUNDS)

5 Insured loans pursuant to the authority of section

6 305 of the Rural Electrification Act of 1936, as amended

7 (7 U.S.C. 935), shall be made as follows: 5 percent rural

8 electrification loans, $125,000,000; 5 percent rural tele9 communications loans, $52,756,000; cost of money rural

10 telecommunications loans, $300,000,000; municipal rate

11 rural electric loans, $500,000,000; and loans made pursu12 ant to section 306 of that Act, rural electric,

13 $300,000,000, and rural telecommunications,

14 $120,000,000, to remain available until expended.

15 For the cost, as defined in section 502 of the Con16 gressional Budget Act of 1974, including the cost of modi17 fying loans, of direct and guaranteed loans authorized by

18 the Rural Electrification Act of 1936, as amended (7

19 U.S.C. 935 and 936), as follows: cost of direct loans,

20 $11,393,000; cost of municipal rate loans, $21,100,000;

21 cost of money rural telecommunications loans, $60,000;

22 cost of loans guaranteed pursuant to section 306,

23 $2,760,000: Provided, That notwithstanding section

24 305(d)(2) of the Rural Electrification Act of 1936, bor25 rower interest rates may exceed 7 percent per year.
45

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1 In addition, for administrative expenses necessary to

2 carry out the direct and guaranteed loan programs,

3 $29,982,000, which shall be transferred to and merged

4 with the appropriation for ‘‘Salaries and Expenses.’’.

5 RURAL TELEPHONE BANK PROGRAM ACCOUNT

6 The Rural Telephone Bank is hereby authorized to

7 make such expenditures, within the limits of funds avail8 able to such corporation in accord with law, and to make

9 such contracts and commitments without regard to fiscal

10 year limitations as provided by section 104 of the Govern11 ment Corporation Control Act, as amended, as may be

12 necessary in carrying out its authorized programs for the

13 current fiscal year. During fiscal year 1998 and within

14 the resources and authority available, gross obligations for

15 the principal amount of direct loans shall be

16 $175,000,000.

17 For the cost, as defined in section 502 of the Con18 gressional Budget Act of 1974, including the cost of modi19 fying loans, of direct loans authorized by the Rural Elec20 trification Act of 1936, as amended (7 U.S.C. 935),

21 $3,710,000.

22 In addition, for administrative expenses necessary to

23 carry out the loan programs, $3,000,000.
46

•S 1033 PCS

1 DISTANCE LEARNING AND MEDICAL LINK PROGRAM

2 For the cost of direct loans and grants, as authorized

3 by 7 U.S.C. 950aaa et seq., as amended, $12,030,000, to

4 remain available until expended, to be available for loans

5 and grants for telemedicine and distance learning services

6 in rural areas: Provided, That the costs of direct loans

7 shall be as defined in section 502 of the Congressional

8 Budget Act of 1974.

9 SALARIES AND EXPENSES

10 For necessary expenses of the Rural Utilities Service,

11 including administering the programs authorized by the

12 Rural Electrification Act of 1936, as amended, and the

13 Consolidated Farm and Rural Development Act, as

14 amended, and cooperative agreements, $33,000,000: Pro15 vided, That this appropriation shall be available for em16 ployment pursuant to the second sentence of 706(a) of the

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

18 be used for employment under 5 U.S.C. 3109.

19 TITLE IV

20 DOMESTIC FOOD PROGRAMS

21 OFFICE OF THE UNDER SECRETARY FOR FOOD,

22 NUTRITION AND CONSUMER SERVICES

23 For necessary salaries and expenses of the Office of

24 the Under Secretary for Food, Nutrition and Consumer

25 Services to administer the laws enacted by the Congress

26 for the Food and Consumer Service, $454,000.
47

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1 CHILD NUTRITION PROGRAMS

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses to carry out the National

4 School Lunch Act (42 U.S.C. 1751 et seq.), except section

5 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1772

6 et seq.), except sections 17 and 21; $7,769,066,000, to

7 remain available through September 30, 1999, of which

8 $2,617,675,000 is hereby appropriated and

9 $5,151,391,000 shall be derived by transfer from funds

10 available under section 32 of the Act of August 24, 1935

11 (7 U.S.C. 612c): Provided, That $4,124,000 shall be avail12 able for independent verification of school food service

13 claims.

14 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

15 WOMEN, INFANTS, AND CHILDREN (WIC)

16 For necessary expenses to carry out the special sup17 plemental nutrition program as authorized by section 17

18 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),

19 $3,927,600,000, to remain available through September

20 30, 1999, of which up to $12,000,000 may be used to

21 carry out the farmers’ market nutrition program from any

22 funds not needed to maintain current caseload levels: Pro23 vided, That notwithstanding sections 17 (g), (h), and (i)

24 of such Act, the Secretary shall adjust fiscal year 1998

25 State allocations to reflect food funds available to the
48

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1 State from fiscal year 1997 under section 17(i)(3)(A)(ii)

2 and 17(i)(3)(D): Provided further, That the Secretary

3 shall allocate funds recovered from fiscal year 1997 first

4 to States to maintain stability funding levels, as defined

5 by regulations promulgated under section 17(g), and then

6 to give first priority for the allocation of any remaining

7 funds to States whose funding is less than their fair share

8 of funds, as defined by regulations promulgated under sec9 tion 17(g): Provided further, That none of the funds in

10 this Act shall be available to pay administrative expenses

11 of WIC clinics except those that have an announced policy

12 of prohibiting smoking within the space used to carry out

13 the program: Provided further, That none of the funds pro14 vided in this account shall be available for the purchase

15 of infant formula except in accordance with the cost con16 tainment and competitive bidding requirements specified

17 in section 17 of the Child Nutrition Act of 1966: Provided

18 further, That State agencies required to procure infant

19 formula using a competitive bidding system may use funds

20 appropriated by this Act to purchase infant formula under

21 a cost containment contract entered into after September

22 30, 1996 only if the contract was awarded to the bidder

23 offering the lowest net price, as defined by section

24 17(b)(20) of the Child Nutrition Act of 1966, unless the

25 State agency demonstrates to the satisfaction of the Sec-
49

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1 retary that the weighted average retail price for different

2 brands of infant formula in the State does not vary by

3 more than five percent.

4 FOOD STAMP PROGRAM

5 For necessary expenses to carry out the Food Stamp

6 Act (7 U.S.C. 2011 et seq.), $26,051,479,000, of which

7 $1,000,000,000 shall be placed in reserve for use only in

8 such amounts and at such times as may become necessary

9 to carry out program operations: Provided, That funds

10 provided herein shall be expended in accordance with sec11 tion 16 of the Food Stamp Act: Provided, That this appro12 priation shall be subject to any work registration or

13 workfare requirements as may be required by law.

14 COMMODITY ASSISTANCE PROGRAM

15 For necessary expenses to carry out the commodity

16 supplemental food program as authorized by section 4(a)

17 of the Agriculture and Consumer Protection Act of 1973

18 (7 U.S.C. 612c (note)), and the Emergency Food Assist19 ance Act of 1983, as amended, $148,600,000, to remain

20 available through September 30, 1999: Provided, That

21 none of these funds shall be available to reimburse the

22 Commodity Credit Corporation for commodities donated

23 to the program.
50

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1 FOOD DONATIONS PROGRAMS FOR SELECTED GROUPS

2 For necessary expenses to carry out section 4(a) of

3 the Agriculture and Consumer Protection Act of 1973 (7

4 U.S.C. 612c (note)), and section 311 of the Older Ameri5 cans Act of 1965, as amended (42 U.S.C. 3030a),

6 $141,165,000, to remain available through September 30,

7 1999.

8 FOOD PROGRAM ADMINISTRATION

9 For necessary administrative expenses of the domes10 tic food programs funded under this Act, $107,719,000,

11 of which $5,000,000 shall be available only for simplifying

12 procedures, reducing overhead costs, tightening regula13 tions, improving food stamp coupon handling, and assist14 ance in the prevention, identification, and prosecution of

15 fraud and other violations of law: Provided, That this ap16 propriation shall be available for employment pursuant to

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

18 of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall

19 be available for employment under 5 U.S.C. 3109.
51

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1 TITLE V

2 FOREIGN ASSISTANCE AND RELATED

3 PROGRAMS

4 FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES

5 MANAGER

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses of the Foreign Agricultural

8 Service, including carrying out title VI of the Agricultural

9 Act of 1954, as amended (7 U.S.C. 1761–1768), market

10 development activities abroad, and for enabling the Sec11 retary to coordinate and integrate activities of the Depart12 ment in connection with foreign agricultural work, includ13 ing not to exceed $128,000 for representation allowances

14 and for expenses pursuant to section 8 of the Act approved

15 August 3, 1956 (7 U.S.C. 1766), $136,664,000, of which

16 $3,231,000 may be transferred from the Export Loan

17 Program account in this Act, and $1,066,000 may be

18 transferred from the Public Law 480 program account in

19 this Act: Provided, That up to $3,000,000 shall be avail20 able in fiscal year 1999 for overseas inflation, subject to

21 documentation by USDA of actual overseas inflation and

22 deflation: Provided further, That the Service may utilize

23 advances of funds, or reimburse this appropriation for ex24 penditures made on behalf of Federal agencies, public and

25 private organizations and institutions under agreements
52

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1 executed pursuant to the agricultural food production as2 sistance programs (7 U.S.C. 1736) and the foreign assist3 ance programs of the International Development Coopera4 tion Administration (22 U.S.C. 2392).

5 None of the funds in the foregoing paragraph shall

6 be available to promote the sale or export of tobacco or

7 tobacco products.

8 PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

9 (INCLUDING TRANSFERS OF FUNDS)

10 For expenses during the current fiscal year, not oth11 erwise recoverable, and unrecovered prior years’ costs, in12 cluding interest thereon, under the Agricultural Trade De13 velopment and Assistance Act of 1954, as amended (7

14 U.S.C. 1691, 1701–1715, 1721–1726, 1727–1727f,

15 1731–1736g), as follows: (1) $226,900,000 for Public

16 Law 480 title I credit, including Food for Progress pro17 grams; (2) $20,630,000 is hereby appropriated for ocean

18 freight differential costs for the shipment of agricultural

19 commodities pursuant to title I of said Act and the Food

20 for Progress Act of 1985, as amended; (3) $837,000,000

21 is hereby appropriated for commodities supplied in connec22 tion with dispositions abroad pursuant to title II of said

23 Act; and (4) $30,000,000 is hereby appropriated for com24 modities supplied in connection with dispositions abroad

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

26 exceed 15 percent of the funds made available to carry
53

•S 1033 PCS

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

2 other title of said Act: Provided further, That such sums

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

4 For the cost, as defined in section 502 of the Con5 gressional Budget Act of 1974, of direct credit agreements

6 as authorized by the Agricultural Trade Development and

7 Assistance Act of 1954, as amended, and the Food for

8 Progress Act of 1985, as amended, including the cost of

9 modifying credit agreements under said Act,

10 $176,596,000.

11 In addition, for administrative expenses to carry out

12 the Public Law 480 title I credit program, and the Food

13 for Progress Act of 1985, as amended, to the extent funds

14 appropriated for Public Law 480 are utilized, $1,881,000.

15 COMMODITY CREDIT CORPORATION EXPORT LOANS

16 PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For administrative expenses to carry out the Com19 modity Credit Corporation’s export guarantee program,

20 GSM 102 and GSM 103, $3,820,000; to cover common

21 overhead expenses as permitted by section 11 of the Com22 modity Credit Corporation Charter Act and in conformity

23 with the Federal Credit Reform Act of 1990, of which not

24 to exceed $3,231,000 may be transferred to and merged

25 with the appropriation for the salaries and expenses of the
54

•S 1033 PCS

1 Foreign Agricultural Service, and of which not to exceed

2 $589,000 may be transferred to and merged with the ap3 propriation for the salaries and expenses of the Farm

4 Service Agency.

5 EXPORT CREDIT

6 The Commodity Credit Corporation shall make avail7 able not less than $5,500,000,000 in credit guarantees

8 under its export credit guarantee program extended to fi9 nance the export sales of United States agricultural com10 modities and the products thereof, as authorized by sec11 tion 202 (a) and (b) of the Agricultural Trade Act of 1978

12 (7 U.S.C. 5641).

13 EMERGING MARKETS EXPORT CREDIT

14 The Commodity Credit Corporation shall make avail15 able not less than $200,000,000 in credit guarantees

16 under its export guarantee program for credit expended

17 to finance the export sales of United States agricultural

18 commodities and the products thereof to emerging mar19 kets, as authorized by section 1542 of Public Law 101–

20 624 (7 U.S.C. 5622 note).
55

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1 TITLE VI

2 RELATED AGENCIES AND FOOD AND DRUG

3 ADMINISTRATION

4 DEPARTMENT OF HEALTH AND HUMAN

5 SERVICES

6 FOOD AND DRUG ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Food and Drug Ad9 ministration, including hire and purchase of passenger

10 motor vehicles; for rental of special purpose space in the

11 District of Columbia or elsewhere; and for miscellaneous

12 and emergency expenses of enforcement activities, author13 ized and approved by the Secretary and to be accounted

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

15 $25,000; $935,175,000, of which not to exceed

16 $91,204,000 in fees pursuant to section 736 of the Fed17 eral Food, Drug, and Cosmetic Act may be credited to

18 this appropriation and remain available until expended:

19 Provided, That fees derived from applications received

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

21 1997 limitation: Provided further, That none of these

22 funds shall be used to develop, establish, or operate any

23 program of user fees authorized by 31 U.S.C. 9701.
56

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1 In addition, fees pursuant to section 354 of the Pub2 lic Health Service Act may be credited to this account,

3 to remain available until expended.

4 In addition, fees pursuant to section 801 of the Fed5 eral Food, Drug, and Cosmetic Act may be credited to

6 this account, to remain available until expended.

7 BUILDINGS AND FACILITIES

8 For plans, construction, repair, improvement, exten9 sion, alteration, and purchase of fixed equipment or facili10 ties of or used by the Food and Drug Administration,

11 where not otherwise provided, $22,900,000, to remain

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

13 RENTAL PAYMENTS (FDA)

14 (INCLUDING TRANSFERS OF FUNDS)

15 For payment of space rental and related costs pursu16 ant to Public Law 92-313 for programs and activities of

17 the Food and Drug Administration which are included in

18 this Act, $46,294,000: Provided, That in the event the

19 Food and Drug Administration should require modifica20 tion of space needs, a share of the salaries and expenses

21 appropriation may be transferred to this appropriation, or

22 a share of this appropriation may be transferred to the

23 salaries and expenses appropriation, but such transfers

24 shall not exceed 5 percent of the funds made available for

25 rental payments (FDA) to or from this account.
57

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1 DEPARTMENT OF THE TREASURY

2 FINANCIAL MANAGEMENT SERVICE

3 PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL

4 ASSISTANCE CORPORATION

5 For necessary payments to the Farm Credit System

6 Financial Assistance Corporation by the Secretary of the

7 Treasury, as authorized by section 6.28(c) of the Farm

8 Credit Act of 1971, as amended, for reimbursement of in9 terest expenses incurred by the Financial Assistance Cor10 poration on obligations issued through 1994, as author11 ized, $7,728,000.

12 INDEPENDENT AGENCIES

13 COMMODITY FUTURES TRADING COMMISSION

14 For necessary expenses to carry out the provisions

15 of the Commodity Exchange Act, as amended (7 U.S.C.

16 1 et seq.), including the purchase and hire of passenger

17 motor vehicles; the rental of space (to include multiple

18 year leases) in the District of Columbia and elsewhere; and

19 not to exceed $25,000 for employment under 5 U.S.C.

20 3109; $60,101,000 including not to exceed $1,000 for offi21 cial reception and representation expenses: Provided, That

22 the Commission is authorized to charge reasonable fees

23 to attendees of Commission sponsored educational events

24 and symposia to cover the Commission’s costs of providing

25 those events and symposia, and notwithstanding 31 U.S.C.
58

•S 1033 PCS

1 3302, said fees shall be credited to this account, to be

2 available without further appropriation.

3 FARM CREDIT ADMINISTRATION

4 LIMITATION ON ADMINISTRATIVE EXPENSES

5 Not to exceed $34,423,000 (from assessments col6 lected from farm credit institutions and from the Federal

7 Agricultural Mortgage Corporation) shall be obligated

8 during the current fiscal year for administrative expenses

9 as authorized under 12 U.S.C. 2249: Provided, That this

10 limitation shall not apply to expenses associated with re11 ceiverships.

12 TITLE VII—GENERAL PROVISIONS

13 SEC. 701. Within the unit limit of cost fixed by law,

14 appropriations and authorizations made for the Depart15 ment of Agriculture for the fiscal year 1998 under this

16 Act shall be available for the purchase, in addition to those

17 specifically provided for, of not to exceed 394 passenger

18 motor vehicles, of which 391 shall be for replacement only,

19 and for the hire of such vehicles.

20 SEC. 702. Funds in this Act available to the Depart21 ment of Agriculture shall be available for uniforms or al22 lowances therefor as authorized by law (5 U.S.C. 5901–

23 5902).

24 SEC. 703. Not less than $1,500,000 of the appropria25 tions of the Department of Agriculture in this Act for re-
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1 search and service work authorized by the Acts of August

2 14, 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629),

3 and by chapter 63 of title 31, United States Code, shall

4 be available for contracting in accordance with said Acts

5 and chapter.

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

7 Working Capital Fund for the purpose of accumulating

8 growth capital for data services and National Finance

9 Center operations shall not exceed $2,000,000: Provided,

10 That no funds in this Act appropriated to an agency of

11 the Department shall be transferred to the Working Cap12 ital Fund without the approval of the agency adminis13 trator.

14 SEC. 705. New obligational authority provided for the

15 following appropriation items in this Act shall remain

16 available until expended (7 U.S.C. 2209b): Animal and

17 Plant Health Inspection Service, the contingency fund to

18 meet emergency conditions, fruit fly program, and inte19 grated systems acquisition project; Farm Service Agency,

20 salaries and expenses funds made available to county com21 mittees; and Foreign Agricultural Service, middle-income

22 country training program.

23 New obligational authority for the boll weevil pro24 gram; up to 10 percent of the screwworm program of the

25 Animal and Plant Health Inspection Service; funds appro-
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1 priated for rental payments; funds for the Native Amer2 ican institutions endowment fund in the Cooperative State

3 Research, Education, and Extension Service, and funds

4 for the competitive research grants (7 U.S.C. 450i(b)),

5 shall remain available until expended.

6 SEC. 706. No part of any appropriation contained in

7 this Act shall remain available for obligation beyond the

8 current fiscal year unless expressly so provided herein.

9 SEC. 707. Not to exceed $50,000 of the appropria10 tions available to the Department of Agriculture in this

11 Act shall be available to provide appropriate orientation

12 and language training pursuant to Public Law 94–449.

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

14 used to pay negotiated indirect cost rates on cooperative

15 agreements or similar arrangements between the United

16 States Department of Agriculture and nonprofit institu17 tions in excess of 10 percent of the total direct cost of

18 the agreement when the purpose of such cooperative ar19 rangements is to carry out programs of mutual interest

20 between the two parties. This does not preclude appro21 priate payment of indirect costs on grants and contracts

22 with such institutions when such indirect costs are com23 puted on a similar basis for all agencies for which appro24 priations are provided in this Act.
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1 SEC. 709. Notwithstanding any other provision of

2 this Act, commodities acquired by the Department in con3 nection with Commodity Credit Corporation and section

4 32 price support operations may be used, as authorized

5 by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide

6 commodities to individuals in cases of hardship as deter7 mined by the Secretary of Agriculture.

8 SEC. 710. None of the funds in this Act shall be avail9 able to reimburse the General Services Administration for

10 payment of space rental and related costs in excess of the

11 amounts specified in this Act; nor shall this or any other

12 provision of law require a reduction in the level of rental

13 space or services below that of fiscal year 1997 or prohibit

14 an expansion of rental space or services with the use of

15 funds otherwise appropriated in this Act. Further, no

16 agency of the Department of Agriculture, from funds oth17 erwise available, shall reimburse the General Services Ad18 ministration for payment of space rental and related costs

19 provided to such agency at a percentage rate which is

20 greater than is available in the case of funds appropriated

21 in this Act.

22 SEC. 711. None of the funds in this Act shall be avail23 able to restrict the authority of the Commodity Credit

24 Corporation to lease space for its own use or to lease space
62

•S 1033 PCS

1 on behalf of other agencies of the Department of Agri2 culture when such space will be jointly occupied.

3 SEC. 712. With the exception of grants awarded

4 under the Small Business Innovation Development Act of

5 1982, Public Law 97–219, as amended (15 U.S.C. 638),

6 none of the funds in this Act shall be available to pay

7 indirect costs on research grants awarded competitively by

8 the Cooperative State Research, Education, and Extension

9 Service that exceed 14 percent of total Federal funds pro10 vided under each award.

11 SEC. 713. Notwithstanding any other provisions of

12 this Act, all loan levels provided of this Act shall be consid13 ered estimates, not limitations.

14 SEC. 714. Appropriations to the Department of Agri15 culture for the cost of direct and guaranteed loans made

16 available in fiscal year 1998 shall remain available until

17 expended to cover obligations made in fiscal year 1998 for

18 the following accounts: the rural development loan fund

19 program account; the Rural Telephone Bank program ac20 count; the rural electrification and telecommunications

21 loans program account; and the rural economic develop22 ment loans program account.

23 SEC. 715. Such sums as may be necessary for fiscal

24 year 1998 pay raises for programs funded by this Act shall

25 be absorbed within the levels appropriated in this Act.
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1 SEC. 716. Notwithstanding the Federal Grant and

2 Cooperative Agreement Act, marketing services of the Ag3 ricultural Marketing Service and the Animal and Plant

4 Health Inspection Service may use cooperative agreements

5 to reflect a relationship between Agricultural Marketing

6 Service or the Animal and Plant Health Inspection Service

7 and a State or Cooperator to carry out agricultural mar8 keting programs or to carry out programs to protect the

9 Nation’s animal and plant resources.

10 SEC. 717. None of the funds in this Act may be used

11 to retire more than 5 per centum of the Class A stock

12 of the Rural Telephone Bank or to maintain any account

13 or subaccount within the accounting records of the Rural

14 Telephone Bank the creation of which has not specifically

15 been authorized by statute: Provided, That notwithstand16 ing any other provision of law, none of the funds appro17 priated or otherwise made available in this Act may be

18 used to transfer to the Treasury or to the Federal Financ19 ing Bank any unobligated balance of the Rural Telephone

20 Bank telephone liquidating account which is in excess of

21 current requirements and such balance shall receive inter22 est as set forth for financial accounts in section 505(c)

23 of the Federal Credit Reform Act of 1990.

24 SEC. 718. None of the funds made available in this

25 Act may be used to provide assistance to, or to pay the
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1 salaries of personnel who carry out a market promotion/

2 market access program pursuant to section 203 of the Ag3 ricultural Trade Act of 1978 (7 U.S.C. 5623) that pro4 vides assistance to the United States Mink Export Devel5 opment Council or any mink industry trade association.

6 SEC. 719. Of the funds made available by this Act,

7 not more than $1,000,000 shall be used to cover necessary

8 expenses of activities related to all advisory committees,

9 panels, commissions, and task forces of the Department

10 of Agriculture, except for panels used to comply with nego11 tiated rule makings and panels used to evaluate competi12 tively awarded grants.

13 SEC. 720. None of the funds appropriated in this Act

14 may be used to carry out the provisions of section 918

15 of Public Law 104–127, the Federal Agriculture Improve16 ment and Reform Act.

17 SEC. 721. No employee of the Department of Agri18 culture may be detailed or assigned from an agency or

19 office funded by this Act to any other agency or office

20 of the Department for more than 30 days unless the indi21 vidual’s employing agency or office is fully reimbursed by

22 the receiving agency or office for the salary and expenses

23 of the employee for the period of assignment.

24 SEC. 722. None of the funds appropriated or other25 wise made available by this Act shall be used to pay the
65

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1 salaries and expenses of personnel who carry out an export

2 enhancement program if the aggregate amount of funds

3 and/or commodities under such program exceeds

4 $150,000,000.

5 SEC. 723. None of the funds made available to the

6 Department of Agriculture by this Act may be used to ac7 quire new information technology systems or significant

8 upgrades, as determined by the Office of the Chief Infor9 mation Officer, without the approval of the Chief Informa10 tion Officer and the concurrence of the Executive Informa11 tion Technology Investment Review Board.

12 SEC. 724. Section 3(c) of the Federal Noxious Weed

13 Act of 1974 (7 U.S.C. 2802 (c)) is amended by inserting

14 before the period at the end the following: ‘‘, and includes

15 kudzu (Pueraria lobata Dc)’’.

16 SEC. 725. Notwithstanding section 520 of the Hous17 ing Act of 1949, (42 U.S.C. 1490) the Martin Luther

18 King area of Pawley’s Island, South Carolina, located in

19 Georgetown County, shall be eligible for loans and grants

20 under section 504 of the Housing Act of 1949, as amend21 ed.

22 SEC. 726. None of the funds made available to the

23 Food and Drug Administration by this Act shall be used

24 to close or relocate the Food and Drug Administration Di25 vision of Drug Analysis in St. Louis, Missouri, or to pro-
66

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1 ceed with a plan to close or consolidate the Food and Drug

2 Administration’s Baltimore, Maryland, laboratory.

3 SEC. 727. The Secretary of Agriculture, before mak4 ing any reduction in the employee level required to carry

5 out a program or activity under the jurisdiction of the

6 Under Secretary for Rural Development, shall submit to

7 the Committee on Appropriations of the House of Rep8 resentatives and the Committee on Appropriations of the

9 Senate a plan (including the justification and cost savings)

10 for reducing the employee level below the level described

11 in the budget submitted by the President for fiscal year

12 1998.

13 This Act may be cited as the ‘‘Agriculture, Rural De14 velopment, Food and Drug Administration, and Related

15 Agencies Appropriations Act, 1998’’.
Calendar No. 116

105TH CONGRESS

1ST SESSION S. 1033

[Report No. 105–51]

A BILL

Making appropriations for Agriculture, Rural Deposes. ending September 30, 1998, and for other pur- Related Agencies programs for the fiscal year velopment, Food and Drug Administration, and

JULY 17, 1997

Read twice and placed on the calendar