H. R. 3603
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies programs for the fiscal year ending September
30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies programs
for the fiscal year ending September 30, 1997, and for other pur-
poses, namely:
TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING, AND MARKETING
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary of Agri-
culture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this
amount, along with any unobligated balances of representation
funds in the Foreign Agricultural Service shall be available for
official reception and representation expenses, not otherwise pro-
vided for, as determined by the Secretary: Provided, That none
of the funds appropriated or otherwise made available by this
Act may be used to pay the salaries and expenses of personnel
of the Department of Agriculture to carry out section 793(c)(1)(C)
of Public Law 104–127: Provided further, That none of the funds
made available by this Act may be used to enforce section 793(d)
of Public Law 104–127.
EXECUTIVE OPERATIONS
CHIEF ECONOMIST
For necessary expenses of the Chief Economist, including eco-
nomic analysis, risk assessment, cost-benefit analysis, and the func-
tions of the World Agricultural Outlook Board, as authorized by
the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and includ-
ing employment pursuant to the second sentence of section 706(a)
H. R. 3603—2
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $4,231,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division,
including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $25,000 is for employment under 5 U.S.C. 3109,
$11,718,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $5,000 is for employment under 5 U.S.C.
3109, $5,986,000.
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 is for employment under 5 U.S.C.
3109, $4,283,000: Provided, That the Chief Financial Officer shall
actively market cross-servicing activities of the National Finance
Center.
OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Administration to carry out the programs funded
in this Act, $613,000.
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 486, for programs
and activities of the Department which are included in this Act,
and for the operation, maintenance, and repair of Agriculture build-
ings, $120,548,000: Provided, That in the event an agency within
the Department should require modification of space needs, the
Secretary of Agriculture may transfer a share of that agency’s
appropriation made available by this Act to this appropriation,
or may transfer a share of this appropriation to that agency’s
appropriation, but such transfers shall not exceed 5 percent of
the funds made available for space rental and related costs to
or from this account. In addition, for construction, repair, improve-
ment, extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the programs of the Department,
where not otherwise provided, $23,505,000, to remain available
until expended; making a total appropriation of $144,053,000.
H. R. 3603—3
HAZARDOUS WASTE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended, 42 U.S.C. 9607(g), and section 6001 of the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. 6961,
$15,700,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Waste Management may be transferred to any agency
of the Department for its use in meeting all requirements pursuant
to the above Acts on Federal and non-Federal lands.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $30,529,000, to provide for
necessary expenses for management support services to offices of
the Department and for general administration and disaster
management of the Department, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the Depart-
ment, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which
not to exceed $10,000 is for employment under 5 U.S.C. 3109:
Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident
to the holding of hearings as required by 5 U.S.C. 551–558.
OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL
RELATIONS
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Congressional Relations to carry out the programs
funded in this Act, including programs involving intergovernmental
affairs and liaison within the executive branch, $3,668,000: Pro-
vided, That no other funds appropriated to the Department in
this Act shall be available to the Department for support of activities
of congressional relations: Provided further, That not less than
$2,241,000 shall be transferred to agencies funded in this Act to
maintain personnel at the agency level.
OFFICE OF COMMUNICATIONS
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemina-
tion of agricultural information, and the coordination of information,
work, and programs authorized by Congress in the Department,
$8,138,000, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 shall be available for employment
under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used
for farmers’ bulletins.
H. R. 3603—4
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector
General Act of 1978, as amended, $63,028,000, including such sums
as may be necessary for contracting and other arrangements with
public agencies and private persons pursuant to section 6(a)(9)
of the Inspector General Act of 1978, as amended, including a
sum not to exceed $50,000 for employment under 5 U.S.C. 3109;
and including a sum not to exceed $95,000 for certain confidential
operational expenses including the payment of informants, to be
expended under the direction of the Inspector General pursuant
to Public Law 95–452 and section 1337 of Public Law 97–98: Pro-
vided, That funds transferred to the Office of the Inspector General
through forfeiture proceedings or from the Department of Justice
Assets Forfeiture Fund or the Department of the Treasury Forfeit-
ure Fund, as a participating agency, as an equitable share from
the forfeiture of property in investigations in which the Office
of the Inspector General participates, or through the granting of
a Petition for Remission or Mitigation, shall be deposited to the
credit of this account for law enforcement activities authorized
under the Inspector General Act of 1978, as amended, to remain
available until expended.
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$27,749,000.
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND
ECONOMICS
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer
the laws enacted by the Congress for the Economic Research Serv-
ice, the National Agricultural Statistics Service, the Agricultural
Research Service, and the Cooperative State Research, Education,
and Extension Service, $540,000.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other
laws, $53,109,000: Provided, That this appropriation shall be avail-
able for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225).
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, includ-
ing crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture
notwithstanding 13 U.S.C. 142(a–b), as authorized by the Agricul-
tural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other laws,
H. R. 3603—5
$100,221,000, of which up to $17,500,000 shall be available until
expended for the Census of Agriculture: Provided, That this appro-
priation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $40,000 shall be available for employment
under 5 U.S.C. 3109.
AGRICULTURAL RESEARCH SERVICE
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration relating
to production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use includ-
ing the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange,
or purchase at a nominal cost not to exceed $100, $716,826,000:
Provided, That appropriations hereunder shall be available for tem-
porary employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C.
3109: Provided further, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but unless otherwise provided the cost of con-
structing any one building shall not exceed $250,000, except for
headhouses or greenhouses which shall each be limited to
$1,000,000, and except for ten buildings to be constructed or
improved at a cost not to exceed $500,000 each, and the cost
of altering any one building during the fiscal year shall not exceed
10 percent of the current replacement value of the building or
$250,000, whichever is greater: Provided further, That the limita-
tions on alterations contained in this Act shall not apply to mod-
ernization or replacement of existing facilities at Beltsville, Mary-
land: Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or operat-
ing any research facility or research project of the Agricultural
Research Service, as authorized by law: Provided further, That
all rights and title of the United States in the property known
as the National Agricultural Water Quality Laboratory of the United
States Department of Agriculture, consisting of approximately 9.161
acres in the city of Durant, Oklahoma, including facilities and
fixed equipment, shall be conveyed to Southeastern Oklahoma State
University.
None of the funds in the foregoing paragraph shall be available
to carry out research related to the production, processing or
marketing of tobacco or tobacco products.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
H. R. 3603—6
$69,100,000, to remain available until expended (7 U.S.C. 2209b):
Provided, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establish-
ing any research facility of the Agricultural Research Service, as
authorized by law.
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION
SERVICE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other
expenses, including $168,734,000 to carry into effect the provisions
of the Hatch Act (7 U.S.C. 361a–361i); $20,497,000 for grants for
cooperative forestry research (16 U.S.C. 582a–582–a7); $27,735,000
for payments to the 1890 land-grant colleges, including Tuskegee
University (7 U.S.C. 3222); $49,767,000 for special grants for agri-
cultural research (7 U.S.C. 450i(c)); $11,769,000 for special grants
for agricultural research on improved pest control (7 U.S.C. 450i(c));
$94,203,000 for competitive research grants (7 U.S.C. 450i(b));
$4,775,000 for the support of animal health and disease programs
(7 U.S.C. 3195); $650,000 for supplemental and alternative crops
and products (7 U.S.C. 3319d); $500,000 for grants for research
pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C.
178) and section 1472 of the Food and Agriculture Act of 1977,
as amended (7 U.S.C. 3318), to remain available until expended;
$475,000 for rangeland research grants (7 U.S.C. 3331–3336);
$3,000,000 for higher education graduate fellowships grants (7
U.S.C. 3152(b)(6)), to remain available until expended (7 U.S.C.
2209b); $4,000,000 for higher education challenge grants (7 U.S.C.
3152(b)(1)); $1,000,000 for a higher education minority scholars
program (7 U.S.C. 3152(b)(5)), to remain available until expended
(7 U.S.C. 2209b); $1,500,000 for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241); $4,000,000 for aqua-
culture grants (7 U.S.C. 3322); $8,000,000 for sustainable agri-
culture research and education (7 U.S.C. 5811); $9,200,000 for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.
321–326 and 328), including Tuskegee University, to remain avail-
able until expended (7 U.S.C. 2209b); $1,450,000 for payments
to the 1994 Institutions pursuant to section 534(a)(1) of Public
Law 103–382; and $10,249,000 for necessary expenses of Research
and Education Activities, of which not to exceed $100,000 shall
be for employment under 5 U.S.C. 3109; in all, $421,504,000.
None of the funds in the foregoing paragraph shall be available
to carry out research related to the production, processing or
marketing of tobacco or tobacco products.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For establishment of a Native American institutions endowment
fund, as authorized by Public Law 130–382 (7 U.S.C. 301 note),
$4,600,000.
H. R. 3603—7
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement, exten-
sion, alteration, and purchase of fixed equipment or facilities and
for grants to States and other eligible recipients for such purposes,
as necessary to carry out the agricultural research, extension, and
teaching programs of the Department of Agriculture, where not
otherwise provided, $61,591,000, to remain available until expended
(7 U.S.C. 2209b).
EXTENSION ACTIVITIES
Payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa: For payments for cooperative extension work
under the Smith-Lever Act, as amended, to be distributed under
sections 3(b) and 3(c) of said Act, and under section 208(c) of
Public Law 93–471, for retirement and employees’ compensation
costs for extension agents and for costs of penalty mail for coopera-
tive extension agents and State extension directors, $268,493,000;
$2,000,000 for extension work at the 1994 Institutions under the
Smith-Lever Act (7 U.S.C. 343(b)(3)); payments for the nutrition
and family education program for low-income areas under section
3(d) of the Act, $58,695,000; payments for the pest management
program under section 3(d) of the Act, $10,783,000; payments for
the farm safety program under section 3(d) of the Act, $2,855,000;
payments for the pesticide impact assessment program under sec-
tion 3(d) of the Act, $3,214,000; payments to upgrade 1890 land-
grant college research, extension, and teaching facilities as author-
ized by section 1447 of Public Law 95–113, as amended (7 U.S.C.
3222b), $7,549,000, to remain available until expended; payments
for the rural development centers under section 3(d) of the Act,
$908,000; payments for a groundwater quality program under sec-
tion 3(d) of the Act, $10,733,000; payments for the agricultural
telecommunications program, as authorized by Public Law 101–
624 (7 U.S.C. 5926), $1,167,000; payments for youth-at-risk pro-
grams under section 3(d) of the Act, $9,554,000; payments for
a food safety program under section 3(d) of the Act, $2,365,000;
payments for carrying out the provisions of the Renewable Re-
sources Extension Act of 1978, $3,192,000; payments for Indian
reservation agents under section 3(d) of the Act, $1,672,000; pay-
ments for sustainable agriculture programs under section 3(d) of
the Act, $3,309,000; payments for rural health and safety education
as authorized by section 2390 of Public Law 101–624 (7 U.S.C.
2661 note, 2662), $2,628,000; payments for cooperative extension
work by the colleges receiving the benefits of the second Morrill
Act (7 U.S.C. 321–326, 328) and Tuskegee University, $24,337,000;
and for Federal administration and coordination including adminis-
tration of the Smith-Lever Act, as amended, and the Act of Septem-
ber 29, 1977 (7 U.S.C. 341–349), as amended, and section 1361(c)
of the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate
and provide program leadership for the extension work of the De-
partment and the several States and insular possessions,
$12,066,000; in all, $425,520,000: Provided, That funds hereby ap-
propriated pursuant to section 3(c) of the Act of June 26, 1953,
and section 506 of the Act of June 23, 1972, as amended, shall
not be paid to any State, the District of Columbia, Puerto Rico,
Guam, or the Virgin Islands, Micronesia, Northern Marianas, and