H. R. 2160
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies programs for the fiscal year ending September
30, 1998, 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, 1998, 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 further, 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
economic analysis, risk assessment, cost-benefit analysis, and the
functions of the World Agricultural Outlook Board, as authorized
by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and
including employment pursuant to the second sentence of section
H. R. 2160—2
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, $5,048,000.
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.
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
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, $4,773,000.
OFFICE OF THE 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, $123,385,000: 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
H. R. 2160—3
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, $5,000,000, to remain available until
expended; and in addition, for necessary relocation expenses of
the Department’s agencies, $2,700,000, to remain available until
expended; making a total appropriation of $131,085,000.
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, 42
U.S.C. 9607(g), and section 6001 of the Resource Conservation
and Recovery Act, 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, $27,231,000, 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 by
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.
H. R. 2160—4
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.
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, $63,128,000, 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, 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: Provided, 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 Forfeiture 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 Inspec-
tor General Act of 1978, to remain available until expended.
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$28,524,000.
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
H. R. 2160—5
laws, $71,604,000: 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,
as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C.
1621–1627) and other laws, $118,048,000, of which up to
$36,327,000 shall be available until expended for the Census of
Agriculture: Provided, That this appropriation 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:
Provided further, That, notwithstanding any other provision of law,
the Secretary of Agriculture shall conduct the 1997 Census of
Agriculture, to the extent practicable, pursuant to the provisions
of title 13, United States Code.
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, $744,605,000:
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
limitations on alterations contained in this Act shall not apply
to modernization or replacement of existing facilities at Beltsville,
Maryland: 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
the item under the heading ‘‘AGRICULTURAL RESEARCH SERVICE’’
H. R. 2160—6
in title I of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1996
(Public Law 104–37; 109 Stat. 304), is amended by striking the
penultimate proviso, relating to conveyance of the Pecan Genetics
and Improvement Research Laboratory.
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,
$80,630,000, 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–i); $20,497,000 for grants for
cooperative forestry research (16 U.S.C. 582a–a7); $27,735,000 for
payments to the 1890 land-grant colleges, including Tuskegee
University (7 U.S.C. 3222); $51,495,000 for special grants for agri-
cultural research (7 U.S.C. 450i(c)); $15,048,000 for special grants
for agricultural research on improved pest control (7 U.S.C. 450i(c));
$97,200,000 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); $550,000 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
(7 U.S.C. 3318), to remain available until expended; $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);
$4,350,000 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); $2,500,000 for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241); $4,000,000 for
aquaculture 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 $11,226,000 for necessary expenses of Research
H. R. 2160—7
and Education Activities, of which not to exceed $100,000 shall
be for employment under 5 U.S.C. 3109; in all, $431,410,000.
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 103–382 (7 U.S.C. 301 note),
$4,600,000.
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, 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 cooperative extension agents
and State extension directors, $268,493,000; payments for extension
work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C.
343(b)(3)), $2,000,000; payments for the nutrition and family edu-
cation 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 section 3(d) of
the Act, $3,214,000; payments to upgrade 1890 land-grant college
research, extension, and teaching facilities as authorized by section
1447 of Public Law 95–113 (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 section 3(d) of the Act,
$9,061,000; payments for the agricultural telecommunications pro-
gram, as authorized by Public Law 101–624 (7 U.S.C. 5926),
$900,000; payments for youth-at-risk programs 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 Resources Extension Act of 1978,
$3,192,000; payments for Indian reservation agents under section
3(d) of the Act, $1,672,000; payments 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 and 328)
and Tuskegee University, $25,090,000; and for Federal administra-
tion and coordination including administration of the Smith-Lever
Act, and the Act of September 29, 1977 (7 U.S.C. 341–349), 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 Department and the several States and insular posses-
sions, $11,108,000; in all, $423,376,000: Provided, That funds
hereby appropriated pursuant to section 3(c) of the Act of June
26, 1953, and section 506 of the Act of June 23, 1972, shall not
be paid to any State, the District of Columbia, Puerto Rico, Guam,
H. R. 2160—8
or the Virgin Islands, Micronesia, Northern Marianas, and Amer-
ican Samoa prior to availability of an equal sum from non-Federal
sources for expenditure during the current fiscal year.
OFFICE OF THE ASSISTANT SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Marketing and Regulatory Programs to administer
programs under the laws enacted by the Congress for the Animal
and Plant Health Inspection Service, the Agricultural Marketing
Service, and the Grain Inspection, Packers and Stockyards Adminis-
tration, $618,000.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, including those pursu-
ant to the Act of February 28, 1947 (21 U.S.C. 114b–c), necessary
to prevent, control, and eradicate pests and plant and animal dis-
eases; to carry out inspection, quarantine, and regulatory activities;
to discharge the authorities of the Secretary of Agriculture under
the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b);
and to protect the environment, as authorized by law, $426,282,000,
of which $4,500,000 shall be available for the control of outbreaks
of insects, plant diseases, animal diseases and for control of pest
animals and birds to the extent necessary to meet emergency
conditions: Provided, That no funds shall be used to formulate
or administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the States
of at least 40 percent: Provided further, That this appropriation
shall be available for field 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: Provided further, That this appropriation
shall be available for the operation and maintenance of aircraft
and the purchase of not to exceed four, of which two shall be
for replacement only: Provided further, That, in addition, in emer-
gencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations
of the Department such sums as he may deem necessary, to be
available only in such emergencies for the arrest and eradication
of contagious or infectious disease or pests of animals, poultry,
or plants, and for expenses in accordance with the Act of February
28, 1947, and section 102 of the Act of September 21, 1944, and
any unexpended balances of funds transferred for such emergency
purposes in the next preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for
the repair and alteration of leased buildings and improvements,
but unless otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
H. R. 2160—9
In fiscal year 1998 the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be credited to this account, to remain available
until expended, without further appropriation, for providing such
assistance, goods, or services.
Of the total amount available under this heading in fiscal
year 1998, $88,000,000 shall be derived from user fees deposited
in the Agricultural Quarantine Inspection User Fee Account.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$4,200,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administra-
tion and coordination of payments to States; including field
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 $90,000
for employment under 5 U.S.C. 3109, $46,592,000, including funds
for the wholesale market development program for the design and
development of wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering
any one building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $59,521,000 (from fees collected) shall be
obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrol-
lable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Appropriations Committees.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c) shall be used only for commodity program
expenses as authorized therein, and other related operating