H. R. 1906

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

An Act

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

30, 2000, 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, 2000, and for other purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

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

3109, $15,436,000, of which, $12,600,000, to remain available until

expended, shall be available only for the development and

implementation of a common computing environment: Provided,

That not to exceed $11,000 of this amount, along with any unobligated balances of representation funds in the Foreign Agricultural

Service, shall be available for official reception and representation

expenses, not otherwise provided for, as determined by the Secretary: Provided further, That the funds made available for the

development and implementation of a common computing environment shall only be available upon approval of the Committees

on Appropriations and Agriculture of the House of Representatives

and the Senate of a plan for the development and implementation

of a common computing environment: Provided further, That none

of the funds appropriated or otherwise made available by this

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

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

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

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

of Public Law 104–127.
H. R. 1906—2

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

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

new uses, and the functions of the World Agricultural Outlook

Board, as authorized by the Agricultural Marketing Act of 1946

(7 U.S.C. 1622g), and including employment pursuant to the second

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

2225), of which not to exceed $5,000 is for employment under

5 U.S.C. 3109, $6,411,000.

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, $6,583,000.

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information

Officer, including employment pursuant to the second sentence

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

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

3109, $6,051,000.

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial

Officer, including employment pursuant to the second sentence

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

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

3109, $4,783,000.

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

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

by this Act, $613,000.

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(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,
H. R. 1906—3

and for the operation, maintenance, and repair of Agriculture

buildings, $140,364,000: 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.

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, 42

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

and Recovery Act, 42 U.S.C. 6961, $15,700,000, to remain available

until expended: Provided, That appropriations and funds available

herein to the Department for Hazardous Waste Management may

be transferred to any agency of the Department for its use in

meeting all requirements pursuant to the above Acts on Federal

and non-Federal lands.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $34,738,000, 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.

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),

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

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 by this Act, including programs involving intergovernmental

affairs and liaison within the executive branch, $3,568,000: Provided, That no other funds appropriated to the Department by

this Act shall be available to the Department for support of activities
H. R. 1906—4

of congressional relations: Provided further, That not less than

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

to maintain personnel at the agency level.

OFFICE OF COMMUNICATIONS

For necessary expenses to carry on services relating to the

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

work, and programs authorized by Congress in the Department,

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

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

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

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

for farmers’ bulletins.

OFFICE OF THE INSPECTOR GENERAL

(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, $65,128,000, including such sums as may

be necessary for contracting and other arrangements with public

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

Inspector General Act of 1978, including not to exceed $50,000

for employment under 5 U.S.C. 3109; and including not to exceed

$125,000 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.

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, $29,194,000.

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, $65,419,000: Provided, That $1,000,000 shall be transferred

to and merged with the appropriation for ‘‘Food and Nutrition

Service, Food Program Administration’’ for studies and evaluations:

Provided further, That this appropriation shall be available for

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

the Organic Act of 1944 (7 U.S.C. 2225).
H. R. 1906—5

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics

Service in conducting statistical reporting and service work,

including crop and livestock estimates, statistical coordination and

improvements, marketing surveys, and the Census of Agriculture,

as authorized by 7 U.S.C. 1621–1627, Public Law 105–113, and

other laws, $99,405,000, of which up to $16,490,000 shall be available until expended for the Census of Agriculture: Provided, That

this appropriation shall be available for employment pursuant to

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

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

employment under 5 U.S.C. 3109.

AGRICULTURAL RESEARCH SERVICE

For necessary expenses to enable the Agricultural Research

Service to perform agricultural research and demonstration relating

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

provided for); home economics or nutrition and consumer use

including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation,

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

for land exchanges where the lands exchanged shall be of equal

value or shall be equalized by a payment of money to the grantor

which shall not exceed 25 percent of the total value of the land

or interests transferred out of Federal ownership, $834,322,000:

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 10 buildings to be constructed or

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

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

10 percent of the current replacement value of the building or

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

available for granting easements at the Beltsville Agricultural

Research Center, including an easement to the University of Maryland to construct the Transgenic Animal Facility which upon

completion shall be accepted by the Secretary as a gift: Provided

further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948

(21 U.S.C. 113a): Provided further, That funds may be received

from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research

facility or research project of the Agricultural Research Service,

as authorized by law.
H. R. 1906—6

None of the funds in the foregoing paragraph shall be available

to carry out research related to the production, processing or marketing of tobacco or tobacco products.

In fiscal year 2000, the agency is authorized to charge fees,

commensurate with the fair market value, for any permit, easement,

lease, or other special use authorization for the occupancy or use

of land and facilities (including land and facilities at the Beltsville

Agricultural Research Center) issued by the agency, as authorized

by law, and such fees shall be credited to this account and shall

remain available until expended for authorized purposes.

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement,

extension, alteration, and purchase of fixed equipment or facilities

as necessary to carry out the agricultural research programs of

the Department of Agriculture, where not otherwise provided,

$52,500,000, 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 $180,545,000 to carry into effect the provisions

of the Hatch Act (7 U.S.C. 361a–i); $21,932,000 for grants for

cooperative forestry research (16 U.S.C. 582a–a7); $30,676,000 for

payments to the 1890 land-grant colleges, including Tuskegee

University (7 U.S.C. 3222), of which $1,000,000 shall be made

available to West Virginia State College in Institute, West Virginia,

which for fiscal year 2000 and thereafter shall be designated as

an eligible institution under section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7

U.S.C. 3222); $63,238,000 for special grants for agricultural

research (7 U.S.C. 450i(c)); $13,721,000 for special grants for agricultural research on improved pest control (7 U.S.C. 450i(c));

$119,300,000 for competitive research grants (7 U.S.C. 450i(b));

$5,109,000 for the support of animal health and disease programs

(7 U.S.C. 3195); $750,000 for supplemental and alternative crops

and products (7 U.S.C. 3319d); $650,000 for grants for research

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

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

(7 U.S.C. 3318), to remain available until expended; $500,000 for

the 1994 research program (7 U.S.C. 301 note); $3,000,000 for

higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)),

to remain available until expended (7 U.S.C. 2209b); $4,350,000

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

$1,000,000 for a higher education multicultural scholars program

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

2209b); $2,850,000 for an education grants program for Hispanicserving Institutions (7 U.S.C. 3241); $500,000 for a secondary agriculture education program and 2-year post-secondary education (7
H. R. 1906—7

U.S.C. 3152(h)); $4,000,000 for aquaculture grants (7 U.S.C. 3322);

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

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

(7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds under

the Act of August 30, 1890 (7 U.S.C. 321–326 and 328), including

Tuskegee University, to remain available until expended (7 U.S.C.

2209b); $1,552,000 for payments to the 1994 Institutions pursuant

to section 534(a)(1) of Public Law 103–382; and $14,825,000 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, $485,698,000.

None of the funds in the foregoing paragraph shall be available

to carry out research related to the production, processing or marketing of tobacco or tobacco products.

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For establishment of a Native American institutions endowment

fund, as authorized by Public Law 103–382 (7 U.S.C. 301 note),

$4,600,000.

EXTENSION ACTIVITIES

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

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

American Samoa: For payments for cooperative extension work

under the Smith-Lever Act, to be distributed under sections 3(b)

and 3(c) of said Act, and under section 208(c) of Public Law 93–

471, for retirement and employees’ compensation costs for extension

agents and for costs of penalty mail for cooperative extension agents

and State extension directors, $276,548,000; payments for extension

work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C.

343(b)(3)), $3,060,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act,

$58,695,000; payments for the pest management program under

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

program under section 3(d) of the Act, $4,000,000; payments to

upgrade research, extension, and teaching facilities at the 1890

land-grant colleges, including Tuskegee University, as authorized

by section 1447 of Public Law 95–113 (7 U.S.C. 3222b), $12,000,000,

to remain available until expended; payments for the rural development centers under section 3(d) of the Act, $908,000; payments

for youth-at-risk programs under section 3(d) of the Act, $9,000,000;

payments for carrying out the provisions of the Renewable

Resources Extension Act of 1978, $3,192,000; payments for Indian

reservation agents under section 3(d) of the Act, $1,714,000; payments for sustainable agriculture programs under section 3(d) of

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

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

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

work by the colleges receiving the benefits of the second Morrill

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

$26,843,000, of which $1,000,000 shall be made available to West

Virginia State College in Institute, West Virginia, which for fiscal

year 2000 and thereafter shall be designated as an eligible institution under section 1444 of the National Agricultural Research,

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221); and
H. R. 1906—8

for Federal administration and coordination including administration of the Smith-Lever Act, and the Act of September 29, 1977

(7 U.S.C. 341–349), and section 1361(c) of the Act of October 3,

1980 (7 U.S.C. 301 note), and to coordinate and provide program

leadership for the extension work of the Department and the several

States and insular possessions, $12,242,000; in all, $424,922,000:

Provided, That funds hereby appropriated pursuant to section 3(c)

of the Act of June 26, 1953, and section 506 of the Act of June

23, 1972, shall not be paid to any State, the District of Columbia,

Puerto Rico, Guam, or the Virgin Islands, Micronesia, Northern

Marianas, and American Samoa prior to availability of an equal

sum from non-Federal sources for expenditure during the current

fiscal year.

INTEGRATED ACTIVITIES

For the integrated research, education, and extension competitive grants programs, including necessary administrative expenses,

$39,541,000, as follows: payments for the water quality program,

$13,000,000; payments for the food safety program, $15,000,000;

payments for the national agriculture pesticide impact assessment

program, $4,541,000; payments for the Food Quality Protection

Act risk mitigation program for major food crop systems, $4,000,000;

payments for the crops affected by Food Quality Protection Act

implementation, $1,000,000; and payments for the methyl bromide

transition program, $2,000,000, as authorized under section 406

of the Agricultural Research, Extension, and Education Reform

Act of 1998 (7 U.S.C. 7626).

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary salaries and expenses of the Office of the Under

Secretary for Marketing and Regulatory Programs to administer

programs under the laws enacted by the Congress for the Animal

and Plant Health Inspection Service, the Agricultural Marketing

Service, and the Grain Inspection, Packers and Stockyards Administration, $618,000.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

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

to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities;

to discharge the authorities of the Secretary of Agriculture under

the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b);

and to protect the environment, as authorized by law, $441,263,000,

of which $4,105,000 shall be available for the control of outbreaks

of insects, plant diseases, animal diseases and for control of pest

animals and birds to the extent necessary to meet emergency conditions: Provided, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year

that does not require minimum matching by the States of at least
H. R. 1906—9

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 may be deemed necessary, to be available only in such

emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses

in accordance with the Act of February 28, 1947, and section 102

of the Act of September 21, 1944, and any unexpended balances

of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred amounts:

Provided further, That appropriations hereunder shall be available

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

leased buildings and improvements, but unless otherwise provided

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

not exceed 10 percent of the current replacement value of the

building.

In fiscal year 2000, 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 2000, $87,000,000 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,

$5,200,000, 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 the second sentence of 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, $51,625,000, including funds

for the wholesale market development program for the design and
H. R. 1906—10

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 $60,730,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:

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

to 10 percent with notification to the Appropriations Committees.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

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

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

expenses as authorized therein, and other related operating

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

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

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

than $12,443,000 for formulation and administration of marketing

agreements and orders pursuant to the Agricultural Marketing

Agreement Act of 1937 and the Agricultural Act of 1961.

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, for the administration of the Packers

and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related

to grain under the Agricultural Marketing Act of 1946, including

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

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

$25,000 for employment under 5 U.S.C. 3109, $26,448,000: 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.
H. R. 1906—11

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,557,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing

services: Provided, That if grain export activities require additional

supervision and oversight, or other uncontrollable factors occur,

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

to the Appropriations Committees.

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 out services authorized by

the Federal Meat Inspection Act, the Poultry Products Inspection

Act, and the Egg Products Inspection Act, $649,411,000, of which

no less than $544,902,000 shall be available for Federal food inspection, and in addition, $1,000,000 may be credited to this account

from fees collected for the cost of laboratory accreditation as authorized by section 1017 of Public Law 102–237: Provided, That this

appropriation shall not be available for shell egg surveillance under

section 5(d) of the Egg Products Inspection Act (21 U.S.C. 1034(d)):

Provided further, That this appropriation shall be available for

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

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

$75,000 shall be available for employment under 5 U.S.C. 3109:

Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings

and improvements, but the cost of altering any one building during

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

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Farm and Foreign Agricultural Services to administer

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

Foreign Agricultural Service, the Risk Management Agency, and

the Commodity Credit Corporation, $572,000.

FARM SERVICE AGENCY

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, $794,839,000: 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
H. R. 1906—12

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 (7 U.S.C. 5101–5106), $3,000,000.

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses involved in making indemnity payments

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

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

the Federal Government, and in making indemnity payments for

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

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

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

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

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

1968 (7 U.S.C. 450j), if such chemicals or toxic substances were

not used in a manner contrary to applicable regulations or labeling

instructions provided at the time of use and the contamination

is not due to the fault of the farmer, $450,000, to remain available

until expended (7 U.S.C. 2209b): Provided, That none of the funds

contained in this Act shall be used to make indemnity payments

to any farmer whose milk was removed from commercial markets

as a result of the farmer’s willful failure to follow procedures prescribed by the Federal Government: Provided further, That this

amount shall be transferred to the Commodity Credit Corporation:

Provided further, That the Secretary is authorized to utilize the

services, facilities, and authorities of the Commodity Credit Corporation for the purpose of making dairy indemnity disbursements.

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, $559,422,000, of which $431,373,000

shall be for guaranteed loans; operating loans, $2,397,842,000, of

which $1,697,842,000 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,

$1,028,000; for emergency insured loans, $25,000,000 to meet the

needs resulting from natural disasters; and for boll weevil eradication program loans as authorized by 7 U.S.C. 1989, $100,000,000.

For the cost of direct and guaranteed loans, including the

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,
H. R. 1906—13

$7,243,000, of which $2,416,000, shall be for guaranteed loans;

operating loans, $70,860,000, of which $23,940,000 shall be for

unsubsidized guaranteed loans and $17,620,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as

authorized by 25 U.S.C. 488, $21,000; and for emergency insured

loans, $3,882,000 to meet the needs resulting from natural disasters.

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $214,161,000, of

which $209,861,000 shall be transferred to and merged with the

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct

loans and guaranteed loans may be transferred among these programs with the prior approval of the House and Senate Committees

on Appropriations.

RISK MANAGEMENT AGENCY

For administrative and operating expenses, as authorized by

the Federal Agriculture Improvement and Reform Act of 1996 (7

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

be available for official reception and representation expenses, as

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

CORPORATIONS

The following corporations and agencies are hereby authorized

to make expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accord

with law, and to make contracts and commitments without regard

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

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

year for such corporation or agency, except as hereinafter provided.

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal

Crop Insurance Act, such sums as may be necessary, to remain

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

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

For fiscal year 2000, such sums as may be necessary to

reimburse the Commodity Credit Corporation for net realized losses

sustained, but not previously reimbursed, pursuant to section 2

of the Act of August 17, 1961 (15 U.S.C. 713a–11).

OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE

MANAGEMENT

For fiscal year 2000, the Commodity Credit Corporation shall

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

the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.

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

Recovery Act, 42 U.S.C. 6961: Provided, That expenses shall be
H. R. 1906—14

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.

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–f ), including preparation

of conservation plans and establishment of measures to conserve

soil and water (including farm irrigation and land drainage and

such special measures for soil and water management as may

be necessary to prevent floods and the siltation of reservoirs and

to control agricultural related pollutants); operation of conservation

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

therein for use in the plant materials program by donation,

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

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

or alteration or improvement of permanent and temporary

buildings; and operation and maintenance of aircraft, $661,243,000,

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

not less than $5,990,000 is for snow survey and water forecasting

and not less than $9,125,000 is for operation and establishment

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

and improvement of buildings and public improvements at plant

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

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

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

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

further, That this appropriation shall be available for technical

assistance and related expenses to carry out programs authorized

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

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

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).
H. R. 1906—15

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 (16 U.S.C. 1001–1009), $10,368,000: Provided, That this

appropriation shall be available for employment pursuant to the

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

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

employment under 5 U.S.C. 3109.

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

accordance with the provisions of laws relating to the activities

of the Department, $99,443,000, to remain available until expended

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

for the watersheds authorized under the Flood Control Act approved

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

That not to exceed $47,000,000 of this appropriation shall be available for technical assistance: Provided further, That this appropriation shall be available for employment pursuant to the second

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

2225), and not to exceed $200,000 shall be available for employment

under 5 U.S.C. 3109: Provided further, That not to exceed

$1,000,000 of this appropriation is available to carry out the purposes of the Endangered Species Act of 1973 (Public Law 93–

205), including cooperative efforts as contemplated by that Act

to relocate endangered or threatened species to other suitable habitats as may be necessary to expedite project construction: Provided

further, That of the funds available for Emergency Watershed Protection activities, $8,000,000 shall be available for Mississippi,

New Mexico, Ohio, and Wisconsin for financial and technical assistance for pilot rehabilitation projects of small, upstream dams built

under the Watershed and Flood Prevention Act (16 U.S.C. 1001

et seq., section 13 of the Act of December 22, 1994; Public Law

78–534; 58 Stat. 905), and the pilot watershed program authorized

under the heading ‘‘FLOOD PREVENTION’’ of the Department

of Agriculture Appropriation Act, 1954 (Public Law 83–156; 67

Stat. 214).

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 (7 U.S.C. 1010–1011; 76 Stat.

607), the Act of April 27, 1935 (16 U.S.C. 590a–f ), and the Agriculture and Food Act of 1981 (16 U.S.C. 3451–3461), $35,265,000,

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

That this appropriation shall be available for employment pursuant
H. R. 1906—16

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 by the

Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101),

including technical assistance and related expenses, $6,325,000,

to remain available until expended, as authorized by that Act.

TITLE III

RURAL ECONOMIC AND COMMUNITY DEVELOPMENT

PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Rural Development to administer programs under

the laws enacted by the Congress for the Rural Housing Service,

the Rural Business-Cooperative Service, and the Rural Utilities

Service of the Department of Agriculture, $588,000.

RURAL COMMUNITY ADVANCEMENT PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

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

authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except

for sections 381E–H, 381N, and 381O of the Consolidated Farm

and Rural Development Act (7 U.S.C. 2009f ), $718,837,000, to

remain available until expended, of which $23,150,000 shall be

for rural community programs described in section 381E(d)(1) of

such Act; of which $631,088,000 shall be for the rural utilities

programs described in section 381E(d)(2), 306C(a)(2), and 306D

of such Act; and of which $64,599,000 shall be for the rural business

and cooperative development programs described in section

381E(d)(3) of such Act: Provided, That of the amount appropriated for rural community programs, $6,000,000 shall be available for

a Rural Community Development Initiative: Provided further, That

such funds shall be used solely to develop the capacity and ability

of private, nonprofit community-based housing and community

development organizations, and low-income rural communities to

undertake projects to improve housing, community facilities,

community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified

private and public (including tribal) intermediary organizations proposing to carry out a program of technical assistance: Provided

further, That such intermediary organizations shall provide

matching funds from other sources in an amount not less than

funds provided: Provided further, That of the amount appropriated

for the rural business and cooperative development programs, not

to exceed $500,000 shall be made available for a grant to a qualified

national organization to provide technical assistance for rural

transportation in order to promote economic development: Provided

further, That of the amount appropriated for rural utilities programs, not to exceed $20,000,000 shall be for water and waste
H. R. 1906—17

disposal systems to benefit the Colonias along the United States/

Mexico borders, including grants pursuant to section 306C of such

Act; not to exceed $12,000,000 shall be for water and waste disposal

systems to benefit Federally Recognized Native American Tribes,

including grants pursuant to section 306C of such Act: Provided

further, That the Federally Recognized Native American Tribe is

not eligible for any other rural utilities programs set aside under

the Rural Community Advancement Program; not to exceed

$20,000,000 shall be for water and waste disposal systems for

rural and native villages in Alaska pursuant to section 306D of

such Act with up to one percent available to administer the program

and up to one percent available to improve interagency coordination;

not to exceed $16,215,000 shall be for technical assistance grants

for rural waste systems pursuant to section 306(a)(14) of such

Act; and not to exceed $7,300,000 shall be for contracting with

qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further,

That of the total amount appropriated, not to exceed $45,245,000

shall be available through June 30, 2000, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area

Partnership Zones; of which $34,704,000 shall be for the rural

utilities programs described in section 381E(d)(2) of such Act; of

which $8,435,000 shall be for the rural business and cooperative

development programs described in section 381E(d)(3) of such Act:

Provided further, That any obligated and unobligated balances

available from prior years for the ‘‘Rural Utilities Assistance Program’’ account shall be transferred to and merged with this account.

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, to be available from funds in the rural housing insurance

fund, as follows: $4,300,000,000 for loans to section 502 borrowers,

as determined by the Secretary, of which $3,200,000,000 shall be

for unsubsidized guaranteed loans; $32,396,000 for section 504

housing repair loans; $100,000,000 for section 538 guaranteed

multi-family housing loans; $25,001,000 for section 514 farm labor

housing; $114,321,000 for section 515 rental housing; $5,152,000

for section 524 site loans; $7,503,000 for credit sales of acquired

property, of which up to $1,250,000 may be for multi-family credit

sales; and $5,000,000 for section 523 self-help housing land development loans.

For the cost of direct and guaranteed loans, including the

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

$113,350,000, of which $19,520,000 shall be for unsubsidized

guaranteed loans; section 504 housing repair loans, $9,900,000;

section 538 multi-family housing guaranteed loans, $480,000; section 514 farm labor housing, $11,308,000; section 515 rental

housing, $45,363,000; section 524 site loans, $4,000; credit sales

of acquired property, $874,000, of which up to $494,250 may be

for multi-family credit sales; and section 523 self-help housing
H. R. 1906—18

land development loans, $281,000: Provided, That of the total

amount appropriated in this paragraph, $11,180,000 shall be available through June 30, 2000, for authorized empowerment zones

and enterprise communities and communities designated by the

Secretary of Agriculture as Rural Economic Area Partnership Zones.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $375,879,000, which

shall be transferred to and merged with the appropriation for

‘‘Rural Housing Service, Salaries and Expenses’’: Provided, That

of this amount the Secretary of Agriculture may transfer up to

$7,000,000 to the appropriation for ‘‘Outreach for Socially Disadvantaged Farmers’’.

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, $640,000,000; 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 2000 shall be funded for a 5-year period, although the life

of any such agreement may be extended to fully utilize amounts

obligated.

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), $28,000,000, to remain

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

total amount appropriated, $1,000,000 shall be available through

June 30, 2000, for authorized empowerment zones and enterprise

communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones.

RURAL HOUSING ASSISTANCE GRANTS

For grants and contracts for housing for domestic farm labor,

very low-income housing repair, supervisory and technical assistance, compensation for construction defects, and rural housing

preservation made by the Rural Housing Service, as authorized

by 42 U.S.C. 1474, 1479(c), 1486, 1490e, and 1490m, $45,000,000,

to remain available until expended: Provided, That of the total

amount appropriated, $1,200,000 shall be available through June

30, 2000, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture

as Rural Economic Area Partnership Zones.
H. R. 1906—19

SALARIES AND EXPENSES

For necessary expenses of the Rural Housing Service, including

administering the programs authorized by the Consolidated Farm

and Rural Development Act, title V of the Housing Act of 1949,

and cooperative agreements, $61,979,000: Provided, That this

appropriation shall be available for employment pursuant to the

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

U.S.C. 2225), and not to exceed $520,000 may be used for employment under 5 U.S.C. 3109: Provided further, That the Administrator

may expend not more than $10,000 to provide modest nonmonetary

awards to non-USDA employees.

RURAL BUSINESS-COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, $16,615,000, as authorized by

the Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided,

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

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

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

gross obligations for the principal amount of direct loans of

$38,256,000: Provided further, That of the total amount appropriated, $3,216,000 shall be available through June 30, 2000, for

the cost of direct loans for authorized empowerment zones and

enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones.

In addition, for administrative expenses to carry out the direct

loan programs, $3,337,000 shall be transferred to and merged with

the appropriation for ‘‘Rural Business-Cooperative Service, Salaries

and Expenses’’.

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION 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,

$15,000,000.

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

loans as defined in section 502 of the Congressional Budget Act

of 1974, $3,453,000.

Of the funds derived from interest on the cushion of credit

payments in fiscal year 2000, as authorized by section 313 of

the Rural Electrification Act of 1936, $3,453,000 shall not be obligated and $3,453,000 are rescinded.

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under

section 310B(e) of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1932), $6,000,000, of which $1,500,000 shall be available for cooperative agreements for the appropriate technology

transfer for rural areas program: Provided, That at least 25 percent
H. R. 1906—20

of the total amount appropriated shall be made available to cooperatives or associations of cooperatives that assist small, minority

producers.

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; section 1323 of

the Food Security Act of 1985; the Cooperative Marketing Act

of 1926; for activities relating to the marketing aspects of cooperatives, including economic research findings, as authorized by the

Agricultural Marketing Act of 1946; for activities with institutions

concerning the development and operation of agricultural cooperatives; and for cooperative agreements, $24,612,000: Provided, That

this appropriation shall be available for employment pursuant to

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

(7 U.S.C. 2225), and not to exceed $260,000 may be used for employment under 5 U.S.C. 3109.

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 (7 U.S.C. 935) shall be made

as follows: 5 percent rural electrification loans, $121,500,000; 5

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

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

electric loans, $295,000,000; and loans made pursuant to section

306 of that Act, rural electric, $1,700,000,000 and rural telecommunications, $120,000,000, to remain available until expended.

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

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

and guaranteed loans authorized by the Rural Electrification Act

of 1936 (7 U.S.C. 935 and 936), as follows: cost of direct loans,

$1,935,000; cost of municipal rate loans, $10,827,000; cost of money

rural telecommunications loans, $2,370,000: Provided, That notwithstanding section 305(d)(2) of the Rural Electrification Act of

1936, borrower interest rates may exceed 7 percent per year.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $31,046,000, which

shall be transferred to and merged with the appropriation for

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

RURAL TELEPHONE BANK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such

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

section 104 of the Government Corporation Control Act, as may

be necessary in carrying out its authorized programs. During fiscal
H. R. 1906—21

year 2000 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 (7 U.S.C.

935), $3,290,000.

In addition, for administrative expenses necessary to carry

out the loan programs, $3,000,000, which shall be transferred to

and merged with the appropriation for ‘‘Rural Utilities Service,

Salaries and Expenses’’.

DISTANCE LEARNING AND TELEMEDICINE PROGRAM

For the cost of direct loans and grants, as authorized by 7

U.S.C. 950aaa et seq., $20,700,000, 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.

SALARIES AND EXPENSES

For necessary expenses of the Rural Utilities Service, including

administering the programs authorized by the Rural Electrification

Act of 1936, and the Consolidated Farm and Rural Development

Act, and for cooperative agreements, $34,107,000: Provided, That

this appropriation shall be available for employment pursuant to

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

(7 U.S.C. 2225), and not to exceed $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 Nutrition

Service, $554,000.

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the National School Lunch

Act (42 U.S.C. 1751 et seq.), except section 21, and the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections

17 and 21; $9,554,028,000, to remain available through September

30, 2001, of which $4,618,829,000 is hereby appropriated and

$4,935,199,000 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, except as specifically provided under this heading,

none of the funds made available under this heading shall be
H. R. 1906—22

used for studies and evaluations: Provided further, That of the

funds made available under this heading, up to $7,000,000 shall

be for school breakfast pilot projects, including the evaluation

required under section 18(e) of the National School Lunch Act:

Provided further, That up to $4,363,000 shall be available for independent verification of school food service claims: Provided further,

That none of the funds under this heading shall be available unless

the value of bonus commodities provided under section 32 of the

Act of August 24, 1935 (49 Stat. 774, chapter 641; 7 U.S.C. 612c),

and section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431)

is included in meeting the minimum commodity assistance requirement of section 6(g) of the National School Lunch Act (42 U.S.C.

1755(g)).

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), $4,032,000,000, to remain available

through September 30, 2001: Provided, That none of the funds

made available under this heading shall be used for studies and

evaluations: Provided further, That of the total amount available,

the Secretary shall obligate $10,000,000 for the farmers’ market

nutrition program within 45 days of the enactment of this Act,

and an additional $5,000,000 for the farmers’ market nutrition

program from any funds not needed to maintain current caseload

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

be available to pay administrative expenses of WIC clinics except

those that have an announced policy of prohibiting smoking within

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

none of the funds provided in this account shall be available for

the purchase of infant formula except in accordance with the cost

containment and competitive bidding requirements specified in section 17 of the Child Nutrition Act of 1966: Provided further, That

none of the funds provided shall be available for activities that

are not fully reimbursed by other Federal Government departments

or agencies unless authorized by section 17 of the Child Nutrition

Act of 1966.

FOOD STAMP PROGRAM

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

U.S.C. 2011 et seq.), $21,071,751,000, of which $100,000,000 shall

be placed in reserve for use only in such amounts and at such

times as may become necessary to carry out program operations:

Provided, That none of the funds made available under this 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 funds made

available for Employment and Training under this heading shall

remain available until expended, as authorized by section 16(h)(1)

of the Food Stamp Act.
H. R. 1906—23

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, $133,300,000, to remain

available through September 30, 2001: Provided, That none of these

funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program.

FOOD DONATIONS PROGRAMS

For necessary expenses to carry out section 4(a) of the Agriculture and Consumer Protection Act of 1973; special assistance

for the nuclear affected islands as authorized by section 103(h)(2)

of the Compacts of Free Association Act of 1985, as amended;

and section 311 of the Older Americans Act of 1965, $141,081,000,

to remain available through September 30, 2001.

FOOD PROGRAM ADMINISTRATION

For necessary administrative expenses of the domestic food

programs funded under this Act, $111,561,000, of which $5,000,000

shall be available only for simplifying procedures, reducing overhead

costs, tightening regulations, improving food stamp coupon handling, and assisting in the prevention, identification, and prosecution of fraud and other violations of law and of which not less

than $3,000,000 shall be available to improve integrity in the Food

Stamp and Child Nutrition programs: 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

(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), $109,203,000: Provided, That the Service

may utilize advances of funds, or reimburse this appropriation

for expenditures made on behalf of Federal agencies, public and

private organizations and institutions under agreements executed

pursuant to the agricultural food production assistance programs

(7 U.S.C. 1737) and the foreign assistance programs of the United

States Agency for International Development.

None of the funds in the foregoing paragraph shall be available

to promote the sale or export of tobacco or tobacco products.
H. R. 1906—24

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 (7 U.S.C. 1691, 1701–1704, 1721–1726a, 1727–1727e,

1731–1736g–3, and 1737), as follows: (1) $155,000,000 for Public

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

$21,000,000 is hereby appropriated for ocean freight differential

costs for the shipment of agricultural commodities pursuant to

title I of said Act and the Food for Progress Act of 1985; and

(3) $800,000,000 is hereby appropriated for commodities supplied

in connection with dispositions abroad pursuant to title II of said

Act: Provided, That not to exceed 15 percent of the funds made

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

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

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

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

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

the Agricultural Trade Development and Assistance Act of 1954,

and the Food for Progress Act of 1985, including the cost of modifying credit agreements under said Act, $127,813,000.

In addition, for administrative expenses to carry out the Public

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

of 1985, to the extent funds appropriated for Public Law 480 are

utilized, $1,850,000, of which $1,035,000 may be transferred to

and merged with the appropriation for ‘‘Foreign Agricultural Service

and General Sales Manager’’ and $815,000 may be transferred

to and merged with the appropriation for ‘‘Farm Service Agency,

Salaries and Expenses’’.

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

$3,231,000 may be transferred to and merged with the appropriation

for ‘‘Foreign Agricultural Service and General Sales Manager’’ and

$589,000 may be transferred to and merged with the appropriation

for ‘‘Farm Service Agency, Salaries and Expenses’’.
H. R. 1906—25

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 payment of space rental and related costs pursuant to Public Law

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose

space in the District of Columbia or elsewhere; and for miscellaneous and emergency expenses of enforcement activities, authorized

and approved by the Secretary and to be accounted for solely

on the Secretary’s certificate, not to exceed $25,000; $1,186,072,000,

of which not to exceed $145,434,000 in prescription drug user fees

authorized by 21 U.S.C. 379(h) may be credited to this appropriation

and remain available until expended: Provided, That fees derived

from applications received during fiscal year 2000 shall be subject

to the fiscal year 2000 limitation: Provided further, That none

of these funds shall be used to develop, establish, or operate any

program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $269,245,000 shall be

for the Center for Food Safety and Applied Nutrition and related

field activities in the Office of Regulatory Affairs; (2) $309,026,000

shall be for the Center for Drug Evaluation and Research and

related field activities in the Office of Regulatory Affairs, of which

no less than $11,542,000 shall be available for grants and contracts

awarded under section 5 of the Orphan Drug Act (21 U.S.C. 360ee);

(3) $132,092,000 shall be for the Center for Biologics Evaluation

and Research and for related field activities in the Office of Regulatory Affairs; (4) $48,821,000 shall be for the Center for Veterinary

Medicine and for related field activities in the Office of Regulatory

Affairs; (5) $154,271,000 shall be for the Center for Devices and

Radiological Health and for related field activities in the Office

of Regulatory Affairs, of which $1,000,000 shall be for premarket

review, enforcement and oversight activities related to users and

manufacturers of all reprocessed medical devices as authorized

by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et

seq.), and of which no less than $55,500,000 and 522 full-time

equivalent positions shall be for premarket application review

activities to meet statutory review times; (6) $34,536,000 shall

be for the National Center for Toxicological Research; (7)

$34,000,000 shall be for the Office of Tobacco; (8) $25,855,000

shall be for Rent and Related activities, other than the amounts

paid to the General Services Administration; (9) $100,180,000 shall

be for payments to the General Services Administration for rent

and related costs; and (10) $78,046,000 shall be for other activities,

including the Office of the Commissioner; the Office of Policy; the

Office of the Senior Associate Commissioner; the Office of International and Constituent Relations; the Office of Policy, Legislation,

and Planning; and central services for these offices: Provided further, That funds may be transferred from one specified activity
H. R. 1906—26

to another with the prior approval of the Committee on Appropriations of both Houses of Congress.

In addition, mammography user fees authorized by 42 U.S.C.

263(b) may be credited to this account, to remain available until

expended.

In addition, export certification user fees authorized by 21

U.S.C. 381 may be credited to this account, to remain available

until expended.

BUILDINGS AND FACILITIES

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

by the Food and Drug Administration, where not otherwise provided, $11,350,000, to remain available until expended (7 U.S.C.

2209b).

INDEPENDENT AGENCIES

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase

and hire of passenger motor vehicles; the rental of space (to include

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

and not to exceed $25,000 for employment under 5 U.S.C. 3109,

$63,000,000, including not to exceed $1,000 for official reception

and representation expenses: Provided, That for fiscal year 2000

and thereafter, 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 $35,800,000 (from assessments collected from

farm credit institutions and from the Federal Agricultural Mortgage

Corporation) shall be obligated during the current fiscal year for

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

with receiverships.

TITLE VII—GENERAL PROVISIONS

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

for the fiscal year 2000 under this Act shall be available for the

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

exceed 365 passenger motor vehicles, of which 361 shall be for

replacement only, and for the hire of such vehicles.

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

Agriculture shall be available for uniforms or allowances therefor

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

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

the Department of Agriculture in this Act for research and service
H. R. 1906—27

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

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

31, United States Code, shall be available for contracting in accordance with said Acts and chapter.

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

Capital Fund for the purpose of accumulating growth capital for

data services and National Finance Center operations shall not

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

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

Capital Fund without the approval of the agency administrator.

SEC. 705. New obligational authority provided for the following

appropriation items in this Act shall remain available until

expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, fruit fly program,

integrated systems acquisition project, boll weevil program, up to

10 percent of the screwworm program, and up to $2,000,000 for

costs associated with colocating regional offices; Food Safety and

Inspection Service, field automation and information management

project; funds appropriated for rental payments; Cooperative State

Research, Education, and Extension Service, funds for competitive

research grants (7 U.S.C. 450i(b)) and funds for the Native American Institutions Endowment Fund; Farm Service Agency, salaries

and expenses funds made available to county committees; and Foreign Agricultural Service, middle-income country training program.

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 the

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

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

hardship as determined by the Secretary of Agriculture.

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

to restrict the authority of the Commodity Credit Corporation to

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

agencies of the Department of Agriculture when such space will

be jointly occupied.

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

to pay indirect costs charged against competitive agricultural

research, education, or extension grant awards issued by the

Cooperative State Research, Education, and Extension Service that

exceed 19 percent of total Federal funds provided under each award:
H. R. 1906—28

Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7

U.S.C. 3310), funds provided by this Act for grants awarded

competitively by the Cooperative State Research, Education, and

Extension Service shall be available to pay full allowable indirect

costs for each grant awarded under the Small Business Innovation

Development Act of 1982, Public Law 97–219 (15 U.S.C. 638).

SEC. 712. Notwithstanding any other provision of this Act,

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

not limitations.

SEC. 713. Notwithstanding any other provision of law, effective

on September 29, 1999, appropriations made available to the Rural

Housing Insurance Fund Program Account for the costs of direct

and guaranteed loans and to the Rural Housing Assistance Grants

Account in fiscal years 1994, 1995, 1996, 1997, 1998, and 1999

shall remain available until expended to cover obligations made

in each of those fiscal years respectively with regard to each account.

SEC. 714. Appropriations to the Department of Agriculture for

the cost of direct and guaranteed loans made available in fiscal

year 2000 shall remain available until expended to cover obligations

made in fiscal year 2000 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; the Rural Housing Insurance Fund Program

Account; and the rural economic development loans program

account.

SEC. 715. Such sums as may be necessary for fiscal year 2000

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

the levels appropriated by this Act.

SEC. 716. Notwithstanding the Federal Grant and Cooperative

Agreement Act, marketing services of the Agricultural Marketing

Service; Grain Inspection, Packers and Stockyards Administration;

the Animal and Plant Health Inspection Service; and the food

safety activities of the Food Safety and Inspection Service may

use cooperative agreements to reflect a relationship between the

Agricultural Marketing Service; the Grain Inspection, Packers and

Stockyards Administration; the Animal and Plant Health Inspection

Service; or the Food Safety and Inspection Service and a State

or Cooperator to carry out agricultural marketing programs, to

carry out programs to protect the Nation’s animal and plant

resources, or to carry out educational programs or special studies

to improve the safety of the Nation’s food supply.

SEC. 717. Notwithstanding any other provision of law (including

provisions of law requiring competition), the Secretary may enter

into cooperative agreements (which may provide for the acquisition

of goods or services, including personal services) with a State,

political subdivision, or agency thereof, a public or private agency,

organization, or any other person, if the Secretary determines that

the objectives of the agreement will: (1) serve a mutual interest

of the parties to the agreement in carrying out the Wetlands Reserve

Program; and (2) all parties will contribute resources to the accomplishment of these objectives: Provided, That Commodity Credit

Corporation funds obligated for such purposes shall not exceed

the level obligated by the Commodity Credit Corporation for such

purposes in fiscal year 1998.

SEC. 718. None of the funds in this Act may be used to retire

more than 5 percent of the Class A stock of the Rural Telephone
H. R. 1906—29

Bank or to maintain any account or subaccount within the

accounting records of the Rural Telephone Bank the creation of

which has not specifically been authorized by statute: Provided,

That notwithstanding any other provision of law, none of the funds

appropriated or otherwise made available in this Act may be used

to transfer to the Treasury or to the Federal Financing Bank

any unobligated balance of the Rural Telephone Bank telephone

liquidating account which is in excess of current requirements and

such balance shall receive interest as set forth for financial accounts

in section 505(c) of the Federal Credit Reform Act of 1990.

SEC. 719. Of the funds made available by this Act, not more

than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and

task forces of the Department of Agriculture, except for panels

used to comply with negotiated rule makings and panels used

to evaluate competitively awarded grants: Provided, That interagency funding is authorized to carry out the purposes of the

National Drought Policy Commission.

SEC. 720. None of the funds appropriated by this Act may

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

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

SEC. 721. No employee of the Department of Agriculture may

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

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

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

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

and expenses of the employee for the period of assignment.

SEC. 722. None of the funds appropriated or otherwise made

available to the Department of Agriculture shall be used to transmit

or otherwise make available to any non-Department of Agriculture

employee questions or responses to questions that are a result

of information requested for the appropriations hearing process.

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

of Agriculture by this Act may be used to acquire new information

technology systems or significant upgrades, as determined by the

Office of the Chief Information Officer, without the approval of

the Chief Information Officer and the concurrence of the Executive

Information Technology Investment Review Board: Provided, That

notwithstanding any other provision of law, none of the funds

appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the

prior approval of the Committee on Appropriations of both Houses

of Congress.

SEC. 724. (a) None of the funds provided by this Act, or provided

by previous Appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 2000, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure through a reprogramming of funds which: (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities

presently performed by Federal employees; unless the Committee
H. R. 1906—30

on Appropriations of both Houses of Congress are notified 15 days

in advance of such reprogramming of funds.

(b) None of the funds provided by this Act, or provided by

previous Appropriations Acts to the agencies funded by this Act

that remain available for obligation or expenditure in fiscal year

2000, or provided from any accounts in the Treasury of the United

States derived by the collection of fees available to the agencies

funded by this Act, shall be available for obligation or expenditure

for activities, programs, or projects through a reprogramming of

funds in excess of $500,000 or 10 percent, whichever is less, that:

(1) augments existing programs, projects, or activities; (2) reduces

by 10 percent funding for any existing program, project, or activity,

or numbers of personnel by 10 percent as approved by Congress;

or (3) results from any general savings from a reduction in personnel

which would result in a change in existing programs, activities,

or projects as approved by Congress; unless the Committee on

Appropriations of both Houses of Congress are notified 15 days

in advance of such reprogramming of funds.

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

available by this Act or any other Act may be used to pay the

salaries and expenses of personnel to carry out the transfer or

obligation of fiscal year 2000 funds under the provisions of section

793 of Public Law 104–127.

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

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

of personnel who carry out an environmental quality incentives

program authorized by sections 334–341 of Public Law 104–127

in excess of $174,000,000.

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

to the Department of Agriculture in fiscal year 2000 or thereafter

may be used to administer the provision of contract payments

to a producer under the Agricultural Market Transition Act (7

U.S.C. 7201 et seq.) for contract acreage on which wild rice is

planted unless the contract payment is reduced by an acre for

each contract acre planted to wild rice.

SEC. 728. None of the funds appropriated or otherwise made

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

of personnel to enroll in excess of 150,000 acres in the fiscal year

2000 wetlands reserve program as authorized by 16 U.S.C. 3837.

SEC. 729. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out the transfer or obligation

of fiscal year 2000 funds under the provisions of section 401 of

Public Law 105–185, the Initiative for Future Agriculture and Food

Systems.

SEC. 730. Notwithstanding section 381A of the Consolidated

Farm and Rural Development Act (7 U.S.C. 2009), in fiscal year

2000 and thereafter, the definitions of rural areas for certain business programs administered by the Rural Business-Cooperative

Service and the community facilities programs administered by

the Rural Housing Service shall be those provided for in statute

and regulations prior to the enactment of Public Law 104–127.

SEC. 731. None of the funds appropriated or otherwise made

available by this Act shall be used to carry out any commodity

purchase program that would prohibit eligibility or participation

by farmer-owned cooperatives.
H. R. 1906—31

SEC. 732. None of the funds appropriated or otherwise made

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

of personnel to carry out a conservation farm option program,

as authorized by section 335 of Public Law 104–127.

SEC. 733. None of the funds made available to the Food and

Drug Administration by this Act shall be used to close or relocate,

or to plan to close or relocate, the Food and Drug Administration

Division of Drug Analysis in St. Louis, Missouri, or the Food and

Drug Administration Detroit, Michigan, District Office Laboratory;

or to reduce the Detroit, Michigan, Food and Drug Administration

District Office below the operating and full-time equivalent staffing

level of July 31, 1999; or to change the Detroit District Office

to a station, residence post or similarly modified office; or to reassign

residence posts assigned to the Detroit District Office.

SEC. 734. None of the funds made available by this Act or

any other Act for any fiscal year may be used to carry out section

302(h) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h))

unless the Secretary of Agriculture inspects and certifies agricultural processing equipment, and imposes a fee for the inspection

and certification, in a manner that is similar to the inspection

and certification of agricultural products under that section, as

determined by the Secretary: Provided, That this provision shall

not affect the authority of the Secretary to carry out the Federal

Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products

Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).

SEC. 735. None of the funds appropriated by this Act or any

other Act shall be used to pay the salaries and expenses of personnel

who prepare or submit appropriations language as part of the

President’s Budget submission to the Congress of the United States

for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, and Related Agencies that assumes revenues or reflects a reduction from the previous

year due to user fees proposals that have not been enacted into

law prior to the submission of the Budget unless such Budget

submission identifies which additional spending reductions should

occur in the event the users fees proposals are not enacted prior

to the date of the convening of a committee of conference for

the fiscal year 2001 appropriations Act.

SEC. 736. None of the funds appropriated or otherwise made

available by this Act shall be used to establish an Office of Community Food Security or any similar office within the United States

Department of Agriculture without the prior approval of the Committee on Appropriations of both Houses of Congress.

SEC. 737. None of the funds appropriated or otherwise made

available by this or any other Act may be used to carry out provision

of section 612 of Public Law 105–185.

SEC. 738. None of the funds appropriated or otherwise made

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

of personnel to carry out the emergency food assistance program

authorized by section 27(a) of the Food Stamp Act (7 U.S.C. 2036(a))

if such program exceeds $98,000,000.

SEC. 739. None of the funds appropriated by this Act shall

be used to propose or issue rules, regulations, decrees, or orders

for the purpose of implementation, or in preparation for

implementation of the Kyoto Protocol which was adopted on

December 11, 1997, in Kyoto, Japan.
H. R. 1906—32

SEC. 740. Notwithstanding any other provision of law, in fiscal

year 2000 and thereafter, permanent employees of county committees employed on or after October 1, 1998, pursuant to 8(b) of

the Soil Conservation and Domestic Allotment Act (16 U.S.C.

590h(b)) shall be considered as having Federal Civil Service status

only for the purpose of applying for United States Department

of Agriculture Civil Service vacancies.

SEC. 741. None of the funds appropriated or otherwise made

available by this Act may be used to declare excess or surplus

all or part of the lands and facilities owned by the Federal Government and administered by the Secretary of Agriculture at Fort

Reno, Oklahoma, or to transfer or convey such lands or facilities,

without the specific authorization of Congress.

SEC. 742. Notwithstanding any other provision of law, the

Chief of the Natural Resources Conservation Service shall provide

funds, within discretionary amounts available, for the settlement

of claims associated with the Chuquatonchee Watershed Project

in Mississippi to close out this project.

SEC. 743. (a) Not later than 180 days after the date of the

enactment of this Act, the Secretary of Agriculture shall offer to

enter into an agreement with the Governor of the State of Hawaii

to conduct a pilot program to inspect mail entering the State of

Hawaii for any plant, plant product, plant pest, or other organism

that is subject to Federal quarantine laws.

(b) The agreement described in subsection (a) shall contain

the same terms and conditions as are contained in the memorandum

of understanding entered into between the Secretary and the State

of California, dated February 1, 1999, unless the Secretary and

the Governor agree to different terms or conditions.

(c) Unless the Secretary and the Governor agree otherwise,

the agreement described in subsection (b) shall terminate on the

later of—

(1) the date that is 1 year after the date the agreement

becomes effective; or

(2) the date that the February 1, 1999 memorandum of

understanding terminates.

SEC. 744. Notwithstanding any other provision of law, the

Secretary is authorized under section 306 of the Consolidated Farm

and Rural Development Act, as amended (7 U.S.C. 1926), to provide

guaranteed lines of credit, including working capital loans, for

health care facilities, to address Year 2000 computer conversion

issues.

SEC. 745. After taking any action involving the seizure, quarantine, treatment, destruction, or disposal of wheat infested with

karnal bunt, the Secretary of Agriculture shall compensate the

producers and handlers for economic losses incurred as the result

of the action not later than 45 days after receipt of a claim that

includes all appropriate paperwork.

SEC. 746. In addition to amounts otherwise appropriated or

made available by this Act, $2,000,000 is appropriated for the

purpose of providing Bill Emerson and Mickey Leland Hunger

Fellowships through the Congressional Hunger Center, which is

an organization described in subsection (c)(3) of section 501 of

the Internal Revenue Code of 1986 and is exempt from taxation

under subsection (a) of such section.

SEC. 747. Notwithstanding any other provision of law, there

are hereby appropriated $250,000 for the program authorized under
H. R. 1906—33

section 388 of the Federal Agriculture Improvement and Reform

Act of 1996, solely for use in the State of New Hampshire.

SEC. 748. The Immigration and Nationality Act (8 U.S.C. 1188

et seq.) is amended—

(1) in section 218(c)(1) by striking ‘‘60 days’’ and inserting

‘‘45 days’’; and

(2) in section 218(c)(3)(A) by striking ‘‘20 days’’ and

inserting ‘‘30 days’’.

SEC. 749. SUCCESSORSHIP PROVISIONS RELATING TO BARGAINING

UNITS AND EXCLUSIVE REPRESENTATIVES. (a) VOLUNTARY AGREEMENT.—

(1) IN GENERAL.—If the exercise of the Secretary of Agriculture’s authority under this section results in changes to

an existing bargaining unit that has been certified under

chapter 71 of title 5, United States Code, the affected parties

shall attempt to reach a voluntary agreement on a new bargaining unit and an exclusive representative for such unit.

(2) CRITERIA.—In carrying out the requirements of this

subsection, the affected parties shall use criteria set forth in—

(A) sections 7103(a)(4), 7111(e), 7111(f )(1), and 7120

of title 5, United States Code, relating to determining an

exclusive representative; and

(B) section 7112 of title 5, United States Code (disregarding subsections (b)(5) and (d) thereof ), relating to

determining appropriate units.

(b) EFFECT OF AN AGREEMENT.—

(1) IN GENERAL.—If the affected parties reach agreement

on the appropriate unit and the exclusive representative for

such unit under subsection (a), the Federal Labor Relations

Authority shall certify the terms of such agreement, subject

to paragraph (2)(A). Nothing in this subsection shall be considered to require the holding of any hearing or election as a

condition for certification.

(2) RESTRICTIONS.—

(A) CONDITIONS REQUIRING NONCERTIFICATION.—The

Federal Labor Relations Authority may not certify the

terms of an agreement under paragraph (1) if—

(i) it determines that any of the criteria referred

to in subsection (a)(2) (disregarding section 7112(a)

of title 5, United States Code) have not been met;

or

(ii) after the Secretary’s exercise of authority and

before certification under this section, a valid election

under section 7111(b) of title 5, United States Code,

is held covering any employees who would be included

in the unit proposed for certification.

(B) TEMPORARY WAIVER OF PROVISION THAT WOULD BAR

AN ELECTION AFTER A COLLECTIVE BARGAINING AGREEMENT

IS REACHED.—Nothing in section 7111(f )(3) of title 5, United

States Code, shall prevent the holding of an election under

section 7111(b) of such title that covers employees within

a unit certified under paragraph (1), or giving effect to

the results of such an election (including a decision not

to be represented by any labor organization), if the election

is held before the end of the 12-month period beginning

on the date such unit is so certified.
H. R. 1906—34

(C) CLARIFICATION.—The certification of a unit under

paragraph (1) shall not, for purposes of the last sentence

of section 7111(b) of title 5, United States Code, or section

7111(f )(4) of such title, be treated as if it had occurred

pursuant to an election.

(3) DELEGATION.—

(A) IN GENERAL.—The Federal Labor Relations

Authority may delegate to any regional director (as referred

to in section 7105(e) of title 5, United States Code) its

authority under the preceding provisions of this subsection.

(B) REVIEW.—Any action taken by a regional director

under subparagraph (A) shall be subject to review under

the provisions of section 7105(f ) of title 5, United States

Code, in the same manner as if such action had been

taken under section 7105(e) of such title, except that in

the case of a decision not to certify, such review shall

be required if application therefore is filed by an affected

party within the time specified in such provisions.

(c) DEFINITION.—For purposes of this section, the term ‘‘affected

party’’ means—

(1) with respect to an exercise of authority by the Secretary

of Agriculture under this section, any labor organization

affected thereby; and

(2) the Department of Agriculture.

SEC. 750. None of the funds appropriated or otherwise made

available by this Act or any other Act shall be used for the

implementation of a Support Services Bureau or similar organization.

SEC. 751. CONTRACTS FOR PROCUREMENT OR PROCESSING OF

CERTAIN COMMODITIES. (a) DEFINITIONS.—In this section:

(1) HUBZONE SOLE SOURCE CONTRACT.—The term

‘‘HUBZone sole source contract’’ means a sole source contract

authorized by section 31 of the Small Business Act (15 U.S.C.

657a).

(2) HUBZONE PRICE EVALUATION PREFERENCE.—The term

‘‘HUBZone price evaluation preference’’ means a price evaluation preference authorized by section 31 of the Small Business

Act (15 U.S.C. 657a).

(3) QUALIFIED HUBZONE SMALL BUSINESS CONCERN.—The

term ‘‘qualified HUBZone small business concern’’ has the

meaning given the term in section 3(p) of the Small Business

Act (15 U.S.C. 632(p)).

(4) COVERED PROCUREMENT.—The term ‘‘covered procurement’’ means a contract for the procurement or processing

of a commodity furnished under title II or III of the Agricultural

Trade Development and Assistance Act of 1954 (7 U.S.C. 1721

et seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C.

1431(b)), the Food for Progress Act of 1985 (7 U.S.C. 1736o),

or any other commodity procurement or acquisition by the

Commodity Credit Corporation under any other law.

(b) PROHIBITION OF USE OF FUNDS.—None of the funds made

available by this Act may be used:

(1) to award a HUBZone sole source contract or a contract

awarded through full and open competition in combination

with a HUBZone price evaluation preference to any qualified

HUBZone small business concern in any covered procurement

if performance of the contract by the business concern would
H. R. 1906—35

exceed the production capacity of the business concern or would

require the business concern to subcontract to any other company or enterprise for the purchase of the commodity being

procured through the covered procurement; and

(2) in any contract awarded through full and open competition in any covered procurement—

(A) to fund a price evaluation preference greater than

5 percent if the dollar value of the contract awarded is

not greater than 50 percent of the total dollar value being

procured in a single tender for a commodity; or

(B) to fund any price evaluation preference at all if

the dollar value of the contract awarded is greater than

50 percent of the total dollar value being procured in a

single tender for a commodity.

SEC. 752. REDESIGNATION OF NATIONAL SCHOOL LUNCH ACT

AS RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT. (a) IN

GENERAL.—The first section of the National School Lunch Act (42

U.S.C. 1751 note) is amended by striking ‘‘National School Lunch

Act’’ and inserting ‘‘Richard B. Russell National School Lunch Act’’.

(b) CONFORMING AMENDMENTS.—The following provisions of law

are amended by striking ‘‘National School Lunch Act’’ each place

it appears and inserting ‘‘Richard B. Russell National School Lunch

Act’’:

(1) Sections 3 and 13(3)(A) of the Commodity Distribution

Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c

note; Public Law 100–237).

(2) Section 404 of the Agricultural Act of 1949 (7 U.S.C.

1424).

(3) Section 201(a) of the Act entitled ‘‘An Act to extend

the Agricultural Trade Development and Assistance Act of 1954,

and for other purposes’’, approved September 21, 1959 (7 U.S.C.

1431c(a); 73 Stat. 610).

(4) Section 211(a) of the Agricultural Trade Suspension

Adjustment Act of 1980 (7 U.S.C. 4004(a)).

(5) Section 245A(h)(4)(A) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(A)).

(6) Sections 403(c)(2)(C), 422(b)(3), 423(d)(3), 741(a)(1), and

742 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(C), 1632(b)(3), 1183a

note, 42 U.S.C. 1751 note, 8 U.S.C. 1615; Public Law 104–

193).

(7) Section 2243(b) of title 10, United States Code.

(8) Sections 404B(g)(1)(A), 404D(c)(2), and 404F(a)(2) of

the Higher Education Act of 1965 (20 U.S.C. 1070a–22(g)(1)(A),

1070a–24(c)(2), 1070a–26(a)(2); Public Law 105–244).

(9) Section 231(d)(3)(A)(i) of the Carl D. Perkins Vocational

Education Act (20 U.S.C. 2341(d)(3)(A)(i)).

(10) Section 1113(a)(5) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6313(a)(5)).

(11) Section 1397E(d)(4)(A)(iv)(II) of the Internal Revenue

Code of 1986.

(12) Sections 254(b)(2)(B) and 263(a)(2)(C) of the Job

Training Partnership Act (29 U.S.C. 1633(b)(2)(B),

1643(a)(2)(C)).

(13) Section 3803(c)(2)(C)(xiii) of title 31, United States

Code.
H. R. 1906—36

(14) Section 602(d)(9)(A) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 474(d)(9)(A)).

(15) Sections 2(4), 3(1), and 301 of the Healthy Meals

for Healthy Americans Act of 1994 (42 U.S.C. 1751 note; Public

Law 103–448).

(16) Sections 3, 4, 7, 10, 13, 16(b), 17, and 19(d) of the

Child Nutrition Act of 1966 (42 U.S.C. 1772, 1773, 1776, 1779,

1782, 1785(b), 1786, 1788(d)).

(17) Section 658O(b)(3) of the Child Care and Development

Block Grant Act of 1990 (42 U.S.C. 9858m(b)(3)).

(18) Subsection (b) of the first section of Public Law 87–

688 (48 U.S.C. 1666(b)).

(19) Section 10405(a)(2)(H) of the Omnibus Budget Reconciliation Act of 1989 (Public Law 101–239; 103 Stat. 2489).

SEC. 753. Public Law 105–199 (112 Stat. 641) is amended

in section 3(b)(1)(G) by striking ‘‘persons’’ and inserting ‘‘governors,

who may be represented on the Commission by their respective

designees,’’.

SEC. 754. Section 889 of the Federal Agriculture Improvement

and Reform Act of 1996 is amended—

(1) in the heading, by inserting ‘‘HARRY K. DUPREE’’

before ‘‘STUTTGART’’;

(2) in subsection (b)(1)—

(A) in the heading, by inserting ‘‘HARRY K. DUPREE’’

before ‘‘STUTTGART’’; and

(B) in subparagraphs (A) and (B), by inserting ‘‘Harry

K. Dupree’’ before ‘‘Stuttgart National Aquaculture

Research Center’’ each place it appears.

SEC. 755. TOBACCO LEASING AND INFORMATION. (a) CROSS- COUNTY LEASING.—Section 319(l) of the Agricultural Adjustment

Act of 1938 (7 U.S.C. 1314e(l)) is amended in the second sentence

by inserting ‘‘, Ohio, Indiana, Kentucky,’’ after ‘‘Tennessee’’.

(b) TOBACCO PRODUCTION AND MARKETING INFORMATION.—Part

I of subtitle B of title III of the Agricultural Adjustment Act of

1938 (7 U.S.C. 1311 et seq.) is amended by adding at the end

the following:

‘‘SEC. 320D. TOBACCO PRODUCTION AND MARKETING INFORMATION.

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

the Secretary may, subject to subsection (b), release marketing

information submitted by persons relating to the production and

marketing of tobacco to State trusts or similar organizations

engaged in the distribution of national trust funds to tobacco producers and other persons with interests associated with the production of tobacco, as determined by the Secretary.

‘‘(b) LIMITATIONS.—

‘‘(1) IN GENERAL.—Information may be released under subsection (a) only to the extent that—

‘‘(A) the release is in the interest of tobacco producers,

as determined by the Secretary; and

‘‘(B) the information is released to a State trust or

other organization that is created to, or charged with,

distributing funds to tobacco producers or other parties

with an interest in tobacco production or tobacco farms

under a national or State trust or settlement.

‘‘(2) EXEMPTION FROM RELEASE.—The Secretary shall, to

the maximum extent practicable, in advance of making a
H. R. 1906—37

release of information under subsection (a), allow, by announcement, a period of at least 15 days for persons whose consent

would otherwise be required by law to effectuate the release,

to elect to be exempt from the release.

‘‘(c) ASSISTANCE.—

‘‘(1) IN GENERAL.—In making a release under subsection

(a), the Secretary may provide such other assistance with

respect to information released under subsection (a) as will

facilitate the interest of producers in receiving the funds that

are the subject of a trust described in subsection (a).

‘‘(2) FUNDS.—The Secretary shall use amounts made available for salaries and expenses of the Department to carry

out paragraph (1).

‘‘(d) RECORDS.—

‘‘(1) IN GENERAL.—A person who obtains information

described in subsection (a) shall maintain records that are

consistent with the purposes of the release and shall not use

the records for any purpose not authorized under this section.

‘‘(2) PENALTY.—A person who knowingly violates this subsection shall be fined not more than $10,000, imprisoned not

more than 1 year, or both.

‘‘(e) APPLICATION.—This section shall not apply to—

‘‘(1) records submitted by cigarette manufacturers with

respect to the production of cigarettes;

‘‘(2) records that were submitted as expected purchase

intentions in connection with the establishment of national

tobacco quotas; or

‘‘(3) records that aggregate the purchases of particular

buyers.’’.

SEC. 756. Notwithstanding section 306(a)(7) of the Consolidated

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

of Berlin, New Hampshire, shall be eligible during fiscal year 2000

for a rural utilities grant or loan under the Rural Community

Advancement Program.

SEC. 757. CRANBERRY MARKETING ORDERS. (a) PAID ADVERTISING FOR CRANBERRIES AND CRANBERRY PRODUCTS.—Section

8c(6)(I) of the Agricultural Adjustment Act (7 U.S.C. 608c(6)(I)),

reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended in the first proviso—

(1) by striking ‘‘or Florida grown strawberries’’ and

inserting ‘‘, Florida grown strawberries, or cranberries’’; and

(2) by striking ‘‘and Florida Indian River grapefruit’’ and

inserting ‘‘Florida Indian River grapefruit, and cranberries’’.

(b) COLLECTION OF CRANBERRY INVENTORY DATA.—Section 8d

of the Agricultural Adjustment Act (7 U.S.C. 608d), reenacted with

amendments by the Agricultural Marketing Agreement Act of 1937,

is amended by adding at the end the following:

‘‘(3) COLLECTION OF CRANBERRY INVENTORY DATA.—

‘‘(A) IN GENERAL.—If an order is in effect with respect

to cranberries, the Secretary of Agriculture may require persons

engaged in the handling or importation of cranberries or cranberry products (including producer-handlers, second handlers,

processors, brokers, and importers) to provide such information

as the Secretary considers necessary to effectuate the declared

policy of this title, including information on acquisitions, inventories, and dispositions of cranberries and cranberry products.
H. R. 1906—38

‘‘(B) DELEGATION TO COMMITTEE.—The Secretary may delegate the authority to carry out subparagraph (A) to any committee that is responsible for administering an order covering

cranberries.

‘‘(C) CONFIDENTIALITY.—Paragraph (2) shall apply to

information provided under this paragraph.

‘‘(D) VIOLATIONS.—Any person who violates this paragraph

shall be subject to the penalties provided under section 8c(14).’’.

SEC. 758. Beginning in fiscal year 2001 and thereafter, the

Food Stamp Act (Public Law 95–113, section 16(a)) is amended

by inserting after the phrase ‘‘Indian reservation under section

11(d) of this Act’’ the following new phrase: ‘‘or in a Native village

within the State of Alaska identified in section 11(b) of Public

Law 92–203, as amended.’’.

SEC. 759. EDUCATION GRANTS TO ALASKA NATIVE SERVING

INSTITUTIONS AND NATIVE HAWAIIAN SERVING INSTITUTIONS. (a)

EDUCATION GRANTS PROGRAM FOR ALASKA NATIVE SERVING

INSTITUTIONS.—

(1) GRANT AUTHORITY.—The Secretary of Agriculture may

make competitive grants (or grants without regard to any

requirement for competition) to Alaska Native serving institutions for the purpose of promoting and strengthening the ability

of Alaska Native serving institutions to carry out education,

applied research, and related community development programs.

(2) USE OF GRANT FUNDS.—Grants made under this section

shall be used—

(A) to support the activities of consortia of Alaska

Native serving institutions to enhance educational equity

for under represented students;

(B) to strengthen institutional educational capacities,

including libraries, curriculum, faculty, scientific

instrumentation, instruction delivery systems, and student

recruitment and retention, in order to respond to identified

State, regional, national, or international educational needs

in the food and agriculture sciences;

(C) to attract and support undergraduate and graduate

students from under represented groups in order to prepare

them for careers related to the food, agricultural, and natural resource systems of the United States, beginning with

the mentoring of students at the high school level including

by village elders and continuing with the provision of financial support for students through their attainment of a

doctoral degree; and

(D) to facilitate cooperative initiatives between two

or more Alaska Native serving institutions, or between

Alaska Native serving institutions and units of State

government or the private sector, to maximize the development and use of resources, such as faculty, facilities, and

equipment, to improve food and agricultural sciences

teaching programs.

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to make grants under this subsection

$10,000,000 in fiscal years 2001 through 2006.

(b) EDUCATION GRANTS PROGRAM FOR NATIVE HAWAIIAN

SERVING INSTITUTIONS.—
H. R. 1906—39

(1) GRANT AUTHORITY.—The Secretary of Agriculture may

make competitive grants (or grants without regard to any

requirement for competition) to Native Hawaiian serving

institutions for the purpose of promoting and strengthening

the ability of Native Hawaiian serving institutions to carry

out education, applied research, and related community

development programs.

(2) USE OF GRANT FUNDS.—Grants made under this section

shall be used—

(A) to support the activities of consortia of Native

Hawaiian serving institutions to enhance educational

equity for under represented students;

(B) to strengthen institutional educational capacities,

including libraries, curriculum, faculty, scientific

instrumentation, instruction delivery systems, and student

recruitment and retention, in order to respond to identified

State, regional, national, or international educational needs

in the food and agriculture sciences;

(C) to attract and support undergraduate and graduate

students from under represented groups in order to prepare

them for careers related to the food, agricultural, and natural resource systems of the United States, beginning with

the mentoring of students at the high school level and

continuing with the provision of financial support for students through their attainment of a doctoral degree; and

(D) to facilitate cooperative initiatives between two

or more Native Hawaiian serving institutions, or between

Native Hawaiian serving institutions and units of State

government or the private sector, to maximize the development and use of resources, such as faculty, facilities, and

equipment, to improve food and agricultural sciences

teaching programs.

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to make grants under this subsection

$10,000,000 for each of fiscal years 2001 through 2006.

SEC. 760. Effective October 1, 1999, section 8c(11) of the Agricultural Adjustment Act (7 U.S.C. 608c(11)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is

amended by adding at the end the following: ‘‘The price of milk

paid by a handler at a plant operating in Clark County, Nevada

shall not be subject to any order issued under this section.’’.

SEC. 761. Notwithstanding any other provision of law, the

City of Olean, New York, shall be eligible for grants and loans

administered by the Rural Utilities Service.

SEC. 762. Notwithstanding any other provision of law, the

Municipality of Carolina, Puerto Rico shall be eligible for grants

and loans administered by the Rural Utilities Service.

SEC. 763. Section 1232(a) of the Food Security Act of 1985

(16 U.S.C. 3832(a)) is amended—

(1) in paragraph (9), by adding ‘‘and’’ after the semicolon

at the end;

(2) in paragraph (10), by striking ‘‘; and’’ and inserting

a period; and

(3) by striking paragraph (11).

SEC. 764. None of the funds made available by this or any

other Act shall be used to implement Notice CRP–338, issued by

the Farm Service Agency on March 10, 1999, nor shall funds be
H. R. 1906—40

used to implement any related administrative action including

implementation of such procedures published in Farm Service

Agency program manuals: Provided, That rental payments for any

lands enrolled in the Conservation Reserve Program under this

section shall be reduced by an amount equal to the Federal cost

of any remaining value of a federally cost-shared conservation practice as determined by the Secretary.

SEC. 765. None of the funds made available by this or any

other Act shall be used to implement Notice CRP–327, issued by

the Farm Service Agency on October 26, 1998, nor shall funds

be used to implement any related administrative action including

implementation of such procedures published in Farm Service

Agency program manuals: Provided, That this section shall not

apply to any lands for which there is not full compliance with

the conservation practices required under terms of the CRP contract.

SEC. 766. The Federal facility located in Riverside, California,

and known as the ‘‘U.S. Salinity Laboratory’’, shall be known and

designated as the ‘‘George E. Brown, Jr., Salinity Laboratory’’:

Provided, That any reference in any law, map, regulation, document,

paper, or other record of the United States to such Federal facility

shall be deemed to be a reference to the ‘‘George E. Brown, Jr.,

Salinity Laboratory’’.

SEC. 767. Sections 657, 658, 1006, and 1014 of title 18, United

States Code, are amended by—

(1) inserting ‘‘or successor agency’’ after ‘‘Farmers Home

Administration’’ each place it appears; and

(2) inserting ‘‘or successor agency’’ after ‘‘Rural Development Administration’’ each place it appears.

SEC. 768. Notwithstanding any other provision of law, the

maximum income limits established for single family housing for

families and individuals in the high cost areas of Alaska shall

be 150 percent of the State metropolitan income level for Alaska.

SEC. 769. Section 1232(a)(7) of the Food Security Act of 1985

is amended—

(1) by striking ‘‘except that the Secretary may permit harvesting’’ and inserting ‘‘except that the Secretary—

‘‘(A) may permit—

‘‘(i) harvesting’’;

(2) by striking ‘‘emergency, and the Secretary may permit

limited’’ and inserting ‘‘emergency; and

‘‘(ii) limited’’;

(3) by inserting ‘‘and’’ after the semicolon at the end; and

(4) by adding at the end the following:

‘‘(B) shall approve not more than six projects, no more

than one of which may be in any State, under which

land subject to the contract may be harvested for recovery

of biomass used in energy production if—

‘‘(i) no acreage subject to the contract is harvested

more than once every other year;

‘‘(ii) not more than 25 percent of the total acreage

enrolled in the program under this subchapter in any

crop reporting district (as designated by the Secretary),

is harvested in any 1 year;

‘‘(iii) no portion of the crop is used for any commercial purpose other than energy production from biomass;
H. R. 1906—41

‘‘(iv) no wetland, or acreage of any type enrolled

in a partial field conservation practice (including

riparian forest buffers, filter strips, and buffer strips),

is harvested;

‘‘(v) the owner or operator agrees to a payment

reduction under this section in an amount determined

by the Secretary.

‘‘(C) the total acres for all of the projects shall not

exceed 250,000 acres.’’.

TITLE VIII—EMERGENCY AND DISASTER ASSISTANCE FOR PRODUCERS

Subtitle A—Crop and Market Loss

Assistance

SEC. 801. CROP LOSS ASSISTANCE.

(a) IN GENERAL.—The Secretary of Agriculture (referred to

in this title as the ‘‘Secretary’’) shall use $1,200,000,000 of funds

of the Commodity Credit Corporation to make emergency financial

assistance available to producers on a farm that have incurred

losses in a 1999 crop due to a disaster, as determined by the

Secretary.

(b) ADMINISTRATION.—The Secretary shall make assistance

available under this section in the same manner as provided under

section 1102 of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 1999 (7

U.S.C. 1421 note; Public Law 105–277), including using the same

loss thresholds as were used in administering that section.

(c) QUALIFYING LOSSES.—Assistance under this section may

be made for losses associated with crops that are, as determined

by the Secretary—

(1) quantity losses;

(2) quality losses; or

(3) severe economic losses due to damaging weather or

related condition.

(d) CROPS COVERED.—Assistance under this section shall be

applicable to losses for all crops (including losses of trees from

which a crop is harvested, livestock, and fisheries), as determined

by the Secretary, due to disasters.

(e) CROP INSURANCE.—In carrying out this section, the Secretary shall not discriminate against or penalize producers on a

farm that have purchased crop insurance under the Federal Crop

Insurance Act (7 U.S.C. 1501 et seq.).

(f ) RICE LOAN DEFICIENCY PAYMENTS.—In the case of producers

of the 1999 crop of rice that harvested such rice on or before

August 4, 1999, the Secretary may use funds made available under

this section to—

(1) make loan deficiency payments to producers that

received, or that were eligible to receive, such payments under

section 135 of the Agricultural Market Transition Act (7 U.S.C.

7235) in a manner that results in the same total payment

that would have been made if the payment had been requested

by the producers on August 5, 1999; and
H. R. 1906—42

(2) recalculate any repayment made for a marketing assistance loan for the 1999 crop of rice on or before August 4,

1999, as if the repayment had been made on August 5, 1999.

(g) HONEY RECOURSE LOANS.— (1) IN GENERAL.—Notwithstanding any other provision of

law, in order to assist producers of honey to market their

honey in an orderly manner during a period of disastrously

low prices, the Secretary may use funds made available under

this section to make available recourse loans to producers of

the 1999 crop of honey on fair and reasonable terms and conditions, as determined by the Secretary.

(2) LOAN RATE.—The loan rate of the loans shall be 85

percent of the average price of honey during the 5-crop year

period preceding the 1999 crop year, excluding the crop year

in which the average price of honey was the highest and the

crop year in which the average price of honey was the lowest

in the period.

(h) RECOURSE LOANS FOR MOHAIR.— (1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, during fiscal year 2000,

the Secretary may use funds made available under this section

to make recourse loans available in accordance with section

137(c) of the Agricultural Market Transition Act (7 U.S.C.

7237(c)) to producers of mohair produced during or before that

fiscal year.

(2) INTEREST.—Section 137(c)(4) of that Act shall not apply

to a loan made under paragraph (1).

SEC. 802. MARKET LOSS ASSISTANCE.

(a) ASSISTANCE AUTHORIZED.—The Secretary shall use not more than $5,544,453,000 of funds of the Commodity Credit Corporation

to provide assistance to owners and producers on a farm that

are eligible for final payments for fiscal year 1999 under a production flexibility contract for the farm under the Agricultural Market

Transition Act (7 U.S.C. 7201 et seq.).

(b) AMOUNT.—The amount of assistance made available to

owners and producers on a farm under this section shall be proportionate to the amount of the contract payment received by the

owners and producers for fiscal year 1999 under a production flexibility contract for the farm under the Agricultural Market Transition Act.

(c) PROTECTION OF TENANTS AND SHARECROPPERS; SHARING OF

PAYMENTS.—Sections 111(c) and 114(g) of the Agricultural Market

Transition Act (7 U.S.C. 7211(c), 7214(g)) shall apply to the payments made under subsection (a).

SEC. 803. SPECIALTY CROPS.

(a) PEANUTS.— (1) IN GENERAL.—The Secretary shall use such amounts

as are necessary of funds of the Commodity Credit Corporation

to provide payments to producers of quota peanuts or additional

peanuts to partially compensate the producers for continuing

low commodity prices, and increasing costs of production, for

the 1999 crop year.

(2) AMOUNT.—The amount of a payment made to producers

on a farm of quota peanuts or additional peanuts under paragraph (1) shall be equal to the product obtained by

multiplying—
H. R. 1906—43

(A) the quantity of quota peanuts or additional peanuts

produced or considered produced by the producers; and

(B) an amount equal to 5 percent of the loan rate

established for quota peanuts or additional peanuts, respectively, under section 155 of the Agricultural Market Transition Act (7 U.S.C. 7271).

(b) CONDITION ON PAYMENT OF SALARIES AND EXPENSES.—None

of the funds appropriated or otherwise made available by this

Act or any other Act may be used to pay the salaries and expenses

of personnel of the Department of Agriculture to carry out or

enforce section 156(f ) of the Agricultural Market Transition Act

(7 U.S.C. 7272(f )) through fiscal year 2001.

(c) TOBACCO.—

(1) IN GENERAL.—The Secretary shall use $328,000,000

of funds of the Commodity Credit Corporation to make payments to States on behalf of persons described in paragraph

(2) for the reduction in the quantity of quota allotted to certain

farms under part I of subtitle B of title III of the Agricultural

Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) from the 1998

crop year to the 1999 crop year.

(2) ELIGIBLE PERSONS.—To be eligible to receive a payment

under paragraphs (1) through (5), a person must own or operate,

or produce tobacco on, a farm—

(A) for which the quantity of quota allotted to the

farm under part I of subtitle B of title III of the Agricultural

Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) was reduced

from the 1998 crop year to the 1999 crop year; and

(B) that was used for the production of tobacco during

the 1998 or 1999 crop year.

(3) ALLOCATION TO STATES.—The Secretary shall allocate

funds made available under paragraph (1) to States with

eligible persons described in paragraph (2) in proportion to

the relative quantity of quota allotted to farms in the States

that was reduced from the 1998 crop year to the 1999 crop

year.

(4) DISTRIBUTION BY STATES.— (A) IN GENERAL.—In the case of a State described

in paragraph (3) that is a party to the National Tobacco

Grower Settlement Trust, the State shall distribute funds

made available under paragraph (3) to eligible persons

in the State in accordance with the formulas established

pursuant to the Trust.

(B) OTHER STATES.—Subject to the approval of the

Secretary, in the case of a State described in paragraph

(3) that is not a party to the National Tobacco Grower

Settlement Trust, the State shall distribute funds made

available under paragraph (3) to eligible persons in the

State in a manner determined by the State.

(5) ALTERNATIVE DISTRIBUTION.—In lieu of making payments under this subsection to States, the Secretary may distribute funds directly to eligible persons using the facilities

of private disbursing agents, facilities of the Farm Service

Agency, or other available facilities.

(6) FLUE-CURED TOBACCO.—

(A) LIMITATION ON QUANTITY OF ALLOTMENT LEASED

OR SOLD.—Section 316(e) of the Agricultural Adjustment

Act of 1938 (7 U.S.C. 1316(e)) is amended—
H. R. 1906—44

(i) in paragraph (1), by striking ‘‘farm or, in’’ and

all that follows through ‘‘: Provided, That in’’ and

inserting ‘‘farm. In’’;

(ii) by redesignating paragraph (2) as paragraph

(3); and

(iii) by inserting after paragraph (1) the following:

‘‘(2) Paragraph (1) shall not apply to flue-cured tobacco.’’.

(B) TRANSFERS OF QUOTA OR ALLOTMENT ACROSS

COUNTY LINES IN A STATE.—Section 316(g) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b(g)) is

amended by adding at the end the following:

‘‘(3) TRANSFERS ALLOWED BY REFERENDUM.—

‘‘(A) REFERENDUM.—On the request of at least 25 percent of the active flue-cured tobacco producers within a

State, the Secretary shall conduct a referendum of the

active flue-cured tobacco producers within the State to

determine whether the producers favor or oppose permitting the sale of a flue-cured tobacco allotment or quota

from a farm in a State to any other farm in the State.

‘‘(B) APPROVAL.—If the Secretary determines that a

majority of the active flue-cured tobacco producers voting

in the referendum approves permitting the sale of a fluecured tobacco allotment or quota from a farm in the State

to any other farm in the State, the Secretary shall permit

the sale of a flue-cured tobacco allotment or quota from

a farm in the State to any other farm in the State.’’.

(C) SAME GROWER IN CONTIGUOUS COUNTIES.—Section

379(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C.

1379(b)) is amended by inserting ‘‘or flue-cured’’ after

‘‘Burley’’.

SEC. 804. OILSEEDS.

(a) IN GENERAL.—The Secretary shall use $475,000,000 of funds

of the Commodity Credit Corporation to make payments to producers of the 1999 crop of oilseeds that are eligible to obtain

a marketing assistance loan under section 131 of the Agricultural

Market Transition Act (7 U.S.C. 7231).

(b) COMPUTATION.—A payment to producers on a farm under

this section for an oilseed shall be equal to the product obtained

by multiplying—

(1) a payment rate determined by the Secretary;

(2) the acreage of the producers on the farm for the oilseed,

as determined under subsection (c); and

(3) the yield of the producers on the farm for the oilseed,

as determined under subsection (d).

(c) ACREAGE.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

acreage of the producers on the farm for an oilseed under

subsection (b)(2) shall be equal to the greater of—

(A) the number of acres planted to the oilseed by

the producers on the farm during the 1997 crop year,

as reported by the producers on the farm to the Secretary

(including any acreage reports that are filed late); or

(B) the number of acres planted to the oilseed by

the producers on the farm during the 1998 crop year,

as reported by the producers on the farm to the Secretary

(including any acreage reports that are filed late).
H. R. 1906—45

(2) NEW PRODUCERS.—In the case of producers on a farm

that planted acreage to an oilseed during the 1999 crop year

but not the 1997 or 1998 crop year, the acreage of the producers

for the oilseed under subsection (b)(2) shall be equal to the

number of acres planted to the oilseed by the producers on

the farm during the 1999 crop year, as reported by the producers on the farm to the Secretary (including any acreage

reports that are filed late).

(d) YIELD.— (1) SOYBEANS.—Except as provided in paragraph (3), in

the case of soybeans, the yield of the producers on a farm

under subsection (b)(3) shall be equal to the greatest of—

(A) the average county yield per harvested acre for

each of the 1994 through 1998 crop years, excluding the

crop year with the highest yield per harvested acre and

the crop year with the lowest yield per harvested acre;

(B) the actual yield of the producers on the farm for

the 1997 crop year; or

(C) the actual yield of the producers on the farm for

the 1998 crop year.

(2) OTHER OILSEEDS.—Except as provided in paragraph

(3), in the case of oilseeds other than soybeans, the yield of

the producers on a farm under subsection (b)(3) shall be equal

to the greatest of—

(A) the average national yield per harvested acre for

each of the 1994 through 1998 crop years, excluding the

crop year with the highest yield per harvested acre and

the crop year with the lowest yield per harvested acre;

(B) the actual yield of the producers on the farm for

the 1997 crop year; or

(C) the actual yield of the producers on the farm for

the 1998 crop year.

(3) NEW PRODUCERS.—In the case of producers on a farm

that planted acreage to an oilseed during the 1999 crop year

but not the 1997 or 1998 crop year, the yield of the producers

on a farm under subsection (b)(3) shall be equal to the greater

of—

(A) the average county yield per harvested acre for

each of the 1994 through 1998 crop years, excluding the

crop year with the highest yield per harvested acre and

the crop year with the lowest yield per harvested acre;

or

(B) the actual yield of the producers on the farm for

the 1999 crop.

(4) DATA SOURCE.—To the maximum extent available, the

Secretary shall use data provided by the National Agricultural

Statistics Service to carry out this subsection.

SEC. 805. LIVESTOCK AND DAIRY.

The Secretary shall use $325,000,000 of funds of the Commodity

Credit Corporation to provide assistance directly to livestock and

dairy producers, in a manner determined appropriate by the Secretary, to compensate the producers for economic losses incurred

during 1999.

SEC. 806. UPLAND COTTON.

(a) IN GENERAL.—Section 136(a) of the Agricultural Market

Transition Act (7 U.S.C. 7236(a)) is amended—
H. R. 1906—46

(1) in paragraph (1), by striking ‘‘or cash payments’’ and

inserting ‘‘or cash payments, at the option of the recipient,’’;

(2) by striking ‘‘3 cents per pound’’ each place it appears

and inserting ‘‘1.25 cents per pound’’;

(3) in paragraph (3)—

(A) in the first sentence of subparagraph (A), by

striking ‘‘owned by the Commodity Credit Corporation in

such manner, and at such price levels, as the Secretary

determines will best effectuate the purposes of cotton user

marketing certificates’’ and inserting ‘‘owned by the Commodity Credit Corporation or pledged to the Commodity

Credit Corporation as collateral for a loan in such manner,

and at such price levels, as the Secretary determines will

best effectuate the purposes of cotton user marketing certificates, including enhancing the competitiveness and

marketability of United States cotton’’; and

(B) in subparagraph (B), by striking the second sentence; and

(4) by striking paragraph (4).

(b) ENSURING THE AVAILABILITY OF UPLAND COTTON.—Section

136(b) of the Agricultural Market Transition Act (7 U.S.C. 7236(b))

is amended—

(1) by striking paragraph (1) and inserting the following:

‘‘(1) ESTABLISHMENT.—

‘‘(A) IN GENERAL.—The President shall carry out an

import quota program during the period ending July 31,

2003, as provided in this subsection.

‘‘(B) PROGRAM REQUIREMENTS.—Except as provided in

subparagraph (C), whenever the Secretary determines and

announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the

lowest-priced United States growth, as quoted for Middling

(M) 13⁄32-inch cotton, delivered C.I.F. Northern Europe,

adjusted for the value of any certificate issued under subsection (a), exceeds the Northern Europe price by more

than 1.25 cents per pound, there shall immediately be

in effect a special import quota.

‘‘(C) TIGHT DOMESTIC SUPPLY.—During any month for

which the Secretary estimates the season-ending United

States upland cotton stocks-to-use ratio, as determined

under subparagraph (D), to be below 16 percent, the Secretary, in making the determination under subparagraph

(B), shall not adjust the Friday through Thursday average

price quotation for the lowest-priced United States growth,

as quoted for Middling (M) 13⁄32-inch cotton, delivered C.I.F.

Northern Europe, for the value of any certificates issued

under subsection (a).

‘‘(D) SEASON-ENDING UNITED STATES STOCKS-TO-USE

RATIO.—For the purposes of making estimates under

subparagraph (C), the Secretary shall, on a monthly basis,

estimate and report the season-ending United States

upland cotton stocks-to-use ratio, excluding projected raw

cotton imports but including the quantity of raw cotton

that has been imported into the United States during the

marketing year.’’; and

(2) by adding at the end the following:
H. R. 1906—47

‘‘(7) LIMITATION.—The quantity of cotton entered into the

United States during any marketing year under the special

import quota established under this subsection may not exceed

the equivalent of 5 week’s consumption of upland cotton by

domestic mills at the seasonally adjusted average rate of the

3 months immediately preceding the first special import quota

established in any marketing year.’’.

SEC. 807. MILK.

(a) IN GENERAL.—Section 141 of the Agricultural Market

Transition Act (7 U.S.C. 7251) is amended—

(1) in subsection (b)(4), by striking ‘‘calendar year 1999’’

and inserting ‘‘each of calendar years 1999 and 2000’’; and

(2) in subsection (h), by striking ‘‘1999’’ each place it

appears and inserting ‘‘2000’’.

(b) CONFORMING AMENDMENT.—Section 142(e) of the Agricultural Market Transition Act (7 U.S.C. 7252(e)) is amended by

striking ‘‘2000’’ and inserting ‘‘2001’’.

Subtitle B—Other Assistance

SEC. 811. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING

PAYMENTS UNDER PRODUCTION FLEXIBILITY CONTRACTS.

Section 112(d)(3) of the Agricultural Market Transition Act

(7 U.S.C. 7212(d)(3)) is amended—

(1) in the paragraph heading, by striking ‘‘FOR FISCAL YEAR

1999’’; and

(2) by striking ‘‘for fiscal year 1999’’ and inserting ‘‘for

any of fiscal years 1999 through 2002’’.

SEC. 812. COMMODITY CERTIFICATES.

Subtitle E of the Agricultural Market Transition Act (7 U.S.C.

7281 et seq.) is amended by adding at the end the following:

‘‘SEC. 166. COMMODITY CERTIFICATES.

‘‘(a) IN GENERAL.—In making in-kind payments under subtitle

C, the Commodity Credit Corporation may—

‘‘(1) acquire and use commodities that have been pledged

to the Commodity Credit Corporation as collateral for loans

made by the Corporation;

‘‘(2) use other commodities owned by the Commodity Credit

Corporation; and

‘‘(3) redeem negotiable marketing certificates for cash under

terms and conditions established by the Secretary.

‘‘(b) METHODS OF PAYMENT.—The Commodity Credit Corporation may make in-kind payments—

‘‘(1) by delivery of the commodity at a warehouse or other

similar facility;

‘‘(2) by the transfer of negotiable warehouse receipts;

‘‘(3) by the issuance of negotiable certificates, which the

Commodity Credit Corporation shall exchange for a commodity

owned or controlled by the Corporation in accordance with

regulations promulgated by the Corporation; or

‘‘(4) by such other methods as the Commodity Credit Corporation determines appropriate to promote the efficient, equitable, and expeditious receipt of the in-kind payments so that
H. R. 1906—48

a person receiving the payments receives the same total return

as if the payments had been made in cash.

‘‘(c) ADMINISTRATION.—

‘‘(1) FORM.—At the option of a producer, the Commodity

Credit Corporation shall make negotiable certificates authorized

under subsection (b)(3) available to the producer, in the form

of program payments or by sale, in a manner that the Corporation determines will encourage the orderly marketing of

commodities pledged as collateral for loans made to producers

under subtitle C.

‘‘(2) TRANSFER.—A negotiable certificate issued in accordance with this subsection may be transferred to another person

in accordance with regulations promulgated by the Secretary.’’.

SEC. 813. LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFICIENCY PAYMENTS.

(a) IN GENERAL.—Notwithstanding section 1001(2) of the Food

Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the

payments specified in section 1001(3) of that Act that a person

shall be entitled to receive under the Agricultural Market Transition

Act (7 U.S.C. 7201 et seq.) for one or more contract commodities

and oilseeds produced during the 1999 crop year may not exceed

$150,000.

(b) 1999 MARKETINGS.—In carrying out subsection (a), the Secretary shall allow a producer that has marketed a quantity of

an eligible 1999 crop for which the producer has not received

a loan deficiency payment or marketing loan gain under section

134 or 135 of the Agricultural Market Transition Act (7 U.S.C.

7234, 7235) to receive such payment or gain as of the date on

which the quantity was marketed or redeemed, as determined by

the Secretary.

SEC. 814. ASSISTANCE FOR PURCHASE OF ADDITIONAL CROP INSURANCE COVERAGE.

The Secretary shall transfer $400,000,000 of funds of the Commodity Credit Corporation to the Federal Crop Insurance Corporation to be used to assist agricultural producers in purchasing additional coverage for the 2000 crop year under the Federal Crop

Insurance Act (7 U.S.C. 1501 et seq.).

SEC. 815. FORGIVENESS OF CERTAIN WATER AND WASTE DISPOSAL

LOANS.

The Secretary shall forgive the principal indebtedness and

accrued interest owed by the City of Stroud, Oklahoma, to the

Rural Utilities Service on water and waste disposal loans numbered

9105 and 9107.

SEC. 816. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.

(a) DEFINITIONS.—Section 375(a) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 2008j(a)) is amended by adding

at the end the following:

‘‘(5) INTERMEDIARY.—The term ‘intermediary’ means a

financial institution receiving Center funds for establishing a

revolving fund and relending to an eligible entity.’’.

(b) REVOLVING FUND.—Section 375(e) of the Consolidated Farm

and Rural Development Act (7 U.S.C. 2008j(e)) is amended—

(1) in paragraph (3)—
H. R. 1906—49

(A) by striking subparagraph (A) and inserting the

following:

‘‘(A) IN GENERAL.—The Center may use amounts in

the Fund to make direct loans, loan guarantees, cooperative

agreements, equity interests, investments, repayable

grants, and grants to eligible entities, either directly or

through an intermediary, in accordance with a strategic

plan submitted under subsection (d).’’;

(B) in subparagraph (B), by adding at the end the

following: ‘‘The Fund is intended to furnish the initial

capital for a revolving fund that will eventually be

privatized for the purposes of assisting the United States

sheep and goat industries.’’;

(C) by striking subparagraph (D);

(D) by striking subparagraph (E) and inserting the

following:

‘‘(E) ADMINISTRATION.—The Center may not use more

than 3 percent of the amounts in the portfolio of the Center

for each fiscal year for the administration of the Center.

The portfolio shall be calculated at the beginning of each

fiscal year and shall include a total of—

‘‘(i) all outstanding loan balances;

‘‘(ii) the Fund balance;

‘‘(iii) the outstanding balance to intermediaries;

and

‘‘(iv) the amount the Center paid for all equity

interests.’’;

(E) in subparagraph (H)—

(i) in clause (v), by striking ‘‘or’’ at the end;

(ii) in clause (vi), by striking the period at the

end and inserting ‘‘; or’’; and

(iii) by adding at the end the following:

‘‘(vii) purchase equity interests.’’; and

(F) by redesignating subparagraphs (E) through (H)

as subparagraphs (D) through (G), respectively; and

(2) in paragraph (6), by striking subparagraph (D).

(c) BOARD OF DIRECTORS.—Section 375(f ) of the Consolidated

Farm and Rural Development Act (7 U.S.C. 2008j(f )) is amended—

(1) in paragraph (2), by striking subparagraph (B) and

inserting the following:

‘‘(B) review any contract, direct loan, loan guarantee,

cooperative agreement, equity interest, investment, repayable grant, and grant to be made or entered into by the

Center and any financial assistance provided to the

Center;’’;

(2) in paragraph (5), by striking subparagraph (C) and

inserting the following:

‘‘(C) REAPPOINTMENT.—A voting member may be reappointed for not more than one additional term.’’; and

(3) in paragraph (6), by striking subparagraph (B) and

inserting the following:

‘‘(B) REAPPOINTMENT.—A voting member appointed to

fill a vacancy for an unexpired term may be reappointed

for one full term.’’.

(d) PRIVATIZATION.—Section 375 of the Consolidated Farm and

Rural Development Act (7 U.S.C. 2008j) is amended by adding

at the end the following:
H. R. 1906—50

‘‘( j) PRIVATIZATION.—

‘‘(1) IN GENERAL.—Privatization of a revolving fund for

the purposes of assisting the United States sheep and goat

industries shall occur on the earlier of—

‘‘(A) September 30, 2006; or

‘‘(B) the date as of which a total of $30,000,000 has

been appropriated for the Center under subsection (e)(6)(C).

‘‘(2) PRIVATIZATION PROPOSAL.—On privatization of a

revolving fund in accordance with paragraph (1), the Board

shall submit to the Secretary, for approval, a privatization

proposal that—

‘‘(A) delineates a private successor entity to the Center;

and

‘‘(B) establishes a transition plan.

‘‘(3) PRIVATE SUCCESSOR ENTITY.—The private successor

entity shall—

‘‘(A) have the purposes described in subsection (c);

‘‘(B) be organized under the laws of one of the States;

and

‘‘(C) be able to continue the activities of the Center.

‘‘(4) TRANSITION PLAN.—The transition plan shall—

‘‘(A) identify any continuing role of the Federal Government with respect to the Center;

‘‘(B) provide for the transfer of all Center assets and

liabilities to the private successor entity; and

‘‘(C) delineate the status of the Board and employees

of the Center.

‘‘(5) IMPLEMENTATION.— ‘‘(A) IN GENERAL.—On approval by the Secretary of

the private successor entity and the transition plan, the

Center shall create the private successor entity and implement the transition plan.

‘‘(B) AUTHORITY.—The Secretary shall have all necessary authority to implement the transition plan.

‘‘(6) TRANSFER OF FUNDS.—On creation of the private successor entity, all funds held by the Department of the Treasury

pursuant to this section shall be transferred to the private

successor entity.

‘‘(7) REPEAL.—On the date the Secretary publishes notice

in the Federal Register that the transition plan is complete,

this section is repealed.’’.

SEC. 817. FISHERIES.

(a) NORTON SOUND FISHERIES FAILURE.— (1) INCOME ELIGIBILITY.—Section 763(a) of the Agriculture,

Rural Development, Food and Drug Administration, and

Related Agencies Appropriations Act, 1999 (112 Stat. 2681–

36), is amended by striking ‘‘federal poverty level’’ and inserting

‘‘income eligibility level established for Alaska under the temporary assistance to needy families (TANF) program funded

under part A of title IV of the Social Security Act (42 U.S.C.

601 et seq.)’’.

(2) EMERGENCY ASSISTANCE.—Section 1124 of the Agriculture, Rural Development, Food and Drug Administration,

and Related Agencies Appropriations Act, 1999 (112 Stat. 2681–

45), is amended by inserting before the period at the end

the following: ‘‘or a fisheries failure in the Norton Sound region
H. R. 1906—51

of Alaska that has resulted in the closure of commercial and

subsistence fisheries to persons that depend on fish as their

primary source of food and income’’.

(3) APPROPRIATION.—

(A) IN GENERAL.—In addition to amounts appropriated

or otherwise made available by this Act, there is appropriated to the Department of Agriculture for fiscal year

2001, out of any money in the Treasury not otherwise

appropriated, $15,000,000, to remain available until

expended, to provide emergency disaster assistance to persons or entities affected by the 1999 fisheries failure in

the Norton Sound region of Alaska.

(B) TRANSFER.—To carry out this paragraph, the Secretary shall transfer to the Secretary of Commerce for

obligation and expenditure—

(i) $10,000,000 for fiscal year 2001 for grants under

section 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149); and

(ii) $5,000,000 for fiscal year 2001 for carrying

out section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a).

(b) COMMERCIAL FISHERIES FAILURE.—

(1) IN GENERAL.—In addition to amounts appropriated or

otherwise made available by this Act, there is appropriated

to the Department of Agriculture for fiscal year 2001, out

of any money in the Treasury not otherwise appropriated,

$15,000,000, to remain available until expended, which shall

be transferred to the Department of Commerce to provide emergency disaster assistance for the commercial fishery failure

under section 308(b)(1) of the Interjurisdictional Fisheries Act

of 1986 (16 U.S.C. 4107(b)(1)) with respect to Northeast multispecies fisheries.

(2) USE.—Amounts made available under this subsection

shall be used to support cooperative research and management

activities administered by the National Marine Fisheries Services and based on recommendations by the New England

Fishery Management Council.

SEC. 818. SENSE OF THE CONGRESS REGARDING FAST-TRACK

AUTHORITY AND FUTURE WORLD TRADE ORGANIZATION

NEGOTIATIONS.

It is the sense of the Congress that—

(1) the President should make a formal request for appropriate fast-track authority for future United States trade negotiations;

(2) regarding future World Trade Organization

negotiations—

(A) rules for trade in agricultural commodities should

be strengthened and trade-distorting import and export

practices should be eliminated or substantially reduced;

(B) the rules of the World Trade Organization should

be strengthened regarding the practices or policies of a

foreign government that unreasonably—

(i) restrict market access for products of new technologies, including products of biotechnology; or
H. R. 1906—52

(ii) delay or preclude implementation of a report

of a dispute panel of the World Trade Organization;

and

(C) negotiations within the World Trade Organization

should be structured so as to provide the maximum leverage possible to ensure the successful conclusion of negotiations on agricultural products;

(3) the President should—

(A) conduct a comprehensive evaluation of all existing

export and food aid programs, including—

(i) the export credit guarantee program established

under section 202 of the Agricultural Trade Act of

1978 (7 U.S.C. 5622);

(ii) the market access program established under

section 203 of that Act (7 U.S.C. 5623);

(iii) the export enhancement program established

under section 301 of that Act (7 U.S.C. 5651);

(iv) the foreign market development cooperator

program established under section 702 of that Act (7

U.S.C. 5722); and

(v) programs established under the Agricultural

Trade Development and Assistance Act of 1954 (7

U.S.C. 1691 et seq.); and

(B) transmit to Congress—

(i) the results of the evaluation under subparagraph (A); and

(ii) recommendations on maximizing the effectiveness of the programs described in subparagraph (A);

and

(4) the Secretary should carry out a purchase and donation

or concessional sales initiative in each of fiscal years 1999

and 2000 to promote the export of additional quantities of

soybeans, beef, pork, poultry, and products of such commodities

(including soybean meal, soybean oil, textured vegetable protein, and soy protein concentrates and isolates) using programs

established under—

(A) the Commodity Credit Corporation Charter Act

(15 U.S.C. 714 et seq.);

(B) section 416 of the Agricultural Act of 1949 (7 U.S.C.

1431);

(C) titles I and II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.);

and

(D) the Food for Progress Act of 1985 (7 U.S.C. 1736o).

Subtitle C—Administration

SEC. 821. COMMODITY CREDIT CORPORATION.

The Secretary shall use the funds, facilities, and authorities

of the Commodity Credit Corporation to carry out this title.

SEC. 822. ADMINISTRATIVE COSTS.

(a) RESERVATION OF FUNDS.—Subject to subsections (b) and

(c), the Secretary may reserve up to $56,000,000 of the amounts

made available under subtitle A to cover administrative costs
H. R. 1906—53

incurred by the Farm Service Agency directly related to carrying

out that subtitle.

(b) PROPORTIONAL RESERVATION.—The amount reserved by the

Secretary from the amounts made available under each section

of subtitle A (other than section 802) shall bear the same proportion

to the total amount reserved under subsection (a) as the administrative costs incurred by the Farm Service Agency to carry out that

section (other than section 802) bear to the total administrative

costs incurred by the Farm Service Agency to carry out that subtitle

(other than section 802).

(c) EXCEPTION FOR MARKET LOSS ASSISTANCE.—The Secretary

may not reserve any portion of the amount made available under

section 802 to pay administrative costs.

SEC. 823. EMERGENCY REQUIREMENT.

The entire amount necessary to carry out this title and the

amendments made by this title shall be available only to the extent

that an official budget request for the entire amount, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency

Deficit Control Act of 1985, as amended, is transmitted by the

President to the Congress: Provided, That the entire amount is

designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of such Act.

SEC. 824. REGULATIONS.

(a) PROMULGATION.—As soon as practicable after the date of

the enactment of this Act, the Secretary and the Commodity Credit

Corporation, as appropriate, shall promulgate such regulations as

are necessary to implement subtitle A and the amendments made

by subtitle A. The promulgation of the regulations and administration of subtitle A shall be made without regard to—

(1) the notice and comment provisions of section 553 of

title 5, United States Code;

(2) the Statement of Policy of the Secretary of Agriculture

effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices

of proposed rulemaking and public participation in rulemaking;

and

(3) chapter 35 of title 44, United States Code (commonly

known as the ‘‘Paperwork Reduction Act’’).

(b) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary shall use the authority provided

under section 808 of title 5, United States Code.

SEC. 825. LIVESTOCK AND DAIRY ASSISTANCE.

(a) LIVESTOCK ASSISTANCE.—Of the funds provided in sections

801 and 805, no less than $200,000,000 shall be in the form of

assistance to livestock producers for losses due to drought or other

natural disasters.

(b) DAIRY ASSISTANCE.—Of the funds provided in section 805,

no less than $125,000,000 shall be in the form of assistance to

dairy producers.

(c) FORM OF ASSISTANCE.—Assistance for livestock losses shall

be in the form of grants and or other in-kind assistance, but

shall not include loans.
H. R. 1906—54

TITLE IX—LIVESTOCK MANDATORY

REPORTING

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Livestock Mandatory Reporting

Act of 1999’’.

Subtitle A—Livestock Mandatory

Reporting

SEC. 911. LIVESTOCK MANDATORY REPORTING.

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et

seq.) is amended—

(1) by inserting before section 202 (7 U.S.C. 1621) the

following:

‘‘Subtitle A—General Provisions’’;

and

(2) by adding at the end the following:

‘‘Subtitle B—Livestock Mandatory

Reporting

‘‘CHAPTER 1—PURPOSE; DEFINITIONS

‘‘SEC. 211. PURPOSE.

‘‘The purpose of this subtitle is to establish a program of

information regarding the marketing of cattle, swine, lambs, and

products of such livestock that—

‘‘(1) provides information that can be readily understood

by producers, packers, and other market participants, including

information with respect to the pricing, contracting for purchase, and supply and demand conditions for livestock, livestock

production, and livestock products;

‘‘(2) improves the price and supply reporting services of

the Department of Agriculture; and

‘‘(3) encourages competition in the marketplace for livestock

and livestock products.

‘‘SEC. 212. DEFINITIONS.

‘‘In this subtitle:

‘‘(1) BASE PRICE.—The term ‘base price’ means the price

paid for livestock, delivered at the packing plant, before application of any premiums or discounts, expressed in dollars per

hundred pounds of carcass weight.

‘‘(2) BASIS LEVEL.—The term ‘basis level’ means the agreedon adjustment to a future price to establish the final price

paid for livestock.

‘‘(3) CURRENT SLAUGHTER WEEK.—The term ‘current

slaughter week’ means the period beginning Monday, and

ending Sunday, of the week in which a reporting day occurs.
H. R. 1906—55

‘‘(4) F.O.B.—The term ‘F.O.B.’ means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer.

‘‘(5) LIVESTOCK.—The term ‘livestock’ means cattle, swine,

and lambs.

‘‘(6) LOT.—The term ‘lot’ means a group of one or more

livestock that is identified for the purpose of a single transaction

between a buyer and a seller.

‘‘(7) MARKETING.—The term ‘marketing’ means the sale

or other disposition of livestock, livestock products, or meat

or meat food products in commerce.

‘‘(8) NEGOTIATED PURCHASE.—The term ‘negotiated purchase’ means a cash or spot market purchase by a packer

of livestock from a producer under which—

‘‘(A) the base price for the livestock is determined

by seller-buyer interaction and agreement on a day; and

‘‘(B) the livestock are scheduled for delivery to the

packer not later than 14 days after the date on which

the livestock are committed to the packer.

‘‘(9) NEGOTIATED SALE.—The term ‘negotiated sale’ means

a cash or spot market sale by a producer of livestock to a

packer under which—

‘‘(A) the base price for the livestock is determined

by seller-buyer interaction and agreement on a day; and

‘‘(B) the livestock are scheduled for delivery to the

packer not later than 14 days after the date on which

the livestock are committed to the packer.

‘‘(10) PRIOR SLAUGHTER WEEK.—The term ‘prior slaughter

week’ means the Monday through Sunday prior to a reporting

day.

‘‘(11) PRODUCER.—The term ‘producer’ means any person

engaged in the business of selling livestock to a packer for

slaughter (including the sale of livestock from a packer to

another packer).

‘‘(12) REPORTING DAY.—The term ‘reporting day’ means a

day on which—

‘‘(A) a packer conducts business regarding livestock

committed to the packer, or livestock purchased, sold, or

slaughtered by the packer;

‘‘(B) the Secretary is required to make information

concerning the business described in subparagraph (A)

available to the public; and

‘‘(C) the Department of Agriculture is open to conduct

business.

‘‘(13) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture.

‘‘(14) STATE.—The term ‘State’ means each of the 50 States.

‘‘CHAPTER 2—CATTLE REPORTING

‘‘SEC. 221. DEFINITIONS.

‘‘In this chapter:

‘‘(1) CATTLE COMMITTED.—The term ‘cattle committed’

means cattle that are scheduled to be delivered to a packer

within the 7-day period beginning on the date of an agreement

to sell the cattle.
H. R. 1906—56

‘‘(2) CATTLE TYPE.—The term ‘cattle type’ means the

following types of cattle purchased for slaughter:

‘‘(A) Fed steers.

‘‘(B) Fed heifers.

‘‘(C) Fed Holsteins and other fed dairy steers and

heifers.

‘‘(D) Cows.

‘‘(E) Bulls.

‘‘(3) FORMULA MARKETING ARRANGEMENT.—The term ‘formula marketing arrangement’ means the advance commitment

of cattle for slaughter by any means other than through a

negotiated purchase or a forward contract, using a method

for calculating price in which the price is determined at a

future date.

‘‘(4) FORWARD CONTRACT.—The term ‘forward contract’

means—

‘‘(A) an agreement for the purchase of cattle, executed

in advance of slaughter, under which the base price is

established by reference to—

‘‘(i) prices quoted on the Chicago Mercantile

Exchange; or

‘‘(ii) other comparable publicly available prices; or

‘‘(B) such other forward contract as the Secretary determines to be applicable.

‘‘(5) PACKER.—The term ‘packer’ means any person engaged

in the business of buying cattle in commerce for purposes

of slaughter, of manufacturing or preparing meats or meat

food products from cattle for sale or shipment in commerce,

or of marketing meats or meat food products from cattle in

an unmanufactured form acting as a wholesale broker, dealer,

or distributor in commerce, except that—

‘‘(A) the term includes only a cattle processing plant

that is federally inspected;

‘‘(B) for any calendar year, the term includes only

a cattle processing plant that slaughtered an average of

at least 125,000 head of cattle per year during the immediately preceding 5 calendar years; and

‘‘(C) in the case of a cattle processing plant that did

not slaughter cattle during the immediately preceding 5

calendar years, the Secretary shall consider the plant

capacity of the processing plant in determining whether

the processing plant should be considered a packer under

this chapter.

‘‘(6) PACKER-OWNED CATTLE.—The term ‘packer-owned

cattle’ means cattle that a packer owns for at least 14 days

immediately before slaughter.

‘‘(7) TERMS OF TRADE.—The term ‘terms of trade’ includes,

with respect to the purchase of cattle for slaughter—

‘‘(A) whether a packer provided any financing agreement or arrangement with regard to the cattle;

‘‘(B) whether the delivery terms specified the location

of the producer or the location of the packer’s plant;

‘‘(C) whether the producer is able to unilaterally specify

the date and time during the business day of the packer

that the cattle are to be delivered for slaughter; and

‘‘(D) the percentage of cattle purchased by a packer

as a negotiated purchase that are delivered to the plant
H. R. 1906—57

for slaughter more than 7 days, but fewer than 14 days,

after the earlier of—

‘‘(i) the date on which the cattle were committed

to the packer; or

‘‘(ii) the date on which the cattle were purchased

by the packer.

‘‘(8) TYPE OF PURCHASE.—The term ‘type of purchase’, with

respect to cattle, means—

‘‘(A) a negotiated purchase;

‘‘(B) a formula market arrangement; and

‘‘(C) a forward contract.

‘‘SEC. 222. MANDATORY REPORTING FOR LIVE CATTLE.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish a program

of live cattle price information reporting that will—

‘‘(1) provide timely, accurate, and reliable market information;

‘‘(2) facilitate more informed marketing decisions; and

‘‘(3) promote competition in the cattle slaughtering

industry.

‘‘(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS

AND THE SECRETARY.—

‘‘(1) IN GENERAL.—Whenever the prices or quantities of

cattle are required to be reported or published under this

section, the prices or quantities shall be categorized so as

to clearly delineate—

‘‘(A) the prices or quantities, as applicable, of the cattle

purchased in the domestic market; and

‘‘(B) the prices or quantities, as applicable, of imported

cattle.

‘‘(2) PACKER-OWNED CATTLE.—Information required under

this section for packer-owned cattle shall include quantity and

carcass characteristics, but not price.

‘‘(c) DAILY REPORTING.— ‘‘(1) IN GENERAL.—The corporate officers or officially designated representatives of each packer processing plant shall

report to the Secretary at least twice each reporting day

(including once not later than 10:00 a.m. Central Time and

once not later than 2:00 p.m. Central Time) the following

information for each cattle type:

‘‘(A) The prices for cattle (per hundredweight) established on that day, categorized by—

‘‘(i) type of purchase;

‘‘(ii) the quantity of cattle purchased on a live

weight basis;

‘‘(iii) the quantity of cattle purchased on a dressed

weight basis;

‘‘(iv) a range of the estimated live weights of the

cattle purchased;

‘‘(v) an estimate of the percentage of the cattle

purchased that were of a quality grade of choice or

better; and

‘‘(vi) any premiums or discounts associated with—

‘‘(I) weight, grade, or yield; or

‘‘(II) any type of purchase.

‘‘(B) The quantity of cattle delivered to the packer

(quoted in numbers of head) on that day, categorized by—
H. R. 1906—58

‘‘(i) type of purchase;

‘‘(ii) the quantity of cattle delivered on a live weight

basis; and

‘‘(iii) the quantity of cattle delivered on a dressed

weight basis.

‘‘(C) The quantity of cattle committed to the packer

(quoted in numbers of head) as of that day, categorized

by—

‘‘(i) type of purchase;

‘‘(ii) the quantity of cattle committed on a live

weight basis; and

‘‘(iii) the quantity of cattle committed on a dressed

weight basis.

‘‘(D) The terms of trade regarding the cattle, as

applicable.

‘‘(2) PUBLICATION.—The Secretary shall make the information available to the public not less frequently than three

times each reporting day.

‘‘(d) WEEKLY REPORTING.—

‘‘(1) IN GENERAL.—The corporate officers or officially designated representatives of each packer processing plant shall

report to the Secretary, on the first reporting day of each

week, not later than 9:00 a.m. Central Time, the following

information applicable to the prior slaughter week:

‘‘(A) The quantity of cattle purchased through a forward contract that were slaughtered.

‘‘(B) The quantity of cattle delivered under a formula

marketing arrangement that were slaughtered.

‘‘(C) The quantity and carcass characteristics of packerowned cattle that were slaughtered.

‘‘(D) The quantity, basis level, and delivery month for

all cattle purchased through forward contracts that were

agreed to by the parties.

‘‘(E) The range and average of intended premiums

and discounts that are expected to be in effect for the

current slaughter week.

‘‘(2) FORMULA PURCHASES.—The corporate officers or officially designated representatives of each packer processing

plant shall report to the Secretary, on the first reporting day

of each week, not later than 9:00 a.m. Central Time, the following information for cattle purchased through a formula marketing arrangement and slaughtered during the prior slaughter

week:

‘‘(A) The quantity (quoted in both numbers of head

and hundredweights) of cattle.

‘‘(B) The weighted average price paid for a carcass,

including applicable premiums and discounts.

‘‘(C) The range of premiums and discounts paid.

‘‘(D) The weighted average of premiums and discounts

paid.

‘‘(E) The range of prices paid.

‘‘(F) The aggregate weighted average price paid for

a carcass.

‘‘(G) The terms of trade regarding the cattle, as

applicable.

‘‘(3) PUBLICATION.—The Secretary shall make available to

the public the information obtained under paragraphs (1) and
H. R. 1906—59

(2) on the first reporting day of the current slaughter week,

not later than 10:00 a.m. Central Time.

‘‘(e) REGIONAL REPORTING OF CATTLE TYPES.—

‘‘(1) IN GENERAL.—The Secretary shall determine whether

adequate data can be obtained on a regional basis for fed

Holsteins and other fed dairy steers and heifers, cows, and

bulls based on the number of packers required to report under

this section.

‘‘(2) REPORT.—Not later than 2 years after the date of

the enactment of this subtitle, the Secretary shall submit to

the Committee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and Forestry

of the Senate a report on the determination of the Secretary

under paragraph (1).

‘‘SEC. 223. MANDATORY PACKER REPORTING OF BOXED BEEF SALES.

‘‘(a) DAILY REPORTING.—The corporate officers or officially designated representatives of each packer processing plant shall report

to the Secretary at least twice each reporting day (not less than

once before, and once after, 12:00 noon Central Time) information

on total boxed beef sales, including—

‘‘(1) the price for each lot of each negotiated boxed beef

sale (determined by seller-buyer interaction and agreement),

quoted in dollars per hundredweight (on a F.O.B. plant basis);

‘‘(2) the quantity for each lot of each sale, quoted by number

of boxes sold; and

‘‘(3) information regarding the characteristics of each lot

of each sale, including—

‘‘(A) the grade of beef (USDA Choice or better, USDA

Select, or ungraded no-roll product);

‘‘(B) the cut of beef; and

‘‘(C) the trim specification.

‘‘(b) PUBLICATION.—The Secretary shall make available to the

public the information required to be reported under subsection

(a) not less frequently than twice each reporting day.

‘‘CHAPTER 3—SWINE REPORTING

‘‘SEC. 231. DEFINITIONS.

‘‘In this chapter:

‘‘(1) AFFILIATE.—The term ‘affiliate’, with respect to a

packer, means—

‘‘(A) a person that directly or indirectly owns, controls,

or holds with power to vote, 5 percent or more of the

outstanding voting securities of the packer;

‘‘(B) a person 5 percent or more of whose outstanding

voting securities are directly or indirectly owned, controlled,

or held with power to vote, by the packer; and

‘‘(C) a person that directly or indirectly controls, or

is controlled by or under common control with, the packer.

‘‘(2) APPLICABLE REPORTING PERIOD.—The term ‘applicable

reporting period’ means the period of time prescribed by the

prior day report, the morning report, and the afternoon report,

as required under section 232(c).

‘‘(3) BARROW.—The term ‘barrow’ means a neutered male

swine.
H. R. 1906—60

‘‘(4) BASE MARKET HOG.—The term ‘base market hog’ means

a hog for which no discounts are subtracted from and no premiums are added to the base price.

‘‘(5) BRED FEMALE SWINE.—The term ‘bred female swine’

means any female swine, whether a sow or gilt, that has

been mated or inseminated and is assumed, or has been confirmed, to be pregnant.

‘‘(6) FORMULA PRICE.—The term ‘formula price’ means a

price determined by a mathematical formula under which the

price established for a specified market serves as the basis

for the formula.

‘‘(7) GILT.—The term ‘gilt’ means a young female swine

that has not produced a litter.

‘‘(8) HOG CLASS.—The term ‘hog class’ means, as

applicable—

‘‘(A) barrows or gilts;

‘‘(B) sows; or

‘‘(C) boars or stags.

‘‘(9) NONCARCASS MERIT PREMIUM.—The term ‘noncarcass

merit premium’ means an increase in the base price of the

swine offered by an individual packer or packing plant, based

on any factor other than the characteristics of the carcass,

if the actual amount of the premium is known before the

sale and delivery of the swine.

‘‘(10) OTHER MARKET FORMULA PURCHASE.—

‘‘(A) IN GENERAL.—The term ‘other market formula

purchase’ means a purchase of swine by a packer in which

the pricing mechanism is a formula price based on any

market other than the market for swine, pork, or a pork

product.

‘‘(B) INCLUSION.—The term ‘other market formula purchase’ includes a formula purchase in a case in which

the price formula is based on one or more futures or options

contracts.

‘‘(11) OTHER PURCHASE ARRANGEMENT.—The term ‘other

purchase arrangement’ means a purchase of swine by a packer

that—

‘‘(A) is not a negotiated purchase, swine or pork market

formula purchase, or other market formula purchase; and

‘‘(B) does not involve packer-owned swine.

‘‘(12) PACKER.—The term ‘packer’ means any person

engaged in the business of buying swine in commerce for purposes of slaughter, of manufacturing or preparing meats or

meat food products from swine for sale or shipment in commerce, or of marketing meats or meat food products from swine

in an unmanufactured form acting as a wholesale broker,

dealer, or distributor in commerce, except that—

‘‘(A) the term includes only a swine processing plant

that is federally inspected;

‘‘(B) for any calendar year, the term includes only

a swine processing plant that slaughtered an average of

at least 100,000 swine per year during the immediately

preceding 5 calendar years; and

‘‘(C) in the case of a swine processing plant that did

not slaughter swine during the immediately preceding 5

calendar years, the Secretary shall consider the plant

capacity of the processing plant in determining whether
H. R. 1906—61

the processing plant should be considered a packer under

this chapter.

‘‘(13) PACKER-OWNED SWINE.—The term ‘packer-owned

swine’ means swine that a packer (including a subsidiary or

affiliate of the packer) owns for at least 14 days immediately

before slaughter.

‘‘(14) PACKER-SOLD SWINE.—The term ‘packer-sold swine’

means the swine that are—

‘‘(A) owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately

before sale for slaughter; and

‘‘(B) sold for slaughter to another packer.

‘‘(15) PORK.—The term ‘pork’ means the meat of a porcine

animal.

‘‘(16) PORK PRODUCT.—The term ‘pork product’ means a

product or byproduct produced or processed in whole or in

part from pork.

‘‘(17) PURCHASE DATA.—The term ‘purchase data’ means

all of the applicable data, including weight (if purchased live),

for all swine purchased during the applicable reporting period,

regardless of the expected delivery date of the swine, reported

by—

‘‘(A) hog class;

‘‘(B) type of purchase; and

‘‘(C) packer-owned swine.

‘‘(18) SLAUGHTER DATA.—The term ‘slaughter data’ means

all of the applicable data for all swine slaughtered by a packer

during the applicable reporting period, regardless of when the

price of the swine was negotiated or otherwise determined,

reported by—

‘‘(A) hog class;

‘‘(B) type of purchase; and

‘‘(C) packer-owned swine.

‘‘(19) SOW.—The term ‘sow’ means an adult female swine

that has produced one or more litters.

‘‘(20) SWINE.—The term ‘swine’ means a porcine animal

raised to be a feeder pig, raised for seedstock, or raised for

slaughter.

‘‘(21) SWINE OR PORK MARKET FORMULA PURCHASE.—The

term ‘swine or pork market formula purchase’ means a purchase of swine by a packer in which the pricing mechanism

is a formula price based on a market for swine, pork, or a

pork product, other than a future or option for swine, pork,

or a pork product.

‘‘(22) TYPE OF PURCHASE.—The term ‘type of purchase’,

with respect to swine, means—

‘‘(A) a negotiated purchase;

‘‘(B) other market formula purchase;

‘‘(C) a swine or pork market formula purchase; and

‘‘(D) other purchase arrangement.

‘‘SEC. 232. MANDATORY REPORTING FOR SWINE.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish a program

of swine price information reporting that will—

‘‘(1) provide timely, accurate, and reliable market information;

‘‘(2) facilitate more informed marketing decisions; and
H. R. 1906—62

‘‘(3) promote competition in the swine slaughtering

industry.

‘‘(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS

AND THE SECRETARY.—

‘‘(1) IN GENERAL.—The Secretary shall establish and implement a price reporting program in accordance with this section

that includes the reporting and publication of information

required under this section.

‘‘(2) PACKER-OWNED SWINE.—Information required under

this section for packer-owned swine shall include quantity and

carcass characteristics, but not price.

‘‘(3) PACKER-SOLD SWINE.—If information regarding the

type of purchase is required under this section, the information

shall be reported according to the numbers and percentages

of each type of purchase comprising—

‘‘(A) packer-sold swine; and

‘‘(B) all other swine.

‘‘(4) ADDITIONAL INFORMATION.—

‘‘(A) REVIEW.—The Secretary shall review the information required to be reported by packers under this section

at least once every 2 years.

‘‘(B) OUTDATED INFORMATION.—After public notice and

an opportunity for comment, subject to subparagraph (C),

the Secretary shall promulgate regulations that specify

additional information that shall be reported under this

section if the Secretary determines under the review under

subparagraph (A) that—

‘‘(i) information that is currently required no longer

accurately reflects the methods by which swine are

valued and priced by packers; or

‘‘(ii) packers that slaughter a significant majority

of the swine produced in the United States no longer

use backfat or lean percentage factors as indicators

of price.

‘‘(C) LIMITATION.—Under subparagraph (B), the

Secretary may not require packers to provide any new

or additional information that—

‘‘(i) is not generally available or maintained by

packers; or

‘‘(ii) would be otherwise unduly burdensome to

provide.

‘‘(c) DAILY REPORTING.—

‘‘(1) PRIOR DAY REPORT.—

‘‘(A) IN GENERAL.—The corporate officers or officially

designated representatives of each packer processing plant

shall report to the Secretary, for each business day of

the packer, such information as the Secretary determines

necessary and appropriate to—

‘‘(i) comply with the publication requirements of

this section; and

‘‘(ii) provide for the timely access to the information

by producers, packers, and other market participants.

‘‘(B) REPORTING DEADLINE AND PLANTS REQUIRED TO

REPORT.—Not later than 7:00 a.m. Central Time on each
H. R. 1906—63

reporting day, a packer required to report under subparagraph (A) shall report information regarding all swine purchased, priced, or slaughtered during the prior business

day of the packer.

‘‘(C) INFORMATION REQUIRED.—The information from

the prior business day of a packer required under this

paragraph shall include—

‘‘(i) all purchase data, including—

‘‘(I) the total number of—

‘‘(aa) swine purchased; and

‘‘(bb) swine scheduled for delivery; and

‘‘(II) the base price and purchase data for

slaughtered swine for which a price has been

established;

‘‘(ii) all slaughter data for the total number of

swine slaughtered, including—

‘‘(I) information concerning the net price,

which shall be equal to the total amount paid

by a packer to a producer (including all premiums,

less all discounts) per hundred pounds of carcass

weight of swine delivered at the plant—

‘‘(aa) including any sum deducted from

the price per hundredweight paid to a producer that reflects the repayment of a balance

owed by the producer to the packer or the

accumulation of a balance to later be repaid

by the packer to the producer; and

‘‘(bb) excluding any sum earlier paid to

a producer that must later be repaid to the

packer;

‘‘(II) information concerning the average net

price, which shall be equal to the quotient (stated

per hundred pounds of carcass weight of swine)

obtained by dividing—

‘‘(aa) the total amount paid for the swine

slaughtered at a packing plant during the

applicable reporting period, including all premiums and discounts, and including any sum

deducted from the price per hundredweight

paid to a producer that reflects the repayment

of a balance owed by the producer to the

packer, or the accumulation of a balance to

later be repaid by the packer to the producer,

less all discounts; by

‘‘(bb) the total carcass weight (in hundred

pound increments) of the swine;

‘‘(III) information concerning the lowest net

price, which shall be equal to the lowest net price

paid for a single lot or a group of swine slaughtered

at a packing plant during the applicable reporting

period per hundred pounds of carcass weight of

swine;

‘‘(IV) information concerning the highest net

price, which shall be equal to the highest net price

paid for a single lot or group of swine slaughtered

at a packing plant during the applicable reporting
H. R. 1906—64

period per hundred pounds of carcass weight of

swine;

‘‘(V) the average carcass weight, which shall

be equal to the quotient obtained by dividing—

‘‘(aa) the total carcass weight of the swine

slaughtered at the packing plant during the

applicable reporting period; by

‘‘(bb) the number of the swine described

in item (aa),

adjusted for special slaughter situations (such as

skinning or foot removal), as the Secretary determines necessary to render comparable carcass

weights;

‘‘(VI) the average sort loss, which shall be

equal to the average discount (in dollars per hundred pounds carcass weight) for swine slaughtered

during the applicable reporting period, resulting

from the fact that the swine did not fall within

the individual packer’s established carcass weight

or lot variation range;

‘‘(VII) the average backfat, which shall be

equal to the average of the backfat thickness (in

inches) measured between the third and fourth

from the last ribs, 7 centimeters from the carcass

split (or adjusted from the individual packer’s

measurement to that reference point using an

adjustment made by the Secretary) of the swine

slaughtered during the applicable reporting period;

‘‘(VIII) the average lean percentage, which

shall be equal to the average percentage of the

carcass weight comprised of lean meat for the

swine slaughtered during the applicable reporting

period, except that when a packer is required to

report the average lean percentage under this subclause, the packer shall make available to the Secretary the underlying data, applicable methodology

and formulae, and supporting materials used to

determine the average lean percentage, which the

Secretary may convert to the carcass measurements or lean percentage of the swine of the individual packer to correlate to a common percent

lean measurement; and

‘‘(IX) the total slaughter quantity, which shall

be equal to the total number of swine slaughtered

during the applicable reporting period, including

all types of purchases and packer-owned swine;

and

‘‘(iii) packer purchase commitments, which shall

be equal to the number of swine scheduled for delivery

to a packer for slaughter for each of the next 14 calendar days.

‘‘(D) PUBLICATION.—The Secretary shall publish the

information obtained under this paragraph in a prior day

report not later than 8:00 a.m. Central Time on the

reporting day on which the information is received from

the packer.

‘‘(2) MORNING REPORT.—
H. R. 1906—65

‘‘(A) IN GENERAL.—The corporate officers or officially

designated representatives of each packer processing plant

shall report to the Secretary not later than 10:00 a.m.

Central Time each reporting day—

‘‘(i) the packer’s best estimate of the total number

of swine, and packer-owned swine, expected to be purchased throughout the reporting day through each type

of purchase;

‘‘(ii) the total number of swine, and packer-owned

swine, purchased up to that time of the reporting day

through each type of purchase;

‘‘(iii) the base price paid for all base market hogs

purchased up to that time of the reporting day through

negotiated purchases; and

‘‘(iv) the base price paid for all base market hogs

purchased through each type of purchase other than

negotiated purchase up to that time of the reporting

day, unless such information is unavailable due to

pricing that is determined on a delayed basis.

‘‘(B) PUBLICATION.—The Secretary shall publish the

information obtained under this paragraph in the morning

report as soon as practicable, but not later than 11:00

a.m. Central Time, on each reporting day.

‘‘(3) AFTERNOON REPORT.—

‘‘(A) IN GENERAL.—The corporate officers or officially

designated representatives of each packer processing plant

shall report to the Secretary not later than 2:00 p.m. Central Time each reporting day—

‘‘(i) the packer’s best estimate of the total number

of swine, and packer-owned swine, expected to be purchased throughout the reporting day through each type

of purchase;

‘‘(ii) the total number of swine, and packer-owned

swine, purchased up to that time of the reporting day

through each type of purchase;

‘‘(iii) the base price paid for all base market hogs

purchased up to that time of the reporting day through

negotiated purchases; and

‘‘(iv) the base price paid for all base market hogs

purchased up to that time of the reporting day through

each type of purchase other than negotiated purchase,

unless such information is unavailable due to pricing

that is determined on a delayed basis.

‘‘(B) PUBLICATION.—The Secretary shall publish the

information obtained under this paragraph in the afternoon

report as soon as practicable, but not later than 3:00 p.m.

Central Time, on each reporting day.

‘‘(d) WEEKLY NONCARCASS MERIT PREMIUM REPORT.—

‘‘(1) IN GENERAL.—Not later than 4:00 p.m. Central Time

on the first reporting day of each week, the corporate officers

or officially designated representatives of each packer processing plant shall report to the Secretary a noncarcass merit

premium report that lists—

‘‘(A) each category of standard noncarcass merit premiums used by the packer in the prior slaughter week;

and
H. R. 1906—66

‘‘(B) the amount (in dollars per hundred pounds of

carcass weight) paid to producers by the packer, by category.

‘‘(2) PREMIUM LIST.—A packer shall maintain and make

available to a producer, on request, a current listing of the

dollar values (per hundred pounds of carcass weight) of each

noncarcass merit premium used by the packer during the current or the prior slaughter week.

‘‘(3) AVAILABILITY.—A packer shall not be required to pay

a listed noncarcass merit premium to a producer that meets

the requirements for the premium if the need for swine in

a given category is filled at a particular point in time.

‘‘(4) PUBLICATION.—The Secretary shall publish the

information obtained under this subsection as soon as practicable, but not later than 5:00 p.m. Central Time, on the

first reporting day of each week.

‘‘CHAPTER 4—LAMB REPORTING

‘‘SEC. 241. MANDATORY REPORTING FOR LAMBS.

‘‘(a) ESTABLISHMENT.—The Secretary may establish a program

of mandatory lamb price information reporting that will—

‘‘(1) provide timely, accurate, and reliable market information;

‘‘(2) facilitate more informed marketing decisions; and

‘‘(3) promote competition in the lamb slaughtering industry.

‘‘(b) NOTICE AND COMMENT.—If the Secretary establishes a

mandatory price reporting program under subsection (a), the Secretary shall provide an opportunity for comment on proposed regulations to establish the program during the 30-day period beginning

on the date of the publication of the proposed regulations.

‘‘CHAPTER 5—ADMINISTRATION

‘‘SEC. 251. GENERAL PROVISIONS.

‘‘(a) CONFIDENTIALITY.—The Secretary shall make available to

the public information, statistics, and documents obtained from,

or submitted by, packers, retail entities, and other persons under

this subtitle in a manner that ensures that confidentiality is preserved regarding—

‘‘(1) the identity of persons, including parties to a contract;

and

‘‘(2) proprietary business information.

‘‘(b) DISCLOSURE BY FEDERAL GOVERNMENT EMPLOYEES.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), no officer,

employee, or agent of the United States shall, without the

consent of the packer or other person concerned, divulge or

make known in any manner, any facts or information regarding

the business of the packer or other person that was acquired

through reporting required under this subtitle.

‘‘(2) EXCEPTIONS.—Information obtained by the Secretary

under this subtitle may be disclosed—

‘‘(A) to agents or employees of the Department of Agriculture in the course of their official duties under this

subtitle;

‘‘(B) as directed by the Secretary or the Attorney

General, for enforcement purposes; or
H. R. 1906—67

‘‘(C) by a court of competent jurisdiction.

‘‘(3) DISCLOSURE UNDER FREEDOM OF INFORMATION ACT.—

Notwithstanding any other provision of law, no facts or information obtained under this subtitle shall be disclosed in accordance

with section 552 of title 5, United States Code.

‘‘(c) REPORTING BY PACKERS.—A packer shall report all information required under this subtitle on an individual lot basis.

‘‘(d) REGIONAL REPORTING AND AGGREGATION.—The Secretary

shall make information obtained under this subtitle available to

the public only in a manner that—

‘‘(1) ensures that the information is published on a national

and a regional or statewide basis as the Secretary determines

to be appropriate;

‘‘(2) ensures that the identity of a reporting person is

not disclosed; and

‘‘(3) conforms to aggregation guidelines established by the

Secretary.

‘‘(e) ADJUSTMENTS.—Prior to the publication of any information

required under this subtitle, the Secretary may make reasonable

adjustments in information reported by packers to reflect price

aberrations or other unusual or unique occurrences that the Secretary determines would distort the published information to the

detriment of producers, packers, or other market participants.

‘‘(f ) VERIFICATION.—The Secretary shall take such actions as

the Secretary considers necessary to verify the accuracy of the

information submitted or reported under chapter 2, 3, or 4.

‘‘(g) ELECTRONIC REPORTING AND PUBLISHING.—The Secretary

shall, to the maximum extent practicable, provide for the reporting

and publishing of the information required under this subtitle by

electronic means.

‘‘(h) REPORTING OF ACTIVITIES ON WEEKENDS AND HOLIDAYS.—

‘‘(1) IN GENERAL.—Livestock committed to a packer, or purchased, sold, or slaughtered by a packer, on a weekend day

or holiday shall be reported by the packer to the Secretary

(to the extent required under this subtitle), and reported by

the Secretary, on the immediately following reporting day.

‘‘(2) LIMITATION ON REPORTING BY PACKERS.—A packer shall

not be required to report actions under paragraph (1) more

than once on the immediately following reporting day.

‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this subtitle, the

Livestock Mandatory Reporting Act of 1999, or amendments made

by that Act restricts or modifies the authority of the Secretary

to—

‘‘(1) administer or enforce the Packers and Stockyards Act,

1921 (7 U.S.C. 181 et seq.);

‘‘(2) administer, enforce, or collect voluntary reports under

this title or any other law; or

‘‘(3) access documentary evidence as provided under sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C.

49, 50).

‘‘SEC. 252. UNLAWFUL ACTS.

‘‘It shall be unlawful and a violation of this subtitle for any

packer or other person subject to this subtitle (in the submission

of information required under chapter 2, 3, or 4, as determined

by the Secretary) to willfully—
H. R. 1906—68

‘‘(1) fail or refuse to provide, or delay the timely reporting

of, accurate information to the Secretary (including estimated

information);

‘‘(2) solicit or request that a packer, the buyer or seller

of livestock or livestock products, or any other person fail

to provide, as a condition of any transaction, accurate or timely

information required under this subtitle;

‘‘(3) fail or refuse to comply with this subtitle; or

‘‘(4) report estimated information in any report required

under this subtitle in a manner that demonstrates a pattern

of significant variance in accuracy when compared to the actual

information that is reported for the same reporting period,

or as determined by any audit, oversight, or other verification

procedures of the Secretary.

‘‘SEC. 253. ENFORCEMENT.

‘‘(a) CIVIL PENALTY.—

‘‘(1) IN GENERAL.—Any packer or other person that violates

this subtitle may be assessed a civil penalty by the Secretary

of not more than $10,000 for each violation.

‘‘(2) CONTINUING VIOLATION.—Each day during which a

violation continues shall be considered to be a separate violation.

‘‘(3) FACTORS.—In determining the amount of a civil penalty

to be assessed under paragraph (1), the Secretary shall consider

the gravity of the offense, the size of the business involved,

and the effect of the penalty on the ability of the person

that has committed the violation to continue in business.

‘‘(4) MULTIPLE VIOLATIONS.—In determining whether to

assess a civil penalty under paragraph (1), the Secretary shall

consider whether a packer or other person subject to this subtitle has engaged in a pattern of errors, delays, or omissions

in violation of this subtitle.

‘‘(b) CEASE AND DESIST.—In addition to, or in lieu of, a civil

penalty under subsection (a), the Secretary may issue an order

to cease and desist from continuing any violation.

‘‘(c) NOTICE AND HEARING.—No penalty shall be assessed, or

cease and desist order issued, by the Secretary under this section

unless the person against which the penalty is assessed or to

which the order is issued is given notice and opportunity for a

hearing before the Secretary with respect to the violation.

‘‘(d) FINALITY AND JUDICIAL REVIEW.—

‘‘(1) IN GENERAL.—The order of the Secretary assessing

a civil penalty or issuing a cease and desist order under this

section shall be final and conclusive unless the affected person

files an appeal of the order of the Secretary in United States

district court not later than 30 days after the date of the

issuance of the order.

‘‘(2) STANDARD OF REVIEW.—A finding of the Secretary

under this section shall be set aside only if the finding is

found to be unsupported by substantial evidence.

‘‘(e) ENFORCEMENT.—

‘‘(1) IN GENERAL.—If, after the lapse of the period allowed

for appeal or after the affirmance of a penalty assessed under

this section, the person against which the civil penalty is

assessed fails to pay the penalty, the Secretary may refer
H. R. 1906—69

the matter to the Attorney General who may recover the penalty by an action in United States district court.

‘‘(2) FINALITY.—In the action, the final order of the Secretary shall not be subject to review.

‘‘(f ) INJUNCTION OR RESTRAINING ORDER.— ‘‘(1) IN GENERAL.—If the Secretary has reason to believe

that any person subject to this subtitle has failed or refused

to provide the Secretary information required to be reported

pursuant to this subtitle, and that it would be in the public

interest to enjoin the person from further failure to comply

with the reporting requirements, the Secretary may notify the

Attorney General of the failure.

‘‘(2) ATTORNEY GENERAL.—The Attorney General may apply

to the appropriate district court of the United States for a

temporary or permanent injunction or restraining order.

‘‘(3) COURT.—When needed to carry out this subtitle, the

court shall, on a proper showing, issue a temporary injunction

or restraining order without bond.

‘‘(g) FAILURE TO OBEY ORDERS.— ‘‘(1) IN GENERAL.—If a person subject to this subtitle fails

to obey a cease and desist or civil penalty order issued under

this subsection after the order has become final and

unappealable, or after the appropriate United States district

court has entered a final judgment in favor of the Secretary,

the United States may apply to the appropriate district court

for enforcement of the order.

‘‘(2) ENFORCEMENT.—If the court determines that the order

was lawfully made and duly served and that the person violated

the order, the court shall enforce the order.

‘‘(3) CIVIL PENALTY.—If the court finds that the person

violated the cease and desist provisions of the order, the person

shall be subject to a civil penalty of not more than $10,000

for each offense.

‘‘SEC. 254. FEES.

‘‘The Secretary shall not charge or assess a user fee, transaction

fee, service charge, assessment, reimbursement, or any other fee

for the submission or reporting of information, for the receipt or

availability of, or access to, published reports or information, or

for any other activity required under this subtitle.

‘‘SEC. 255. RECORDKEEPING.

‘‘(a) IN GENERAL.—Subject to subsection (b), each packer

required to report information to the Secretary under this subtitle

shall maintain, and make available to the Secretary on request,

for 2 years—

‘‘(1) the original contracts, agreements, receipts and other

records associated with any transaction relating to the purchase, sale, pricing, transportation, delivery, weighing,

slaughter, or carcass characteristics of all livestock; and

‘‘(2) such records or other information as is necessary or

appropriate to verify the accuracy of the information required

to be reported under this subtitle.

‘‘(b) LIMITATIONS.—Under subsection (a)(2), the Secretary may

not require a packer to provide new or additional information

if—

‘‘(1) the information is not generally available or maintained by packers; or
H. R. 1906—70

‘‘(2) the provision of the information would be unduly

burdensome.

‘‘(c) PURCHASES OF CATTLE OR SWINE.—A record of a purchase

of a lot of cattle or a lot of swine by a packer shall evidence

whether the purchase occurred—

‘‘(1) before 10:00 a.m. Central Time;

‘‘(2) between 10:00 a.m. and 2:00 p.m. Central Time; or

‘‘(3) after 2:00 p.m. Central Time.

‘‘SEC. 256. VOLUNTARY REPORTING.

‘‘The Secretary shall encourage voluntary reporting by packers

(as defined in section 201 of the Packers and Stockyards Act,

1921 (7 U.S.C. 191)) to which the mandatory reporting requirements

of this subtitle do not apply.

‘‘SEC. 257. PUBLICATION OF INFORMATION ON RETAIL PURCHASE

PRICES FOR REPRESENTATIVE MEAT PRODUCTS.

‘‘(a) IN GENERAL.—Beginning not later than 90 days after the

date of the enactment of this subtitle, the Secretary shall compile

and publish at least monthly (weekly, if practicable) information

on retail prices for representative food products made from beef,

pork, chicken, turkey, veal, or lamb.

‘‘(b) INFORMATION.—The report published by the Secretary

under subsection (a) shall include—

‘‘(1) information on retail prices for each representative

food product described in subsection (a); and

‘‘(2) information on total sales quantity (in pounds and

dollars) for each representative food product.

‘‘(c) MEAT PRICE SPREADS REPORT.—During the period ending

2 years after the initial publication of the report required under

subsection (a), the Secretary shall continue to publish the Meat

Price Spreads Report in the same manner as the Report was published before the date of the enactment of this subtitle.

‘‘(d) INFORMATION COLLECTION.— ‘‘(1) IN GENERAL.—To ensure the accuracy of the reports

required under subsection (a), the Secretary shall obtain the

information for the reports from one or more sources

including—

‘‘(A) a consistently representative set of retail transactions; and

‘‘(B) both prices and sales quantities for the transactions.

‘‘(2) SOURCE OF INFORMATION.—The Secretary may—

‘‘(A) obtain the information from retailers or commercial information sources; and

‘‘(B) use valid statistical sampling procedures, if

necessary.

‘‘(3) ADJUSTMENTS.—In providing information on retail

prices under this section, the Secretary may make adjustments

to take into account differences in—

‘‘(A) the geographic location of consumption;

‘‘(B) the location of the principal source of supply;

‘‘(C) distribution costs; and

‘‘(D) such other factors as the Secretary determines

reflect a verifiable comparative retail price for a representative food product.

‘‘(e) ADMINISTRATION.—The Secretary—
H. R. 1906—71

‘‘(1) shall collect information under this section only on

a voluntary basis; and

‘‘(2) shall not impose a penalty on a person for failure

to provide the information or otherwise compel a person to

provide the information.

‘‘SEC. 258. SUSPENSION AUTHORITY REGARDING SPECIFIC TERMS OF

PRICE REPORTING REQUIREMENTS.

‘‘(a) IN GENERAL.—The Secretary may suspend any requirement

of this subtitle if the Secretary determines that application of the

requirement is inconsistent with the purposes of this subtitle.

‘‘(b) SUSPENSION PROCEDURE.—

‘‘(1) PERIOD.—A suspension under subsection (a) shall be

for a period of not more than 240 days.

‘‘(2) ACTION BY CONGRESS.—If an Act of Congress concerning the requirement that is the subject of the suspension

under subsection (a) is not enacted by the end of the period

of the suspension established under paragraph (1), the Secretary shall implement the requirement.

‘‘SEC. 259. FEDERAL PREEMPTION.

‘‘In order to achieve the goals, purposes, and objectives of

this title on a nationwide basis and to avoid potentially conflicting

State laws that could impede the goals, purposes, or objectives

of this title, no State or political subdivision of a State may impose

a requirement that is in addition to, or inconsistent with, any

requirement of this subtitle with respect to the submission or

reporting of information, or the publication of such information,

on the prices and quantities of livestock or livestock products.’’.

SEC. 912. UNJUST DISQUALIFICATION.

Section 202(b) of the Packers and Stockyards Act, 1921 (7

U.S.C. 192(b)), is amended by striking ‘‘whatsoever’’ each place

it appears.

SEC. 913. CONFORMING AMENDMENTS.

(a) Section 416 of the Packers and Stockyards Act, 1921 (7

U.S.C. 229a), is repealed.

(b) Section 1127 of the Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies Appropriations

Act, 1999 (7 U.S.C. 1421 note; Public Law 105–277), is amended—

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

‘‘(b) EXPORT MARKET REPORTING.—The Secretary shall—

‘‘(1) implement a streamlined electronic system for collecting export sales and shipments data, in the least intrusive

manner possible, for fresh or frozen muscle cuts of meat food

products; and

‘‘(2) develop a data-reporting program to disseminate summary information in a timely manner (in the case of beef,

consistent with the reporting under section 602(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))).’’; and

(2) in subsection (c), by striking ‘‘this section of the Act’’

and inserting ‘‘subsection (b)’’.
H. R. 1906—72

Subtitle B—Related Beef Reporting

Provisions

SEC. 921. BEEF EXPORT REPORTING.

Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C.

5712(a)(1)) is amended by inserting ‘‘, beef,’’ after ‘‘cotton’’.

SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS.

Not later than 1 year after the date of the enactment of this

Act, the Secretary of Agriculture shall fully implement a program,

through the use of a streamlined electronic online system, to issue

and report export certificates for all meat and meat products.

SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE.

(a) IN GENERAL.—The Secretary of Agriculture shall—

(1) obtain information regarding the import of beef and

beef variety meats (consistent with the information categories

reported for beef exports under section 602(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle using

available information sources; and

(2) publish the information in a timely manner weekly

and in a form that maximizes the utility of the information

to beef producers, packers, and other market participants.

(b) CONTENT.—The published information shall include

information reporting the year-to-date cumulative annual imports

of beef, beef variety meats, and cattle for the current and prior

marketing years.

SEC. 924. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out sections 922 and 923.

Subtitle C—Related Swine Reporting

Provisions

SEC. 931. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT.

(a) IN GENERAL.—Effective beginning not later than 90 days

after the date of the enactment of this Act, the Secretary of Agriculture shall publish on a monthly basis the Hogs and Pigs Inventory Report.

(b) GESTATING SOWS.—The Secretary shall include in a separate

category of the Report the number of bred female swine that are

assumed, or have been confirmed, to be pregnant during the

reporting period.

(c) PHASE-OUT.—Effective for a period of eight quarters after

the implementation of the monthly report required under subsection

(a), the Secretary shall continue to maintain and publish on a

quarterly basis the Hogs and Pigs Inventory Report published on

or before the date of the enactment of this Act.

SEC. 932. BARROW AND GILT SLAUGHTER.

(a) IN GENERAL.—The Secretary of Agriculture shall promptly

obtain and maintain, through an appropriate collection system or

valid sampling system at packing plants, information on the total
H. R. 1906—73

slaughter of swine that reflects differences in numbers between

barrows and gilts, as determined by the Secretary.

(b) AVAILABILITY.—The information shall be made available

to swine producers, packers, and other market participants in a

report published by the Secretary not less frequently than weekly.

(c) ADMINISTRATION.—

(1) IN GENERAL.—The Secretary shall administer the collection and compilation of information, and the publication of

the report, required by this section.

(2) NONDELEGATION.—The Secretary shall not delegate the

collection, compilation, or administration of the information

required by this section to any packer (as defined in section

201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)).

SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT.

(a) IN GENERAL.—The Secretary of Agriculture shall contract

with a qualified contractor to conduct a correlation study and prepare a report establishing a baseline and standards for determining

and improving average trim loss measurements and processing

techniques for pork processors to employ in the slaughter of swine.

(b) CORRELATION STUDY AND REPORT.—The study and report

shall—

(1) analyze processing techniques that would assist the

pork processing industry in improving procedures for uniformity

and transparency in how trim loss is discounted (in dollars

per hundred pounds carcass weight) by different packers and

processors;

(2) analyze slaughter inspection procedures that could be

improved so that trimming procedures and policies of the Secretary are uniform to the maximum extent determined practicable by the Secretary;

(3) determine how the Secretary may be able to foster

improved breeding techniques and animal handling and

transportation procedures through training programs made

available to swine producers so as to minimize trim loss in

slaughter processing; and

(4) make recommendations that are designed to effect

changes in the pork industry so as to achieve continuous

improvement in average trim losses and discounts.

(c) SUBSEQUENT REPORTS ON STATUS OF IMPROVEMENTS AND

UPDATES IN BASELINE.—Not less frequently than once every 2 years

after the initial publication of the report required under this section,

the Secretary shall make subsequent periodic reports that—

(1) examine the status of the improvement in reducing

trim loss discounts in the pork processing industry; and

(2) update the baseline to reflect changes in trim loss

discounts.

(d) SUBMISSION OF REPORTS TO CONGRESS, PRODUCERS,

PACKERS, AND OTHERS.—The reports required under this section

shall be made available to—

(1) the public on the Internet;

(2) the Committee on Agriculture of the House of Representatives;

(3) the Committee on Agriculture, Nutrition, and Forestry

of the Senate;

(4) producers and packers; and

(5) other market participants.
H. R. 1906—74

SEC. 934. SWINE PACKER MARKETING CONTRACTS.

Title II of the Packers and Stockyards Act, 1921 (7 U.S.C.

191 et seq.) is amended—

(1) by inserting before section 201 (7 U.S.C. 191) the

following:

‘‘Subtitle A—General Provisions’’;

and

(2) by adding at the end the following:

‘‘Subtitle B—Swine Packer Marketing

Contracts

‘‘SEC. 221. DEFINITIONS.

‘‘Except as provided in section 223(a), in this subtitle:

‘‘(1) MARKET.—The term ‘market’ means the sale or disposition of swine, pork, or pork products in commerce.

‘‘(2) PACKER.—The term ‘packer’ has the meaning given

the term in section 231 of the Agricultural Marketing Act

of 1946.

‘‘(3) PORK.—The term ‘pork’ means the meat of a porcine

animal.

‘‘(4) PORK PRODUCT.—The term ‘pork product’ means a

product or byproduct produced or processed in whole or in

part from pork.

‘‘(5) STATE.—The term ‘State’ means each of the 50 States.

‘‘(6) SWINE.—The term ‘swine’ means a porcine animal

raised to be a feeder pig, raised for seedstock, or raised for

slaughter.

‘‘(7) TYPE OF CONTRACT.—The term ‘type of contract’ means

the classification of contracts or risk management agreements

for the purchase of swine by—

‘‘(A) the mechanism used to determine the base price

for swine committed to a packer, grouped into practicable

classifications by the Secretary (including swine or pork

market formula purchases, other market formula purchases, and other purchase arrangements); and

‘‘(B) the presence or absence of an accrual account

or ledger that must be repaid by the producer or packer

that receives the benefit of the contract pricing mechanism

in relation to negotiated prices.

‘‘(8) OTHER TERMS.—Except as provided in this subtitle,

a term has the meaning given the term in section 212 or

231 of the Agricultural Marketing Act of 1946.

‘‘SEC. 222. SWINE PACKER MARKETING CONTRACTS OFFERED TO PRODUCERS.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations

to carry out this section, the Secretary shall establish and maintain

a library or catalog of each type of contract offered by packers

to swine producers for the purchase of all or part of the producers’

production of swine (including swine that are purchased or committed for delivery), including all available noncarcass merit premiums.
H. R. 1906—75

‘‘(b) AVAILABILITY.—The Secretary shall make available to swine

producers and other interested persons information on the types

of contracts described in subsection (a), including notice (on a realtime basis if practicable) of the types of contracts that are being

offered by each individual packer to, and are open to acceptance

by, producers for the purchase of swine.

‘‘(c) CONFIDENTIALITY.—The reporting requirements under subsections (a) and (b) shall be subject to the confidentiality protections

provided under section 251 of the Agricultural Marketing Act of

1946.

‘‘(d) INFORMATION COLLECTION.—

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

‘‘(A) obtain (by a filing or other procedure required

of each individual packer) information indicating what

types of contracts for the purchase of swine are available

from each packer; and

‘‘(B) make the information available in a monthly

report to swine producers and other interested persons.

‘‘(2) CONTRACTED SWINE NUMBERS.—Each packer shall provide, and the Secretary shall collect and publish in the monthly

report required under paragraph (1)(B), information

specifying—

‘‘(A) the types of existing contracts for each packer;

‘‘(B) the provisions contained in each contract that

provide for expansion in the numbers of swine to be delivered under the contract for the following 6-month and

12-month periods;

‘‘(C) an estimate of the total number of swine committed by contract for delivery to all packers within the

6-month and 12-month periods following the date of the

report, reported by reporting region and by type of contract;

and

‘‘(D) an estimate of the maximum total number of

swine that potentially could be delivered within the 6-

month and 12-month periods following the date of the

report under the provisions described in subparagraph (B)

that are included in existing contracts, reported by

reporting region and by type of contract.

‘‘(e) VIOLATIONS.—It shall be unlawful and a violation of this

title for any packer to willfully fail or refuse to provide to the

Secretary accurate information required under, or to willfully fail

or refuse to comply with any requirement of, this section.

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as necessary to carry out this section.

‘‘SEC. 223. REPORT ON THE SECRETARY’S JURISDICTION, POWER,

DUTIES, AND AUTHORITIES.

‘‘(a) DEFINITION OF PACKER.—In this section, the term ‘packer’

has the meaning given the term in section 201 of the Packers

and Stockyards Act, 1921 (7 U.S.C. 191).

‘‘(b) REPORT.—Not later than 90 days after the date of the

enactment of this subtitle, the Comptroller General of the United

States shall provide to the Committee on Agriculture of the House

of Representatives and the Committee on Agriculture, Nutrition,

and Forestry of the Senate a report describing the jurisdiction,

powers, duties, and authorities of the Secretary that relate to

packers and other persons involved in procuring, slaughtering, or
H. R. 1906—76

processing swine, pork, or pork products that are covered by this

Act and other laws, including—

‘‘(1) the Federal Trade Commission Act (15 U.S.C. 41 et

seq.), especially sections 6, 8, 9, and 10 of that Act (15 U.S.C.

46, 48, 49, and 50); and

‘‘(2) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621

et seq.).

‘‘(c) CONTENTS.—The Comptroller General shall include in the

report an analysis of—

‘‘(1) burdens on and obstructions to commerce in swine,

pork, and pork products by packers, and other persons that

enter into arrangements with the packers, that are contrary

to, or do not protect, the public interest;

‘‘(2) noncompetitive pricing arrangements between or

among packers, or other persons involved in the processing,

distribution, or sale of pork and pork products, including

arrangements provided for in contracts for the purchase of

swine;

‘‘(3) the effective monitoring of contracts entered into

between packers and swine producers;

‘‘(4) investigations that relate to, and affect, the disclosure

of—

‘‘(A) transactions involved in the business conduct and

practices of packers; and

‘‘(B) the pricing of swine paid to producers by packers

and the pricing of products in the pork and pork product

merchandising chain;

‘‘(5) the adequacy of the authority of the Secretary to prevent a packer from unjustly or arbitrarily refusing to offer

a producer, or disqualifying a producer from eligibility for,

a particular contract or type of contract for the purchase of

swine; and

‘‘(6) the ability of the Secretary to cooperate with and

enhance the enforcement of actions initiated by other Federal

departments and agencies, or Federal independent agencies,

to protect trade and commerce in the pork and pork product

industries against unlawful restraints and monopolies.’’.

SEC. 935. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this subtitle and the amendments made

by this subtitle.

Subtitle D—Implementation

SEC. 941. REGULATIONS.

(a) IN GENERAL.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Agriculture shall publish

final regulations to implement this title and the amendments made

by this title.

(b) PUBLICATION OF PROPOSED REGULATIONS.—Not later than

90 days after the date of the enactment of this Act, the Secretary

shall publish proposed regulations to implement this title and the

amendments made by this title.

(c) COMMENT PERIOD.—The Secretary shall provide an opportunity for comment on the proposed regulations during the 30-
H. R. 1906—77

day period beginning on the date of the publication of the proposed

regulations.

(d) FINAL REGULATIONS.—Not later than 60 days after the

conclusion of the comment period, the Secretary shall publish the

final regulations and implement this title and the amendments

made by this title.

SEC. 942. TERMINATION OF AUTHORITY.

The authority provided by this title and the amendments made

by this title terminate 5 years after the date of the enactment

of this Act.

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

Food and Drug Administration, and Related Agencies Appropriations Act, 2000’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.