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(1) the Food and Drug Administration should,
in consultation with the Environmental Protection
Agency, assess the risks and benefits to the environ-
ment and to patient health of the proposal and any
alternatives;
(2) in conducting such assessments, the Food and
Drug Administration should consult with patients,
physicians, other health care providers, manufacturers
of metered-dose inhalers, and other interested parties;
(3) using the results of these assessments, and the
information contained in the comments the Food and
Drug Administration has received on the proposal,
the Food and Drug Administration should promptly
issue a rule ensuring that a range of non-
chloroflourocarbon metered-dose inhaler alternatives is
available for users, comparable to existing treatments
in terms of safety, efficacy, and other appropriate pa-
rameters necessary to meet patient needs, which rule
should not be based on a therapeutic class phaseout
approach; and
(4) the Food and Drug Administration should
issue a proposed rule described in paragraph (3) not
later than May 1, 1999.
SEC. 756. REPORT ON MARKET ACCESS PROGRAM. (a)
IN GENERAL.—Not later than 180 days after the date of
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enactment of this Act, the Secretary of Agriculture, in con-
sultation with the Comptroller General of the United States,
shall submit to the committees of Congress specified in sub-
section (c) a report that, as determined by the Secretary—
(1)(A) analyzes the costs and benefits of pro-
grams carried out under that section in compliance
with the cost-benefit analysis guidelines established by
the Office of Management and Budget in Circular A–
94, dated October 29, 1992; and
(B) in any macroeconomic studies, treats re-
sources in the United States as if the resources were
likely to be fully employed;
(2) considers all potential costs and benefits of
the programs carried out under that section, specifi-
cally noting potential distortions in the economy that
could lower national output of goods and services and
employment;
(3) estimates the impact of programs carried out
under that section on the agricultural sector and on
consumers and other sectors of the economy in the
United States;
(4) considers costs and benefits of operations re-
lating to alternative uses of the budget for the pro-
grams under that section;
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(5)(A) analyzes the relation between the prior-
ities and spending levels of programs carried out
under that section and the privately funded market
promotion activities undertaken by participants in
the programs; and
(B) evaluates the spending additionality for par-
ticipants resulting from the program;
(6) conducts an analysis of the amount of export
additionality for activities financed under programs
carried out under that section in sponsored countries,
controlling for relevant variables, including—
(A) information on the levels of private ex-
penditures for promotion;
(B) government promotion by competitor
nations;
(C) changes in foreign and domestic supply
conditions;
(D) changes in exchange rates; and
(E) the effect of ongoing trade liberaliza-
tion;
(7) provides an evaluation of the sustainability
of promotional effort in sponsored markets for recipi-
ents in the absence of government subsidies.
(b) EVALUATION BY COMPTROLLER GENERAL.—The
Comptroller General of the United States shall submit an
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evaluation of the report to the committees specified in sub-
section (c).
(c) COMMITTEES OF CONGRESS.—The committees of
Congress referred to in subsection (a) are—
(1) the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate; and
(2) the Committee on Appropriations of the
House of Representatives and the Committee on Ap-
propriations of the Senate.
SEC. 757. SENSE OF THE SENATE CONCERNING AP-
PROPRIATE ACTIONS TO BE TAKEN TO ALLEVIATE THE
ECONOMIC EFFECT OF LOW COMMODITY PRICES. It is the
sense of the Senate that—
(1) Congress should pass and the President
should sign S.1269, which would reauthorize fast-
track trading authority for the President;
(2) Congress should pass and the President
should sign S.2078, the Farm and Ranch Risk Man-
agement Act, which would allow farmers and ranch-
ers to better prepare for fluctuations in the agricul-
tural economy;
(3) the House of Representatives should follow
the Senate and provide full funding for the Inter-
national Monetary Fund;
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(4) Congress should pass and the President
should sign sanctions reform legislation so that the
agricultural economy of the United States is not
harmed by sanctions on foreign trade;
(5) Congress should uphold the Presidential
waiver of the Jackson-Vanik amendment to the 1974
Trade Act providing normal trade relations status for
China and continue to pursue normal trade relations
with China;
(6) the House and Senate should continue to
pursue a package of capital gains and estate tax re-
forms;
(7) the President should pursue stronger over-
sight on all international trade agreements affecting
agriculture and commerce dispute settlement proce-
dures when countries are found to be violating such
trade agreements;
(8) the President should sign legislation provid-
ing full deductibility of health care insurance for self-
employed individuals;
(9) the Congress and the administration should
pursue efforts to reduce regulations on farmers; and
(10) the President should use the administrative
tools available to him to use Commodity Credit Cor-
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poration and unused Export Enhancement Program
funds for humanitarian assistance.
SEC. 758. RESERVE INVENTORIES. Section 813 of the
Agricultural Act of 1970 (7 U.S.C. 1427a) is amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘of agricultural producers’’ after ‘‘distress’’;
(2) in subsection (c), by inserting ‘‘the Secretary
or’’ after ‘‘President or’’; and
(3) in subsection (h)—
(A) by striking ‘‘(h) There is hereby’’ and
inserting the following:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are’’; and
(B) by adding at the end the following:
‘‘(2) USE OF FUNDS FOR CASH PAYMENTS.—The
Secretary may use funds made available under this
section to make, in a manner consistent with this sec-
tion, cash payments that don’t go for crop disasters,
but for income loss to carry out the purposes of this
section.’’.
SEC. 759. FOOD SAFETY INITIATIVE. (a) IN GEN-
ERAL.—In addition to the amounts made available under
other provisions of this Act, there are appropriated, out of
any money in the Treasury not otherwise appropriated, to
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carry out activities described in the Food Safety Initiative
submitted by the President for fiscal year 1999—
(1) $98,000 to the Chief Economist;
(2) $906,000 to the Economic Research Service;
(3) $8,920,000 to the Agricultural Research
Service;
(4) $11,000,000 to the Cooperative State Re-
search, Education, and Extension Service;
(5) $8,347,000 to the Food Safety and Inspection
Service; and
(6) $37,000,000 to the Food and Drug Adminis-
tration.
(b) AMENDMENT OF THE NO NET COST FUND ASSESS-
MENTS TO PROVIDE FOR COLLECTION OF ALL ADMINISTRA-
TIVE COSTS NOT PREVIOUSLY COVERED AND ALL CROP IN-
SURANCE COSTS FOR TOBACCO.—Section 106A of the Agri-
cultural Act of 1949, as amended (7 U.S.C. 1445–1(c)), is
hereby amended by—in subsection (d)(7) changing ‘‘the
Secretary’’ to ‘‘the Secretary; and’’ and by adding a new
subsection (d)(8) to read as follows:
‘‘(8) Notwithstanding any other provision of this
subsection or other law, that with respect to the 1999
and subsequent crops of tobacco for which price sup-
port is made available and for which a fund is main-
tained under this section, an additional assessment
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shall be remitted over and above that otherwise pro-
vided for in this subsection. Such additional assess-
ment shall be equal to—(1) the administrative costs
within the Department of Agriculture that is not oth-
erwise covered under another assessment under this
section or under another provision of law; and (2)
any and all net losses in Federal crop insurance pro-
grams for tobacco, whether those losses be on price-
supported tobacco or on other tobaccos. The Secretary
shall estimate those administrative and insurance
costs in advance. The Secretary may make such ad-
justments in the assessment under this paragraph for
future crops as are needed to cover shortfalls or over-
collections. The assessment shall be applied so that the
additional amount to be collected under this para-
graph shall be the same for all price support tobaccos
(and imported tobacco of like kind) which are mar-
keted or imported into the United States during the
marketing year for the crops covered by this para-
graph. For each domestically produced pound of to-
bacco the assessment amount to be remitted under this
paragraph shall be paid by the purchaser of the to-
bacco. On imported tobacco, the assessment shall be
paid by the importer. Monies collected pursuant to
this section shall be commingled with other monies in
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the No Net Cost Fund maintained under this section.
The administrative and crop insurance costs that are
taken into account in fixing the amount of the assess-
ment shall be a claim on the Fund and shall be trans-
ferred to the appropriate account for the payment of
administrative costs and insurance costs at a time de-
termined appropriate by the Secretary. Collections
under this paragraph shall not affect the amount of
any other collection established under this section or
under another provision of law but shall be enforce-
able in the same manner as other assessments under
this section and shall be subject to the same sanctions
for nonpayment.’’.
(c) AMENDMENT OF THE NO NET COST ACCOUNT AS-
SESSMENTS TO PROVIDE FOR COLLECTION OF ALL ADMIN-
ISTRATIVE COST NOT PREVIOUSLY COVERED
AND ALL
CROP INSURANCE COSTS.—Section 106B of the Agricul-
tural Act of 1949, as amended (7 U.S.C. 1445–2), is amend-
ed by renumbering subsections ‘‘(i)’’ and ‘‘(j)’’ as ‘‘(j)’’ and
‘‘(k)’’ respectively, and by adding a new subsection ‘‘(i)’’
to read as follows:
‘‘(i) Notwithstanding any other provision of this sec-
tion or other law, the Secretary shall require with respect
to the 1999 and subsequent crops of tobacco for which price
support is made available and for which an account is
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maintained under this section, that an additional assess-
ment shall be remitted over and above that otherwise pro-
vided for in this subsection. Such additional assessment
shall be equal to—(1) the administrative costs within the
Department of Agriculture that are not otherwise covered
under another assessment under this section or under an-
other provision of law; and (2) any and all net losses in
Federal crop insurance programs for tobacco, whether those
losses be on price-supported tobacco or on other tobaccos.
The Secretary shall estimate those administrative and in-
surance costs in advance. The Secretary may make such
adjustments in the assessments under this subsection for fu-
ture crops as are needed to cover shortfalls or over-collec-
tions. The assessment shall be applied so that the additional
amount to be collected under this subsection shall be the
same for all price support tobaccos (and imported tobacco
of like kind) which are marketed or imported into the
United States during the marketing year for the crops cov-
ered by this subsection. For each domestically produced
pound of tobacco the assessment amount to be remitted
under this subsection shall be paid by the purchaser of the
tobacco. On imported tobacco, the assessment shall be paid
by the importer. Monies collected pursuant to this section
shall be commingled with other monies in the No Net Cost
Account maintained under this section. The administrative
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and crop insurance costs that are taken into account in
fixing the amount of the assessment shall be a claim on
the account and shall be transferred to the appropriate ac-
count for the payment of administrative costs and insur-
ance costs at a time determined appropriate by the Sec-
retary. Collections under this subsection shall not effect the
amount of any other collection established under this section
or under another provision of law but shall be enforceable
in the same manner as other assessments under this section
and shall be subject to the same sanctions for nonpayment.’’.
(d) ELIMINATION OF THE TOBACCO BUDGET ASSESS-
MENT.—Notwithstanding any other provision of law, the
provisions of section 106(g) of the Agricultural Act of 1949,
as amended (7 U.S.C. 1445(g)), shall not apply or be ex-
tended to the 1999 crops of tobacco and shall not, in any
case, apply to any tobacco for which additional assessments
have been rendered under sections 1 and 2 of this Act.
(e) AMENDMENT OF THE COMMODITY CREDIT COR-
PORATION CHARTER ACT.—Section 4(g) of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714b(g)) is
amended in the first sentence by striking ‘‘$193,000,000’’
and inserting ‘‘$178,000,000’’.
SEC. 760. Expenses for computer-related activities of
the Department of Agriculture funded through the Commod-
ity Credit Corporation pursuant to section 161(b)(1)(A) of
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Public Law 104–127 in fiscal year 1999 shall not exceed
$50,000,000: Provided, That section 4(g) of the Commodity
Credit Corporation Charter Act is amended by striking
$178,000,000 and inserting $173,000,000.
SEC. 761. WAIVER OF STATUTE OF LIMITATIONS FOR
CERTAIN DISCRIMINATION CLAIMS. (a) DEFINITION OF ELI-
GIBLE CLAIM.—In this section, the term ‘‘eligible claim’’
means a nonemployment-related claim that was filed with
the Department of Agriculture on or before July 1, 1997
and alleges discrimination by the Department of Agri-
culture at any time during the period beginning on Janu-
ary 1, 1981, and ending on December 31, 1996—
(1) in violation of the Equal Credit Opportunity
Act (15 U.S.C. 1691 et seq.) in administering—
(A) a farm ownership, farm operating, or
emergency loan funded from the Agricultural
Credit Insurance Program Account; or
(B) a housing program established under
title V of the Housing Act of 1949; or
(2) in the administration of a commodity pro-
gram or a disaster assistance program.
(b) WAIVER.—To the extent permitted by the Constitu-
tion, an eligible claim, if commenced not later than 2 years
after the date of the enactment of this Act, shall not be
barred by any statute of limitations.
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(c) ADMINISTRATIVE PROCEEDINGS.—
(1) IN GENERAL.—In lieu of bringing a civil ac-
tion, a claimant may seek a written determination on
the merits of an eligible claim by the Secretary of Ag-
riculture if such claim is filed with the Secretary
within two years of the date of enactment of this Act.
(2) TIME PERIOD FOR RESOLUTION OF ADMINIS-
TRATIVE
CLAIMS.—To the maximum extent prac-
ticable, the Secretary shall, within 180 days from the
date an eligible claim is filed with the Secretary
under this subsection, conduct an investigation, issue
a written determination, and propose a resolution in
accordance with this subsection.
(3) HEARING
AND
AWARD.—The Secretary
shall—
(A) provide the claimant an opportunity for
a hearing before making the determination; and
(B) award the claimant such relief as would
be afforded under the applicable statute from
which the eligible claim arose notwithstanding
any statute of limitations.
(d) STANDARD OF REVIEW.—Federal courts reviewing
an eligible claim under this section shall apply a de novo
standard of review.
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(e) LIMITATION
ON ADMINISTRATIVE AWARDS
AND
SETTLEMENT AUTHORITY AND EXTENSION OF TIME.—
(1) LIMITATION
ON
ADMINISTRATIVE
AWARDS
AND SETTLEMENT AUTHORITY.—A proposed adminis-
trative award or settlement exceeding $75,000 (other
than debt relief) of an eligible claim—
(A) shall not take effect until 90 days after
notice of the award or settlement is given to the
Attorney General; and
(B) shall not take effect if, during that 90-
day period, the Attorney General objects to the
award or settlement.
(2) EXTENSION OF TIME.—Notwithstanding sub-
sections (b) and (c), if an eligible claim is denied ad-
ministratively, the claimant shall have at least 180
days to commence a cause of action in a Federal
court of competent jurisdiction seeking a review of
such denial.
SEC. 762. CENSUS OF AGRICULTURE. (a) IN GEN-
ERAL.—Section 2 of the Census of Agriculture Act of 1997
(7 U.S.C. 2204g) is amended—
(1) in subsection (b) by inserting at the end the
following: ‘‘In fiscal year 1999 the Secretary of Agri-
culture is directed to continue to revise the Census of
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Agriculture to eliminate redundancies in questions
asked of farmers by USDA.’’.
(2) in subsection (d) by deleting in paragraph
(1) ‘‘who willfully gives’’ and inserting in its place
‘‘shall not give’’, and deleting ‘‘, shall be fined not
more than $500’’.
(3) in subsection (d) by deleting in paragraph
(2) ‘‘who refuses or willfully neglects’’ and inserting
in its place ‘‘shall not refuse or willfully neglect’’, and
deleting ‘‘, shall not be fined more than $100’’.
SEC. 763. TREE ASSISTANCE PROGRAM. (a) IN GEN-
ERAL.—The Secretary of Agriculture may use funds for tree
assistance made available under Public Law 105–174, to
carry out a tree assistance program to owners of trees that
were lost or destroyed as a result of a disaster or emergency
that was declared by the President or the Secretary of Agri-
culture during the period beginning May 1, 1998, and end-
ing August 1, 1998, regardless of whether the damage re-
sulted in loss or destruction after August 1, 1998.
(b) ADMINISTRATION.—Subject to subsection (c), the
Secretary shall carry out the program, to the maximum ex-
tent practicable, in accordance with the terms and condi-
tions of the tree assistance program established under part
783 of title 7, Code of Federal Regulations.
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(c) ELIGIBILITY.—A person shall be presumed eligible
for assistance under the program if the person demonstrates
to the Secretary that trees owned by the person were lost
or destroyed by May 31, 1999, as a direct result of fire
blight infestation that was caused by a disaster or emer-
gency described in subsection (a).
SEC. 764. STUDY OF FUTURE FEDERAL AGRICUL-
TURAL POLICIES. (a) IN GENERAL.—On the request of the
Commission on 21st Century Production Agriculture, the
Secretary of Agriculture, acting through the Chief Econo-
mist of the Department of Agriculture, shall make assist-
ance and information available to the Commission to enable
the Commission to conduct a study to guide the development
of future Federal agricultural policies.
(b) DUTIES.—In conducting the study, the Commis-
sion shall—
(1) examine a range of future Federal agricul-
tural policies that may succeed the policies established
under the Agricultural Market Transition Act (7
U.S.C. 7201 et seq.) for the 2003 and subsequent
crops, and the impact of such policies on farm in-
come, the structure of agriculture, trade competitive-
ness, conservation, the environment and other factors;
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(2) assess the potential impact of any legislation
enacted through the end of the 105th Congress on fu-
ture Federal agricultural policies; and
(3) review economic agricultural studies that are
relevant to future Federal agricultural policies.
(c) REPORT.—Not later than December 31, 1999, the
Commission shall submit to the Committee on Agriculture
of the House of Representatives, the Committee on Agri-
culture, Nutrition, and Forestry of the Senate, and the
Committees on Appropriations of the House of Representa-
tives and the Senate, the results of the study conducted
under this section.
SEC. 765. INDICATION OF COUNTRY OF ORIGIN OF IM-
PORTED PERISHABLE AGRICULTURAL COMMODITIES. (a)
DEFINITIONS.—In this section:
(1) FOOD SERVICE ESTABLISHMENT.—The term
‘‘food service establishment’’ means a restaurant, cafe-
teria, lunch room, food stand, saloon, tavern, bar,
lounge, or other similar facility, operated as an enter-
prise engaged in the business of selling foods to the
public.
(2) PERISHABLE
AGRICULTURAL
COMMODITY;
RETAILER.—The terms ‘‘perishable agricultural com-
modity’’ and ‘‘retailer’’ have the meanings given the
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terms in section 1(b) of the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. 499a(b)).
(b) NOTICE OF COUNTRY OF ORIGIN REQUIRED.—Ex-
cept as provided in subsection (c), a retailer of a perishable
agricultural commodity imported into the United States
shall inform consumers, at the final point of sale of the per-
ishable agricultural commodity to consumers, of the country
of origin of the perishable agricultural commodity.
(c) EXEMPTION
FOR FOOD SERVICE ESTABLISH-
MENTS.—Subsection (b) shall not apply to a perishable ag-
ricultural commodity imported into the United States to
the extent that the perishable agricultural commodity is—
(1) prepared or served in a food service establish-
ment; and
(2)(A) offered for sale or sold at the food service
establishment in normal retail quantities; or
(B) served to consumers at the food service estab-
lishment.
(d) METHOD OF NOTIFICATION.—
(1) IN GENERAL.—The information required by
subsection (b) may be provided to consumers by
means of a label, stamp, mark, placard, or other clear
and visible sign on the imported perishable agricul-
tural commodity or on the package, display, holding
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unit, or bin containing the commodity at the final
point of sale to consumers.
(2) LABELED
COMMODITIES.—If the imported
perishable agricultural commodity is already individ-
ually labeled regarding country of origin by the pack-
er, importer, or another person, the retailer shall not
be required to provide any additional information to
comply with this section.
(e) VIOLATIONS.—If a retailer fails to indicate the
country of origin of an imported perishable agricultural
commodity as required by subsection (b), the Secretary of
Agriculture may assess a civil penalty on the retailer in
an amount not to exceed—
(1) $1,000 for the first day on which the viola-
tion occurs; and
(2) $250 for each day on which the same viola-
tion continues.
(f) DEPOSIT
OF FUNDS.—Amounts collected under
subsection (e) shall be deposited in the Treasury of the
United States as miscellaneous receipts.
(g) APPLICATION
OF SECTION.—This section shall
apply with respect to a perishable agricultural commodity
imported into the United States after the end of the 6-month
period beginning on the date of the enactment of this Act.
SEC. 766. (a) FINDINGS.—
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mated need for 1 year for any dual-fueled vehicle ac-
quired or converted by the fleet or covered person as
required under this title.’’.
(b) ALLOCATION.—Section 508(b) of the Energy Policy
Act of 1992 (42 U.S.C. 13258(b)) is amended—
(1) by striking ‘‘In allocating credits under sub-
section (a),’’ and inserting the following:
‘‘(1) ADDITIONAL ALTERNATIVE FUELED VEHI-
CLES.—In 
allocating 
credits 
under 
subsection
(a)(1),‘‘; and
(2) by adding at the end the following:
‘‘(2) DUAL-FUELED
VEHICLES; 
ALTERNATIVE
FUEL.—In allocating credits under subsection (a)(2),
the Secretary shall allocate 2 credits to a fleet or cov-
ered person for acquiring or converting a dual-fueled
vehicle and acquiring a volume of alternative fuel
equal to the estimated need for 1 year for any dual-
fueled vehicle if the dual-fueled vehicle acquired is in
excess of the number that the fleet or covered person
is required to acquire or is acquired before the date
that the fleet or covered person is required to acquire
the number under this title.’’.
SEC. 1113. SECRETARY’S RECOMMENDATION TO CON-
GRESS. Section 509(a) of the Energy Policy Act of 1992
(42 U.S.C. 13259(a)) is amended—