104TH CONGRESS

2D SESSION H. R. 3603

AN ACT

Making appropriations for Agriculture, Rural Deposes. ending September 30, 1997, and for other pur- Related Agencies programs for the fiscal year velopment, Food and Drug Administration, and
104TH CONGRESS

2D SESSION H. R. 3603

AN ACT

Making appropriations for Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies

programs for the fiscal year ending September 30, 1997,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for Ag3 riculture, Rural Development, Food and Drug Administra4 tion, and Related Agencies programs for the fiscal year

5 ending September 30, 1997, and for other purposes,

6 namely:

7 TITLE I

8 AGRICULTURAL PROGRAMS

9 PRODUCTION, PROCESSING, AND MARKETING

10 OFFICE OF THE SECRETARY

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses of the Office of the Secretary

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

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

15 exceed $11,000 of this amount, along with any unobli16 gated balances of representation funds in the Foreign Ag17 ricultural Service shall be available for official reception

18 and representation expenses, not otherwise provided for,

19 as determined by the Secretary: Provided further, That

20 none of the funds appropriated or otherwise made avail21 able by this Act may be used to detail an individual from

22 an agency funded in this Act to any Under Secretary office

23 or Assistant Secretary office for more than 30 days: Pro24 vided further, That none of the funds made available by
3

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1 this Act may be used to enforce section 793(d) of Public

2 Law 104–127.

3 EXECUTIVE OPERATIONS

4 CHIEF ECONOMIST

5 For necessary expenses of the Chief Economist, in6 cluding economic analysis, risk assessment, cost-benefit

7 analysis, and the functions of the World Agricultural Out8 look Board, as authorized by the Agricultural Marketing

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

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

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

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

13 $4,231,000.

14 NATIONAL APPEALS DIVISION

15 For necessary expenses of the National Appeals Divi16 sion, including employment pursuant to the second sen17 tence of section 706(a) of the Organic Act of 1944 (7

18 U.S.C. 2225), of which not to exceed $25,000 is for em19 ployment under 5 U.S.C. 3109, $11,718,000.

20 OFFICE OF BUDGET AND PROGRAM ANALYSIS

21 For necessary expenses of the Office of Budget and

22 Program Analysis, including employment pursuant to the

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

24 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is

25 for employment under 5 U.S.C. 3109, $5,986,000.
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1 CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, including employment pursuant to the sec4 ond sentence of section 706(a) of the Organic Act of 1944

5 (7 U.S.C. 2225), of which not to exceed $10,000 is for

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

7 That the Chief Financial Officer shall actively market

8 cross-servicing activities of the National Finance Center.

9 OFFICE OF THE ASSISTANT SECRETARY FOR

10 ADMINISTRATION

11 For necessary salaries and expenses of the Office of

12 the Assistant Secretary for Administration to carry out

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

14 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

15 PAYMENTS

16 (INCLUDING TRANSFERS OF FUNDS)

17 For payment of space rental and related costs pursu18 ant to Public Law 92–313, including authorities pursuant

19 to the 1984 delegation of authority from the Adminis20 trator of General Services to the Department of Agri21 culture under 40 U.S.C. 486, for programs and activities

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

23 the operation, maintenance, and repair of Agriculture

24 buildings, $120,548,000: Provided, That in the event an

25 agency within the Department should require modification
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1 of space needs, the Secretary of Agriculture may transfer

2 a share of that agency’s appropriation made available by

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

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

5 such transfers shall not exceed 5 percent of the funds

6 made available for space rental and related costs to or

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

8 improvement, extension, alteration, and purchase of fixed

9 equipment or facilities as necessary to carry out the pro10 grams of the Department, where not otherwise provided,

11 $5,000,000, to remain available until expended; making

12 a total appropriation of $125,548,000.

13 HAZARDOUS WASTE MANAGEMENT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses of the Department of Agri16 culture, to comply with the requirement of section 107(g)

17 of the Comprehensive Environmental Response, Com18 pensation, and Liability Act, as amended, 42 U.S.C.

19 9607(g), and section 6001 of the Resource Conservation

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

21 $15,700,000, to remain available until expended: Pro22 vided, That appropriations and funds available herein to

23 the Department for Hazardous Waste Management may

24 be transferred to any agency of the Department for its
6

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1 use in meeting all requirements pursuant to the above

2 Acts on Federal and non-Federal lands.

3 DEPARTMENTAL ADMINISTRATION

4 (INCLUDING TRANSFERS OF FUNDS)

5 For Departmental Administration, $28,304,000, to

6 provide for necessary expenses for management support

7 services to offices of the Department and for general ad8 ministration and disaster management of the Department,

9 repairs and alterations, and other miscellaneous supplies

10 and expenses not otherwise provided for and necessary for

11 the practical and efficient work of the Department, includ12 ing employment pursuant to the second sentence of section

13 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

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

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

16 reimbursed from applicable appropriations in this Act for

17 travel expenses incident to the holding of hearings as re18 quired by 5 U.S.C. 551–558.

19 OFFICE OF THE ASSISTANT SECRETARY FOR

20 CONGRESSIONAL RELATIONS

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary salaries and expenses of the Office of

23 the Assistant Secretary for Congressional Relations to

24 carry out the programs funded in this Act, including pro25 grams involving intergovernmental affairs and liaison
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1 within the executive branch, $3,728,000: Provided, That

2 no other funds appropriated to the Department in this Act

3 shall be available to the Department for support of activi4 ties of congressional relations: Provided further, That not

5 less than $2,241,000 shall be transferred to agencies fund6 ed in this Act to maintain personnel at the agency level.

7 OFFICE OF COMMUNICATIONS

8 For necessary expenses to carry on services relating

9 to the coordination of programs involving public affairs,

10 for the dissemination of agricultural information, and the

11 coordination of information, work, and programs author12 ized by Congress in the Department, $8,138,000, includ13 ing employment pursuant to the second sentence of section

14 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of

15 which not to exceed $10,000 shall be available for employ16 ment under 5 U.S.C. 3109, and not to exceed $2,000,000

17 may be used for farmers’ bulletins.

18 OFFICE OF THE INSPECTOR GENERAL

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses of the Office of the Inspector

21 General, including employment pursuant to the second

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

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

24 amended, $63,028,000, including such sums as may be

25 necessary for contracting and other arrangements with
8

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1 public agencies and private persons pursuant to section

2 6(a)(9) of the Inspector General Act of 1978, as amended,

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

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

5 $95,000 for certain confidential operational expenses in6 cluding the payment of informants, to be expended under

7 the direction of the Inspector General pursuant to Public

8 Law 95–452 and section 1337 of Public Law 97–98: Pro9 vided, That funds transferred to the Office of the Inspec10 tor General through forfeiture proceedings or from the De11 partment of Justice Assets Forfeiture Fund or the De12 partment of the Treasury Forfeiture Fund, as a partici13 pating agency, as an equitable share from the forfeiture

14 of property in investigations in which the Office of the In15 spector General participates, or through the granting of

16 a Petition for Remission or Mitigation, shall be deposited

17 to the credit of this account for law enforcement activities

18 authorized under the Inspector General Act of 1978, as

19 amended, to remain available until expended.

20 OFFICE OF THE GENERAL COUNSEL

21 For necessary expenses of the Office of the General

22 Counsel, $27,749,000.
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1 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

2 EDUCATION AND ECONOMICS

3 For necessary salaries and expenses of the Office of

4 the Under Secretary for Research, Education and Eco5 nomics to administer the laws enacted by the Congress

6 for the Economic Research Service, the National Agricul7 tural Statistics Service, the Agricultural Research Service,

8 and the Cooperative State Research, Education, and Ex9 tension Service, $540,000.

10 ECONOMIC RESEARCH SERVICE

11 For necessary expenses of the Economic Research

12 Service in conducting economic research and analysis, as

13 authorized by the Agricultural Marketing Act of 1946 (7

14 U.S.C. 1621–1627) and other laws, $54,176,000: Pro15 vided, That this appropriation shall be available for em16 ployment pursuant to the second sentence of section

17 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

18 NATIONAL AGRICULTURAL STATISTICS SERVICE

19 For necessary expenses of the National Agricultural

20 Statistics Service in conducting statistical reporting and

21 service work, including crop and livestock estimates, sta22 tistical coordination and improvements, marketing sur23 veys, and the Census of Agriculture notwithstanding 13

24 U.S.C. 142(a–b), as authorized by the Agricultural Mar25 keting Act of 1946 (7 U.S.C. 1621–1627) and other laws,
10

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1 $100,221,000, of which up to $17,500,000 shall be avail2 able until expended for the Census of Agriculture: Pro3 vided, That this appropriation shall be available for em4 ployment pursuant to the second sentence of section

5 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

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

7 under 5 U.S.C. 3109.

8 AGRICULTURAL RESEARCH SERVICE

9 For necessary expenses to enable the Agricultural Re10 search Service to perform agricultural research and dem11 onstration relating to production, utilization, marketing,

12 and distribution (not otherwise provided for); home eco13 nomics or nutrition and consumer use including the acqui14 sition, preservation, and dissemination of agricultural in15 formation; and for acquisition of lands by donation, ex16 change, or purchase at a nominal cost not to exceed $100,

17 $702,831,000: Provided, That appropriations hereunder

18 shall be available for temporary employment pursuant to

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

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

21 be available for employment under 5 U.S.C. 3109: Pro22 vided further, That appropriations hereunder shall be

23 available for the operation and maintenance of aircraft

24 and the purchase of not to exceed one for replacement

25 only: Provided further, That appropriations hereunder
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1 shall be available pursuant to 7 U.S.C. 2250 for the con2 struction, alteration, and repair of buildings and improve3 ments, but unless otherwise provided the cost of construct4 ing any one building shall not exceed $250,000, except for

5 headhouses or greenhouses which shall each be limited to

6 $1,000,000, and except for ten buildings to be constructed

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

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

9 shall not exceed 10 percent of the current replacement

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

11 Provided further, That the limitations on alterations con12 tained in this Act shall not apply to modernization or re13 placement of existing facilities at Beltsville, Maryland:

14 Provided further, That the foregoing limitations shall not

15 apply to replacement of buildings needed to carry out the

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

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

18 subdivision, organization, or individual for the purpose of

19 establishing or operating any research facility or research

20 project of the Agricultural Research Service, as authorized

21 by law.

22 None of the funds in the foregoing paragraph shall

23 be available to carry out research related to the produc24 tion, processing or marketing of tobacco or tobacco prod25 ucts.
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1 BUILDINGS AND FACILITIES

2 For acquisition of land, construction, repair, improve3 ment, extension, alteration, and purchase of fixed equip4 ment or facilities as necessary to carry out the agricultural

5 research programs of the Department of Agriculture,

6 where not otherwise provided, $59,600,000, to remain

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

8 funds may be received from any State, other political sub9 division, organization, or individual for the purpose of es10 tablishing any research facility of the Agricultural Re11 search Service, as authorized by law.

12 COOPERATIVE STATE RESEARCH, EDUCATION, AND

13 EXTENSION SERVICE

14 RESEARCH AND EDUCATION ACTIVITIES

15 For payments to agricultural experiment stations, for

16 cooperative forestry and other research, for facilities, and

17 for other expenses, including $163,671,000 to carry into

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

19 361i); $19,882,000 for grants for cooperative forestry re20 search (16 U.S.C. 582a–582–a7); $26,902,000 for pay21 ments to the 1890 land-grant colleges, including Tuskegee

22 University (7 U.S.C. 3222); $44,235,000 for special

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

24 $11,769,000 for special grants for agricultural research

25 on improved pest control (7 U.S.C. 450i(c)); $96,735,000
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1 for competitive research grants (7 U.S.C. 450i(b));

2 $4,775,000 for the support of animal health and disease

3 programs (7 U.S.C. 3195); $650,000 for supplemental

4 and alternative crops and products (7 U.S.C. 3319d);

5 $500,000 for grants for research pursuant to the Critical

6 Agricultural Materials Act of 1984 (7 U.S.C. 178) and

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

8 as amended (7 U.S.C. 3318), to remain available until ex9 pended; $475,000 for rangeland research grants (7 U.S.C.

10 3331–3336); $3,000,000 for higher education graduate

11 fellowships grants (7 U.S.C. 3152(b)(6)), to remain avail12 able until expended (7 U.S.C. 2209b); $4,000,000 for

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

14 $1,000,000 for a higher education minority scholars pro15 gram (7 U.S.C. 3152(b)(5)), to remain available until ex16 pended (7 U.S.C. 2209b); $2,000,000 for an education

17 grants program for Hispanic-serving Institutions (7

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

19 U.S.C. 3322); $8,000,000 for sustainable agriculture re20 search and education (7 U.S.C. 5811); $9,200,000 for a

21 program of capacity building grants to colleges eligible to

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

23 321–326 and 328), including Tuskegee University 7

24 U.S.C. 3152(b)(4), to remain available until expended (7

25 U.S.C. 2209b); $1,450,000 for payments to the 1994 In-
14

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1 stitutions pursuant to section 534(a)(1) of Public Law

2 103–382; and $9,605,000 for necessary expenses of Re3 search and Education Activities, of which not to exceed

4 $100,000 shall be for employment under 5 U.S.C. 3109;

5 in all, $411,849,000.

6 None of the funds in the foregoing paragraph shall

7 be available to carry out research related to the produc8 tion, processing or marketing of tobacco or tobacco prod9 ucts.

10 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

11 For establishment of a Native American institutions

12 endowment fund, as authorized by Public Law 130–382

13 (7 U.S.C. 301 note), $4,600,000.

14 BUILDINGS AND FACILITIES

15 For acquisition of land, construction, repair, improve16 ment, extension, alteration, and purchase of fixed equip17 ment or facilities and for grants to States and other eligi18 ble recipients for such purposes, as necessary to carry out

19 the agricultural research, extension, and teaching pro20 grams of the Department of Agriculture, where not other21 wise provided, $30,449,000, to remain available until ex22 pended (7 U.S.C. 2209b).

23 EXTENSION ACTIVITIES

24 Payments to States, the District of Columbia, Puerto

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

26 Marianas, and American Samoa: For payments for coop-
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1 erative extension work under the Smith-Lever Act, as

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

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

4 471, for retirement and employees’ compensation costs for

5 extension agents and for costs of penalty mail for coopera6 tive extension agents and State extension directors,

7 $260,438,000; payments for the nutrition and family edu8 cation program for low-income areas under section 3(d)

9 of the Act, $58,695,000; payments for the pest manage10 ment program under section 3(d) of the Act, $10,783,000;

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

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

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

14 $3,214,000; payments to upgrade 1890 land-grant college

15 research, extension, and teaching facilities as authorized

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

17 U.S.C. 3222b), $7,549,000, to remain available until ex18 pended; payments for the rural development centers under

19 section 3(d) of the Act, $908,000; payments for a ground20 water quality program under section 3(d) of the Act,

21 $10,733,000; payments for the agricultural telecommuni22 cations program, as authorized by Public Law 101–624

23 (7 U.S.C. 5926), $1,167,000; payments for youth-at-risk

24 programs under section 3(d) of the Act, $9,554,000; pay25 ments for a food safety program under section 3(d) of the
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1 Act, $2,365,000; payments for carrying out the provisions

2 of the Renewable Resources Extension Act of 1978,

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

4 section 3(d) of the Act, $1,672,000; payments for sustain5 able agriculture programs under section 3(d) of the Act,

6 $3,309,000; payments for rural health and safety edu7 cation as authorized by section 2390 of Public Law 101–

8 624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments

9 for cooperative extension work by the colleges receiving the

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

11 328) and Tuskegee University, $24,337,000; and for Fed12 eral administration and coordination including administra13 tion of the Smith-Lever Act, as amended, and the Act of

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

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

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

17 leadership for the extension work of the Department and

18 the several States and insular possessions, $6,271,000; in

19 all, $409,670,000: Provided, That funds hereby appro20 priated pursuant to section 3(c) of the Act of June 26,

21 1953, and section 506 of the Act of June 23, 1972, as

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

23 Columbia, Puerto Rico, Guam, or the Virgin Islands, Mi24 cronesia, Northern Marianas, and American Samoa prior
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1 to availability of an equal sum from non-Federal sources

2 for expenditure during the current fiscal year.

3 OFFICE OF THE ASSISTANT SECRETARY FOR

4 MARKETING AND REGULATORY PROGRAMS

5 For necessary salaries and expenses of the Office of

6 the Assistant Secretary for Marketing and Regulatory

7 Programs to administer programs under the laws enacted

8 by the Congress for the Animal and Plant Health Inspec9 tion Service, Agricultural Marketing Service, and the

10 Grain Inspection, Packers and Stockyards Administration,

11 $618,000.

12 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFERS OF FUNDS)

15 For expenses, not otherwise provided for, including

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

17 amended (21 U.S.C. 114b–c), necessary to prevent, con18 trol, and eradicate pests and plant and animal diseases;

19 to carry out inspection, quarantine, and regulatory activi20 ties; to discharge the authorities of the Secretary of Agri21 culture under the Act of March 2, 1931 (46 Stat. 1468;

22 7 U.S.C. 426–426b); and to protect the environment, as

23 authorized by law, $435,428,000, of which $4,500,000

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

25 plant diseases, animal diseases and for control of pest ani-
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1 mals and birds to the extent necessary to meet emergency

2 conditions: Provided, That no funds shall be used to for3 mulate or administer a brucellosis eradication program for

4 the current fiscal year that does not require minimum

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

6 further, That this appropriation shall be available for field

7 employment pursuant to the second sentence of section

8 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

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

10 under 5 U.S.C. 3109: Provided further, That this appro11 priation shall be available for the operation and mainte12 nance of aircraft and the purchase of not to exceed four,

13 of which two shall be for replacement only: Provided fur14 ther, That, in addition, in emergencies which threaten any

15 segment of the agricultural production industry of this

16 country, the Secretary may transfer from other appropria17 tions or funds available to the agencies or corporations

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

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

20 eradication of contagious or infectious disease or pests of

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

22 with the Act of February 28, 1947, as amended, and sec23 tion 102 of the Act of September 21, 1944, as amended,

24 and any unexpended balances of funds transferred for

25 such emergency purposes in the next preceding fiscal year
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1 shall be merged with such transferred amounts: Provided

2 further, That appropriations hereunder shall be available

3 pursuant to law (7 U.S.C. 2250) for the repair and alter4 ation of leased buildings and improvements, but unless

5 otherwise provided the cost of altering any one building

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

7 current replacement value of the building.

8 In fiscal year 1997 the agency is authorized to collect

9 fees to cover the total costs of providing technical assist10 ance, goods, or services requested by States, other political

11 subdivisions, domestic and international organizations,

12 foreign governments, or individuals, provided that such

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

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

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

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

17 until expended, without further appropriation, for provid18 ing such assistance, goods, or services.

19 Of the total amount available under this heading in

20 fiscal year 1997, $98,000,000 shall be derived from user

21 fees deposited in the Agricultural Quarantine Inspection

22 User Fee Account.

23 BUILDINGS AND FACILITIES

24 For plans, construction, repair, preventive mainte25 nance, environmental support, improvement, extension, al-
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1 teration, and purchase of fixed equipment or facilities, as

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

3 authorized by 7 U.S.C. 428a, $3,200,000, to remain avail4 able until expended.

5 AGRICULTURAL MARKETING SERVICE

6 MARKETING SERVICES

7 For necessary expenses to carry on services related

8 to consumer protection, agricultural marketing and dis9 tribution, transportation, and regulatory programs, as au10 thorized by law, and for administration and coordination

11 of payments to States; including field employment pursu12 ant to section 706(a) of the Organic Act of 1944 (7 U.S.C.

13 2225), and not to exceed $90,000 for employment under

14 5 U.S.C. 3109, $37,592,000, including funds for the

15 wholesale market development program for the design and

16 development of wholesale and farmer market facilities for

17 the major metropolitan areas of the country: Provided,

18 That this appropriation shall be available pursuant to law

19 (7 U.S.C. 2250) for the alteration and repair of buildings

20 and improvements, but the cost of altering any one build21 ing during the fiscal year shall not exceed 10 percent of

22 the current replacement value of the building.

23 Fees may be collected for the cost of standardization

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

25 U.S.C. 9701).
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1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 Not to exceed $59,012,000 (from fees collected) shall

3 be obligated during the current fiscal year for administra4 tive expenses: Provided, That if crop size is understated

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

6 exceed this limitation by up to 10 percent with notification

7 to the Appropriations Committees.

8 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

9 SUPPLY (SECTION 32)

10 (INCLUDING TRANSFERS OF FUNDS)

11 Funds available under section 32 of the Act of Au12 gust 24, 1935 (7 U.S.C. 612c) shall be used only for com13 modity program expenses as authorized therein, and other

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

15 Department of Commerce as authorized by the Fish and

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

17 provided in this Act; and (3) not more than $10,576,000

18 for formulation and administration of marketing agree19 ments and orders pursuant to the Agricultural Marketing

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

21 Act of 1961.

22 PAYMENTS TO STATES AND POSSESSIONS

23 For payments to departments of agriculture, bureaus

24 and departments of markets, and similar agencies for

25 marketing activities under section 204(b) of the Agricul-
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1 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),

2 $1,200,000.

3 GRAIN INSPECTION, PACKERS AND STOCKYARDS

4 ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses to carry out the provisions

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

8 for the administration of the Packers and Stockyards Act,

9 for certifying procedures used to protect purchasers of

10 farm products, and the standardization activities related

11 to grain under the Agricultural Marketing Act of 1946,

12 as amended, including field employment pursuant to sec13 tion 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),

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

15 3109, $22,728,000: Provided, That this appropriation

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

17 alteration and repair of buildings and improvements, but

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

19 shall not exceed 10 percent of the current replacement

20 value of the building.

21 INSPECTION AND WEIGHING SERVICES

22 LIMITATION ON INSPECTION AND WEIGHING SERVICE

23 EXPENSES

24 Not to exceed $43,207,000 (from fees collected) shall

25 be obligated during the current fiscal year for inspection
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1 and weighing services: Provided, That if grain export ac2 tivities require additional supervision and oversight, or

3 other uncontrollable factors occur, this limitation may be

4 exceeded by up to 10 percent with notification to the Ap5 propriations Committees.

6 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

7 For necessary salaries and expenses of the Office of

8 the Under Secretary for Food Safety to administer the

9 laws enacted by the Congress for the Food Safety and In10 spection Service, $446,000.

11 FOOD SAFETY AND INSPECTION SERVICE

12 For necessary expenses to carry on services author13 ized by the Federal Meat Inspection Act, as amended, the

14 Poultry Products Inspection Act, as amended, and the

15 Egg Products Inspection Act, as amended, $574,000,000,

16 and in addition, $1,000,000 may be credited to this ac17 count from fees collected for the cost of laboratory accredi18 tation as authorized by section 1017 of Public Law 102–

19 237: Provided, That this appropriation shall not be avail20 able for shell egg surveillance under section 5(d) of the

21 Egg Products Inspection Act (21 U.S.C. 1034(d)): Pro22 vided further, That this appropriation shall be available

23 for field employment pursuant to section 706(a) of the Or24 ganic Act of 1944 (7 U.S.C. 2225), and not to exceed

25 $75,000 shall be available for employment under 5 U.S.C.
24

•HR 3603 EH

1 3109: Provided further, That this appropriation shall be

2 available pursuant to law (7 U.S.C. 2250) for the alter3 ation and repair of buildings and improvements, but the

4 cost of altering any one building during the fiscal year

5 shall not exceed 10 percent of the current replacement

6 value of the building.

7 OFFICE OF THE UNDER SECRETARY FOR FARM AND

8 FOREIGN AGRICULTURAL SERVICES

9 For necessary salaries and expenses of the Office of

10 the Under Secretary for Farm and Foreign Agricultural

11 Services to administer the laws enacted by Congress for

12 the Consolidated Farm Service Agency, Foreign Agricul13 tural Service, and the Commodity Credit Corporation,

14 $572,000.

15 FARM SERVICE AGENCY

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses for carrying out the adminis19 tration and implementation of programs administered by

20 the Farm Service Agency, $746,440,000: Provided, That

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

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

23 Credit Corporation to make program payments for all pro24 grams administered by the Agency: Provided further, That

25 other funds made available to the Agency for authorized
25

•HR 3603 EH

1 activities may be advanced to and merged with this ac2 count: Provided further, That these funds shall be avail3 able for employment pursuant to the second sentence of

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

5 2225), and not to exceed $1,000,000 shall be available for

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

7 DAIRY INDEMNITY PROGRAM

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses involved in making indemnity

10 payments to dairy farmers for milk or cows producing

11 such milk and manufacturers of dairy products who have

12 been directed to remove their milk or dairy products from

13 commercial markets because it contained residues of

14 chemicals registered and approved for use by the Federal

15 Government, and in making indemnity payments for milk,

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

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

18 commercial markets because of (1) the presence of prod19 ucts of nuclear radiation or fallout if such contamination

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

21 chemicals or toxic substances not included under the first

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

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

24 not used in a manner contrary to applicable regulations

25 or labeling instructions provided at the time of use and

26 the contamination is not due to the fault of the farmer,
26

•HR 3603 EH

1 $100,000, to remain available until expended (7 U.S.C.

2 2209b): Provided, That none of the funds contained in this

3 Act shall be used to make indemnity payments to any

4 farmer whose milk was removed from commercial markets

5 as a result of his willful failure to follow procedures pre6 scribed by the Federal Government: Provided further, That

7 this amount shall be transferred to the Commodity Credit

8 Corporation: Provided further, That the Secretary is au9 thorized to utilize the services, facilities, and authorities

10 of the Commodity Credit Corporation for the purpose of

11 making dairy indemnity disbursements.

12 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

13 For grants and contracts pursuant to section 2501

14 of the Food, Agriculture, Conservation, and Trade Act of

15 1990 (7 U.S.C. 2279), $1,000,000, to remain available

16 until expended.

17 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

18 ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For gross obligations for the principal amount of di21 rect and guaranteed loans as authorized by 7 U.S.C.

22 1928–1929, to be available from funds in the Agricultural

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

24 $600,000,000, of which $550,000,000 shall be for guaran25 teed loans; operating loans, $2,345,071,000, of which

26 $1,700,000,000 shall be for unsubsidized guaranteed
27

•HR 3603 EH

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

2 loans; Indian tribe land acquisition loans as authorized by

3 25 U.S.C. 488, $1,000,000; for emergency insured loans,

4 $25,000,000 to meet the needs resulting from natural dis5 asters and for credit sales of acquired property,

6 $25,000,000.

7 For the cost of direct and guaranteed loans, including

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

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

10 ownership loans, $27,975,000, of which $22,055,000 shall

11 be for guaranteed loans; operating loans, $96,840,000, of

12 which $19,210,000 shall be for unsubsidized guaranteed

13 loans and $18,480,000 shall be for subsidized guaranteed

14 loans; Indian tribe land acquisition loans as authorized by

15 25 U.S.C. 488, $54,000; for emergency insured loans,

16 $6,365,000 to meet the needs resulting from natural dis17 asters; and for credit sales of acquired property,

18 $2,530,000.

19 In addition, for administrative expenses necessary to

20 carry out the direct and guaranteed loan programs,

21 $221,046,000, of which $208,446,000 shall be transferred

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

23 and Expenses’’ account.
28

•HR 3603 EH

1 OFFICE OF RISK MANAGEMENT

2 For administrative and operating expenses, as au3 thorized by the Federal Agriculture Improvement and Re4 form Act of 1996 (7 U.S.C. 6933), $62,198,000: Provided,

5 That not to exceed $700 shall be available for official re6 ception and representation expenses, as authorized by 7

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

8 CORPORATIONS

9 The following corporations and agencies are hereby

10 authorized to make expenditures, within the limits of

11 funds and borrowing authority available to each such cor12 poration or agency and in accord with law, and to make

13 contracts and commitments without regard to fiscal year

14 limitations as provided by section 104 of the Government

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

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

17 the current fiscal year for such corporation or agency, ex18 cept as hereinafter provided.

19 FEDERAL CROP INSURANCE CORPORATION FUND

20 For payments as authorized by section 516 of the

21 Federal Crop Insurance Act, as amended, such sums as

22 may be necessary, to remain available until expended (7

23 U.S.C. 2209b).
29

•HR 3603 EH

1 COMMODITY CREDIT CORPORATION FUND

2 REIMBURSEMENT FOR NET REALIZED LOSSES

3 For fiscal year 1997, such sums as may be necessary

4 to reimburse the Commodity Credit Corporation for net

5 realized losses sustained, but not previously reimbursed

6 (estimated to be $1,500,000,000 in the President’s fiscal

7 year 1997 Budget Request (H. Doc. 104–162)), but not

8 to exceed $1,500,000,000, pursuant to section 2 of the

9 Act of August 17, 1961, as amended (15 U.S.C. 713a–

10 11).

11 OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE

12 MANAGEMENT

13 For fiscal year 1997, the Commodity Credit Corpora14 tion shall not expend more than $5,000,000 for expenses

15 to comply with the requirement of section 107(g) of the

16 Comprehensive Environmental Response, Compensation,

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

18 section 6001 of the Resource Conservation and Recovery

19 Act, as amended, 42 U.S.C. 6961: Provided, That ex20 penses shall be for operations and maintenance costs only

21 and that other hazardous waste management costs shall

22 be paid for by the USDA Hazardous Waste Management

23 appropriation in this Act.
30

•HR 3603 EH

1 TITLE II

2 CONSERVATION PROGRAMS

3 OFFICE OF THE UNDER SECRETARY FOR NATURAL

4 RESOURCES AND ENVIRONMENT

5 For necessary salaries and expenses of the Office of

6 the Under Secretary for Natural Resources and Environ7 ment to administer the laws enacted by the Congress for

8 the Forest Service and the Natural Resources Conserva9 tion Service, $693,000.

10 NATURAL RESOURCES CONSERVATION SERVICE

11 CONSERVATION OPERATIONS

12 For necessary expenses for carrying out the provi13 sions of the Act of April 27, 1935 (16 U.S.C. 590a–590f)

14 including preparation of conservation plans and establish15 ment of measures to conserve soil and water (including

16 farm irrigation and land drainage and such special meas17 ures for soil and water management as may be necessary

18 to prevent floods and the siltation of reservoirs and to con19 trol agricultural related pollutants); operation of conserva20 tion plant materials centers; classification and mapping of

21 soil; dissemination of information; acquisition of lands,

22 water, and interests therein for use in the plant materials

23 program by donation, exchange, or purchase at a nominal

24 cost not to exceed $100 pursuant to the Act of August

25 3, 1956 (7 U.S.C. 428a); purchase and erection or alter-
31

•HR 3603 EH

1 ation or improvement of permanent and temporary build2 ings; and operation and maintenance of aircraft,

3 $619,392,000, to remain available until expended (7

4 U.S.C. 2209b), of which not less than $5,835,000 is for

5 snow survey and water forecasting and not less than

6 $8,825,000 is for operation and establishment of the plant

7 materials centers: Provided, That appropriations here8 under shall be available pursuant to 7 U.S.C. 2250 for

9 construction and improvement of buildings and public im10 provements at plant materials centers, except that the cost

11 of alterations and improvements to other buildings and

12 other public improvements shall not exceed $250,000: Pro13 vided further, That when buildings or other structures are

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

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

16 further, That this appropriation shall be available for tech17 nical assistance and related expenses to carry out pro18 grams authorized by section 202(c) of title II of the Colo19 rado River Basin Salinity Control Act of 1974, as amend20 ed (43 U.S.C. 1592(c)): Provided further, That no part

21 of this appropriation may be expended for soil and water

22 conservation operations under the Act of April 27, 1935

23 (16 U.S.C. 590a–590f) in demonstration projects: Pro24 vided further, That this appropriation shall be available

25 for employment pursuant to the second sentence of section
32

•HR 3603 EH

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

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

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

4 local engineers may be temporarily employed at per diem

5 rates to perform the technical planning work of the Service

6 (16 U.S.C. 590e–2).

7 WATERSHED SURVEYS AND PLANNING

8 For necessary expenses to conduct research, inves9 tigation, and surveys of watersheds of rivers and other wa10 terways, and for small watershed investigations and plan11 ning, in accordance with the Watershed Protection and

12 Flood Prevention Act approved August 4, 1954, as

13 amended (16 U.S.C. 1001–1009), $10,762,000: Provided,

14 That this appropriation shall be available for employment

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

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

17 $110,000 shall be available for employment under 5

18 U.S.C. 3109.

19 WATERSHED AND FLOOD PREVENTION OPERATIONS

20 For necessary expenses to carry out preventive meas21 ures, including but not limited to research, engineering op22 erations, methods of cultivation, the growing of vegetation,

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

24 in accordance with the Watershed Protection and Flood

25 Prevention Act approved August 4, 1954, as amended (16
33

•HR 3603 EH

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

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

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

4 Department, $101,036,000, to remain available until ex5 pended (7 U.S.C. 2209b) (of which up to $15,000,000

6 may be available for the watersheds authorized under the

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

8 701, 16 U.S.C. 1006a), as amended and supplemented:

9 Provided, That this appropriation shall be available for

10 employment pursuant to the second sentence of section

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

12 not to exceed $200,000 shall be available for employment

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

14 $1,000,000 of this appropriation is available to carry out

15 the purposes of the Endangered Species Act of 1973 (Pub16 lic Law 93–205), as amended, including cooperative ef17 forts as contemplated by that Act to relocate endangered

18 or threatened species to other suitable habitats as may be

19 necessary to expedite project construction.

20 RESOURCE CONSERVATION AND DEVELOPMENT

21 For necessary expenses in planning and carrying out

22 projects for resource conservation and development and

23 for sound land use pursuant to the provisions of section

24 32(e) of title III of the Bankhead-Jones Farm Tenant

25 Act, as amended (7 U.S.C. 1010–1011; 76 Stat. 607), the
34

•HR 3603 EH

1 Act of April 27, 1935 (16 U.S.C. 590a–f), and the Agri2 culture and Food Act of 1981 (16 U.S.C. 3451–3461),

3 $29,377,000, to remain available until expended (7 U.S.C.

4 2209b): Provided, That this appropriation shall be avail5 able for employment pursuant to the second sentence of

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

7 2225), and not to exceed $50,000 shall be available for

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

9 FORESTRY INCENTIVES PROGRAM

10 For necessary expenses, not otherwise provided for,

11 to carry out the program of forestry incentives, as author12 ized in the Cooperative Forestry Assistance Act of 1978

13 (16 U.S.C. 2101), including technical assistance and relat14 ed expenses, $6,325,000, to remain available until ex15 pended, as authorized by that Act.

16 TITLE III

17 RURAL ECONOMIC AND COMMUNITY

18 DEVELOPMENT PROGRAMS

19 OFFICE OF THE UNDER SECRETARY FOR RURAL

20 DEVELOPMENT

21 For necessary salaries and expenses of the Office of

22 the Under Secretary for Rural Development to administer

23 programs under the laws enacted by the Congress for the

24 Rural Housing Service, Rural Business-Cooperative Serv-
35

•HR 3603 EH

1 ice, and the Rural Utilities Service of the Department of

2 Agriculture, $588,000.

3 RURAL HOUSING SERVICE

4 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For gross obligations for the principal amount of di7 rect and guaranteed loans as authorized by title V of the

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

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

10 $3,300,000,000 for loans to section 502 borrowers, as de11 termined by the Secretary, of which $2,300,000,000 shall

12 be for unsubsidized guaranteed loans; $35,000,000 for

13 section 504 housing repair loans; $15,000,000 for section

14 514 farm labor housing; $58,654,000 for section 515 rent15 al housing; $600,000 for section 524 site loans;

16 $50,000,000 for credit sales of acquired property; and

17 $600,000 for section 523 self-help housing land develop18 ment loans.

19 For the cost of direct and guaranteed loans, including

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

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

22 502 loans, $89,210,000, of which $6,210,000 shall be for

23 unsubsidized guaranteed loans; section 504 housing repair

24 loans, $11,081,000; section 514 farm labor housing,

25 $6,885,000; section 515 rental housing, $28,987,000: Pro-
36

•HR 3603 EH

1 vided, That no funds for new construction for section 515

2 rental housing may be available for fiscal year 1997; credit

3 sales of acquired property, $4,050,000; and section 523

4 self-help housing land development loans, $17,000.

5 In addition, for administrative expenses necessary to

6 carry out the direct and guaranteed loan programs,

7 $366,205,000, which shall be transferred to and merged

8 with the appropriation for ‘‘Rural Housing Service, Sala9 ries and Expenses’’.

10 RENTAL ASSISTANCE PROGRAM

11 For rental assistance agreements entered into or re12 newed pursuant to the authority under section 521(a)(2)

13 or agreements entered into in lieu of debt forgiveness or

14 payments for eligible households as authorized by section

15 502(c)(5)(D) of the Housing Act of 1949, as amended,

16 $493,870,000; and in addition such sums as may be nec17 essary, as authorized by section 521(c) of the Act, to liq18 uidate debt incurred prior to fiscal year 1992 to carry out

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

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

21 $5,900,000 shall be available for debt forgiveness or pay22 ments for eligible households as authorized by section

23 502(c)(5)(D) of the Act, and not to exceed $10,000 per

24 project for advances to nonprofit organizations or public

25 agencies to cover direct costs (other than purchase price)
37

•HR 3603 EH

1 incurred in purchasing projects pursuant to section

2 502(c)(5)(C) of the Act: Provided further, That agree3 ments entered into or renewed during fiscal year 1997

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

5 of any such agreement may be extended to fully utilize

6 amounts obligated.

7 MUTUAL AND SELF-HELP HOUSING GRANTS

8 For grants and contracts pursuant to section

9 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.

10 1490c), $26,000,000, to remain available until expended

11 (7 U.S.C. 2209b).

12 RURAL HOUSING ASSISTANCE PROGRAM

13 (INCLUDING TRANSFERS OF FUNDS)

14 For the cost of direct loans, loan guarantees, agree15 ments, and grants, as authorized by 7 U.S.C. 1926, 42

16 U.S.C. 1472, 1474, 1479, 1486, and 1490(a), except for

17 sections 381E, 381H, 381N of the Consolidated Farm and

18 Rural Development Act, $73,190,000, to remain available

19 until expended, for direct loans and loan guarantees for

20 community facilities, community facilities grant program,

21 rural housing for domestic farm labor grants, supervisory

22 and technical assistance grants, very low-income housing

23 repair grants, rural community fire protection grants,

24 rural housing preservation grants, and compensation for

25 construction defects of the Rural Housing Service: Pro26 vided, That the cost of direct loans and loan guarantees
38

•HR 3603 EH

1 shall be as defined in section 502 of the Congressional

2 Budget Act of 1974, as amended: Provided further, That

3 the amounts appropriated shall be transferred to loan pro4 gram and grant accounts as determined by the Secretary:

5 Provided further, That no funds for new construction re6 lating to 515 rental housing may be available for fiscal

7 year 1997: Provided further, That of the funds made avail8 able in this paragraph not more than $1,200,000 shall be

9 available for the multi-family rural housing loan guarantee

10 program as authorized by section 5 of Public Law 104–

11 120: Provided further, That if such funds are not obligated

12 for multi-family rural housing loan guarantees by June

13 30, 1997, they remain available for other authorized pur14 poses under this head: Provided further, That of the total

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

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

17 grants to be made available for empowerment zones and

18 enterprise communities as authorized by Public Law 103–

19 66: Provided further, That if such funds are not obligated

20 for empowerment zones and enterprise communities by

21 June 30, 1997, they remain available for other authorized

22 purposes under this head.

23 SALARIES AND EXPENSES

24 For necessary expenses of the Rural Housing Service,

25 including administering the programs authorized by the
39

•HR 3603 EH

1 Consolidated Farm and Rural Development Act, as

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

3 and cooperative agreements, $53,889,000: Provided, That

4 this appropriation shall be available for employment pur5 suant to the second sentence of 706(a) of the Organic Act

6 of 1944, and not to exceed $520,000 may be used for em7 ployment under 5 U.S.C. 3109.

8 RURAL BUSINESS-COOPERATIVE SERVICE

9 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For the cost of direct loans, $18,400,000, as author12 ized by the Rural Development Loan Fund (42 U.S.C.

13 9812(a)): Provided, That such costs, including the cost of

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

15 of the Congressional Budget Act of 1974: Provided fur16 ther, That these funds are available to subsidize gross obli17 gations for the principal amount of direct loans of

18 $40,000,000: Provided further, That through June 30,

19 1997, of the total amount appropriated $3,345,000 shall

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

21 zones and enterprise communities, as authorized by title

22 XIII of the Omnibus Budget Reconciliation Act of 1993,

23 to subsidize gross obligations for the principal amount of

24 direct loans, $7,246,000.
40

•HR 3603 EH

1 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For the principal amount of direct loans, as author5 ized under section 313 of the Rural Electrification Act,

6 for the purpose of promoting rural economic development

7 and job creation projects, $12,865,000.

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

9 modifying loans as defined in section 502 of the Congres10 sional Budget Act of 1974, $2,830,000. In addition, for

11 administrative expenses necessary to carry out the direct

12 loan program, $654,000, which shall be transferred to and

13 merged with the appropriation for ‘‘Salaries and Ex14 penses.’’

15 ALTERNATIVE AGRICULTURAL RESEARCH AND

16 COMMERCIALIZATION REVOLVING FUND

17 For necessary expenses to carry out the Alternative

18 Agricultural Research and Commercialization Act of 1990

19 (7 U.S.C. 5901–5908), $6,000,000 is appropriated to the

20 alternative agricultural research and commercialization re21 volving fund.

22 RURAL BUSINESS—COOPERATIVE ASSISTANCE PROGRAM

23 (INCLUDING TRANSFERS OF FUNDS)

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

25 grants, as authorized by 7 U.S.C. 1926, 1928, and 1932,

26 except for 381E, 381H, 381N of the Consolidated Farm
41

•HR 3603 EH

1 and Rural Development Act, $51,400,000, to remain

2 available until expended, for direct loans and loan guaran3 tees for business and industry assistance, rural business

4 grants, rural cooperative development grants, and rural

5 business opportunity grants of the Rural Business—Coop6 erative Service: Provided, That the cost of direct loans and

7 loan guarantees shall be as defined in section 502 of the

8 Congressional Budget Act of 1974, as amended: Provided

9 further, That $500,000 shall be available for grants to

10 qualified nonprofit organizations as authorized under sec11 tion 310B(c)(2) of the Consolidated Farm and Rural De12 velopment Act (7 U.S.C. 1932): Provided further, That the

13 amounts appropriated shall be transferred to loan pro14 gram and grant accounts as determined by the Secretary:

15 Provided further, That, of the total amount appropriated,

16 not to exceed $3,000,000 shall be available for cooperative

17 development: Provided further, That, of the total amount

18 appropriated, not to exceed $148,000 shall be available for

19 the cost of direct loans, loan guarantees, and grants to

20 be made available for business and industry loans for

21 empowerment zones and enterprise communities as au22 thorized by Public Law 103–66 and rural development

23 loans for empowerment zones and enterprise communities

24 as authorized by title XIII of the Omnibus Budget Rec25 onciliation Act of 1993: Provided further, That if such
42

•HR 3603 EH

1 funds are not obligated for empowerment zones and enter2 prise communities by June 30, 1997, they remain avail3 able for other authorized purposes under this head.

4 SALARIES AND EXPENSES

5 For necessary expenses of the Rural Business-Coop6 erative Service, including administering the programs au7 thorized by the Consolidated Farm and Rural Develop8 ment Act, as amended; section 1323 of the Food Security

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

10 activities relating to the marketing aspects of cooperatives,

11 including economic research findings, as authorized by the

12 Agricultural Marketing Act of 1946; for activities with in13 stitutions concerning the development and operation of ag14 ricultural cooperatives; and cooperative agreements;

15 $25,680,000: Provided, That this appropriation shall be

16 available for employment pursuant to the second sentence

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

18 $260,000 may be used for employment under 5 U.S.C.

19 3109.

20 RURAL UTILITIES SERVICE

21 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

22 LOANS PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 Insured loans pursuant to the authority of section

25 305 of the Rural Electrification Act of 1936, as amended
43

•HR 3603 EH

1 (7 U.S.C. 935), shall be made as follows: 5 percent rural

2 electrification loans, $125,000,000, 5 percent rural tele3 communications loans, $75,000,000; cost of money rural

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

5 rural electric loans, $525,000,000; and loans made pursu6 ant to section 306 of that Act, rural electric,

7 $300,000,000, and rural telecommunications,

8 $120,000,000, to remain available until expended.

9 For the cost, as defined in section 502 of the Con10 gressional Budget Act of 1974, including the cost of modi11 fying loans, of direct and guaranteed loans authorized by

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

13 U.S.C. 935), as follows: cost of direct loans, $4,818,000;

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

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

16 guaranteed pursuant to section 306, $2,790,000: Pro17 vided, That notwithstanding section 305(d)(2) of the

18 Rural Electrification Act of 1936, borrower interest rates

19 may exceed 7 percent per year.

20 In addition, for administrative expenses necessary to

21 carry out the direct and guaranteed loan programs,

22 $29,982,000, which shall be transferred to and merged

23 with the appropriation for ‘‘Salaries and Expenses.’’
44

•HR 3603 EH

1 RURAL TELEPHONE BANK PROGRAM ACCOUNT

2 The Rural Telephone Bank is hereby authorized to

3 make such expenditures, within the limits of funds avail4 able to such corporation in accord with law, and to make

5 such contracts and commitments without regard to fiscal

6 year limitations as provided by section 104 of the Govern7 ment Corporation Control Act, as amended, as may be

8 necessary in carrying out its authorized programs for the

9 current fiscal year. During fiscal year 1997 and within

10 the resources and authority available, gross obligations for

11 the principal amount of direct loans shall be

12 $175,000,000.

13 For the cost, as defined in section 502 of the Con14 gressional Budget Act of 1974, including the cost of modi15 fying loans, of direct loans authorized by the Rural Elec16 trification Act of 1936, as amended (7 U.S.C. 935),

17 $2,328,000.

18 In addition, for administrative expenses necessary to

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

20 DISTANCE LEARNING AND MEDICAL LINK PROGRAM

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

22 by 7 U.S.C. 950aaa et seq., as amended, $7,500,000, to

23 remain available until expended, to be available for loans

24 and grants for telemedicine and distance learning services

25 in rural areas: Provided, That the costs of direct loans
45

•HR 3603 EH

1 shall be as defined in section 502 of the Congressional

2 Budget Act of 1974.

3 RURAL UTILITIES ASSISTANCE PROGRAM

4 (INCLUDING TRANSFERS OF FUNDS)

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

6 grants, as authorized by 7 U.S.C. 1926, 1928, and 1932,

7 except for 381E, 381H, 381N of the Consolidated Farm

8 and Rural Development Act, $496,868,000, to remain

9 available until expended, for direct loans and loan guaran10 tees and grants for rural water and waste disposal, and

11 solid waste management grants of the Rural Utilities

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

13 guarantees shall be as defined in section 502 of the Con14 gressional Budget Act of 1974, as amended: Provided fur15 ther, That the amounts appropriated shall be transferred

16 to loan program and grant accounts as determined by the

17 Secretary: Provided further, That, through June 30, 1997,

18 of the total amount appropriated, $18,700,000 shall be

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

20 grants to be made available for empowerment zones and

21 enterprise communities, as authorized by Public Law 103–

22 66: Provided further, That, of the total amount appro23 priated, not to exceed $18,700,000 shall be for water and

24 waste disposal systems to benefit the Colonias along the

25 United States/Mexico border, including grants pursuant to

26 section 306C of the Consolidated Farm and Rural Devel-
46

•HR 3603 EH

1 opment Act, as amended: Provided further, That, of the

2 total amount appropriated, not to exceed $5,000,000 shall

3 be available for contracting with qualified national organi4 zations for a circuit rider program to provide technical as5 sistance for rural water systems: Provided further, That

6 an amount not less than that available in fiscal year 1996

7 be set aside and made available for ongoing technical as8 sistance under sections 306(a)(14) (7 U.S.C. 1926) and

9 310(B)(b) of the Consolidated Farm and Rural Develop10 ment Act (7 U.S.C. 1932).

11 SALARIES AND EXPENSES

12 For necessary expenses of the Rural Utilities Service,

13 including administering the programs authorized by the

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

15 Consolidated Farm and Rural Development Act, as

16 amended, and cooperative agreements, $33,195,000: Pro17 vided, That this appropriation shall be available for em18 ployment pursuant to the second sentence of 706(a) of the

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

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

21 TITLE IV

22 DOMESTIC FOOD PROGRAMS

23 OFFICE OF THE UNDER SECRETARY FOR FOOD,

24 NUTRITION AND CONSUMER SERVICES

25 For necessary salaries and expenses of the Office of

26 the Under Secretary for Food, Nutrition and Consumer
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•HR 3603 EH

1 Services to administer the laws enacted by the Congress

2 for the Food and Consumer Service, $454,000.

3 CHILD NUTRITION PROGRAMS

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses to carry out the National

6 School Lunch Act (42 U.S.C. 1751–1769b), except section

7 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1772–

8 1785, and 1789); except sections 17 and 19;

9 $8,652,597,000, to remain available through September

10 30, 1998, of which $3,218,844,000 is hereby appropriated

11 and $5,433,753,000 shall be derived by transfer from

12 funds available under section 32 of the Act of August 24,

13 1935 (7 U.S.C. 612c): Provided, That none of the funds

14 made available under this heading shall be used for new

15 studies and evaluations: Provided further, That up to

16 $4,031,000 shall be available for independent verification

17 of school food service claims.

18 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

19 WOMEN, INFANTS, AND CHILDREN (WIC)

20 For necessary expenses to carry out the special sup21 plemental nutrition program as authorized by section 17

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

23 $3,729,807,000, to remain available through September

24 30, 1998: Provided, That none of the funds made available

25 under this heading may be used to begin more than two

26 studies and evaluations: Provided further, That up to
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•HR 3603 EH

1 $6,750,000 may be used to carry out the farmers’ market

2 nutrition program from any funds not needed to maintain

3 current caseload levels: Provided further, That, of the total

4 amount of fiscal year 1996 carryover funds that cannot

5 be spent in fiscal year 1997, any funds in excess of

6 $100,000,000 may be transferred by the Secretary to

7 other programs in the Department of Agriculture, exclud8 ing the Forest Service, with prior notification to the House

9 and Senate Appropriations Committees: Provided further,

10 That none of the funds in this Act shall be available to

11 pay administrative expenses of WIC clinics except those

12 that have an announced policy of prohibiting smoking

13 within the space used to carry out the program: Provided

14 further, That none of the funds provided in this account

15 shall be available for the purchase of infant formula except

16 in accordance with the cost containment and competitive

17 bidding requirements specified in section 17 of the Child

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

19 FOOD STAMP PROGRAM

20 For necessary expenses to carry out the Food Stamp

21 Act (7 U.S.C. 2011–2029), $27,615,029,000: Provided,

22 That funds provided herein shall remain available through

23 September 30, 1997, in accordance with section 18(a) of

24 the Food Stamp Act: Provided further, That $100,000,000

25 of the foregoing amount shall be placed in reserve for use
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•HR 3603 EH

1 only in such amounts and at such times as may become

2 necessary to carry out program operations: Provided fur3 ther, That none of the funds made available under this

4 heading shall be used for new studies and evaluations:

5 Provided further, That funds provided herein shall be ex6 pended in accordance with section 16 of the Food Stamp

7 Act: Provided further, That this appropriation shall be

8 subject to any work registration or workfare requirements

9 as may be required by law: Provided further, That

10 $1,174,000,000 of the foregoing amount shall be available

11 for nutrition assistance for Puerto Rico as authorized by

12 7 U.S.C. 2028.

13 COMMODITY ASSISTANCE PROGRAM

14 For necessary expenses to carry out the commodity

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

16 of the Agriculture and Consumer Protection Act of 1973

17 (7 U.S.C. 612c (note)), the Emergency Food Assistance

18 Act of 1983, as amended, and section 110 of the Hunger

19 Prevention Act of 1988, $166,000,000, to remain avail20 able through September 30, 1998: Provided, That none

21 of these funds shall be available to reimburse the Com22 modity Credit Corporation for commodities donated to the

23 program.

24 FOOD DONATIONS PROGRAMS FOR SELECTED GROUPS

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

26 the Agriculture and Consumer Protection Act of 1973 (7
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1 U.S.C. 612c (note)), section 4(b) of the Food Stamp Act

2 (7 U.S.C. 2013(b)), and section 311 of the Older Ameri3 cans Act of 1965, as amended (42 U.S.C. 3030a),

4 $205,000,000, to remain available through September 30,

5 1998.

6 FOOD PROGRAM ADMINISTRATION

7 For necessary administrative expenses of the domes8 tic food programs funded under this Act, $104,487,000,

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

10 procedures, reducing overhead costs, tightening regula11 tions, improving food stamp coupon handling, and assist12 ance in the prevention, identification, and prosecution of

13 fraud and other violations of law: Provided, That this ap14 propriation shall be available for employment pursuant to

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

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

17 be available for employment under 5 U.S.C. 3109.

18 TITLE V

19 FOREIGN ASSISTANCE AND RELATED

20 PROGRAMS

21 FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES

22 MANAGER

23 (INCLUDING TRANSFERS OF FUNDS)

24 For necessary expenses of the Foreign Agricultural

25 Service, including carrying out title VI of the Agricultural
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•HR 3603 EH

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

2 development activities abroad, and for enabling the Sec3 retary to coordinate and integrate activities of the Depart4 ment in connection with foreign agricultural work, includ5 ing not to exceed $128,000 for representation allowances

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

7 August 3, 1956 (7 U.S.C. 1766), $128,005,000, of which

8 $2,792,000 may be transferred from the Export Loan

9 Program account in this Act, and $1,005,000 may be

10 transferred from the Public Law 480 program account in

11 this Act: Provided, That the Service may utilize advances

12 of funds, or reimburse this appropriation for expenditures

13 made on behalf of Federal agencies, public and private or14 ganizations and institutions under agreements executed

15 pursuant to the agricultural food production assistance

16 programs (7 U.S.C. 1736) and the foreign assistance pro17 grams of the International Development Cooperation Ad18 ministration (22 U.S.C. 2392): Provided further, That

19 funds provided for foreign market development to trade

20 associations, cooperatives and small businesses shall be al21 located only after a competitive bidding process to target

22 funds to those entities most likely to generate additional

23 U.S. exports as a result of the expenditure.
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•HR 3603 EH

1 None of the funds in the foregoing paragraph shall

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

3 tobacco products.

4 PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

5 (INCLUDING TRANSFERS OF FUNDS)

6 For expenses during the current fiscal year, not oth7 erwise recoverable, and unrecovered prior years’ costs, in8 cluding interest thereon, under the Agricultural Trade De9 velopment and Assistance Act of 1954, as amended (7

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

11 1731–1736g), as follows: (1) $216,400,000 for Public

12 Law 480 title I credit, including Food for Progress pro13 grams; (2) $13,905,000 is hereby appropriated for ocean

14 freight differential costs for the shipment of agricultural

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

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

17 is hereby appropriated for commodities supplied in connec18 tion with dispositions abroad pursuant to title II of said

19 Act; and (4) $29,500,000 is hereby appropriated for com20 modities supplied in connection with dispositions abroad

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

22 exceed 15 percent of the funds made available to carry

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

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

25 shall remain available until expended (7 U.S.C. 2209b).
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•HR 3603 EH

1 For the cost, as defined in section 502 of the Con2 gressional Budget Act of 1974, of direct credit agreements

3 as authorized by the Agricultural Trade Development and

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

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

6 modifying credit agreements under said Act,

7 $177,000,000.

8 In addition, for administrative expenses to carry out

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

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

11 appropriated for Public Law 480 are utilized, $1,750,000.

12 COMMODITY CREDIT CORPORATION EXPORT LOANS

13 PROGRAM ACCOUNT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For administrative expenses to carry out the Com16 modity Credit Corporation’s export guarantee program,

17 GSM 102 and GSM 103, $3,381,000; to cover common

18 overhead expenses as permitted by section 11 of the Com19 modity Credit Corporation Charter Act and in conformity

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

21 to exceed $2,792,000 may be transferred to and merged

22 with the appropriation for the salaries and expenses of the

23 Foreign Agricultural Service, and of which not to exceed

24 $589,000 may be transferred to and merged with the ap-
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•HR 3603 EH

1 propriation for the salaries and expenses of the Farm

2 Service Agency.

3 EXPORT CREDIT

4 The Commodity Credit Corporation shall make avail5 able not less than $5,500,000,000 in credit guarantees

6 under its export credit guarantee program extended to fi7 nance the export sales of United States agricultural com8 modities and the products thereof, as authorized by sec9 tion 202 (a) and (b) of the Agricultural Trade Act of 1978

10 (7 U.S.C. 5641).

11 TITLE VI

12 RELATED AGENCIES AND FOOD AND DRUG

13 ADMINISTRATION

14 DEPARTMENT OF HEALTH AND HUMAN

15 SERVICES

16 FOOD AND DRUG ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Food and Drug Ad19 ministration, including hire and purchase of passenger

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

21 District of Columbia or elsewhere; and for miscellaneous

22 and emergency expenses of enforcement activities, author23 ized and approved by the Secretary and to be accounted

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

25 $25,000; $907,499,000, of which not to exceed

26 $87,528,000 in fees pursuant to section 736 of the Fed-
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•HR 3603 EH

1 eral Food, Drug, and Cosmetic Act may be credited to

2 this appropriation and remain available until expended:

3 Provided, That fees derived from applications received

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

5 1997 limitation: Provided further, That none of these

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

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

8 In addition, fees pursuant to section 354 of the Pub9 lic Health Service Act may be credited to this account,

10 to remain available until expended.

11 In addition, fees pursuant to section 801 of the Fed12 eral Food, Drug, and Cosmetic Act may be credited to

13 this account, to remain available until expended.

14 None of the funds appropriated or made available to

15 the Federal Food and Drug Administration shall be used

16 to implement any rule finalizing the August 25, 1995 pro17 posed rule entitled ‘‘The Prescription Drug Product La18 beling; Medication Guide Requirements,’’ except as to any

19 specific drug or biological product where the FDA deter20 mines that without approved patient information there

21 would be a serious and significant public health risk.

22 Section 3 of the Saccharin Study and Labeling Act

23 (21 U.S.C 348 nt.) is amended by striking out ‘‘May 1,

24 1997’’ and inserting in lieu thereof ‘‘May 1, 2002’’.
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•HR 3603 EH

1 BUILDINGS AND FACILITIES

2 For plans, construction, repair, improvement, exten3 sion, alteration, and purchase of fixed equipment or facili4 ties of or used by the Food and Drug Administration,

5 where not otherwise provided, $21,350,000, to remain

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

7 RENTAL PAYMENTS (FDA)

8 (INCLUDING TRANSFERS OF FUNDS)

9 For payment of space rental and related costs pursu10 ant to Public Law 92–313 for programs and activities of

11 the Food and Drug Administration which are included in

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

13 Food and Drug Administration should require modifica14 tion of space needs, a share of the salaries and expenses

15 appropriation may be transferred to this appropriation, or

16 a share of this appropriation may be transferred to the

17 salaries and expenses appropriation, but such transfers

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

19 rental payments (FDA) to or from this account.

20 DEPARTMENT OF THE TREASURY

21 FINANCIAL MANAGEMENT SERVICE

22 PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL

23 ASSISTANCE CORPORATION

24 For necessary payments to the Farm Credit System

25 Financial Assistance Corporation by the Secretary of the
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•HR 3603 EH

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

2 Credit Act of 1971, as amended, for reimbursement of in3 terest expenses incurred by the Financial Assistance Cor4 poration on obligations issued through 1994, as author5 ized $10,290,000.

6 INDEPENDENT AGENCIES

7 COMMODITY FUTURES TRADING COMMISSION

8 For necessary expenses to carry out the provisions

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

10 1 et seq.), including the purchase and hire of passenger

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

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

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

14 3109; $55,101,000, including not to exceed $1,000 for of15 ficial reception and representation expenses: Provided,

16 That the Commission is authorized to charge reasonable

17 fees to attendees of Commission sponsored educational

18 events and symposia to cover the Commission’s costs of

19 providing those events and symposia, and notwithstanding

20 31 U.S.C. 3302, said fees shall be credited to this account,

21 to be available without further appropriation.

22 FARM CREDIT ADMINISTRATION

23 LIMITATION ON ADMINISTRATIVE EXPENSES

24 Not to exceed $37,478,000 (from assessments col25 lected from farm credit institutions and from the Federal
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•HR 3603 EH

1 Agricultural Mortgage Corporation) shall be obligated

2 during the current fiscal year for administrative expenses

3 as authorized under 12 U.S.C. 2249.

4 TITLE VII—GENERAL PROVISIONS

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

6 appropriations and authorizations made for the Depart7 ment of Agriculture for the fiscal year 1997 under this

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

9 specifically provided for, of not to exceed 667 passenger

10 motor vehicles, of which 643 shall be for replacement only,

11 and for the hire of such vehicles.

12 SEC. 702. Funds in this Act available to the Depart13 ment of Agriculture shall be available for uniforms or al14 lowances therefor as authorized by law (5 U.S.C. 5901–

15 5902).

16 SEC. 703. Not less than $1,500,000 of the appropria17 tions of the Department of Agriculture in this Act for re18 search and service work authorized by the Acts of August

19 14, 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629),

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

21 be available for contracting in accordance with said Acts

22 and chapter.

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

24 Working Capital Fund for the purpose of accumulating

25 growth capital for data services and National Finance
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•HR 3603 EH

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

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

3 the Department shall be transferred to the Working Cap4 ital Fund without the approval of the agency adminis5 trator.

6 SEC. 705. New obligational authority provided for the

7 following appropriation items in this Act shall remain

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

9 Plant Health Inspection Service, the contingency fund to

10 meet emergency conditions, fruit fly program, and inte11 grated systems acquisition project; Farm Service Agency,

12 salaries and expenses funds made available to county com13 mittees; and Foreign Agricultural Service, middle-income

14 country training program.

15 New obligational authority for the boll weevil pro16 gram; up to 10 percent of the screwworm program of the

17 Animal and Plant Health Inspection Service; Food Safety

18 and Inspection Service, field automation and information

19 management project; funds appropriated for rental pay20 ments; funds for the Native American institutions endow21 ment fund in the Cooperative State Research, Education,

22 and Extension Service, and funds for the competitive re23 search grants (7 U.S.C. 450i(b)), shall remain available

24 until expended.
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•HR 3603 EH

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

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

4 SEC. 707. Not to exceed $50,000 of the appropria5 tions available to the Department of Agriculture in this

6 Act shall be available to provide appropriate orientation

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

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

9 used to pay negotiated indirect cost rates on cooperative

10 agreements or similar arrangements between the United

11 States Department of Agriculture and nonprofit institu12 tions in excess of 10 percent of the total direct cost of

13 the agreement when the purpose of such cooperative ar14 rangements is to carry out programs of mutual interest

15 between the two parties. This does not preclude appro16 priate payment of indirect costs on grants and contracts

17 with such institutions when such indirect costs are com18 puted on a similar basis for all agencies for which appro19 priations are provided in this Act.

20 SEC. 709. Notwithstanding any other provision of

21 this Act, commodities acquired by the Department in con22 nection with Commodity Credit Corporation and section

23 32 price support operations may be used, as authorized

24 by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide
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•HR 3603 EH

1 commodities to individuals in cases of hardship as deter2 mined by the Secretary of Agriculture.

3 SEC. 710. None of the funds in this Act shall be avail4 able to reimburse the General Services Administration for

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

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

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

8 space or services below that of fiscal year 1996 or prohibit

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

10 funds otherwise appropriated in this Act. Further, no

11 agency of the Department of Agriculture, from funds oth12 erwise available, shall reimburse the General Services Ad13 ministration for payment of space rental and related costs

14 provided to such agency at a percentage rate which is

15 greater than is available in the case of funds appropriated

16 in this Act.

17 SEC. 711. None of the funds in this Act shall be avail18 able to restrict the authority of the Commodity Credit

19 Corporation to lease space for its own use or to lease space

20 on behalf of other agencies of the Department of Agri21 culture when such space will be jointly occupied.

22 SEC. 712. With the exception of grants awarded

23 under the Small Business Innovation Development Act of

24 1982, Public Law 97–219, as amended (15 U.S.C. 638),

25 none of the funds in this Act shall be available to pay
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•HR 3603 EH

1 indirect costs on research grants awarded competitively by

2 the Cooperative State Research, Education, and Extension

3 Service that exceed 14 percent of total Federal funds pro4 vided under each award.

5 SEC. 713. Notwithstanding any other provisions of

6 this Act, all loan levels provided in this Act shall be consid7 ered estimates, not limitations.

8 SEC. 714. Appropriations to the Department of Agri9 culture for the cost of direct and guaranteed loans made

10 available in fiscal year 1997 shall remain available until

11 expended to cover obligations made in fiscal year 1997 for

12 the following accounts: the rural development loan fund

13 program account; the Rural Telephone Bank program ac14 count; the rural electrification and telecommunications

15 loans program account; and the rural economic develop16 ment loans program account.

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

18 year 1997 pay raises for programs funded by this Act shall

19 be absorbed within the levels appropriated in this Act.

20 SEC. 716. (a) COMPLIANCE WITH BUY AMERICAN

21 ACT.—None of the funds made available in this Act may

22 be expended by an entity unless the entity agrees that in

23 expending the funds the entity will comply with sections

24 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

25 10c; popularly known as the ‘‘Buy American Act’’).
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1 (b) SENSE OF CONGRESS; REQUIREMENT REGARD2 ING NOTICE.—

3 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

4 AND PRODUCTS.—In the case of any equipment or

5 product that may be authorized to be purchased

6 with financial assistance provided using funds made

7 available in this Act, it is the sense of the Congress

8 that entities receiving the assistance should, in ex9 pending the assistance, purchase only American10 made equipment and products.

11 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

12 In providing financial assistance using funds made

13 available in this Act, the head of each Federal agen14 cy shall provide to each recipient of the assistance

15 a notice describing the statement made in paragraph

16 (1) by the Congress.

17 (c) PROHIBITION OF CONTRACTS WITH PERSONS

18 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

19 If it has been finally determined by a court or Federal

20 agency that any person intentionally affixed a label bear21 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

24 States, the person shall be ineligible to receive any con25 tract or subcontract made with funds made available in
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•HR 3603 EH

1 this Act, pursuant to the debarment, suspension, and ineli2 gibility procedures described in sections 9.400 through

3 9.409 of title 48, Code of Federal Regulations.

4 SEC. 717. Notwithstanding the Federal Grant and

5 Cooperative Agreement Act, marketing services of the Ag6 ricultural Marketing Service and the Animal and Plant

7 Health Inspection Service may use cooperative agreements

8 to reflect a relationship between Agricultural Marketing

9 Service or the Animal and Plant Health Inspection Service

10 and a State or Cooperator to carry out agricultural mar11 keting programs or to carry out programs to protect the

12 Nation’s animal and plant resources.

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

14 to retire more than 5% of the Class A stock of the Rural

15 Telephone Bank or to maintain any account or subaccount

16 within the accounting records of the Rural Telephone

17 Bank the creation of which has not specifically been au18 thorized by statute.

19 SEC. 719. None of the funds appropriated or other20 wise made available by this Act may be used to provide

21 food stamp benefits to households whose benefits are cal22 culated using a standard deduction greater than the

23 standard deduction in effect for fiscal year 1995.

24 SEC. 720. None of the funds made available in this

25 Act may be used to provide assistance to, or to pay the
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•HR 3603 EH

1 salaries of personnel who carry out a market promotion/

2 market access program pursuant to section 203 of the Ag3 ricultural Trade Act of 1978 (7 U.S.C. 5623) that pro4 vides assistance to the U.S. Mink Export Development

5 Council or any mink industry trade association.

6 SEC. 721. None of the funds appropriated or other7 wise made available by this Act shall be used to enroll

8 in excess of 130,000 acres in the fiscal year 1997 wetlands

9 reserve program, as authorized by 16 U.S.C. 3837.

10 SEC. 722. Of the funds made available by this Act,

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

12 expenses of activities related to all advisory committees,

13 panels, commissions, and task forces of the Department

14 of Agriculture except for panels used to comply with nego15 tiated rule makings.

16 SEC. 723. None of the funds appropriated or other17 wise made available by this Act shall be used to pay the

18 salaries and expenses of personnel who carry out an export

19 enhancement program if the aggregate amount of funds

20 and/or commodities under such program exceeds

21 $100,000,000.

22 SEC. 724. None of the funds appropriated or other23 wise made available by this Act shall be used to pay the

24 salaries and expenses of personnel who carry out a farm-
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•HR 3603 EH

1 land protection program in excess of $2,000,000 author2 ized by section 388 of Public Law 104–127.

3 SEC. 725. None of the funds appropriated or other4 wise made available by this Act shall be used to pay the

5 salaries and expenses of personnel who carry out a wildlife

6 habitat incentives program authorized by section 387 of

7 Public Law 104–127.

8 SEC. 726. None of the funds appropriated or other9 wise made available by this Act shall be used to pay the

10 salaries and expenses of personnel who carry out a con11 servation farm option program in excess of $2,000,000 au12 thorized by section 335 of Public Law 104–127.

13 SEC. 727. None of the funds made available in this

14 Act may be used to pay the salaries of employees of the

15 Department of Agriculture who make payments pursuant

16 to a production flexibility contract entered into under sec17 tion 111 of the Federal Agriculture Improvement and Re18 form Act of 1996 (Public Law 104–127; 7 U.S.C. 7211)

19 when it is made known to the Federal official having au20 thority to obligate or expend such funds that the land cov21 ered by that production flexibility contract is not being

22 used for the production of an agricultural commodity or

23 is not devoted to a conserving use, unless it is also made

24 known to that Federal official that the lack of agricultural
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•HR 3603 EH

1 production or the lack of a conserving use is a consequence

2 of drought, flood, or other natural disaster.

3 SEC. 728. None of the funds appropriated or other4 wise made available by this Act shall be used to extend

5 any existing or expiring contract in the Conservation Re6 serve Program authorized by 16 U.S.C. 3831–3845.

7 SEC. 729. None of the funds made available in this

8 Act may be used to maintain the price of raw cane sugar

9 (as reported for an appropriate preceding month for appli10 cable sugar futures contracts of the Coffee, Sugar, and

Cocoa Exchange, New York) at more than 1171 11 ⁄2 percent

12 of the statutory loan rate under section 158 of the Federal

13 Agriculture Improvement and Reform Act (title 1 of Pub14 lic Law 104–127).

15 SEC. 730. None of the funds appropriated in this Act

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

17 of Public Law 104–127, the Federal Agriculture Improve18 ment and Reform Act.

19 SEC. 731. (a) IN GENERAL.—Any owner on the date

20 of enactment of this Act of the right to market a non21 steroidal anti-inflammatory drug that—

22 (1) contains a patented active agent;

23 (2) has been reviewed by the Federal Food and

24 Drug Administration for a period of more than 96

25 months as a new drug application; and
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•HR 3603 EH

1 (3) was approved as safe and effective by the

2 Federal Food and Drug Administration on January

3 31, 1991, shall be entitled, for the 2-year period be4 ginning on February 28, 1997, to exclude others

5 from making, using, offering for sale, selling, or im6 porting into the United States such active agent, in

7 accordance with section 154(a)(1) of title 35, United

8 States Code.

9 (b) INFRINGEMENT.—Section 271 of title 35, United

10 States Code shall apply to the infringement of the entitle11 ment provide under subsection (a).

12 (c) NOTIFICATION.—Not later than 30 days after the

13 date of the enactment of this section, any owner granted

14 an entitlement under subsection (a) shall notify the Com15 missioner of Patents and Trademarks and the Secretary

16 for Health and Human Services of such entitlement. Not

17 later than 7 days after the receipt of such notice, the Com18 mission and the Secretary shall publish an appropriate no19 tice of the receipt of such notice.

20 SEC. 732. Funds appropriated to the Department of

21 Agriculture may be used for incidental expenses such as

22 transportation, uniforms, lodging, and subsistence for vol23 unteers serving under the authority of 7 U.S.C. 2272,

24 when such volunteers are engaged in the work of the U.S.

25 Department of Agriculture; and for promotional items of
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1 nominal value relating to the U.S. Department of Agri2 culture Volunteer Programs.

3 SEC. 733. It is the sense of Congress that, not later

4 than the date of the enactment of this Act, the Secretary

5 of Agriculture should—

6 (1) release a detailed plan for compensating

7 wheat farmers and handlers adversely affected by

8 the karnal bunt quarantine in Riverside and Impe9 rial Counties of California, which should include—

10 (A) an explanation of the factors to be

11 used to determine the compensation amount for

12 wheat farmers and handlers, including how con13 tract and spot market prices will be handled;

14 and

15 (B) compensation for farmers who have

16 crops positive for karnal bunt and compensation

17 for farmers who have crops which are negative

18 for karnal bunt, but which cannot go to market

19 due to the lack of Department action on match20 ing restrictions on the negative wheat with the

21 latest risk assessments; and

22 (2) review the risk assessments developed by

23 the University of California at Riverside and submit

24 a report to Congress describing how these risk as25 sessments will impact the Department of Agriculture
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1 policy on the quarantine area for the 1997 wheat

2 crop.

Passed the House of Representatives June 12, 1996.

Attest:

Clerk.