[105th Congress Public Law 86]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ86.105]
[[Page 111 STAT. 2079]]
Public Law 105-86
105th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1998, and for other purposes. <<NOTE: Nov. 18,
1997 - [H.R. 2160]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1998.>> 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, 1998, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this amount,
along with any unobligated balances of representation funds in the
Foreign Agricultural Service, shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary: Provided further, That none of the funds appropriated
or otherwise made available by this Act may be used to pay the salaries
and expenses of personnel of the Department of Agriculture to carry out
section 793(c)(1)(C) of Public Law 104-127: Provided further, That none
of the funds made available by this Act may be used to enforce section
793(d) of Public Law 104-127.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, and the functions of
the World Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of section
[[Page 111 STAT. 2080]]
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $5,000 is for employment under 5 U.S.C. 3109, $5,048,000.
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,718,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $5,986,000.
office of the chief information officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $10,000 is for employment under 5 U.S.C. 3109, $4,773,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109, $4,283,000: Provided,
That the Chief Financial Officer shall actively market cross-servicing
activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded in this
Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for the operation,
maintenance, and repair of Agriculture buildings, $123,385,000:
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
[[Page 111 STAT. 2081]]
the funds made available for space rental and related costs to or from
this account. In addition, for construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the programs of the Department, where not
otherwise provided, $5,000,000, to remain available until expended; and
in addition, for necessary relocation expenses of the Department's
agencies, $2,700,000, to remain available until expended; making a total
appropriation of $131,085,000.
Hazardous Waste Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recovery Act,
42 U.S.C. 6961, $15,700,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Waste Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $27,231,000, 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 Department, including employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $10,000 is for employment under 5
U.S.C. 3109: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
in this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,668,000: Provided, That no other
funds appropriated to the Department by this Act shall be available to
the Department for support of activities of congressional relations:
Provided further, That not less than $2,241,000 shall be transferred to
agencies funded in this Act to maintain personnel at the agency level.
[[Page 111 STAT. 2082]]
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemination
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, $63,128,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including a sum not to exceed $50,000 for employment under 5
U.S.C. 3109; and including a sum not to exceed $95,000 for certain
confidential operational expenses including the payment of informants,
to be expended under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 of Public Law 97-98: Provided, That
funds transferred to the Office of the Inspector General through
forfeiture proceedings or from the Department of Justice Assets
Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a
participating agency, as an equitable share from the forfeiture of
property in investigations in which the Office of the Inspector General
participates, or through the granting of a Petition for Remission or
Mitigation, shall be deposited to the credit of this account for law
enforcement activities authorized under the Inspector General Act of
1978, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$28,524,000.
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 Agricultural Research Service, and
the Cooperative State Research, Education, 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
[[Page 111 STAT. 2083]]
laws, $71,604,000: 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).
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 the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$118,048,000, of which up to $36,327,000 shall be available until
expended for the Census of Agriculture: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $40,000 shall be available for employment under 5
U.S.C. 3109: Provided further, That, <<NOTE: 13 USC 142 note.>>
notwithstanding any other provision of law, the Secretary of Agriculture
shall conduct the 1997 Census of Agriculture, to the extent practicable,
pursuant to the provisions of title 13, United States Code.
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 agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, $744,605,000: Provided,
That appropriations hereunder shall be available for temporary
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 $115,000 shall be
available for employment under 5 U.S.C. 3109: Provided further,
That <<NOTE: 7 USC 2254.>> appropriations hereunder shall be available
for the operation and maintenance of aircraft and the purchase of not to
exceed one for replacement only: Provided further, That 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 constructing any one building
shall not exceed $250,000, except for headhouses or greenhouses which
shall each be limited to $1,000,000, and except for ten 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 limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the purpose
of establishing or operating any research facility or research project
of the Agricultural Research Service, as authorized by law: Provided
further, That the item under the heading ``Agricultural Research
Service''
[[Page 111 STAT. 2084]]
in title I of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1996 (Public
Law 104-37; 109 Stat. 304), is amended by striking the penultimate
proviso, relating to conveyance of the Pecan Genetics and Improvement
Research Laboratory.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
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, $80,630,000, 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 establishing any research
facility of the Agricultural Research Service, as authorized by law.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $168,734,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-i); $20,497,000 for grants for cooperative forestry
research (16 U.S.C. 582a-a7); $27,735,000 for payments to the 1890 land-
grant colleges, including Tuskegee University (7 U.S.C. 3222);
$51,495,000 for special grants for agricultural research (7 U.S.C.
450i(c)); $15,048,000 for special grants for agricultural research on
improved pest control (7 U.S.C. 450i(c)); $97,200,000 for competitive
research grants (7 U.S.C. 450i(b)); $4,775,000 for the support of animal
health and disease programs (7 U.S.C. 3195); $650,000 for supplemental
and alternative crops and products (7 U.S.C. 3319d); $550,000 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; $3,000,000 for
higher education graduate fellowships 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 minority scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,500,000 for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241); $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);
$1,450,000 for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382; and $11,226,000 for necessary expenses
of Research
[[Page 111 STAT. 2085]]
and Education Activities, of which not to exceed $100,000 shall be for
employment under 5 U.S.C. 3109; in all, $431,410,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions endowment fund,
as authorized by Public Law 103-382 (7 U.S.C. 301 note), $4,600,000.
Extension Activities
Payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For
payments for cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under section
208(c) of Public Law 93-471, for retirement and employees' compensation
costs for extension agents and for costs of penalty mail for cooperative
extension agents and State extension directors, $268,493,000; payments
for extension work at the 1994 Institutions under the Smith-Lever Act (7
U.S.C. 343(b)(3)), $2,000,000; payments for the nutrition and family
education 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, $2,855,000; payments for the pesticide impact
assessment program under section 3(d) of the Act, $3,214,000; payments
to upgrade 1890 land-grant college research, extension, and teaching
facilities as authorized by section 1447 of Public Law 95-113 (7 U.S.C.
3222b), $7,549,000, to remain available until expended; payments for the
rural development centers under section 3(d) of the Act, $908,000;
payments for a groundwater quality program under section 3(d) of the
Act, $9,061,000; payments for the agricultural telecommunications
program, as authorized by Public Law 101-624 (7 U.S.C. 5926), $900,000;
payments for youth-at-risk programs under section 3(d) of the Act,
$9,554,000; payments for a food safety program under section 3(d) of the
Act, $2,365,000; payments for carrying out the provisions of the
Renewable Resources Extension Act of 1978, $3,192,000; payments for
Indian reservation agents under section 3(d) of the Act, $1,672,000;
payments 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, $25,090,000; and for Federal
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and
to coordinate and provide program leadership for the extension work of
the Department and the several States and insular possessions,
$11,108,000; in all, $423,376,000: 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,
[[Page 111 STAT. 2086]]
or the Virgin Islands, Micronesia, Northern Marianas, and American Samoa
prior to availability of an equal sum from non-Federal sources for
expenditure during the current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Assistant
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 Administration, $618,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; 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, $426,282,000, of which $4,500,000
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 conditions: Provided, That no
funds shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided further, That
this appropriation shall be available 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, <<NOTE: 21 USC 129.>> in
addition, in emergencies which threaten 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 he may deem necessary, to be available
only in such emergencies for the arrest and eradication of contagious or
infectious disease or pests of animals, poultry, or plants, and for
expenses in 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 preceding
fiscal year shall be merged with such transferred amounts: Provided
further, That appropriations hereunder shall be available pursuant to
law (7 U.S.C. 2250) for the repair and alteration of leased buildings
and improvements, but unless otherwise provided the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
[[Page 111 STAT. 2087]]
In fiscal year 1998 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
1998, $88,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $4,200,000, 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 administration and
coordination of payments to States; 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 $90,000 for employment under 5 U.S.C.
3109, $46,592,000, including funds for the wholesale market development
program for the design and development of wholesale and farmer market
facilities for the major metropolitan areas of the country: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
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 $59,521,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable 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
[[Page 111 STAT. 2088]]
expenses, except for: (1) transfers to the Department of Commerce as
authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers
otherwise provided in this Act; and (3) not more than $10,690,000 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 activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,200,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers 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, $23,928,000: 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.
Inspection and Weighing Services
limitation on inspection and weighing service expenses
Not to exceed $43,092,000 (from fees collected) shall be obligated
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 on services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, $589,263,000, of which $5,000,000 shall
be available for obligation only after promulgation of a final rule to
implement the provisions of subsection (e) of section 5 of the Egg
Products Inspection Act (21 U.S.C. 1034(e)), and in addition, $1,000,000
may be credited to this account from fees collected for the cost of
laboratory accreditation as authorized
[[Page 111 STAT. 2089]]
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 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 $75,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement 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,
$700,659,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account: Provided 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), $2,000,000.
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 manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government, and
in making indemnity payments for milk, or cows producing such milk, at a
fair market value to any dairy farmer who is directed to remove his milk
from commercial markets because of: (1) the presence of products of
nuclear
[[Page 111 STAT. 2090]]
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, $550,000, 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 his willful failure to
follow procedures prescribed 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 Corporation 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 available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $460,000,000 of which $400,000,000 shall be for
guaranteed loans; operating loans, $2,395,000,000 of which
$1,700,000,000 shall be for unsubsidized guaranteed loans and
$200,000,000 shall be for subsidized guaranteed loans; Indian tribe land
acquisition loans as authorized by 25 U.S.C. 488, $1,000,000; for
emergency insured loans, $25,000,000 to meet the needs resulting from
natural disasters; for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $34,653,000; and for credit sales of
acquired property, $25,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $21,380,000 of which
$15,440,000 shall be for guaranteed loans; operating loans, $71,394,000
of which $19,890,000 shall be for unsubsidized guaranteed loans and
$19,280,000 shall be for subsidized guaranteed loans; Indian tribe land
acquisition loans as authorized by 25 U.S.C. 488, $132,000; for
emergency insured loans, $6,008,000 to meet the needs resulting from
natural disasters; for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $250,000; and for credit sales of acquired
property, $3,255,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $219,861,000 of which $209,861,000
shall be transferred to and merged with the ``Farm Service Agency,
Salaries and Expenses'' account.
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). In addition, notwithstanding the provisions of section
516(a)(1)(B) of the Federal Crop Insurance Act (7 U.S.C. 1516(a)(1)(B)),
for discretionary expenses,
[[Page 111 STAT. 2091]]
$188,571,000 for the payment of administrative and operating expenses of
approved insurance providers.
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 Government 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 1998, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed (estimated to be $783,507,000 in the President's
fiscal year 1998 Budget Request (H. Doc. 105-3)), but not to exceed
$783,507,000, pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 1998, 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 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: Provided,
That expenses shall be for operations and maintenance costs only and
that other hazardous waste management costs shall be paid for by the
USDA Hazardous Waste Management appropriation in this Act.
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.
[[Page 111 STAT. 2092]]
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; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$633,231,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,835,000 is for snow survey and water forecasting
and not less than $8,825,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations hereunder 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 improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a: Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
no part of this appropriation may be expended for soil and water
conservation operations under the Act of April 27, 1935 (16 U.S.C. 590a-
f) in demonstration projects: Provided further, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) and not to
exceed $25,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That qualified local engineers may be temporarily
employed at per diem rates to perform the technical planning work of the
Service (16 U.S.C. 590e-2): Provided further, That the Secretary is
authorized to transfer ownership of land, buildings and related
improvements of the plant materials facilities located at Bow,
Washington, to the Skagit Conservation District.
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), $11,190,000: 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.
[[Page 111 STAT. 2093]]
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,
1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-
f), and in accordance with the provisions of laws relating to the
activities of the Department, $101,036,000, 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, 16 U.S.C. 1006a)): Provided, That not to exceed
$50,000,000 of this appropriation shall be available for technical
assistance: Provided further, That this appropriation shall be available
for employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $200,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That not
to exceed $1,000,000 of this appropriation is available to carry out the
purposes of the Endangered Species Act of 1973 (Public Law 93-205),
including cooperative efforts as contemplated by that Act to relocate
endangered or threatened species to other suitable habitats as may be
necessary to expedite project construction.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607), the Act of April 27, 1935
(16 U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), $34,377,000, to remain available until expended (7 U.S.C.
2209b): Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 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 in 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.
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.
[[Page 111 STAT. 2094]]
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $588,000.
rural community advancement program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, except for sections
381E-H, 381N, and 381O of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009f), $652,197,000, to remain available until expended,
of which $27,062,000 shall be for rural community programs described in
section 381E(d)(1) of the Consolidated Farm and Rural Development Act;
of which $577,242,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act; and of which $47,893,000
shall be for the rural business and cooperative development programs
described in section 381E(d)(3) of such Act: Provided, That section
381E(d)(3)(B) of such Act <<NOTE: 7 USC 2009d.>> is amended by
inserting after the phrase ``business and industry'', the words ``direct
and'': 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 programs, not to exceed $20,000,000
shall be for water and waste disposal systems to benefit the Colonias
along the United States/Mexico border, including grants pursuant to
section 306C of such Act; not to exceed $15,000,000 shall be for water
and waste disposal systems for rural and native villages in Alaska
pursuant to section 306D of such Act; not to exceed $15,000,000 shall be
for technical assistance grants for rural waste systems pursuant to
section 306(a)(14) of such Act; and not to exceed $5,200,000 shall be
for contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water systems:
Provided further, That of the total amounts appropriated, not to exceed
$20,048,000 shall be available through June 30, 1998, for empowerment
zones and enterprise communities, as authorized by Public Law 103-66, of
which $1,200,000 shall be for rural community programs described in
section 381E(d)(1) of such Act; of which $18,700,000 shall be for the
rural utilities programs described in section 381E(d)(2) of such Act; of
which $148,000 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
for prior years for the ``Rural Water and Waste Disposal Grants'',
``Rural Water and Waste Disposal Loans Program Account'', ``Emergency
Community Water Assistance Grants'', ``Solid
[[Page 111 STAT. 2095]]
Waste Management Grants'', the community facility grant program in the
``Rural Housing Assistance Program Account'', ``Community Facility Loans
Program Account'', ``Rural Business Enterprise Grants'', ``Rural
Business and Industry Loans Program Account'', and ``Local Technical
Assistance and Planning Grants'' 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:
$4,000,000,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $3,000,000,000 shall be for unsubsidized guaranteed
loans; $30,000,000 for section 504
housing repair loans; $19,700,000 for section 538 guaranteed
multi-family housing loans; $15,000,000 for section 514 farm labor
housing; $128,640,000 for section 515 rental housing; $600,000 for
section 524 site loans; $25,000,000 for credit sales of acquired
property; and $587,000 for section 523 self-help housing land
development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $135,000,000, of which
$6,900,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $10,300,000; section 538 multi-family housing
guaranteed loans, $1,200,000; section 514 farm labor housing,
$7,388,000; section 515 rental housing, $68,745,000; credit sales of
acquired property, $3,492,000; and section 523 self-help housing land
development loans, $17,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $354,785,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service--Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $541,397,000; and in
addition such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount not more than $5,900,000 shall be
available for debt forgiveness or payments for eligible households as
authorized 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 purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided further,
That agreements entered into or renewed during fiscal year 1998 shall be
funded for a five-year period, although the
[[Page 111 STAT. 2096]]
life of any such agreement may be extended to fully utilize amounts
obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain available
until expended (7 U.S.C. 2209b).
rural community fire protection grants
For grants pursuant to section 7 of the Cooperative Forestry
Assistance Act of 1978 (Public Law 95-313), $2,000,000 to fund up to 50
percent of the cost of organizing, training, and equipping rural
volunteer fire departments.
rural housing assistance grants
(including transfers of funds)
For grants and contracts for housing for domestic farm labor, very
low-income housing repair, supervisory and technical assistance,
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, 1490c, 1490e, and 1490m, $45,720,000, to remain available
until expended: Provided, That any obligated and unobligated balances
available from prior years in ``Rural Housing for Domestic Farm Labor'',
``Supervisory and Technical Assistance Grants'', ``Very Low-Income
Housing Repair Grants'', ``Compensation for Construction Defects'', and
``Rural Housing Preservation Grants'' shall be transferred to and merged
with this account: Provided further, That of the total amount
appropriated, $1,200,000 shall be for empowerment zones and enterprise
communities, as authorized by Public Law 103-66: Provided further, That
if such funds are not obligated for empowerment zones and enterprise
communities by June 30, 1998, they shall remain available for other
authorized purposes under this head.
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, $58,804,000: 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
$520,000 may be used for employment under 5 U.S.C. 3109.
Rural Business-Cooperative Service
rural development loan fund program account
(including transfers of funds)
For the cost of direct loans, $16,888,000, 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
[[Page 111 STAT. 2097]]
1974: Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans of
$35,000,000: Provided further, That through June 30, 1998, of the total
amount appropriated, $3,345,000 shall be available for the cost of
direct loans for empowerment zones and enterprise communities, as
authorized by title XIII of the Omnibus Budget Reconciliation Act of
1993, to subsidize gross obligations for the principal amount of direct
loans, $7,246,000.
In addition, for administrative expenses to carry out the direct
loan programs, $3,482,000 shall be transferred to and merged with the
appropriation for ``Rural Business-Cooperative Service--Salaries and
Expenses''.
rural economic development loans program account
(including transfers 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,
$25,000,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$5,978,000.
Of the funds derived from interest on the cushion of credit payments
in fiscal year 1998, as authorized by section 313 of the Rural
Electrification Act of 1936, $5,978,000 shall not be obligated and
$5,978,000 are rescinded.
alternative agricultural research and commercialization revolving fund
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901-5908),
$7,000,000 are appropriated to the Alternative Agricultural Research and
Commercialization Corporation Revolving Fund.
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), $3,000,000, of which up to $1,300,000 may be available for
cooperative agreements for the appropriate technology transfer for rural
areas program.
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 cooperatives, including economic research
findings, as authorized by the Agricultural Marketing Act of 1946; for
activities with institutions concerning the development and operation of
agricultural cooperatives; and for cooperative agreements; $25,680,000:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944
[[Page 111 STAT. 2098]]
(7 U.S.C. 2225), and not to exceed $260,000 may be used for employment
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, $125,000,000; 5 percent rural
telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $500,000,000; and loans made pursuant to section 306 of that Act,
rural electric, $300,000,000 and rural telecommunications, $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, $12,265,000; cost
of municipal rate loans, $21,100,000; cost of money rural
telecommunications loans, $60,000; cost of loans guaranteed pursuant to
section 306, $2,760,000: Provided, That notwithstanding 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, $29,982,000, 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 corporation
in accord with law, and to make such contracts and commitments 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 for the current fiscal year. During fiscal year
1998 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),
$3,710,000.
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 medical link program
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $12,530,000, to remain available until
[[Page 111 STAT. 2099]]
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, $33,000,000: 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 employment 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 Consumer Service,
$554,000.
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;
$7,767,816,000, to remain available through September 30, 1999, of which
$2,616,425,000 is hereby appropriated and $5,151,391,000 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 none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $4,124,000 shall be available for
independent verification of school food service claims.
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), $3,924,000,000, to remain available through
September 30, 1999: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That up to $12,000,000 may be used to carry out the farmers'
market nutrition program from any funds not needed to maintain current
caseload levels: Provided further, That notwithstanding sections 17(g),
(h), and (i) of such Act, the Secretary shall adjust fiscal year 1998
State allocations to reflect food funds available to the State from
fiscal year 1997 under
sections 17(i)(3)(A)(ii) and 17(i)(3)(D): Provided further, That the
[[Page 111 STAT. 2100]]
Secretary shall allocate funds recovered from fiscal year 1997 first to
States to maintain stability funding levels, as defined by regulations
promulgated under section 17(g), and then to give first priority for the
allocation of any remaining funds to States whose funding is less than
their fair share of funds, as defined by regulations promulgated under
section 17(g): 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 section 17 of the Child
Nutrition Act of 1966: Provided further, That State agencies required to
procure infant formula using a competitive bidding system may use funds
appropriated by this Act to purchase infant formula under a cost
containment contract entered into after September 30, 1996, only if the
contract was awarded to the bidder offering the lowest net price, as
defined by section 17(b)(20) of the Child Nutrition Act of 1966, unless
the State agency demonstrates to the satisfaction of the Secretary that
the weighted average retail price for different brands of infant formula
in the State does not vary by more than five percent.
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $25,140,479,000, 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 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 none of the funds made available under this
heading shall be used for studies and evaluations.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) and for administrative
expenses pursuant to section 204 of the Emergency Food Assistance Act of
1983, $141,000,000, to remain available through September 30, 1999:
Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program.
food donations programs for selected groups
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c note), and section
311 of the Older Americans Act of 1965 (42 U.S.C. 3030a), $141,165,000,
to remain available through September 30, 1999.
[[Page 111 STAT. 2101]]
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $107,619,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance in the prevention, identification, and prosecution of fraud
and other violations of law: 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
$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), $135,561,000, of which $3,231,000 may be transferred from the
Export Loan Program account in this Act, and $1,035,000 may be
transferred from the Public Law 480 program account in this Act:
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. 1736) and the foreign assistance programs of the
International Development Cooperation Administration (22 U.S.C. 2392).
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
public law 480 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, 1701-1715, 1721-1726, 1727-1727f, and 1731-1736g),
as follows: (1) $226,900,000 for Public Law 480 title I credit,
including Food for Progress programs; (2) $17,608,000 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; (3) $837,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title II of said Act; and (4) $30,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title III of said Act: Provided, That not to exceed 15 percent of the
funds made
[[Page 111 STAT. 2102]]
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 modifying credit
agreements under said Act, $176,596,000.
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 utilized,
$1,850,000.
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 not to exceed $3,231,000 may
be transferred to and merged with the appropriation for the salaries and
expenses of the Foreign Agricultural Service, and of which not to exceed
$589,000 may be transferred to and merged with the appropriation for the
salaries and expenses of the Farm Service Agency.
export credit
The Commodity Credit Corporation shall make available not less than
$5,500,000,000 in credit guarantees under its export credit guarantee
program extended to finance the export sales of United States
agricultural commodities and the products thereof, as authorized by
section 202(a) and (b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641).
emerging markets export credit
The Commodity Credit Corporation shall make available not less than
$200,000,000 in credit guarantees under its export guarantee program for
credit expended to finance the export sales of United States
agricultural commodities and the products thereof to emerging markets,
as authorized by section 1542 of Public Law 101-624 (7 U.S.C. 5622
note).
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 rental
[[Page 111 STAT. 2103]]
of special purpose space in the District of Columbia or elsewhere; and
for miscellaneous 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; $948,705,000, of
which not to exceed $91,204,000 in fees pursuant to section 736 of the
Federal Food, Drug, and Cosmetic Act may be credited to this
appropriation and remain available until expended: Provided, That fees
derived from applications received during fiscal year 1998 shall be
subject to the fiscal year 1998 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.
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available until
expended.
In addition, fees pursuant to section 801 of the Federal Food, Drug,
and Cosmetic Act may be credited to this account, to remain available
until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $21,350,000, to
remain available until expended (7 U.S.C. 2209b).
rental payments (fda)
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313 for programs and activities of the Food and Drug Administration
which are included in this Act, $46,294,000: Provided, That in the event
the Food and Drug Administration should require modification of space
needs, a share of the salaries and expenses appropriation may be
transferred to this appropriation, or a share of this appropriation may
be transferred to the salaries and expenses appropriation, but such
transfers shall not exceed 5 percent of the funds made available for
rental payments (FDA) to or from this account.
DEPARTMENT OF THE TREASURY
Financial Management Service
payments to the farm credit system financial assistance corporation
For necessary payments to the Farm Credit System Financial
Assistance Corporation by the Secretary of the Treasury, as authorized
by section 6.28(c) of the Farm Credit Act of 1971, for reimbursement of
interest expenses incurred by the Financial Assistance Corporation on
obligations issued through 1994, as authorized, $7,728,000.
[[Page 111 STAT. 2104]]
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), 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; $58,101,000, including not
to exceed $1,000 for official reception and representation expenses:
Provided, That the
Commission is authorized to charge reasonable fees to attendees of
Commission sponsored educational events and symposia to cover the
Commission's costs of providing those events and symposia, and
notwithstanding 31 U.S.C. 3302, said fees shall be credited to this
account, to be available without further appropriation.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $34,423,000 (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: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1998 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 394
passenger motor vehicles, of which 391 shall be for replacement only,
and for the hire of such vehicles.
Sec. 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 <<NOTE: 7 USC 1623a.>> less than $1,500,000 of the
appropriations of the Department of Agriculture in this Act for research
and service work authorized by the Acts of August 14, 1946, and July 28,
1954 (7 U.S.C. 427, 1621-1629), and by chapter 63 of title 31, United
States Code, shall be available for contracting in accordance with said
Acts and chapter.
Sec. 704. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National Finance Center operations shall not exceed $2,000,000:
Provided, That no funds in this Act appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
Sec. 705. New <<NOTE: 7 USC 2209b.>> obligational authority
provided for the following appropriation items in this Act shall remain
available until expended (7 U.S.C. 2209b): Animal and Plant Health
Inspection Service, the contingency fund to meet emergency conditions,
fruit fly program, and integrated systems acquisition project; Farm
Service Agency, salaries and expenses funds made available to county
[[Page 111 STAT. 2105]]
committees; and Foreign Agricultural Service, middle-income country
training program.
New obligational authority for the boll weevil program; up to 10
percent of the screwworm program of the Animal and Plant Health
Inspection Service; Food Safety and Inspection Service, field automation
and information management project; funds appropriated for rental
payments; funds for the Native American Institutions Endowment Fund in
the Cooperative State Research, Education, and Extension Service; and
funds for the competitive research grants (7 U.S.C. 450i(b)), shall
remain available until expended.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the 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 institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. Notwithstanding <<NOTE: 7 USC 612c note.>> any other
provision of this Act, commodities acquired by the Department in
connection with Commodity Credit Corporation and section 32 price
support operations may be used, as authorized by law (15 U.S.C. 714c and
7 U.S.C. 612c), to provide commodities to individuals in cases of
hardship as determined by the Secretary of Agriculture.
Sec. 710. None of the funds in this Act shall be available to
reimburse the General Services Administration for payment of space
rental and related costs in excess of the amounts specified in this Act;
nor shall this or any other provision of law require a reduction in the
level of rental space or services below that of fiscal year 1997 or
prohibit an expansion of rental space or services with the use of funds
otherwise appropriated in this Act. Further, no agency of the Department
of Agriculture, from funds otherwise available, shall reimburse the
General Services Administration for payment of space rental and related
costs provided to such agency at a percentage rate which is greater than
is available in the case of funds appropriated in this Act.
Sec. 711. None of the funds in this Act shall be 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. 712. With the exception of grants awarded under the Small
Business Innovation Development Act of 1982, Public Law 97-219 (15
U.S.C. 638), none of the funds in this Act shall be available to pay
indirect costs on research grants awarded competitively by the
Cooperative State Research, Education, and Extension
[[Page 111 STAT. 2106]]
Service that exceed 14 percent of total Federal funds provided under
each award.
Sec. 713. Notwithstanding any other provisions of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 714. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 1998
shall remain available until expended to cover obligations made in
fiscal year 1998 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; and
the rural economic development loans program account.
Sec. 715. Such sums as may be necessary for fiscal year 1998 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 716. Hereafter: (a) Compliance <<NOTE: 7 USC 2208 note.>> With
Buy American Act.--None of the funds made available in this Act may be
expended by an entity unless the entity agrees that in expending the
funds the entity will comply with sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the ``Buy American
Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and
products.--In the case of any equipment or product that may be
authorized to be purchased with financial assistance provided
using funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment
and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of
the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 717. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service
and the Animal and Plant Health Inspection Service may use cooperative
agreements to reflect a relationship between the Agricultural Marketing
Service or the Animal and Plant Health Inspection Service and a State or
Cooperator to carry out agricultural marketing programs or to carry out
programs to protect the Nation's animal and plant resources.
Sec. 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
[[Page 111 STAT. 2107]]
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. None of the funds made available in this Act may be used
to provide assistance to, or to pay the salaries of personnel who carry
out a market promotion/market access program pursuant to section 203 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5623) that provides
assistance to the United States Mink Export Development Council or any
mink industry trade association.
Sec. 720. Of the funds made available by this Act, not more than
$1,000,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 721. 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 export enhancement program if the aggregate amount of
funds and/or commodities under such program exceeds $150,000,000.
Sec. 722. None of the funds appropriated in this Act may be used to
carry out the provisions of section 918 of Public Law 104-127, the
Federal Agriculture Improvement and Reform Act.
Sec. 723. 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. 724. 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. 725. None of the funds appropriated or otherwise made available
in this Act may be expended or obligated to fund the activities of the
Western Director and Special Assistant to the Secretary within the
Office of the Secretary of Agriculture or any similar position.
Sec. 726. 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.
Sec. 727. (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 1998, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the
[[Page 111 STAT. 2108]]
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 activities; or (6)
contracts out or privatizes any functions or activities presently
performed by Federal employees; unless the Appropriations Committees of
both Houses of Congress are notified fifteen 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 1998, 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, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
Sec. 728. Section 3(c) of the Federal Noxious Weed Act of 1974 (7
U.S.C. 2802(c)) is amended by inserting before the period at the end the
following: ``, and includes kudzu (Pueraria lobata Dc)''.
Sec. 729. Notwithstanding <<NOTE: South Carolina. Loans. Grants.>>
section 520 of the Housing Act of 1949, (42 U.S.C. 1490) the Martin
Luther King area of Pawley's Island, South Carolina, located in
Georgetown County, shall be eligible for loans and grants under section
504 of the Housing Act of 1949.
Sec. 730. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate the Food
and Drug Administration Division of Drug Analysis in St. Louis,
Missouri.
Sec. 731. Effective <<NOTE: Effective date.>> on October 1, 1998,
section 136(a) of the Agricultural Market Transition Act (7 U.S.C.
7236(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``Subject to paragraph (4), during''
and inserting ``During''; and
(B) in subparagraph (B), by striking ``130'' and
inserting ``134'';
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
Sec. 732. Study of Northeast Interstate Dairy Compact. (a)
Definitions.--In this section:
(1) Child, senior, and low-income nutrition programs.--The
term ``child, senior, and low-income nutrition programs''
includes--
(A) the food stamp program established under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
(B) the school lunch program established under the
National School Lunch Act (42 U.S.C. 1751 et seq.);
[[Page 111 STAT. 2109]]
(C) the summer food service program for children
established under section 13 of that Act (42 U.S.C.
1761);
(D) the child and adult care food program
established under section 17 of that Act (42 U.S.C.
1766);
(E) the special milk program established under
section 3 of the Child Nutrition Act of 1966 (42 U.S.C.
1772);
(F) the school breakfast program established under
section 4 of that Act (42 U.S.C. 1773);
(G) the special supplemental nutrition program for
women, infants, and children authorized under section 17
of that Act (42 U.S.C. 1786); and
(H) the nutrition programs and projects carried out
under part C of title III of the Older Americans Act of
1965 (42 U.S.C. 3030e et seq.).
(2) Compact.--The term ``Compact'' means the Northeast
Interstate Dairy Compact.
(3) Northeast interstate dairy compact.--The term
``Northeast Interstate Dairy Compact'' means the Northeast
Interstate Dairy Compact referred to in section 147 of the
Agricultural Market Transition Act (7 U.S.C. 7256).
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(b) Evaluation.--Not later than December 31, 1997, the Director
shall conduct, complete, and transmit to Congress a comprehensive
economic evaluation of the direct and indirect effects of the Northeast
Interstate Dairy Compact and other factors which affect the price of
fluid milk.
(c) Components.--In conducting the evaluation, the Director shall
consider, among other factors, the effects of implementation of the
rules and regulations of the Northeast Interstate Dairy Compact
Commission, such as rules and regulations relating to over-order Class I
pricing and pooling provisions. This evaluation shall consider such
effects prior to implementation of the Compact and that would have
occurred in the absence of the implementation of the Compact. The
evaluation shall include an analysis of the impacts on--
(1) child, senior, and low-income nutrition programs
including impacts on schools and institutions participating in
the programs, on program recipients, and other factors;
(2) the wholesale and retail cost of fluid milk;
(3) the level of milk production, the number of cows, the
number of dairy farms, and milk utilization in the Compact
region, including--
(A) changes in the level of milk production, the
number of cows, and the number of dairy farms in the
Compact region relative to trends in the level of milk
production and trends in the number of cows and dairy
farms prior to implementation of the Compact;
(B) changes in the disposition of bulk and packaged
milk for Class I, II, or III use produced in the Compact
region to areas outside the region relative to the milk
disposition to areas outside the region;
(C) changes in--
(i) the share of milk production for Class I
use of the total milk production in the Compact
region; and
[[Page 111 STAT. 2110]]
(ii) the share of milk production for Class II
and Class III use of the total milk production in
the Compact region;
(4) dairy farmers and dairy product manufacturers in States
and regions outside the Compact region with respect to the
impact of changes in milk production, and the impact of any
changes in disposition of milk originating in the Compact
region, on national milk supply levels and farm level milk
prices nationally; and
(5) the cost of carrying out the milk price support program
established under section 141 of the Agricultural Market
Transition Act (7 U.S.C. 7251).
(d) Additional States and Compacts.--The Director shall evaluate and
incorporate into the evaluation required under subsection (b) an
evaluation of the economic impact of adding additional States to the
Compact for the purpose of increasing prices paid to milk producers.
Sec. 733. From proceeds earned from the sale of grain in the
disaster reserve established in the Agricultural Act of 1970, the
Secretary may use up to an additional $2,000,000 to implement a
livestock indemnity program as established in Public Law 105-18.
Sec. 734. Planting of Wild Rice on Contract Acreage.--None of the
funds appropriated in this Act 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. 735. Rural Housing Programs. (a) Housing in Underserved Areas
Program.--The first sentence of section 509(f)(4)(A) of the Housing Act
of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended by striking ``fiscal year
1997'' and inserting ``fiscal year 1998''.
(b) Housing and Related Facilities for Elderly Persons and Families
and Other Low-Income Persons and Families.--
(1) Authority to make loans.--Section 515(b)(4) of the
Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by
striking ``September 30, 1997'' and inserting ``September 30,
1998''.
(2) Set-aside for nonprofit entities.--The first sentence of
section 515(w)(1) of the Housing Act of 1949 (42 U.S.C.
1485(w)(1)) is amended by striking ``fiscal year 1997'' and
inserting ``fiscal year 1998''.
(3) Loan term.--Section 515 of the Housing Act of 1949 (42
U.S.C. 1485) is amended--
(A) in subsection (a)(2), by striking ``up to
fifty'' and inserting ``up to 30''; and
(B) in subsection (b)--
(i) by striking paragraph (2) and inserting
the following:
``(2) such a loan may be made for a period of up to 30 years
from the making of the loan, but the Secretary may provide for
periodic payments based on an amortization schedule of 50 years
with a final payment of the balance due at the end of the term
of the loan;'';
(ii) in paragraph (5), by striking ``and'' at
the end;
[[Page 111 STAT. 2111]]
(iii) in paragraph (6), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(7) the Secretary may make a new loan to the current
borrower to finance the final payment of the original loan for
an additional period not to exceed twenty years, if--
``(A) the Secretary determines--
``(i) it is more cost-efficient and serves the
tenant base more effectively to maintain the
current property than to build a new property in
the same location; or
``(ii) the property has been maintained to
such an extent that it warrants retention in the
current portfolio because it can be expected to
continue providing decent, safe, and affordable
rental units for the balance of the loan; and
``(B) the Secretary determines--
``(i) current market studies show that a need
for low-income rural rental housing still exists
for that area; and
``(ii) any other criteria established by the
Secretary has been met.''.
(c) Loan Guarantees for Multifamily Rental Housing in Rural Areas.--
Section 538 of the Housing Act of 1949 (42 U.S.C. 1490p-2) is amended--
(1) in subsection (q), by striking paragraph (2) and
inserting the following:
``(2) Annual limitation on amount of loan guarantee.--In
each fiscal year, the Secretary may enter into commitments to
guarantee loans under this section only to the extent that the
costs of the guarantees entered into in such fiscal year do not
exceed such amount as may be provided in appropriation Acts for
such fiscal year.'';
(2) by striking subsection (t) and inserting the following:
``(t) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 1998 for costs (as such term is defined in
section 502 of the Congressional Budget Act of 1974) of loan guarantees
made under this section such sums as may be necessary for such fiscal
year.''; and
(3) in subsection (u), by striking ``1996'' and inserting
``1998''.
[[Page 111 STAT. 2112]]
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1998''.
Approved November 18, 1997.
LEGISLATIVE HISTORY--H.R. 2160 (S. 1033):
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HOUSE REPORTS: Nos. 105-178 (Comm. on Appropriations) and 105-252 (Comm.
of Conference).
SENATE REPORTS: No. 105-51 accompanying S. 1033 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 16, 17, 22, 24, considered and passed House.
Sept. 2, 3, considered and passed Senate, amended, in lieu
of S. 1033.
Oct. 6, House agreed to conference report.
Oct. 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Nov. 18, Presidential statement.
Nov. 20, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
Nov. 24, Cancellation of items pursuant to the Line Item
Veto Act.
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