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TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Ad-
ministration, including hire and purchase of passenger
motor vehicles; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous
and emergency expenses of enforcement activities, author-
ized and approved by the Secretary and to be accounted
for solely on the Secretary’s certificate, not to exceed
$25,000; $857,971,000: Provided, That none of these
funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701.
In addition to the foregoing amount, not to exceed
$91,204,000 in fees pursuant to section 736 of the Fed-
eral Food, Drug, and Cosmetic Act may be collected and
credited to this appropriation and shall remain available
until expended: Provided further, That fees derived from
applications received during fiscal year 1998 shall be sub-
ject to the fiscal year 1998 limitation.
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In addition, fees pursuant to section 354 of the Pub-
lic Health Service Act may be credited to this account,
to remain available until expended.
In addition, fees pursuant to section 801 of the Fed-
eral Food, Drug, and Cosmetic Act may be credited to
this account, to remain available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, exten-
sion, alteration, and purchase of fixed equipment or facili-
ties of or used by the Food and Drug Administration,
where not otherwise provided, $21,350,000, to remain
available until expended (7 U.S.C. 2209b).
RENTAL PAYMENTS (FDA)
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursu-
ant to Public Law 92-313 for programs and activities of
the Food and Drug Administration which are included in
this Act, $46,294,000: Provided, That in the event the
Food and Drug Administration should require modifica-
tion of space needs, a share of the salaries and expenses
appropriation may be transferred to this appropriation, or
a share of this appropriation may be transferred to the
salaries and expenses appropriation, but such transfers
shall not exceed 5 percent of the funds made available for
rental payments (FDA) to or from this account.
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DEPARTMENT OF THE TREASURY
FINANCIAL MANAGEMENT SERVICE
PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL
ASSISTANCE CORPORATION
For necessary payments to the Farm Credit System
Financial Assistance Corporation by the Secretary of the
Treasury, as authorized by section 6.28(c) of the Farm
Credit Act of 1971, as amended, for reimbursement of in-
terest expenses incurred by the Financial Assistance Cor-
poration on obligations issued through 1994, as author-
ized, $7,728,000.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions
of the Commodity Exchange Act, as amended (7 U.S.C.
1 et seq.), including the purchase and hire of passenger
motor vehicles; the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere; and
not to exceed $25,000 for employment under 5 U.S.C.
3109; $57,101,000, including not to exceed $1,000 for of-
ficial reception and representation expenses: Provided,
That the Commission is authorized to charge reasonable
fees to attendees of Commission sponsored educational
events and symposia to cover the Commission’s costs of
providing those events and symposia, and notwithstanding
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31 U.S.C. 3302, said fees shall be credited to this account,
to be available without further appropriation.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $34,423,000 (from assessments col-
lected from farm credit institutions and from the Federal
Agricultural Mortgage Corporation) shall be obligated
during the current fiscal year for administrative expenses
as authorized under 12 U.S.C. 2249: Provided, That this
limitation shall not apply to expenses associated with re-
ceiverships.
TITLE VII—GENERAL PROVISIONS
SEC. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Depart-
ment of Agriculture for the fiscal year 1998 under this
Act shall be available for the purchase, in addition to those
specifically provided for, of not to exceed 394 passenger
motor vehicles, of which 391 shall be for replacement only,
and for the hire of such vehicles.
SEC. 702. Funds in this Act available to the Depart-
ment of Agriculture shall be available for uniforms or al-
lowances therefor as authorized by law (5 U.S.C. 5901–
5902).
SEC. 703. Not less than $1,500,000 of the appropria-
tions of the Department of Agriculture in this Act for re-
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search and service work authorized by the Acts of August
14, 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629),
and by chapter 63 of title 31, United States Code, shall
be available for contracting in accordance with said Acts
and chapter.
SEC. 704. The cumulative total of transfers to the
Working Capital Fund for the purpose of accumulating
growth capital for data services and National Finance
Center operations shall not exceed $2,000,000: Provided,
That no funds in this Act appropriated to an agency of
the Department shall be transferred to the Working Cap-
ital Fund without the approval of the agency adminis-
trator.
SEC. 705. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended (7 U.S.C. 2209b): Animal and
Plant Health Inspection Service, the contingency fund to
meet emergency conditions, fruit fly program, and inte-
grated systems acquisition project; Farm Service Agency,
salaries and expenses funds made available to county com-
mittees; and Foreign Agricultural Service, middle-income
country training program.
New obligational authority for the boll weevil pro-
gram; up to 10 percent of the screwworm program of the
Animal and Plant Health Inspection Service; Food Safety
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and Inspection Service, field automation and information
management project; funds appropriated for rental pay-
ments; funds for the Native American Institutions Endow-
ment Fund in the Cooperative State Research, Education,
and Extension Service; and funds for the competitive re-
search grants (7 U.S.C. 450i(b)), shall remain available
until expended.
SEC. 706. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 707. Not to exceed $50,000 of the appropria-
tions available to the Department of Agriculture in this
Act shall be available to provide appropriate orientation
and language training pursuant to Public Law 94–449.
SEC. 708. No funds appropriated by this Act may be
used to pay negotiated indirect cost rates on cooperative
agreements or similar arrangements between the United
States Department of Agriculture and nonprofit institu-
tions in excess of 10 percent of the total direct cost of
the agreement when the purpose of such cooperative ar-
rangements is to carry out programs of mutual interest
between the two parties. This does not preclude appro-
priate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are com-
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Corporation to lease space for its own use or to lease space
on behalf of other agencies of the Department of Agri-
culture when such space will be jointly occupied.
SEC. 712. With the exception of grants awarded
under the Small Business Innovation Development Act of
1982, Public Law 97–219, as amended (15 U.S.C. 638),
none of the funds in this Act shall be available to pay
indirect costs on research grants awarded competitively by
the Cooperative State Research, Education, and Extension
Service that exceed 14 percent of total Federal funds pro-
vided under each award.
SEC. 713. Notwithstanding any other provisions of
this Act, all loan levels provided of this Act shall be consid-
ered estimates, not limitations.
SEC. 714. Appropriations to the Department of Agri-
culture for the cost of direct and guaranteed loans made
available in fiscal year 1998 shall remain available until
expended to cover obligations made in fiscal year 1998 for
the following accounts: the rural development loan fund
program account; the Rural Telephone Bank program ac-
count; the rural electrification and telecommunications
loans program account; and the rural economic develop-
ment loans program account.
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SEC. 715. Such sums as may be necessary for fiscal
year 1998 pay raises for programs funded by this Act shall
be absorbed within the levels appropriated in this Act.
SEC. 716. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c; popularly known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each Federal agen-
cy shall provide to each recipient of the assistance
a notice describing the statement made in paragraph
(1) by the Congress.
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(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 717. Notwithstanding the Federal Grant and
Cooperative Agreement Act, marketing services of the Ag-
ricultural Marketing Service and the Animal and Plant
Health Inspection Service may use cooperative agreements
to reflect a relationship between the Agricultural Market-
ing Service or the Animal and Plant Health Inspection
Service and a State or Cooperator to carry out agricultural
marketing programs or to carry out programs to protect
the Nation’s animal and plant resources.
SEC. 718. None of the funds in this Act may be used
to retire more than 5 percent of the Class A stock of the
Rural Telephone Bank or to maintain any account or sub-
account within the accounting records of the Rural Tele-
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phone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available in this Act may be used to trans-
fer to the Treasury or to the Federal Financing Bank any
unobligated balance of the Rural Telephone Bank tele-
phone liquidating account which is in excess of current
requirements and such balance shall receive interest as set
forth for financial accounts in section 505(c) of the Fed-
eral Credit Reform Act of 1990.
SEC. 719. None of the funds made available in this
Act may be used to provide assistance to, or to pay the
salaries of personnel who carry out a market promotion/
market access program pursuant to section 203 of the Ag-
ricultural Trade Act of 1978 (7 U.S.C. 5623) that pro-
vides assistance to the United States Mink Export Devel-
opment Council or any mink industry trade association.
SEC. 720. Of the funds made available by this Act,
not more than $1,000,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department
of Agriculture except for panels used to comply with nego-
tiated rule makings and panels used to evaluate competi-
tively awarded grants.
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SEC. 721. None of the funds appropriated or other-
wise made available by this Act shall be used to pay the
salaries and expenses of personnel who carry out an export
enhancement program if the aggregate amount of funds
and/or 
commodities 
under 
such 
program 
exceeds
$205,000,000.
SEC. 722. No employee of the Department of Agri-
culture may be detailed or assigned from an agency or
office funded by this Act to any other agency or office
of the Department for more than 30 days unless the indi-
vidual’s employing agency or office is fully reimbursed by
the receiving agency or office for the salary and expenses
of the employee for the period of assignment.
SEC. 723. None of the funds appropriated or other-
wise made available to the Department of Agriculture
shall be used to transmit or otherwise make available to
any non-Department of Agriculture employee questions or
responses to questions that are a result of information re-
quested for the appropriations hearing process.
SEC. 724. None of the funds appropriated or other-
wise made available in this Act may be expended or obli-
gated to fund the activities of the Western Director and
Special Assistant to the Secretary within the Office of the
Secretary of Agriculture or any similar position.
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SEC. 725. None of the funds made available to the
Department of Agriculture by this Act may be used to ac-
quire new information technology systems or significant
upgrades, as determined by the Office of the Chief Infor-
mation Officer, without the approval of the Chief Informa-
tion Officer and the concurrence of the Executive Informa-
tion Technology Investment Review Board.
SEC. 726. None of the funds in this Act shall be used
to fund the immediate office of the Deputy and Assistant
Deputy Administrator for Farm Programs within the
Farm Service Agency.
SEC. 727. NONRURAL AREA.—The last sentence of
section 520 of the Housing Act of 1949 (42 U.S.C. 1490)
is amended by inserting before the period at the end the
following: ‘‘, and the City of Galt, California, shall not be
considered rural or a rural area for purposes of this title’’.
This Act may be cited as the ‘‘Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 1998’’.
Union Calendar No. 110
105TH CONGRESS
1ST SESSION
H. R. 2160
[Report No. 105–178]
A BILL
Making appropriations for Agriculture, Rural De-
velopment, Food and Drug Administration, and
Related Agencies programs for the fiscal year
ending September 30, 1998, and for other pur-
poses.
JULY 14, 1997
Reported from Committee on Appropriations; committed
to the Committee of the Whole House on the State of
the Union and ordered to be printed