114
HR 4101 EAS
(1) The President’s budget submission includes
unauthorized user fees.
(2) It is unlikely these fees will be authorized in
the immediate future.
(3) The assumption of revenue from unauthor-
ized user fees results in a shortfall of funds available
for programs under the jurisdiction of the Agri-
culture, Rural Development, Food and Drug Admin-
istration, and Related Agencies Subcommittee.
(4) That among the programs for which addi-
tional funds can be justified are—
(A) human nutrition research;
(B) the Food Safety Initiative activities of
the United States Department of Agriculture and
the Food and Drug Administration;
(C) the Wetlands Reserve Program;
(D) the conservation Farm Option Pro-
gram;
(E) the Farmland Protection Program;
(F) the Inspector General’s Law Enforce-
ment Initiative;
(G) the Food and Drug Administration pre-
notification certification;
(H) the Food and Drug Administration
clinical pharmacology;
115
HR 4101 EAS
(I) the Food and Drug Administration Of-
fice of Cosmetics and Color;
(J) the Rural Electric loan programs;
(K) the Pesticide Data Program;
(L) the Rural Community Advancement
Program;
(M) civil rights activities; and
(N) the Fund for Rural America.
(b) SENSE OF SENATE.—Therefore, it is the sense of
the Senate that in the event an additional allocation be-
comes available, the before mentioned programs should be
considered for funding.
SEC. 767. OFFICE OF THE SMALL FARMS ADVOCATE.
(a) DEFINITION OF SMALL FARM.—In this section, the term
‘‘small farm’’ has the meaning given the term in section
506 of the Rural Development Act of 1972 (7 U.S.C. 2666).
(b) ESTABLISHMENT.—Not later than 180 days after
the date of enactment of this Act, the Secretary of Agri-
culture shall establish and maintain in the Department of
Agriculture an Office of the Small Farms Advocate.
(c) FUNCTIONS.—The Office of the Small Farms Advo-
cate shall—
(1) cooperate with, and monitor, agencies and of-
fices of the Department to ensure that the Department
is meeting the needs of small farms;
116
HR 4101 EAS
(2) provide input to agencies and offices of the
Department on program and policy decisions to en-
sure that the interests of small farms are represented;
and
(3) develop and implement a plan to coordinate
the effective delivery of services of the Department to
small farms.
(d) ADMINISTRATOR.—
(1) APPOINTMENT.—The Office of the Small
Farms Advocate shall be headed by an Administrator,
who shall be appointed by the President, with the ad-
vice and consent of the Senate. Nothing in this Act
shall be construed to authorize a net increase in the
number of political appointees within the Department
of Agriculture.
(2) DUTIES.—The Administrator shall—
(A) act as an advocate for small farms in
connection with policies and programs of the De-
partment; and
(B) carry out the functions of the Office of
the Small Farms Advocate under subsection (b).
(3) EXECUTIVE
SCHEDULE.—Section 5315 of
title 5, United States Code, is amended by adding at
the end the following:
117
HR 4101 EAS
‘‘Administrator, Office of the Small Farms Advo-
cate, Department of Agriculture.’’.
(e) RESOURCES.—Using funds that are otherwise
available to the Department of Agriculture, the Secretary
shall provide the Office of the Small Farms Advocate with
such human and capital resources as are sufficient for the
Office to carry out its functions in a timely and efficient
manner.
(f) ANNUAL REPORT.—The Secretary shall annually
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate an annual report that de-
scribes actions taken by the Office of the Small Farms Advo-
cate to further the interests of small farms.
SEC. 768. LIMIT ON PENALTY FOR INADVERTENT VIO-
LATION OF CONTRACT UNDER THE AGRICULTURAL MAR-
KET TRANSITION ACT. If an owner or producer, in good
faith, inadvertently plants edible beans during the 1998
crop year on acreage covered by a contract under the Agri-
cultural Market Transition Act (7 U.S.C. 7201 et seq.), the
Secretary of Agriculture shall minimize penalties imposed
for the planting to prevent economic injury to the owner
or producer.
SEC. 769. The Secretary of Agriculture shall present
to Congress by March 1, 1999 a report on whether to rec-
118
HR 4101 EAS
ommend lifting the ban on the interstate-distribution of
State inspected meat.
SEC. 770. PROHIBITION ON LOAN GUARANTEES TO
BORROWERS THAT HAVE RECEIVED DEBT FORGIVENESS.
Section 373 of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 2008h) is amended by striking sub-
section (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 re-
ceived—
‘‘(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 3 occasions on or before April 4,
1996.
‘‘(2) EXCEPTIONS.—
119
HR 4101 EAS
‘‘(A) IN
GENERAL.—The Secretary may
make a direct or guaranteed farm operating loan
for paying annual farm or ranch operating ex-
penses of a borrower that was restructured with
a write-down under section 353.
‘‘(B) EMERGENCY
LOANS.—The Secretary
may make an emergency loan under section 321
to a borrower that—
‘‘(i) on or before April 4, 1996, re-
ceived not more than 1 debt forgiveness on
a loan made or guaranteed under this title;
and
‘‘(ii) after April 4, 1996, has not re-
ceived debt forgiveness on a loan made or
guaranteed under this title.’’.
SEC. 771. DEFINITION OF FAMILY FARM. (a) REAL
ESTATE LOANS.—Section 302 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1922) is amended
by adding at the end the following:
‘‘(c) DETERMINATION OF QUALIFICATION FOR LOAN.—
‘‘(1) PRIMARY FACTOR.—The primary factor to
be considered in determining whether an applicant
for a loan under this subtitle is engaged primarily
and directly in farming or ranching shall be whether
the applicant is participating in routine, ongoing
120
HR 4101 EAS
farm activities and in overall decisionmaking with
regard to the farm or ranch.
‘‘(2) NO BASIS FOR DENIAL OF LOAN.—The Sec-
retary may not deny a loan under this subtitle solely
because 2 or more individuals are employed full-time
in the farming operation for which the loan is
sought.’’.
(b) OPERATING LOANS.—Section 311 of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1941)
is amended by adding at the end the following:
‘‘(d) 
DETERMINATION
OF
QUALIFICATION
FOR
LOAN.—
‘‘(1) PRIMARY FACTOR.—The primary factor to
be considered in determining whether an applicant
for a loan under this subtitle is engaged primarily
and directly in farming or ranching shall be whether
the applicant is participating in routine, ongoing
farm activities and in overall decisionmaking with
regard to the farm or ranch.
‘‘(2) NO BASIS FOR DENIAL OF LOAN.—The Sec-
retary may not deny a loan under this subtitle solely
because 2 or more individuals are employed full-time
in the farming operation for which the loan is
sought.’’.
121
HR 4101 EAS
(c) EMERGENCY LOANS.—Section 321 of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1961)
is amended by adding at the end the following:
‘‘(e) DETERMINATION OF QUALIFICATION FOR LOAN.—
‘‘(1) PRIMARY FACTOR.—The primary factor to
be considered in determining whether an applicant
for a loan under this subtitle is engaged primarily
and directly in farming or ranching shall be whether
the applicant is participating in routine, ongoing
farm activities and in overall decisionmaking with
regard to the farm or ranch.
‘‘(2) NO BASIS FOR DENIAL OF LOAN.—The Sec-
retary may not deny a loan under this subtitle solely
because 2 or more individuals are employed full-time
in the farming operation for which the loan is
sought.’’.
(d) EFFECTIVE DATE.—This section shall be consid-
ered to have been in effect as of January 1, 1977.
SEC. 772. APPLICABILITY OF DISASTER LOAN COLLAT-
ERAL REQUIREMENTS UNDER THE SMALL BUSINESS ACT.
Section 324(d) of the Consolidated Farm and Rural Devel-
opment Act (7 U.S.C. 1964(d)) is amended—
(1) by striking ‘‘(d) All loans’’ and inserting the
following:
‘‘(d) REPAYMENT.—
122
HR 4101 EAS
‘‘(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 subpara-
graph (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 Secretary is rea-
sonably certain that the borrower will be able to
repay the loan.
‘‘(B) REFUSAL TO PLEDGE AVAILABLE COL-
LATERAL.—The Secretary may deny or cancel a
loan under this subtitle if a borrower refuses to
pledge available collateral on request by the Sec-
retary.’’.
SEC. 773. NOTIFICATION OF RECALLS OF DRUGS AND
DEVICES. (a) MATTHEW’S LAW.—This section shall be re-
ferred to as ‘‘Matthew’s Law’’.
(b) DRUGS.—Section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355) is amended by adding
at the end the following:
‘‘(o)(1) If the Secretary withdraws an application for
a drug under paragraph (1) or (2) of the first sentence of
subsection (e) and a class I recall for the drug results, the
Secretary shall take such action as the Secretary may deter-
123
HR 4101 EAS
mine to be appropriate to ensure timely notification of the
recall to individuals that received the drug, including using
the assistance of health professionals that prescribed or dis-
pensed the drug to such individuals.
‘‘(2) In this subsection:
‘‘(A) The term ‘Class I’ refers to the correspond-
ing designation given recalls in subpart A of part 7
of title 21, Code of Federal Regulations, or a successor
regulation.
‘‘(B) The term ‘recall’ means a recall, as defined
in subpart A of part 7 of title 21, Code of Federal
Regulations, or a successor regulation, of a drug.’’.
(c) DEVICES.—Section 518(e) of such Act (21 U.S.C.
360h(e)) is amended—
(1) in the last sentence of paragraph (2), by in-
serting ‘‘or if the recall is a class I recall,’’ after ‘‘can-
not be identified’’; and
(2) by adding at the end the following:
‘‘(4) In this subsection, the term ‘Class I’ refers to the
corresponding designation given recalls in subpart A of
part 7 of title 21, Code of Federal Regulations, or a succes-
sor regulation.’’.
(d) CONFORMING AMENDMENT.—Section 705(b) of
such Act (21 U.S.C. 375(b)) is amended—
124
HR 4101 EAS
(1) by striking ‘‘or gross’’ and inserting ‘‘gross’’;
and
(2) by striking the period and inserting ‘‘, or a
class I recall of a drug or device as described in sec-
tion 505(o)(1) or 518(e)(2).’’.
(e) EFFECTIVE DATE.—This section shall take effect
one day after the date of enactment of this Act.
TITLE VIII—AGRICULTURAL CREDIT
RESTORATION ACT
SEC. 801. SHORT TITLE. This title may be cited as
the ‘‘Agricultural Credit Restoration Act’’.
SEC. 802. AMENDMENTS TO THE CONSOLIDATED FARM
AND RURAL DEVELOPMENT ACT. (a) Section 343(a)(12)(B)
of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)(12)(B)) is amended to read as follows:
‘‘(B) EXCEPTIONS.—The term ‘debt forgiveness’
does not include—
‘‘(i) consolidation, rescheduling, reamortiza-
tion, or deferral of a loan;
‘‘(ii) 1 debt forgiveness in the form of a re-
structuring, write-down, or net recovery buy-out,
which occurred prior to date of enactment and
was due to a financial problem of the borrower
relating to a natural disaster or a medical con-
dition of the borrower or of a member of the im-
125
HR 4101 EAS
mediate family of the borrower (or, in the case
of a borrower that is an entity, a principal
owner of the borrower or a member of the imme-
diate family of such an owner); and
‘‘(iii) any restructuring, write-down, or net
recovery buy-out provided as a part of a resolu-
tion of a discrimination complaint against the
Secretary.’’.
(b) Section 355(c)(2) of such Act (7 U.S.C. 2003(c)(2))
is amended to read as follows:
‘‘(2) RESERVATION AND ALLOCATION.—
‘‘(A) IN GENERAL.—The Secretary shall, to
the greatest extent practicable, reserve and allo-
cate the proportion of each State’s loan funds
made available under subtitle B that is equal to
that State’s target participation rate for use by
the socially disadvantaged farmers or ranchers
in that State. The Secretary shall, to the extent
practicable, distribute the total so derived on a
county by county basis according to the number
of socially disadvantaged farmers or ranchers in
the county.
‘‘(B) REALLOCATION OF UNUSED FUNDS.—
The Secretary may pool any funds reserved and
allocated under this paragraph with respect to a
126
HR 4101 EAS
State that are not used as described in subpara-
graph (A) in a State in the first 10 months of
a fiscal year with the funds similarly not so used
in other States, and may reallocate such pooled
funds in the discretion of the Secretary for use
by socially disadvantaged farmers and ranchers
in other States.’’.
(c) Section 373(b)(1) of such Act (7 U.S.C.
2008h(b)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—Except as provided in this
paragraph and in paragraph (2), the Secretary may
not make or guarantee a loan under subtitle A or B
to a borrower who received debt forgiveness on a loan
made or guaranteed under this title unless such for-
giveness occurred prior to April 4, 1996.’’.
SEC. 803. REGULATIONS. Not later than 90 days after
the date of the enactment of this Act, the Secretary of Agri-
culture shall promulgate regulations necessary to carry out
the amendments made by this Act, without regard to—
(1) the notice and comment provisions of section
553 of title 5, United States Code; and
(2) the statement of policy of the Secretary of
Agriculture relating to notices of proposed rulemaking
and public participation in rulemaking that became
effective on July 24, 1971 (36 Fed. Reg. 13804).
127
HR 4101 EAS
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 one year
upon enactment of this Act with respect to India or Paki-
stan the application of any sanction or prohibition (or por-
tion thereof) contained in section 101 or 102 of the Arms
Export Control Act, section 620E(e) of the Foreign Assist-
ance 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.
128
HR 4101 EAS
SEC. 903. CONSULTATION. Prior to each exercise of the
authority provided in section 902, the President shall con-
sult with the appropriate congressional committees.
SEC. 904. REPORTING REQUIREMENT. Not later than
30 days prior to the expiration of a one-year period de-
scribed in section 902, the Secretary of State shall submit
a report to the appropriate congressional committees on eco-
nomic and national security developments in India and
Pakistan.
SEC. 905. APPROPRIATE CONGRESSIONAL COMMIT-
TEES DEFINED. In this title, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Foreign Rela-
tions of the Senate and the Committee on International Re-
lations of the House of Representatives and the Committees
on Appropriations of the House of Representatives and the
Senate.
TITLE X—MEAT LABELING
SEC. 1001. DEFINITIONS. Section 1 of the Federal Meat
Inspection Act (21 U.S.C. 601) is amended by adding at
the end the following:
‘‘(w) BEEF.—The term ‘beef’’ means meat pro-
duced from cattle (including veal).
‘‘(x) LAMB.—The term ‘lamb’ means meat, other
than mutton, produced from sheep.
129
HR 4101 EAS
‘‘(y) BEEF BLENDED WITH IMPORTED MEAT.—
The term ‘beef blended with imported meat’ means
ground beef, or beef in another meat food product that
contains United States beef and any imported meat.
‘‘(z) LAMB BLENDED WITH IMPORTED MEAT.—
The term ‘lamb blended with imported meat’ means
ground meat, or lamb in another meat food product,
that contains United States lamb and any imported
meat.
‘‘(aa) IMPORTED
BEEF.—The term ‘imported
beef’ means any beef, including any fresh muscle cuts,
ground meat, trimmings, and beef in another meat
food product, that is not United States beef, whether
or not the beef is graded with a quality grade issued
by the Secretary.
‘‘(bb) IMPORTED
LAMB.—The term ‘imported
lamb’ means any lamb, including any fresh muscle
cuts, ground meat, trimmings, and lamb in another
meat food product, that is not United States lamb,
whether or not the lamb is graded with a quality
grade issued by the Secretary.
‘‘(cc) UNITED STATES BEEF.—
‘‘(1) IN GENERAL.—The term ‘United States
beef’ means beef produced from cattle slaughtered
in the United States.
130
HR 4101 EAS
‘‘(2) 
EXCLUSIONS.—The 
term 
‘United
States beef’ does not include—
‘‘(A) beef produced from cattle im-
ported into the United States in sealed
trucks for slaughter;
‘‘(B) beef produced from imported car-
casses;
‘‘(C) imported beef trimmings; or
‘‘(D) imported boxed beef.
‘‘(dd) UNITED STATES LAMB.—
‘‘(1) IN GENERAL.—The term ‘United States
lamb’ means lamb, except mutton, produced from
sheep slaughtered in the United States.
‘‘(2) 
EXCLUSIONS.—The 
term 
‘United
States lamb’ does not include—
‘‘(A) lamb produced from sheep im-
ported into the United States in sealed
trucks for slaughter;
‘‘(B) lamb produced from an imported
carcass;
‘‘(C) imported lamb trimmings; or
‘‘(D) imported boxed lamb.’’.
SEC. 1002. LABELING OF IMPORTED MEAT AND MEAT
FOOD PRODUCTS. (a) LABELING REQUIREMENT.—