Union Calendar No. 303

104TH CONGRESS

2D SESSION H. R. 3603

[Report No. 104–613]

A BILL

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

JUNE 7, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 303

104TH CONGRESS

2D SESSION H. R. 3603

[Report No. 104–613]

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.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 1996

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

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

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,

3 That the following sums are appropriated, out of any

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

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

3 namely:

4 TITLE I

5 AGRICULTURAL PROGRAMS

6 PRODUCTION, PROCESSING, AND MARKETING

7 OFFICE OF THE SECRETARY

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Office of the Secretary

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

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

12 exceed $11,000 of this amount, along with any unobli13 gated balances of representation funds in the Foreign Ag14 ricultural Service shall be available for official reception

15 and representation expenses, not otherwise provided for,

16 as determined by the Secretary: Provided further, That

17 none of the funds appropriated or otherwise made avail18 able by this Act may be used to detail an individual from

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

20 or Assistant Secretary office for more than 30 days: Pro21 vided further, That none of the funds made available by

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

23 Law 104–127.
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1 EXECUTIVE OPERATIONS

2 CHIEF ECONOMIST

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

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

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

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

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

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

11 $4,231,000.

12 NATIONAL APPEALS DIVISION

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

16 U.S.C. 2225), of which not to exceed $25,000 is for em17 ployment under 5 U.S.C. 3109, $11,718,000.

18 OFFICE OF BUDGET AND PROGRAM ANALYSIS

19 For necessary expenses of the Office of Budget and

20 Program Analysis, including employment pursuant to the

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

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

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

24 CHIEF FINANCIAL OFFICER

25 For necessary expenses of the Office of the Chief Fi26 nancial Officer, including employment pursuant to the sec-
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1 ond sentence of section 706(a) of the Organic Act of 1944

2 (7 U.S.C. 2225), of which not to exceed $10,000 is for

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

4 That the Chief Financial Officer shall actively market

5 cross-servicing activities of the National Finance Center.

6 OFFICE OF THE ASSISTANT SECRETARY FOR

7 ADMINISTRATION

8 For necessary salaries and expenses of the Office of

9 the Assistant Secretary for Administration to carry out

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

11 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

12 PAYMENTS

13 (INCLUDING TRANSFERS OF FUNDS)

14 For payment of space rental and related costs pursu15 ant to Public Law 92–313, including authorities pursuant

16 to the 1984 delegation of authority from the Adminis17 trator of General Services to the Department of Agri18 culture under 40 U.S.C. 486, for programs and activities

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

20 the operation, maintenance, and repair of Agriculture

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

22 agency within the Department should require modification

23 of space needs, the Secretary of Agriculture may transfer

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

25 this Act to this appropriation, or may transfer a share
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1 of this appropriation to that agency’s appropriation, but

2 such transfers shall not exceed 5 percent of the funds

3 made available for space rental and related costs to or

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

5 improvement, extension, alteration, and purchase of fixed

6 equipment or facilities as necessary to carry out the pro7 grams of the Department, where not otherwise provided,

8 $5,000,000, to remain available until expended; making

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

10 HAZARDOUS WASTE MANAGEMENT

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses of the Department of Agri13 culture, to comply with the requirement of section 107(g)

14 of the Comprehensive Environmental Response, Com15 pensation, and Liability Act, as amended, 42 U.S.C.

16 9607(g), and section 6001 of the Resource Conservation

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

18 $15,700,000, to remain available until expended: Pro19 vided, That appropriations and funds available herein to

20 the Department for Hazardous Waste Management may

21 be transferred to any agency of the Department for its

22 use in meeting all requirements pursuant to the above

23 Acts on Federal and non-Federal lands.
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1 DEPARTMENTAL ADMINISTRATION

2 (INCLUDING TRANSFERS OF FUNDS)

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

4 provide for necessary expenses for management support

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

7 repairs and alterations, and other miscellaneous supplies

8 and expenses not otherwise provided for and necessary for

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

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

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

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

14 reimbursed from applicable appropriations in this Act for

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

17 OFFICE OF THE ASSISTANT SECRETARY FOR

18 CONGRESSIONAL RELATIONS

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary salaries and expenses of the Office of

21 the Assistant Secretary for Congressional Relations to

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

24 within the executive branch, $3,728,000: Provided, That

25 no other funds appropriated to the Department in this Act
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1 shall be available to the Department for support of activi2 ties of congressional relations: Provided further, That not

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

5 OFFICE OF COMMUNICATIONS

6 For necessary expenses to carry on services relating

7 to the coordination of programs involving public affairs,

8 for the dissemination of agricultural information, and the

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

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

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

15 may be used for farmers’ bulletins.

16 OFFICE OF THE INSPECTOR GENERAL

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses of the Office of the Inspector

19 General, including employment pursuant to the second

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

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

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

23 necessary for contracting and other arrangements with

24 public agencies and private persons pursuant to section

25 6(a)(9) of the Inspector General Act of 1978, as amended,
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1 including a sum not to exceed $50,000 for employment

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

3 $95,000 for certain confidential operational expenses in4 cluding the payment of informants, to be expended under

5 the direction of the Inspector General pursuant to Public

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

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

14 a Petition for Remission or Mitigation, shall be deposited

15 to the credit of this account for law enforcement activities

16 authorized under the Inspector General Act of 1978, as

17 amended, to remain available until expended.

18 OFFICE OF THE GENERAL COUNSEL

19 For necessary expenses of the Office of the General

20 Counsel, $27,749,000.

21 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,

22 EDUCATION AND ECONOMICS

23 For necessary salaries and expenses of the Office of

24 the Under Secretary for Research, Education and Eco25 nomics to administer the laws enacted by the Congress
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1 for the Economic Research Service, the National Agricul2 tural Statistics Service, the Agricultural Research Service,

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

5 ECONOMIC RESEARCH SERVICE

6 For necessary expenses of the Economic Research

7 Service in conducting economic research and analysis, as

8 authorized by the Agricultural Marketing Act of 1946 (7

9 U.S.C. 1621–1627) and other laws, $54,176,000: Pro10 vided, That this appropriation shall be available for em11 ployment pursuant to the second sentence of section

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

13 NATIONAL AGRICULTURAL STATISTICS SERVICE

14 For necessary expenses of the National Agricultural

15 Statistics Service in conducting statistical reporting and

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

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

21 $100,221,000, of which up to $17,500,000 shall be avail22 able until expended for the Census of Agriculture: Pro23 vided, That this appropriation shall be available for em24 ployment pursuant to the second sentence of section

25 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and
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1 not to exceed $40,000 shall be available for employment

2 under 5 U.S.C. 3109.

3 AGRICULTURAL RESEARCH SERVICE

4 For necessary expenses to enable the Agricultural Re5 search Service to perform agricultural research and dem6 onstration relating to production, utilization, marketing,

7 and distribution (not otherwise provided for); home eco8 nomics or nutrition and consumer use including the acqui9 sition, preservation, and dissemination of agricultural in10 formation; and for acquisition of lands by donation, ex11 change, or purchase at a nominal cost not to exceed $100,

12 $702,831,000: Provided, That appropriations hereunder

13 shall be available for temporary employment pursuant to

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

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

16 be available for employment under 5 U.S.C. 3109: Pro17 vided further, That appropriations hereunder shall be

18 available for the operation and maintenance of aircraft

19 and the purchase of not to exceed one for replacement

20 only: Provided further, That appropriations hereunder

21 shall be available pursuant to 7 U.S.C. 2250 for the con22 struction, alteration, and repair of buildings and improve23 ments, but unless otherwise provided the cost of construct24 ing any one building shall not exceed $250,000, except for

25 headhouses or greenhouses which shall each be limited to
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1 $1,000,000, and except for ten buildings to be constructed

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

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

4 shall not exceed 10 percent of the current replacement

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

6 Provided further, That the limitations on alterations con7 tained in this Act shall not apply to modernization or re8 placement of existing facilities at Beltsville, Maryland:

9 Provided further, That the foregoing limitations shall not

10 apply to replacement of buildings needed to carry out the

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

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

13 subdivision, organization, or individual for the purpose of

14 establishing or operating any research facility or research

15 project of the Agricultural Research Service, as authorized

16 by law.

17 None of the funds in the foregoing paragraph shall

18 be available to carry out research related to the produc19 tion, processing or marketing of tobacco or tobacco prod20 ucts.

21 BUILDINGS AND FACILITIES

22 For acquisition of land, construction, repair, improve23 ment, extension, alteration, and purchase of fixed equip24 ment or facilities as necessary to carry out the agricultural

25 research programs of the Department of Agriculture,
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1 where not otherwise provided, $59,600,000, to remain

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

3 funds may be received from any State, other political sub4 division, organization, or individual for the purpose of es5 tablishing any research facility of the Agricultural Re6 search Service, as authorized by law.

7 COOPERATIVE STATE RESEARCH, EDUCATION, AND

8 EXTENSION SERVICE

9 RESEARCH AND EDUCATION ACTIVITIES

10 For payments to agricultural experiment stations, for

11 cooperative forestry and other research, for facilities, and

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

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

14 361i); $19,882,000 for grants for cooperative forestry re15 search (16 U.S.C. 582a–582–a7); $26,902,000 for pay16 ments to the 1890 land-grant colleges, including Tuskegee

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

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

19 $11,769,000 for special grants for agricultural research

20 on improved pest control (7 U.S.C. 450i(c)); $96,735,000

21 for competitive research grants (7 U.S.C. 450i(b));

22 $4,775,000 for the support of animal health and disease

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

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

25 $500,000 for grants for research pursuant to the Critical
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1 Agricultural Materials Act of 1984 (7 U.S.C. 178) and

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

3 as amended (7 U.S.C. 3318), to remain available until ex4 pended; $475,000 for rangeland research grants (7 U.S.C.

5 3331–3336); $3,000,000 for higher education graduate

6 fellowships grants (7 U.S.C. 3152(b)(6)), to remain avail7 able until expended (7 U.S.C. 2209b); $4,000,000 for

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

9 $1,000,000 for a higher education minority scholars pro10 gram (7 U.S.C. 3152(b)(5)), to remain available until ex11 pended (7 U.S.C. 2209b); $2,000,000 for an education

12 grants program for Hispanic-serving Institutions (7

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

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

16 program of capacity building grants to colleges eligible to

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

18 321–326 and 328), including Tuskegee University 7

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

20 U.S.C. 2209b); $1,450,000 for payments to the 1994 In21 stitutions pursuant to section 534(a)(1) of Public Law

22 103–382; and $9,605,000 for necessary expenses of Re23 search and Education Activities, of which not to exceed

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

25 in all, $411,849,000.
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1 None of the funds in the foregoing paragraph shall

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

5 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

6 For establishment of a Native American institutions

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

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

9 BUILDINGS AND FACILITIES

10 For acquisition of land, construction, repair, improve11 ment, extension, alteration, and purchase of fixed equip12 ment or facilities and for grants to States and other eligi13 ble recipients for such purposes, as necessary to carry out

14 the agricultural research, extension, and teaching pro15 grams of the Department of Agriculture, where not other16 wise provided, $30,449,000, to remain available until ex17 pended (7 U.S.C. 2209b).

18 EXTENSION ACTIVITIES

19 Payments to States, the District of Columbia, Puerto

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

21 Marianas, and American Samoa: For payments for coop22 erative extension work under the Smith-Lever Act, as

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

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

25 471, for retirement and employees’ compensation costs for

26 extension agents and for costs of penalty mail for coopera-
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1 tive extension agents and State extension directors,

2 $260,438,000; payments for the nutrition and family edu3 cation program for low-income areas under section 3(d)

4 of the Act, $58,695,000; payments for the pest manage5 ment program under section 3(d) of the Act, $10,783,000;

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

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

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

9 $3,214,000; payments to upgrade 1890 land-grant college

10 research, extension, and teaching facilities as authorized

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

12 U.S.C. 3222b), $7,549,000, to remain available until ex13 pended; payments for the rural development centers under

14 section 3(d) of the Act, $908,000; payments for a ground15 water quality program under section 3(d) of the Act,

16 $10,733,000; payments for the agricultural telecommuni17 cations program, as authorized by Public Law 101–624

18 (7 U.S.C. 5926), $1,167,000; payments for youth-at-risk

19 programs under section 3(d) of the Act, $9,554,000; pay20 ments for a food safety program under section 3(d) of the

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

22 of the Renewable Resources Extension Act of 1978,

23 $3,192,000; payments for Indian reservation agents under

24 section 3(d) of the Act, $1,672,000; payments for sustain25 able agriculture programs under section 3(d) of the Act,
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1 $3,309,000; payments for rural health and safety edu2 cation as authorized by section 2390 of Public Law 101–

3 624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments

4 for cooperative extension work by the colleges receiving the

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

6 328) and Tuskegee University, $24,337,000; and for Fed7 eral administration and coordination including administra8 tion of the Smith-Lever Act, as amended, and the Act of

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

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

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

12 leadership for the extension work of the Department and

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

14 all, $409,670,000: Provided, That funds hereby appro15 priated pursuant to section 3(c) of the Act of June 26,

16 1953, and section 506 of the Act of June 23, 1972, as

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

18 Columbia, Puerto Rico, Guam, or the Virgin Islands, Mi19 cronesia, Northern Marianas, and American Samoa prior

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

21 for expenditure during the current fiscal year.

22 OFFICE OF THE ASSISTANT SECRETARY FOR

23 MARKETING AND REGULATORY PROGRAMS

24 For necessary salaries and expenses of the Office of

25 the Assistant Secretary for Marketing and Regulatory
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1 Programs to administer programs under the laws enacted

2 by the Congress for the Animal and Plant Health Inspec3 tion Service, Agricultural Marketing Service, and the

4 Grain Inspection, Packers and Stockyards Administration,

5 $618,000.

6 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For expenses, not otherwise provided for, including

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

11 amended (21 U.S.C. 114b–c), necessary to prevent, con12 trol, and eradicate pests and plant and animal diseases;

13 to carry out inspection, quarantine, and regulatory activi14 ties; to discharge the authorities of the Secretary of Agri15 culture under the Act of March 2, 1931 (46 Stat. 1468;

16 7 U.S.C. 426–426b); and to protect the environment, as

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

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

19 plant diseases, animal diseases and for control of pest ani20 mals and birds to the extent necessary to meet emergency

21 conditions: Provided, That no funds shall be used to for22 mulate or administer a brucellosis eradication program for

23 the current fiscal year that does not require minimum

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

25 further, That this appropriation shall be available for field
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1 employment pursuant to the second sentence of section

2 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

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

4 under 5 U.S.C. 3109: Provided further, That this appro5 priation shall be available for the operation and mainte6 nance of aircraft and the purchase of not to exceed four,

7 of which two shall be for replacement only: Provided fur8 ther, That, in addition, in emergencies which threaten any

9 segment of the agricultural production industry of this

10 country, the Secretary may transfer from other appropria11 tions or funds available to the agencies or corporations

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

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

14 eradication of contagious or infectious disease or pests of

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

16 with the Act of February 28, 1947, as amended, and sec17 tion 102 of the Act of September 21, 1944, as amended,

18 and any unexpended balances of funds transferred for

19 such emergency purposes in the next preceding fiscal year

20 shall be merged with such transferred amounts: Provided

21 further, That appropriations hereunder shall be available

22 pursuant to law (7 U.S.C. 2250) for the repair and alter23 ation of leased buildings and improvements, but unless

24 otherwise provided the cost of altering any one building
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1 during the fiscal year shall not exceed 10 percent of the

2 current replacement value of the building.

3 In fiscal year 1997 the agency is authorized to collect

4 fees to cover the total costs of providing technical assist5 ance, goods, or services requested by States, other political

6 subdivisions, domestic and international organizations,

7 foreign governments, or individuals, provided that such

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

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

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

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

12 until expended, without further appropriation, for provid13 ing such assistance, goods, or services.

14 Of the total amount available under this heading in

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

16 fees deposited in the Agricultural Quarantine Inspection

17 User Fee Account.

18 BUILDINGS AND FACILITIES

19 For plans, construction, repair, preventive mainte20 nance, environmental support, improvement, extension, al21 teration, and purchase of fixed equipment or facilities, as

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

23 authorized by 7 U.S.C. 428a, $3,200,000, to remain avail24 able until expended.
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1 AGRICULTURAL MARKETING SERVICE

2 MARKETING SERVICES

3 For necessary expenses to carry on services related

4 to consumer protection, agricultural marketing and dis5 tribution, transportation, and regulatory programs, as au6 thorized by law, and for administration and coordination

7 of payments to States; including field employment pursu8 ant to section 706(a) of the Organic Act of 1944 (7 U.S.C.

9 2225), and not to exceed $90,000 for employment under

10 5 U.S.C. 3109, $37,592,000, including funds for the

11 wholesale market development program for the design and

12 development of wholesale and farmer market facilities for

13 the major metropolitan areas of the country: Provided,

14 That this appropriation shall be available pursuant to law

15 (7 U.S.C. 2250) for the alteration and repair of buildings

16 and improvements, but the cost of altering any one build17 ing during the fiscal year shall not exceed 10 percent of

18 the current replacement value of the building.

19 Fees may be collected for the cost of standardization

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

21 U.S.C. 9701).

22 LIMITATION ON ADMINISTRATIVE EXPENSES

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

24 be obligated during the current fiscal year for administra25 tive expenses: Provided, That if crop size is understated

26 and/or other uncontrollable events occur, the agency may
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1 exceed this limitation by up to 10 percent with notification

2 to the Appropriations Committees.

3 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

4 SUPPLY (SECTION 32)

5 (INCLUDING TRANSFERS OF FUNDS)

6 Funds available under section 32 of the Act of Au7 gust 24, 1935 (7 U.S.C. 612c) shall be used only for com8 modity program expenses as authorized therein, and other

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

10 Department of Commerce as authorized by the Fish and

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

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

13 for formulation and administration of marketing agree14 ments and orders pursuant to the Agricultural Marketing

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

16 Act of 1961.

17 PAYMENTS TO STATES AND POSSESSIONS

18 For payments to departments of agriculture, bureaus

19 and departments of markets, and similar agencies for

20 marketing activities under section 204(b) of the Agricul21 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),

22 $1,200,000.
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1 GRAIN INSPECTION, PACKERS AND STOCKYARDS

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses to carry out the provisions

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

6 for the administration of the Packers and Stockyards Act,

7 for certifying procedures used to protect purchasers of

8 farm products, and the standardization activities related

9 to grain under the Agricultural Marketing Act of 1946,

10 as amended, including field employment pursuant to sec11 tion 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),

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

13 3109, $22,728,000: Provided, That this appropriation

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

15 alteration and repair of buildings and improvements, but

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

17 shall not exceed 10 percent of the current replacement

18 value of the building.

19 INSPECTION AND WEIGHING SERVICES

20 LIMITATION ON INSPECTION AND WEIGHING SERVICE

21 EXPENSES

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

23 be obligated during the current fiscal year for inspection

24 and weighing services: Provided, That if grain export ac25 tivities require additional supervision and oversight, or
23

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1 other uncontrollable factors occur, this limitation may be

2 exceeded by up to 10 percent with notification to the Ap3 propriations Committees.

4 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

5 For necessary salaries and expenses of the Office of

6 the Under Secretary for Food Safety to administer the

7 laws enacted by the Congress for the Food Safety and In8 spection Service, $446,000.

9 FOOD SAFETY AND INSPECTION SERVICE

10 For necessary expenses to carry on services author11 ized by the Federal Meat Inspection Act, as amended, the

12 Poultry Products Inspection Act, as amended, and the

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

14 and in addition, $1,000,000 may be credited to this ac15 count from fees collected for the cost of laboratory accredi16 tation as authorized by section 1017 of Public Law 102–

17 237: Provided, That this appropriation shall not be avail18 able for shell egg surveillance under section 5(d) of the

19 Egg Products Inspection Act (21 U.S.C. 1034(d)): Pro20 vided further, That this appropriation shall be available

21 for field employment pursuant to section 706(a) of the Or22 ganic Act of 1944 (7 U.S.C. 2225), and not to exceed

23 $75,000 shall be available for employment under 5 U.S.C.

24 3109: Provided further, That this appropriation shall be

25 available pursuant to law (7 U.S.C. 2250) for the alter-
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1 ation and repair of buildings and improvements, but the

2 cost of altering any one building during the fiscal year

3 shall not exceed 10 percent of the current replacement

4 value of the building.

5 OFFICE OF THE UNDER SECRETARY FOR FARM AND

6 FOREIGN AGRICULTURAL SERVICES

7 For necessary salaries and expenses of the Office of

8 the Under Secretary for Farm and Foreign Agricultural

9 Services to administer the laws enacted by Congress for

10 the Consolidated Farm Service Agency, Foreign Agricul11 tural Service, and the Commodity Credit Corporation,

12 $572,000.

13 FARM SERVICE AGENCY

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses for carrying out the adminis17 tration and implementation of programs administered by

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

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

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

21 Credit Corporation to make program payments for all pro22 grams administered by the Agency: Provided further, That

23 other funds made available to the Agency for authorized

24 activities may be advanced to and merged with this ac25 count: Provided further, That these funds shall be avail-
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1 able for employment pursuant to the second sentence of

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

3 2225), and not to exceed $1,000,000 shall be available for

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

5 DAIRY INDEMNITY PROGRAM

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses involved in making indemnity

8 payments to dairy farmers for milk or cows producing

9 such milk and manufacturers of dairy products who have

10 been directed to remove their milk or dairy products from

11 commercial markets because it contained residues of

12 chemicals registered and approved for use by the Federal

13 Government, and in making indemnity payments for milk,

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

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

16 commercial markets because of (1) the presence of prod17 ucts of nuclear radiation or fallout if such contamination

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

19 chemicals or toxic substances not included under the first

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

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

22 not used in a manner contrary to applicable regulations

23 or labeling instructions provided at the time of use and

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

25 $100,000, to remain available until expended (7 U.S.C.

26 2209b): Provided, That none of the funds contained in this
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1 Act shall be used to make indemnity payments to any

2 farmer whose milk was removed from commercial markets

3 as a result of his willful failure to follow procedures pre4 scribed by the Federal Government: Provided further, That

5 this amount shall be transferred to the Commodity Credit

6 Corporation: Provided further, That the Secretary is au7 thorized to utilize the services, facilities, and authorities

8 of the Commodity Credit Corporation for the purpose of

9 making dairy indemnity disbursements.

10 OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

11 For grants and contracts pursuant to section 2501

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

13 1990 (7 U.S.C. 2279), $1,000,000, to remain available

14 until expended.

15 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

16 ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For gross obligations for the principal amount of di19 rect and guaranteed loans as authorized by 7 U.S.C.

20 1928–1929, to be available from funds in the Agricultural

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

22 $600,000,000, of which $550,000,000 shall be for guaran23 teed loans; operating loans, $2,345,071,000, of which

24 $1,700,000,000 shall be for unsubsidized guaranteed

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

26 loans; Indian tribe land acquisition loans as authorized by
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1 25 U.S.C. 488, $1,000,000; for emergency insured loans,

2 $25,000,000 to meet the needs resulting from natural dis3 asters and for credit sales of acquired property,

4 $25,000,000.

5 For the cost of direct and guaranteed loans, including

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

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

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

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

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

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

12 loans; Indian tribe land acquisition loans as authorized by

13 25 U.S.C. 488, $54,000; for emergency insured loans,

14 $6,365,000 to meet the needs resulting from natural dis15 asters; and for credit sales of acquired property,

16 $2,530,000.

17 In addition, for administrative expenses necessary to

18 carry out the direct and guaranteed loan programs,

19 $221,046,000, of which $208,446,000 shall be transferred

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

21 and Expenses’’ account.

22 OFFICE OF RISK MANAGEMENT

23 For administrative and operating expenses, as au24 thorized by the Federal Agriculture Improvement and Re25 form Act of 1996 (7 U.S.C. 6933), $62,198,000: Provided,
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1 That not to exceed $700 shall be available for official re2 ception and representation expenses, as authorized by 7

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

4 CORPORATIONS

5 The following corporations and agencies are hereby

6 authorized to make expenditures, within the limits of

7 funds and borrowing authority available to each such cor8 poration or agency and in accord with law, and to make

9 contracts and commitments without regard to fiscal year

10 limitations as provided by section 104 of the Government

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

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

13 the current fiscal year for such corporation or agency, ex14 cept as hereinafter provided.

15 FEDERAL CROP INSURANCE CORPORATION FUND

16 For payments as authorized by section 516 of the

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

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

19 U.S.C. 2209b).

20 COMMODITY CREDIT CORPORATION FUND

21 REIMBURSEMENT FOR NET REALIZED LOSSES

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

23 to reimburse the Commodity Credit Corporation for net

24 realized losses sustained, but not previously reimbursed

25 (estimated to be $1,500,000,000 in the President’s fiscal
29

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

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

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

4 11).

5 OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE

6 MANAGEMENT

7 For fiscal year 1997, the Commodity Credit Corpora8 tion shall not expend more than $5,000,000 for expenses

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

10 Comprehensive Environmental Response, Compensation,

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

12 section 6001 of the Resource Conservation and Recovery

13 Act, as amended, 42 U.S.C. 6961: Provided, That ex14 penses shall be for operations and maintenance costs only

15 and that other hazardous waste management costs shall

16 be paid for by the USDA Hazardous Waste Management

17 appropriation in this Act.

18 TITLE II

19 CONSERVATION PROGRAMS

20 OFFICE OF THE UNDER SECRETARY FOR NATURAL

21 RESOURCES AND ENVIRONMENT

22 For necessary salaries and expenses of the Office of

23 the Under Secretary for Natural Resources and Environ24 ment to administer the laws enacted by the Congress for

25 the Forest Service and the Natural Resources Conserva26 tion Service, $693,000.
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1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

3 For necessary expenses for carrying out the provi4 sions of the Act of April 27, 1935 (16 U.S.C. 590a–590f)

5 including preparation of conservation plans and establish6 ment of measures to conserve soil and water (including

7 farm irrigation and land drainage and such special meas8 ures for soil and water management as may be necessary

9 to prevent floods and the siltation of reservoirs and to con10 trol agricultural related pollutants); operation of conserva11 tion plant materials centers; classification and mapping of

12 soil; dissemination of information; acquisition of lands,

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

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

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

16 3, 1956 (7 U.S.C. 428a); purchase and erection or alter17 ation or improvement of permanent and temporary build18 ings; and operation and maintenance of aircraft,

19 $619,392,000, to remain available until expended (7

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

21 snow survey and water forecasting and not less than

22 $8,825,000 is for operation and establishment of the plant

23 materials centers: Provided, That appropriations here24 under shall be available pursuant to 7 U.S.C. 2250 for

25 construction and improvement of buildings and public im-
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1 provements at plant materials centers, except that the cost

2 of alterations and improvements to other buildings and

3 other public improvements shall not exceed $250,000: Pro4 vided further, That when buildings or other structures are

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

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

7 further, That this appropriation shall be available for tech8 nical assistance and related expenses to carry out pro9 grams authorized by section 202(c) of title II of the Colo10 rado River Basin Salinity Control Act of 1974, as amend11 ed (43 U.S.C. 1592(c)): Provided further, That no part

12 of this appropriation may be expended for soil and water

13 conservation operations under the Act of April 27, 1935

14 (16 U.S.C. 590a–590f) in demonstration projects: Pro15 vided further, That this appropriation shall be available

16 for employment pursuant to the second sentence of section

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

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

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

20 local engineers may be temporarily employed at per diem

21 rates to perform the technical planning work of the Service

22 (16 U.S.C. 590e–2).

23 WATERSHED SURVEYS AND PLANNING

24 For necessary expenses to conduct research, inves25 tigation, and surveys of watersheds of rivers and other wa-
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1 terways, and for small watershed investigations and plan2 ning, in accordance with the Watershed Protection and

3 Flood Prevention Act approved August 4, 1954, as

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

5 That this appropriation shall be available for employment

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

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

8 $110,000 shall be available for employment under 5

9 U.S.C. 3109.

10 WATERSHED AND FLOOD PREVENTION OPERATIONS

11 For necessary expenses to carry out preventive meas12 ures, including but not limited to research, engineering op13 erations, methods of cultivation, the growing of vegetation,

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

15 in accordance with the Watershed Protection and Flood

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

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

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

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

20 Department, $101,036,000, to remain available until ex21 pended (7 U.S.C. 2209b) (of which up to $15,000,000

22 may be available for the watersheds authorized under the

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

24 701, 16 U.S.C. 1006a), as amended and supplemented:

25 Provided, That this appropriation shall be available for
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1 employment pursuant to the second sentence of section

2 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and

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

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

5 $1,000,000 of this appropriation is available to carry out

6 the purposes of the Endangered Species Act of 1973 (Pub7 lic Law 93–205), as amended, including cooperative ef8 forts as contemplated by that Act to relocate endangered

9 or threatened species to other suitable habitats as may be

10 necessary to expedite project construction.

11 RESOURCE CONSERVATION AND DEVELOPMENT

12 For necessary expenses in planning and carrying out

13 projects for resource conservation and development and

14 for sound land use pursuant to the provisions of section

15 32(e) of title III of the Bankhead-Jones Farm Tenant

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

17 Act of April 27, 1935 (16 U.S.C. 590a–f), and the Agri18 culture and Food Act of 1981 (16 U.S.C. 3451–3461),

19 $29,377,000, to remain available until expended (7 U.S.C.

20 2209b): Provided, That this appropriation shall be avail21 able for employment pursuant to the second sentence of

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

23 2225), and not to exceed $50,000 shall be available for

24 employment under 5 U.S.C. 3109.
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1 FORESTRY INCENTIVES PROGRAM

2 For necessary expenses, not otherwise provided for,

3 to carry out the program of forestry incentives, as author4 ized in the Cooperative Forestry Assistance Act of 1978

5 (16 U.S.C. 2101), including technical assistance and relat6 ed expenses, $6,325,000, to remain available until ex7 pended, as authorized by that Act.

8 TITLE III

9 RURAL ECONOMIC AND COMMUNITY

10 DEVELOPMENT PROGRAMS

11 OFFICE OF THE UNDER SECRETARY FOR RURAL

12 DEVELOPMENT

13 For necessary salaries and expenses of the Office of

14 the Under Secretary for Rural Development to administer

15 programs under the laws enacted by the Congress for the

16 Rural Housing Service, Rural Business-Cooperative Serv17 ice, and the Rural Utilities Service of the Department of

18 Agriculture, $588,000.

19 RURAL HOUSING SERVICE

20 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For gross obligations for the principal amount of di23 rect and guaranteed loans as authorized by title V of the

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

25 funds in the rural housing insurance fund, as follows:
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1 $3,300,000,000 for loans to section 502 borrowers, as de2 termined by the Secretary, of which $2,300,000,000 shall

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

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

5 514 farm labor housing; $58,654,000 for section 515 rent6 al housing; $600,000 for section 524 site loans;

7 $50,000,000 for credit sales of acquired property; and

8 $600,000 for section 523 self-help housing land develop9 ment loans.

10 For the cost of direct and guaranteed loans, including

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

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

13 502 loans, $89,210,000, of which $6,210,000 shall be for

14 unsubsidized guaranteed loans; section 504 housing repair

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

16 $6,885,000; section 515 rental housing, $28,987,000: Pro17 vided, That no funds for new construction for section 515

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

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

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

21 In addition, for administrative expenses necessary to

22 carry out the direct and guaranteed loan programs,

23 $366,205,000, which shall be transferred to and merged

24 with the appropriation for ‘‘Rural Housing Service, Sala25 ries and Expenses’’.
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1 RENTAL ASSISTANCE PROGRAM

2 For rental assistance agreements entered into or re3 newed pursuant to the authority under section 521(a)(2)

4 or agreements entered into in lieu of debt forgiveness or

5 payments for eligible households as authorized by section

6 502(c)(5)(D) of the Housing Act of 1949, as amended,

7 $493,870,000; and in addition such sums as may be nec8 essary, as authorized by section 521(c) of the Act, to liq9 uidate debt incurred prior to fiscal year 1992 to carry out

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

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

12 $5,900,000 shall be available for debt forgiveness or pay13 ments for eligible households as authorized by section

14 502(c)(5)(D) of the Act, and not to exceed $10,000 per

15 project for advances to nonprofit organizations or public

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

17 incurred in purchasing projects pursuant to section

18 502(c)(5)(C) of the Act: Provided further, That agree19 ments entered into or renewed during fiscal year 1997

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

21 of any such agreement may be extended to fully utilize

22 amounts obligated.

23 MUTUAL AND SELF-HELP HOUSING GRANTS

24 For grants and contracts pursuant to section

25 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.
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1 1490c), $26,000,000, to remain available until expended

2 (7 U.S.C. 2209b).

3 RURAL HOUSING ASSISTANCE PROGRAM

4 (INCLUDING TRANSFERS OF FUNDS)

5 For the cost of direct loans, loan guarantees, agree6 ments, and grants, as authorized by 7 U.S.C. 1926, 42

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

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

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

10 until expended, for direct loans and loan guarantees for

11 community facilities, community facilities grant program,

12 rural housing for domestic farm labor grants, supervisory

13 and technical assistance grants, very low-income housing

14 repair grants, rural community fire protection grants,

15 rural housing preservation grants, and compensation for

16 construction defects of the Rural Housing Service: Pro17 vided, That the cost of direct loans and loan guarantees

18 shall be as defined in section 502 of the Congressional

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

20 the amounts appropriated shall be transferred to loan pro21 gram and grant accounts as determined by the Secretary:

22 Provided further, That no funds for new construction re23 lating to 515 rental housing may be available for fiscal

24 year 1997: Provided further, That of the funds made avail25 able in this paragraph not more than $1,200,000 shall be

26 available for the multi-family rural housing loan guarantee
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1 program as authorized by section 5 of Public Law 104–

2 120: Provided further, That if such funds are not obligated

3 for multi-family rural housing loan guarantees by June

4 30, 1997, they remain available for other authorized pur5 poses under this head: Provided further, That of the total

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

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

8 grants to be made available for empowerment zones and

9 enterprise communities as authorized by Public Law 103–

10 66: Provided further, That if such funds are not obligated

11 for empowerment zones and enterprise communities by

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

13 purposes under this head.

14 SALARIES AND EXPENSES

15 For necessary expenses of the Rural Housing Service,

16 including administering the programs authorized by the

17 Consolidated Farm and Rural Development Act, as

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

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

20 this appropriation shall be available for employment pur21 suant to the second sentence of 706(a) of the Organic Act

22 of 1944, and not to exceed $520,000 may be used for em23 ployment under 5 U.S.C. 3109.
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1 RURAL BUSINESS-COOPERATIVE SERVICE

2 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For the cost of direct loans, $18,400,000, as author5 ized by the Rural Development Loan Fund (42 U.S.C.

6 9812(a)): Provided, That such costs, including the cost of

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

8 of the Congressional Budget Act of 1974: Provided fur9 ther, That these funds are available to subsidize gross obli10 gations for the principal amount of direct loans of

11 $40,000,000: Provided further, That through June 30,

12 1997, of the total amount appropriated $3,345,000 shall

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

14 zones and enterprise communities, as authorized by title

15 XIII of the Omnibus Budget Reconciliation Act of 1993,

16 to subsidize gross obligations for the principal amount of

17 direct loans, $7,246,000.

18 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

19 ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For the principal amount of direct loans, as author22 ized under section 313 of the Rural Electrification Act,

23 for the purpose of promoting rural economic development

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

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

26 modifying loans as defined in section 502 of the Congres-
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1 sional Budget Act of 1974, $2,830,000. In addition, for

2 administrative expenses necessary to carry out the direct

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

4 merged with the appropriation for ‘‘Salaries and Ex5 penses.’’

6 ALTERNATIVE AGRICULTURAL RESEARCH AND

7 COMMERCIALIZATION REVOLVING FUND

8 For necessary expenses to carry out the Alternative

9 Agricultural Research and Commercialization Act of 1990

10 (7 U.S.C. 5901–5908), $6,000,000 is appropriated to the

11 alternative agricultural research and commercialization re12 volving fund.

13 RURAL BUSINESS—COOPERATIVE ASSISTANCE PROGRAM

14 (INCLUDING TRANSFERS OF FUNDS)

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

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

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

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

19 available until expended, for direct loans and loan guaran20 tees for business and industry assistance, rural business

21 grants, rural cooperative development grants, and rural

22 business opportunity grants of the Rural Business—Coop23 erative Service: Provided, That the cost of direct loans and

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

25 Congressional Budget Act of 1974, as amended: Provided

26 further, That $500,000 shall be available for grants to
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1 qualified nonprofit organizations as authorized under sec2 tion 310B(c)(2) of the Consolidated Farm and Rural De3 velopment Act (7 U.S.C. 1932): Provided further, That the

4 amounts appropriated shall be transferred to loan pro5 gram and grant accounts as determined by the Secretary:

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

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

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

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

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

11 be made available for business and industry loans for

12 empowerment zones and enterprise communities as au13 thorized by Public Law 103–66 and rural development

14 loans for empowerment zones and enterprise communities

15 as authorized by title XIII of the Omnibus Budget Rec16 onciliation Act of 1993: Provided further, That if such

17 funds are not obligated for empowerment zones and enter18 prise communities by June 30, 1997, they remain avail19 able for other authorized purposes under this head.

20 SALARIES AND EXPENSES

21 For necessary expenses of the Rural Business-Coop22 erative Service, including administering the programs au23 thorized by the Consolidated Farm and Rural Develop24 ment Act, as amended; section 1323 of the Food Security

25 Act of 1985; the Cooperative Marketing Act of 1926; for
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1 activities relating to the marketing aspects of cooperatives,

2 including economic research findings, as authorized by the

3 Agricultural Marketing Act of 1946; for activities with in4 stitutions concerning the development and operation of ag5 ricultural cooperatives; and cooperative agreements;

6 $25,680,000: Provided, That this appropriation shall be

7 available for employment pursuant to the second sentence

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

9 $260,000 may be used for employment under 5 U.S.C.

10 3109.

11 RURAL UTILITIES SERVICE

12 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

13 LOANS PROGRAM ACCOUNT

14 (INCLUDING TRANSFERS OF FUNDS)

15 Insured loans pursuant to the authority of section

16 305 of the Rural Electrification Act of 1936, as amended

17 (7 U.S.C. 935), shall be made as follows: 5 percent rural

18 electrification loans, $125,000,000, 5 percent rural tele19 communications loans, $75,000,000; cost of money rural

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

21 rural electric loans, $525,000,000; and loans made pursu22 ant to section 306 of that Act, rural electric,

23 $300,000,000, and rural telecommunications,

24 $120,000,000, to remain available until expended.
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1 For the cost, as defined in section 502 of the Con2 gressional Budget Act of 1974, including the cost of modi3 fying loans, of direct and guaranteed loans authorized by

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

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

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

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

8 guaranteed pursuant to section 306, $2,790,000: Pro9 vided, That notwithstanding section 305(d)(2) of the

10 Rural Electrification Act of 1936, borrower interest rates

11 may exceed 7 percent per year.

12 In addition, for administrative expenses necessary to

13 carry out the direct and guaranteed loan programs,

14 $29,982,000, which shall be transferred to and merged

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

16 RURAL TELEPHONE BANK PROGRAM ACCOUNT

17 The Rural Telephone Bank is hereby authorized to

18 make such expenditures, within the limits of funds avail19 able to such corporation in accord with law, and to make

20 such contracts and commitments without regard to fiscal

21 year limitations as provided by section 104 of the Govern22 ment Corporation Control Act, as amended, as may be

23 necessary in carrying out its authorized programs for the

24 current fiscal year. During fiscal year 1997 and within

25 the resources and authority available, gross obligations for
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1 the principal amount of direct loans shall be

2 $175,000,000.

3 For the cost, as defined in section 502 of the Con4 gressional Budget Act of 1974, including the cost of modi5 fying loans, of direct loans authorized by the Rural Elec6 trification Act of 1936, as amended (7 U.S.C. 935),

7 $2,328,000.

8 In addition, for administrative expenses necessary to

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

10 DISTANCE LEARNING AND MEDICAL LINK PROGRAM

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

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

13 remain available until expended, to be available for loans

14 and grants for telemedicine and distance learning services

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

16 shall be as defined in section 502 of the Congressional

17 Budget Act of 1974.

18 RURAL UTILITIES ASSISTANCE PROGRAM

19 (INCLUDING TRANSFERS OF FUNDS)

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

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

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

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

24 available until expended, for direct loans and loan guaran25 tees and grants for rural water and waste disposal, and

26 solid waste management grants of the Rural Utilities
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1 Service: Provided, That the cost of direct loans and loan

2 guarantees shall be as defined in section 502 of the Con3 gressional Budget Act of 1974, as amended: Provided fur4 ther, That the amounts appropriated shall be transferred

5 to loan program and grant accounts as determined by the

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

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

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

9 grants to be made available for empowerment zones and

10 enterprise communities, as authorized by Public Law 103–

11 66: Provided further, That, of the total amount appro12 priated, not to exceed $18,700,000 shall be for water and

13 waste disposal systems to benefit the Colonias along the

14 United States/Mexico border, including grants pursuant to

15 section 306C of the Consolidated Farm and Rural Devel16 opment Act, as amended: Provided further, That, of the

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

18 be available for contracting with qualified national organi19 zations for a circuit rider program to provide technical as20 sistance for rural water systems: Provided further, That

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

22 be set aside and made available for ongoing technical as23 sistance under sections 306(a)(14) (7 U.S.C. 1926) and

24 310(B)(b) of the Consolidated Farm and Rural Develop25 ment Act (7 U.S.C. 1932).
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1 SALARIES AND EXPENSES

2 For necessary expenses of the Rural Utilities Service,

3 including administering the programs authorized by the

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

5 Consolidated Farm and Rural Development Act, as

6 amended, and cooperative agreements, $33,195,000: Pro7 vided, That this appropriation shall be available for em8 ployment pursuant to the second sentence of 706(a) of the

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

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

11 TITLE IV

12 DOMESTIC FOOD PROGRAMS

13 OFFICE OF THE UNDER SECRETARY FOR FOOD,

14 NUTRITION AND CONSUMER SERVICES

15 For necessary salaries and expenses of the Office of

16 the Under Secretary for Food, Nutrition and Consumer

17 Services to administer the laws enacted by the Congress

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

19 CHILD NUTRITION PROGRAMS

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses to carry out the National

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

23 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1772–

24 1785, and 1789); except sections 17 and 19;

25 $8,652,597,000, to remain available through September

26 30, 1998, of which $3,218,844,000 is hereby appropriated
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1 and $5,433,753,000 shall be derived by transfer from

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

3 1935 (7 U.S.C. 612c): Provided, That none of the funds

4 made available under this heading shall be used for studies

5 and evaluations: Provided further, That up to $4,031,000

6 shall be available for independent verification of school

7 food service claims.

8 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

9 WOMEN, INFANTS, AND CHILDREN (WIC)

10 For necessary expenses to carry out the special sup11 plemental nutrition program as authorized by section 17

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

13 $3,729,807,000, to remain available through September

14 30, 1998: Provided, That none of the funds made available

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

16 studies and evaluations: Provided further, That up to

17 $6,750,000 may be used to carry out the farmers’ market

18 nutrition program from any funds not needed to maintain

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

20 amount of fiscal year 1996 carryover funds that cannot

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

22 $100,000,000 may be transferred by the Secretary to

23 other programs in the Department of Agriculture, exclud24 ing the Forest Service, with prior notification to the House

25 and Senate Appropriations Committees: Provided further,

26 That none of the funds in this Act shall be available to
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1 pay administrative expenses of WIC clinics except those

2 that have an announced policy of prohibiting smoking

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

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

5 shall be available for the purchase of infant formula except

6 in accordance with the cost containment and competitive

7 bidding requirements specified in section 17 of the Child

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

9 FOOD STAMP PROGRAM

10 For necessary expenses to carry out the Food Stamp

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

12 That funds provided herein shall remain available through

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

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

15 of the foregoing amount shall be placed in reserve for use

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

17 necessary to carry out program operations: Provided fur18 ther, That none of the funds made available under this

19 heading shall be used for studies and evaluations: Provided

20 further, That funds provided herein shall be expended in

21 accordance with section 16 of the Food Stamp Act: Pro22 vided further, That this appropriation shall be subject to

23 any work registration or workfare requirements as may

24 be required by law: Provided further, That $1,174,000,000

25 of the foregoing amount shall be available for nutrition
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1 assistance for Puerto Rico as authorized by 7 U.S.C.

2 2028.

3 COMMODITY ASSISTANCE PROGRAM

4 For necessary expenses to carry out the commodity

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

6 of the Agriculture and Consumer Protection Act of 1973

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

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

9 Prevention Act of 1988, $166,000,000, to remain avail10 able through September 30, 1998: Provided, That none

11 of these funds shall be available to reimburse the Com12 modity Credit Corporation for commodities donated to the

13 program.

14 FOOD DONATIONS PROGRAMS FOR SELECTED GROUPS

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

16 the Agriculture and Consumer Protection Act of 1973 (7

17 U.S.C. 612c (note)), section 4(b) of the Food Stamp Act

18 (7 U.S.C. 2013(b)), and section 311 of the Older Ameri19 cans Act of 1965, as amended (42 U.S.C. 3030a),

20 $205,000,000, to remain available through September 30,

21 1998.

22 FOOD PROGRAM ADMINISTRATION

23 For necessary administrative expenses of the domes24 tic food programs funded under this Act, $104,487,000,

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

26 procedures, reducing overhead costs, tightening regula-
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1 tions, improving food stamp coupon handling, and assist2 ance in the prevention, identification, and prosecution of

3 fraud and other violations of law: Provided, That this ap4 propriation shall be available for employment pursuant to

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

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

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

8 TITLE V

9 FOREIGN ASSISTANCE AND RELATED

10 PROGRAMS

11 FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES

12 MANAGER

13 (INCLUDING TRANSFERS OF FUNDS)

14 For necessary expenses of the Foreign Agricultural

15 Service, including carrying out title VI of the Agricultural

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

17 development activities abroad, and for enabling the Sec18 retary to coordinate and integrate activities of the Depart19 ment in connection with foreign agricultural work, includ20 ing not to exceed $128,000 for representation allowances

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

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

23 $2,792,000 may be transferred from the Export Loan

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

25 transferred from the Public Law 480 program account in
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1 this Act: Provided, That the Service may utilize advances

2 of funds, or reimburse this appropriation for expenditures

3 made on behalf of Federal agencies, public and private or4 ganizations and institutions under agreements executed

5 pursuant to the agricultural food production assistance

6 programs (7 U.S.C. 1736) and the foreign assistance pro7 grams of the International Development Cooperation Ad8 ministration (22 U.S.C. 2392): Provided further, That

9 funds provided for foreign market development to trade

10 associations, cooperatives and small businesses shall be al11 located only after a competitive bidding process to target

12 funds to those entities most likely to generate additional

13 U.S. exports as a result of the expenditure.

14 None of the funds in the foregoing paragraph shall

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

16 tobacco products.

17 PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS

18 (INCLUDING TRANSFERS OF FUNDS)

19 For expenses during the current fiscal year, not oth20 erwise recoverable, and unrecovered prior years’ costs, in21 cluding interest thereon, under the Agricultural Trade De22 velopment and Assistance Act of 1954, as amended (7

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

24 1731–1736g), as follows: (1) $216,400,000 for Public

25 Law 480 title I credit, including Food for Progress pro-
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1 grams; (2) $13,905,000 is hereby appropriated for ocean

2 freight differential costs for the shipment of agricultural

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

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

5 is hereby appropriated for commodities supplied in connec6 tion with dispositions abroad pursuant to title II of said

7 Act; and (4) $29,500,000 is hereby appropriated for com8 modities supplied in connection with dispositions abroad

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

10 exceed 15 percent of the funds made available to carry

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

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

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

14 For the cost, as defined in section 502 of the Con15 gressional Budget Act of 1974, of direct credit agreements

16 as authorized by the Agricultural Trade Development and

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

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

19 modifying credit agreements under said Act,

20 $177,000,000.

21 In addition, for administrative expenses to carry out

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

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

24 appropriated for Public Law 480 are utilized, $1,750,000.
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1 COMMODITY CREDIT CORPORATION EXPORT LOANS

2 PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the Com5 modity Credit Corporation’s export guarantee program,

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

7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity

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

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

11 with the appropriation for the salaries and expenses of the

12 Foreign Agricultural Service, and of which not to exceed

13 $589,000 may be transferred to and merged with the ap14 propriation for the salaries and expenses of the Farm

15 Service Agency.

16 EXPORT CREDIT

17 The Commodity Credit Corporation shall make avail18 able not less than $5,500,000,000 in credit guarantees

19 under its export credit guarantee program extended to fi20 nance the export sales of United States agricultural com21 modities and the products thereof, as authorized by sec22 tion 202 (a) and (b) of the Agricultural Trade Act of 1978

23 (7 U.S.C. 5641).
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1 TITLE VI

2 RELATED AGENCIES AND FOOD AND DRUG

3 ADMINISTRATION

4 DEPARTMENT OF HEALTH AND HUMAN

5 SERVICES

6 FOOD AND DRUG ADMINISTRATION

7 SALARIES AND EXPENSES

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

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

11 District of Columbia or elsewhere; and for miscellaneous

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

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

15 $25,000; $907,499,000, of which not to exceed

16 $87,528,000 in fees pursuant to section 736 of the Fed17 eral Food, Drug, and Cosmetic Act may be credited to

18 this appropriation and remain available until expended:

19 Provided, That fees derived from applications received

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

21 1997 limitation: Provided further, That none of these

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

23 program of user fees authorized by 31 U.S.C. 9701.
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1 In addition, fees pursuant to section 354 of the Pub2 lic Health Service Act may be credited to this account,

3 to remain available until expended.

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

6 this account, to remain available until expended.

7 None of the funds appropriated or made available to

8 the Federal Food and Drug Administration shall be used

9 to implement any rule finalizing the August 25, 1995 pro10 posed rule entitled ‘‘The Prescription Drug Product La11 beling; Medication Guide Requirements,’’ except as to any

12 specific drug or biological product where the FDA deter13 mines that without approved patient information there

14 would be a serious and significant public health risk.

15 Section 3 of the Saccharin Study and Labeling Act

16 (21 U.S.C 348 nt.) is amended by striking out ‘‘May 1,

17 1997’’ and inserting in lieu thereof ‘‘May 1, 2002’’.

18 BUILDINGS AND FACILITIES

19 For plans, construction, repair, improvement, exten20 sion, alteration, and purchase of fixed equipment or facili21 ties of or used by the Food and Drug Administration,

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

23 available until expended (7 U.S.C. 2209b).
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1 RENTAL PAYMENTS (FDA)

2 (INCLUDING TRANSFERS OF FUNDS)

3 For payment of space rental and related costs pursu4 ant to Public Law 92–313 for programs and activities of

5 the Food and Drug Administration which are included in

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

7 Food and Drug Administration should require modifica8 tion of space needs, a share of the salaries and expenses

9 appropriation may be transferred to this appropriation, or

10 a share of this appropriation may be transferred to the

11 salaries and expenses appropriation, but such transfers

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

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

14 DEPARTMENT OF THE TREASURY

15 FINANCIAL MANAGEMENT SERVICE

16 PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL

17 ASSISTANCE CORPORATION

18 For necessary payments to the Farm Credit System

19 Financial Assistance Corporation by the Secretary of the

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

21 Credit Act of 1971, as amended, for reimbursement of in22 terest expenses incurred by the Financial Assistance Cor23 poration on obligations issued through 1994, as author24 ized $10,290,000.
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1 INDEPENDENT AGENCIES

2 COMMODITY FUTURES TRADING COMMISSION

3 For necessary expenses to carry out the provisions

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

5 1 et seq.), including the purchase and hire of passenger

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

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

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

9 3109; $55,101,000, including not to exceed $1,000 for of10 ficial reception and representation expenses: Provided,

11 That the Commission is authorized to charge reasonable

12 fees to attendees of Commission sponsored educational

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

14 providing those events and symposia, and notwithstanding

15 31 U.S.C. 3302, said fees shall be credited to this account,

16 to be available without further appropriation.

17 FARM CREDIT ADMINISTRATION

18 LIMITATION ON ADMINISTRATIVE EXPENSES

19 Not to exceed $37,478,000 (from assessments col20 lected from farm credit institutions and from the Federal

21 Agricultural Mortgage Corporation) shall be obligated

22 during the current fiscal year for administrative expenses

23 as authorized under 12 U.S.C. 2249.
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1 TITLE VII—GENERAL PROVISIONS

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

3 appropriations and authorizations made for the Depart4 ment of Agriculture for the fiscal year 1997 under this

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

6 specifically provided for, of not to exceed 667 passenger

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

8 and for the hire of such vehicles.

9 SEC. 702. Funds in this Act available to the Depart10 ment of Agriculture shall be available for uniforms or al11 lowances therefor as authorized by law (5 U.S.C. 5901–

12 5902).

13 SEC. 703. Not less than $1,500,000 of the appropria14 tions of the Department of Agriculture in this Act for re15 search and service work authorized by the Acts of August

16 14, 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629),

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

18 be available for contracting in accordance with said Acts

19 and chapter.

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

21 Working Capital Fund for the purpose of accumulating

22 growth capital for data services and National Finance

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

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

25 the Department shall be transferred to the Working Cap-
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1 ital Fund without the approval of the agency adminis2 trator.

3 SEC. 705. New obligational authority provided for the

4 following appropriation items in this Act shall remain

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

6 Plant Health Inspection Service, the contingency fund to

7 meet emergency conditions, fruit fly program, and inte8 grated systems acquisition project; Farm Service Agency,

9 salaries and expenses funds made available to county com10 mittees; and Foreign Agricultural Service, middle-income

11 country training program.

12 New obligational authority for the boll weevil pro13 gram; up to 10 percent of the screwworm program of the

14 Animal and Plant Health Inspection Service; Food Safety

15 and Inspection Service, field automation and information

16 management project; funds appropriated for rental pay17 ments; funds for the Native American institutions endow18 ment fund in the Cooperative State Research, Education,

19 and Extension Service, and funds for the competitive re20 search grants (7 U.S.C. 450i(b)), shall remain available

21 until expended.

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

23 this Act shall remain available for obligation beyond the

24 current fiscal year unless expressly so provided herein.
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1 SEC. 707. Not to exceed $50,000 of the appropria2 tions available to the Department of Agriculture in this

3 Act shall be available to provide appropriate orientation

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

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

6 used to pay negotiated indirect cost rates on cooperative

7 agreements or similar arrangements between the United

8 States Department of Agriculture and nonprofit institu9 tions in excess of 10 percent of the total direct cost of

10 the agreement when the purpose of such cooperative ar11 rangements is to carry out programs of mutual interest

12 between the two parties. This does not preclude appro13 priate payment of indirect costs on grants and contracts

14 with such institutions when such indirect costs are com15 puted on a similar basis for all agencies for which appro16 priations are provided in this Act.

17 SEC. 709. Notwithstanding any other provision of

18 this Act, commodities acquired by the Department in con19 nection with Commodity Credit Corporation and section

20 32 price support operations may be used, as authorized

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

22 commodities to individuals in cases of hardship as deter23 mined by the Secretary of Agriculture.

24 SEC. 710. None of the funds in this Act shall be avail25 able to reimburse the General Services Administration for
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1 payment of space rental and related costs in excess of the

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

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

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

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

6 funds otherwise appropriated in this Act. Further, no

7 agency of the Department of Agriculture, from funds oth8 erwise available, shall reimburse the General Services Ad9 ministration for payment of space rental and related costs

10 provided to such agency at a percentage rate which is

11 greater than is available in the case of funds appropriated

12 in this Act.

13 SEC. 711. None of the funds in this Act shall be avail14 able to restrict the authority of the Commodity Credit

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

16 on behalf of other agencies of the Department of Agri17 culture when such space will be jointly occupied.

18 SEC. 712. With the exception of grants awarded

19 under the Small Business Innovation Development Act of

20 1982, Public Law 97–219, as amended (15 U.S.C. 638),

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

22 indirect costs on research grants awarded competitively by

23 the Cooperative State Research, Education, and Extension

24 Service that exceed 14 percent of total Federal funds pro25 vided under each award.
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1 SEC. 713. Notwithstanding any other provisions of

2 this Act, all loan levels provided in this Act shall be consid3 ered estimates, not limitations.

4 SEC. 714. Appropriations to the Department of Agri5 culture for the cost of direct and guaranteed loans made

6 available in fiscal year 1997 shall remain available until

7 expended to cover obligations made in fiscal year 1997 for

8 the following accounts: the rural development loan fund

9 program account; the Rural Telephone Bank program ac10 count; the rural electrification and telecommunications

11 loans program account; and the rural economic develop12 ment loans program account.

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

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

15 be absorbed within the levels appropriated in this Act.

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

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

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

19 expending the funds the entity will comply with sections

20 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

21 10c; popularly known as the ‘‘Buy American Act’’).

22 (b) SENSE OF CONGRESS; REQUIREMENT REGARD23 ING NOTICE.—

24 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

25 AND PRODUCTS.—In the case of any equipment or
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1 product that may be authorized to be purchased

2 with financial assistance provided using funds made

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

4 that entities receiving the assistance should, in ex5 pending the assistance, purchase only American6 made equipment and products.

7 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

8 In providing financial assistance using funds made

9 available in this Act, the head of each Federal agen10 cy shall provide to each recipient of the assistance

11 a notice describing the statement made in paragraph

12 (1) by the Congress.

13 (c) PROHIBITION OF CONTRACTS WITH PERSONS

14 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

16 agency that any person intentionally affixed a label bear17 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

20 States, the person shall be ineligible to receive any con21 tract or subcontract made with funds made available in

22 this Act, pursuant to the debarment, suspension, and ineli23 gibility procedures described in sections 9.400 through

24 9.409 of title 48, Code of Federal Regulations.
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1 SEC. 717. Notwithstanding the Federal Grant and

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

4 Health Inspection Service may use cooperative agreements

5 to reflect a relationship between Agricultural Marketing

6 Service or the Animal and Plant Health Inspection Service

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

9 Nation’s animal and plant resources.

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

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

12 Telephone Bank or to maintain any account or subaccount

13 within the accounting records of the Rural Telephone

14 Bank the creation of which has not specifically been au15 thorized by statute.

16 SEC. 719. None of the funds appropriated or other17 wise made available by this Act may be used to provide

18 food stamp benefits to households whose benefits are cal19 culated using a standard deduction greater than the

20 standard deduction in effect for fiscal year 1995.

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

22 Act may be used to provide assistance to, or to pay the

23 salaries of personnel who carry out a market promotion/

24 market access program pursuant to section 203 of the Ag25 ricultural Trade Act of 1978 (7 U.S.C. 5623) that pro-
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1 vides assistance to the U.S. Mink Export Development

2 Council or any mink industry trade association.

3 SEC. 721. None of the funds appropriated or other4 wise made available by this Act shall be used to enroll

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

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

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

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

9 expenses of activities related to all advisory committees,

10 panels, commissions, and task forces of the Department

11 of Agriculture except for panels used to comply with nego12 tiated rule makings.

13 SEC. 723. None of the funds appropriated or other14 wise made available by this Act shall be used to pay the

15 salaries and expenses of personnel who carry out an export

16 enhancement program if the aggregate amount of funds

17 and/or commodities under such program exceeds

18 $100,000,000.

19 SEC. 724. None of the funds appropriated or other20 wise made available by this Act shall be used to pay the

21 salaries and expenses of personnel who carry out a farm22 land protection program in excess of $2,000,000 author23 ized by section 388 of Public Law 104–127.

24 SEC. 725. None of the funds appropriated or other25 wise made available by this Act shall be used to pay the
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1 salaries and expenses of personnel who carry out a wildlife

2 habitat incentives program authorized by section 387 of

3 Public Law 104–127.

4 SEC. 726. None of the funds appropriated or other5 wise made available by this Act shall be used to pay the

6 salaries and expenses of personnel who carry out a con7 servation farm option program in excess of $2,000,000 au8 thorized by section 335 of Public Law 104–127.

9 SEC. 727. None of the funds appropriated or other10 wise made available to the Department of Agriculture

11 shall be used to transmit or otherwise make available to

12 any non-Department of Agriculture employee questions or

13 responses to questions that are a result of information re14 quested for the appropriations hearing process.

15 SEC. 728. None of the funds made available in this

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

17 Department of Agriculture who make payments pursuant

18 to a production flexibility contract entered into under sec19 tion 111 of the Federal Agriculture Improvement and Re20 form Act of 1996 (Public Law 104–127; 7 U.S.C. 7211)

21 when it is made known to the Federal official having au22 thority to obligate or expend such funds that the land cov23 ered by that production flexibility contract is not being

24 used for the production of an agricultural commodity or

25 is not devoted to a conserving use, unless it is also made
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1 known to that Federal official that the lack of agricultural

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

3 of drought, flood, or other natural disaster.

4 SEC. 729. None of the funds appropriated or other5 wise made available by this Act shall be used to extend

6 any existing or expiring contract in the Conservation Re7 serve Program authorized by 16 U.S.C. 3831–3845.

8 SEC. 730. None of the funds made available in this

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

10 (as reported for an appropriate preceding month for appli11 cable sugar futures contracts of the Coffee, Sugar, and

Cocoa Exchange, New York) at more than 1171 12 ⁄2 percent

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

14 Agriculture Improvement and Reform Act (title 1 of Pub15 lic Law 104–127).

16 SEC. 731. None of the funds appropriated in this Act

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

18 of Public Law 104–127, the Federal Agriculture Improve19 ment and Reform Act.

20 SEC. 732. (a) IN GENERAL.—Any owner on the date

21 of enactment of this Act of the right to market a non22 steroidal anti-inflammatory drug that—

23 (1) contains a patented active agent;
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1 (2) has been reviewed by the Federal Food and

2 Drug Administration for a period of more than 96

3 months as a new drug application; and

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

5 Federal Food and Drug Administration on January

6 31, 1991, shall be entitled, for the 2-year period be7 ginning on February 28, 1997, to exclude others

8 from making, using, offering for sale, selling, or im9 porting into the United States such active agent, in

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

11 States Code.

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

13 States Code shall apply to the infringement of the entitle14 ment provide under subsection (a).

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

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

17 an entitlement under subsection (a) shall notify the Com18 missioner of Patents and Trademarks and the Secretary

19 for Health and Human Services of such entitlement. Not

20 later than 7 days after the receipt of such notice, the Com21 mission and the Secretary shall publish an appropriate no22 tice of the receipt of such notice.

23 SEC. 733. Funds appropriated to the Department of

24 Agriculture may be used for incidental expenses such as

25 transportation, uniforms, lodging, and subsistence for vol-
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1 unteers serving under the authority of 7 U.S.C. 2272,

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

3 Department of Agriculture; and for promotional items of

4 nominal value relating to the U.S. Department of Agri5 culture Volunteer Programs.