H. R. 4101—30
provision of contract payments to a producer under the Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.) for contract acreage
on which wild rice is planted unless the contract payment is reduced
by an acre for each contract acre planted to wild rice.
SEC. 728. The Federal facility located in Stuttgart, Arkansas,
and known as the ‘‘United States National Rice Germplasm Evalua-
tion and Enhancement Center’’, shall be known and designated
as the ‘‘Dale Bumpers National Rice Research Center’’: Provided,
That any reference in a 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. 729. Notwithstanding any other provision of law, the
Secretary of Agriculture, subject to the reprogramming require-
ments 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 appropriated 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 4 of subtitle D
of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa
et seq.) may be included in any amount reprogrammed under this
section if such funds are used for a purpose authorized by such
chapter: Provided further, That any funds made available from
ongoing programs of the Department of Agriculture used for the
benefit of the Lower Mississippi Delta Region shall be counted
toward the level cited in this section.
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 enroll in excess of 120,000 acres in the fiscal year
1999 wetlands reserve program as authorized by 16 U.S.C. 3837.
SEC. 731. 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 the emergency food assistance program
authorized by section 27(a) of the Food Stamp Act if such program
exceeds $90,000,000.
SEC. 732. 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 the provisions of section 401 of Public
Law 105–185.
SEC. 733. Notwithstanding any other provision of law, the
City of Big Spring, Texas shall be eligible to participate in rural
housing programs administered by the Rural Housing Service.
SEC. 734. Notwithstanding any other provision of law, the
Municipality of Carolina, Puerto Rico shall be eligible for grants
and loans administered by the Rural Utilities Service.
SEC. 735. Notwithstanding section 381A of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009), the definitions
of rural areas for certain business programs administered by the
Rural Business-Cooperative Service and the community facilities
programs administered by the Rural Housing Service shall be those
provided for in statute and regulations prior to the enactment
of Public Law 104–127.
SEC. 736. None of the funds appropriated or otherwise made
available by this Act shall be used to carry out any commodity
H. R. 4101—31
purchase program that would prohibit eligibility or participation
by farmer-owned cooperatives.
SEC. 737. Section 512(d)(4)(D)(iii) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is amended by insert-
ing before the semicolon the following: ‘‘, except that for purposes
of this clause, antibacterial ingredient or animal drug does not
include the ionophore or arsenical classes of animal drugs’’.
SEC. 738. (a) None of the funds appropriated or otherwise
made available to the Secretary by this Act, any other Act, or
any other source may be used to issue the final rule to implement
the amendments to Federal milk marketing orders required by
subsection (a)(1) of section 143 of the Agricultural Market Transi-
tion Act (7 U.S.C. 7253), other than during the period of February
1, 1999, through April 4, 1999, and only if the actual implementa-
tion of the amendments as part of Federal milk marketing orders
takes effect on October 1, 1999, notwithstanding the penalties that
would otherwise be imposed under subsection (c) of such section.
(b) None of such funds may be used to designate the State
of California as a separate Federal milk marketing order under
subsection (a)(2) of such section, other than during the period
beginning on the date of the issuance of the final rule referred
to in subsection (a) through September 30, 1999.
(c) For purposes of this section, a rule shall be considered
to be a final rule when the rule is submitted to Congress as
required by chapter 8 of title 5, United States Code, to permit
congressional review of agency rulemaking and before the Secretary
of Agriculture conducts the producer referendum required under
section 8c(19) of the Agricultural Adjustment Act (7 U.S.C.
608c(19)), reenacted with amendments by the Agricultural Market-
ing Agreement Act of 1937.
SEC. 739. Whenever the Secretary of Agriculture announces
the basic formula price for milk for purposes of Federal milk market-
ing orders issued under section 8c of the Agricultural Adjustment
Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, the Secretary shall include in
the announcement an estimate, stated on a per hundredweight
basis, of the costs incurred by milk producers, including transpor-
tation and marketing costs, to produce milk in the different regions
of the United States.
SEC. 740. 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. 741. WAIVER
OF STATUTE
OF LIMITATIONS. (a) To the
extent permitted by the Constitution, any civil action to obtain
relief with respect to the discrimination alleged in an eligible com-
plaint, if commenced not later than 2 years after the date of the
enactment of this Act, shall not be barred by any statute of limita-
tions.
(b) The complainant may, in lieu of filing a civil action, seek
a determination on the merits of the eligible complaint by the
Department of Agriculture if such complaint was filed not later
than 2 years after the date of the enactment of this Act. The
Department of Agriculture shall—
(1) provide the complainant an opportunity for a hearing
on the record before making that determination; and
H. R. 4101—32
(2) award the complainant such relief as would be afforded
under the applicable statute from which the eligible complaint
arose notwithstanding any statute of limitations.
(c) A proposed administrative award or settlement, exceeding
$75,000 (other than debt relief), of an eligible complaint—
(1) shall not take effect until 90 days after notice of that
award or settlement is given to the Attorney General (or the
Attorney General’s designee); and
(2) shall not take effect in any event if, during that 90-
day period, the Attorney General (or the Attorney General’s
designee) objects to the award or settlement.
(d) Notwithstanding subsections (a) and (b), if an eligible claim
is denied administratively, the claimant shall have at least 180
days to commence a cause of action in a Federal court of competent
jurisdiction seeking a review of such denial.
(e) The United States Court of Federal Claims and the United
States District Court shall have exclusive original jurisdiction
over—
(1) any cause of action arising out of a complaint with
respect to which this section waives the statute of limitations;
and
(2) over any civil action for judicial review of a determina-
tion in an administrative proceeding in the Department of
Agriculture under this section.
(f ) As used in this section, the term ‘‘eligible complaint’’ means
a non-employment-related complaint that was filed with the Depart-
ment of Agriculture before July 1, 1997 and alleges discrimination
at any time during the period beginning on January 1, 1983 and
ending December 31, 1996—
(1) under the Equal Credit Opportunity Act (15 U.S.C.
1691 et seq.) in administering a farm ownership, farm operat-
ing, or emergency loan from the Agricultural Credit Insurance
Program Account; or
(2) in the administration of a commodity program or a
disaster assistance program.
(g) This section shall apply in fiscal year 1999 and thereafter.
SEC. 742. In any claim brought under the Rehabilitation Act
of 1973 and filed with the Secretary of Agriculture after January
1994 resulting in a finding that a farmer was subjected to discrimi-
nation under any farm loan program or activity conducted by the
United States Department of Agriculture in violation of section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary
of Agriculture shall be liable for compensatory damages. Such liabil-
ity shall apply to any administrative action brought before the
date of the enactment of this Act, but only if the action is brought
within the applicable statute of limitations and the complainant
sought or seeks compensatory damages while the action is pending.
SEC. 743. 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. 744. Funds made available for conservation operations
by this Act or any other Act, including prior-year balances, shall
be available for financial assistance and technical assistance for
Franklin County, Mississippi, in the amounts earmarked in appro-
priations report language.
SEC. 745. Section 306D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926d) is amended by inserting ‘‘25
H. R. 4101—33
percent in’’ in lieu of ‘‘equal’’ in subsection (b), and by inserting
‘‘$20,000,000’’ in lieu of ‘‘$15,000,000’’ in subsection (d).
SEC. 746. 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. 747. None of the funds made available by this Act or
any other Act for any fiscal year may be used to carry out section
302(h) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h))
unless the Secretary of Agriculture inspects and certifies agricul-
tural processing equipment, and imposes a fee for the inspection
and certification, in a manner that is similar to the inspection
and certification of agricultural products under that section, as
determined 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 Inspec-
tion Act (21 U.S.C. 1031 et seq.).
SEC. 748. Notwithstanding the provisions of section 508(b)(5)(A)
of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(5)(A)), for
the 1999 reinsurance and subsequent reinsurance years, no pro-
ducer shall pay more than $50 per crop per county as an administra-
tive fee for catastrophic risk protection under section 508(b)(5)(A)
of that Act.
SEC. 749. Notwithstanding section 4703(d)(1) of title 5, United
States Code, the personnel management demonstration project
established in the Department of Agriculture, as described at 55
FR 9062 and amended at 61 FR 9507 and 61 FR 49178, shall
be continued indefinitely and become effective upon enactment of
this Act.
SEC. 750. (a) The first sentence of section 509(f )(4)(A) of the
Housing Act of 1949 (42 U.S.C. 1479(f )(4)(A)) is amended by striking
‘‘fiscal year 1998’’ and inserting ‘‘fiscal year 2000’’.
(b) Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C.
1485(b)(4)) is amended by striking ‘‘September 30, 1998’’ and insert-
ing ‘‘September 30, 2000’’.
(c) The first sentence of section 515(w)(1) of the Housing Act
of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking ‘‘fiscal year
1998’’ and inserting ‘‘fiscal year 2000’’.
(d) Section 538 of the Housing Act of 1949 (42 U.S.C. 1490p–
2) is amended—
(1) in subsection (t), by striking ‘‘fiscal year 1998’’ and
inserting ‘‘fiscal year 2000’’; and
(2) in subsection (u), by striking ‘‘September 30, 1998’’
and inserting ‘‘September 30, 2000’’.
(e) Section 538(f ) of the Housing Act of 1949 (42 U.S.C. 1490p–
2(f )) is amended by adding after paragraph (5) the following new
flush sentence:
‘‘The Secretary may not deny a guarantee under this section on
the basis that the interest on the loan, or on an obligation support-
ing the loan, for which the guarantee is sought is exempt from
inclusion in gross income for purposes of chapter 1 of the Internal
Revenue Code of 1986.’’.
SEC. 751. 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’’.
H. R. 4101—34
SEC. 752. Section 1237(b)(2) of subchapter C of the Food
Security Act of 1985 is amended by adding the following:
‘‘(C) For purposes of subparagraph (A), to the maximum
extent practicable should be interpreted to mean that
acceptance of wetlands reserve program bids may be in
proportion to landowner interest expressed in program
options.’’.
SEC. 753. (a) 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, Exten-
sion, 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 Secretary’’.
(b) Section 7(e)(2) of the Honey Research, Promotion, and Con-
sumer Information Act (7 U.S.C. 4606(e)(2)) (as amended by section
605(f )(3) of the Agricultural Research, Extension, and Education
Reform Act of 1998) is amended by striking ‘‘$0.0075’’ each place
it appears and inserting ‘‘$0.01’’.
(c)(1) Section 793(c)(2)(B) of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) is amended—
(A) in clause (iii), by striking ‘‘or’’ at the end;
(B) in clause (iv), by striking the period at the end and
inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(v) a State agricultural experiment station.’’.
(2) Section 401(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621(d)) is amended—
(A) in paragraph (3), by striking ‘‘or’’ at the end;
(B) in paragraph (4), by striking the period at the end
and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(5) a State agricultural experiment station.’’.
(d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 361c(d))
is amended—
(1) in paragraph (1), by striking ‘‘No’’ and inserting ‘‘Except
as provided in paragraph (4), no’’; and
(2) by adding at the end the following:
‘‘(4) TERRITORIES.—In lieu of the matching funds require-
ment of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).’’.
(e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) is
amended—
(1) in paragraph (1), by inserting ‘‘paragraph (4) and’’ after
‘‘provided in’’; and
(2) by adding at the end the following:
‘‘(4) TERRITORIES.—In lieu of the matching funds require-
ment of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).’’.
H. R. 4101—35
(f ) The amendments made by this section shall take effect
on the date of the enactment of the Agricultural Research, Exten-
sion, and Education Reform Act of 1998.
SEC. 754. None of the funds appropriated by this Act or any
other Act shall be used to pay the salaries and expenses 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 jurisdiction of the Appropriations Sub-
committees on Agriculture, Rural Development, and Related Agen-
cies that assumes 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 reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2000 appropriations Act.
SEC. 755. (a) 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 Department 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) Not later than 90 days after the date of the 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 Representa-
tives 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 pre-
viously shipped for sale; and
(3) to assess the feasibility and desirability of applying
to all shell eggs the prohibition on repackaging to enhance
food safety, consumer information, and consumer awareness.
SEC. 756. Expenses for computer-related activities of the
Department of Agriculture funded through the Commodity Credit
Corporation pursuant to section 161(b)(1)(A) of Public Law 104–
127 in fiscal year 1999 shall not exceed $65,000,000: Provided,
That section 4(g) of the Commodity Credit Corporation Charter
Act 
is 
amended 
by 
striking 
‘‘$193,000,000’’ 
and 
inserting
‘‘$188,000,000’’.
SEC. 757. (a) The Secretary of Agriculture may use funds for
tree assistance made available under Public Law 105–174, to carry
out a tree assistance program to owners of trees that were lost
or destroyed as a result of a disaster or emergency that was declared
by the President or the Secretary of Agriculture during the period
beginning May 1, 1998, and ending August 1, 1998, regardless
of whether the damage resulted in loss or destruction after August
1, 1998.
(b) Subject to subsection (c), the Secretary shall carry out
the program, to the maximum extent practicable, in accordance
with the terms and conditions of the tree assistance program estab-
lished under part 783 of title 7, Code of Federal Regulations.
(c) A person shall be presumed eligible for assistance under
the program if the person demonstrates to the Secretary that trees
owned by the person were lost or destroyed by May 31, 1999,
H. R. 4101—36
as a direct result of fire blight infestation that was caused by
a disaster or emergency described in subsection (a).
SEC. 758. None of the funds appropriated or otherwise made
available by this Act shall be used to establish an Office of Commu-
nity Food Security or any similar office within the United States
Department of Agriculture without the prior approval of the
Committee on Appropriations of both Houses of Congress.
SEC. 759. Notwithstanding any other provision of law, the
city of Vineland, New Jersey, shall be eligible for programs adminis-
tered by the Rural Housing Service and the Rural Business-
Cooperative Service.
SEC. 760. (a)(1) For purposes of this section, the term ‘‘Commis-
sion’’ means the Commodity Futures Trading Commission.
(2) For purposes of this section, the term ‘‘qualifying hybrid
instrument or swap agreement’’ means a hybrid instrument or
swap agreement that—
(A) was entered into before the start of the restraint period
or is entered into during the restraint period; and
(B) is exempt under part 34 or part 35 of title 17, Code
of Federal Regulations (as in effect on January 1, 1998), quali-
fies for the safe harbor contained in the Policy Statement
of the Commission regarding swap agreements published in
the Federal Register on July 21, 1989 (54 Fed. Reg. 30694),
or qualifies for the exclusion set forth in the Statutory
Interpretation of the Commission concerning certain hybrid
instruments published in the Federal Register on April 11,
1990 (55 Fed. Reg. 13582).
(3) For purposes of this section, the term ‘‘restraint period’’
means the period—
(A) beginning on the date of the enactment of this Act;
and
(B) ending on March 30, 1999, or the first date on which
legislation is enacted that authorizes appropriations for the
Commission for a fiscal year after fiscal year 2000, whichever
occurs first.
(b) During the restraint period, the Commission may not pro-
pose or issue any rule or regulation, or issue any interpretation
or policy statement, that restricts or regulates activity in a qualify-
ing hybrid instrument or swap agreement.
(c) Notwithstanding subsection (b), during the restraint period,
the Commission may—
(1) act on a petition for exemptive relief under section
4(c) of the Commodity Exchange Act (7 U.S.C. 6(c));
(2) enter such cease and desist orders and take such
enforcement action, including the imposition of sanctions, as
the Commission considers necessary to enforce any provision
of the Commodity Exchange Act (7 U.S.C. 1 et seq.) or title
17, Code of Federal Regulations, in connection with a qualifying
hybrid instrument or swap agreement, to the extent such provi-
sion is otherwise applicable to that qualifying hybrid
instrument or swap agreement or a transaction involving that
qualifying hybrid instrument or swap agreement;
(3) take such action as the Commission considers appro-
priate with regard to agricultural trade options; and
(4) take such action as the Commission considers appro-
priate to respond to a market emergency.
H. R. 4101—37
(d)(1) The legal status of contracts involving a qualifying hybrid
instrument or swap agreement shall not differ from the legal status
afforded such contracts during the period—
(A) beginning on—
(i) in the case of swap agreements, July 21, 1989,
which was the date on which the Commission adopted
a Policy Statement regarding swap agreements (54 Fed.
Reg. 30694); and
(ii) in the case of hybrid instruments, April 11, 1990,
which was the date that the Statutory Interpretation of
the Commission concerning hybrid instruments was pub-
lished in the Federal Register; and
(B) ending on January 1, 1998.
(2) Neither the comment letter of the Commission submitted
on February 26, 1998, to the Securities and Exchange Commission
regarding the proposal known as ‘‘Broker-Dealer Lite’’, nor the
Concept Release of the Commission regarding over-the-counter
derivatives published in the Federal Register on May 12, 1998
(63 Fed. Reg. 26114), shall alter or affect the legal status of a
qualifying hybrid instrument or swap agreement under the
Commodity Exchange Act (7 U.S.C. 1 et seq.).
(e) Nothing in this section shall be construed as reflecting
or implying a determination that a qualifying hybrid instrument
or swap agreement, or a transaction involving a qualifying hybrid
instrument or swap agreement, is subject to the Commodity
Exchange Act (7 U.S.C. 1 et seq.).
SEC. 761. None of the funds appropriated by this Act or any
other Act or otherwise made available by this Act may be used
to carry out the provisions of section 612 of Public Law 105–
185.
SEC. 762. Section 136 of the Agricultural Market Transition
Act (7 U.S.C. 7236) is amended by striking ‘‘1.25 cents’’ each place
it appears in subsections (a) and (b) and inserting ‘‘3 cents’’.
SEC. 763. In implementing section 1124 of subtitle C of title
XI of this Act, the Secretary of Agriculture shall:
(a) provide $18,000,000 to the states for distribution of emer-
gency aid to individuals with family incomes below the Federal
poverty level who have been adversely affected utilizing Federal
Emergency Management Agency guidelines;
(b) transfer to the Secretary of Commerce for obligation and
expenditure: (1) $15,000,000 for programs pursuant to title IX of
Public Law 91–304, as amended, of which 6 percent may be avail-
able for administrative costs; (2) $5,000,000 for the Trade Adjust-
ment Assistance program as provided by the Trade Act of 1974,
as amended; and (3) $7,000,000 for disaster research and prevention
pursuant to section 402(d) of Public Law 94–265; and
(c) transfer to the Administrator of the Small Business Adminis-
tration for obligation and expenditure, $5,000,000 for the cost of
direct loans authorized by section 7(b) of the Small Business Act,
as amended, for eligible small businesses.
SEC. 764. (a) Section 604 of the Clean Air Act is amended
by adding at the end the following:
‘‘(h) METHYL BROMIDE.—Notwithstanding subsection (d) and
section 604(b), the Administrator shall not terminate production
of methyl bromide prior to January 1, 2005. The Administrator
shall promulgate rules for reductions in, and terminate the produc-
tion, importation, and consumption of, methyl bromide under a
H. R. 4101—38
schedule that is in accordance with, but not more stringent than,
the phaseout schedule of the Montreal Protocol Treaty as in effect
on the date of the enactment of this subsection.’’.
(b) Section 604(d) of the Clean Air Act is amended by adding
at the end the following:
‘‘(5) SANITATION
AND
FOOD
PROTECTION.—To the extent
consistent with the Montreal Protocol’s quarantine and
preshipment provisions, the Administrator shall exempt the
production, importation, and consumption of methyl bromide
to fumigate commodities entering or leaving the United States
or any State (or political subdivision thereof) for purposes of
compliance with Animal and Plant Health Inspection Service
requirements or with any international, Federal, State, or local
sanitation or food protection standard.
‘‘(6) CRITICAL
USES.—To the extent consistent with the
Montreal Protocol, the Administrator and the Secretary of Agri-
culture, after notice and opportunity for public comment, may
exempt the production, importation, and consumption of methyl
bromide for critical uses.’’.
(c) Section 604(e) of the Clean Air Act is amended by adding
at the end the following:
‘‘(3) METHYL BROMIDE.—Notwithstanding the phaseout and
termination of production of methyl bromide pursuant to section
604(h), the Administrator may, consistent with the Montreal
Protocol, authorize the production of limited quantities of
methyl bromide, solely for use in developing countries that
are Parties to the Copenhagen Amendments to the Montreal
Protocol.’’.
TITLE VIII—AGRICULTURAL CREDIT
SEC. 801. Section 373 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008h) is amended by striking subsection
(b) and inserting the following:
‘‘(b) PROHIBITION
OF
LOANS
FOR
BORROWERS
THAT
HAVE
RECEIVED DEBT FORGIVENESS.—
‘‘(1) PROHIBITIONS.—Except as provided in paragraph (2)—
‘‘(A) the Secretary may not make a loan under this
title to a borrower that has received debt forgiveness on
a loan made or guaranteed under this title; and
‘‘(B) the Secretary may not guarantee a loan under
this title to a borrower that has received—
‘‘(i) debt forgiveness after April 4, 1996, on a loan
made or guaranteed under this title; or
‘‘(ii) received debt forgiveness on no more than
three occasions on or before April 4, 1996.
‘‘(2) EXCEPTIONS.—
‘‘(A) IN GENERAL.—The Secretary may make a direct
or guaranteed farm operating loan for paying annual farm
or ranch operating expenses of a borrower who—
(i) was restructured with a write-down under
section 353; or
(ii) is current on payments under a confirmed
reorganization plan under chapter 11, 12, or 13 of
title II, United States Code.
‘‘(B) EMERGENCY LOANS.—The Secretary may make an
emergency loan under section 321 to a borrower that—
H. R. 4101—39
‘‘(i) on or before April 4, 1996, received not more
than one debt forgiveness on a loan made or guaran-
teed under this title; and
‘‘(ii) after April 4, 1996, has not received debt
forgiveness on a loan made or guaranteed under this
title.’’.
SEC. 802. Section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)) is amended—
(1) by striking ‘‘(d) All loans’’ and inserting the following:
‘‘(d) REPAYMENT.—
‘‘(1) IN GENERAL.— All loans’’; and
(2) by adding at the end the following:
‘‘(2) NO BASIS FOR DENIAL OF LOAN.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall not deny a loan under this subtitle to
a borrower by reason of the fact that the borrower lacks
a particular amount of collateral for the loan if the Sec-
retary is reasonably certain that the borrower will be able
to repay the loan.
‘‘(B) REFUSAL TO PLEDGE AVAILABLE COLLATERAL.—The
Secretary may deny or cancel a loan under this subtitle
if a borrower refuses to pledge available collateral on
request by the Secretary.’’.
SEC. 803. (a) Section 508(n) of the Federal Crop Insurance
Act (7 U.S.C. 1508(n)) is amended—
(1) by striking ‘‘If’’ and inserting the following:
‘‘(1) IN
GENERAL.—Except as provided in paragraph
(2), if’’; and
(2) by adding at the end the following:
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to
emergency loans under subtitle C of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961 et seq.).’’.
(b) Section 196(i)(3) of the Agricultural Market Transition Act
(7 U.S.C. 7333(i)(3)) is amended—
(1) by striking ‘‘If’’ and inserting the following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), if’’; and
(2) by adding at the end the following:
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to
emergency loans under subtitle C of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961 et seq.).’’.
SEC. 804. Section 302 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922) is amended by adding at the
end the following:
‘‘(D) NOTICE.—Beginning with fiscal year 2000 not later
than 12 months before a borrower will become ineligible for
direct loans under this subtitle by reason of this paragraph,
the Secretary shall notify the borrower of such impending ineli-
gibility.’’.
SEC. 805. The Consolidated Farm and Rural Development Act
(7 U.S.C. 1921 et seq.) is amended—
(1) in section 302(a)(2) (7 U.S.C. 1922(a)(2)), by inserting
‘‘for direct loans only,’’ before ‘‘have either’’;
(2) in section 311(a)(2) (7 U.S.C. 1941(a)(2)), by inserting
‘‘for direct loans only,’’ before ‘‘have either’’; and
(3) in section 359 (7 U.S.C. 2006a)—
H. R. 4101—41
‘‘(6) NOTICE
OF
RECAPTURE.—Beginning with fiscal year
2000 not later than 12 months before the end of the term
of a shared appreciation arrangement, the Secretary shall notify
the borrower involved of the provisions of the arrangement.’’.
SEC. 808. Section 353(c)(3)(C) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2001(c)(3)(C)) is amended by
striking ‘‘110 percent’’ and inserting ‘‘100 percent’’.
TITLE IX—INDIA-PAKISTAN RELIEF ACT
SEC. 901. SHORT TITLE.—This title may be cited as the ‘‘India-
Pakistan Relief Act of 1998’’.
SEC. 902. WAIVER AUTHORITY. (a) AUTHORITY.—The President
may waive for a period not to exceed 1 year upon enactment
of this Act with respect to India or Pakistan the application of
any sanction or prohibition (or portion thereof) contained in section
101 or 102 of the Arms Export Control Act, section 620E(e) of
the Foreign Assistance Act of 1961, or section 2(b)(4) of the Export
Import Bank Act of 1945.
(b) EXCEPTION.—The authority provided in subsection (a) shall
not apply to any restriction in section 102(b)(2)(B), (C), or (G)
of the Arms Export Control Act.
(c) AVAILABILITY OF AMOUNTS.—Amounts made available by
this section are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided,
That such amounts shall be available only to the extent that an
official budget request that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
SEC. 903. CONSULTATION.—Prior to each exercise of the author-
ity provided in section 902, the President shall consult with the
appropriate congressional committees.
SEC. 904. REPORTING REQUIREMENT.—Not later than 30 days
prior to the expiration of a 1-year period described in section 902,
the Secretary of State shall submit a report to the appropriate
congressional committees on economic and national security
developments in India and Pakistan.
SEC. 
905. 
APPROPRIATE
CONGRESSIONAL
COMMITTEES
DEFINED.—In this title, the term ‘‘appropriate congressional
committees’’ means the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House
of Representatives and the Committees on Appropriations of the
House of Representatives and the Senate.
TITLE X—UNDER SECRETARY OF AGRICULTURE FOR
MARKETING AND REGULATORY PROGRAMS
SEC. 1001. IN GENERAL.—Title II of the Federal Crop Insurance
Reform and Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6901 et seq.) is amended—
(1) in section 218(a)—
(A) in paragraph (1) by adding ‘‘and’’ at the end;
(B) in paragraph (2) by striking ‘‘; and’’ and inserting
a period; and
(C) by striking paragraph (3);
(2) by redesignating subtitle I as subtitle J; and
H. R. 4101—42
(3) by inserting after subtitle H the following:
‘‘Subtitle I—Marketing and Regulatory
Programs
‘‘SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND
REGULATORY PROGRAMS.
‘‘(a) AUTHORIZATION.—The Secretary is authorized to establish
in the Department the position of Under Secretary of Agriculture
for Marketing and Regulatory Programs.
‘‘(b) CONFIRMATION REQUIRED.—If the Secretary establishes the
position of Under Secretary of Agriculture for Marketing and Regu-
latory Programs authorized under subsection (a), the Under Sec-
retary shall be appointed by the President, by and with the advice
and consent of the Senate.
‘‘(c) FUNCTIONS OF UNDER SECRETARY.—
‘‘(1) PRINCIPAL
FUNCTIONS.—Upon establishment, the
Secretary shall delegate to the Under Secretary of Agriculture
for Marketing and Regulatory Programs those functions and
duties under the jurisdiction of the Department that are related
to agricultural marketing, animal and plant health inspection,
grain inspection, and packers and stockyards.
‘‘(2) ADDITIONAL
FUNCTIONS.—The Under Secretary of
Agriculture for Marketing and Regulatory Programs shall per-
form such other functions and duties as may be required by
law or prescribed by the Secretary.
‘‘(d) SUCCESSION.—Any official who is serving as Assistant
Secretary of Agriculture for Marketing and Regulatory Programs
on the date of the enactment of this section and who was appointed
by the President, by and with the advice and consent of the Senate,
shall not be required to be reappointed under subsection (b) to
the successor position authorized under subsection (a) if the Sec-
retary establishes the position, and the official occupies the new
position, within 180 days after the date of the enactment of this
section (or such later date set by the Secretary if litigation delays
rapid succession).
‘‘(e) EXECUTIVE SCHEDULE.—Section 5314 of title 5, United
States Code, is amended by inserting after the item relating to
the Under Secretary of Agriculture for Food Safety (as added by
section 261(c)) the following:
‘Under Secretary of Agriculture for Marketing and Regulatory
Programs.’.’’; and
(4) in section 296(b)—
(A) in paragraph (2), by striking ‘‘or’’;
(B) in paragraph (3), by striking the period and
inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(4) the authority of the Secretary to establish in the
Department the position of Under Secretary of Agriculture
for Marketing and Regulatory Programs under section 285.’’.
SEC. 1002. PAY INCREASE PROHIBITED.—The compensation of
any officer or employee of the Department of Agriculture on the
date of the enactment of this Act shall not be increased as a
result of the enactment of this Act.
SEC. 1003. CONFORMING AMENDMENT.—Section 5315 of title
5, United States Code, is amended by striking ‘‘Assistant Secretaries
H. R. 4101—43
of Agriculture (3).’’ and inserting ‘‘Assistant Secretaries of Agri-
culture (2).’’.
TITLE XI—EMERGENCY AND MARKET LOSS ASSISTANCE
SUBTITLE A—EMERGENCY ASSISTANCE FOR CROP AND LIVESTOCK
FEED LOSSES DUE TO DISASTERS
SEC. 1101. GENERAL PROVISIONS. (a) FAIR AND EQUITABLE DIS-
TRIBUTION.—Assistance made available under this subtitle shall
be distributed in a fair and equitable manner to producers who
have incurred crop and livestock feed losses in all affected
geographic regions of the United States.
(b) PROGRAM ADMINISTRATION.—In carrying out this subtitle,
the Secretary of Agriculture (referred to in this title as the ‘‘Sec-
retary’’) may determine—
(1) one or more loss thresholds producers on a farm must
incur with respect to a crop to be eligible for assistance;
(2) the payment rate for crop and livestock feed losses
incurred; and
(3) eligibility and payment limitation criteria (as defined
by the Secretary) for persons to receive assistance under this
subtitle, which, in the case of assistance received under any
section of this subtitle, shall be in addition to—
(A) assistance made available under any other section
of this subtitle and subtitle B;
(B) payments or loans received by a person under
the Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.);
(C) payments received by a person for the 1998 crop
under the noninsured crop assistance program established
under section 196 of that Act (7 U.S.C. 7333);
(D) crop insurance indemnities provided for the 1998
crop under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.); and
(E) emergency loans made available for the 1998 crop
under subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961 et seq.).
SEC. 1102. CROP LOSS ASSISTANCE. (a) IN GENERAL.—The Sec-
retary shall administer a program under which emergency financial
assistance is made available to producers on a farm who have
incurred losses associated with crops due to disasters (as determined
by the Secretary).
(b) LOSSES INCURRED FOR 1998 CROP.—Subject to section 1132,
the Secretary shall use not more than $1,500,000,000 to make
available assistance to producers on a farm who have incurred
losses in the 1998 crop due to disasters.
(c) MULTI-YEAR LOSSES.—Subject to section 1132, the Secretary
shall use not more than $675,000,000 to make available assistance
to producers on a farm who have incurred multi-year losses (as
defined by the Secretary) in the 1998 crop and preceding crops
of a commodity due to disasters (including, but not limited to,
diseases such as scab).
(d) RELATIONSHIP BETWEEN ASSISTANCE.—The Secretary shall
make assistance available to producers on a farm under subsection
(b) or (c).
H. R. 4101—44
(e) QUALIFYING LOSSES.—Assistance under this section may
be made for losses associated with crops that are due to, as deter-
mined by the Secretary—
(1) quantity losses;
(2) quality (including, but not limited to, aflatoxin)
losses; or
(3) severe economic losses due to damaging weather or
related conditions.
(f ) CROPS COVERED.—Assistance under this section shall be
applicable to losses for all crops, as determined by the Secretary,
due to disasters.
(g) CROP INSURANCE.—
(1) ADMINISTRATION.—In carrying out this section, the
Secretary shall not discriminate against or penalize producers
on a farm who have purchased crop insurance under the Fed-
eral Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) ENCOURAGING
FUTURE
CROP
INSURANCE
PARTICIPA-
TION.—Subject to section 1132, the Secretary, acting through
the Federal Crop Insurance Corporation, may use the funds
made available under subsections (b) and (c), and only those
funds, to provide premium refunds or other assistance to pur-
chasers of crop insurance for their 1998 insured crops, or their
preceding (including 1998) insured crops.
(3) PRODUCERS WHO HAVE NOT PURCHASED CROP INSURANCE
FOR 1998 CROP.—As a condition of receiving assistance under
this section, producers on a farm who have not purchased
crop insurance for the 1998 crop under that Act shall agree
by contract to purchase crop insurance for the subsequent two
crops produced by the producers.
(4) LIQUIDATED DAMAGES.—
(A) IN GENERAL.—The contract under paragraph (3)
shall provide for liquidated damages to be paid by the
producers due to the failure of the producers to purchase
crop insurance as provided in paragraph (3).
(B) NOTICE OF DAMAGES.—The amount of the liquidated
damages shall be established by the Secretary and specified
in the contract agreed to by the producers.
(5) FUNDING
FOR
CROP
INSURANCE
PURCHASE
REQUIRE-
MENT.—Subject to section 1132, such sums as may be necessary,
to remain available until expended, shall be available to the
Federal Crop Insurance Corporation to cover costs incurred
by the Corporation as a result of the crop insurance purchase
requirement of paragraph (3). Funds made available under
subsections (b) and (c) may not be used to cover such costs.
SEC. 1103. EMERGENCY LIVESTOCK FEED ASSISTANCE.—Subject
to section 1132, the Secretary shall use not more than $175,000,000
to make available livestock feed assistance to livestock producers
affected by disasters during calendar year 1998.
SUBTITLE B—MARKET LOSS ASSISTANCE
SEC. 1111. MARKET LOSS ASSISTANCE. (a) IN GENERAL.—Subject
to section 1132, the Secretary shall use $1,650,000,000 for assist-
ance to owners and producers on a farm who are eligible for final
payments for fiscal year 1998 under a production flexibility contract
for the farm under the Agricultural Market Transition Act (7 U.S.C.
H. R. 4101—45
7201 et seq.) to partially compensate the owners and producers
for the loss of markets for the 1998 crop of a commodity.
(b) AMOUNT.—The amount of assistance made available to own-
ers and producers on a farm under this section shall be proportional
to the amount of the contract payment received by the owners
and producers for fiscal year 1998 under a production flexibility
contract for the farm under the Agricultural Market Transition
Act.
(c) TIME FOR PAYMENT.—The assistance made available under
this section for an eligible owner or producer shall be made as
soon as practicable after the date of the enactment of this Act.
SUBTITLE C—OTHER ASSISTANCE
SEC. 1121. INDEMNITY PAYMENTS FOR COTTON PRODUCERS. (a)
FEDERAL CONTRIBUTION.—Subject to subsection (b), the Secretary
of Agriculture shall pay $5,000,000 to the State of Georgia to
help fund an indemnity fund, to be established and managed by
that State, to compensate cotton producers in that State for losses
incurred in 1998 or 1999 from the loss of properly stored, harvested
cotton as the result of the bankruptcy of a warehouseman or other
party in possession of warehouse receipts evidencing title to the
commodity, an improper conversion or transfer of the cotton, or
such other potential hazards as determined appropriate by the
State.
(b) CONDITIONS ON PAYMENT TO STATE.—The Secretary of Agri-
culture shall make the payment to the State of Georgia under
subsection (a) only if the State also contributes $5,000,000 to the
indemnity fund and agrees to expend all amounts in the indemnity
fund by not later than January 1, 2000, to provide compensation
to cotton producers as provided in such subsection. If the State
of Georgia fails to make its contribution of $5,000,000 to the indem-
nity fund by July 1, 1999, the funds that would otherwise be
paid to the State shall be available to the Secretary for the purpose
of providing partial compensation to cotton producers as provided
in such subsection.
(c) REPORTING REQUIREMENTS.—Upon the establishment of the
indemnity fund, and not later than October 1, 1999, the State
of Georgia shall submit a report to the Secretary of Agriculture
and the Congress describing the State’s efforts to use the indemnity
fund to provide compensation to injured cotton producers.
SEC. 1122. HONEY RECOURSE LOANS. (a) IN GENERAL.—In order
to assist producers of honey to market their honey in an orderly
manner during a period of disastrously low prices, the Secretary
shall make available recourse loans to producers of the 1998 crop
of honey on fair and reasonable terms and conditions, as determined
by the Secretary.
(b) LOAN RATE.—The loan rate of the loans shall be 85 percent
of the average price of honey during the five-crop year period
preceding the 1998 crop year, excluding the crop year in which
the average price of honey was the highest and the crop year
in which the average price of honey was the lowest in the period.
(c) NO NET COST BASIS.—Repayment of a loan under this
section shall include repayment for interest and administrative
costs as necessary to operate the program established under this
section on a no net cost basis.
H. R. 4101—46
SEC. 1123. NONINSURED CROP ASSISTANCE TO RAISIN PRODUC-
ERS.—Notwithstanding any of the provisions of section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) that would exclude the following producers from benefits
thereunder, the Secretary shall make Noninsured Crop Assistance
Program payments in fiscal year 1999 to raisin producers who
obtained catastrophic risk protection but because of adverse weather
conditions were not able to comply with the policy deadlines for
laying the raisins in trays.
SEC. 1124. EMERGENCY ASSISTANCE.—In addition to amounts
appropriated or otherwise made available by this Act, $50,000,000
is appropriated to the Department of Agriculture, to remain avail-
able until expended, to provide emergency disaster assistance to
persons or entities who have incurred losses from a failure under
section 312(a) of Public Law 94–265.
SEC. 1125. FOOD FOR PROGRESS.—The Food for Progress Act
of 1985 (7 U.S.C. 1736o) is amended—
(1) in subsection (f )(3), by inserting after ‘‘$30,000,000’’
the following: ‘‘(or, in the case of fiscal year 1999, $35,000,000)’’;
(2) in subsection (l)(1), by inserting after ‘‘$10,000,000’’
the following: ‘‘(or, in the case of fiscal year 1999, $12,000,000)’’;
(3) by redesignating subsection (n) as subsection (o); and
(4) by inserting after subsection (m) the following:
‘‘(n) During fiscal year 1999, to the maximum extent practicable,
the Secretary shall utilize Private Voluntary Organizations to carry
out this section.’’.
SEC. 1126. TEMPORARY EXPANSION OF RECOURSE LOAN AUTHOR-
ITY.—Section 137 of the Agricultural Market Transition Act (7
U.S.C. 7237) is amended—
(1) in the section heading, by inserting ‘‘AND
OTHER
FIBERS’’ before the period at the end;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
‘‘(c) RECOURSE LOANS AVAILABLE FOR MOHAIR.—
‘‘(1) RECOURSE
LOANS
AVAILABLE.—Notwithstanding any
other provision of law, during fiscal year 1999, the Secretary
shall make available recourse loans, as determined by the
Secretary, to producers of mohair produced during or before
that fiscal year.
‘‘(2) LOAN RATE.—The loan rate for a loan under paragraph
(1) shall be equal to $2.00 per pound.
‘‘(3) TERM
OF
LOAN.—A loan under paragraph (1) shall
have a term of 1 year beginning on the first day of the first
month after the month in which the loan is made.
‘‘(4) WAIVER OF INTEREST.—Notwithstanding subsection (d),
the Secretary shall not charge interest on a loan made under
paragraph (1).’’.
SUBTITLE D—ADMINISTRATION
SEC. 1131. COMMODITY CREDIT CORPORATION.—Subject to sec-
tion 1132, the Secretary shall use the funds, facilities, and authori-
ties of the Commodity Credit Corporation to carry out subtitles
A, B, and C.
SEC. 1132. EMERGENCY REQUIREMENT.—Notwithstanding the
last sentence of section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, amounts made
H. R. 4101—47
available by subtitles A, B, and C of this title are designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided, That such amounts shall be
available only to the extent that an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to Congress.
SEC. 1133. REGULATIONS. (a) ISSUANCE OF REGULATIONS.—As
soon as practicable after the date of the enactment of this Act,
the Secretary and the Commodity Credit Corporation, as appro-
priate, shall issue such regulations as are necessary to implement
subtitles A, B, and C. The issuance of the regulations shall be
made without regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(b) CONGRESSIONAL
REVIEW
OF
AGENCY
RULEMAKING.—In
carrying out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
TITLE XII—BIODIESEL
SEC. 1201. BIODIESEL FUEL USE CREDITS. (a) AMENDMENT.—
Title III of the Energy Policy Act of 1992 (42 U.S.C. 13211–13219)
is amended by adding at the end the following new section:
‘‘SEC. 312. BIODIESEL FUEL USE CREDITS.
‘‘(a) ALLOCATION OF CREDITS.—
‘‘(1) IN GENERAL.—The Secretary shall allocate one credit
under this section to a fleet or covered person for each qualify-
ing volume of the biodiesel component of fuel containing at
least 20 percent biodiesel by volume purchased after the date
of the enactment of this section for use by the fleet or covered
person in vehicles owned or operated by the fleet or covered
person that weigh more than 8,500 pounds gross vehicle weight
rating.
‘‘(2) EXCEPTIONS.—No credits shall be allocated under
paragraph (1) for a purchase of biodiesel—
‘‘(A) for use in alternative fueled vehicles; or
‘‘(B) that is required by Federal or State law.
‘‘(3) AUTHORITY TO MODIFY PERCENTAGE.—The Secretary
may, by rule, lower the 20 percent biodiesel volume requirement
in paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
‘‘(4) DOCUMENTATION.—A fleet or covered person seeking
a credit under this section shall provide written documentation
to the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
‘‘(b) USE OF CREDITS.—
‘‘(1) IN
GENERAL.—At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
H. R. 4101—48
shall, for the year in which the purchase of a qualifying volume
is made, treat that purchase as the acquisition of one alter-
native fueled vehicle the fleet or covered person is required
to acquire under this title, title IV, or title V.
‘‘(2) LIMITATION.—Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the alter-
native fueled vehicle requirements of a fleet or covered person
under this title, title IV, and title V. This paragraph shall
not apply to a fleet or covered person that is a biodiesel alter-
native fuel provider described in section 501(a)(2)(A).
‘‘(c) CREDIT CONSIDERED NOT A SECTION 508 CREDIT.—A credit
under this section shall not be considered a credit under section
508.
‘‘(d) ISSUANCE OF RULE.—The Secretary shall, before January
1, 1999, issue a rule establishing procedures for the implementation
of this section.
‘‘(e) COLLECTION OF DATA.—The Secretary shall collect such
data as are required to make a determination described in sub-
section (f )(2)(B).
‘‘(f ) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘biodiesel’ means a diesel fuel substitute pro-
duced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives estab-
lished by the Environmental Protection Agency under section
211 of the Clean Air Act; and
‘‘(2) the term ‘qualifying volume’ means—
‘‘(A) 450 gallons; or
‘‘(B) if the Secretary determines by rule that the aver-
age annual alternative fuel use in light duty vehicles by
fleets and covered persons exceeds 450 gallons or gallon
equivalents, the amount of such average annual alternative
fuel use.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents
of the Energy Policy Act of 1992 is amended by adding at the
end of the items relating to title III the following new item:
‘‘Sec. 312. Biodiesel fuel use credits.’’.
TITLE XIII—EMERGENCY APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$40,000,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional gross obligation for the principal amount
of direct and guaranteed farm operating loans as authorized by
7 U.S.C. 1928–1929, to be available from funds in the Agricultural
Credit Insurance Fund, $540,510,000, of which $150,000,000 shall
H. R. 4101—49
be for unsubsidized guaranteed loans and $156,704,000 shall be
for subsidized guaranteed loans.
For the additional cost of direct and guaranteed farm operating
loans, including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974, farm operating
loans, $31,405,000, of which $15,969,000 shall be for direct loans,
$13,696,000 for guaranteed subsidized loans, and $1,740,000 for
unsubsidized guaranteed loans: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
NATURAL RESOURCES CONSERVATION SERVICE
FORESTRY INCENTIVES PROGRAM
For an additional amount to carry out the program of forestry
incentives, as authorized by the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2101), including technical assistance and
related expenses, $10,000,000, to remain available until expended,
as authorized by that Act: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended: Provided further, That such
amount shall be available only to the extent that an official budget
request that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmit-
ted by the President to the Congress.
This Act may be cited as the ‘‘Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 1999’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.