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this appropriation, or a share of this appropriation may
be transferred to the salaries and expenses appropriation,
but such transfers shall not exceed 5 percent of the funds
made available for rental payments (FDA) to or from this
account.
DEPARTMENT OF THE TREASURY
FINANCIAL MANAGEMENT SERVICE
PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL
ASSISTANCE CORPORATION
For necessary payments to the Farm Credit System
Financial Assistance Corporation by the Secretary of the
Treasury, as authorized by section 6.28(c) of the Farm
Credit Act of 1971, for reimbursement of interest ex-
penses incurred by the Financial Assistance Corporation
on obligations issued through 1994, as authorized,
$2,565,000.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions
of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in-
cluding the purchase and hire of passenger motor vehicles;
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere; and not to exceed
$25,000 
for 
employment 
under 
U.S.C. 
3109;
$62,140,000, including not to exceed $1,000 for official
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reception and representation expenses: Provided, That the
Commission is authorized to charge reasonable fees to
attendees of Commission sponsored educational events and
symposia to cover the Commission’s costs of providing
those events and symposia, and notwithstanding 31 U.S.C.
3302, said fees shall be credited to this account, to be
available without further appropriation.
FARM CREDIT ADMINISTRATION
LIMITATION OF ADMINISTRATIVE EXPENSES
Not to exceed $35,800,000 (from assessments col-
lected from farm credit institutions and from the Federal
Agricultural Mortgage Corporation) shall be obligated
during the current fiscal year for administrative expenses
as authorized under 12 U.S.C. 2249: Provided, That this
limitation shall not apply to expenses associated with re-
ceiverships.
TITLE VII—GENERAL PROVISIONS
SEC. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Depart-
ment of Agriculture for the fiscal year 1999 under this
Act shall be available for the purchase, in addition to those
specifically provided for, of not to exceed 440 passenger
motor vehicles, of which 437 shall be for replacement only,
and for the hire of such vehicles.
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SEC. 702. Funds in this Act available to the Depart-
ment of Agriculture shall be available for uniforms or al-
lowances therefor as authorized by law (5 U.S.C. 5901–
5902).
SEC. 703. Not less than $1,500,000 of the appropria-
tions of the Department of Agriculture in this Act for re-
search and service work authorized by the Acts of August
14, 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629),
and by chapter 63 of title 31, United States Code, shall
be available for contracting in accordance with said Acts
and chapter.
SEC. 704. The cumulative total of transfers to the
Working Capital Fund for the purpose of accumulating
growth capital for data services and National Finance
Center operations shall not exceed $2,000,000: Provided,
That no funds in this Act appropriated to an agency of
the Department shall be transferred to the Working Cap-
ital Fund without the approval of the agency adminis-
trator.
SEC. 705. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended (7 U.S.C. 2209b): Animal and
Plant Health Inspection Service, the contingency fund to
meet emergency conditions, fruit fly program, and inte-
grated systems acquisition project; Farm Service Agency,
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salaries and expenses funds made available to county com-
mittees; and Foreign Agricultural Service, middle-income
country training program.
New obligational authority for the boll weevil pro-
gram; up to 10 percent of the screwworm program of the
Animal and Plant Health Inspection Service; Food Safety
and Inspection Service, field automation and information
management project; funds appropriated for rental pay-
ments; funds for the Native American Institutions Endow-
ment Fund in the Cooperative State Research, Education,
and Extension Service; and funds for the competitive re-
search grants (7 U.S.C. 450i(b)), shall remain available
until expended.
SEC. 706. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 707. Not to exceed $50,000 of the appropria-
tions available to the Department of Agriculture in this
Act shall be available to provide appropriate orientation
and language training pursuant to Public Law 94–449.
SEC. 708. No funds appropriated by this Act may be
used to pay negotiated indirect cost rates on cooperative
agreements or similar arrangements between the United
States Department of Agriculture and nonprofit institu-
tions in excess of 10 percent of the total direct cost of
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the agreement when the purpose of such cooperative ar-
rangements is to carry out programs of mutual interest
between the two parties. This does not preclude appro-
priate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are com-
puted on a similar basis for all agencies for which appro-
priations are provided in this Act.
SEC. 709. Notwithstanding any other provision of
this Act, commodities acquired by the Department in con-
nection with Commodity Credit Corporation and section
32 price support operations may be used, as authorized
by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide
commodities to individuals in cases of hardship as deter-
mined by the Secretary of Agriculture.
SEC. 710. None of the funds in this Act shall be avail-
able to reimburse the General Services Administration for
payment of space rental and related costs in excess of the
amounts specified in this Act; nor shall this or any other
provision of law require a reduction in the level of rental
space or services below that of fiscal year 1998 or prohibit
an expansion of rental space or services with the use of
funds otherwise appropriated in this Act. Further, no
agency of the Department of Agriculture, from funds oth-
erwise available, shall reimburse the General Services Ad-
ministration for payment of space rental and related costs
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provided to such agency at a percentage rate which is
greater than is available in the case of funds appropriated
in this Act.
SEC. 711. None of the funds in this Act shall be avail-
able to restrict the authority of the Commodity Credit
Corporation to lease space for its own use or to lease space
on behalf of other agencies of the Department of Agri-
culture when such space will be jointly occupied.
SEC. 712. With the exception of grants awarded
under the Small Business Innovation Development Act of
1982, Public Law 97–219 (15 U.S.C. 638), none of the
funds in this Act shall be available to pay indirect costs
on research grants awarded competitively by the Coopera-
tive State Research, Education, and Extension Service
that exceed 14 percent of total Federal funds provided
under each award.
SEC. 713. Notwithstanding any other provisions of
this Act, all loan levels provided in this Act shall be consid-
ered estimates, not limitations.
SEC. 714. Appropriations to the Department of Agri-
culture for the cost of direct and guaranteed loans made
available in fiscal year 1999 shall remain available until
expended to cover obligations made in fiscal year 1999 for
the following accounts: the rural development loan fund
program account; the Rural Telephone Bank program ac-
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count; the rural electrification and telecommunications
loans program account; and the rural economic develop-
ment loans program account.
SEC. 715. Such sums as may be necessary for fiscal
year 1999 pay raises for programs funded by this Act shall
be absorbed within the levels appropriated in this Act.
SEC. 716. Notwithstanding the Federal Grant and
Cooperative Agreement Act, marketing services of the Ag-
ricultural Marketing Service; Grain Inspection, Packers
and Stockyards Administration; and the Animal and Plant
Health Inspection Service may use cooperative agreements
to reflect a relationship between the Agricultural Market-
ing Service, the Grain Inspection, Packers and Stockyards
Administration or the Animal and Plant Health Inspection
Service and a State or Cooperator to carry out agricultural
marketing programs or to carry out programs to protect
the Nation’s animal and plant resources.
SEC. 717. None of the funds in this Act may be used
to retire more than 5 percent of the Class A stock of the
Rural Telephone Bank or to maintain any account or sub-
account within the accounting records of the Rural Tele-
phone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available in this Act may be used to trans-
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fer to the Treasury or to the Federal Financing Bank any
unobligated balance of the Rural Telephone Bank tele-
phone liquidating account which is in excess of current
requirements and such balance shall receive interest as set
forth for financial accounts in section 505(c) of the Fed-
eral Credit Reform Act of 1990.
SEC. 718. None of the funds made available in this
Act may be used to provide assistance to, or to pay the
salaries of personnel who carry out a market promotion/
market access program pursuant to section 203 of the Ag-
ricultural Trade Act of 1978 (7 U.S.C. 5623) that pro-
vides assistance to the United States Mink Export Devel-
opment Council or any mink industry trade association.
SEC. 719. Of the funds made available by this Act,
not more than $1,400,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department
of Agriculture except for panels used to comply with nego-
tiated rule makings and panels used to evaluate competi-
tively awarded grants.
SEC. 720. None of the funds appropriated in this Act
may be used to carry out the provisions of section 918
of Public Law 104–127, the Federal Agriculture Improve-
ment and Reform Act.
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SEC. 721. No employee of the Department of Agri-
culture may be detailed or assigned from an agency or
office funded by this Act to any other agency or office
of the Department for more than 30 days unless the indi-
vidual’s employing agency or office is fully reimbursed by
the receiving agency or office for the salary and expenses
of the employee for the period of assignment.
SEC. 722. None of the funds appropriated or other-
wise made available to the Department of Agriculture
shall be used to transmit or otherwise make available to
any non-Department of Agriculture employee questions or
responses to questions that are a result of information re-
quested for the appropriations hearing process.
SEC. 723. (a) None of the funds provided by this Act,
or provided by previous Appropriations Acts to the agen-
cies funded by this Act that remain available for obligation
or expenditure in fiscal year 1999, or provided from any
accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which: (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorga-
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nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified fif-
teen days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or pro-
vided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1999, or provided from any ac-
counts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogram-
ming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers
of personnel by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing pro-
grams, activities, or projects as approved by Congress; un-
less the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such re-
programming of funds.
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SEC. 724. Funds made available to the Farm Service
Agency, the Natural Resources Conservation Service, and
the Rural Development agencies may be used to support
a staff office established to provide common support serv-
ices, including the common computer system for use by
such agencies.
SEC. 725. None of the funds appropriated or other-
wise made available by this Act shall be used to pay the
salaries and expenses of personnel to carry out the provi-
sions of section 793 of Public Law 104–127, the Federal
Agriculture Improvement and Reform Act of 1996, as
amended.
SEC. 726. None of the funds appropriated or other-
wise made available by this Act shall be used to pay the
salaries and expenses of personnel who carry out a wildlife
habitat incentives program authorized by section 387 of
Public Law 104–127.
SEC. 727. None of the funds appropriated or other-
wise made available by this Act shall be used to pay the
salaries and expenses of personnel who carry out an envi-
ronmental quality incentives program authorized by sec-
tions 334–341 of Public Law 104–127 in excess of
$174,000,000.
SEC. 728. None of the funds appropriated or other-
wise made available by this Act shall be used to enroll
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in excess of 130,000 acres in the fiscal year 1999 wetlands
reserve program as authorized by 16 U.S.C. 3837.
SEC. 729. None of the funds appropriated or other-
wise made available by this Act shall be used to pay the
salaries and expenses of personnel who carry out the emer-
gency food assistance program authorized by section 27(a)
of the Food Stamp Act if such program exceeds
$90,000,000.
SEC. 730. None of the funds appropriated or other-
wise made available by this Act shall be used to pay the
salaries and expenses of personnel to carry out the provi-
sions of section 401 of the Agricultural Research, Exten-
sion, and Education Reform Act of 1998.
SEC. 731. Notwithstanding any other provision of
law, the City of Big Spring, Texas shall be eligible to par-
ticipate in rural housing programs administered by the
Rural Housing Service.
SEC. 732. Notwithstanding any other provision of
law, the Municipality of Carolina, Puerto Rico shall be eli-
gible for grants and loans administered by the Rural Utili-
ties Service.
SEC. 733. Notwithstanding section 381A of the Con-
solidated 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
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Service and the community facilities programs adminis-
tered by the Rural Housing Service shall be those provided
for in statute and regulations prior to the enactment of
Public Law 104–127.
SEC. 734. None of the funds appropriated or other-
wise made available by this Act shall be used to carry out
any commodity purchase program that would prohibit eli-
gibility or participation by farmer-owned cooperatives.
SEC. 735. Meaning of ‘‘Antibacterial’’. Section
512(d)(4)(D)(iii) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is amended by
inserting before the semicolon the following: ‘‘, except that
for purposes of this clause, antibacterial ingredient or ani-
mal drug does not include the ionophore or arsenical class-
es of animal drugs’’.
SEC. 736. In issuing the final rule to implement the
amendments to Federal milk marketing orders required
by subsection (a) of section 143 of the Agricultural Market
Transition Act (7 U.S.C. 7253), none of the funds appro-
priated or otherwise made available to the Secretary by
this Act, any other Act, or any other source may be used
to issue the rule other than during the period of February
1, 1999, through April 4, 1999, and only if the actual
implementation of the amendments as part of Federal
milk marketing orders takes effect on October 1, 1999,
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notwithstanding the penalties that would otherwise be im-
posed under subsection (c) of such section.
SEC. 737. Section 102(b)(2)(D) of the Arms Export
Control Act (22 U.S.C. 2799aa–1(b)(2)(D)) is amended—
(a) in clause (i) by striking ‘‘or’’ at the end;
(b) in clause (ii) by striking the period at the end
and inserting ‘‘, or’’; and
(c) by inserting after clause (ii) the following:
‘‘(iii) to any credit, credit guarantee,
or other financial assistance provided by
the Department of Agriculture for the pur-
chase or other provision of food or other
agricultural commodities.’’.
(d) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply to any credit, credit
guarantee, or other financial assistance provided by the
Department of Agriculture before, on, or after the date
of enactment of this Act through September 30, 1999.
(e) DESIGNATION AS EMERGENCY REQUIREMENT.—
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 Emer-
gency 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
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of the entire amount of the request as an emergency re-
quirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress.
SEC. 738. Whenever the Secretary of Agriculture an-
nounces the basic formula price for milk for purposes of
Federal milk marketing orders issued under section 8c of
the Agricultural Adjustment Act (7 U.S.C. 608c), reen-
acted 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
transportation and marketing costs, to produce milk in the
different regions of the United States.
This Act may be cited as the ‘‘Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 1999’’.
Union Calendar No. 330
105TH CONGRESS
2D SESSION
H. R. 4101
[Report No. 105–588]
A BILL
Making appropriations for Agriculture, Rural De-
velopment, Food and Drug Administration, and
Related Agencies programs for the fiscal year
ending September 30, 1999, and for other pur-
poses.
JUNE 19, 1998
Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed