H. R. 4101
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies programs for the fiscal year ending September
30, 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies programs
for the fiscal year ending September 30, 1999, and for other pur-
poses, namely:
TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING, AND MARKETING
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5
U.S.C. 3109, $2,836,000: Provided, That not to exceed $11,000 of
this amount, along with any unobligated balances of representation
funds in the Foreign Agricultural Service, shall be available for
official reception and representation expenses, not otherwise pro-
vided for, as determined by the Secretary: Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to pay the salaries and expenses of personnel
of the Department of Agriculture to carry out section 793(c)(1)(C)
of Public Law 104–127: Provided further, That none of the funds
made available by this Act may be used to enforce section 793(d)
of Public Law 104–127.
EXECUTIVE OPERATIONS
CHIEF ECONOMIST
For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis, and the
functions of the World Agricultural Outlook Board, as authorized
by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and
including employment pursuant to the second sentence of section
H. R. 4101—2
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $5,000 is for employment under 5 U.S.C. 3109, $5,620,000.
NATIONAL APPEALS DIVISION
For necessary expenses of the National Appeals Division,
including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $25,000 is for employment under 5 U.S.C. 3109,
$11,718,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $5,000 is for employment under 5 U.S.C.
3109, $6,120,000.
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 is for employment under 5 U.S.C.
3109, $5,551,000.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 is for employment under 5 U.S.C.
3109, $4,283,000: Provided, That the Chief Financial Officer shall
actively market cross-servicing activities of the National Finance
Center.
OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Administration to carry out the programs funded
by this Act, $613,000.
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 486, for programs
and activities of the Department which are included in this Act,
and for the operation, maintenance, and repair of Agriculture build-
ings, $132,184,000: Provided, That in the event an agency within
the Department should require modification of space needs, the
Secretary of Agriculture may transfer a share of that agency’s
appropriation made available by this Act to this appropriation,
or may transfer a share of this appropriation to that agency’s
appropriation, but such transfers shall not exceed 5 percent of
H. R. 4101—3
the funds made available for space rental and related costs to
or from this account. In addition, for construction, repair, improve-
ment, extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the programs of the Department,
where not otherwise provided, $5,000,000, to remain available until
expended; making a total appropriation of $137,184,000.
HAZARDOUS WASTE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42
U.S.C. 9607(g), and section 6001 of the Resource Conservation
and Recovery Act, 42 U.S.C. 6961, $15,700,000, to remain available
until expended: Provided, That appropriations and funds available
herein to the Department for Hazardous Waste Management may
be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $32,168,000, to provide for
necessary expenses for management support services to offices of
the Department and for general administration and disaster
management of the Department, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the Depart-
ment, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which
not to exceed $10,000 is for employment under 5 U.S.C. 3109:
Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident
to the holding of hearings as required by sections 551 through
558 of title 5, United States Code.
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.
OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL
RELATIONS
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Congressional Relations to carry out the programs
funded by this Act, including programs involving intergovernmental
affairs and liaison within the executive branch, $3,668,000: Pro-
vided, That no other funds appropriated to the Department by
this Act shall be available to the Department for support of activities
of congressional relations: Provided further, That not less than
H. R. 4101—4
$2,241,000 shall be transferred to agencies funded by this Act
to maintain personnel at the agency level.
OFFICE OF COMMUNICATIONS
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemina-
tion of agricultural information, and the coordination of information,
work, and programs authorized by Congress in the Department,
$8,138,000, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 shall be available for employment
under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used
for farmers’ bulletins.
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector
General Act of 1978, $65,128,000, including such sums as may
be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, including a sum not to exceed
$50,000 for employment under 5 U.S.C. 3109; and including a
sum not to exceed $100,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to Public
Law 95–452 and section 1337 of Public Law 97–98: Provided, That
for fiscal year 1999 and thereafter, funds transferred to the Office
of the Inspector General through forfeiture proceedings or from
the Department of Justice Assets Forfeiture Fund or the Depart-
ment of the Treasury Forfeiture Fund, as a participating agency,
as an equitable share from the forfeiture of property in investiga-
tions in which the Office of the Inspector General participates,
or through the granting of a Petition for Remission or Mitigation,
shall be deposited to the credit of this account for law enforcement
activities authorized under the Inspector General Act of 1978, to
remain available until expended.
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$29,194,000.
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND
ECONOMICS
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer
the laws enacted by the Congress for the Economic Research Serv-
ice, the National Agricultural Statistics Service, the Agricultural
Research Service, and the Cooperative State Research, Education,
and Extension Service, $540,000.
H. R. 4101—5
ECONOMIC RESEARCH SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other
laws, $65,757,000: Provided, That $2,000,000 shall be transferred
to and merged with the appropriation for ‘‘Food and Nutrition
Service, Food Program Administration’’ for studies and evaluations:
Provided further, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225).
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, includ-
ing crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture,
as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C.
1621–1627), the Census of Agriculture Act of 1997 (Public Law
105–113), and other laws, $103,964,000, of which up to $23,599,000
shall be available until expended for the Census of Agriculture:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be
available for employment under section 3109 of title 5, United
States Code.
AGRICULTURAL RESEARCH SERVICE
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration relating
to production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use includ-
ing the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange,
or purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value or
shall be equalized by a payment of money to the grantor which
shall not exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $781,950,000: Provided, That
appropriations hereunder shall be available for temporary employ-
ment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000
shall be available for employment under 5 U.S.C. 3109: Provided
further, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That appro-
priations hereunder shall be available pursuant to 7 U.S.C. 2250
for the construction, alteration, and repair of buildings and improve-
ments, but unless otherwise provided, the cost of constructing any
one building shall not exceed $250,000, except for headhouses or
greenhouses which shall each be limited to $1,000,000, and except
for 10 buildings to be constructed or improved at a cost not to
H. R. 4101—6
exceed $500,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $250,000, whichever is greater:
Provided further, That the limitations on alterations contained in
this Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That appropria-
tions hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center, including an easement to
the University of Maryland to construct the Transgenic Animal
Facility which upon completion shall be accepted by the Secretary
as a gift: Provided further, That the foregoing limitations shall
not apply to replacement of buildings needed to carry out the
Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or operat-
ing any research facility or research project of the Agricultural
Research Service, as authorized by law.
None of the funds in the foregoing paragraph shall be available
to carry out research related to the production, processing or
marketing of tobacco or tobacco products.
In fiscal year 1999, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use
of land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized
by law, and such fees shall be credited to this account and shall
remain available until expended for authorized purposes.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$56,437,000, to remain available until expended (7 U.S.C. 2209b):
Provided, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establish-
ing any research facility of the Agricultural Research Service, as
authorized by law.
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION
SERVICE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other
expenses, including $180,545,000 to carry into effect the provisions
of the Hatch Act (7 U.S.C. 361a–i); $21,932,000 for grants for
cooperative forestry research (16 U.S.C. 582a–a7); $29,676,000 for
payments to the 1890 land-grant colleges, including Tuskegee
University (7 U.S.C. 3222); $63,116,000 for special grants for agri-
cultural research (7 U.S.C. 450i(c)); $15,048,000 for special grants
for agricultural research on improved pest control (7 U.S.C. 450i(c));
$119,300,000 for competitive research grants (7 U.S.C. 450i(b));
$5,109,000 for the support of animal health and disease programs
(7 U.S.C. 3195); $750,000 for supplemental and alternative crops
and products (7 U.S.C. 3319d); $600,000 for grants for research
H. R. 4101—7
pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C.
178) and section 1472 of the Food and Agriculture Act of 1977
(7 U.S.C. 3318), to remain available until expended; $3,000,000
for higher education graduate fellowship grants (7 U.S.C.
3152(b)(6)), to remain available until expended (7 U.S.C. 2209b);
$4,350,000 for higher education challenge grants (7 U.S.C.
3152(b)(1)); $1,000,000 for a higher education multicultural scholars
program (7 U.S.C. 3152(b)(5)), to remain available until expended
(7 U.S.C. 2209b); $2,850,000 for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241); $500,000 for a second-
ary agriculture education program and 2-year postsecondary edu-
cation (7 U.S.C. 3152(h)); $4,000,000 for aquaculture grants (7
U.S.C. 3322); $8,000,000 for sustainable agriculture research and
education (7 U.S.C. 5811); $9,200,000 for a program of capacity
building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321–326 and
328), including Tuskegee University, to remain available until
expended (7 U.S.C. 2209b); $1,552,000 for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103–382;
and $10,688,000 for necessary expenses of Research and Education
Activities, of which not to exceed $100,000 shall be for employment
under 5 U.S.C. 3109; in all, $481,216,000.
None of the funds in the foregoing paragraph shall be available
to carry out research related to the production, processing or
marketing of tobacco or tobacco products.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For establishment of a Native American institutions endowment
fund, as authorized by Public Law 103–382 (7 U.S.C. 301 note),
$4,600,000.
EXTENSION ACTIVITIES
Payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa: For payments for cooperative extension work
under the Smith-Lever Act, to be distributed under sections 3(b)
and 3(c) of said Act, and under section 208(c) of Public Law 93–
471, for retirement and employees’ compensation costs for extension
agents and for costs of penalty mail for cooperative extension agents
and State extension directors, $276,548,000; payments for extension
work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C.
343(b)(3)), $2,060,000; payments for the nutrition and family edu-
cation program for low-income areas under section 3(d) of the Act,
$58,695,000; payments for the pest management program under
section 3(d) of the Act, $10,783,000; payments for the farm safety
program under section 3(d) of the Act, $3,000,000; payments for
the pesticide impact assessment program under section 3(d) of
the Act, $3,214,000; payments to upgrade research, extension, and
teaching facilities at the 1890 land-grant colleges, including
Tuskegee University, as authorized by section 1447 of Public Law
95–113 (7 U.S.C. 3222b), $8,426,000, to remain available until
expended; payments for the rural development centers under section
3(d) of the Act, $908,000; payments for a groundwater quality
program under section 3(d) of the Act, $9,561,000; payments for
youth-at-risk programs under section 3(d) of the Act, $9,000,000;
payments for a food safety program under section 3(d) of the Act,
H. R. 4101—8
$3,500,000; payments for carrying out the provisions of the Renew-
able Resources Extension Act of 1978, $3,192,000; payments for
Indian reservation agents under section 3(d) of the Act, $1,714,000;
payments for sustainable agriculture programs under section 3(d)
of the Act, $3,309,000; payments for rural health and safety edu-
cation as authorized by section 2390 of Public Law 101–624 (7
U.S.C. 2661 note, 2662), $2,628,000; payments for cooperative exten-
sion work by the colleges receiving the benefits of the second Morrill
Act (7 U.S.C. 321–326 and 328) and Tuskegee University,
$25,843,000; and for Federal administration and coordination
including administration of the Smith-Lever Act, and the Act of
September 29, 1977 (7 U.S.C. 341–349), and section 1361(c) of
the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate
and provide program leadership for the extension work of the
Department and the several States and insular possessions,
$11,741,000; in all, $434,122,000: Provided, That funds hereby
appropriated pursuant to section 3(c) of the Act of June 26, 1953,
and section 506 of the Act of June 23, 1972, shall not be paid
to any State, the District of Columbia, Puerto Rico, Guam, or
the Virgin Islands, Micronesia, Northern Marianas, and American
Samoa prior to availability of an equal sum from non-Federal
sources for expenditure during the current fiscal year.
OFFICE OF THE ASSISTANT SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
For necessary salaries and expenses of the Office of the Assist-
ant Secretary for Marketing and Regulatory Programs to administer
programs under the laws enacted by the Congress for the Animal
and Plant Health Inspection Service, the Agricultural Marketing
Service, and the Grain Inspection, Packers and Stockyards Adminis-
tration, $618,000.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, including those pursu-
ant to the Act of February 28, 1947 (21 U.S.C. 114b–c), necessary
to prevent, control, and eradicate pests and plant and animal dis-
eases; to carry out inspection, quarantine, and regulatory activities;
to discharge the authorities of the Secretary of Agriculture under
the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b);
and to protect the environment, as authorized by law, $425,803,000,
of which $4,105,000 shall be available for the control of outbreaks
of insects, plant diseases, animal diseases and for control of pest
animals and birds to the extent necessary to meet emergency condi-
tions: Provided, That no funds shall be used to formulate or admin-
ister a brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be avail-
able for field employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $40,000 shall be available for employment under 5 U.S.C.
3109: Provided further, That this appropriation shall be available
for the operation and maintenance of aircraft and the purchase
H. R. 4101—9
of not to exceed 4, of which 2 shall be for replacement only: Provided
further, That, in addition, in emergencies which threaten any seg-
ment of the agricultural production industry of this country, the
Secretary may transfer from other appropriations or funds available
to the agencies or corporations of the Department such sums as
may be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease
or pests of animals, poultry, or plants, and for expenses in accord-
ance with the Act of February 28, 1947, and section 102 of the
Act of September 21, 1944, and any unexpended balances of funds
transferred for such emergency purposes in the next preceding
fiscal year shall be merged with such transferred amounts: Provided
further, That appropriations hereunder shall be available pursuant
to law (7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 1999, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions, domes-
tic and international organizations, foreign governments, or individ-
uals, provided that such fees are structured such that any entity’s
liability for such fees is reasonably based on the technical assist-
ance, goods, or services provided to the entity by the agency, and
such fees shall be credited to this account, to remain available
until expended, without further appropriation, for providing such
assistance, goods, or services.
Of the total amount available under this heading in fiscal
year 1999, $88,000,000 shall be derived from user fees deposited
in the Agricultural Quarantine Inspection User Fee Account.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$7,700,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation,
and regulatory programs, as authorized by law, and for administra-
tion and coordination of payments to States, including field employ-
ment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $90,000
for employment under 5 U.S.C. 3109, $46,000,000, including funds
for the wholesale market development program for the design and
development of wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering
any one building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
H. R. 4101—10
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $60,730,000 (from fees collected) shall be obli-
gated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrol-
lable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Appropriations Committees.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c) shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of August 8, 1956;
(2) transfers otherwise provided in this Act; and (3) not more
than $10,998,000 for formulation and administration of marketing
agreements and orders pursuant to the Agricultural Marketing
Agreement Act of 1937 and the Agricultural Act of 1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activi-
ties under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,200,000.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers
and Stockyards Act, for certifying procedures used to protect pur-
chasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, including
field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $26,787,000: Pro-
vided, That this appropriation shall be available pursuant to law
(7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replace-
ment value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,557,000 (from fees collected) shall be obli-
gated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Appropriations Committees.
H. R. 4101—11
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $446,000.
FOOD SAFETY AND INSPECTION SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, $609,250,000, and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1017 of Public Law 102–237: Provided, That this appropria-
tion shall not be available for shell egg surveillance under section
5(d) of the Egg Products Inspection Act (21 U.S.C. 1034(d)): Provided
further, That this appropriation shall be available for field employ-
ment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000
shall be available for employment under 5 U.S.C. 3109: Provided
further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replace-
ment value of the building.
OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN
AGRICULTURAL SERVICES
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer
the laws enacted by Congress for the Farm Service Agency, the
Foreign Agricultural Service, the Risk Management Agency, and
the Commodity Credit Corporation, $572,000.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $714,499,000: Provided, That the Secretary is authorized
to use the services, facilities, and authorities (but not the funds)
of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account: Pro-
vided further, That these funds shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall
be available for employment under section 3109 of title 5, United
States Code.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987 (7 U.S.C. 5101–5106), $2,000,000.
H. R. 4101—12
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers for milk or cows producing such milk and manufac-
turers of dairy products who have been directed to remove their
milk or dairy products from commercial markets because it con-
tained residues of chemicals registered and approved for use by
the Federal Government, and in making indemnity payments for
milk, or cows producing such milk, at a fair market value to
any dairy farmer who is directed to remove his milk from commer-
cial markets because of: (1) the presence of products of nuclear
radiation or fallout if such contamination is not due to the fault
of the farmer; or (2) residues of chemicals or toxic substances
not included under the first sentence of the Act of August 13,
1968 (7 U.S.C. 450j), if such chemicals or toxic substances were
not used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination
is not due to the fault of the farmer, $450,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That none of the funds
contained in this Act shall be used to make indemnity payments
to any farmer whose milk was removed from commercial markets
as a result of the farmer’s willful failure to follow procedures pre-
scribed by the Federal Government: Provided further, That this
amount shall be transferred to the Commodity Credit Corporation:
Provided further, That the Secretary is authorized to utilize the
services, facilities, and authorities of the Commodity Credit Cor-
poration for the purpose of making dairy indemnity disbursements.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928–1929, to be avail-
able from funds in the Agricultural Credit Insurance Fund, as
follows: farm ownership loans, $510,682,000, of which $425,031,000
shall be for guaranteed loans; operating loans, $1,648,276,000, of
which $948,276,000 shall be for unsubsidized guaranteed loans
and $200,000,000 shall be for subsidized guaranteed loans; Indian
tribe land acquisition loans as authorized by 25 U.S.C. 488,
$1,000,000; for emergency insured loans, $25,000,000 to meet the
needs resulting from natural disasters; and for boll weevil eradi-
cation program loans as authorized by 7 U.S.C. 1989, $100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: farm ownership loans,
$19,580,000, of which $6,758,000 shall be for guaranteed loans;
operating loans, $62,630,000, of which $11,000,000 shall be for
unsubsidized guaranteed loans and $17,480,000 shall be for sub-
sidized guaranteed loans; Indian tribe land acquisition loans as
authorized by 25 U.S.C. 488, $153,000; for emergency insured loans,
$5,900,000 to meet the needs resulting from natural disasters;
and for boll weevil eradication program loans as authorized by
7 U.S.C. 1989, $1,440,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $219,861,000, of
H. R. 4101—13
which $209,861,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
RISK MANAGEMENT AGENCY
For administrative and operating expenses, as authorized by
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 6933), $64,000,000: Provided, That not to exceed $700 shall
be available for official reception and representation expenses, as
authorized by section 1506(i) of title 7, United States Code.
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Govern-
ment Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act, such sums as may be necessary, to remain
available until expended (7 U.S.C. 2209b).
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
For fiscal year 1999, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed (estimated to be
$8,439,000,000 in the President’s fiscal year 1999 Budget Request
(H. Doc. 105–177)), but not to exceed $8,439,000,000, pursuant
to section 2 of the Act of August 17, 1961 (15 U.S.C. 713a–11).
OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE
MANAGEMENT
For fiscal year 1999, the Commodity Credit Corporation shall
not expend more than $5,000,000 for expenses to comply with
the requirement of section 107(g) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recov-
ery Act, 42 U.S.C. 6961: Provided, That expenses shall be for
operations and maintenance costs only and that other hazardous
waste management costs shall be paid for by the USDA Hazardous
Waste Management appropriation in this Act.
H. R. 4101—14
TITLE II
CONSERVATION PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND
ENVIRONMENT
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer
the laws enacted by the Congress for the Forest Service and the
Natural Resources Conservation Service, $693,000.
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the programs adminis-
tered by the Natural Resources Conservation Service, including
the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f ),
including preparation of conservation plans and establishment of
measures to conserve soil and water (including farm irrigation
and land drainage and such special measures for soil and water
management as may be necessary to prevent floods and the siltation
of reservoirs and to control agricultural related pollutants); oper-
ation of conservation plant materials centers; classification and
mapping of soil; dissemination of information; acquisition of lands,
water, and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to exceed
$100 pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); pur-
chase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$641,243,000, to remain available until expended (7 U.S.C. 2209b),
of which not less than $5,990,000 is for snow survey and water
forecasting and not less than $9,025,000 is for operation and
establishment of the plant materials centers: Provided, That appro-
priations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improve-
ments at plant materials centers, except that the cost of alterations
and improvements to other buildings and other public improvements
shall not exceed $250,000: Provided further, That when buildings
or other structures are erected on non-Federal land, that the right
to use such land is obtained as provided in 7 U.S.C. 2250a: Provided
further, That this appropriation shall be available for technical
assistance and related expenses to carry out programs authorized
by section 202(c) of title II of the Colorado River Basin Salinity
Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
no part of this appropriation may be expended for soil and water
conservation operations under the Act of April 27, 1935 in dem-
onstration projects: Provided further, That this appropriation shall
be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and
not to exceed $25,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That qualified local engineers
may be temporarily employed at per diem rates to perform the
technical planning work of the Service (16 U.S.C. 590e–2).
H. R. 4101—15
WATERSHED SURVEYS AND PLANNING
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the
Watershed Protection and Flood Prevention Act approved August
4, 1954 (16 U.S.C. 1001–1009), $10,368,000: Provided, That this
appropriation shall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $110,000 shall be available for
employment under section 3109 of title 5, United States Code.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations, meth-
ods of cultivation, the growing of vegetation, rehabilitation of exist-
ing works and changes in use of land, in accordance with the
Watershed Protection and Flood Prevention Act approved August
4, 1954 (16 U.S.C. 1001–1005 and 1007–1009), the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a–f ), and in accordance
with the provisions of laws relating to the activities of the Depart-
ment, $99,443,000, to remain available until expended (7 U.S.C.
2209b) (of which up to $15,000,000 may be available for the water-
sheds authorized under the Flood Control Act approved June 22,
1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not
to exceed $47,000,000 of this appropriation shall be available for
technical assistance: Provided further, That this appropriation shall
be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and
not to exceed $200,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That not to exceed $1,000,000
of this appropriation is available to carry out the purposes of
the Endangered Species Act of 1973 (Public Law 93–205), including
cooperative efforts as contemplated by that Act to relocate endan-
gered or threatened species to other suitable habitats as may be
necessary to expedite project construction.
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out projects
for resource conservation and development and for sound land use
pursuant to the provisions of section 32(e) of title III of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat.
607), the Act of April 27, 1935 (16 U.S.C. 590a–f ), and the Agri-
culture and Food Act of 1981 (16 U.S.C. 3451–3461), $35,000,000,
to remain available until expended (7 U.S.C. 2209b): Provided,
That this appropriation shall be available for employment pursuant
to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available
for employment under section 3109 of title 5, United States Code.
FORESTRY INCENTIVES PROGRAM
For necessary expenses, not otherwise provided for, 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, $6,325,000,
to remain available until expended, as authorized by that Act.
H. R. 4101—16
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT
PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under
the laws enacted by the Congress for the Rural Housing Service,
the Rural Business-Cooperative Service, and the Rural Utilities
Service of the Department of Agriculture, $588,000.
RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, except for
sections 381E–H, 381N, and 381O of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009f ), $722,686,000, to remain
available until expended, of which $29,786,000 shall be for rural
community programs described in section 381E(d)(1) of the Consoli-
dated Farm and Rural Development Act; of which $645,007,000
shall be for the rural utilities programs described in section
381E(d)(2) of such Act; and of which $47,893,000 shall be for the
rural business and cooperative development programs described
in section 381E(d)(3) of such Act: Provided, That of the amount
appropriated for the rural business and cooperative development
programs, not to exceed $500,000 shall be made available for a
grant to a qualified national organization to provide technical assist-
ance for rural transportation in order to promote economic develop-
ment: Provided further, That not to exceed $16,215,000 shall be
for technical assistance grants for rural waste systems pursuant
to section 306(a)(14) of such Act; and not to exceed $5,300,000
shall be for contracting with qualified national organizations for
a circuit rider program to provide technical assistance for rural
water systems: Provided further, That of the total amount appro-
priated, not to exceed $33,926,000 shall be available through June
30, 1999, for empowerment zones and enterprise communities, as
authorized by Public Law 103–66, of which $1,844,000 shall be
for rural community programs described in section 381E(d)(1) of
such Act; of which $23,948,000 shall be for the rural utilities pro-
grams described in section 381E(d)(2) of such Act; of which
$8,134,000 shall be for the rural business and cooperative develop-
ment programs described in section 381E(d)(3) of such Act.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $3,965,313,000 for loans to section 502 borrowers,
as determined by the Secretary, of which $3,000,000,000 shall be
for unsubsidized guaranteed loans; $25,001,000 for section 504
H. R. 4101—17
housing repair loans; $100,000,000 for section 538 guaranteed
multi-family housing loans; $20,000,000 for section 514 farm labor
housing; $114,321,000 for section 515 rental housing; $5,152,000
for section 524 site loans; $16,930,000 for credit sales of acquired
property, of which up to $5,001,000 may be for multi-family credit
sales; and $5,000,000 for section 523 self-help housing land develop-
ment loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: section 502 loans,
$116,800,000, of which $2,700,000 shall be for unsubsidized guaran-
teed loans; section 504 housing repair loans, $8,808,000; section
538 multi-family housing guaranteed loans, $2,320,000; section 514
farm labor housing, $10,406,000; section 515 rental housing,
$55,160,000; section 524 site loans, $17,000; credit sales of acquired
property, $3,492,000, of which up to $2,416,000 may be for
multi-family credit sales; and section 523 self-help housing land
development loans, $282,000: Provided, That of the total amount
appropriated in this paragraph, $10,380,000 shall be for empower-
ment zones and enterprise communities, as authorized by Public
Law 103–66: Provided further, That if such funds are not obligated
for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes
under this heading.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $360,785,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Housing Service, Salaries and Expenses’’.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $583,397,000; and, in addition, such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided,
That of this amount, not more than $5,900,000 shall be available
for debt forgiveness or payments for eligible households as author-
ized by section 502(c)(5)(D) of the Act, and not to exceed $10,000
per project for advances to nonprofit organizations or public agencies
to cover direct costs (other than purchase price) incurred in purchas-
ing projects pursuant to section 502(c)(5)(C) of the Act: Provided
further, That agreements entered into or renewed during fiscal
year 1999 shall be funded for a 5-year period, although the life
of any such agreement may be extended to fully utilize amounts
obligated.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain
available until expended (7 U.S.C. 2209b): Provided, That of the
total amount appropriated, $1,000,000 shall be for empowerment
zones and enterprise communities, as authorized by Public Law
103–66: Provided further, That if such funds are not obligated
H. R. 4101—40
(A) in subsection (a), by striking ‘‘and guaranteed’’;
and
(B) in subsection (c), by striking ‘‘or guaranteed’’ each
place it appears.
SEC. 806. (a) Section 305 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1925) is amended—
(1) by striking ‘‘SEC. 305. The Secretary’’ and inserting
the following:
‘‘SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
‘‘(a) IN GENERAL.—The Secretary’’;
(2) by striking ‘‘$300,000’’ and inserting ‘‘$700,000 (increased,
beginning with fiscal year 2000, by the inflation percentage
applicable to the fiscal year in which the loan is guaranteed and
reduced by the amount of any unpaid indebtedness of the borrower
on loans under subtitle B that are guaranteed by the Secretary)’’;
(3) by striking ‘‘In determining’’ and inserting the following:
‘‘(b) DETERMINATION OF VALUE.—In determining’’; and
(4) by adding at the end the following:
‘‘(c) INFLATION PERCENTAGE.—For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage
(if any) by which—
‘‘(1) the average of the Consumer Price Index (as defined
in section 1(f )(5) of the Internal Revenue Code of 1986) for
the 12-month period ending on August 31 of the immediately
preceding fiscal year; exceeds
‘‘(2) the average of the Consumer Price Index (as so defined)
for the 12-month period ending on August 31, 1996.’’.
(b) Section 313 of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 1943) is amended—
(1) by striking ‘‘SEC. 313. The Secretary’’ and inserting
the following:
‘‘SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
‘‘(a) IN GENERAL.—The Secretary’’;
(2) by striking ‘‘this subtitle (1) that would cause’’ and
inserting ‘‘this subtitle—
‘‘(1) that would cause’’;
(3) by striking ‘‘$400,000; or (2) for the purchasing’’ and
inserting ‘‘$700,000 (increased, beginning with fiscal year 2000,
by the inflation percentage applicable to the fiscal year in
which the loan is guaranteed and reduced by the unpaid indebt-
edness of the borrower on loans under the sections specified
in section 305 that are guaranteed by the Secretary); or
‘‘(2) for the purchasing’’; and
(4) by adding at the end the following:
‘‘(b) INFLATION PERCENTAGE.—For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage
(if any) by which—
‘‘(1) the average of the Consumer Price Index (as defined
in section 1(f )(5) of the Internal Revenue Code of 1986) for
the 12-month period ending on August 31 of the immediately
preceding fiscal year; exceeds
‘‘(2) the average of the Consumer Price Index (as so defined)
for the 12-month period ending on August 31, 1996.’’.
SEC. 807. Section 353(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)) is amended by adding at the
end the following: