Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000
PL 106-78 (H.R.1906), enacted 10/22/1999

PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1135 
Public Law 106-78 
106th Congress 
An Act 
Making appropriations for Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies programs for the fiscal year ending September 
30, 2000, 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, 2000, and for other pur-
poses, namely: 
TITLE I 
Oct. 22, 1999 
[H.R. 1906] 
Agricu]:ture, 
Rural 
Development, 
Food and Drug 
Administration, 
and Related 
Agencies 
Appropriations 
Act, 2000. 
AGRICULTURAL PROGRAMS 
PRODUCTION, PROCESSING, AND MARKETING 
OFFICE OF THE SECRETARY 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Office of the Secretary of Agri-
culture, and not to exceed $75,000 for employment under 5 U.S.C. 
3109, $15,436,000, of which, $12,600,000, to remain available until 
expended, shall be available only for the development 
and 
implementation of a common computing environment: Provided, 
That not to exceed $11,000 of this amount, along with any unobli-
gated balances of representation funds in the Foreign Agricultural 
Service, shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Sec-
retary: Provided further. That the funds made available for the 
development and implementation of a common computing environ-
ment shall only be available upon approval of the Committees 
on Appropriations and Agriculture of the House of Representatives 
and the Senate of a plan for the development and implementation 
of a common computing environment: 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) 
ofPublic Law 104^127. 
113 STAT. 1136 
PUBLIC LAW 106-78—OCT. 22, 1999 
EXECUTIVE OPERATIONS 
CHIEF ECONOMIST 
For necessary expenses of the Chief Economist, including eco-
nomic analysis, risk assessment, cost-benefit analysis, energy and 
new uses, 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 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, $6,411,000. 
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 emplo3mnent 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, $6,583,000. 
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 emplojmient under 5 U.S.C. 
3109, $6,051,000. 
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, $4,783,000. 
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, 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1137 
and for the operation, maintenance, and repair of Agriculture 
buildings, $140,364,000: 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 
the funds made available for space rental and related costs to 
or from this account. 
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, $34,738,000, 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 emplojonent 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 5 U.S.C. 551-558. 
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, $3,568,000: Pro-
vided, That no other funds appropriated to the Department by 
this Act shall be available to the Department for support of activities 
113 STAT. 1138 
PUBLIC LAW 106-78—OCT. 22, 1999 
of congressional relations: Provided further. That not less than 
$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 not to exceed $50,000 
for employment under 5 U.S.C. 3109; and including not to exceed 
$125,000 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. 
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 
Service, the National Agricultural Statistics Service, the Agricul-
tural Research Service, and the Cooperative State Research, Edu-
cation, and Extension Service, $540,000. 
ECONOMIC RESEARCH SERVICE 
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, $65,419,000: Provided, That $1,000,000 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). 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1139 
NATIONAL AGRICULTURAL STATISTICS SERVICE 
For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, 
including crop and livestock estimates, statistical coordination and 
improvements, marketing surveys, and the Census of Agriculture, 
as authorized by 7 U.S.C. 1621-1627, Public Law 105-113, and 
other laws, $99,405,000, of which up to $16,490,000 shall be avail-
able 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 
emplo3TTient under 5 U.S.C. 3109. 
AGRICULTURAL RESEARCH SERVICE 
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 
including the acquisition, preservation, and dissemination of agri-
cultural 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, $834,322,000: 
Provided, That appropriations hereunder shall be available for tem-
porary emplojnnent 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 7USC2254. 
available for the operation and maintenance of aircraft and the 
purchase of not to exceed one for replacement only: Provided further. 
That appropriations hereunder shall be available pursuant to 7 
U.S.C. 2250 for the construction, alteration, and repair of buildings 
and improvements, but unless otherwise provided, the cost of con-
structing 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 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 limita-
tions on alterations contained in this Act shall not apply to mod-
ernization or replacement of existing facilities at Beltsville, Mary-
land: Provided further. That appropriations hereunder shall be University of 
available for granting easements at the Beltsville Agricultural Maryland. 
Research Center, including an easement to the University of Mary-
land 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 replace-
ment 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 indi-
vidual for the purpose of establishing or operating any research 
facility or research project of the Agricultural Research Service, 
as authorized by law. 
113 STAT. 1140 
PUBLIC LAW 106-78—OCT. 22, 1999 
None of the funds in the foregoing paragraph shall be available 
to carry out research related to the production, processing or mar-
keting of tobacco or tobacco products. 
In fiscal year 2000, 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, 
$52,500,000, 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 estab-
lishing any research facility of the Agricultural Research Service, 
as authorized by law. 
COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION 
SERVICE 
RESEARCH AND EDUCATION ACTIVITIES 
For pa3mients 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); $30,676,000 for 
pa5mnents to the 1890 land-grant colleges, including Tuskegee 
University (7 U.S.C. 3222), of which $1,000,000 shall be made 
available to West Virginia State College in Institute, West Virginia, 
7 use 3222 note, which for fiscal year 2000 and thereafter shall be designated as 
an eligible institution under section 1445 of the National Agricul-
tural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3222); $63,238,000 for special grants for 
agricultural 
research (7 U.S.C. 450i(c)); $13,721,000 for special grants for agri-
cultural 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); $650,000 for grants for research 
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; $500,000 for 
the 1994 research program (7 U.S.C. 301 note); $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 secondary agri-
culture education program and 2-year post-secondary education (7 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1141 
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 $14,825,000 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, $485,698,000. 
None of the funds in the foregoing paragraph shall be available 
to carry out research related to the production, processing or mar-
keting 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)), $3,060,000; 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, $4,000,000; 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), $12,000,000, 
to remain available until expended; payments for the rural develop-
ment centers under section 3(d) of the Act, $908,000; payments 
for youth-at-risk programs under section 3(d) of the Act, $9,000,000; 
pa5nnents for carrying out the provisions of the Renewable 
Resources Extension Act of 1978, $3,192,000; pajmtients for Indian 
reservation agents under section 3(d) of the Act, $1,714,000; pay-
ments for sustainable agriculture programs under section 3(d) of 
the Act, $3,309,000; payments for rural health and safety education 
as authorized by section 2390 of Public Law 101-624 (7 U.S.C. 
2661 note, 2662), $2,628,000; payments for cooperative extension 
work by the colleges receiving the benefits of the second Morrill 
Act (7 U.S.C. 321-326 and 328) and Tuskegee 
University, 
$26,843,000, of which $1,000,000 shall be made available to West 
Virginia State College in Institute, West Virginia, which for fiscal 
7 USC 3221 note. 
year 2000 and thereafter shall be designated as an eligible institu-
tion under section 1444 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221); and 
113 STAT. 1142 
PUBLIC LAW 106-78—OCT. 22, 1999 
for Federal administration and coordination including administra-
tion 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, $12,242,000; in all, $424,922,000: 
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. 
INTEGRATED ACTIVITIES 
For the integrated research, education, and extension competi-
tive grants programs, including necessary administrative expenses, 
$39,541,000, as follows: payments for the water quality program, 
$13,000,000; payments for the food safety program, $15,000,000; 
payments for the national agriculture pesticide impact assessment 
program, $4,541,000; payments for the Food Quality Protection 
Act risk mitigation program for major food crop systems, $4,000,000; 
payments for the crops affected by Food Quality Protection Act 
implementation, $1,000,000; and payments for the methyl bromide 
transition program, $2,000,000, as authorized under section 406 
of the Agricultural Research, Extension, and Education Reform 
Act of 1998 (7 U.S.C. 7626). 
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND 
REGULATORY PROGRAMS 
For necessary salaries and expenses of the Office of the Under 
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 A N D 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, $441,263,000, 
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 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1143 
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 
of not to exceed four, of which two shall be for replacement only: 
Provided further. That, in addition, in emergencies which threaten 
21USC 129. 
any segment 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 infec-
tious disease or pests of animals, poultry, or plants, and for expenses 
in accordance 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 pre-
ceding 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 2000, 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, 
domestic and international organizations, foreign governments, or 
individuals, provided that such fees are structured such that any 
entity's liability for such fees is reasonably based on the technical 
assistance, 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 2000, $87,000,000 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, 
$5,200,000, 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, $51,625,000, including funds 
for the wholesale market development program for the design and 
113 STAT. 1144 
PUBLIC LAW 106-78—OCT. 22, 1999 
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. 
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 $12,443,000 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 A N D 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, $26,448,000: 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. 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1145 
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. 
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, $649,411,000, of which 
no less than $544,902,000 shall be available for Federal food inspec-
tion, and in addition, $1,000,000 may be credited to this account 
from fees collected for the cost of laboratory accreditation as author-
ized by section 1017 of Public Law 102-237: Provided, That this 
appropriation 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 emplojrment 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 pursu-
ant 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, $794,839,000: 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 
113 STAT. 1146 
PUBLIC LAW 106-78—OCT. 22, 1999 
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 5 U.S.C. 3109. 
STATE MEDIATION GRANTS 
For grants pursuant to section 502(b) of the Agricultural Credit 
Act of 1987 (7 U.S.C. 5101-5106), $3,000,000. 
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 Grovernment, 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, $559,422,000, of which $431,373,000 
shall be for guaranteed loans; operating loans, $2,397,842,000, of 
which $1,697,842,000 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, 
$1,028,000; 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, 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1147 
$7,243,000, of which $2,416,000, shall be for guaranteed loans; 
operating loans, $70,860,000, of which $23,940,000 shall be for 
unsubsidized guaranteed loans and $17,620,000 shall be for sub-
sidized guaranteed loans; Indian tribe land acquisition loans as 
authorized by 25 U.S.C. 488, $21,000; and for emergency insured 
loans, $3,882,000 to meet the needs resulting from natural disasters. 
In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $214,161,000, of 
which $209,861,000 shall be transferred to and merged with the 
appropriation for "Farm Service Agency, Salaries and Expenses". 
Funds appropriated by this Act to the Agricultural Credit Insur-
ance Program Account for farm ownership and operating direct 
loans and guaranteed loans may be transferred among these pro-
grams with the prior approval of the House and Senate Committees 
on Appropriations. 
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 7 U.S.C. 1506(i). 
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 2000, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 
of the Act of August 17, 1961 (15 U.S.C. 713a-ll). 
OPERATIONS AND MAINTENANCE FOR HAZARDOUS WASTE 
MANAGEMENT 
For fiscal year 2000, 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 
Recovery Act, 42 U.S.C. 6961: Provided, That expenses shall be 
113 STAT. 1148 
PUBLIC LAW 106-78—OCT. 22, 1999 
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. 
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 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); operation of conservation 
plant materials centers; classification and mapping of soil; dissemi-
nation 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); purchase and erection 
or alteration 
or improvement of permanent 
and 
temporary 
buildings; and operation and maintenance of aircraft, $661,243,000, 
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 $9,125,000 is for operation and establishment 
of the plant materials centers: Provided, That appropriations here-
under shall be available pursuant to 7 U.S.C. 2250 for construction 
and improvement of buildings and public improvements at plant 
materials centers, except that the cost of alterations and improve-
ments 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 
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). 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1149 
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 5 U.S.C. 3109. 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For necessary expenses to carry out preventive measures, 
including but not limited to research, engineering operations, 
methods of cultivation, the growing of vegetation, rehabilitation 
of existing 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 provi-
sions 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 Department, $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 watersheds 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 avail-
able for technical assistance: Provided further. That this appropria-
tion 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 pur-
poses of the Endangered Species Act of 1973 (Public Law 93-
205), including cooperative efforts as contemplated by that Act 
to relocate endangered or threatened species to other suitable habi-
tats as may be necessary to expedite project construction: Provided 
further. That of the funds available for Emergency Watershed 
Protection activities, $8,000,000 shall be available for Mississippi, 
New Mexico, Ohio, and Wisconsin for financial and technical assist-
ance for pilot rehabilitation projects of small, upstream dams built 
under the Watershed and Flood Prevention Act (16 U.S.C. 1001 
et seq., section 13 of the Act of December 22, 1994; Public Law 
78-534; 58 Stat. 905), and the pilot watershed program authorized 
under the heading "FLOOD PREVENTION" of the Department 
of Agriculture Appropriation Act, 1954 (Public Law 83-156; 67 
Stat. 214). 
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), $35,265,000, 
to remain available until expended (7 U.S.C. 2209b): Provided, 
That this appropriation shall be available for employment pursuant 
69-194 - 01 - 5 : QL 3 Part 2 
113 STAT. 1150 
PUBLIC LAW 106-78—OCT. 22, 1999 
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 5 U.S.C. 3109. 
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. 
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, 1926d, and 1932, except 
for sections 381E-H, 38IN, and 3810 of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 2009f), $718,837,000, to 
remain available until expended, of which $23,150,000 shall be 
for rural community programs described in section 381E(d)(l) of 
such Act; of which $631,088,000 shall be for the rural utilities 
programs described in section 381E(d)(2), 306C(a)(2), and 306D 
of such Act; and of which $64,599,000 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 rural community programs, $6,000,000 shall be available for 
a Rural Community Development Initiative: Provided further, That 
such funds shall be used solely to develop the capacity and ability 
of private, nonprofit community-based housing and community 
development organizations, and low-income rural communities to 
undertake projects to improve housing, community 
facilities, 
community and economic development projects in rural areas: Pro-
vided further, That such funds shall be made available to qualified 
private and public (including tribal) intermediary organizations pro-
posing to carry out a program of technical assistance: Provided 
further. 
That 
such intermediary 
organizations 
shall 
provide 
matching funds from other sources in an amount not less than 
funds provided: Provided further. 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 assistance for rural 
transportation in order to promote economic development: Provided 
further. That of the amount appropriated for rural utilities pro-
grams, not to exceed $20,000,000 shall be for water and waste 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1151 
disposal systems to benefit the Colonias along the United States/ 
Mexico borders, including grants pursuant to section 306C of such 
Act; not to exceed $12,000,000 shall be for water and waste disposal 
systems to benefit Federally Recognized Native American Tribes, 
including grants pursuant to section 306C of such Act: Provided 
further. That the Federally Recognized Native American Tribe is 
not eligible for any other rural utilities programs set aside under 
the Rural Community Advancement Program; not to exceed 
$20,000,000 shall be for water and waste disposal systems for 
rural and native villages in Alaska pursuant to section 306D of 
such Act with up to one percent available to administer the program 
and up to one percent available to improve interagency coordination; 
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 $7,300,000 shall be for contracting with 
qualified national organizations for a circuit rider program to pro-
vide technical assistance for rural water systems: Provided 
further. 
That of the total amount appropriated, not to exceed $45,245,000 
shall be available through June 30, 2000, for authorized empower-
ment zones and enterprise communities and communities des-
ignated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones; of which $34,704,000 shall be for the rural 
utilities programs described in section 381E(d)(2) of such Act; of 
which $8,435,000 shall be for the rural business and cooperative 
development programs described in section 381E(d)(3) of such Act: 
Provided further. That any obligated and unobligated balances 
available from prior years for the "Rural Utilities Assistance Pro-
gram" account shall be transferred to and merged with this account. 
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: $4,300,000,000 for loans to section 502 borrowers, 
as determined by the Secretary, of which $3,200,000,000 shall be 
for unsubsidized guaranteed loans; $32,396,000 for section 504 
housing repair loans; $100,000,000 for section 538 guaranteed 
multi-family housing loans; $25,001,000 for section 514 farm labor 
housing; $114,321,000 for section 515 rental housing; $5,152,000 
for section 524 site loans; $7,503,000 for credit sales of acquired 
property, of which up to $1,250,000 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, 
$113,350,000, of which $19,520,000 shall be for unsubsidized 
guaranteed loans; section 504 housing repair loans, $9,900,000; 
section 538 multi-family housing guaranteed loans, $480,000; sec-
tion 514 farm labor housing, $11,308,000; section 515 rental 
housing, $45,363,000; section 524 site loans, $4,000; credit sales 
of acquired property, $874,000, of which up to $494,250 may be 
for multi-family credit sales; and section 523 self-help housing 
113 STAT. 1152 
PUBLIC LAW 106-78—OCT. 22, 1999 
land development loans, $281,000: Provided, 
That of the total 
amount appropriated in this paragraph, $11,180,000 shall be avail-
able through June 30, 2000, for authorized empowerment zones 
and enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones. 
In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $375,879,000, which 
shall be transferred to and merged with the appropriation for 
"Rural Housing Service, Salaries and Expenses": Provided, That 
of this amount the Secretary of Agriculture may transfer up to 
$7,000,000 to the appropriation for "Outreach for Socially Disadvan-
taged Farmers". 
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, $640,000,000; 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 pa)mrients 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 pur-
chasing projects pursuant to section 502(c)(5)(C) of the Act: Provided 
Contracts. 
further. That agreements entered into or renewed during fiscal 
year 2000 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), $28,000,000, to remain 
available until expended (7 U.S.C. 2209b): Provided, That of the 
total amount appropriated, $1,000,000 shall be available through 
June 30, 2000, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agri-
culture as Rural Economic Area Partnership Zones. 
RURAL HOUSING ASSISTANCE GRANTS 
For grants and contracts for housing for domestic farm labor, 
very low-income housing repair, supervisory and technical assist-
ance, compensation for construction defects, and rural housing 
preservation made by the Rural Housing Service, as authorized 
by 42 U.S.C. 1474, 1479(c), 1486, 1490e, and 1490m, $45,000,000, 
to remain available until expended: Provided, That of the total 
amount appropriated, $1,200,000 shall be available through June 
30, 2000, for authorized empowerment zones and enterprise commu-
nities and communities designated by the Secretary of Agriculture 
as Rural Economic Area Partnership Zones. 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1153 
SALARIES AND EXPENSES 
For necessary expenses of the Rural Housing Service, including 
administering the programs authorized by the Consolidated Farm 
and Rural Development Act, title V of the Housing Act of 1949, 
and cooperative agreements, $61,979,000: Provided, That this 
appropriation shall be available for emplojonent pursuant to the 
second sentence of section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225), and not to exceed $520,000 may be used for employ-
ment under 5 U.S.C. 3109: Provided further, That the Administrator 
may expend not more than $10,000 to provide modest nonmonetary 
awards to non-USDA employees. 
RURAL BUSINESS-COOPERATIVE SERVICE 
RURAL D E V E L O P M E N T LOAN FUND PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For the cost of direct loans, $16,615,000, as authorized by 
the Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided, 
That such costs, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further. That these funds are available to subsidize 
f
ross obligations for the principal amount of direct loans of 
38,256,000: Provided further. That of the total amount appro-
priated, $3,216,000 shall be available through June 30, 2000, for 
the cost of direct loans for authorized empowerment zones and 
enterprise communities and communities designated by the Sec-
retary of Agriculture as Rural Economic Area Partnership Zones. 
In addition, for administrative expenses to carry out the direct 
loan programs, $3,337,000 shall be transferred to and merged with 
the appropriation for "Rural Business-Cooperative Service, Salaries 
and Expenses". 
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT 
(INCLUDING RESCISSION OF FUNDS) 
For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$15,000,000. 
For the cost of direct loans, including the cost of modifying 
loans as defined in section 502 of the Congressional Budget Act 
of 1974, $3,453,000. 
Of the funds derived from interest on the cushion of credit 
payments in fiscal year 2000, as authorized by section 313 of 
the Rural Electrification Act of 1936, $3,453,000 shall not be obli-
gated and $3,453,000 are rescinded. 
RURAL 
COOPERATIVE 
DEVELOPMENT 
GRANTS 
For rural cooperative development grants authorized under 
section 310B(e) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1932), $6,000,000, of which $1,500,000 shall be avail-
able for cooperative agreements for the appropriate technology 
transfer for rural areas program: Provided, That at least 25 percent 
113 STAT. 1154 
PUBLIC LAW 106-78—OCT. 22, 1999 
of the total amount appropriated shall be made available to coopera-
tives or associations of cooperatives that assist small, minority 
producers. 
SALARIES AND EXPENSES 
For necessary expenses of the Rural Business-Cooperative 
Service, including administering the programs authorized by the 
Consolidated Farm and Rural Development Act; section 1323 of 
the Food Security Act of 1985; the Cooperative Marketing Act 
of 1926; for activities relating to the marketing aspects of coopera-
tives, including economic research findings, as authorized by the 
Agricultural Marketing Act of 1946; for activities with institutions 
concerning the development and operation of agricultural coopera-
tives; and for cooperative agreements, $24,612,000: 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 $260,000 may be used for employ-
ment under 5 U.S.C. 3109. 
RURAL UTILITIES SERVICE 
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM 
ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
Insured loans pursuant to the authority of section 305 of the 
Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made 
as follows: 5 percent rural electrification loans, $121,500,000; 5 
percent rural telecommunications loans, $75,000,000; cost of money 
rural telecommunications loans, $300,000,000; municipal rate rural 
electric loans, $295,000,000; and loans made pursuant to section 
306 of that Act, rural electric, $1,700,000,000 and rural tele-
communications, $120,000,000, to remain available until expended. 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, including the cost of modifying loans, of direct 
and guaranteed loans authorized by the Rural Electrification Act 
of 1936 (7 U.S.C. 935 and 936), as follows: cost of direct loans, 
$1,935,000; cost of municipal rate loans, $10,827,000; cost of money 
rural telecommunications loans, $2,370,000: Provided, That not-
withstanding section 305(d)(2) of the Rural Electrification Act of 
1936, borrower interest rates may exceed 7 percent per year. 
In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $31,046,000, which 
shall be transferred to and merged with the appropriation for 
"Rural Utilities Service, Salaries and Expenses". 
RURAL 
TELEPHONE 
BANK 
PROGRAM ACCOUNT 
(INCLUDING 
TRANSFERS 
OF 
FUNDS) 
The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds available to such corpora-
tion in accord with law, and to make such contracts and commit-
ments without regard to fiscal year limitations as provided by 
section 104 of the Government Corporation Control Act, as may 
be necessary in carrying out its authorized programs. During fiscal 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1155 
year 2000 and within the resources and authority available, gross 
obligations for the principal amount of direct loans shall be 
$175,000,000. 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, including the cost of modifying loans, of direct 
loans authorized by the Rural Electrification Act of 1936 (7 U.S.C. 
935), $3,290,000. 
In addition, for administrative expenses necessary to carry 
out the loan programs, $3,000,000, which shall be transferred to 
and merged with the appropriation for "Rural Utilities Service, 
Salaries and Expenses". 
DISTANCE LEARNING AND TELEMEDICINE PROGRAM 
For the cost of direct loans and grants, as authorized by 7 
U.S.C. 950aaa et seq., $20,700,000, to remain available until 
expended, to be available for loans and grants for telemedicine 
and distance learning services in rural areas: Provided, That the 
costs of direct loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974. 
SALARIES AND EXPENSES 
For necessary expenses of the Rural Utilities Service, including 
administering the programs authorized by the Rural Electrification 
Act of 1936, and the Consolidated Farm and Rural Development 
Act, and for cooperative agreements, $34,107,000: 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 $105,000 may be used for employ-
ment under 5 U.S.C. 3109. 
TITLE IV 
DOMESTIC FOOD PROGRAMS 
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND 
CONSUMER SERVICES 
For necessary salaries and expenses of the Office of the Under 
Secretary for Food, Nutrition and Consumer Services to administer 
the laws enacted by the Congress for the Food and Nutrition 
Service, $554,000. 
FOOD AND NUTRITION SERVICE 
CHILD NUTRITION PROGRAMS 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the National School Lunch 
Act (42 U.S.C. 1751 et seq.), except section 21, and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 
17 and 21; $9,554,028,000, to remain available through September 
30, 2001, of which $4,618,829,000 is hereby appropriated and 
$4,935,199,000 shall be derived by transfer from funds available 
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): 
Provided, That, except as specifically provided under this heading, 
none of the funds made available under this heading shall be 
113 STAT. 1156 
PUBLIC LAW 106-78—OCT. 22, 1999 
used for studies and evaluations: Provided further. That of the 
funds made available under this heading, up to $7,000,000 shall 
be for school breakfast pilot projects, including the evaluation 
required under section 18(e) of the National School Lunch Act: 
Provided further, That up to $4,363,000 shall be available for inde-
pendent verification of school food service claims: Provided 
further, 
That none of the funds under this heading shall be available unless 
the value of bonus commodities provided under section 32 of the 
Act of August 24, 1935 (49 Stat. 774, chapter 641; 7 U.S.C. 612c), 
and section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) 
is included in meeting the minimum commodity assistance require-
ment of section 6(g) of the National School Lunch Act (42 U.S.C. 
1755(g)). 
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 
AND CHILDREN (WIC) 
For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $4,032,000,000, to remain available 
through September 30, 2001: Provided, That none of the funds 
made available under this heading shall be used for studies and 
evaluations: Provided further, That of the total amount available, 
the Secretary shall obligate $10,000,000 for the farmers' market 
nutrition program within 45 days of the enactment of this Act, 
and an additional $5,000,000 for the farmers' market nutrition 
program from any funds not needed to maintain current caseload 
levels: Provided further. That none of the funds in this Act shall 
be available to pay administrative expenses of WIC clinics except 
those that have an announced policy of prohibiting smoking within 
the space used to carry out the program: Provided further. That 
none of the funds provided in this account shall be available for 
the purchase of infant formula except in accordance with the cost 
containment and competitive bidding requirements specified in sec-
tion 17 of the Child Nutrition Act of 1966: Provided further. That 
none of the funds provided shall be available for activities that 
are not fully reimbursed by other Federal Government departments 
or agencies unless authorized by section 17 of the Child Nutrition 
Act of 1966. 
FOOD STAMP PROGRAM 
For necessary expenses to carry out the Food Stamp Act (7 
U.S.C. 2011 et seq.), $21,071,751,000, of which $100,000,000 shall 
be placed in reserve for use only in such amounts and at such 
times as may become necessary to carry out program operations: 
Provided, That none of the funds made available under this heading 
shall be used for studies and evaluations: Provided further. That 
funds provided herein shall be expended in accordance with section 
16 of the Food Stamp Act: Provided further. That this appropriation 
shall be subject to any work registration or workfare requirements 
as may be required by law: Provided further. That funds made 
available for Employment and Training under this heading shall 
remain available until expended, as authorized by section 16(h)(1) 
of the Food Stamp Act. 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1157 
COMMODITY ASSISTANCE PROGRAM 
For necessary expenses to carry out the commodity supple-
mental food program as authorized by section 4(a) of the Agriculture 
and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the 
Emergency Food Assistance Act of 1983, $133,300,000, to remain 
available through September 30, 2001: Provided, That none of these 
funds shall be available to reimburse the Commodity Credit Cor-
poration for commodities donated to the program. 
FOOD DONATIONS PROGRAMS 
For necessary expenses to carry out section 4(a) of the Agri-
culture and Consumer Protection Act of 1973; special assistance 
for the nuclear affected islands as authorized by section 103(h)(2) 
of the Compacts of Free Association Act of 1985, as amended; 
and section 311 of the Older Americans Act of 1965, $141,081,000, 
to remain available through September 30, 2001. 
FOOD PROGRAM ADMINISTRATION 
For necessary administrative expenses of the domestic food 
programs funded under this Act, $111,561,000, of which $5,000,000 
shall be available only for simplifying procedures, reducing overhead 
costs, tightening regulations, improving food stamp coupon han-
dling, and assisting in the prevention, identification, and prosecu-
tion of fraud and other violations of law and of which not less 
than $3,000,000 shall be available to improve integrity in the Food 
Stamp and Child Nutrition programs: Provided, That this appro-
priation 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 $150,000 shall be available for employment 
under 5 U.S.C. 3109. 
TITLE V 
FOREIGN ASSISTANCE AND RELATED PROGRAMS 
FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES MANAGER 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 
(7 U.S.C. 1761-1768), market development activities abroad, and 
for enabling the Secretary to coordinate and integrate activities 
of the Department in connection with foreign agricultural work, 
including not to exceed $128,000 for representation allowances and 
for expenses pursuant to section 8 of the Act approved August 
3, 1956 (7 U.S.C. 1766), $109,203,000: Provided, That the Service 
may utilize advances of funds, or reimburse this appropriation 
for expenditures made on behalf of Federal agencies, public and 
private organizations and institutions under agreements executed 
pursuant to the agricultural food production assistance programs 
(7 U.S.C. 1737) and the foreign assistance programs of the United 
States Agency for International Development. 
None of the funds in the foregoing paragraph shall be available 
to promote the sale or export of tobacco or tobacco products. 
113 STAT. 1158 
PUBLIC LAW 106-78—OCT. 22, 1999 
PUBLIC LAW 4 8 0 PROGRAM AND GRANT ACCOUNTS 
(INCLUDING TRANSFERS OF FUNDS) 
For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance 
Act of 1954 (7 U.S.C. 1691, 1701-1704, 1721-1726a, 1727-1727e, 
1731-1736g-3, and 1737), as follows: (1) $155,000,000 for Public 
Law 480 title I credit, including Food for Progress programs; (2) 
$21,000,000 is hereby appropriated for ocean freight differential 
costs for the shipment of agricultural commodities pursuant to 
title I of said Act and the Food for Progress Act of 1985; and 
(3) $800,000,000 is hereby appropriated for commodities supplied 
in connection with dispositions abroad pursuant to title II of said 
Act: Provided, That not to exceed 15 percent of the funds made 
available to carry out any title of said Act may be used to carry 
out any other title of said Act: Provided further. That such sums 
shall remain available until expended (7 U.S.C. 2209b). 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of direct credit agreements as authorized by 
the Agricultural Trade Development and Assistance Act of 1954, 
and the Food for Progress Act of 1985, including the cost of modi-
fying credit agreements under said Act, $127,813,000. 
In addition, for administrative expenses to carry out the Public 
Law 480 title I credit program, and the Food for Progress Act 
of 1985, to the extent funds appropriated for Public Law 480 are 
utiHzed, $1,850,000, of which $1,035,000 may be transferred to 
and merged with the appropriation for "Foreign Agricultural Service 
and General Sales Manager" and $815,000 may be transferred 
to and merged with the appropriation for "Farm Service Agency, 
Salaries and Expenses". 
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, 
$3,820,000; to cover common overhead expenses as permitted by 
section 11 of the Commodity Credit Corporation Charter Act and 
in conformity with the Federal Credit Reform Act of 1990, of which 
$3,231,000 may be transferred to and merged with the appropriation 
for "Foreign A^icultural Service and General Sales Manager" and 
$589,000 may be transferred to and merged with the appropriation 
for "Farm Service Agency, Salaries and Expenses". 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1159 
TITLE VI 
RELATED AGENCIES AND FOOD AND DRUG 
ADMINISTRATION 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
FOOD AND DRUG ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for pay-
ment of space rental and related costs pursuant to Public Law 
92-313 for programs and activities of the Food and Drug Adminis-
tration which are included in this Act; for rental of special purpose 
space in the District of Columbia or elsewhere; and for miscella-
neous and emergency expenses of enforcement activities, authorized 
and approved by the Secretary and to be accounted for solely 
on the Secretary's certificate, not to exceed $25,000; $1,186,072,000, 
of which not to exceed $145,434,000 in prescription drug user fees 
authorized by 21 U.S.C. 379(h) may be credited to this appropriation 
and remain available until expended: Provided, That fees derived 
from applications received during fiscal year 2000 shall be subject 
to the fiscal year 2000 limitation: Provided further. That none 
of these funds shall be used to develop, establish, or operate any 
program of user fees authorized by 31 U.S.C. 9701: Provided further. 
That of the total amount appropriated: (1) $269,245,000 shall be 
for the Center for Food Safety and Applied Nutrition and related 
field activities in the Office of Regulatory Affiairs; (2) $309,026,000 
shall be for the Center for Drug Evaluation and Research and 
related field activities in the Office of Regulatory Affairs, of which 
no less than $11,542,000 shall be available for grants and contracts 
awarded under section 5 of the Orphan Drug Act (21 U.S.C. 360ee); 
(3) $132,092,000 shall be for the Center for Biologies Evaluation 
and Research and for related field activities in the Office of Regu-
latory Affairs; (4) $48,821,000 shall be for the Center for Veterinary 
Medicine and for related field activities in the Office of Regulatory 
Aff"airs; (5) $154,271,000 shall be for the Center for Devices and 
Radiological Health and for related field activities in the Office 
of Regulatory Affairs, of which $1,000,000 shall be for premarket 
review, enforcement and oversight activities related to users and 
manufacturers of all reprocessed medical devices as authorized 
by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et 
seq.), and of which no less than $55,500,000 and 522 full-time 
equivalent positions shall be for premarket application review 
activities to meet statutory review times; (6) $34,536,000 shall 
be for the National 
Center for Toxicological Research; (7) 
$34,000,000 shall be for the Office of Tobacco; (8) $25,855,000 
shall be for Rent and Related activities, other than the amounts 
paid to the General Services Administration; (9) $100,180,000 shall 
be for payments to the General Services Administration for rent 
and related costs; and (10) $78,046,000 shall be for other activities, 
including the Office of the Commissioner; the Office of Policy; the 
Office of the Senior Associate Commissioner; the Office of Inter-
national and Constituent Relations; the Office of Policy, Legislation, 
and Planning; and central services for these offices: Provided fur-
ther, That funds may be transferred from one specified activity 
113 STAT. 1160 
PUBLIC LAW 106-78—OCT. 22, 1999 
7 u s e 4a note. 
Contracts. 
7 u s e 1623a. 
to another with the prior approval of the Committee on Appropria-
tions of both Houses of Congress. 
In addition, mammography user fees authorized by 42 U.S.C. 
263(b) may be credited to this account, to remain available until 
expended. 
In addition, export certification user fees authorized by 21 
U.S.C. 381 may be credited to this account, to remain available 
until expended. 
BUILDINGS AND FAeiLITIES 
For plans, construction, repair, improvement, extension, alter-
ation, and purchase of fixed equipment or facilities of or used 
by the Food and Drug Administration, where not otherwise pro-
vided, $11,350,000, to remain available until expended (7 U.S.C. 
2209b). 
INDEPENDENT AGENCIES 
COMMODITY FUTURES TRADING COMMISSION 
For necessary expenses to carry out the provisions of the Com-
modity Exchange Act (7 U.S.C. 1 et seq.), including the purchase 
and hire of passenger motor vehicles; the rental of space (to include 
multiple year leases) in the District of Columbia and elsewhere; 
and not to exceed $25,000 for employment under 5 U.S.C. 3109, 
$63,000,000, including not to exceed $1,000 for official reception 
and representation expenses: Provided, That for fiscal year 2000 
and thereafter, 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 appro-
priation. 
FARM CREDIT ADMINISTRATION 
LIMITATION O N ADMINISTRATIVE EXPENSES 
Not to exceed $35,800,000 (from assessments collected 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: Pro-
vided, That this limitation shall not apply to expenses associated 
with receiverships. 
TITLE VII—GENERAL PROVISIONS 
SEO. 701. Within the unit limit of cost fixed by law, appropria-
tions and authorizations made for the Department of Agriculture 
for the fiscal year 2000 under this Act shall be available for the 
purchase, in addition to those specifically provided for, of not to 
exceed 365 passenger motor vehicles, of which 361 shall be for 
replacement only, and for the hire of such vehicles. 
SEO. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor 
as authorized by law (5 U.S.C. 5901-5902). 
SEC. 703. Not less than $1,500,000 of the appropriations of 
the Department of Agriculture in this Act for research and service 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1161 
work authorized by the Acts of August 14, 1946, and July 28, 
1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 of title 
31, United States Code, shall be available for contracting in accord-
ance 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 
Capital Fund without the approval of the agency administrator. 
SEC. 705. New obligational authority provided for the following 
7 USC 2209b. 
appropriation items in this Act shall remain available until 
expended: Animal and Plant Health Inspection Service, the contin-
gency fund to meet emergency conditions, fruit fly program, 
integrated systems acquisition project, boll weevil program, up to 
10 percent of the screwworm program, and up to $2,000,000 for 
costs associated with colocating regional offices; Food Safety and 
Inspection Service, field automation and information management 
project; funds appropriated for rental pa3anents; Cooperative State 
Research, Education, and Extension Service, funds for competitive 
research grants (7 U.S.C. 450i(b)) and funds for the Native Amer-
ican Institutions Endowment Fund; Farm Service Agency, salaries 
and expenses funds made available to county committees; and For-
eign Agricultural Service, middle-income country training program. 
SEC. 706, No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 707. Not to exceed $50,000 of the appropriations available 
to the Department of Agriculture in this Act shall be available 
to provide appropriate orientation and 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 institutions in excess of 10 percent 
of the total direct cost of the agreement when the purpose of 
such cooperative arrangements is to carry out programs of mutual 
interest between the two parties. This does not preclude appropriate 
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis 
for all agencies for which appropriations are provided in this Act. 
SEC. 709. Notwithstanding any other provision of this Act, 7 USC 6l2c note, 
commodities acquired by the Department in connection with the 
Commodity Credit Corporation and section 32 price support oper-
ations may be used, as authorized by law (15 U.S.C. 714c and 
7 U.S.C. 612c), to provide commodities to individuals in cases of 
hardship as determined by the Secretary of Agriculture. 
SEC. 710. None of the funds in this Act shall be available 
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 Agriculture when such space will 
be jointly occupied. 
SEC. 711. None of the funds in this Act shall be available 
to pay indirect costs charged against competitive agricultural 
research, education, or extension grant awards issued by the 
Cooperative State Research, Education, and Extension Service that 
exceed 19 percent of total Federal fiinds provided under each award: 
113 STAT. 1162 
PUBLIC LAW 106-78—OCT. 22, 1999 
Provided, That notwithstanding section 1462 of the National Agri-
cultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3310), funds provided by this Act for grants awarded 
competitively by the Cooperative State Research, Education, and 
Extension Service shall be available to pay full allowable indirect 
costs for each grant awarded under the Small Business Innovation 
Development Act of 1982, Public Law 97-219 (15 U.S.C. 638). 
SEC. 712. Notwithstanding any other provision of this Act, 
all loan levels provided in this Act shall be considered estimates, 
not limitations. 
Effective date. 
SEC. 713. Notwithstanding any other provision of law, effective 
on September 29, 1999, appropriations made available to the Rural 
Housing Insurance Fund Program Account for the costs of direct 
and guaranteed loans and to the Rural Housing Assistance Grants 
Account in fiscal years 1994, 1995, 1996, 1997, 1998, and 1999 
shall remain available until expended to cover obligations made 
in each of those fiscal years respectively with regard to each account. 
SEC. 714. Appropriations to the Department of Agriculture for 
the cost of direct and guaranteed loans made available in fiscal 
year 2000 shall remain available until expended to cover obligations 
made in fiscal year 2000 for the following accounts: the rural 
development loan fund program account; the Rural Telephone Bank 
program account; the rural electrification and telecommunications 
loans program account; the Rural Housing Insurance Fund Program 
Account; and the rural economic development loans program 
account. 
SEC. 715. Such sums as may be necessary for fiscal year 2000 
pay raises for programs funded by this Act shall be absorbed within 
the levels appropriated by this Act. 
SEC. 716. Notwithstanding the Federal Grant and Cooperative 
Agreement Act, marketing services of the Agricultural Marketing 
Service; Grain Inspection, Packers and Stockyards Administration; 
the Animal and Plant Health Inspection Service; and the food 
safety activities of the Food Safety and Inspection Service may 
use cooperative agreements to reflect a relationship between the 
Agricultural Marketing Service; the Grain Inspection, Packers and 
Stockyards Administration; the Animal and Plant Health Inspection 
Service; or the Food Safety and Inspection Service and a State 
or Cooperator to carry out agricultural marketing programs, to 
carry out programs to protect the Nation's animal and plant 
resources, or to carry out educational programs or special studies 
to improve the safety of the Nation's food supply. 
SEC. 717. Notwithstanding any other provision of law (including 
provisions of law requiring competition), the Secretary may enter 
into cooperative agreements (which may provide for the acquisition 
of goods or services, including personal services) with a State, 
political subdivision, or agency thereof, a public or private agency, 
organization, or any other person, if the Secretary determines that 
the objectives of the agreement will: (1) serve a mutual interest 
of the parties to the agreement in carr3dng out the Wetlands Reserve 
Program; and (2) all parties will contribute resources to the accom-
plishment of these objectives: Provided, That Commodity Credit 
Corporation funds obligated for such purposes shall not exceed 
the level obligated by the Commodity Credit Corporation for such 
purposes in fiscal year 1998. 
SEC. 718. 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 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1163 
Bank or to maintain any account or subaccount within the 
accounting records of the Rural Telephone 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 transfer to the Treasury or to the Federal Financing Bank 
any unobligated balance of the Rural Telephone Bank telephone 
liquidating account which is in excess of current requirements and 
such balance shall receive interest as set forth for financial accounts 
in section 505(c) of the Federal Credit Reform Act of 1990. 
SEC. 719. Of the funds made available by this Act, not more 
than $1,800,000 shall be used to cover necessary expenses of activi-
ties related to all advisory committees, panels, commissions, and 
task forces of the Department of Agriculture, except for panels 
used to comply with negotiated rule makings and panels used 
to evaluate competitively awarded grants: Provided, That inter-
agency funding is authorized to carry out the purposes of the 
National Drought Policy Commission. 
SEC. 720. None of the funds appropriated by this Act may 
be used to carry out the provisions of section 918 of Public Law 
104-127, the Federal Agriculture Improvement and Reform Act. 
SEC. 721. No employee of the Department of Agriculture 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 individual'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 otherwise made 
available to the Department of Agriculture shall be used to transmit 
or otherwise make available to any non-Department of Agriculture 
employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process. 
SEC. 723. None of the funds made available to the Department 
of Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the 
Office of the Chief Information Officer, without the approval of 
the Chief Information Officer and the concurrence of the Executive 
Information Technology Investment Review Board: Provided, That 
notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available by this Act may be trans-
ferred to the Office of the Chief Information Officer without the 
prior approval of the Committee on Appropriations of both Houses 
of Congress. 
SEC. 724. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this 
Act that remain available for obligation or expenditure in fiscal 
year 2000, or provided fi-om 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) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions or activities 
presently performed by Federal employees; unless the Committee 
Notification. 
113 STAT. 1164 
PUBLIC LAW 106-78—OCT. 22, 1999 
on Appropriations of both Houses of Congress are notified 15 days 
in advance of such reprogramming of funds. 
(b) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 
2000, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
for activities, programs, or projects through a reprogramming of 
funds in excess of $500,000 or 10 percent, whichever is less, that: 
(1) augments existing programs, projects, or activities; (2) 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 programs, activities. 
Notification. 
or projects as approved by Congress; unless the Committee on 
Appropriations of both Houses of Congress are notified 15 days 
in advance of such reprogramming of funds. 
SEC. 725. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to pay the 
salaries and expenses of personnel to carry out the transfer or 
obligation of fiscal year 2000 funds under the provisions of section 
793 of Public Law 104-127. 
SEC. 726. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and expenses 
of personnel who carry out an environmental quality incentives 
program authorized by sections 334-341 of Public Law 104-127 
in excess of $174,000,000. 
7 use 7218 note. 
SEC. 727. None of the funds appropriated or otherwise available 
to the Department of Agriculture in fiscal year 2000 or thereafter 
may be used to administer the 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. 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 150,000 acres in the fiscal year 
2000 wetlands reserve program as authorized by 16 U.S.C. 3837. 
SEC. 729. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out the transfer or obligation 
of fiscal year 2000 funds under the provisions of section 401 of 
Public Law 105-185, the Initiative for Future Agriculture and Food 
Systems. 
7 use 2009 note. 
SEC. 730. Notwithstanding section 381A of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 2009), in fiscal year 
2000 and thereafter, the definitions of rural areas for certain busi-
ness 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. 731. None of the funds appropriated or otherwise made 
available by this Act shall be used to carry out any commodity 
purchase program that would prohibit eligibility or participation 
by farmer-owned cooperatives. 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1165 
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 a conservation farm option program, 
as authorized by section 335 of Public Law 104-127. 
SEC. 733. 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, or the Food and 
Drug Administration Detroit, Michigan, District Office Laboratory; 
or to reduce the Detroit, Michigan, Food and Drug Administration 
District Office below the operating and full-time equivalent staffing 
level of July 31, 1999; or to change the Detroit District Office 
to a station, residence post or similarly modified office; or to reassign 
residence posts assigned to the Detroit District Office. 
SEC. 734. None of the funds made available by this Act or 7 USC 1622 note, 
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. 735. 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 users fees proposals are not enacted prior 
to the date of the convening of a committee of conference for 
the fiscal year 2001 appropriations Act. 
SEC. 736. 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 Com-
mittee on Appropriations of both Houses of Congress. 
SEC. 737. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to carry out provision 
of section 612 of Public Law 105-185. 
SEC. 738. 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 (7 U.S.C. 2036(a)) 
if such program exceeds $98,000,000. 
SEC. 739. None of the funds appropriated by this Act shall 
be used to propose or issue rules, regulations, decrees, or orders 
for 
the 
purpose 
of implementation, 
or 
in 
preparation 
for 
implementation of the Kyoto Protocol which was adopted on 
December 11, 1997, in Kyoto, Japan. 
113 STAT. 1166 
PUBLIC LAW 106-78—OCT. 22, 1999 
16 u s e 590h 
note. 
Deadline. 
Contracts. 
Hawaii. 
Mail. 
Termination 
date. 
Deadline. 
SEC. 740. Notwithstanding any other provision of law, in fiscal 
year 2000 and thereafter, permanent employees of county commit-
tees employed on or after October 1, 1998, pursuant to 8(b) of 
the Soil Conservation and Domestic Allotment Act (16 U.S.C. 
590h(b)) shall be considered as having Federal Civil Service status 
only for the purpose of applying for United States Department 
of Agriculture Civil Service vacancies. 
SEC. 741. None of the funds appropriated or otherwise made 
available by this Act may be used to declare excess or surplus 
all or part of the lands and facilities owned by the Federal Govern-
ment and administered by the Secretary of Agriculture at Fort 
Reno, Oklahoma, or to transfer or convey such lands or facilities, 
without the specific authorization of Congress. 
SEC. 742. Notwithstanding any other provision of law, the 
Chief of the Natural Resources Conservation Service shall provide 
funds, within discretionary amounts available, for the settlement 
of claims associated with the Chuquatonchee Watershed Project 
in Mississippi to close out this project. 
SEC. 743. (a) Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Agriculture shall offer to 
enter into an agreement with the Governor of the State of Hawaii 
to conduct a pilot program to inspect mail entering the State of 
Hawaii for any plant, plant product, plant pest, or other organism 
that is subject to Federal quarantine laws. 
(b) The agreement described in subsection (a) shall contain 
the same terms and conditions as are contained in the memorandum 
of understanding entered into between the Secretary and the State 
of California, dated February 1, 1999, unless the Secretary £uid 
the Governor agree to different terms or conditions. 
(c) Unless the Secretary and the Governor agree otherwise, 
the agreement described in subsection (b) shall terminate on the 
later of— 
(1) the date that is 1 year after the date the agreement 
becomes effective; or 
(2) the date that the February 1, 1999 memorandum of 
understanding terminates. 
SEC. 744. Notwithstanding any other provision of law, the 
Secretary is authorized under section 306 of the Consolidated Farm 
and Rural Development Act, as amended (7 U.S.C. 1926), to provide 
guaranteed lines of credit, including working capital loans, for 
health care facilities, to address Year 2000 computer conversion 
issues. 
SEC. 745. After taking any action involving the seizure, quar-
antine, treatment, destruction, or disposal of wheat infested with 
kamal bunt, the Secretary of Agriculture shall compensate the 
producers and handlers for economic losses incurred as the result 
of the action not later than 45 days after receipt of a claim that 
includes all appropriate paperwork. 
SEC. 746. In addition to amounts otherwise appropriated or 
made available by this Act, $2,000,000 is appropriated for the 
purpose of providing Bill Emerson and Mickey Leland Hunger 
Fellowships through the Congressional Hunger Center, which is 
an organization described in subsection (c)(3) of section 501 of 
the Internal Revenue Code of 1986 and is exempt from taxation 
under subsection (a) of such section. 
SEC. 747. Notwithstanding any other provision of law, there 
are hereby appropriated $250,000 for the program authorized under 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1167 
section 388 of the Federal Agriculture Improvement and Reform 
Act of 1996, solely for use in the State of New Hampshire. 
SEC. 748. The Immigration and Nationality Act (8 U.S.C. 1188 
et seq.) is amended— 
(1) in section 218(c)(1) by striking "60 days" and inserting 
8USC 1188. 
"45 days"; and 
(2) in section 218(c)(3)(A) by striking "20 days" and 
inserting "30 days". 
SEC. 749. SuccEssoRSHip PROVISIONS RELATING TO BARGAINING 
UNITS AND EXCLUSIVE REPRESENTATIVES, (a) VOLUNTARY AGREE-
MENT.— 
(1) IN GENERAL.—If the exercise of the Secretary of Agri-
culture's authority under this section results in changes to 
an existing bargaining unit that has been certified under 
chapter 71 of title 5, United States Code, the affected parties 
shall attempt to reach a voluntary agreement on a new bar-
gaining unit and an exclusive representative for such unit. 
(2) CRITERIA.—In carrying out the requirements of this 
subsection, the affected parties shall use criteria set forth in— 
(A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 
of title 5, United States Code, relating to determining an 
exclusive representative; and 
(B) section 7112 of title 5, United States Code (dis-
regarding subsections (b)(5) and (d) thereof), relating to 
determining appropriate units. 
(b) EFFECT OF AN AGREEMENT.— 
(1) IN GENERAL.—If the affected parties reach agreement 
Certification, 
on the appropriate unit and the exclusive representative for 
such unit under subsection (a), the Federal Labor Relations 
Authority shall certify the terms of such agreement, subject 
to paragraph (2)(A). Nothing in this subsection shall be consid-
ered to require the holding of any hearing or election as a 
condition for certification. 
(2) RESTRICTIONS.— 
(A) CONDITIONS REQUIRING NONCERTIFICATION.—^The 
Federal Labor Relations Authority may not certify the 
terms of an agreement under paragraph (1) if— 
(i) it determines that any of the criteria referred 
to in subsection (a)(2) (disregarding section 7112(a) 
of title 5, United States Code) have not been met; 
or 
(ii) after the Secretary's exercise of authority and 
before certification under this section, a valid election 
under section 7111(b) of title 5, United States Code, 
is held covering any employees who would be included 
in the unit proposed for certification. 
(B) TEMPORARY WAIVER OF PROVISION THAT WOULD BAR 
AN ELECTION AFTER A COLLECTIVE BARGAINING AGREEMENT 
IS REACHED.—^Nothing in section 7111(f)(3) of title 5, United 
States Code, shall prevent the holding of an election under 
section 7111(b) of such title that covers employees within 
a unit certified under paragraph (1), or giving effect to 
the results of such an election (including a decision not 
to be represented by any labor organization), if the election 
is held before the end of the 12-month period beginning 
on the date such unit is so certified. 
113 STAT. 1168 
PUBLIC LAW 106-78—OCT. 22, 1999 
(C) CLARIFICATION.—The certification of a unit under 
paragraph (1) shall not, for purposes of the last sentence 
of section 7111(b) of title 5, United States Code, or section 
7111(f)(4) of such title, be treated as if it had occurred 
pursuant to an election. 
(3) DELEGATION.— 
(A) IN GENERAL.—The 
Federal 
Labor 
Relations 
Authority may delegate to any regional director (as referred 
to in section 7105(e) of title 5, United States Code) its 
authority under the preceding provisions of this subsection. 
(B) REVIEW.—^Any action taken by a regional director 
under subparagraph (A) shall be subject to review under 
the provisions of section 7105(f) of title 5, United States 
Code, in the same manner as if such action had been 
taken under section 7105(e) of such title, except that in 
the case of a decision not to certify, such review shall 
be required if application therefore is filed by an affected 
party within the time specified in such provisions. 
(c) DEFINITION.—For purposes of this section, the term "affected 
party" means— 
(1) with respect to an exercise of authority by the Secretary 
of Agriculture under this section, any labor organization 
affected thereby; and 
(2) the Department of Agriculture. 
SEC. 750. None of the funds appropriated or otherwise made 
available by this Act or any other Act shall be used for the 
implementation of a Support Services Bureau or similar organiza-
tion. 
SEC. 751. CONTRACTS FOR PROCUREMENT OR PROCESSING OF 
CERTAIN COMMODITIES, (a) DEFINITIONS.—In this section: 
(1) 
HUBZONE 
SOLE 
SOURCE 
CONTRACT.—^The 
term 
"HUBZone sole source contract" means a sole source contract 
authorized by section 31 of the Small Business Act (15 U.S.C. 
657a). 
(2) HUBZONE PRICE EVALUATION PREFERENCE.—^The term 
"HUBZone price evaluation preference" means a price evalua-
tion preference authorized by section 31 of the Small Business 
Act (15 U.S.C. 657a). 
(3) QUALIFIED HUBZONE SMALL BUSINESS CONCERN.—The 
term "qualified HUBZone small business concern" has the 
meaning given the term in section 3(p) of the Small Business 
Act (15 U.S.C. 632(p)). 
(4) COVERED PROCUREMENT.—^The term "covered procure-
ment" means a contract for the procurement or processing 
of a commodity furnished under title II or III of the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 
et seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Food for Progress Act of 1985 (7 U.S.C. 1736o), 
or any other commodity procurement or acquisition by the 
Commodity Credit Corporation under any other law. 
(b) PROHIBITION OF USE OF FUNDS.—None of the funds made 
available by this Act may be used: 
(1) to award a HUBZone sole source contract or a contract 
awarded through full and open competition in combination 
with a HUBZone price evaluation preference to any qualified 
HUBZone small business concern in any covered procurement 
if performance of the contract by the business concern would 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1169 
exceed the production capacity of the business concern or would 
require the business concern to subcontract to any other com-
pany or enterprise for the purchase of the commodity being 
procured through the covered procurement; and 
(2) in any contract awarded through full and open competi-
tion in any covered procurement— 
(A) to fund a price evaluation preference greater than 
5 percent if the dollar value of the contract awarded is 
not greater than 50 percent of the total dollar value being 
procured in a single tender for a commodity; or 
(B) to fund any price evaluation preference at all if 
the dollar value of the contract awarded is greater than 
50 percent of the total dollar value being procured in a 
single tender for a commodity. 
SEC. 752. REDESIGNATION OF NATIONAL SCHOOL LUNCH ACT 
AS RICHARD B . RUSSELL NATIONAL SCHOOL LUNCH ACT. (a) IN 
GENERAL.—The first section of the National School Lunch Act (42 
U.S.C. 1751 note) is amended by striking "National School Lunch 
Act" and inserting "Richard B. Russell National School Lunch Act". 
(b) CONFORMING AMENDMENTS.—The following provisions of law 
are amended by striking "National School Lunch Act" each place 
it appears and inserting "Richard B. Russell National School Lunch 
Act": 
(1) Sections 3 and 13(3)(A) of the Commodity Distribution 
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c 
note; Public Law 100-237). 
(2) Section 404 of the Agricultural Act of 1949 (7 U.S.C. 
1424). 
(3) Section 201(a) of the Act entitled "An Act to extend 
the Agricultural Trade Development and Assistance Act of 1954, 
and for other purposes", approved September 21, 1959 (7 U.S.C. 
1431c(a);73Stat. 610). 
(4) Section 211(a) of the Agricultural Trade Suspension 
Adjustment Act of 1980 (7 U.S.C. 4004(a)). 
(5) Section 245A(h)(4)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1255a(h)(4)(A)). 
(6) Sections 403(c)(2)(C), 422(b)(3), 423(d)(3), 741(a)(1), and 
742 of the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1613(c)(2)(C), 1632(b)(3), 1183a 
note, 42 U.S.C. 1751 note, 8 U.S.C. 1615; Public Law 104-
193). 
(7) Section 2243(b) of title 10, United States Code. 
(8) Sections 404B(g)( 1)(A), 404D(c)(2), and 404F(a)(2) of 
the Higher Education Act of 1965 (20 U.S.C. 1070a-22(g)(l)(A), 
1070a-24(c)(2), 1070a-26(a)(2); Public Law 105-244). 
(9) Section 231(d)(3)(A)(i) of the Carl D. Perkins Vocational 
Education Act (20 U.S.C. 2341(d)(3)(A)(i)). 
(10) Section 1113(a)(5) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6313(a)(5)). 
(11) Section 1397E(d)(4)(A)(iv)(II) of the Internal Revenue 
Code of 1986. 
26 USC :i397E. 
(12) Sections 254(b)(2)(B) and 263(a)(2)(C) of the Job 
Training 
Partnership 
Act 
(29 
U.S.C. 
1633(b)(2)(B), 
1643(a)(2)(C)). 
(13) Section 3803(c)(2)(C)(xiii) of title 31, United States 
Code. 
113 STAT. 1170 
PUBLIC LAW 106-78—OCT. 22, 1999 
(14) Section 602(d)(9)(A) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 474(d)(9)(A)). 
(15) Sections 2(4), 3(1), and 301 of the Healthy Meals 
for Healthy Americans Act of 1994 (42 U.S.C. 1751 note; Public 
Law 103-448). 
(16) Sections 3, 4, 7, 10, 13, 16(b), 17, and 19(d) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1772, 1773, 1776, 1779, 
1782, 1785(b), 1786, 1788(d)). 
(17) Section 6580(b)(3) of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858m(b)(3)). 
(18) Subsection (b) of the first section of Public Law 87-
688 (48 U.S.C. 1666(b)). 
(19) Section 10405(a)(2)(H) of the Omnibus Budget Rec-
onciliation Act of 1989 (Public Law 101-239; 103 Stat. 2489). 
SEC. 753. Public Law 105-199 (112 Stat. 641) is amended 
in section 3(b)(1)(G) by striking "persons" and inserting "governors, 
who may be represented on the Commission by their respective 
designees,". 
SEC. 754. Section 889 of the Federal Agriculture Improvement 
42 use 5121 
and Reform Act of 1996 is amended— 
note. 
(1) in the heading, by inserting "HARRY K. DUPREE" 
before "STUTTGART"; 
(2) in subsection (b)( 1)— 
(A) in the heading, by inserting "HARRY K. DUPREE" 
before "STUTTGART"; and 
(B) in subparagraphs (A) and (B), by inserting "Harry 
K. 
Dupree" 
before 
"Stuttgart 
National 
Aquaculture 
Research Center" each place it appears. 
SEC. 755. 
TOBACCO LEASING AND INFORMATION, (a) 
CROSS-
COUNTY LEASING.—Section 319(1) of the Agricultural Adjustment 
Act of 1938 (7 U.S.C. 1314e(l)) is amended in the second sentence 
by inserting ", Ohio, Indiana, Kentucky," after "Tennessee". 
(b) TOBACCO PRODUCTION AND MARKETING INFORMATION.—Part 
I of subtitle B of title III of the Agricultural Adjustment Act of 
1938 (7 U.S.C. 1311 et seq.) is amended by adding at the end 
the following: 
7 use 1314J. 
«SEC. 320D. TOBACCO PRODUCTION AND MARKETING INFORMATION. 
"(a) IN GENERAL.—Notwithstanding any other provision of law, 
the Secretary may, subject to subsection (b), release marketing 
information submitted by persons relating to the production and 
marketing of tobacco to State trusts or similar organizations 
engaged in the distribution of national trust funds to tobacco pro-
ducers and other persons with interests associated with the produc-
tion of tobacco, as determined by the Secretary. 
"(b) LIMITATIONS.— 
"(1) IN GENERAL.—Information may be released under sub-
section (a) only to the extent that— 
"(A) the release is in the interest of tobacco producers, 
as determined by the Secretary; and 
"(B) the information is released to a State trust or 
other organization that is created to, or charged with, 
distributing funds to tobacco producers or other parties 
with an interest in tobacco production or tobacco farms 
under a national or State trust or settlement. 
"(2) EXEMPTION FROM RELEASE.—^The Secretary shall, to 
the maximum extent practicable, in advance of making a 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1171 
release of information under subsection (a), allow, by announce-
ment, a period of at least 15 days for persons whose consent 
would otherwise be required by law to effectuate the release, 
to elect to be exempt from the release. 
"(c) ASSISTANCE.— 
"(1) IN GENERAL.—In making a release under subsection 
(a), the Secretary may provide such other assistance with 
respect to information released under subsection (a) as will 
facilitate the interest of producers in receiving the funds that 
are the subject of a trust described in subsection (a). 
"(2) FUNDS.—The Secretary shall use amounts made avail-
able for salaries and expenses of the Department to carry 
out paragraph (1). 
"(d) RECORDS.— 
"(1) IN GENERAL.—^A person who obtains 
information 
described in subsection (a) shall maintain records that are 
consistent with the purposes of the release and shall not use 
the records for any purpose not authorized under this section. 
"(2) PENALTY.—^A person who knowingly violates this sub-
section shall be fined not more than $10,000, imprisoned not 
more than 1 year, or both. 
"(e) APPLICATION.—^This section shall not apply to— 
"(1) records submitted by cigarette manufacturers with 
respect to the production of cigarettes; 
"(2) records that were submitted as expected purchase 
intentions in connection with the establishment of national 
tobacco quotas; or 
"(3) records that aggregate the purchases of particular 
buyers.". 
SEC. 756. Notwithstanding section 306(a)(7) of the Consolidated 
New Hampshire. 
Farm and Rural Development Act (7 U.S.C. 1926(a)(7)), the City 
of Berlin, New Hampshire, shall be eligible during fiscal year 2000 
for a rural utilities grant or loan under the Rural Community 
Advancement Program. 
SEC. 
757. 
CRANBERRY MARKETING ORDERS, (a) PAID ADVER-
TISING FOR 
CRANBERRIES AND CRANBERRY PRODUCTS.—Section 
8c(6)(I) of the Agricultural Adjustment Act (7 U.S.C. 608c(6)(I)), 
reenacted with amendments by the Agricultural Marketing Agree-
ment Act of 1937, is amended in the first proviso— 
(1) by striking "or Florida grown strawberries" and 
inserting ", Florida grown strawberries, or cranberries"; and 
(2) by striking "and Florida Indian River grapefruit" and 
inserting "Florida Indian River grapefruit, and cranberries". 
(b) COLLECTION OF CRANBERRY INVENTORY DATA.—Section 8d 
of the Agricultural Adjustment Act (7 U.S.C. 608d), reenacted with 
amendments by the Agricultural Marketing Agreement Act of 1937, 
is amended by adding at the end the following: 
"(3) COLLECTION OF CRANBERRY INVENTORY DATA.— 
"(A) IN GENERAL.—If an order is in effect with respect 
to cranberries, the Secretary of Agriculture may require persons 
engaged in the handling or importation of cranberries or cran-
berry products (including producer-handlers, second handlers, 
processors, brokers, and importers) to provide such information 
as the Secretary considers necessary to effectuate the declared 
policy of this title, including information on acquisitions, inven-
tories, and dispositions of cranberries and cranberry products. 
113 STAT. 1172 
PUBLIC LAW 106-78—OCT. 22, 1999 
"(B) DELEGATION TO COMMITTEE.—The Secretary may dele-
gate the authority to carry out subparagraph (A) to any com-
mittee that is responsible for administering an order covering 
cranberries. 
AppUcability. 
"(C) CONFIDENTIALITY.—Paragraph (2) shall apply to 
information provided under this paragraph. 
"(D) VIOLATIONS.—^Any person who violates this paragraph 
shall be subject to the penalties provided under section 8c(14).". 
Effective date. 
SEC. 758. Beginning in fiscal year 2001 and thereafter, the 
7 use 2025. 
Food Stamp Act (Public Law 95-113, section 16(a)) is amended 
by inserting after the phrase "Indian reservation under section 
11(d) of this Act" the following new phrase: "or in a Native village 
within the State of Alaska identified in section 11(b) of Public 
Law 92-203, as amended.". 
7 use 3242. 
SEC. 759. EDUCATION GRANTS TO ALASKA NATIVE SERVING 
INSTITUTIONS AND NATIVE HAWAIIAN SERVING INSTITUTIONS, (a) 
EDUCATION 
GRANTS 
PROGRAM FOR ALASKA 
NATIVE 
SERVING 
INSTITUTIONS.— 
(1) GRANT AUTHORITY.—The Secretary of Agriculture may 
make competitive grants (or grants without regard to any 
requirement for competition) to Alaska Native serving institu-
tions for the purpose of promoting and strengthening the ability 
of Alaska Native serving institutions to carry out education, 
applied research, and related community development pro-
grams. 
(2) USE OF GRANT FUNDS.—Grants made under this section 
shall be used— 
(A) to support the activities of consortia of Alaska 
Native serving institutions to enhance educational equity 
for under represented students; 
(B) to strengthen institutional educational capacities, 
including 
libraries, 
curriculum, 
faculty, 
scientific 
instrumentation, instruction delivery systems, and student 
recruitment and retention, in order to respond to identified 
State, regional, national, or international educational needs 
in the food and agriculture sciences; 
(C) to attract and support undergraduate and graduate 
students from under represented groups in order to prepare 
them for careers related to the food, agricultural, and nat-
ural resource systems of the United States, beginning with 
the mentoring of students at the high school level including 
by village elders and continuing with the provision of finan-
cial support for students through their attainment of a 
doctoral degree; and 
(D) to facilitate cooperative initiatives between two 
or more Alaska Native serving institutions, or between 
Alaska Native serving institutions and units of State 
government or the private sector, to maximize the develop-
ment and use of resources, such as faculty, facilities, and 
equipment, to improve food and agricultural sciences 
teaching programs. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to make grants under this subsection 
$10,000,000 in fiscal years 2001 through 2006. 
(b) 
EDUCATION 
GRANTS 
PROGRAM FOR NATIVE 
HAWAIIAN 
SERVING INSTITUTIONS.— 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1173 
(1) GRANT AUTHORITY.—The Secretary of Agriculture may 
make competitive grants (or grants without regard to any 
requirement for competition) to Native Hawaiian serving 
institutions for the purpose of promoting and strengthening 
the abiUty of Native Hawaiian serving institutions to carry 
out education, applied research, and related 
community 
development programs. 
(2) USE OF GRANT FUNDS.—Grants made under this section 
shall be used— 
(A) to support the activities of consortia of Native 
Hawaiian serving institutions to enhance educational 
equity for under represented students; 
(B) to strengthen institutional educational capacities, 
including 
libraries, 
curriculum, 
faculty, 
scientific 
instrumentation, instruction delivery systems, and student 
recruitment and retention, in order to respond to identified 
State, regional, national, or international educational needs 
in the food and agriculture sciences; 
(C) to attract and support undergraduate and graduate 
students from under represented groups in order to prepare 
them for careers related to the food, agricultural, and nat-
ural resource systems of the United States, beginning with 
the mentoring of students at the high school level and 
continuing with the provision of financial support for stu-
dents through their attainment of a doctoral degree; and 
(D) to facilitate cooperative initiatives between two 
or more Native Hawaiian serving institutions, or between 
Native Hawaiian serving institutions and units of State 
government or the private sector, to maximize the develop-
ment and use of resources, such as faculty, facilities, and 
equipment, to improve food and agricultural sciences 
teaching programs. 
(3) AUTHORIZATION OF APPROPRIATIONS.—^There are author-
ized to be appropriated to make grants under this subsection 
$10,000,000 for each of fiscal years 2001 through 2006. 
SEC. 760. Effective October 1, 1999, section 8c(ll) of the Agri-
cultural Adjustment Act (7 U.S.C. 608c(ll)), reenacted with amend-
ments by the Agricultural Marketing Agreement Act of 1937, is 
amended by adding at the end the following: "The price of milk 
paid by a handler at a plant operating in Clark County, Nevada 
shall not be subject to any order issued under this section.". 
SEC. 761. Notwithstanding any other provision of law, the 
City of Olean, New York, shall be eligible for grants and loans 
administered by the Rural Utilities Service. 
SEC. 762. 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. 763. Section 1232(a) of the Food Security Act of 1985 
(16 U.S.C. 3832(a)) is amended— 
(1) in paragraph (9), by adding "and" after the semicolon 
at the end; 
(2) in paragraph (10), by striking "; and" and inserting 
a period; and 
(3) by striking paragraph (11). 
SEC. 764. None of the funds made available by this or any 
other Act shall be used to implement Notice CRP-338, issued by 
the Farm Service Agency on March 10, 1999, nor shall funds be 
Effective date. 
New York. 
Puerto Rico. 
113 STAT. 1174 
PUBLIC LAW 106-78—OCT, 22, 1999 
Federal buildings 
and facilities. 
Alaska. 
16 use 3832. 
used to implement any related administrative action including 
implementation of such procedures published in Farm Service 
Agency program manuals: Provided, That rental payments for any 
lands enrolled in the Conservation Reserve Program under this 
section shall be reduced by an amount equal to the Federal cost 
of any remaining value of a federally cost-shared conservation prac-
tice as determined by the Secretary. 
SEC. 765. None of the funds made available by this or any 
other Act shall be used to implement Notice CRP-327, issued by 
the Farm Service Agency on October 26, 1998, nor shall funds 
be used to implement any related administrative action including 
implementation of such procedures published in Farm Service 
Agency program manuals: Provided, That this section shall not 
apply to any lands for which there is not full compliance with 
the conservation practices required under terms of the CRP con-
tract. 
SEC. 766. The Federal facility located in Riverside, California, 
and known as the "U.S. Salinity Laboratory", shall be known and 
designated as the "George E. Brown, Jr., Salinity Laboratory": 
Provided^ That any reference in any 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 "George E. Brown, Jr., 
Salinity Laboratory". 
SEC. 767. Sections 657, 658, 1006, and 1014 of title 18, United 
States Code, are amended by— 
(1) inserting "or successor agency" after "Farmers Home 
Administration" each place it appears; and 
(2) inserting "or successor agency" after "Rural Develop-
ment Administration" each place it appears. 
SEC. 768. Notwithstanding any other provision of law, the 
maximum income limits established for single family housing for 
families and individuals in the high cost areas of Alaska shall 
be 150 percent of the State metropolitan income level for Alaska. 
SEC. 769. Section 1232(a)(7) of the Food Security Act of 1985 
is amended— 
(1) by striking "except that the Secretary may permit har-
vesting" and inserting "except that the Secretary— 
"(A) may permit— 
"(i) harvesting"; 
(2) by striking "emergency, and the Secretary may permit 
limited" and inserting "emergency; and 
"(ii) limited"; 
(3) by inserting "and" after the semicolon at the end; and 
(4) by adding at the end the following: 
"(B) shall approve not more than six projects, no more 
than one of which may be in any State, under which 
land subject to the contract may be harvested for recovery 
of biomass used in energy production if— 
"(i) no acreage subject to the contract is harvested 
more than once every other year; 
"(ii) not more than 25 percent of the total acreage 
enrolled in the program under this subchapter in any 
crop reporting district (as designated by the Secretary), 
is harvested in any 1 year; 
"(iii) no portion of the crop is used for any commer-
cial purpose other than energy production from bio-
mass; 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT, 1175 
"(iv) no wetland, or acreage of any type enrolled 
in a partial field conservation practice (including 
riparian forest buffers, filter strips, and buffer strips), 
is harvested; 
"(v) the owner or operator agrees to a payment 
reduction under this section in an amount determined 
by the Secretary. 
"(C) the total acres for all of the projects shall not 
exceed 250,000 acres.". 
TITLE 
VIII—EMERGENCY 
AND 
DIS-
ASTER ASSISTANCE FOR PRODUCERS 
Subtitle A—Crop and Market Loss 
Assistance 
SEC. 801. CROP LOSS ASSISTANCE. 
7 USC 1421 note. 
(a) IN GENERAL.—^The Secretary of Agriculture (referred to 
in this title as the "Secretary") shall use $1,200,000,000 of funds 
of the Commodity Credit Corporation to make emergency financial 
assistance available to producers on a farm that have incurred 
losses in a 1999 crop due to a disaster, as determined by the 
Secretary. 
(b) ADMINISTRATION.—^The Secretary shall make assistance 
available under this section in the same manner as provided under 
section 1102 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 1999 (7 
U.S.C. 1421 note; Public Law 105-277), including using the same 
loss thresholds as were used in administering that section. 
(c) QUALIFYING LOSSES.—^Assistance under this section may 
be made for losses associated with crops that are, as determined 
by the Secretary— 
(1) quantity losses; 
(2) quality losses; or 
(3) severe economic losses due to damaging weather or 
related condition. 
(d) CROPS COVERED.—^Assistance under this section shall be 
applicable to losses for all crops (including losses of trees from 
which a crop is harvested, livestock, and fisheries), as determined 
by the Secretary, due to disasters. 
(e) CROP INSURANCE.—In carrying out this section, the Sec-
retary shall not discriminate against or penalize producers on a 
farm that have purchased crop insurance under the Federal Crop 
Insurance Act (7 U.S.C. 1501 et seq.). 
(f) RICE LOAN DEFICIENCY PAYMENTS.—In the case of producers 
of the 1999 crop of rice that harvested such rice on or before 
August 4, 1999, the Secretary may use funds made available under 
this section to— 
(1) make loan deficiency payments to producers that 
received, or that were eligible to receive, such payments under 
section 135 of the Agricultural Market Transition Act (7 U.S.C. 
7235) in a manner that results in the same total payment 
that would have been made if the payment had been requested 
by the producers on August 5, 1999; and 
113 STAT. 1176 
PUBLIC LAW 106-78—OCT. 22, 1999 
(2) recalculate any repayment made for a marketing assist-
ance loan for the 1999 crop of rice on or before August 4, 
1999, as if the repayment had been made on August 5, 1999. 
(g) HONEY RECOURSE LOANS.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, in order to assist producers of honey to market their 
honey in an orderly manner during a period of disastrously 
low prices, the Secretary may use funds made available under 
this section to make available recourse loans to producers of 
the 1999 crop of honey on fair and reasonable terms and condi-
tions, as determined by the Secretary. 
(2) LOAN RATE.—The loan rate of the loans shall be 85 
percent of the average price of honey during the 5-crop year 
period preceding the 1999 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. 
(h) RECOURSE LOANS FOR MOHAIR.— 
(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing any other provision of law, during fiscal year 2000, 
the Secretary may use funds made available under this section 
to make recourse loans available in accordance with section 
137(c) of the Agricultural Market Transition Act (7 U.S.C. 
7237(c)) to producers of mohair produced during or before that 
fiscal year. 
(2) INTEREST.—Section 137(c)(4) of that Act shall not apply 
to a loan made under paragraph (1). 
7 use 1421 note. 
SEC. 802. MARKET LOSS ASSISTANCE. 
(a) ASSISTANCE AUTHORIZED.—^The Secretary shall use not more 
than $5,544,453,000 of funds of the Commodity Credit Corporation 
to provide assistance to owners and producers on a farm that 
are eligible for final pa3anents for fiscal year 1999 under a produc-
tion flexibility contract for the farm under the Agricultural Market 
Transition Act (7 U.S.C. 7201 et seq.). 
(b) AMOUNT.—^The amount of assistance made available to 
owners and producers on a farm under this section shall be propor-
tionate to the amount of the contract payment received by the 
owners and producers for fiscal year 1999 under a production flexi-
bility contract for the farm under the Agricultural Market Transi-
tion Act. 
(c) PROTECTION OF TENANTS AND SHARECROPPERS; SHARING OF 
PAYMENTS.—Sections 111(c) and 114(g) of the Agricultural Market 
Transition Act (7 U.S.C. 7211(c), 7214(g)) shall apply to the pay-
ments made under subsection (a). 
7 use 1421 note. 
SEC. 803. SPECIALTY CROPS. 
(a) PEANUTS.— 
(1) IN GENERAL.—^The Secretary shall use such amounts 
as are necessary of funds of the Commodity Credit Corporation 
to provide payments to producers of quota peanuts or additional 
peanuts to partially compensate the producers for continuing 
low commodity prices, and increasing costs of production, for 
the 1999 crop year. 
(2) AMOUNT.—^The amount of a payment made to producers 
on a farm of quota peanuts or additional peanuts under para-
graph 
(1) shall be equal 
to the 
product 
obtained 
by 
multiplying— 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1177 
(A) the quantity of quota peanuts or additional peanuts 
produced or considered produced by the producers; and 
(B) an amount equal to 5 percent of the loan rate 
established for quota peanuts or additional peanuts, respec-
tively, under section 155 of the Agricultural Market Transi-
tion Act (7 U.S.C. 7271). 
(b) CONDITION ON PAYMENT OF SALARIES AND EXPENSES.—None 
of the funds appropriated or otherwise made available by this 
Act or any other Act may be used to pay the salaries and expenses 
of personnel of the Department of Agriculture to carry out or 
enforce section 156(f) of the Agricultural Market Transition Act 
(7 U.S.C. 7272(f)) through fiscal year 2001. 
(c) TOBACCO.— 
(1) IN GENERAL.—The Secretary shall use $328,000,000 
of funds of the Commodity Credit Corporation to make pay-
ments to States on behalf of persons described in paragraph 
(2) for the reduction in the quantity of quota allotted to certain 
farms under part I of subtitle B of title III of the Agricultural 
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) from the 1998 
crop year to the 1999 crop year. 
(2) ELIGIBLE PERSONS.—^To be eligible to receive a payment 
under paragraphs (1) through (5), a person must own or operate, 
or produce tobacco on, a farm— 
(A) for which the quantity of quota allotted to the 
farm under part I of subtitle B of title III of the Agricultural 
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) was reduced 
from the 1998 crop year to the 1999 crop year; and 
(B) that was used for the production of tobacco during 
the 1998 or 1999 crop year. 
(3) ALLOCATION TO STATES.—^The Secretary shall allocate 
fiinds made available under paragraph (1) to States with 
eligible persons described in paragraph (2) in proportion to 
the relative quantity of quota allotted to farms in the States 
that was reduced from the 1998 crop year to the 1999 crop 
year. 
(4) DISTRIBUTION BY STATES.— 
(A) IN GENERAL.—In the case of a State described 
in paragraph (3) that is a party to the National Tobacco 
Grower Settlement Trust, the State shall distribute funds 
made available under paragraph (3) to eligible persons 
in the State in accordance with the formulas established 
pursuant to the Trust. 
(B) OTHER STATES.—Subject to the approval of the 
Secretary, in the case of a State described in paragraph 
(3) that is not a party to the National Tobacco Grower 
Settlement Trust, the State shall distribute funds made 
available under paragraph (3) to eligible persons in the 
State in a manner determined by the State. 
(5) ALTERNATIVE DISTRIBUTION.—In lieu of making pay-
ments under this subsection to States, the Secretary may dis-
tribute funds directly to eligible persons using the facilities 
of private disbursing agents, facilities of the Farm Service 
Agency, or other available facilities. 
(6) FLUE-CURED TOBACCO.— 
(A) LIMITATION ON QUANTITY OF ALLOTMENT LEASED 
OR SOLD.—Section 316(e) of the Agricultural Adjustment 
Act of 1938 (7 U.S.C. 1316(e)) is amended— 
7 USC I3l4b. 
113 STAT. 1178 
PUBLIC LAW 106-78—OCT. 22, 1999 
(i) in paragraph (1), by striking "farm or, in" and 
all that follows through ": Provided, 
That in" and 
inserting "farm. In"; 
(ii) by redesignating paragraph (2) as paragraph 
(3); and 
(iii) by inserting after paragraph (1) the following: 
"(2) Paragraph (1) shall not apply to flue-cured tobacco.". 
(B) 
TRANSFERS OF QUOTA OR ALLOTMENT ACROSS 
COUNTY LINES IN A STATE.—Section 316(g) of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1314b(g)) is 
amended by adding at the end the following: 
"(3) TRANSFERS ALLOWED BY REFERENDUM.— 
"(A) REFERENDUM.—On the request of at least 25 per-
cent of the active flue-cured tobacco producers within a 
State, the Secretary shall conduct a referendum of the 
active flue-cured tobacco producers within the State to 
determine whether the producers favor or oppose permit-
ting the sale of a flue-cured tobacco allotment or quota 
from a farm in a State to any other farm in the State. 
"(B) APPROVAL.—If the Secretary determines that a 
majority of the active flue-cured tobacco producers voting 
in the referendum approves permitting the sale of a flue-
cured tobacco allotment or quota from a farm in the State 
to any other farm in the State, the Secretary shall permit 
the sale of a flue-cured tobacco allotment or quota from 
a farm in the State to any other farm in the State.". 
(C) SAME GROWER IN CONTIGUOUS COUNTIES.—Section 
379(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 
1379(b)) is amended by inserting "or flue-cured" after 
"Burley". 
7 u s e 1421 note. 
SEC. 804. OILSEEDS. 
(a) IN GENERAL.—The Secretary shall use $475,000,000 of funds 
of the Commodity Credit Corporation to make payments to pro-
ducers of the 1999 crop of oilseeds that are eligible to obtain 
a marketing assistance loan under section 131 of the Agricultural 
Market Transition Act (7 U.S.C. 7231). 
(b) COMPUTATION.—^A payment to producers on a farm under 
this section for an oilseed shall be equal to the product obtained 
by multiplying— 
(1) a payment rate determined by the Secretary; 
(2) the acreage of the producers on the farm for the oilseed, 
as determined under subsection (c); and 
(3) the yield of the producers on the farm for the oilseed, 
as determined under subsection (d). 
(c) ACREAGE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
acreage of the producers on the farm for an oilseed under 
subsection (b)(2) shall be equal to the greater of— 
(A) the number of acres planted to the oilseed by 
the producers on the farm during the 1997 crop year, 
as reported by the producers on the farm to the Secretary 
(including any acreage reports that are filed late); or 
(B) the number of acres planted to the oilseed by 
the producers on the farm during the 1998 crop year, 
as reported by the producers on the farm to the Secretary 
(including any acreage reports that are filed late). 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1179 
(2) NEW PRODUCERS.—In the case of producers on a farm 
that planted acreage to an oilseed during the 1999 crop year 
but not the 1997 or 1998 crop year, the acreage of the producers 
for the oilseed under subsection (b)(2) shall be equal to the 
number of acres planted to the oilseed by the producers on 
the farm during the 1999 crop year, as reported by the pro-
ducers on the farm to the Secretary (including any acreage 
reports that are filed late), 
(d) YIELD.— 
(1) SOYBEANS.—Except as provided in paragraph (3), in 
the case of soybeans, the yield of the producers on a farm 
under subsection (b)(3) shall be equal to the greatest of— 
(A) the average county yield per harvested acre for 
each of the 1994 through 1998 crop years, excluding the 
crop year with the highest yield per harvested acre and 
the crop year with the lowest yield per harvested acre; 
(B) the actual yield of the producers on the farm for 
the 1997 crop year; or 
(C) the actual yield of the producers on the farm for 
the 1998 crop year. 
(2) OTHER OILSEEDS.—Except as provided in paragraph 
(3), in the case of oilseeds other than soybeans, the yield of 
the producers on a farm under subsection (b)(3) shall be equal 
to the greatest of— 
(A) the average national 3deld per harvested acre for 
each of the 1994 through 1998 crop years, excluding the 
crop year with the highest yield per harvested acre and 
the crop year with the lowest yield per harvested acre; 
(B) the actual yield of the producers on the farm for 
the 1997 crop year; or 
(C) the actual yield of the producers on the farm for 
the 1998 crop year. 
(3) NEW PRODUCERS.—In the case of producers on a farm 
that planted acreage to an oilseed during the 1999 crop year 
but not the 1997 or 1998 crop year, the yield of the producers 
on a farm under subsection (b)(3) shall be equal to the greater 
of— 
(A) the average county yield per harvested acre for 
each of the 1994 through 1998 crop years, excluding the 
crop year with the highest yield per harvested acre and 
the crop year with the lowest yield per harvested acre; 
or 
(B) the actual yield of the producers on the farm for 
the 1999 crop. 
(4) DATA SOURCE.—^To the maximum extent available, the 
Secretary shall use data provided by the National Agricultural 
Statistics Service to carry out this subsection. 
SEC. 805. LIVESTOCK AND DAIRY. 
7 USC 1421 note. 
The Secretary shall use $325,000,000 of funds of the Commodity 
Credit Corporation to provide assistance directly to livestock and 
dairy producers, in a manner determined appropriate by the Sec-
retary, to compensate the producers for economic losses incurred 
during 1999. 
SEC. 806. UPLAND COTTON. 
7 USC 1421 note. 
(a) IN GENERAL.—Section 136(a) of the Agricultural Market 
Transition Act (7 U.S.C. 7236(a)) is amended— 
113 STAT. 1180 
PUBLIC LAW 106-78—OCT. 22, 1999 
(1) in paragraph (1), by striking "or cash pa)Tnents" and 
inserting "or cash payments, at the option of the recipient,"; 
(2) by striking "3 cents per pound" each place it appears 
and inserting "1.25 cents per pound"; 
(3) in paragraph (3)— 
(A) in the first sentence of subparagraph (A), by 
striking "owned by the Commodity Credit Corporation in 
such manner, and at such price levels, as the Secretary 
determines will best effectuate the purposes of cotton user 
marketing certificates" and inserting "owned by the Com-
modity Credit Corporation or pledged to the Commodity 
Credit Corporation as collateral for a loan in such manner, 
and at such price levels, as the Secretary determines will 
best effectuate the purposes of cotton user marketing cer-
tificates, including enhancing the competitiveness and 
marketability of United States cotton"; and 
(B) in subparagraph (B), by striking the second sen-
tence; and 
(4) by striking paragraph (4). 
(b) ENSURING THE AVAILABILITY OF UPLAND COTTON.—Section 
136(b) of the Agricultural Market Transition Act (7 U.S.C. 7236(b)) 
is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) ESTABLISHMENT.— 
President. 
"(A) IN GENERAL.—The President shall carry out an 
import quota program during the period ending July 31, 
2003, as provided in this subsection. 
"(B) PROGRAM REQUIREMENTS.—Except as provided in 
subparagraph (C), whenever the Secretary determines and 
announces that for any consecutive 4-week period, the Fri-
day through Thursday average price quotation for the 
lowest-priced United States growth, as quoted for Middling 
(M) 1%2-inch cotton, delivered C.I.F. Northern Europe, 
adjusted for the value of any certificate issued under sub-
section (a), exceeds the Northern Europe price by more 
than 1.25 cents per pound, there shall immediately be 
in effect a special import quota. 
"(C) TIGHT DOMESTIC SUPPLY.—During any month for 
which the Secretary estimates the season-ending United 
States upland cotton stocks-to-use ratio, as determined 
under subparagraph (D), to be below 16 percent, the Sec-
retary, in making the determination under subparagraph 
(B), shall not adjust the Friday through Thursday average 
price quotation for the lowest-priced United States growth, 
as quoted for Middling (M) 1%2-inch cotton, delivered C.LF. 
Northern Europe, for the value of any certificates issued 
under subsection (a). 
"(D) 
SEASON-ENDING UNITED STATES STOCKS-TO-USE 
RATIO.—For the purposes of making estimates under 
subparagraph (C), the Secretary shall, on a monthly basis, 
estimate and report the season-ending United States 
upland cotton stocks-to-use ratio, excluding projected raw 
cotton imports but including the quantity of raw cotton 
that has been imported into the United States during the 
marketing year."; and 
(2) by adding at the end the following: 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1181 
"(7) LIMITATION.—The quantity of cotton entered into the 
United States during any marketing year under the special 
import quota established under this subsection may not exceed 
the equivalent of 5 week's consumption of upland cotton by 
domestic mills at the seasonally adjusted average rate of the 
3 months immediately preceding the first special import quota 
established in any marketing year.". 
SEC. 807. MILK 
7 USC 1421 note. 
(a) IN GENERAL.—Section 141 of the Agricultural Market 
Transition Act (7 U.S.C. 7251) is amended— 
(1) in subsection (b)(4), by striking "calendar year 1999" 
and inserting "each of calendar years 1999 and 2000"; and 
(2) in subsection (h), by striking "1999" each place it 
appears and inserting "2000". 
(b) CONFORMING AMENDMENT.—Section 142(e) of the Agricul-
tural Market Transition Act (7 U.S.C. 7252(e)) is amended by 
striking "2000" and inserting "2001". 
Subtitle B—Other Assistance 
SEC. 811. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING 
7 USC 1421 note. 
PAYMENTS UNDER PRODUCTION FLEXIBILITY CON-
TRACTS. 
Section 112(d)(3) of the Agricultural Market Transition Act 
(7 U.S.C. 7212(d)(3)) is amended— 
(1) in the paragraph heading, by striking "FOR FISCAL YEAR 
1999"; and 
(2) by striking "for fiscal year 1999" and inserting "for 
any of fiscal years 1999 through 2002". 
SEC. 812. COMMODITY CERTIFICATES. 
7 USC 1421 note. 
Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 
7281 et seq.) is amended by adding at the end the following: 
"SEC. 166. COMMODITY CERTIFICATES. 
7 USC 7286. 
"(a) IN GENERAL.—In making in-kind payments under subtitle 
C, the Commodity Credit Corporation may— 
"(1) acquire and use commodities that have been pledged 
to the Commodity Credit Corporation as collateral for loans 
made by the Corporation; 
"(2) use other commodities owned by the Commodity Credit 
Corporation; and 
"(3) redeem negotiable marketing certificates for cash under 
terms and conditions established by the Secretary. 
"(b) METHODS OF PAYMENT.—The Commodity Credit Corpora-
tion may make in-kind payments— 
"(1) by delivery of the commodity at a warehouse or other 
similar facility; 
"(2) by the transfer of negotiable warehouse receipts; 
"(3) by the issuance of negotiable certificates, which the 
Commodity Credit Corporation shall exchange for a commodity 
owned or controlled by the Corporation in accordance with 
regulations promulgated by the Corporation; or 
"(4) by such other methods as the Commodity Credit Cor-
poration determines appropriate to promote the efficient, equi-
table, and expeditious receipt of the in-kind payments so that 
69-194 -01 -6:QL3Part2 
113 STAT. 1182 
PUBLIC LAW 106-78—OCT. 22, 1999 
a person receiving the payments receives the same total return 
as if the payments had been made in cash. 
"(c) ADMINISTRATION.— 
"(1) FORM.—^At the option of a producer, the Commodity 
Credit Corporation shall make negotiable certificates authorized 
under subsection (b)(3) available to the producer, in the form 
of program payments or by sale, in a manner that the Corpora-
tion determines will encourage the orderly marketing of 
commodities pledged as collateral for loans made to producers 
under subtitle C. 
"(2) TRANSFER.—^A negotiable certificate issued in accord-
ance with this subsection may be transferred to another person 
in accordance with regulations promulgated by the Secretary.". 
7 use 1421 note. 
SEC. 813. LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFI-
CIENCY PAYMENTS. 
(a) IN GENERAL.—Notwithstanding section 1001(2) of the Food 
Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the 
payments specified in section 1001(3) of that Act that a person 
shall be entitled to receive under the Agricultural Market Transition 
Act (7 U.S.C. 7201 et seq.) for one or more contract commodities 
and oilseeds produced during the 1999 crop year may not exceed 
$150,000. 
(b) 1999 MARKETINGS.—In carrying out subsection (a), the Sec-
retary shall allow a producer that has marketed a quantity of 
an eligible 1999 crop for which the producer has not received 
a loan deficiency payment or marketing loan gain under section 
134 or 135 of the Agricultural Market Transition Act (7 U.S.C. 
7234, 7235) to receive such payment or gain as of the date on 
which the quantity was marketed or redeemed, as determined by 
the Secretary. 
7 use 1421 note. 
SEC. 814. ASSISTANCE FOR PURCHASE OF ADDITIONAL CROP INSUR-
ANCE COVERAGE. 
The Secretary shall transfer $400,000,000 of funds of the Com-
modity Credit Corporation to the Federal Crop Insurance Corpora-
tion to be used to assist agricultural producers in purchasing addi-
tional coverage for the 2000 crop year under the Federal Crop 
Insurance Act (7 U.S.C. 1501 et seq.). 
Oklahoma. 
SEC. 815. FORGIVENESS OF CERTAIN WATER AND WASTE DISPOSAL 
7 use 1421 note. 
LOANS. 
The Secretary shall forgive the principal indebtedness and 
accrued interest owed by the City of Stroud, Oklahoma, to the 
Rural Utilities Service on water and waste disposal loans numbered 
9105 and 9107. 
7 use 1421 note. 
SEC. 816. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER 
(a) DEFINITIONS.—Section 375(a) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2008j(a)) is amended by adding 
at the end the following: 
"(5) INTERMEDIARY.—^The term 'intermediary* means a 
financial institution receiving Center funds for establishing a 
revolving fund and relending to an eligible entity.". 
(b) REVOLVING FUND.—Section 375(e) of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 2008j(e)) is amended— 
(1) in paragraph (3)— 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1183 
(A) by striking subparagraph (A) and inserting the 
following: 
"(A) IN GENERAL.—^The Center may use amounts in 
the Fund to make direct loans, loan guarantees, cooperative 
agreements, 
equity 
interests, 
investments, 
repayable 
grants, and grants to eligible entities, either directly or 
through an intermediary, in accordance with a strategic 
plan submitted under subsection (d)."; 
(B) in subparagraph (B), by adding at the end the 
following: "The Fund is intended to furnish the initial 
capital for a revolving fund that will eventually be 
privatized for the purposes of assisting the United States 
sheep and goat industries."; 
(C) by striking subparagraph (D); 
(D) by striking subparagraph (E) and inserting the 
following: 
"(E) ADMINISTRATION.—^The Center may not use more 
than 3 percent of the amounts in the portfolio of the Center 
for each fiscal year for the administration of the Center. 
The portfolio shall be calculated at the beginning of each 
fiscal year and shall include a total of— 
"(i) all outstanding loan balances; 
"(ii) the Fund balance; 
"(iii) the outstanding balance to intermediaries; 
and 
"(iv) the amount the Center paid for all equity 
interests."; 
(E) in subparagraph (H)— 
(i) in clause (v), by striking "or" at the end; 
(ii) in clause (vi), by striking the period at the 
end and inserting "; or"; and 
(iii) by adding at the end the following: 
"(vii) purchase equity interests."; and 
(F) by redesignating subparagraphs (E) through (H) 
as subparagraphs (D) through (G), respectively; and 
(2) in paragraph (6), i
D
y striking subparagraph (D). 
(c) BOARD OF DIRECTORS.—Section 375(f) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 2008j(f)) is amended— 
(1) in paragraph (2), by striking subparagraph (B) and 
inserting the following: 
"(B) review any contract, direct loan, loan guarantee, 
cooperative agreement, equity interest, investment, repay-
able grant, and grant to be made or entered into by the 
Center and any financial assistance provided to the 
Center;"; 
(2) in paragraph (5), by striking subparagraph (C) and 
inserting the following: 
"(C) REAPPOINTMENT.—^A voting member may be re-
appointed for not more than one additional term."; and 
(3) in paragraph (6), by striking subparagraph (B) and 
inserting the following: 
"(B) REAPPOINTMENT.—^A voting member appointed to 
fill a vacancy for an unexpired term may be reappointed 
for one full term.". 
(d) PRIVATIZATION.—Section 375 of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2008j) is amended by adding 
at the end the following: 
113 STAT. 1184 
PUBLIC LAW 106-78—OCT. 22, 1999 
"(j) PRIVATIZATION.— 
"(1) IN GENERAL.—Privatization of a revolving fund for 
the purposes of assisting the United States sheep and goat 
industries shall occur on the earlier of— 
"(A) September 30, 2006; or 
"(B) the date as of which a total of $30,000,000 has 
been appropriated for the Center under subsection (e)(6)(C). 
"(2) 
PRIVATIZATION 
PROPOSAL.—On 
privatization 
of a 
revolving fund in accordance with paragraph (1), the Board 
shall submit to the Secretary, for approval, a privatization 
proposal that— 
"(A) delineates a private successor entity to the Center; 
and 
"(B) establishes a transition plan. 
"(3) PRIVATE SUCCESSOR ENTITY.—The private successor 
entity shall— 
"(A) have the purposes described in subsection (c); 
"(B) be organized under the laws of one of the States; 
and 
"(C) be able to continue the activities of the Center. 
"(4) TRANSITION PLAN.—^The transition plan shall— 
"(A) identify any continuing role of the Federal Grovern-
ment with respect to the Center; 
"(B) provide for the transfer of all Center assets and 
liabilities to the private successor entity; and 
"(C) delineate the status of the Board and employees 
of the Center. 
"(5) IMPLEMENTATION.— 
"(A) IN GENERAL.—On approval by the Secretary of 
the private successor entity and the transition plan, the 
Center shall create the private successor entity and imple-
ment the transition plan. 
"(B) AUTHORITY.—^The Secretary shall have all nec-
essary authority to implement the transition plan. 
"(6) TRANSFER OF FUNDS.—On creation of the private suc-
cessor entity, all funds held by the Department of the Treasury 
pursuant to this section shall be transferred to the private 
successor entity. 
"(7) REPEAL.—On the date the Secretary publishes notice 
in the Federal Register that the transition plan is complete, 
this section is repealed.". 
7 u s e 1421 note. 
SEC. 817. FISHERIES. 
Alaska. 
(a) NORTON SOUND FISHERIES FAILURE.— 
(1) INCOME ELIGIBILITY.—Section 763(a) of the Agriculture, 
Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 1999 (112 Stat. 2681-
36), is amended by striking "federal poverty level" and inserting 
"income eligibility level established for Alaska under the tem-
porary assistance to needy families (TANF) program funded 
under part A of title IV of the Social Security Act (42 U.S.C. 
601 et seq.)". 
(2) EMERGENCY ASSISTANCE.—Section 1124 of the Agri-
culture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 1999 (112 Stat. 2681-
45), is amended by inserting before the period at the end 
the following: "or a fisheries failure in the Norton Sound region 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1185 
of Alaska that has resulted in the closure of commercial and 
subsistence fisheries to persons that depend on fish as their 
primary source of food and income". 
(3) APPROPRIATION.— 
(A) IN GENERAL.—In addition to amounts appropriated 
or otherwise made available by this Act, there is appro-
priated to the Department of Agriculture for fiscal year 
2001, out of any money in the Treasury not otherwise 
appropriated, 
$15,000,000, to remain 
available 
until 
expended, to provide emergency disaster assistance to per-
sons or entities affected by the 1999 fisheries failure in 
the Norton Sound region of Alaska. 
(B) TRANSFER.—To carry out this paragraph, the Sec-
retary shall transfer to the Secretary of Commerce for 
obligation and expenditure— 
(i) $10,000,000 for fiscal year 2001 for grants under 
section 209 of the Public Works and Economic Develop-
ment Act of 1965 (42 U.S.C. 3149); and 
(ii) $5,000,000 for fiscal year 2001 for carrying 
out section 312 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1861a). 
(b) COMMERCIAL FISHERIES FAILURE.— 
(1) IN GENERAL.—In addition to amounts appropriated or 
otherwise made available by this Act, there is appropriated 
to the Department of Agriculture for fiscal year 2001, out 
of any money in the Treasury not otherwise appropriated, 
$15,000,000, to remain available until expended, which shall 
be transferred to the Department of Commerce to provide emer-
gency disaster assistance for the commercial fishery failure 
under section 308(b)( 1) of the Interjurisdictional Fisheries Act 
of 1986 (16 U.S.C. 4107(b)(1)) with respect to Northeast multi-
species fisheries. 
(2) USE.—^Amounts made available under this subsection 
shall be used to support cooperative research and management 
activities administered by the National Marine Fisheries Serv-
ices and based on recommendations by the New England 
Fishery Management Council. 
SEC. 818. SENSE OF THE CONGRESS REGARDING 
FAST-TRACK 
7 USC1421 note. 
AUTHORITY AND FUTURE WORLD TRADE ORGANIZATION 
NEGOTIATIONS. 
It is the sense of the Congress that— 
(1) the President should make a formal request for appro-
priate fast-track authority for future United States trade nego-
tiations; 
(2) 
regarding 
future 
World 
Trade 
Organization 
negotiations— 
(A) rules for trade in agricultural commodities should 
be strengthened and trade-distorting import and export 
practices should be eliminated or substantially reduced; 
(B) the rules of the World Trade Organization should 
be strengthened regarding the practices or policies of a 
foreign government that unreasonably— 
(i) restrict market access for products of new tech-
nologies, including products of biotechnology; or 
113 STAT. 1186 
PUBLIC LAW 106-78—OCT. 22, 1999 
(ii) delay or preclude implementation of a report 
of a dispute panel of the World Trade Organization; 
and 
(C) negotiations within the World Trade Organization 
should be structured so as to provide the maximum lever-
age possible to ensure the successful conclusion of negotia-
tions on agricultural products; 
(3) the President should— 
(A) conduct a comprehensive evaluation of all existing 
export and food aid programs, including— 
(i) the export credit guarantee program established 
under section 202 of the Agricultural Trade Act of 
1978 (7 U.S.C. 5622); 
(ii) the market access program established under 
section 203 of that Act (7 U.S.C. 5623); 
(iii) the export enhancement program established 
under section 301 of that Act (7 U.S.C. 5651); 
(iv) the foreign market development cooperator 
program established under section 702 of that Act (7 
U.S.C. 5722); and 
(v) programs established under the Agricultural 
Trade Development and Assistance Act of 1954 (7 
U.S.C. 1691 et seq.); and 
(B) transmit to Congress— 
(i) the results of the evaluation under subpara-
graph (A); and 
(ii) recommendations on maximizing the effective-
ness of the programs described in subparagraph (A); 
and 
(4) the Secretary should carry out a purchase and donation 
or concessional sales initiative in each of fiscal years 1999 
and 2000 to promote the export of additional quantities of 
soybeans, beef, pork, poultry, and products of such commodities 
(including soybean meal, soybean oil, textured vegetable pro-
tein, and soy protein concentrates and isolates) using programs 
established under— 
(A) the Commodity Credit Corporation Charter Act 
(15 U.S.C. 714 et seq.); 
(B) section 416 of the Agricultural Act of 1949 (7 U.S.C. 
1431); 
(C) titles I and II of the Agricultural Trade Develop-
ment and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); 
and 
(D) the Food for Progress Act of 1985 (7 U.S.C. 1736o). 
Subtitle C—^Administration 
7 u s e 1421 note. 
SEC. 821. COMMODITY CREDIT CORPORATION. 
The Secretary shall use the funds, facilities, and authorities 
of the Commodity Credit Corporation to carry out this title. 
7 u s e 1421 note. 
SEC. 822. ADMINISTRATIVE COSTS. 
(a) RESERVATION OF FUNDS.—Subject to subsections (b) and 
(c), the Secretary may reserve up to $56,000,000 of the amounts 
made available under subtitle A to cover administrative costs 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1187 
incurred by the Farm Service Agency directly related to carrying 
out that subtitle. 
(b) PROPORTIONAL RESERVATION.—The amount reserved by the 
Secretary from the amounts made available under each section 
of subtitle A (other than section 802) shall bear the same proportion 
to the total amount reserved under subsection (a) as the administra-
tive costs incurred by the Farm Service Agency to carry out that 
section (other than section 802) bear to the total administrative 
costs incurred by the Farm Service Agency to carry out that subtitle 
(other than section 802). 
(c) EXCEPTION FOR MARKET LOSS ASSISTANCE.—The Secretary 
may not reserve any portion of the amount made available under 
section 802 to pay administrative costs. 
SEC. 823. EMERGENCY REQUIREMENT. 
7 USC 1421 note. 
The entire amount necessary to carry out this title and the 
amendments made by this title shall be available only to the extent 
that an official budget request for the entire amount, 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: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of such Act. 
SEC. 824. REGULATIONS. 
7 USC 1421 note. 
(a) PROMULGATION.—^As soon as practicable after the date of 
the enactment of this Act, the Secretary and the Commodity Credit 
Corporation, as appropriate, shall promulgate such regulations as 
are necessary to implement subtitle A and the amendments made 
by subtitle A. The promulgation of the regulations and administra-
tion of subtitle A 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 car-
rying out this section, the Secretary shall use the authority provided 
under section 808 of title 5, United States Code. 
SEC. 825. LIVESTOCK AND DAIRY ASSISTANCE. 
7 USC 1421 note. 
(a) LIVESTOCK ASSISTANCE.—Of the funds provided in sections 
801 and 805, no less than $200,000,000 shall be in the form of 
assistance to livestock producers for losses due to drought or other 
natural disasters. 
(b) DAIRY ASSISTANCE.—Of the funds provided in section 805, 
no less than $125,000,000 shall be in the form of assistance to 
dairy producers. 
(c) FORM OF ASSISTANCE.—^Assistance for livestock losses shall 
be in the form of grants and or other in-kind assistance, but 
shall not include loans. 
113 STAT. 1188 
Livestock 
Mandatory 
Reporting Act of 
1999. 
PUBLIC LAW 106-78—OCT. 22, 1999 
TITLE IX—LIVESTOCK MANDATORY 
REPORTING 
7 u s e 1635 note. 
SEC. 901. SHORT TITLE, 
This title may be cited as the "Livestock Mandatory Reporting 
Act of 1999". 
Subtitle A—Livestock Mandatory 
Reporting 
7 u s e 1635 note. 
SEC. 911. LIVESTOCK MANDATORY REPORTING. 
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
seq.) is amended— 
(1) by inserting before section 202 (7 U.S.C. 1621) the 
following: 
7 u s e 1635. 
7 u s e 1635a. 
"Subtitle A—General Provisions"; 
and 
(2) by adding at the end the following: 
"Subtitle B—Livestock Mandatory 
Reporting 
"CHAPTER 1—PURPOSE; DEFINITIONS 
"SEC. 211. PURPOSE. 
"The purpose of this subtitle is to establish a program of 
information regarding the marketing of cattle, swine, lambs, and 
products of such livestock that— 
"(1) provides information that can be readily understood 
by producers, packers, and other market participants, including 
information with respect to the pricing, contracting for pur-
chase, and supply and demand conditions for livestock, livestock 
production, and livestock products; 
"(2) improves the price and supply reporting services of 
the Department of Agriculture; and 
"(3) encourages competition in the marketplace for livestock 
and livestock products. 
"SEC. 212. DEFINITIONS. 
"In this subtitle: 
"(1) BASE PRICE.—The term TDase price' means the price 
paid for livestock, delivered at the packing plant, before applica-
tion of any premiums or discounts, expressed in dollars per 
hundred pounds of carcass weight. 
"(2) BASIS LEVEL.—The term 'basis level' means the agreed-
on adjustment to a future price to establish the final price 
paid for livestock. 
"(3) 
CURRENT 
SLAUGHTER 
WEEK.—^The term 
'current 
slaughter week' means the period beginning Monday, and 
ending Sunday, of the week in which a reporting day occurs. 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1189 
"(4) F.O.B.—The term T.O.B.' means free on board, regard-
less of the mode of transportation, at the point of direct ship-
ment by the seller to the buyer. 
"(5) LIVESTOCK.—The term 'livestock' means cattle, swine, 
and lambs. 
"(6) LOT.—^The term 'lot' means a group of one or more 
livestock that is identified for the purpose of a single transaction 
between a buyer and a seller. 
"(7) MARKETING.—^The term 'marketing* means the sale 
or other disposition of livestock, livestock products, or meat 
or meat food products in commerce. 
"(8) NEGOTIATED PURCHASE.—^The term 'negotiated pur-
chase' means a cash or spot market purchase by a packer 
of livestock from a producer under which— 
"(A) the base price for the livestock is determined 
by seller-buyer interaction and agreement on a day; and 
"(B) the livestock are scheduled for delivery to the 
packer not later than 14 days after the date on which 
the livestock are committed to the packer. 
"(9) NEGOTIATED SALE.—^The term 'negotiated sale' means 
a cash or spot market sale by a producer of livestock to a 
packer under which— 
"(A) the base price for the livestock is determined 
by seller-buyer interaction and agreement on a day; and 
"(B) the livestock are scheduled for delivery to the 
packer not later than 14 days after the date on which 
the livestock are committed to the packer. 
"(10) PRIOR SLAUGHTER WEEK.—^The term 'prior slaughter 
week' means the Monday through Sunday prior to a reporting 
day. 
"(11) PRODUCER.—The term 'producer' means any person 
engaged in the business of selling livestock to a packer for 
slaughter (including the sale of livestock from a packer to 
another packer). 
"(12) REPORTING DAY.—The term 'reporting d a / means a 
day on which— 
"(A) a packer conducts business regarding livestock 
committed to the packer, or livestock purchased, sold, or 
slaughtered by the packer; 
"(B) the Secretary is required to make information 
concerning the business described in subparagraph (A) 
available to the public; and 
"(C) the Department of Agriculture is open to conduct 
business. 
"(13) SECRETARY.—The term 'Secretary means the Sec-
retary of Agriculture. 
"(14) STATE.—^The term 'State' means each of the 50 States. 
"CHAPTER 
2—CATTLE 
REPORTING 
*SEC. 221. DEFINITIONS. 
7 USC 1635d. 
"In this chapter: 
"(1) CATTLE 
COMMITTED.—^The term 'cattle committed' 
means cattle that are scheduled to be delivered to a packer 
within the 7-day period beginning on the date of an agreement 
to sell the cattle. 
113 STAT. 1190 
PUBLIC LAW 106-78—OCT. 22, 1999 
"(2) CATTLE TYPE.—The term 'cattle type' means the 
following types of cattle purchased for slaughter: 
"(A) Fed steers. 
"(B) Fed heifers. 
"(C) Fed Holsteins and other fed dairy steers and 
heifers. 
"(D) Cows. 
"(E) Bulls. 
"(3) FORMULA MARKETING ARRANGEMENT.—The term 'for-
mula marketing arrangement' means the advance commitment 
of cattle for slaughter by any means other than through a 
negotiated purchase or a forward contract, using a method 
for calculating price in which the price is determined at a 
future date. 
"(4) FORWARD CONTRACT.—^The term 'forward contract' 
means— 
"(A) an agreement for the purchase of cattle, executed 
in advance of slaughter, under which the base price is 
established by reference to— 
"(i) prices quoted on the Chicago Mercantile 
Exchange; or 
"(ii) other comparable publicly available prices; or 
"(B) such other forward contract as the Secretary deter-
mines to be applicable. 
"(5) PACKER.—^The term 'packer' means any person engaged 
in the business of buying cattle in commerce for purposes 
of slaughter, of manufacturing or preparing meats or meat 
food products from cattle for sale or shipment in commerce, 
or of marketing meats or meat food products from cattle in 
an unmanufactured form acting as a wholesale broker, dealer, 
or distributor in commerce, except that— 
"(A) the term includes only a cattle processing plant 
that is federally inspected; 
"(B) for any calendar year, the term includes only 
a cattle processing plant that slaughtered an average of 
at least 125,000 head of cattle per year during the imme-
diately preceding 5 calendar years; and 
"(C) in the case of a cattle processing plant that did 
not slaughter cattle during the immediately preceding 5 
calendar years, the Secretary shall consider the plant 
capacity of the processing plant in determining whether 
the processing plant should be considered a packer under 
this chapter. 
"(6) 
PACKER-OWNED 
CATTLE.—^The term 
'packer-owned 
cattle' means cattle that a packer owns for at least 14 days 
immediately before slaughter. 
"(7) TERMS OF TRADE.—^The term 'terms of trade' includes, 
with respect to the purchase of cattle for slaughter— 
"(A) whether a packer provided any financing agree-
ment or arrangement with regard to the cattle; 
"(B) whether the delivery terms specified the location 
of the producer or the location of the packer's plant; 
"(C) whether the producer is able to unilaterally specify 
the date and time during the business day of the packer 
that the cattle are to be delivered for slaughter; and 
"(D) the percentage of cattle purchased by a packer 
as a negotiated purchase that are delivered to the plant 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1191 
for slaughter more than 7 days, but fewer than 14 days, 
after the eariier of— 
"(i) the date on which the cattle were committed 
to the packer; or 
"(ii) the date on which the cattle were purchased 
by the packer. 
"(8) TYPE OF PURCHASE.—^The term 'type of purchase', with 
respect to cattle, means— 
"(A) a negotiated purchase; 
"(B) a formula market arrangement; and 
"(C) a forward contract. 
"SEC. 222. MANDATORY REPORTING FOR LIVE CATTLE. 
7 USC 1635e. 
"(a) ESTABLISHMENT.—The Secretary shall establish a program 
of live cattle price information reporting that will— 
"(1) provide timely, accurate, and reliable market informa-
tion; 
"(2) facilitate more informed marketing decisions; and 
"(3) promote 
competition 
in the 
cattle 
slaughtering 
industry. 
"(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS 
AND THE SECRETARY.— 
"(1) IN GENERAL.—^Whenever the prices or quantities of 
cattle are required to be reported or published under this 
section, the prices or quantities shall be categorized so as 
to clearly delineate— 
"(A) the prices or quantities, as applicable, of the cattle 
purchased in the domestic market; and 
"(B) the prices or quantities, as applicable, of imported 
cattle. 
"(2) PACKER-OWNED CATTLE.—Information required under 
this section for packer-owned cattle shall include quantity and 
carcass characteristics, but not price. 
"(c) DAILY REPORTING.— 
"(1) IN GENERAL.—The corporate officers or officially des- Deadline, 
ignated representatives of each packer processing plant shall 
report to the Secretary at least twice each reporting day 
(including once not later than 10:00 a.m. Central Time and 
once not later than 2:00 p.m. Central Time) the following 
information for each cattle type: 
"(A) The prices for cattle (per hundredweight) estab-
lished on that day, categorized by— 
"(i) type of purchase; 
"(ii) the quantity of cattle purchased on a live 
weight basis; 
"(iii) the quantity of cattle purchased on a dressed 
weight basis; 
"(iv) a range of the estimated live weights of the 
cattle purchased; 
"(v) an estimate of the percentage of the cattle 
purchased that were of a quality grade of choice or 
better; and 
"(vi) any premiums or discounts associated with— 
"(I) weight, grade, or yield; or 
"(II) any type of purchase. 
"(B) The quantity of cattle delivered to the packer 
(quoted in numbers of head) on that day, categorized by— 
113 STAT. 1192 
PUBLIC LAW 106-78—OCT. 22, 1999 
Public 
information. 
Deadline. 
Deadline. 
Public 
information. 
Deadline. 
"(i) type of purchase; 
"(ii) the quantity of cattle deHvered on a Uve weight 
basis; and 
"(iii) the quantity of cattle delivered on a dressed 
weight basis. 
"(C) The quantity of cattle committed to the packer 
(quoted in numbers of head) as of that day, categorized 
b y -
"(i) type of purchase; 
"(ii) the quantity of cattle committed on a live 
weight basis; and 
"(iii) the quantity of cattle committed on a dressed 
weight basis. 
"(D) The terms of trade regarding the cattle, as 
applicable. 
"(2) PUBLICATION.—^The Secretary shall make the informa-
tion available to the public not less frequently than three 
times each reporting day. 
"(d) WEEKLY REPORTING.— 
"(1) IN GENERAL.—The corporate officers or officially des-
ignated representatives of each packer processing plant shall 
report to the Secretary, on the first reporting day of each 
week, not later than 9:00 a.m. Central Time, the following 
information applicable to the prior slaughter week: 
"(A) The quantity of cattle purchased through a for-
ward contract that were slaughtered. 
"(B) The quantity of cattle delivered under a formula 
marketing arrangement that were slaughtered. 
"(C) The quantity and carcass characteristics of packer-
owned cattle that were slaughtered. 
"(D) The quantity, basis level, and delivery month for 
all cattle purchased through forward contracts that were 
agreed to by the parties. 
"(E) The range and average of intended premiums 
and discounts that are expected to be in effect for the 
current slaughter week. 
"(2) FORMULA PURCHASES.—The corporate officers or offi-
cially designated representatives of each packer processing 
plant shall report to the Secretary, on the first reporting day 
of each week, not later than 9:00 a.m. Central Time, the fol-
lowing information for cattle purchased through a formula mar-
keting arrangement and slaughtered during the prior slaughter 
week: 
"(A) The quantity (quoted in both numbers of head 
and hundredweights) of cattle. 
"(B) The weighted average price paid for a carcass, 
including applicable premiums and discounts. 
"(C) The range of premiums and discounts paid. 
"(D) The weighted average of premiums and discounts 
paid. 
"(E) The range of prices paid. 
"(F) The aggregate weighted average price paid for 
a carcass. 
"(G) The terms of trade regarding the cattle, as 
applicable. 
"(3) PUBLICATION.—^The Secretary shall make available to 
the public the information obtained under paragraphs (1) and 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1193 
(2) on the first reporting day of the current slaughter week, 
not later than 10:00 a.m. Central Time. 
"(e) REGIONAL REPORTING OF CATTLE TYPES.— 
"(1) IN GENERAL.—The Secretary shall determine whether 
adequate data can be obtained on a regional basis for fed 
Holsteins and other fed dairy steers and heifers, cows, and 
bulls based on the number of packers required to report under 
this section. 
"(2) REPORT.—^Not later than 2 years after the date of Deadline, 
the enactment of this subtitle, the Secretary shall submit to 
the Committee on Agriculture of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry 
of the Senate a report on the determination of the Secretary 
under paragraph (1). 
"SEC. 223, MANDATORY PACKER REPORTING OF BOXED BEEF SALES. 
7 USC 1635f. 
"(a) DAILY REPORTING.—^The corporate officers or officially des-
ignated representatives of each packer processing plant shall report 
to the Secretary at least twice each reporting day (not less than 
once before, and once after, 12:00 noon Central Time) information 
on total boxed beef sales, including— 
"(1) the price for each lot of each negotiated boxed beef 
sale (determined by seller-buyer interaction and agreement), 
quoted in dollars per hundredweight (on a F.O.B. plant basis); 
"(2) the quantity for each lot of each sale, quoted by number 
of boxes sold; and 
"(3) information regarding the characteristics of each lot 
of each sale, including— 
"(A) the grade of beef (USDA Choice or better, USDA 
Select, or ungraded no-roll product); 
"(B) the cut of beef; and 
"(C) the trim specification. 
"(b) PUBLICATION.—The Secretary shall make available to the PubUc 
public the information required to be reported under subsection 
information, 
(a) not less frequently than twice each reporting day. 
"CHAPTER 3—SWINE REPORTING 
"SEC. 231. DEFINITIONS. 
"In this chapter: 
"(1) AFFILIATE.—The term 'affiliate', with respect to a 
packer, means— 
"(A) a person that directly or indirectly owns, controls, 
or holds with power to vote, 5 percent or more of the 
outstanding voting securities of the packer; 
"(B) a person 5 percent or more of whose outstanding 
voting securities are directly or indirectly owned, controlled, 
or held with power to vote, by the packer; and 
"(C) a person that directly or indirectly controls, or 
is controlled by or under common control with, the packer. 
"(2) APPLICABLE REPORTING PERIOD.—^The term 'applicable 
reporting period' means the period of time prescribed by the 
prior day report, the morning report, and the afternoon report, 
as required under section 232(c). 
"(3) BARROW.—The term 'barrow' means a neutered male 
swine. 
7 USC 1635i. 
113 STAT. 1194 
PUBLIC LAW 106-78—OCT. 22, 1999 
"(4) BASE MARKET HOG.—^The term 'base market hog' means 
a hog for which no discounts are subtracted from and no pre-
miums are added to the base price. 
"(5) BRED FEMALE SWINE.—The term 'bred female swine' 
means any female swine, whether a sow or gilt, that has 
been mated or inseminated and is assumed, or has been con-
firmed, to be pregnant. 
"(6) FORMULA PRICE.—The term 'formula price' means a 
price determined by a mathematical formula under which the 
price established for a specified market serves as the basis 
for the formula. 
"(7) GILT.—The term 'gilt' means a young female swine 
that has not produced a litter. 
"(8) HOG CLASS.—The 
term 
'hog class' means, 
as 
applicable— 
"(A) barrows or gilts; 
"(B) sows; or 
"(C) boars or stags. 
"(9) NONCARCASS MERIT PREMIUM.—^The term 'noncarcass 
merit premium' means an increase in the base price of the 
swine offered by an individual packer or packing plant, based 
on any factor other than the characteristics of the carcass, 
if the actual amount of the premium is known before the 
sale and delivery of the swine. 
"(10) OTHER MARKET FORMULA PURCHASE.— 
"(A) IN GENERAL.—^The term 'other market formula 
purchase' means a purchase of swine by a packer in which 
the pricing mechanism is a formula price based on any 
market other than the market for swine, pork, or a pork 
product. 
"(B) INCLUSION.—^The term 'other market formula pur-
chase' includes a formula purchase in a case in which 
the price formula is based on one or more futures or options 
contracts. 
"(11) OTHER PURCHASE ARRANGEMENT.—The term 'other 
purchase arrangement' means a purchase of swine by a packer 
that— 
"(A) is not a negotiated purchase, swine or pork market 
formula purchase, or other market formula purchase; and 
"(B) does not involve packer-owned swine. 
"(12) PACKER.—^The term 'packer' means any person 
engaged in the business of buying swine in commerce for pur-
poses of slaughter, of manufacturing or preparing meats or 
meat food products from swine for sale or shipment in com-
merce, or of marketing meats or meat food products from swine 
in an unmanufactured form acting as a wholesale broker, 
dealer, or distributor in commerce, except that— 
"(A) the term includes only a swine processing plant 
that is federally inspected; 
"(B) for any calendar year, the term includes only 
a swine processing plant that slaughtered an average of 
at least 100,000 swine per year during the immediately 
preceding 5 calendar years; and 
"(C) in the case of a swine processing plant that did 
not slaughter swine during the immediately preceding 5 
calendar years, the Secretary shall consider the plant 
capacity of the processing plant in determining whether 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1195 
the processing plant should be considered a packer under 
this chapter. 
"(13) 
PACKER-OWNED 
SWINE.—^The term 
'packer-owned 
swine' means swine that a packer (including a subsidiary or 
affiliate of the packer) owns for at least 14 days immediately 
before slaughter. 
"(14) PACKER-SOLD SWINE.—^The term 'packer-sold swine' 
means the swine that are— 
"(A) owned by a packer (including a subsidiary or affil-
iate of the packer) for more than 14 days immediately 
before sale for slaughter; and 
"(B) sold for slaughter to another packer. 
"(15) PORK.—^The term 'pork' means the meat of a porcine 
animal. 
"(16) PORK PRODUCT.—^The term 'pork product' means a 
product or bj^roduct produced or processed in whole or in 
part from pork. 
"(17) PURCHASE DATA.—The term 'purchase data' means 
all of the applicable data, including weight (if purchased live), 
for all swine purchased during the applicable reporting period, 
regardless of the expected delivery date of the swine, reported 
b y -
"(A) hog class; 
"(B) type of purchase; and 
"(C) packer-owned swine. 
"(18) SLAUGHTER DATA.—^The term 'slaughter data' means 
all of the applicable data for all swine slaughtered by a packer 
during the applicable reporting period, regardless of when the 
price of the swine was negotiated or otherwise determined, 
reported by— 
"(A) hog class; 
"(B) type of purchase; and 
"(C) packer-owned swine. 
"(19) SOW.—^The term 'sow' means an adult female swine 
that has produced one or more litters. 
"(20) SWINE.—^The term 'swine' means a porcine animal 
raised to be a feeder pig, raised for seedstock, or raised for 
slaughter. 
"(21) 
SWINE OR PORK MARKET FORMULA PURCHASE.—The 
term 'swine or pork market formula purchase' means a pur-
chase of swine by a packer in which the pricing mechanism 
is a formula price based on a market for swine, pork, or a 
pork product, other than a future or option for swine, pork, 
or a pork product. 
"(22) TYPE OF PURCHASE.—The term 'type of purchase', 
with respect to swine, means— 
"(A) a negotiated purchase; 
"(B) other market formula purchase; 
"(C) a swine or pork market formula purchase; and 
"(D) other purchase arrangement. 
"SEC. 232. MANDATORY REPORTING FOR SWINE. 
7 USC 1635J. 
"(a) ESTABLISHMENT.—^The Secretary shall establish a program 
of swine price information reporting that will— 
"(1) provide timely, accurate, and reliable market informa-
tion; 
"(2) facilitate more informed marketing decisions; and 
113 STAT. 1196 
PUBLIC LAW 106-78—OCT. 22, 1999 
"(3) promote competition in the swine 
slaughtering 
industry. 
"(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS 
AND THE SECRETARY.— 
"(1) IN GENERAL.—^The Secretary shall establish and imple-
ment a price reporting program in accordance with this section 
that includes the reporting and publication of information 
required under this section. 
"(2) PACKER-OWNED SWINE.—Information required under 
this section for packer-owned swine shall include quantity and 
carcass characteristics, but not price. 
"(3) PACKER-SOLD SWINE.—If information regarding the 
type of purchase is required under this section, the information 
shall be reported according to the numbers and percentages 
of each type of purchase comprising— 
"(A) packer-sold swine; and 
"(B) all other swine. 
"(4) ADDITIONAL INFORMATION.— 
"(A) REVIEW.—The Secretary shall review the informa-
tion required to be reported by packers under this section 
at least once every 2 years. 
Regulations. 
"(B) OUTDATED INFORMATION.—After public notice and 
an opportunity for comment, subject to subparagraph (C), 
the Secretary shall promulgate regulations that specify 
additional information that shall be reported under this 
section if the Secretary determines under the review under 
subparagraph (A) that— 
"(i) information that is currently required no longer 
accurately reflects the methods by which swine are 
valued and priced by packers; or 
"(ii) packers that slaughter a significant majority 
of the swine produced in the United States no longer 
use backfat or lean percentage factors as indicators 
of price. 
"(C) 
LIMITATION.—Under 
subparagraph 
(B), 
the 
Secretary may not require packers to provide any new 
or additional information that— 
"(i) is not generally available or maintained by 
packers; or 
"(ii) would be otherwise unduly burdensome to 
provide. 
"(c) DAILY REPORTING.— 
"(1) PRIOR DAY REPORT.— 
"(A) IN GENERAL.—^The corporate officers or officially 
designated representatives of each packer processing plant 
shall report to the Secretary, for each business day of 
the packer, such information as the Secretary determines 
necessary and appropriate to— 
"(i) comply with the publication requirements of 
this section; and 
"(ii) provide for the timely access to the information 
by producers, packers, and other market participants. 
DeadUne. 
"(B) REPORTING DEADLINE AND PLANTS REQUIRED TO 
REPORT.—Not later than 7:00 a.m. Central Time on each 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1197 
reporting day, a packer required to report under subpara-
graph (A) shall report information regarding all swine pur-
chased, priced, or slaughtered during the prior business 
day of the packer. 
"(C) INFORMATION REQUIRED.—The information from 
the prior business day of a packer required under this 
paragraph shall include— 
"(i) all purchase data, including— 
"(I) the total number of— 
"(aa) swine purchased; and 
"(bb) swine scheduled for delivery; and 
"(II) the base price and purchase data for 
slaughtered swine for which a price has been 
established; 
"(ii) all slaughter data for the total number of 
swine slaughtered, including— 
"(I) information concerning the net price, 
which shall be equal to the total amount paid 
by a packer to a producer (including all premiums, 
less all discounts) per hundred pounds of carcass 
weight of swine delivered at the plant— 
"(aa) including any sum deducted from 
the price per hundredweight paid to a pro-
ducer that reflects the repajonent of a balance 
owed by the producer to the packer or the 
accumulation of a balance to later be repaid 
by the packer to the producer; and 
"(bb) excluding any sum earlier paid to 
a producer that must later be repaid to the 
packer; 
"(II) information concerning the average net 
price, which shall be equal to the quotient (stated 
per hundred pounds of carcass weight of swine) 
obtained by dividing— 
"(aa) the total amount paid for the swine 
slaughtered at a packing plant during the 
applicable reporting period, including all pre-
miums and discounts, and including any sum 
deducted from the price per hundredweight 
paid to a producer that reflects the repayment 
of a balance owed by the producer to the 
packer, or the accumulation of a balance to 
later be repaid by the packer to the producer, 
less all discounts; by 
"(bb) the total carcass weight (in hundred 
pound increments) of the swine; 
"(III) information concerning the lowest net 
price, which shall be equal to the lowest net price 
paid for a single lot or a group of swine slaughtered 
at a packing plant during the applicable reporting 
period per hundred pounds of carcass weight of 
swine; 
"(IV) information concerning the highest net 
price, which shall be equal to the highest net price 
paid for a single lot or group of swine slaughtered 
at a packing plant during the applicable reporting 
113 STAT. 1198 
PUBLIC LAW 106-78—OCT. 22, 1999 
period per hundred pounds of carcass weight of 
swine; 
"(V) the average carcass weight, which shall 
be equal to the quotient obtained by dividing— 
"(aa) the total carcass weight of the swine 
slaughtered at the packing plant during the 
applicable reporting period; by 
"(bb) the number of the swine described 
in item (aa), 
adjusted for special slaughter situations (such as 
skinning or foot removal), as the Secretary deter-
mines necessary to render comparable carcass 
weights; 
"(VI) the average sort loss, which shall be 
equal to the average discount (in dollars per hun-
dred pounds carcass weight) for swine slaughtered 
during the applicable reporting period, resulting 
from the fact that the swine did not fall within 
the individual packer's established carcass weight 
or lot variation range; 
"(VII) the average backfat, which shall be 
equal to the average of the backfat thickness (in 
inches) measured between the third and fourth 
from the last ribs, 7 centimeters from the carcass 
split (or adjusted from the individual packer's 
measurement to that reference point using an 
adjustment made by the Secretary) of the swine 
slaughtered during the applicable reporting period; 
"(VIII) the average lean percentage, which 
shall be equal to the average percentage of the 
carcass weight comprised of lean meat for the 
swine slaughtered during the applicable reporting 
period, except that when a packer is required to 
report the average lean percentage under this sub-
clause, the packer shall make available to the Sec-
retary the underlying data, applicable methodology 
and formulae, and supporting materials used to 
determine the average lean percentage, which the 
Secretary may convert to the carcass measure-
ments or lean percentage of the swine of the indi-
vidual packer to correlate to a common percent 
lean measurement; and 
"(IX) the total slaughter quantity, which shall 
be equal to the total number of swine slaughtered 
during the applicable reporting period, including 
all types of purchases and packer-owned swine; 
and 
"(iii) packer purchase commitments, which shall 
be equal to the number of swine scheduled for delivery 
to a packer for slaughter for each of the next 14 cal-
endar days. 
DeadUne. 
"(D) PUBLICATION.—The Secretary shall publish the 
information obtained under this paragraph in a prior day 
report not later than 8:00 a.m. Central Time on the 
reporting day on which the information is received from 
the packer. 
"(2) MORNING REPORT.— 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1199 
"(A) IN GENERAL.—The corporate officers or officially 
designated representatives of each packer processing plant 
shall report to the Secretary not later than 10:00 a.m. 
Central Time each reporting day— 
"(i) the packer's best estimate of the total number 
of swine, and packer-owned swine, expected to be pur-
chased throughout the reporting day through each type 
of purchase; 
"(ii) the total number of swine, and packer-owned 
swine, purchased up to that time of the reporting day 
through each type of purchase; 
"(iii) the base price paid for all base market hogs 
purchased up to that time of the reporting day through 
negotiated purchases; and 
"(iv) the base price paid for all base market hogs 
purchased through each type of purchase other than 
negotiated purchase up to that time of the reporting 
day, unless such information is unavailable due to 
pricing that is determined on a delayed basis. 
"(B) PUBLICATION.—The Secretary shall publish the 
information obtained under this paragraph in the morning 
report as soon as practicable, but not later than 11:00 
a.m. Central Time, on each reporting day. 
"(3) AFTERNOON REPORT.— 
"(A) IN GENERAL.—^The corporate officers or officially 
designated representatives of each packer processing plant 
shall report to the Secretary not later than 2:00 p.m. Cen-
tral Time each reporting day— 
"(i) the packer's best estimate of the total number 
of swine, and packer-owned swine, expected to be pur-
chased throughout the reporting day through each type 
of purchase; 
"(ii) the total number of swine, and packer-owned 
swine, purchased up to that time of the reporting day 
through each t3^e of purchase; 
"(iii) the base price paid for all base market hogs 
purchased up to that time of the reporting day through 
negotiated purchases; and 
"(iv) the base price paid for all base market hogs 
. purchased up to that time of the reporting day through 
each type of purchase other than negotiated purchase, 
unless such information is unavailable due to pricing 
that is determined on a delayed basis. 
"(B) PUBLICATION.—The Secretary shall publish the 
information obtained under this paragraph in the afternoon 
report as soon as practicable, but not later than 3:00 p.m. 
Central Time, on each reporting day. 
"(d) WEEKLY NONCARCASS MERIT PREMIUM REPORT.— 
"(1) IN GENERAL.—Not later than 4:00 p.m. Central Time 
on the first reporting day of each week, the corporate officers 
or officially designated representatives of each packer proc-
essing plant shall report to the Secretary a noncarcass merit 
premium report that lists— 
"(A) each category of standard noncarcass merit pre-
miums used by the packer in the prior slaughter week; 
and 
Deadline. 
Deadline. 
Deadline. 
Deadline. 
Deadline. 
113 STAT. 1200 
PUBLIC LAW 106-78—OCT. 22, 1999 
Deadline. 
7 use 1635m. 
7 use 1636. 
"(B) the amount (in dollars per hundred pounds of 
carcass weight) paid to producers by the packer, by cat-
egory. 
"(2) PREMIUM LIST.—^A packer shall maintain and make 
available to a producer, on request, a current listing of the 
dollar values (per hundred pounds of carcass weight) of each 
noncarcass merit premium used by the packer during the cur-
rent or the prior slaughter week. 
"(3) AVAILABILITY.—^A packer shall not be required to pay 
a listed noncarcass merit premium to a producer that meets 
the requirements for the premium if the need for swine in 
a given category is filled at a particular point in time. 
"(4) 
PUBLICATION.—The 
Secretary 
shall 
publish 
the 
information obtained under this subsection as soon as prac-
ticable, but not later than 5:00 p.m. Central Time, on the 
first reporting day of each week. 
"CHAPTER 4—LAMB REPORTmG 
"SEC. 241. MANDATORY REPORTING FOR LAMBS. 
"(a) ESTABLISHMENT.—^The Secretary may establish a program 
of mandatory lamb price information reporting that will— 
"(1) provide timely, accurate, and reliable market informa-
tion; 
"(2) facilitate more informed marketing decisions; and 
"(3) promote competition in the lamb slaughtering industry. 
"(b) NOTICE AND COMMENT.—If the Secretary establishes a 
mandatory price reporting program under subsection (a), the Sec-
retary shall provide an opportunity for comment on proposed regula-
tions to establish the program during the 30-day period beginning 
on the date of the publication of the proposed regulations. 
"CHAPTER 5—ADMINISTRATION 
«SEC. 251. GENERAL PROVISIONS. 
"(a) CONFIDENTIALITY.—^The Secretary shall make available to 
the public information, statistics, and documents obtained from, 
or submitted by, packers, retail entities, and other persons under 
this subtitle in a manner that ensures that confidentiality is pre-
served regarding— 
"(1) the identity of persons, including parties to a contract; 
and 
"(2) proprietary business information. 
"(b) DISCLOSURE BY FEDERAL GOVERNMENT EMPLOYEES.— 
"(1) IN GENERAL.—Subject to paragraph (2), no officer, 
employee, or agent of the United States shall, without the 
consent of the packer or other person concerned, divulge or 
make known in any manner, any facts or information regarding 
the business of the packer or other person that was acquired 
through reporting required under this subtitle. 
"(2) EXCEPTIONS.—Information obtained by the Secretary 
under this subtitle may be disclosed— 
"(A) to agents or employees of the Department of Agri-
culture in the course of their official duties under this 
subtitle; 
"(B) as directed by the Secretary or the Attorney 
General, for enforcement purposes; or 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1201 
"(C) by a court of competent jurisdiction. 
"(3) DISCLOSURE UNDER FREEDOM OF INFORMATION ACT.— 
Notwithstanding any other provision of law, no facts or informa-
tion obtained under this subtitle shall be disclosed in accordance 
with section 552 of title 5, United States Code. 
"(c) REPORTING BY PACKERS.—^A packer shall report all informa-
tion required under this subtitle on an individual lot basis. 
"(d) REGIONAL REPORTING AND AGGREGATION.—The Secretary PubUc 
shall make information obtained under this subtitle available to information. 
the public only in a manner that— 
"(1) ensures that the information is published on a national 
and a regional or statewide basis as the Secretary determines 
to be appropriate; 
"(2) ensures that the identity of a reporting person is 
not disclosed; and 
"(3) conforms to aggregation guidelines established by the 
Secretary. 
"(e) ADJUSTMENTS.—Prior to the publication of any information 
required under this subtitle, the Secretary may make reasonable 
adjustments in information reported by packers to reflect price 
aberrations or other unusual or unique occurrences that the Sec-
retary determines would distort the published information to the 
detriment of producers, packers, or other market participants. 
"(f) VERIFICATION.—^The Secretary shall take such actions as 
the Secretary considers necessary to verify the accuracy of the 
information submitted or reported under chapter 2, 3, or 4. 
"(g) ELECTRONIC REPORTING AND PUBLISHING.—^The Secretary 
shall, to the maximum extent practicable, provide for the reporting 
and publishing of the information required under this subtitle by 
electronic means. 
"(h) REPORTING OF ACTIVITIES ON WEEKENDS AND HOLIDAYS.— 
"(1) IN GENERAL.—Livestock committed to a packer, or pur-
chased, sold, or slaughtered by a packer, on a weekend day 
or holiday shall be reported by the packer to the Secretary 
(to the extent required under this subtitle), and reported by 
the Secretary, on the immediately following reporting day. 
"(2) LIMITATION ON REPORTING BY PACKERS.—^A packer shall 
not be required to report actions under paragraph (1) more 
than once on the immediately following reporting day. 
"(i) EFFECT ON OTHER LAWS.—Nothing in this subtitle, the 
Livestock Mandatory Reporting Act of 1999, or amendments made 
by that Act restricts or modifies the authority of the Secretary 
to— 
"(1) administer or enforce the Packers and Stockyards Act, 
1921(7U.S.C. ISletseq.); 
"(2) administer, enforce, or collect voluntary reports under 
this title or any other law; or 
"(3) access documentary evidence as provided under sec-
tions 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 
49, 50). 
"SEC. 252. UNLAWFUL ACTS. 
7 USC 1636a. 
"It shall be unlawful and a violation of this subtitle for any 
packer or other person subject to this subtitle (in the submission 
of information required under chapter 2, 3, or 4, as determined 
by the Secretary) to willfully— 
113 STAT. 1202 
PUBLIC LAW 106-78—OCT. 22, 1999 
"(1) fail or refuse to provide, or delay the timely reporting 
of, accurate information to the Secretary (including estimated 
information); 
"(2) solicit or request that a packer, the buyer or seller 
of livestock or livestock products, or any other person fail 
to provide, as a condition of any transaction, accurate or timely 
information required under this subtitle; 
"(3) fail or refuse to comply with this subtitle; or 
"(4) report estimated information in any report required 
under this subtitle in a manner that demonstrates a pattern 
of significant variance in accuracy when compared to the actual 
information that is reported for the same reporting period, 
or as determined by any audit, oversight, or other verification 
procedures of the Secretary. 
7 use 1636b. 
"SEC. 253. ENFORCEMENT. 
"(a) CIVIL PENALTY.— 
"(1) IN GENERAL.—^Any packer or other person that violates 
this subtitle may be assessed a civil penalty by the Secretary 
of not more than $10,000 for each violation. 
"(2) CONTINUING VIOLATION.—Each day during which a 
violation continues shall be considered to be a separate viola-
tion. 
"(3) FACTORS.—In determining the amount of a civil penalty 
to be assessed under paragraph (1), the Secretary shall consider 
the gravity of the offense, the size of the business involved, 
and the effect of the penalty on the ability of the person 
that has committed the violation to continue in business. 
"(4) MULTIPLE VIOLATIONS.—In determining whether to 
assess a civil penalty under paragraph (1), the Secretary shall 
consider whether a packer or other person subject to this sub-
title has engaged in a pattern of errors, delays, or omissions 
in violation of this subtitle. 
"(b) CEASE AND DESIST.—In addition to, or in lieu of, a civil 
penalty under subsection (a), the Secretary may issue an order 
to cease and desist from continuing any violation. 
"(c) NOTICE AND HEARING.—No penalty shall be assessed, or 
cease and desist order issued, by the Secretary under this section 
unless the person against which the penalty is assessed or to 
which the order is issued is given notice and opportunity for a 
hearing before the Secretary with respect to the violation. 
"(d) FINALITY AND JUDICIAL REVIEW.— 
"(1) IN GENERAL.—^The order of the Secretary assessing 
a civil penalty or issuing a cease and desist order under this 
section shall be final and conclusive unless the affected person 
files an appeal of the order of the Secretary in United States 
district court not later than 30 days after the date of the 
issuance of the order. 
"(2) STANDARD OF REVIEW.—^A finding of the Secretary 
under this section shall be set aside only if the finding is 
found to be unsupported by substantial evidence. 
"(e) ENFORCEMENT.— 
"(1) IN GENERAL.—If, after the lapse of the period allowed 
for appeal or after the affirmance of a penalty assessed under 
this section, the person against which the civil penalty is 
assessed fails to pay the penalty, the Secretary may refer 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1203 
the matter to the Attorney Greneral who may recover the pen-
alty by an action in United States district court. 
"(2) FINALITY.—In the action, the final order of the Sec-
retary shall not be subject to review. 
"(f) INJUNCTION OR RESTRAINING ORDER.— 
"(1) IN GENERAL.—If the Secretary has reason to believe 
that any person subject to this subtitle has failed or refused 
to provide the Secretary information required to be reported 
pursuant to this subtitle, and that it would be in the public 
interest to enjoin the person from further failure to comply 
with the reporting requirements, the Secretary may notify the 
Attorney General of the failure. 
"(2) ATTORNEY GENERAL.—The Attorney General may apply 
to the appropriate district court of the United States for a 
temporary or permanent injunction or restraining order. 
"(3) COURT.—^When needed to carry out this subtitle, the 
court shall, on a proper showing, issue a temporary injunction 
or restraining order without bond. 
"(g) FAILURE TO OBEY ORDERS.— 
"(1) IN GENERAL.—If a person subject to this subtitle fails 
to obey a cease and desist or civil penalty order issued under 
this 
subsection 
after 
the order has become 
final and 
unappealable, or after the appropriate United States district 
court has entered a final judgment in favor of the Secretary, 
the United States may apply to the appropriate district court 
for enforcement of the order. 
"(2) ENFORCEMENT.—If the court determines that the order 
was lawfully made and duly served and that the person violated 
the order, the court shall enforce the order. 
"(3) CIVIL PENALTY.—If the court finds that the person 
violated the cease and desist provisions of the order, the person 
shall be subject to a civil penalty of not more than $10,000 
for each offense. 
"SEC. 254. FEES. 
'The Secretary shall not charge or assess a user fee, transaction 
fee, service charge, assessment, reimbursement, or any other fee 
for the submission or reporting of information, for the receipt or 
availability of, or access to, published reports or information, or 
for any other activity required under this subtitle. 
"SEC. 255. RECORDKEEPING. 
"(a) IN GENERAL.—Subject to subsection (b), each packer 
required to report information to the Secretary under this subtitle 
shall maintain, and make available to the Secretary on request, 
for 2 years— 
"(1) the original contracts, agreements, receipts and other 
records associated with any transaction relating to the pur-
chase, 
sale, 
pricing, 
transportation, 
delivery, 
weighing, 
slaughter, or carcass characteristics of all livestock; and 
"(2) such records or other information as is necessary or 
appropriate to verify the accuracy of the information required 
to be reported under this subtitle. 
"(b) LIMITATIONS.—^Under subsection (a)(2), the Secretary may 
not require a packer to provide new or additional information 
if— 
"(1) the information is not generally available or main-
tained by packers; or 
7 use 1636c. 
7 use 1636d. 
113 STAT. 1204 
PUBLIC LAW 106-78—OCT. 22, 1999 
"(2) the provision of the information would be unduly 
burdensome. 
"(c) PURCHASES OF CATTLE OR SWINE.—A record of a purchase 
of a lot of cattle or a lot of swine by a packer shall evidence 
whether the purchase occurred— 
"(1) before 10:00 a.m. Central Time; 
"(2) between 10:00 a.m. and 2:00 p.m. Central Time; or 
"(3) after 2:00 p.m. Central Time. 
7 u s e 1636e 
"SEC. 256. VOLUNTARY REPORTING. 
"The Secretary shall encourage voluntary reporting by packers 
(as defined in section 201 of the Packers and Stockyards Act, 
1921 (7 U.S.C. 191)) to which the mandatory reporting requirements 
of this subtitle do not apply. 
Records. 
"SEC. 257. PUBLICATION OF INFORMATION ON RETAIL PURCHASE 
16 u s e 1636f. 
PRICES FOR REPRESENTATIVE MEAT PRODUCTS. 
Effective date. 
"(a) IN GENERAL.—Beginning not later than 90 days after the 
date of the enactment of this subtitle, the Secretary shall compile 
and publish at least monthly (weekly, if practicable) information 
on retail prices for representative food products made from beef, 
pork, chicken, turkey, veal, or lamb. 
"(b) INFORMATION.—The report published by the Secretary 
under subsection (a) shall include— 
"(1) information on retail prices for each representative 
food product described in subsection (a); and 
"(2) information on total sales quantity (in pounds and 
dollars) for each representative food product. 
"(c) MEAT PRICE SPREADS REPORT.—During the period ending 
2 years after the initial publication of the report required imder 
subsection (a), the Secretary shall continue to publish the Meat 
Price Spreads Report in the same manner as the Report was pub-
lished before the date of the enactment of this subtitle. 
"(d) INFORMATION COLLECTION.— 
"(1) IN GENERAL.—To ensure the accuracy of the reports 
required under subsection (a), the Secretary shall obtain the 
information 
for the reports from one or more 
sources 
including— 
"(A) a consistently representative set of retail trans-
actions; and 
"(B) both prices and sales quantities for the trans-
actions. 
"(2) SOURCE OF INFORMATION.—The Secretary may— 
"(A) obtain the information from retailers or commer-
cial information sources; and 
"(B) use valid statistical sampling procedures, if 
necessary. 
"(3) ADJUSTMENTS.—In providing information on retail 
prices under this section, the Secretary may make adjustments 
to take into account differences in— 
"(A) the geographic location of consumption; 
"(B) the location of the principal source of supply; 
"(C) distribution costs; and 
"(D) such other factors as the Secretary determines 
reflect a verifiable comparative retail price for a representa-
tive food product. 
"(e) ADMINISTRATION.—The Secretary— 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1205 
"(1) shall collect information under this section only on 
a voluntary basis; and 
"(2) shall not impose a penalty on a person for failure 
to provide the information or otherwise compel a person to 
provide the information. 
"SEC. 258. SUSPENSION AUTHORITY REGARDING SPECIFIC TERMS OF 
7 USC 1636g. 
PRICE REPORTING REQUIREMENTS. 
"(a) IN GENERAL.—^The Secretary may suspend any requirement 
of this subtitle if the Secretary determines that application of the 
requirement is inconsistent with the purposes of this subtitle. 
"(b) SUSPENSION PROCEDURE.— 
"(1) PERIOD.—^A suspension under subsection (a) shall be 
for a period of not more than 240 days. 
"(2) ACTION BY CONGRESS.—If an Act of Congress con-
cerning the requirement that is the subject of the suspension 
under subsection (a) is not enacted by the end of the period 
of the suspension established under paragraph (1), the Sec-
retary shall implement the requirement. 
"SEC. 259. FEDERAL PREEMPTION. 
7 USC 1636h. 
"In order to achieve the goals, purposes, and objectives of 
this title on a nationwide basis and to avoid potentially conflicting 
State laws that could impede the goals, purposes, or objectives 
of this title, no State or political subdivision of a State may impose 
a requirement that is in addition to, or inconsistent with, any 
requirement of this subtitle with respect to the submission or 
reporting of information, or the publication of such information, 
on the prices and quantities of livestock or livestock products.". 
SEC. 912. UNJUST DISQUALIFICATION. 
7 USC 1635 note. 
Section 202(b) of the Packers and Stockyards Act, 1921 (7 
U.S.C. 192(b)), is amended by striking "whatsoever" each place 
it appears. 
SEC. 913. CONFORMING AMENDMENTS. 
7 USC 1635 note. 
(a) Section 416 of the Packers and Stockyards Act, 1921 (7 
U.S.C. 229a), is repealed. 
(b) Section 1127 of the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations 
Act, 1999 (7 U.S.C. 1421 note; Public Law 105-277), is amended— 
(1) by striking subsection (b) and inserting the following: 
"(b) EXPORT MARKET REPORTING.—The Secretary shall— 
"(1) implement a streamlined electronic system for col-
lecting export sales and shipments data, in the least intrusive 
manner possible, for fresh or frozen muscle cuts of meat food 
products; and 
"(2) develop a data-reporting program to disseminate sum-
mary information in a timely manner (in the case of beef, 
consistent with the reporting under section 602(a) of the Agri-
cultural Trade Act of 1978 (7 U.S.C. 5712(a)))."; and 
(2) in subsection (c), by striking "this section of the Act" 
and inserting "subsection (b)". 
113 STAT. 1206 
PUBLIC LAW 106-78—OCT. 22, 1999 
Subtitle B—Related Beef Reporting 
Provisions 
7 u s e 1635 note. 
SEC. 921. BEEF EXPORT REPORTING. 
Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 
5712(a)(1)) is amended by inserting ", beef," after "cotton". 
7 u s e 1635 note. 
SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PROD-
UCTS. 
Deadline. 
Not later than 1 year after the date of the enactment of this 
Act, the Secretary of Agriculture shall fully implement a program, 
through the use of a streamlined electronic online system, to issue 
and report export certificates for all meat and meat products. 
7 u s e 1635 note. 
SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE. 
(a) IN GENERAL.—^The Secretary of Agriculture shall— 
(1) obtain information regarding the import of beef and 
beef variety meats (consistent with the information categories 
reported for beef exports under section 602(a) of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle using 
available information sources; and 
Publication. 
(2) publish the information in a timely manner weekly 
and in a form that maximizes the utility of the information 
to beef producers, packers, and other market participants. 
(b) 
CONTENT.—^The 
published 
information 
shall 
include 
information reporting the year-to-date cumulative annual imports 
of beef, beef variety meats, and cattle for the current and prior 
marketing years. 
7 u s e 1635 note. 
SEC. 924. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out sections 922 and 923. 
Subtitle C—Related Swine Reporting 
Provisions 
7 u s e 1635 note. 
Publication. 
Effective date. 
Records. 
7 u s e 1635 note. 
SEC. 931. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT. 
(a) IN GENERAL.—Effective beginning not later than 90 days 
after the date of the enactment of this Act, the Secretary of Agri-
culture shall publish on a monthly basis the Hogs and Pigs Inven-
tory Report. 
(b) GESTATING SOWS.—The Secretary shall include in a separate 
category of the Report the number of bred female swine that are 
assumed, or have been confirmed, to be pregnant during the 
reporting period. 
(c) PHASE-OUT.—Effective for a period of eight quarters after 
the implementation of the monthly report required under subsection 
(a), the Secretary shall continue to maintain and publish on a 
quarterly basis the Hogs and Pigs Inventory Report published on 
or before the date of the enactment of this Act. 
SEC. 932. BARROW AND GILT SLAUGHTER. 
(a) IN GENERAL.—^The Secretary of Agriculture shall promptly 
obtain and maintain, through an appropriate collection system or 
valid sampling system at packing plants, information on the total 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1207 
slaughter of swine that reflects differences in numbers between 
barrows and gilts, as determined by the Secretary. 
(b) AVAILABILITY.—The information shall be made available Publication, 
to swine producers, packers, and other market participants in a 
report published by the Secretary not less frequently than weekly. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary shall administer the collec-
tion and compilation of information, and the publication of 
the report, required by this section. 
(2) NONDELEGATION.—The Secretary shall not delegate the 
collection, compilation, or administration of the information 
required by this section to any packer (as defined in section 
201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)). 
SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT. 
7 USC 1635 note. 
(a) IN GENERAL.—The Secretary of Agriculture shall contract Contracts, 
with a qualified contractor to conduct a correlation study and pre-
pare a report establishing a baseline and standards for determining 
and improving average trim loss measurements and processing 
techniques for pork processors to employ in the slaughter of swine. 
(b) CORRELATION STUDY AND REPORT.—The study and report 
shall— 
(1) analyze processing techniques that would assist the 
pork processing industry in improving procedures for uniformity 
and transparency in how trim loss is discounted (in dollars 
per hundred pounds carcass weight) by different packers and 
processors; 
(2) analyze slaughter inspection procedures that could be 
improved so that trimming procedures and policies of the Sec-
retary are uniform to the maximum extent determined prac-
ticable by the Secretary; 
(3) determine how the Secretary may be able to foster 
improved breeding techniques and animal handling and 
transportation procedures through training programs made 
available to swine producers so as to minimize trim loss in 
slaughter processing; and 
(4) make recommendations that are designed to effect 
changes in the pork industry so as to achieve continuous 
improvement in average trim losses and discounts. 
(c) SUBSEQUENT REPORTS ON STATUS OF IMPROVEMENTS AND 
UPDATES IN BASELINE.—Not less frequently than once every 2 years 
after the initial publication of the report required under this section, 
the Secretary shall make subsequent periodic reports that— 
(1) examine the status of the improvement in reducing 
trim loss discounts in the pork processing industry; and 
(2) update the baseline to reflect changes in trim loss 
discounts. 
(d) 
SUBMISSION 
OF REPORTS TO CONGRESS, PRODUCERS, 
PACKERS, AND OTHERS.—The reports required under this section 
shall be made available to— 
(1) the public on the Internet; 
Public 
(2) the Committee on Agriculture of the House of Rep- information, 
resentatives; 
(3) the Committee on Agriculture, Nutrition, and Forestry 
of the Senate; 
(4) producers and packers; and 
(5) other market participants. 
113 STAT. 1208 
PUBLIC LAW 106-78—OCT. 22, 1999 
SEC. 934. SWINE PACKER MARKETING CONTRACTS. 
Title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 
191 et seq.) is amended— 
(1) by inserting before section 201 (7 U.S.C. 191) the 
following: 
"Subtitle A—General Provisions"; 
and 
(2) by adding at the end the following: 
"Subtitle B—Swine Packer Marketing 
Contracts 
7 use 198. 
"SEC. 221. DEFINITIONS. 
"Except as provided in section 223(a), in this subtitle: 
"(1) MARKET.—The term 'market' means the sale or disposi-
tion of swine, pork, or pork products in commerce. 
"(2) PACKER.—^The term 'packer' has the meaning given 
the term in section 231 of the Agricultural Marketing Act 
of 1946. 
"(3) PORK.—^The term 'pork' means the meat of a porcine 
animal. 
"(4) PORK PRODUCT.—^The term 'pork product' means a 
product or byproduct produced or processed in whole or in 
part from pork. 
"(5) STATE.—The term 'State' means each of the 50 States. 
"(6) SwiNE.—^The term 'swine' means a porcine animal 
raised to be a feeder pig, raised for seedstock, or raised for 
slaughter. 
"(7) TYPE OF CONTRACT.—^The term 'type of contract' means 
the classification of contracts or risk management agreements 
for the purchase of swine by— 
"(A) the mechanism used to determine the base price 
for swine committed to a packer, grouped into practicable 
classifications by the Secretary (including swine or pork 
market formula purchases, other market formula pur-
chases, and other purchase arrangements); and 
"(B) the presence or absence of an accrual account 
or ledger that must be repaid by the producer or packer 
that receives the benefit of the contract pricing mechanism 
in relation to negotiated prices. 
"(8) OTHER TERMS.—Except as provided in this subtitle, 
a term has the meaning given the term in section 212 or 
231 of the Agricultural Marketing Act of 1946. 
7 use 198a. 
"SEC. 222. SWINE PACKER MARKETING CONTRACTS OFFERED TO PRO-
DUCERS. 
Records. 
"(a) IN GENERAL.—Subject to the availability of appropriations 
to carry out this section, the Secretary shall establish and maintain 
a library or catalog of each type of contract offered by packers 
to swine producers for the purchase of all or part of the producers' 
production of swine (including swine that are purchased or com-
mitted for delivery), including all available noncarcass merit pre-
miums. 
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1209 
"(b) AVAILABILITY.—The Secretary shall make available to swine 
producers and other interested persons information on the types 
of contracts described in subsection (a), including notice (on a real-
time basis if practicable) of the types of contracts that are being 
offered by each individual packer to, and are open to acceptance 
by, producers for the purchase of swine. 
"(c) CONFIDENTIALITY.—The reporting requirements under sub-
sections (a) and (b) shall be subject to the confidentiality protections 
provided under section 251 of the Agricultural Marketing Act of 
1946. 
"(d) INFORMATION COLLECTION.— 
"(1) IN GENERAL.—^The Secretary shall— 
"(A) obtain (by a filing or other procedure required 
of each individual packer) information indicating what 
types of contracts for the purchase of swine are available 
from each packer; and 
"(B) make the information available in a monthly 
report to swine producers and other interested persons. 
"(2) CONTRACTED SWINE NUMBERS.—Each packer shall pro- PubUcation. 
vide, and the Secretary shall collect and publish in the monthly 
report 
required 
under 
paragraph 
(1)(B), 
information 
specifying— 
"(A) the types of existing contracts for each packer; 
"(B) the provisions contained in each contract that 
provide for expansion in the numbers of swine to be deliv-
ered under the contract for the following 6-month and 
12-month periods; 
"(C) an estimate of the total number of swine com-
mitted by contract for delivery to all packers within the 
6-month and 12-month periods following the date of the 
report, reported by reporting region and by type of contract; 
and 
"(D) an estimate of the maximum total number of 
swine that potentially could be delivered within the 6-
month and 12-month periods following the date of the 
report under the provisions described in subparagraph (B) 
that are included in existing contracts, reported by 
reporting region and by type of contract. 
"(e) VIOLATIONS.—It shall be unlawful and a violation of this 
title for any packer to willfully fail or refuse to provide to the 
Secretary accurate information required under, or to willfully fail 
or refuse to comply with any requirement of, this section. 
"(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as necessary to carry out this section. 
"SEC. 223. REPORT ON THE SECRETARY'S JURISDICTION, POWER, 
7 USC198b. 
DUTIES, AND AUTHORITIES. 
"(a) DEFINITION OF PACKER.—In this section, the term 'packer' 
has the meaning given the term in section 201 of the Packers 
and Stockyards Act, 1921 (7 U.S.C. 191). 
"(b) REPORT.—Not later than 90 days after the date of the Deadline, 
enactment of this subtitle, the Comptroller General of the United 
States shall provide to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report describing the jurisdiction, 
powers, duties, and authorities of the Secretary that relate to 
packers and other persons involved in procuring, slaughtering, or 
113 STAT. 1210 
PUBLIC LAW 106-78—OCT. 22, 1999 
processing swine, pork, or pork products that are covered by this 
Act and other laws, including— 
"(1) the Federal Trade Commission Act (15 U.S.C. 41 et 
seq.), especially sections 6, 8, 9, and 10 of that Act (15 U.S.C. 
46, 48, 49, and 50); and 
"(2) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
et seq.). 
"(c) CONTENTS.—^The Comptroller General shall include in the 
report an analysis of— 
"(1) burdens on and obstructions to commerce in swine, 
pork, and pork products by packers, and other persons that 
enter into arrangements with the packers, that are contrary 
to, or do not protect, the public interest; 
"(2) noncompetitive pricing arrangements between or 
among packers, or other persons involved in the processing, 
distribution, or sale of pork and pork products, including 
arrangements provided for in contracts for the purchase of 
swine; 
"(3) the effective monitoring of contracts entered into 
between packers and swine producers; 
"(4) investigations that relate to, and affect, the disclosure 
of— 
"(A) transactions involved in the business conduct and 
practices of packers; and 
"(B) the pricing of swine paid to producers by packers 
and the pricing of products in the pork and pork product 
merchandising chain; 
"(5) the adequacy of the authority of the Secretary to pre-
vent a packer from unjustly or arbitrarily refusing to offer 
a producer, or disqualifying a producer from eligibility for, 
a particular contract or type of contract for the purchase of 
swine; and 
"(6) the ability of the Secretary to cooperate with and 
enhance the enforcement of actions initiated by other Federal 
departments and agencies, or Federal independent agencies, 
to protect trade and commerce in the pork and pork product 
industries against unlawful restraints and monopolies.". 
7 u s e 1635 note. 
SEC. 935. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle and the amendments made 
by this subtitle. 
Subtitle D—Implementation 
DeadUne. 
SEC. 941. REGULATIONS. 
7 use 1635 note. 
(a) IN GENERAL.—^Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Agriculture shall publish 
final regulations to implement this title and the amendments made 
by this title. 
(b) PUBLICATION OF PROPOSED REGULATIONS.—^Not later than 
90 days after the date of the enactment of this Act, the Secretary 
shall publish proposed regulations to implement this title and the 
amendments made by this title. 
(c) COMMENT PERIOD.—^The Secretary shall provide an oppor-
tunity for comment on the proposed regulations during the 30-
PUBLIC LAW 106-78—OCT. 22, 1999 
113 STAT. 1211 
day period beginning on the date of the publication of the proposed 
regulations. 
(d) FINAL REGULATIONS.—^Not later than 60 days after the 
conclusion of the comment period, the Secretary shall publish the 
final regulations and implement this title and the amendments 
made by this title. 
SEC. 942. TERMINATION OF AUTHORITY. 
7 USC 1635 note. 
The authority provided by this title and the amendments made 
by this title terminate 5 years after the date of the enactment 
of this Act. 
This Act may be cited as the "Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 2000". 
Approved October 22, 1999. 
LEGISLATIVE HISTORY—H.R. 1906 (S. 1233): 
HOUSE REPORTS: Nos. 106-157 (Comm. on Appropriations) and 106-354 (Comm. 
of Conference). 
SENATE REPORTS: No. 106-80 accompanying S. 1233 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
May 25, 26, June 8, considered and passed House. 
Aug. 4, considered and passed Senate, amended, in lieu of S. 1233. 
Oct. 1, House agreed to conference report. 
Oct. 7, 12, 13, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Oct. 22, Presidential statement.