HR 4101 EAS
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $150,000 shall be available
for employment under 5 U.S.C. 3109.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES
MANAGER
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural
Service, including carrying out title VI of the Agricultural
Act of 1954 (7 U.S.C. 1761–1768), market development ac-
tivities abroad, and for enabling the Secretary to coordinate
and integrate activities of the Department in connection
with foreign agricultural work, including not to exceed
$128,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956
(7 U.S.C. 1766), $131,795,000: Provided, That of the total
amount appropriated, up to $2,000,000 is available solely
for the purpose of offsetting fluctuations in international
currency exchange rates and these funds and any other
funds that are deposited into the overseas exchange rate ac-
count shall be available until expended: Provided further,
That the Service may utilize advances of funds, or reim-
burse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and
HR 4101 EAS
institutions under agreements executed pursuant to the ag-
ricultural food production assistance programs (7 U.S.C.
1736) and the foreign assistance programs of the Inter-
national Development Cooperation Administration (22
U.S.C. 2392).
None of the funds in the foregoing paragraph shall be
available to promote the sale or export of tobacco or tobacco
products.
PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS
(INCLUDING TRANSFERS OF FUNDS)
For expenses during the current fiscal year, not other-
wise recoverable, and unrecovered prior years’ costs, includ-
ing interest thereon, under the Agricultural Trade Develop-
ment and Assistance Act of 1954 (7 U.S.C. 1691, 1701–
1704, 1721–1726a, 1727–1727e, 1731–1736g–3, and 1737),
as follows: (1) $203,475,000 for Public Law 480 title I cred-
it, including Food for Progress programs; (2) $17,608,000
is hereby appropriated for ocean freight differential costs
for the shipment of agricultural commodities pursuant to
title I of said Act and the Food for Progress Act of 1985;
(3) $837,000,000 is hereby appropriated for commodities
supplied in connection with dispositions abroad pursuant
to title II of said Act; and (4) $30,000,000 is hereby appro-
priated for commodities supplied in connection with dis-
positions abroad pursuant to title III of said Act: Provided,
That not to exceed 15 percent of the funds made available
HR 4101 EAS
to carry out any title of said Act may be used to carry
out any other title of said Act: Provided further, That such
sums shall remain available until expended (7 U.S.C.
2209b).
For the cost, as defined in section 502 of the Congres-
sional Budget Act of 1974, of direct credit agreements as
authorized by the Agricultural Trade Development and As-
sistance Act of 1954, and the Food for Progress Act of 1985,
including the cost of modifying credit agreements under
said Act, $176,596,000.
In addition, for administrative expenses to carry out
the Public Law 480 title I credit program, and the Food
for Progress Act of 1985, to the extent funds appropriated
for Public Law 480 are utilized, $1,850,000, of which
$1,035,000 may be transferred to and merged with the ap-
propriation for ‘‘Foreign Agricultural Service and General
Sales Manager’’ and $815,000 may be transferred to and
merged with the appropriation for ‘‘Farm Service Agency,
Salaries and Expenses’’.
COMMODITY CREDIT CORPORATION EXPORT LOANS
PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commod-
ity Credit Corporation’s export guarantee program, GSM
102 and GSM 103, $3,820,000; to cover common overhead
expenses as permitted by section 11 of the Commodity Cred-
HR 4101 EAS
it Corporation Charter Act and in conformity with the Fed-
eral Credit Reform Act of 1990, of which $3,231,000 may
be transferred to and merged with the appropriation for
‘‘Foreign Agricultural Service and General Sales Manager’’
and $589,000 may be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Ex-
penses’’.
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 Adminis-
tration, including hire and purchase of passenger motor ve-
hicles; 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; for rental of special purpose space in the District
of Columbia or elsewhere; and for miscellaneous and emer-
gency expenses of enforcement activities, authorized and ap-
proved by the Secretary and to be accounted for solely on
the 
Secretary’s 
certificate, 
not 
to 
exceed 
$25,000;
$1,072,640,000, of which not to exceed $132,273,000 in fees
HR 4101 EAS
pursuant to section 736 of the Federal Food, Drug, and Cos-
metic Act may be credited to this appropriation and re-
main available until expended: Provided, That fees derived
from applications received during fiscal year 1999 shall be
subject to the fiscal year 1999 limitation: Provided further,
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, fees pursuant to section 354 of the Public
Health Service Act may be credited to this account, to re-
main available until expended.
In addition, fees pursuant to section 801 of the Federal
Food, Drug, and Cosmetic Act may be credited to this ac-
count, 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, $12,350,000, to remain available
until expended (7 U.S.C. 2209b).
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
HR 4101 EAS
Treasury, as authorized by section 6.28(c) of the Farm
Credit Act of 1971, for reimbursement of interest expenses
incurred by the Financial Assistance Corporation on obli-
gations issued through 1994, as authorized, $2,565,000.
INDEPENDENT AGENCY
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of
the Commodity Exchange Act (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; $61,000,000, including
not to exceed $1,000 for official reception and representa-
tion expenses: Provided, That the Commission is authorized
to charge reasonable fees to attendees of Commission spon-
sored educational events and symposia to cover the Commis-
sion’s costs of providing those events and symposia, and
notwithstanding 31 U.S.C. 3302, said fees shall be credited
to this account, to be available without further appropria-
tion.
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 1999 under this Act
shall be available for the purchase, in addition to those spe-
HR 4101 EAS
cifically provided for, of not to exceed 440 passenger motor
vehicles, of which 437 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 allow-
ances 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-
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 Cen-
ter operations shall not exceed $2,000,000: Provided, That
no funds in this Act appropriated to an agency of the De-
partment shall be transferred to the Working Capital Fund
without the approval of the agency administrator.
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, integrated
HR 4101 EAS
systems acquisition project, and up to $2,000,000 for costs
associated with collocating regional offices; Farm Service
Agency, salaries and expenses funds made available to
county committees; and Foreign Agricultural Service, mid-
dle-income country training program.
New obligational authority for the boll weevil program;
up to 10 percent of the screwworm program of the Animal
and Plant Health Inspection Service; Food Safety and In-
spection Service, field automation and information man-
agement project; funds appropriated for rental payments;
funds for the Native American Institutions Endowment
Fund in the Cooperative State Research, Education, and
Extension Service; and funds for the competitive research
grants (7 U.S.C. 450i(b)), shall remain available until ex-
pended.
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 appropriations
available to the Department of Agriculture in this Act shall
be available to provide appropriate orientation and lan-
guage 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
HR 4101 EAS
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 arrange-
ments is to carry out programs of mutual interest between
the two parties. This does not preclude appropriate pay-
ment of indirect costs on grants and contracts with such
institutions when such indirect costs are computed on a
similar basis for all agencies for which appropriations are
provided in this Act.
SEC. 709. Notwithstanding any other provision of this
Act, commodities acquired by the Department in connection
with Commodity Credit Corporation and section 32 price
support operations may be used, as authorized by law (15
U.S.C. 714c and 7 U.S.C. 612c), to provide commodities
to individuals in cases of hardship as determined by the
Secretary of Agriculture.
SEC. 710. None of the funds in this Act shall be avail-
able to restrict the authority of the Commodity Credit Cor-
poration to lease space for its own use or to lease space
on behalf of other agencies of the Department of Agriculture
when such space will be jointly occupied.
SEC. 711. With the exception of grants awarded under
the Small Business Innovation Development Act of 1982,
Public Law 97–219 (15 U.S.C. 638), none of the funds in
this Act shall be available to pay indirect costs on research
HR 4101 EAS
grants awarded competitively by the Cooperative State Re-
search, Education, and Extension Service that exceed 14
percent of total Federal funds provided under each award.
SEC. 712. Notwithstanding any other provisions of this
Act, all loan levels provided in this Act shall be considered
estimates, not limitations.
SEC. 713. Appropriations to the Department of Agri-
culture for the cost of direct and guaranteed loans made
available in fiscal year 1999 shall remain available until
expended to cover obligations made in fiscal year 1999 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.
SEC. 714. Such sums as may be necessary for fiscal
year 1999 pay raises for programs funded by this Act shall
be absorbed within the levels appropriated by this Act.
SEC. 715. Notwithstanding the Federal Grant and Co-
operative Agreement Act, marketing services of the Agricul-
tural Marketing Service and the Animal and Plant Health
Inspection Service may use cooperative agreements to reflect
a relationship between the Agricultural Marketing Service
or the Animal and Plant Health Inspection Service and
a State or Cooperator to carry out agricultural marketing
HR 4101 EAS
programs or to carry out programs to protect the Nation’s
animal and plant resources.
SEC. 716. 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-
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 telephone
liquidating account which is in excess of current require-
ments and such balance shall receive interest as set forth
for financial accounts in section 505(c) of the Federal Cred-
it Reform Act of 1990.
SEC. 717. Hereafter, none of the funds made available
to the Department of Agriculture 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 Agricultural Trade Act of 1978 (7
U.S.C. 5623) that provides assistance to the United States
Mink Export Development Council or any mink industry
trade association.
HR 4101 EAS
SEC. 718. Of the funds made available by this Act, not
more than $1,350,000 shall be used to cover necessary ex-
penses of activities related to all advisory committees, pan-
els, commissions, and task forces of the Department of Agri-
culture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
SEC. 719. None of the funds appropriated in this Act
may be used to carry out the provisions of section 918 of
Public Law 104–127, the Federal Agriculture Improvement
and Reform Act.
SEC. 720. 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 De-
partment for more than 30 days unless the individual’s em-
ploying 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. 721. None of the funds appropriated or otherwise
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 requested for
the appropriations hearing process.
HR 4101 EAS
SEC. 722. None of the funds made available to the De-
partment of Agriculture by this Act may be used to acquire
new information technology systems or significant up-
grades, as determined by the Office of the Chief Information
Officer, without the approval of the Chief Information Offi-
cer and the concurrence of the Executive Information Tech-
nology Investment Review Board.
SEC. 723. (a) None of the funds provided by this Act,
or provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1999, or provided from any ac-
counts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which: (1) creates new programs;
(2) eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; un-
less the Appropriations Committees of both Houses of Con-
gress are notified fifteen days in advance of such re-
programming of funds.
HR 4101 EAS
(b) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 1999, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities, pro-
grams, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2) re-
duces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result
in a change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
SEC. 724. Hereafter, none of the funds appropriated
or otherwise available to the Department of Agriculture
may be used to administer the provision of contract pay-
ments to a producer under the Agricultural Market Transi-
tion Act (7 U.S.C. 7201 et seq.) for contract acreage on
which wild rice is planted unless the contract payment is
HR 4101 EAS
reduced by an acre for each contract acre planted to wild
rice.
SEC. 725. The Federal facility located in Stuttgart,
Arkansas, and known as the ‘‘United States National Rice
Germplasm Evaluation and Enhancement Center’’, shall be
known and designated as the ‘‘Dale Bumpers National Rice
Research Center’’: Provided, That any reference in law,
map, regulation, document, paper, or other record of the
United States to such federal facility shall be deemed to be
a reference to the ‘‘Dale Bumpers National Rice Research
Center’’.
SEC. 726. Notwithstanding any other provision of law,
the Secretary of Agriculture, subject to the reprogramming
requirements established by this Act, may transfer up to
$26,000,000 in discretionary funds made available by this
Act among programs of the Department, not otherwise ap-
propriated for a specific purpose or a specific location, for
distribution to or for the benefit of the Lower Mississippi
Delta Region, as defined in Public Law 100–460, prior to
normal state or regional allocation of funds: Provided, That
any funds made available through Chapter Four of Title
III, Subtitle D of the Federal Agriculture Improvement and
Reform Act of 1996 may be included in any amount repro-
grammed under this section if such funds are used for a
purpose authorized by such Chapter.
HR 4101 EAS
SEC. 727. None of the funds appropriated or otherwise
made available by this Act may be used to pay the salaries
and expenses of personnel to carry out section 793 of Public
Law 104–127.
SEC. 728. None of the funds appropriated or otherwise
made available by this Act may be used to pay the salaries
and expenses of personnel to enroll in excess of 120,000
acres in the fiscal year 1999 wetlands reserve program as
authorized by 16 U.S.C. 3837.
SEC. 729. Notwithstanding section 27(a) of the Food
Stamp Act, the amount specified for allocation under such
section for fiscal year 1999 shall be $80,000,000.
SEC. 730. None of the funds appropriated or otherwise
made available by this Act shall be used to pay the salaries
and expenses of personnel to carry out a conservation farm
option program, as authorized by section 335 of Public Law
104–127.
SEC. 731. Public Law 102–237, Title X, Section
1013(a) and (b) (7 U.S.C. 426 note) is amended by striking
‘‘, to the extent practicable,’’ in each instance in which it
appears.
SEC. 732. Funds made available for conservation oper-
ations by this or any other Act, including prior-year bal-
ances, shall be available for financial assistance and tech-
HR 4101 EAS
nical assistance for Franklin County, Mississippi, in the
amounts earmarked in appropriations report language.
SEC. 733. Notwithstanding section 381A of Public Law
104–127, the definitions of rural areas for certain business
programs administered by the Rural Business-Cooperative
Service and the community facilities programs adminis-
tered by the Rural Housing Service shall be those provided
for in statute and regulations prior to the enactment of
Public Law 104–127.
SEC. 734. Section 306D of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926d) is amended by
inserting ‘‘25 percent in’’ in lieu of ‘‘equal’’ in subsection
(b), 
and 
by 
inserting 
‘‘$25,000,000’’ 
in 
lieu 
of
‘‘$15,000,000’’ in subsection (d).
SEC. 735. None of the funds made available to the Food
and Drug Administration by this Act shall be used to close
or relocate, or to plan to close or relocate, the Food and
Drug Administration Division of Drug Analysis in St.
Louis, Missouri.
SEC. 736. None of the funds appropriated or otherwise
made available by this Act shall be used to carry out any
commodity purchase program which would prohibit par-
ticipation by a farmer-owned cooperative.
SEC. 737. None of the funds made available by this
Act or any other Act for any fiscal year may be used to
HR 4101 EAS
carry out section 302(h) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1622(h)) unless the Secretary of Agri-
culture inspects and certifies agricultural processing equip-
ment, and imposes a fee for the inspection and certification,
in a manner that is similar to the inspection and certifi-
cation of agricultural products under that section, as deter-
mined by the Secretary: Provided, That this provision shall
not affect the authority of the Secretary to carry out the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.),
or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).
SEC. 738. (a) AMENDMENT OF THE ARMS EXPORT
CONTROL ACT.—Section 102(b)(2)(D) of the Arms Export
Control Act (22 U.S.C. 2799aa–1(b)(2)(D)) is amended—
(1) in clause (i) by striking ‘‘or’’ at the end;
(2) in clause (ii) by striking the period at the
end and inserting ‘‘, or’’; and
(3) by inserting after clause (ii) the following:
‘‘(iii) to any credit, credit guarantee, or
other financial assistance provided by the De-
partment of Agriculture for the purchase or other
provision of food or other agricultural commod-
ities.’’.
(b) The amendments made by subsection (a) shall
apply to any credit, credit guarantee, or other financial as-
HR 4101 EAS
sistance approved by the Department of Agriculture before,
on, or after the date of enactment of this Act.
(c) Amounts made available by this section are des-
ignated by the Congress as an emergency requirement pur-
suant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided, That such amounts shall be available only to the ex-
tent that an official budget request that includes designation
of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
SEC. 739. None of the funds appropriated or otherwise
made available by this Act may be used to require any pro-
ducer to pay an administrative fee for catastrophic risk
protection under section 508(b)(5)(A) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)(5)(A)) in an amount that
is greater than $50 per crop per county.
SEC. 740. Nothing in this Act shall be interpreted or
construed to alter the current implementation of the Wet-
lands Reserve Program, unless expressly provided herein.
SEC. 741. That notwithstanding section 4703(d)(1) of
title 5, United States Code, the personnel management dem-
onstration project established in the Department of Agri-
culture, as described at 55 FR 9062 and amended at 61
HR 4101 EAS
(1) the amount of funds expended by the Sec-
retary since January 1, 1990, on methyl bromide al-
ternatives research, including a description of the
amounts paid for salaries, expenses, and actual re-
search;
(2) plot and field scale testing of methyl bromide
alternatives conducted by the Secretary since January
1, 1990, including a description of—
(A) the total amount of funds expended for
the testing;
(B) the amount of funds expended for the
testing as a portion of a larger project or inde-
pendently of other projects; and
(C) the results of the testing and the impact
of the results on future research; and
(3) variables that impact the effectiveness of
methyl bromide alternatives, including a description
of—
(A) the individual variables; and
(B) the plan of the Secretary for addressing
each of the variables during the plot and field
scale testing conducted by the Secretary.
(b) REPORT.—Not later than 120 days after the date
of enactment of this Act, the Secretary shall submit to the
appropriations committees of both Houses of Congress a re-
HR 4101 EAS
port that describes the results of the review conducted under
subsection (a).
SEC. 744. SENSE OF SENATE ON DISASTER ASSIST-
ANCE FOR TEXAS AGRICULTURAL PRODUCERS. (a) FIND-
INGS.—The Senate finds that—
(1) the statewide economic impact of the drought
on agriculture in the State of Texas could be more
than $4,600,000,000 in losses, according to the Agri-
cultural Extension Service of the State;
(2) the direct loss of income to agricultural pro-
ducers in the State is $1,500,000,000;
(3) the National Weather Service has reported
that all 10 climatic regions in the State have received
below-average rainfall from March through May of
1998, a critical time in the production of corn, cot-
ton, sorghum, wheat, and forage;
(4) the total losses for cotton producers in the
State 
have 
already 
reached 
an 
estimated
$500,000,000;
(5) nearly half of the rangeland in the State (as
of May 31, 1998) was rated as poor or very poor as
a result of the lack of rain;
(6) the value of lost hay production in the State
will approach an estimated $175,000,000 statewide,
leading to an economic impact of $582,000,000;
HR 4101 EAS
(7) dryland fruit and vegetable production losses
in East Texas have already been estimated at
$33,000,000;
(8) the early rains in many parts of the State
produced a large quantity of forage that is now ex-
tremely dry and a dangerous source of fuel for
wildfires; and
(9) the Forest Service of the State has indicated
that over half the State is in extreme or high danger
of wildfires due to the drought conditions.
(b) SENSE OF SENATE.—It is the sense of the Senate
that the Secretary of Agriculture should—
(1) streamline the drought declaration process to
provide necessary relief to the State of Texas as quick-
ly as is practicable;
(2) ensure that local Farm Service Agency offices
in the State are equipped with full-time and emer-
gency personnel in drought-stricken areas to assist ag-
ricultural producers with disaster loan applications;
(3) direct the Forest Service, and request the
Federal Emergency Management Agency, to assist the
State in prepositioning fire fighting equipment and
other appropriate resources in affected counties of the
State;
HR 4101 EAS
(4) authorize haying and grazing on acreage in
the State that is enrolled in the conservation reserve
program carried out under section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831); and
(5) convene experts within the Department of
Agriculture to develop and implement an emergency
plan for the State to help prevent wildfires and to
overcome the economic impact of the continuing
drought by providing assistance from the Department
in a rapid and efficient manner for producers that
are suffering from drought conditions.
SEC. 745. Section 1237D(c)(1) of subchapter C of the
Food Security Act of 1985 is amended by inserting after
‘‘perpetual’’ the following ‘‘or 30-year’’.
SEC. 746. Section 1237(b)(2) of subchapter C of the
Food Security Act of 1985 is amended by adding the follow-
ing:
‘‘(C) For purposes of subparagraph (A), to
the maximum extent practicable should be inter-
preted to mean that acceptance of wetlands re-
serve program bids may be in proportion to
landowner interest expressed in program op-
tions.’’.
SEC. 747. TECHNICAL CORRECTIONS
TO AGRICUL-
TURAL RESEARCH, EXTENSION, AND EDUCATION REFORM
HR 4101 EAS
ACT OF 1998. (a) FOREST AND RANGELAND RENEWABLE
RESOURCES RESEARCH.—Section 3(d)(3) of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16
U.S.C. 1642(d)(3)) (as amended by section 253(b) of the
Agricultural Research, Extension, and Education Reform
Act of 1998) is amended by striking ‘‘The Secretary’’ and
inserting ‘‘At the request of the Governor of the State of
Maine, New Hampshire, New York, or Vermont, the Sec-
retary’’.
(b) HONEY RESEARCH, PROMOTION, AND CONSUMER
INFORMATION.—Section 7(e)(2) of the Honey Research,
Promotion, and Consumer Information Act (7 U.S.C.
4606(e)(2)) (as amended by section 605(f)(3) of the Agricul-
tural Research, Extension, and Education Reform Act of
1998) is amended by striking ‘‘$0.0075’’ each place it ap-
pears and inserting ‘‘$0.01’’.
(c) EFFECTIVE DATE.—The amendments made by this
section take effect on the date of enactment of the Agricul-
tural Research, Extension, and Education Reform Act of
1998.
SEC. 748. None of the funds appropriated by this Act
or any other Act shall be used to pay the salaries and ex-
penses of personnel who prepare or submit appropriations
language as part of the President’s Budget submission to
the Congress of the United States for programs under the
HR 4101 EAS
jurisdiction of the Appropriations Subcommittees on Agri-
culture, Rural Development, and Related Agencies that as-
sumes revenues or reflects a reduction from the previous
year due to user fees proposals that have not been enacted
into law prior to the submission of the Budget unless such
Budget submission identifies which additional spending re-
ductions should occur in the event the users fees proposals
are not enacted prior to the date of the convening of a com-
mittee of conference for the fiscal year 2000 appropriations
Act.
SEC. 749. PILOT PROGRAM TO PERMIT HAYING AND
GRAZING ON CONSERVATION RESERVE LAND. (a) DEFINI-
TIONS.—In this section:
(1) ELIGIBLE STATE.—The term ‘‘eligible State’’
means any State that is approved by the Secretary
for inclusion in the pilot program under subsection
(b), except that the term shall not apply to more than
7 States.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(3) STATE TECHNICAL COMMITTEE.—The term
‘‘State technical committee’’ means the State technical
committee for a State established under section 1261
of the Food Security Act of 1985 (16 U.S.C. 3861).
HR 4101 EAS
(b) 
PILOT
PROGRAM.—Notwithstanding 
section
1232(a)(7) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)), during the 4-year period beginning on the date
of enactment of this Act, on application by an owner or
operator of a farm or ranch located in an eligible State
who has entered into a contract with the Secretary under
subchapter B of chapter 1 of subtitle D of title XII of that
Act (16 U.S.C. 3831 et seq.)—
(1) the Secretary shall permit harvesting and
grazing on land on the farm or ranch that the Sec-
retary determines has a sufficiently established cover
to permit harvesting or grazing without undue harm
to the purposes of the contract if—
(A) no land under the contract will be har-
vested or grazed more than once in a 4-year pe-
riod;
(B) the owner or operator agrees to a pay-
ment reduction under that subchapter in an
amount determined by the Secretary; and
(C) the owner or operator agrees to such
other terms and conditions as the Secretary, in
consultation with the State technical committee
for the State, may establish to ensure that the
harvesting or grazing is consistent with the pur-
HR 4101 EAS
poses of the program established under that sub-
chapter;
(2) the Secretary may permit grazing on land
under the contract if—
(A) the grazing is incidental to the gleaning
of crop residues;
(B) the owner or operator agrees to a pay-
ment reduction in annual rental payments that
would otherwise be payable under that sub-
chapter in an amount determined by the Sec-
retary; and
(C) the owner or operator agrees to such
other terms and conditions as the Secretary, in
consultation with the State technical committee
for the State, may establish to ensure that the
grazing is consistent with the purposes of the
program established under that subchapter; and
(3) the Secretary shall permit harvesting on land
on the farm or ranch that the Secretary determines
has a sufficiently established cover to permit harvest-
ing without undue harm to the purposes of the con-
tract if—
(A) land under the contract will be har-
vested not more than once annually for recovery
of biomass used in energy production;
HR 4101 EAS
(B) the owner or operator agrees to a pay-
ment reduction under that subchapter in an
amount determined by the Secretary; and
(C) the owner or operator agrees to such
other terms and conditions as the Secretary, in
consultation with the State technical committee
for the State, may establish to ensure that the
harvesting is consistent with the purposes of the
program established under that subchapter.
(c) RELATIONSHIP TO OTHER HAYING AND GRAZING
AUTHORITY.—During the 4-year period beginning on the
date of enactment of this Act, land that is located in an
eligible State shall not be eligible for harvesting or grazing
under section 1232(a)(7) of the Food Security Act of 1985
(16 U.S.C. 3832(a)(7)).
(d) CONSERVATION PRACTICES AND TIMING RESTRIC-
TIONS.—Not later than March 1 of each year, the Secretary,
in consultation with the State technical committee for an
eligible State, shall determine any conservation practices
and timing restrictions that apply to land in the State that
is harvested or grazed under subsection (b).
(e) STUDY.—The Secretary shall make available not
more than $100,000 of funds of the Commodity Credit Cor-
poration to contract with the game, fish, and parks depart-
ment of an eligible State to conduct an analysis of the pro-
HR 4101 EAS
gram conducted under this section (based on information
provided by all eligible States).
(f) REGULATIONS.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall
issue such regulations as are necessary to implement
this Act.
(2) PROCEDURE.—The issuance of the regula-
tions shall be made without regard to—
(A) the notice and comment provisions of
section 553 of title 5, United States Code;
(B) the Statement of Policy of the Secretary
of Agriculture effective July 24, 1971 (36 Fed.
Reg. 13804), relating to notices of proposed rule-
making and public participation in rulemaking;
or
(C) chapter 35 of title 44, United States
Code (commonly known as the ‘‘Paperwork Re-
duction Act’’).
SEC. 750. EGG GRADING AND SAFETY. (a) PROHIBI-
TION ON PREVIOUS SHIPMENT OF SHELL EGGS UNDER
VOLUNTARY GRADING PROGRAM.—Section 203(h) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h)) is
amended by adding at the end the following: ‘‘Shell eggs
packed under the voluntary grading program of the Depart-
HR 4101 EAS
ment of Agriculture shall not have been shipped for sale
previous to being packed under the program, as determined
under a regulation promulgated by the Secretary.’’.
(b) REPORT ON EGG SAFETY AND REPACKAGING.—Not
later than 90 days after the date of enactment of this Act,
the Secretary of Agriculture, and the Secretary of Health
and Human Services, shall submit a joint status report to
the Committees on Appropriations of the House of Rep-
resentatives and the Senate that describes actions taken by
the Secretary of Agriculture and the Secretary of Health
and Human Services—
(1) to enhance the safety of shell eggs and egg
products;
(2) to prohibit the grading, under the voluntary
grading program of the Department of Agriculture, of
shell eggs previously shipped for sale; and
(3) to assess the feasibility and desirability of
applying to all shell eggs the prohibition on repackag-
ing to enhance food safety, consumer information,
and consumer awareness.
SEC. 751. (a) FINDINGS.—
(1) In contrast to our Nation’s generally strong
economy, in a number of States, agricultural produc-
ers and rural communities are experiencing serious
economic hardship.
HR 4101 EAS
continuing the violation and assess a
civil penalty of not more than $10,000
for each violation.
‘‘(II) CONSIDERATIONS.—In de-
termining the amount of a civil pen-
alty to be assessed under clause (i), the
Secretary shall consider the gravity of
the offense, the size of the business in-
volved, and the effect of the penalty on
the ability of the person to continue in
business.
‘‘(iv) REFERRAL
TO
ATTORNEY
GEN-
ERAL.—If, after expiration of the period for
appeal or after the affirmance of a civil
penalty assessed under clause (iii), the per-
son against whom the civil penalty is as-
sessed fails to pay the civil penalty, the Sec-
retary may refer the matter to the Attorney
General, who may recover the amount of the
civil penalty in a civil action in United
States district court.
‘‘(B) VOLUNTARY
REPORTING.—The Sec-
retary shall encourage voluntary reporting by
persons engaged in the business of buying, sell-
ing, or marketing livestock, livestock products,