[106th Congress Public Law 78]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ078.106]
[[Page 113 STAT. 1135]]
Public Law 106-78
106th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 2000, and for other purposes. <<NOTE: Oct. 22,
1999 - [H.R. 1906]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2000.>> That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30, 2000,
and for other 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, $15,436,000, of which, $12,600,000, to remain available until
expended, shall be available only for the development and implementation
of a common computing environment: Provided, That not to exceed $11,000
of this amount, along with any 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 the funds
made available for the development and implementation of a common
computing environment shall only be available upon approval of the
Committees on Appropriations and Agriculture of the House of
Representatives and the Senate of a plan for the development and
implementation of a common computing environment: Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to pay the salaries and expenses of personnel of the
Department of Agriculture to carry out section 793(c)(1)(C) of Public
Law 104-127: Provided further, That none of the funds made available by
this Act may be used to enforce section 793(d) of Public Law 104-127.
[[Page 113 STAT. 1136]]
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as authorized
by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $6,411,000.
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,718,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $6,583,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $10,000 is for employment under 5 U.S.C. 3109, $6,051,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109, $4,783,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this
Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act,
[[Page 113 STAT. 1137]]
and for the operation, maintenance, and repair of Agriculture buildings,
$140,364,000: Provided, That in the event an agency within the
Department should require modification of space needs, the Secretary of
Agriculture may transfer a share of that agency's appropriation made
available by this Act to this appropriation, or may transfer a share of
this appropriation to that agency's appropriation, but such transfers
shall not exceed 5 percent of the funds made available for space rental
and related costs to or from this account.
Hazardous Waste Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recovery Act,
42 U.S.C. 6961, $15,700,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Waste Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $34,738,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration and disaster management of the
Department, repairs and alterations, and other miscellaneous supplies
and expenses not otherwise provided for and necessary for the practical
and efficient work of the 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.
outreach for socially disadvantaged farmers
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,568,000: Provided, That no other
funds appropriated to the Department by this Act shall be available to
the Department for support of activities
[[Page 113 STAT. 1138]]
of congressional relations: Provided further, That not less than
$2,241,000 shall be transferred to agencies funded by this Act to
maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the 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, $65,128,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including not to exceed $50,000 for employment under 5 U.S.C.
3109; and including not to exceed $125,000 for certain confidential
operational expenses, including the payment of informants, to be
expended under the direction of the Inspector General pursuant to Public
Law 95-452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$29,194,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the 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 laws,
$65,419,000: Provided, That $1,000,000 shall be transferred to and
merged with the appropriation for ``Food and Nutrition Service, Food
Program Administration'' for studies and evaluations: Provided further,
That this appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225).
[[Page 113 STAT. 1139]]
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
marketing surveys, and the Census of Agriculture, as authorized by 7
U.S.C. 1621-1627, Public Law 105-113, and other laws, $99,405,000, of
which up to $16,490,000 shall be 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.
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, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $834,322,000: Provided, That appropriations hereunder shall
be available for 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 <<NOTE: 7 USC 2254.>> further, That appropriations hereunder
shall be available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That 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 10
buildings to be constructed or improved at a cost not to exceed $500,000
each, and the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of the
building or $250,000, whichever is greater: Provided further, That the
limitations on alterations contained in this Act shall not apply to
modernization or replacement of existing facilities at Beltsville,
Maryland: Provided <<NOTE: University of Maryland.>> further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center, including an easement to
the University of Maryland to construct the Transgenic Animal Facility
which upon completion shall be accepted by the Secretary as a gift:
Provided further, That the foregoing limitations shall not apply to
replacement of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by law.
[[Page 113 STAT. 1140]]
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
In fiscal year 2000, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $52,500,000, to
remain available until expended (7 U.S.C. 2209b): Provided, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of 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 $180,545,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry
research (16 U.S.C. 582a-a7); $30,676,000 for payments to the 1890 land-
grant colleges, including Tuskegee University (7 U.S.C. 3222), of which
$1,000,000 shall be made available to West Virginia State College in
Institute, West Virginia, which <<NOTE: 7 USC 3222 note.>> for fiscal
year 2000 and thereafter shall be designated as an eligible institution
under section 1445 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222); $63,238,000 for special
grants for agricultural research (7 U.S.C. 450i(c)); $13,721,000 for
special grants for agricultural research on improved pest control (7
U.S.C. 450i(c)); $119,300,000 for competitive research grants (7 U.S.C.
450i(b)); $5,109,000 for the support of animal health and disease
programs (7 U.S.C. 3195); $750,000 for supplemental and alternative
crops and products (7 U.S.C. 3319d); $650,000 for grants for research
pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C.
178) and section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C.
3318), to remain available until expended; $500,000 for the 1994
research program (7 U.S.C. 301 note); $3,000,000 for higher education
graduate fellowship grants (7 U.S.C. 3152(b)(6)), to remain available
until expended (7 U.S.C. 2209b); $4,350,000 for higher education
challenge grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,850,000 for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241); $500,000 for a secondary agriculture education program and 2-year
post-secondary education (7
[[Page 113 STAT. 1141]]
U.S.C. 3152(h)); $4,000,000 for aquaculture grants (7 U.S.C. 3322);
$8,000,000 for sustainable agriculture research and education (7 U.S.C.
5811); $9,200,000 for a program of capacity building grants (7 U.S.C.
3152(b)(4)) to colleges eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
University, to remain available until expended (7 U.S.C. 2209b);
$1,552,000 for payments to the 1994 Institutions pursuant to section
534(a)(1) of Public Law 103-382; and $14,825,000 for necessary expenses
of Research and Education Activities, of which not to exceed $100,000
shall be for employment under 5 U.S.C. 3109; in all, $485,698,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
native american institutions endowment fund
For establishment of a Native American institutions endowment fund,
as authorized by Public Law 103-382 (7 U.S.C. 301 note), $4,600,000.
extension activities
Payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For
payments for cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under section
208(c) of Public Law 93-471, for retirement and employees' compensation
costs for extension agents and for costs of penalty mail for cooperative
extension agents and State extension directors, $276,548,000; payments
for extension work at the 1994 Institutions under the Smith-Lever Act (7
U.S.C. 343(b)(3)), $3,060,000; 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, $4,000,000; payments to upgrade research,
extension, and teaching facilities at the 1890 land-grant colleges,
including Tuskegee University, as authorized by section 1447 of Public
Law 95-113 (7 U.S.C. 3222b), $12,000,000, to remain available until
expended; payments for the rural development centers under section 3(d)
of the Act, $908,000; payments for youth-at-risk programs under section
3(d) of the Act, $9,000,000; 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, $1,714,000;
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, $26,843,000, of which $1,000,000
shall be made available to West Virginia <<NOTE: 7 USC 3221
note.>> State College in Institute, West Virginia, which for fiscal year
2000 and thereafter shall be designated as an eligible institution under
section 1444 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3221); and
[[Page 113 STAT. 1142]]
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, $12,242,000; in all, $424,922,000: Provided, That funds
hereby appropriated pursuant to section 3(c) of the Act of June 26,
1953, and section 506 of the Act of June 23, 1972, shall not be paid to
any State, the District of Columbia, Puerto Rico, Guam, or the Virgin
Islands, Micronesia, Northern Marianas, and American Samoa prior to
availability of an equal sum from non-Federal sources for expenditure
during the current fiscal year.
integrated activities
For the integrated research, education, and extension competitive
grants programs, including necessary administrative expenses,
$39,541,000, as follows: payments for the water quality program,
$13,000,000; payments for the food safety program, $15,000,000; payments
for the national agriculture pesticide impact assessment program,
$4,541,000; payments for the Food Quality Protection Act risk mitigation
program for major food crop systems, $4,000,000; payments for the crops
affected by Food Quality Protection Act implementation, $1,000,000; and
payments for the methyl bromide transition program, $2,000,000, as
authorized under section 406 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service, the Agricultural Marketing Service, and the Grain
Inspection, Packers and Stockyards 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, $441,263,000, of which $4,105,000
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds to
the extent necessary to meet emergency 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
[[Page 113 STAT. 1143]]
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 <<NOTE: 21 USC
129.>> further, That, 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 may be
deemed necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in 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.
In fiscal year 2000, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
2000, $87,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $5,200,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for 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, $51,625,000, including funds for the wholesale market development
program for the design and
[[Page 113 STAT. 1144]]
development of wholesale and farmer market facilities for the major
metropolitan areas of the country: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,730,000 (from fees collected) shall be 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 expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $12,443,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing 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, $26,448,000: 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.
[[Page 113 STAT. 1145]]
limitation on inspection and weighing services expenses
Not to exceed $42,557,000 (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 out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, $649,411,000, of which no less than
$544,902,000 shall be available for Federal food inspection, and in
addition, $1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by section 1017
of Public Law 102-237: Provided, That this 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,
$794,839,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized
[[Page 113 STAT. 1146]]
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), $3,000,000.
dairy indemnity program
(including transfers of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and 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 radiation or fallout if such contamination is not due to the
fault of the farmer; or (2) residues of chemicals or toxic substances
not included under the first sentence of the Act of August 13, 1968 (7
U.S.C. 450j), if such chemicals or toxic substances were not used in a
manner contrary to applicable regulations or labeling instructions
provided at the time of use and the contamination is not due to the
fault of the farmer, $450,000, to remain available until expended (7
U.S.C. 2209b): Provided, That none of the funds contained in this Act
shall be used to make indemnity payments to any farmer whose milk was
removed from commercial markets as a result of the farmer's willful
failure to follow procedures 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, $559,422,000, of which $431,373,000 shall be for
guaranteed loans; operating loans, $2,397,842,000, of which
$1,697,842,000 shall be for unsubsidized guaranteed loans and
$200,000,000 shall be for subsidized guaranteed loans; Indian tribe land
acquisition loans as authorized by 25 U.S.C. 488, $1,028,000; for
emergency insured loans, $25,000,000 to meet the needs resulting from
natural disasters; and for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans,
[[Page 113 STAT. 1147]]
$7,243,000, of which $2,416,000, shall be for guaranteed loans;
operating loans, $70,860,000, of which $23,940,000 shall be for
unsubsidized guaranteed loans and $17,620,000 shall be for subsidized
guaranteed loans; Indian tribe land acquisition loans as authorized by
25 U.S.C. 488, $21,000; and for emergency insured loans, $3,882,000 to
meet the needs resulting from natural disasters.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $214,161,000, of which $209,861,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs with the prior
approval of the House and Senate Committees on Appropriations.
Risk Management Agency
For administrative and operating expenses, as authorized by the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933),
$64,000,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the 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 2000, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed, pursuant to section 2 of the Act of August 17,
1961 (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 2000, the Commodity Credit Corporation shall not
expend more than $5,000,000 for expenses to comply with the requirement
of section 107(g) of the Comprehensive 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
[[Page 113 STAT. 1148]]
for operations and maintenance costs only and that other hazardous waste
management costs shall be paid for by the USDA Hazardous Waste
Management appropriation in this Act.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $693,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f ), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; 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,
$661,243,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,990,000 is for snow survey and water forecasting
and not less than $9,125,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations 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
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).
[[Page 113 STAT. 1149]]
watershed surveys and planning
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1009), $10,368,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$110,000 shall be available for employment under 5 U.S.C. 3109.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005
and 1007-1009), the 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, $99,443,000, to remain available until
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act approved June
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to
exceed $47,000,000 of this appropriation shall be 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:
Provided further, That of the funds available for Emergency Watershed
Protection activities, $8,000,000 shall be available for Mississippi,
New Mexico, Ohio, and Wisconsin for financial and technical assistance
for pilot rehabilitation projects of small, upstream dams built under
the Watershed and Flood Prevention Act (16 U.S.C. 1001 et seq., section
13 of the Act of December 22, 1994; Public Law 78-534; 58 Stat. 905),
and the pilot watershed program authorized under the heading ``FLOOD
PREVENTION'' of the Department of Agriculture Appropriation Act, 1954
(Public Law 83-156; 67 Stat. 214).
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607), the Act of April 27, 1935
(16 U.S.C. 590a-f ), and the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), $35,265,000, to remain available until expended (7 U.S.C.
2209b): Provided, That this appropriation shall be available for
employment pursuant
[[Page 113 STAT. 1150]]
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $50,000 shall be available for
employment under 5 U.S.C. 3109.
forestry incentives program
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $588,000.
rural community advancement program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H, 381N, and 381O of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009f ), $718,837,000, to remain available
until expended, of which $23,150,000 shall be for rural community
programs described in section 381E(d)(1) of such Act; of which
$631,088,000 shall be for the rural utilities programs described in
section 381E(d)(2), 306C(a)(2), and 306D of such Act; and of which
$64,599,000 shall be for the rural business and cooperative development
programs described in section 381E(d)(3) of such Act: Provided, That of
the amount appropriated for rural community programs, $6,000,000 shall
be available for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and community
development organizations, and low-income rural communities to undertake
projects to improve housing, community facilities, community and
economic development projects in rural areas: Provided further, That
such funds shall be made available to qualified private and public
(including tribal) intermediary organizations proposing to carry out a
program of technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources in an amount not less than funds provided: Provided further,
That of the amount appropriated for the rural business and cooperative
development programs, not to exceed $500,000 shall be made available for
a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That of the amount appropriated for rural
utilities programs, not to exceed $20,000,000 shall be for water and
waste
[[Page 113 STAT. 1151]]
disposal systems to benefit the Colonias along the United States/Mexico
borders, including grants pursuant to section 306C of such Act; not to
exceed $12,000,000 shall be for water and waste disposal systems to
benefit Federally Recognized Native American Tribes, including grants
pursuant to section 306C of such Act: Provided further, That the
Federally Recognized Native American Tribe is not eligible for any other
rural utilities programs set aside under the Rural Community Advancement
Program; not to exceed $20,000,000 shall be for water and waste disposal
systems for rural and native villages in Alaska pursuant to section 306D
of such Act with up to one percent available to administer the program
and up to one percent available to improve interagency coordination; not
to exceed $16,215,000 shall be for technical assistance grants for rural
waste systems pursuant to section 306(a)(14) of such Act; and not to
exceed $7,300,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $45,245,000 shall be available
through June 30, 2000, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones; of which $34,704,000 shall be
for the rural utilities programs described in section 381E(d)(2) of such
Act; of which $8,435,000 shall be for the rural business and cooperative
development programs described in section 381E(d)(3) of such Act:
Provided further, That any obligated and unobligated balances available
from prior years for the ``Rural Utilities Assistance Program'' account
shall be transferred to and merged with this account.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$4,300,000,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $3,200,000,000 shall be for unsubsidized guaranteed
loans; $32,396,000 for section 504 housing repair loans; $100,000,000
for section 538 guaranteed multi-family housing loans; $25,001,000 for
section 514 farm labor housing; $114,321,000 for section 515 rental
housing; $5,152,000 for section 524 site loans; $7,503,000 for credit
sales of acquired property, of which up to $1,250,000 may be for multi-
family credit sales; and $5,000,000 for section 523 self-help housing
land 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, $113,350,000, of which
$19,520,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $9,900,000; section 538 multi-family housing
guaranteed loans, $480,000; section 514 farm labor housing, $11,308,000;
section 515 rental housing, $45,363,000; section 524 site loans, $4,000;
credit sales of acquired property, $874,000, of which up to $494,250 may
be for multi-family credit sales; and section 523 self-help housing
[[Page 113 STAT. 1152]]
land development loans, $281,000: Provided, That of the total amount
appropriated in this paragraph, $11,180,000 shall be available through
June 30, 2000, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $375,879,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service, Salaries and Expenses'': Provided, That of this amount the
Secretary of Agriculture may transfer up to $7,000,000 to the
appropriation for ``Outreach for Socially Disadvantaged Farmers''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $640,000,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount, not more than $5,900,000 shall be
available for debt forgiveness or 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, <<NOTE: Contracts.>> That agreements entered into or renewed
during fiscal year 2000 shall be funded for a 5-year period, although
the life of any such agreement may be extended to fully utilize amounts
obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $28,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be available through June 30, 2000, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
rural housing assistance grants
For grants and contracts for housing for domestic farm labor, very
low-income housing repair, supervisory and technical 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, 1490e, and 1490m, $45,000,000, to remain available until
expended: Provided, That of the total amount appropriated, $1,200,000
shall be available through June 30, 2000, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones.
[[Page 113 STAT. 1153]]
salaries and expenses
For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm and Rural
Development Act, title V of the Housing Act of 1949, and cooperative
agreements, $61,979,000: Provided, That this appropriation shall be
available for 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: Provided
further, That the Administrator may expend not more than $10,000 to
provide modest nonmonetary awards to non-USDA employees.
Rural Business-Cooperative Service
rural development loan fund program account
(including transfers of funds)
For the cost of direct loans, $16,615,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans of $38,256,000: Provided
further, That of the total amount appropriated, $3,216,000 shall be
available through June 30, 2000, for the cost of direct loans for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $3,337,000 shall be transferred to and merged with the
appropriation for ``Rural Business-Cooperative Service, Salaries and
Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$15,000,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,453,000.
Of the funds derived from interest on the cushion of credit payments
in fiscal year 2000, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,453,000 shall not be obligated and
$3,453,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $6,000,000, of which $1,500,000 shall be available for
cooperative agreements for the appropriate technology transfer for rural
areas program: Provided, That at least 25 percent
[[Page 113 STAT. 1154]]
of the total amount appropriated shall be made available to cooperatives
or associations of cooperatives that assist small, minority producers.
salaries and expenses
For necessary expenses of the Rural Business-Cooperative Service,
including administering the programs authorized by the Consolidated Farm
and Rural Development Act; section 1323 of the Food Security Act of
1985; the Cooperative Marketing Act of 1926; for activities relating to
the marketing aspects of 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, $24,612,000:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $260,000 may be used for
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, $121,500,000; 5 percent rural
telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $295,000,000; and loans made pursuant to section 306 of that Act,
rural electric, $1,700,000,000 and rural 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, $1,935,000; cost
of municipal rate loans, $10,827,000; cost of money rural
telecommunications loans, $2,370,000: 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, $31,046,000, which shall be
transferred to and merged with the appropriation for ``Rural Utilities
Service, Salaries and Expenses''.
rural telephone bank program account
(including transfers of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such 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. During fiscal
[[Page 113 STAT. 1155]]
year 2000 and within the resources and authority available, gross
obligations for the principal amount of direct loans shall be
$175,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$3,290,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,000,000, which shall be transferred to and merged with
the appropriation for ``Rural Utilities Service, Salaries and
Expenses''.
distance learning and telemedicine program
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $20,700,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas: Provided, That the costs of direct loans shall
be as defined in section 502 of the Congressional Budget Act of 1974.
salaries and expenses
For necessary expenses of the Rural Utilities Service, including
administering the programs authorized by the Rural Electrification Act
of 1936, and the Consolidated Farm and Rural Development Act, and for
cooperative agreements, $34,107,000: Provided, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $105,000 may be used for 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 Nutrition Service,
$554,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$9,554,028,000, to remain available through September 30, 2001, of which
$4,618,829,000 is hereby appropriated and $4,935,199,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That, except as specifically
provided under this heading, none of the funds made available under this
heading shall be
[[Page 113 STAT. 1156]]
used for studies and evaluations: Provided further, That of the funds
made available under this heading, up to $7,000,000 shall be for school
breakfast pilot projects, including the evaluation required under
section 18(e) of the National School Lunch Act: Provided further, That
up to $4,363,000 shall be available for independent verification of
school food service claims: Provided further, That none of the funds
under this heading shall be available unless the value of bonus
commodities provided under section 32 of the Act of August 24, 1935 (49
Stat. 774, chapter 641; 7 U.S.C. 612c), and section 416 of the
Agricultural Act of 1949 (7 U.S.C. 1431) is included in meeting the
minimum commodity assistance requirement of section 6(g) of the National
School Lunch Act (42 U.S.C. 1755(g)).
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $4,032,000,000, to remain available through
September 30, 2001: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That of the total amount available, the Secretary shall
obligate $10,000,000 for the farmers' market nutrition program within 45
days of the enactment of this Act, and an additional $5,000,000 for the
farmers' market nutrition program from any funds not needed to maintain
current caseload levels: Provided further, That none of the funds in
this Act shall be available to pay administrative expenses of WIC
clinics except those that have an announced policy of prohibiting
smoking within the space used to carry out the program: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of the Child Nutrition Act of 1966: Provided further, That
none of the funds provided shall be available for activities that are
not fully reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of the Child Nutrition Act of 1966.
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $21,071,751,000, of which $100,000,000 shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That none of the
funds made available under this heading shall be used for studies and
evaluations: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act.
[[Page 113 STAT. 1157]]
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); the Emergency Food
Assistance Act of 1983, $133,300,000, to remain available through
September 30, 2001: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program.
food donations programs
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973; special assistance for the nuclear
affected islands as authorized by section 103(h)(2) of the Compacts of
Free Association Act of 1985, as amended; and section 311 of the Older
Americans Act of 1965, $141,081,000, to remain available through
September 30, 2001.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $111,561,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assisting in the prevention, identification, and prosecution of fraud
and other violations of law and of which not less than $3,000,000 shall
be available to improve integrity in the Food Stamp and Child Nutrition
programs: Provided, That this 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), $109,203,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
[[Page 113 STAT. 1158]]
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, 1701-1704, 1721-1726a, 1727-1727e, 1731-1736g-3,
and 1737), as follows: (1) $155,000,000 for Public Law 480 title I
credit, including Food for Progress programs; (2) $21,000,000 is hereby
appropriated for ocean freight differential costs for the shipment of
agricultural commodities pursuant to title I of said Act and the Food
for Progress Act of 1985; and (3) $800,000,000 is hereby appropriated
for commodities supplied in connection with dispositions abroad pursuant
to title II of said Act: Provided, That not to exceed 15 percent of the
funds made available to carry out any title of said Act may be used to
carry out any other title of said Act: Provided further, That such sums
shall remain available until expended (7 U.S.C. 2209b).
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct credit agreements as authorized by the
Agricultural Trade Development and Assistance Act of 1954, and the Food
for Progress Act of 1985, including the cost of modifying credit
agreements under said Act, $127,813,000.
In addition, for administrative expenses to carry out the Public Law
480 title I credit program, and the Food for Progress Act of 1985, to
the extent funds appropriated for Public Law 480 are utilized,
$1,850,000, of which $1,035,000 may be transferred to and merged with
the appropriation for ``Foreign Agricultural Service and General Sales
Manager'' and $815,000 may be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $3,820,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $3,231,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service and General Sales Manager'' and $589,000 may be
transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
[[Page 113 STAT. 1159]]
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for 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; for rental 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; $1,186,072,000, of which not to exceed
$145,434,000 in prescription drug user fees authorized by 21 U.S.C.
379(h) may be credited to this appropriation and remain available until
expended: Provided, That fees derived from applications received during
fiscal year 2000 shall be subject to the fiscal year 2000 limitation:
Provided further, That none of these funds shall be used to develop,
establish, or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount appropriated: (1)
$269,245,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $309,026,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs, of which no less than $11,542,000 shall be available for grants
and contracts awarded under section 5 of the Orphan Drug Act (21 U.S.C.
360ee); (3) $132,092,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office
of Regulatory Affairs; (4) $48,821,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $154,271,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs, of which $1,000,000 shall be for premarket
review, enforcement and oversight activities related to users and
manufacturers of all reprocessed medical devices as authorized by the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.), and of
which no less than $55,500,000 and 522 full-time equivalent positions
shall be for premarket application review activities to meet statutory
review times; (6) $34,536,000 shall be for the National Center for
Toxicological Research; (7) $34,000,000 shall be for the Office of
Tobacco; (8) $25,855,000 shall be for Rent and Related activities, other
than the amounts paid to the General Services Administration; (9)
$100,180,000 shall be for payments to the General Services
Administration for rent and related costs; and (10) $78,046,000 shall be
for other activities, including the Office of the Commissioner; the
Office of Policy; the Office of the Senior Associate Commissioner; the
Office of International and Constituent Relations; the Office of Policy,
Legislation, and Planning; and central services for these offices:
Provided further, That funds may be transferred from one specified
activity
[[Page 113 STAT. 1160]]
to another with the prior approval of the Committee on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263(b)
may be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until expended.
buildings and 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, $11,350,000, to
remain available until expended (7 U.S.C. 2209b).
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the 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, $63,000,000, including not
to exceed $1,000 for official reception and representation expenses:
Provided, <<NOTE: 7 USC 4a note.>> That for fiscal year 2000 and
thereafter, the Commission is authorized to charge reasonable fees to
attendees of Commission sponsored educational events and symposia to
cover the Commission's costs of providing those events and symposia, and
notwithstanding 31 U.S.C. 3302, said fees shall be credited to this
account, to be available without further appropriation.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $35,800,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: 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 2000 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 365
passenger motor vehicles, of which 361 shall be for replacement only,
and for the hire of such vehicles.
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. <<NOTE: Contracts. 7 USC 1623a.>> Not less than $1,500,000
of the appropriations of the Department of Agriculture in this Act for
research and service
[[Page 113 STAT. 1161]]
work authorized by the Acts of August 14, 1946, and July 28, 1954 (7
U.S.C. 427 and 1621-1629), and by chapter 63 of title 31, United States
Code, shall be available for contracting in 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. <<NOTE: 7 USC 2209b.>> New obligational authority provided
for the following appropriation items in this Act shall remain available
until expended: Animal and Plant Health Inspection Service, the
contingency fund to meet emergency conditions, fruit fly program,
integrated systems acquisition project, boll weevil program, up to 10
percent of the screwworm program, and up to $2,000,000 for costs
associated with colocating regional offices; Food Safety and Inspection
Service, field automation and information management project; funds
appropriated for rental payments; Cooperative State Research, Education,
and Extension Service, funds for competitive research grants (7 U.S.C.
450i(b)) and funds for the Native American Institutions Endowment Fund;
Farm Service Agency, salaries and expenses funds made available to
county committees; and Foreign Agricultural Service, middle-income
country training program.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to Public Law 94-
449.
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. <<NOTE: 7 USC 612c note.>> Notwithstanding any other
provision of this Act, commodities acquired by the Department in
connection with the 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
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 711. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 19 percent of
total Federal funds provided under each award:
[[Page 113 STAT. 1162]]
Provided, That notwithstanding section 1462 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310),
funds provided by this Act for grants awarded competitively by the
Cooperative State Research, Education, and Extension Service shall be
available to pay full allowable indirect costs for each grant awarded
under the Small Business Innovation Development Act of 1982, Public Law
97-219 (15 U.S.C. 638).
Sec. 712. Notwithstanding any other provision of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 713. <<NOTE: Effective date.>> Notwithstanding any other
provision of law, effective on September 29, 1999, appropriations made
available to the Rural Housing Insurance Fund Program Account for the
costs of direct and guaranteed loans and to the Rural Housing Assistance
Grants Account in fiscal years 1994, 1995, 1996, 1997, 1998, and 1999
shall remain available until expended to cover obligations made in each
of those fiscal years respectively with regard to each account.
Sec. 714. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 2000
shall remain available until expended to cover obligations made in
fiscal year 2000 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; the
Rural Housing Insurance Fund Program Account; and the rural economic
development loans program account.
Sec. 715. Such sums as may be necessary for fiscal year 2000 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated by this Act.
Sec. 716. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service;
Grain Inspection, Packers and Stockyards Administration; the Animal and
Plant Health Inspection Service; and the food safety activities of the
Food Safety and Inspection Service may use cooperative agreements to
reflect a relationship between the Agricultural Marketing Service; the
Grain Inspection, Packers and Stockyards Administration; the Animal and
Plant Health Inspection Service; or the Food Safety and Inspection
Service and a State or Cooperator to carry out agricultural marketing
programs, to carry out programs to protect the Nation's animal and plant
resources, or to carry out educational programs or special studies to
improve the safety of the Nation's food supply.
Sec. 717. Notwithstanding any other provision of law (including
provisions of law requiring competition), the Secretary may enter into
cooperative agreements (which may provide for the acquisition of goods
or services, including personal services) with a State, political
subdivision, or agency thereof, a public or private agency,
organization, or any other person, if the Secretary determines that the
objectives of the agreement will: (1) serve a mutual interest of the
parties to the agreement in carrying out the Wetlands Reserve Program;
and (2) all parties will contribute resources to the accomplishment of
these objectives: Provided, That Commodity Credit Corporation funds
obligated for such purposes shall not exceed the level obligated by the
Commodity Credit Corporation for such purposes in fiscal year 1998.
Sec. 718. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone
[[Page 113 STAT. 1163]]
Bank or to maintain any account or subaccount within the accounting
records of the Rural Telephone Bank the creation of which has not
specifically been authorized by statute: Provided, That notwithstanding
any other provision of law, none of the funds appropriated or otherwise
made available in this Act may be used to transfer to the Treasury or to
the Federal Financing Bank any unobligated balance of the Rural
Telephone Bank telephone liquidating account which is in excess of
current requirements and such balance shall receive interest as set
forth for financial accounts in section 505(c) of the Federal Credit
Reform Act of 1990.
Sec. 719. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of 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: Provided, That interagency funding is authorized to
carry out the purposes of the National Drought Policy Commission.
Sec. 720. None of the funds appropriated by this Act may be used to
carry out the provisions of section 918 of Public Law 104-127, the
Federal Agriculture Improvement and Reform Act.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 722. None of the funds appropriated or otherwise made available
to the Department of Agriculture shall be used to transmit or otherwise
make available to any non-Department of Agriculture employee questions
or responses to questions that are a result of information requested for
the appropriations hearing process.
Sec. 723. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 724. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2000, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices, programs,
or activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal
employees; <<NOTE: Notification.>> unless the Committee
[[Page 113 STAT. 1164]]
on Appropriations of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2000, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in existing
programs, activities, or projects as approved by
Congress; <<NOTE: Notification.>> unless the Committee on Appropriations
of both Houses of Congress are notified 15 days in advance of such
reprogramming of funds.
Sec. 725. None of the funds appropriated or otherwise made available
by this Act or any other Act may be used to pay the salaries and
expenses of personnel to carry out the transfer or obligation of fiscal
year 2000 funds under the provisions of section 793 of Public Law 104-
127.
Sec. 726. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
who carry out an environmental quality incentives program authorized by
sections 334-341 of Public Law 104-127 in excess of $174,000,000.
Sec. 727. <<NOTE: 7 USC 7218 note.>> None of the funds appropriated
or otherwise available to the Department of Agriculture in fiscal year
2000 or thereafter may be used to administer the provision of contract
payments to a producer under the Agricultural Market Transition Act (7
U.S.C. 7201 et seq.) for contract acreage on which wild rice is planted
unless the contract payment is reduced by an acre for each contract acre
planted to wild rice.
Sec. 728. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to enroll in excess of 150,000 acres in the fiscal year 2000 wetlands
reserve program as authorized by 16 U.S.C. 3837.
Sec. 729. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out the transfer or obligation of fiscal year 2000
funds under the provisions of section 401 of Public Law 105-185, the
Initiative for Future Agriculture and Food Systems.
Sec. 730. <<NOTE: 7 USC 2009 note.>> Notwithstanding section 381A of
the Consolidated Farm and Rural Development Act (7 U.S.C. 2009), in
fiscal year 2000 and thereafter, the definitions of rural areas for
certain business programs administered by the Rural Business-Cooperative
Service and the community facilities programs administered by the Rural
Housing Service shall be those provided for in statute and regulations
prior to the enactment of Public Law 104-127.
Sec. 731. None of the funds appropriated or otherwise made available
by this Act shall be used to carry out any commodity purchase program
that would prohibit eligibility or participation by farmer-owned
cooperatives.
[[Page 113 STAT. 1165]]
Sec. 732. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out a conservation farm option program, as authorized by
section 335 of Public Law 104-127.
Sec. 733. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis in St. Louis, Missouri, or the Food and Drug
Administration Detroit, Michigan, District Office Laboratory; or to
reduce the Detroit, Michigan, Food and Drug Administration District
Office below the operating and full-time equivalent staffing level of
July 31, 1999; or to change the Detroit District Office to a station,
residence post or similarly modified office; or to reassign residence
posts assigned to the Detroit District Office.
Sec. 734. <<NOTE: 7 USC 1622 note.>> None of the funds made
available by this Act or any other Act for any fiscal year may be used
to carry out section 302(h) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(h)) unless the Secretary of Agriculture inspects and
certifies agricultural processing equipment, and imposes a fee for the
inspection and certification, in a manner that is similar to the
inspection and certification of agricultural products under that
section, as determined by the Secretary: Provided, That this provision
shall not affect the authority of the Secretary to carry out the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection
Act (21 U.S.C. 1031 et seq.).
Sec. 735. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to user fees
proposals that have not been enacted into law prior to the submission of
the Budget unless such Budget submission identifies which additional
spending reductions should occur in the event the users fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2001 appropriations Act.
Sec. 736. None of the funds appropriated or otherwise made available
by this Act shall be used to establish an Office of Community Food
Security or any similar office within the United States Department of
Agriculture without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 737. None of the funds appropriated or otherwise made available
by this or any other Act may be used to carry out provision of section
612 of Public Law 105-185.
Sec. 738. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out the emergency food assistance program authorized by section
27(a) of the Food Stamp Act (7 U.S.C. 2036(a)) if such program exceeds
$98,000,000.
Sec. 739. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan.
[[Page 113 STAT. 1166]]
Sec. 740. <<NOTE: 16 USC 590h note.>> Notwithstanding any other
provision of law, in fiscal year 2000 and thereafter, permanent
employees of county committees employed on or after October 1, 1998,
pursuant to 8(b) of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(b)) shall be considered as having Federal Civil Service
status only for the purpose of applying for United States Department of
Agriculture Civil Service vacancies.
Sec. 741. None of the funds appropriated or otherwise made available
by this Act may be used to declare excess or surplus all or part of the
lands and facilities owned by the Federal Government and administered by
the Secretary of Agriculture at Fort Reno, Oklahoma, or to transfer or
convey such lands or facilities, without the specific authorization of
Congress.
Sec. 742. Notwithstanding any other provision of law, the Chief of
the Natural Resources Conservation Service shall provide funds, within
discretionary amounts available, for the settlement of claims associated
with the Chuquatonchee Watershed Project in Mississippi to close out
this project.
Sec. 743. <<NOTE: Deadline. Contracts. Hawaii. Mail.>> (a) Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Agriculture shall offer to enter into an agreement with the Governor
of the State of Hawaii to conduct a pilot program to inspect mail
entering the State of Hawaii for any plant, plant product, plant pest,
or other organism that is subject to Federal quarantine laws.
(b) The agreement described in subsection (a) shall contain the same
terms and conditions as are contained in the memorandum of understanding
entered into between the Secretary and the State of California, dated
February 1, 1999, unless the Secretary and the Governor agree to
different terms or conditions.
(c) <<NOTE: Termination date.>> Unless the Secretary and the
Governor agree otherwise, the agreement described in subsection (b)
shall terminate on the later of--
(1) the date that is 1 year after the date the agreement
becomes effective; or
(2) the date that the February 1, 1999 memorandum of
understanding terminates.
Sec. 744. Notwithstanding any other provision of law, the Secretary
is authorized under section 306 of the Consolidated Farm and Rural
Development Act, as amended (7 U.S.C. 1926), to provide guaranteed lines
of credit, including working capital loans, for health care facilities,
to address Year 2000 computer conversion issues.
Sec. 745. <<NOTE: Deadline.>> After taking any action involving the
seizure, quarantine, treatment, destruction, or disposal of wheat
infested with karnal bunt, the Secretary of Agriculture shall compensate
the producers and handlers for economic losses incurred as the result of
the action not later than 45 days after receipt of a claim that includes
all appropriate paperwork.
Sec. 746. In addition to amounts otherwise appropriated or made
available by this Act, $2,000,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships through the
Congressional Hunger Center, which is an organization described in
subsection (c)(3) of section 501 of the Internal Revenue Code of 1986
and is exempt from taxation under subsection (a) of such section.
Sec. 747. Notwithstanding any other provision of law, there are
hereby appropriated $250,000 for the program authorized under
[[Page 113 STAT. 1167]]
section 388 of the Federal Agriculture Improvement and Reform Act of
1996, solely for use in the State of New Hampshire.
Sec. 748. The Immigration and Nationality Act (8 U.S.C. 1188 et
seq.) is amended--
(1) in section 218(c)(1) <<NOTE: 8 USC 1188.>> by striking
``60 days'' and inserting ``45 days''; and
(2) in section 218(c)(3)(A) by striking ``20 days'' and
inserting ``30 days''.
Sec. 749. Successorship Provisions Relating to Bargaining Units and
Exclusive Representatives. (a) Voluntary Agreement.--
(1) In general.--If the exercise of the Secretary of
Agriculture's authority under this section results in changes to
an existing bargaining unit that has been certified under
chapter 71 of title 5, United States Code, the affected parties
shall attempt to reach a voluntary agreement on a new bargaining
unit and an exclusive representative for such unit.
(2) Criteria.--In carrying out the requirements of this
subsection, the affected parties shall use criteria set forth
in--
(A) sections 7103(a)(4), 7111(e), 7111(f )(1), and
7120 of title 5, United States Code, relating to
determining an exclusive representative; and
(B) section 7112 of title 5, United States Code
(disregarding subsections (b)(5) and (d) thereof ),
relating to determining appropriate units.
(b) Effect of an Agreement.--
(1) In <<NOTE: Certification.>> general.--If the affected
parties reach agreement on the appropriate unit and the
exclusive representative for such unit under subsection (a), the
Federal Labor Relations Authority shall certify the terms of
such agreement, subject to paragraph (2)(A). Nothing in this
subsection shall be considered to require the holding of any
hearing or election as a condition for certification.
(2) Restrictions.--
(A) Conditions requiring noncertification.--The
Federal Labor Relations Authority may not certify the
terms of an agreement under paragraph (1) if--
(i) it determines that any of the criteria
referred to in subsection (a)(2) (disregarding
section 7112(a) of title 5, United States Code)
have not been met; or
(ii) after the Secretary's exercise of
authority and before certification under this
section, a valid election under section 7111(b) of
title 5, United States Code, is held covering any
employees who would be included in the unit
proposed for certification.
(B) Temporary waiver of provision that would bar an
election after a collective bargaining agreement is
reached.--Nothing in section 7111(f )(3) of title 5,
United States Code, shall prevent the holding of an
election under section 7111(b) of such title that covers
employees within a unit certified under paragraph (1),
or giving effect to the results of such an election
(including a decision not to be represented by any labor
organization), if the election is held before the end of
the 12-month period beginning on the date such unit is
so certified.
[[Page 113 STAT. 1168]]
(C) Clarification.--The certification of a unit
under paragraph (1) shall not, for purposes of the last
sentence of section 7111(b) of title 5, United States
Code, or section 7111(f )(4) of such title, be treated
as if it had occurred pursuant to an election.
(3) Delegation.--
(A) In general.--The Federal Labor Relations
Authority may delegate to any regional director (as
referred to in section 7105(e) of title 5, United States
Code) its authority under the preceding provisions of
this subsection.
(B) Review.--Any action taken by a regional director
under subparagraph (A) shall be subject to review under
the provisions of section 7105(f ) of title 5, United
States Code, in the same manner as if such action had
been taken under section 7105(e) of such title, except
that in the case of a decision not to certify, such
review shall be required if application therefore is
filed by an affected party within the time specified in
such provisions.
(c) Definition.--For purposes of this section, the term ``affected
party'' means--
(1) with respect to an exercise of authority by the
Secretary of Agriculture under this section, any labor
organization affected thereby; and
(2) the Department of Agriculture.
Sec. 750. None of the funds appropriated or otherwise made available
by this Act or any other Act shall be used for the implementation of a
Support Services Bureau or similar organization.
Sec. 751. Contracts for Procurement or Processing of Certain
Commodities. (a) Definitions.--In this section:
(1) HUBZone sole source contract.--The term ``HUBZone sole
source contract'' means a sole source contract authorized by
section 31 of the Small Business Act (15 U.S.C. 657a).
(2) HUBZone price evaluation preference.--The term ``HUBZone
price evaluation preference'' means a price evaluation
preference authorized by section 31 of the Small Business Act
(15 U.S.C. 657a).
(3) Qualified HUBZone small business concern.--The term
``qualified HUBZone small business concern'' has the meaning
given the term in section 3(p) of the Small Business Act (15
U.S.C. 632(p)).
(4) Covered procurement.--The term ``covered procurement''
means a contract for the procurement or processing of a
commodity furnished under title II or III of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et
seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Food for Progress Act of 1985 (7 U.S.C. 1736o), or
any other commodity procurement or acquisition by the Commodity
Credit Corporation under any other law.
(b) Prohibition of Use of Funds.--None of the funds made available
by this Act may be used:
(1) to award a HUBZone sole source contract or a contract
awarded through full and open competition in combination with a
HUBZone price evaluation preference to any qualified HUBZone
small business concern in any covered procurement if performance
of the contract by the business concern would
[[Page 113 STAT. 1169]]
exceed the production capacity of the business concern or would
require the business concern to subcontract to any other company
or enterprise for the purchase of the commodity being procured
through the covered procurement; and
(2) in any contract awarded through full and open
competition in any covered procurement--
(A) to fund a price evaluation preference greater
than 5 percent if the dollar value of the contract
awarded is not greater than 50 percent of the total
dollar value being procured in a single tender for a
commodity; or
(B) to fund any price evaluation preference at all
if the dollar value of the contract awarded is greater
than 50 percent of the total dollar value being procured
in a single tender for a commodity.
Sec. 752. Redesignation of National School Lunch Act as Richard B.
Russell National School Lunch Act. (a) In General.--The first section of
the National School Lunch Act (42 U.S.C. 1751 note) is amended by
striking ``National School Lunch Act'' and inserting ``Richard B.
Russell National School Lunch Act''.
(b) Conforming Amendments.--The following provisions of law are
amended by striking ``National School Lunch Act'' each place it appears
and inserting ``Richard B. Russell National School Lunch Act'':
(1) Sections 3 and 13(3)(A) of the Commodity Distribution
Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
Public Law 100-237).
(2) Section 404 of the Agricultural Act of 1949 (7 U.S.C.
1424).
(3) Section 201(a) of the Act entitled ``An Act to extend
the Agricultural Trade Development and Assistance Act of 1954,
and for other purposes'', approved September 21, 1959 (7 U.S.C.
1431c(a); 73 Stat. 610).
(4) Section 211(a) of the Agricultural Trade Suspension
Adjustment Act of 1980 (7 U.S.C. 4004(a)).
(5) Section 245A(h)(4)(A) of the Immigration and Nationality
Act (8 U.S.C. 1255a(h)(4)(A)).
(6) Sections 403(c)(2)(C), 422(b)(3), 423(d)(3), 741(a)(1),
and 742 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(C), 1632(b)(3),
1183a note, 42 U.S.C. 1751 note, 8 U.S.C. 1615; Public Law 104-
193).
(7) Section 2243(b) of title 10, United States Code.
(8) Sections 404B(g)(1)(A), 404D(c)(2), and 404F(a)(2) of
the Higher Education Act of 1965 (20 U.S.C. 1070a-22(g)(1)(A),
1070a-24(c)(2), 1070a-26(a)(2); Public Law 105-244).
(9) Section 231(d)(3)(A)(i) of the Carl D. Perkins
Vocational Education Act (20 U.S.C. 2341(d)(3)(A)(i)).
(10) Section 1113(a)(5) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6313(a)(5)).
(11) Section 1397E(d)(4)(A)(iv)(II) of the Internal Revenue
Code of <<NOTE: 26 USC 1397E.>> 1986.
(12) Sections 254(b)(2)(B) and 263(a)(2)(C) of the Job
Training Partnership Act (29 U.S.C. 1633(b)(2)(B),
1643(a)(2)(C)).
(13) Section 3803(c)(2)(C)(xiii) of title 31, United States
Code.
[[Page 113 STAT. 1170]]
(14) Section 602(d)(9)(A) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 474(d)(9)(A)).
(15) Sections 2(4), 3(1), and 301 of the Healthy Meals for
Healthy Americans Act of 1994 (42 U.S.C. 1751 note; Public Law
103-448).
(16) Sections 3, 4, 7, 10, 13, 16(b), 17, and 19(d) of the
Child Nutrition Act of 1966 (42 U.S.C. 1772, 1773, 1776, 1779,
1782, 1785(b), 1786, 1788(d)).
(17) Section 658O(b)(3) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m(b)(3)).
(18) Subsection (b) of the first section of Public Law 87-
688 (48 U.S.C. 1666(b)).
(19) Section 10405(a)(2)(H) of the Omnibus Budget
Reconciliation Act of 1989 (Public Law 101-239; 103 Stat. 2489).
Sec. 753. Public Law 105-199 (112 Stat. 641) is amended in section
3(b)(1)(G) by striking ``persons'' and inserting ``governors, who may be
represented on the Commission by their respective designees,''.
Sec. 754. Section 889 of the Federal Agriculture Improvement and
Reform Act of 1996 <<NOTE: 42 USC 5121 note.>> is amended--
(1) in the heading, by inserting ``HARRY K. DUPREE'' before
``STUTTGART'';
(2) in subsection (b)(1)--
(A) in the heading, by inserting ``HARRY K. DUPREE''
before ``STUTTGART''; and
(B) in subparagraphs (A) and (B), by inserting
``Harry K. Dupree'' before ``Stuttgart National
Aquaculture Research Center'' each place it appears.
Sec. 755. Tobacco Leasing and Information. (a) Cross-County
Leasing.--Section 319(l) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1314e(l)) is amended in the second sentence by inserting ``,
Ohio, Indiana, Kentucky,'' after ``Tennessee''.
(b) Tobacco Production and Marketing Information.--Part I of
subtitle B of title III of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1311 et seq.) is amended by adding at the end the following:
``SEC. 320D. <<NOTE: 7 USC 1314j.>> TOBACCO PRODUCTION AND MARKETING
INFORMATION.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may, subject to subsection (b), release marketing information
submitted by persons relating to the production and marketing of tobacco
to State trusts or similar organizations engaged in the distribution of
national trust funds to tobacco producers and other persons with
interests associated with the production of tobacco, as determined by
the Secretary.
``(b) Limitations.--
``(1) In general.--Information may be released under
subsection (a) only to the extent that--
``(A) the release is in the interest of tobacco
producers, as determined by the Secretary; and
``(B) the information is released to a State trust
or other organization that is created to, or charged
with, distributing funds to tobacco producers or other
parties with an interest in tobacco production or
tobacco farms under a national or State trust or
settlement.
``(2) Exemption from release.--The Secretary shall, to the
maximum extent practicable, in advance of making a
[[Page 113 STAT. 1171]]
release of information under subsection (a), allow, by
announcement, a period of at least 15 days for persons whose
consent would otherwise be required by law to effectuate the
release, to elect to be exempt from the release.
``(c) Assistance.--
``(1) In general.--In making a release under subsection (a),
the Secretary may provide such other assistance with respect to
information released under subsection (a) as will facilitate the
interest of producers in receiving the funds that are the
subject of a trust described in subsection (a).
``(2) Funds.--The Secretary shall use amounts made available
for salaries and expenses of the Department to carry out
paragraph (1).
``(d) Records.--
``(1) In general.--A person who obtains information
described in subsection (a) shall maintain records that are
consistent with the purposes of the release and shall not use
the records for any purpose not authorized under this section.
``(2) Penalty.--A person who knowingly violates this
subsection shall be fined not more than $10,000, imprisoned not
more than 1 year, or both.
``(e) Application.--This section shall not apply to--
``(1) records submitted by cigarette manufacturers with
respect to the production of cigarettes;
``(2) records that were submitted as expected purchase
intentions in connection with the establishment of national
tobacco quotas; or
``(3) records that aggregate the purchases of particular
buyers.''.
Sec. 756. <<NOTE: New Hampshire.>> Notwithstanding section 306(a)(7)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(7)), the City of Berlin, New Hampshire, shall be eligible during
fiscal year 2000 for a rural utilities grant or loan under the Rural
Community Advancement Program.
Sec. 757. Cranberry Marketing Orders. (a) Paid Advertising for
Cranberries and Cranberry Products.--Section 8c(6)(I) of the
Agricultural Adjustment Act (7 U.S.C. 608c(6)(I)), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937, is
amended in the first proviso--
(1) by striking ``or Florida grown strawberries'' and
inserting ``, Florida grown strawberries, or cranberries''; and
(2) by striking ``and Florida Indian River grapefruit'' and
inserting ``Florida Indian River grapefruit, and cranberries''.
(b) Collection of Cranberry Inventory Data.--Section 8d of the
Agricultural Adjustment Act (7 U.S.C. 608d), reenacted with amendments
by the Agricultural Marketing Agreement Act of 1937, is amended by
adding at the end the following:
``(3) Collection of cranberry inventory data.--
``(A) In general.--If an order is in effect with respect to
cranberries, the Secretary of Agriculture may require persons
engaged in the handling or importation of cranberries or
cranberry products (including producer-handlers, second
handlers, processors, brokers, and importers) to provide such
information as the Secretary considers necessary to effectuate
the declared policy of this title, including information on
acquisitions, inventories, and dispositions of cranberries and
cranberry products.
[[Page 113 STAT. 1172]]
``(B) Delegation to committee.--The Secretary may delegate
the authority to carry out subparagraph (A) to any committee
that is responsible for administering an order covering
cranberries.
``(C) Confidentiality.--
Paragraph <<NOTE: Applicability.>> (2) shall apply to
information provided under this paragraph.
``(D) Violations.--Any person who violates this paragraph
shall be subject to the penalties provided under section
8c(14).''.
Sec. 758. <<NOTE: Effective date.>> Beginning in fiscal year 2001
and thereafter, the Food Stamp Act (Public Law 95-113, section
16(a)) <<NOTE: 7 USC 2025.>> is amended by inserting after the phrase
``Indian reservation under section 11(d) of this Act'' the following new
phrase: ``or in a Native village within the State of Alaska identified
in section 11(b) of Public Law 92-203, as amended.''.
Sec. 759. Education <<NOTE: 7 USC 3242.>> Grants to Alaska Native
Serving Institutions and Native Hawaiian Serving Institutions. (a)
Education Grants Program for Alaska Native Serving Institutions.--
(1) Grant authority.--The Secretary of Agriculture may make
competitive grants (or grants without regard to any requirement
for competition) to Alaska Native serving institutions for the
purpose of promoting and strengthening the ability of Alaska
Native serving institutions to carry out education, applied
research, and related community development programs.
(2) Use of grant funds.--Grants made under this section
shall be used--
(A) to support the activities of consortia of Alaska
Native serving institutions to enhance educational
equity for under represented students;
(B) to strengthen institutional educational
capacities, including libraries, curriculum, faculty,
scientific instrumentation, instruction delivery
systems, and student recruitment and retention, in order
to respond to identified State, regional, national, or
international educational needs in the food and
agriculture sciences;
(C) to attract and support undergraduate and
graduate students from under represented groups in order
to prepare them for careers related to the food,
agricultural, and natural resource systems of the United
States, beginning with the mentoring of students at the
high school level including by village elders and
continuing with the provision of financial support for
students through their attainment of a doctoral degree;
and
(D) to facilitate cooperative initiatives between
two or more Alaska Native serving institutions, or
between Alaska Native serving institutions and units of
State government or the private sector, to maximize the
development and use of resources, such as faculty,
facilities, and equipment, to improve food and
agricultural sciences teaching programs.
(3) Authorization of appropriations.--There are authorized
to be appropriated to make grants under this subsection
$10,000,000 in fiscal years 2001 through 2006.
(b) Education Grants Program for Native Hawaiian Serving
Institutions.--
[[Page 113 STAT. 1173]]
(1) Grant authority.--The Secretary of Agriculture may make
competitive grants (or grants without regard to any requirement
for competition) to Native Hawaiian serving institutions for the
purpose of promoting and strengthening the ability of Native
Hawaiian serving institutions to carry out education, applied
research, and related community development programs.
(2) Use of grant funds.--Grants made under this section
shall be used--
(A) to support the activities of consortia of Native
Hawaiian serving institutions to enhance educational
equity for under represented students;
(B) to strengthen institutional educational
capacities, including libraries, curriculum, faculty,
scientific instrumentation, instruction delivery
systems, and student recruitment and retention, in order
to respond to identified State, regional, national, or
international educational needs in the food and
agriculture sciences;
(C) to attract and support undergraduate and
graduate students from under represented groups in order
to prepare them for careers related to the food,
agricultural, and natural resource systems of the United
States, beginning with the mentoring of students at the
high school level and continuing with the provision of
financial support for students through their attainment
of a doctoral degree; and
(D) to facilitate cooperative initiatives between
two or more Native Hawaiian serving institutions, or
between Native Hawaiian serving institutions and units
of State government or the private sector, to maximize
the development and use of resources, such as faculty,
facilities, and equipment, to improve food and
agricultural sciences teaching programs.
(3) Authorization of appropriations.--There are authorized
to be appropriated to make grants under this subsection
$10,000,000 for each of fiscal years 2001 through 2006.
Sec. 760. <<NOTE: Effective date.>> Effective October 1, 1999,
section 8c(11) of the Agricultural Adjustment Act (7 U.S.C. 608c(11)),
reenacted with amendments by the Agricultural Marketing Agreement Act of
1937, is amended by adding at the end the following: ``The price of milk
paid by a handler at a plant operating in Clark County, Nevada shall not
be subject to any order issued under this section.''.
Sec. 761. <<NOTE: New York.>> Notwithstanding any other provision of
law, the City of Olean, New York, shall be eligible for grants and loans
administered by the Rural Utilities Service.
Sec. 762. <<NOTE: Puerto Rico.>> Notwithstanding any other provision
of law, the Municipality of Carolina, Puerto Rico shall be eligible for
grants and loans administered by the Rural Utilities Service.
Sec. 763. Section 1232(a) of the Food Security Act of 1985 (16
U.S.C. 3832(a)) is amended--
(1) in paragraph (9), by adding ``and'' after the semicolon
at the end;
(2) in paragraph (10), by striking ``; and'' and
inserting a period; and
(3) by striking paragraph (11).
Sec. 764. None of the funds made available by this or any other Act
shall be used to implement Notice CRP-338, issued by the Farm Service
Agency on March 10, 1999, nor shall funds be
[[Page 113 STAT. 1174]]
used to implement any related administrative action including
implementation of such procedures published in Farm Service Agency
program manuals: Provided, That rental payments for any lands enrolled
in the Conservation Reserve Program under this section shall be reduced
by an amount equal to the Federal cost of any remaining value of a
federally cost-shared conservation practice as determined by the
Secretary.
Sec. 765. None of the funds made available by this or any other Act
shall be used to implement Notice CRP-327, issued by the Farm Service
Agency on October 26, 1998, nor shall funds be used to implement any
related administrative action including implementation of such
procedures published in Farm Service Agency program manuals: Provided,
That this section shall not apply to any lands for which there is not
full compliance with the conservation practices required under terms of
the CRP contract.
Sec. 766. <<NOTE: Federal buildings and facilities.>> The Federal
facility located in Riverside, California, and known as the ``U.S.
Salinity Laboratory'', shall be known and designated as the ``George E.
Brown, Jr., Salinity Laboratory'': Provided, That any reference in any
law, map, regulation, document, paper, or other record of the United
States to such Federal facility shall be deemed to be a reference to the
``George E. Brown, Jr., Salinity Laboratory''.
Sec. 767. Sections 657, 658, 1006, and 1014 of title 18, United
States Code, are amended by--
(1) inserting ``or successor agency'' after ``Farmers Home
Administration'' each place it appears; and
(2) inserting ``or successor agency'' after ``Rural
Development Administration'' each place it appears.
Sec. 768. <<NOTE: Alaska.>> Notwithstanding any other provision of
law, the maximum income limits established for single family housing for
families and individuals in the high cost areas of Alaska shall be 150
percent of the State metropolitan income level for Alaska.
Sec. 769. Section 1232(a)(7) of the Food Security <<NOTE: 16 USC
3832.>> Act of 1985 is amended--
(1) by striking ``except that the Secretary may permit
harvesting'' and inserting ``except that the Secretary--
``(A) may permit--
``(i) harvesting'';
(2) by striking ``emergency, and the Secretary may permit
limited'' and inserting ``emergency; and
``(ii) limited'';
(3) by inserting ``and'' after the semicolon at the end; and
(4) by adding at the end the following:
``(B) shall approve not more than six projects, no
more than one of which may be in any State, under which
land subject to the contract may be harvested for
recovery of biomass used in energy production if--
``(i) no acreage subject to the contract is
harvested more than once every other year;
``(ii) not more than 25 percent of the total
acreage enrolled in the program under this
subchapter in any crop reporting district (as
designated by the Secretary), is harvested in any
1 year;
``(iii) no portion of the crop is used for any
commercial purpose other than energy production
from biomass;
[[Page 113 STAT. 1175]]
``(iv) no wetland, or acreage of any type
enrolled in a partial field conservation practice
(including riparian forest buffers, filter strips,
and buffer strips), is harvested;
``(v) the owner or operator agrees to a
payment reduction under this section in an amount
determined by the Secretary.
``(C) the total acres for all of the projects shall
not exceed 250,000 acres.''.
TITLE VIII--EMERGENCY AND DISASTER ASSISTANCE FOR PRODUCERS
Subtitle A--Crop and Market Loss Assistance
SEC. 801. <<NOTE: 7 USC 1421 note.>> CROP LOSS ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to in this
title as the ``Secretary'') shall use $1,200,000,000 of funds of the
Commodity Credit Corporation to make emergency financial assistance
available to producers on a farm that have incurred losses in a 1999
crop due to a disaster, as determined by the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 1102 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public
Law 105-277), including using the same loss thresholds as were used in
administering that section.
(c) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are, as determined by the
Secretary--
(1) quantity losses;
(2) quality losses; or
(3) severe economic losses due to damaging weather or
related condition.
(d) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from which
a crop is harvested, livestock, and fisheries), as determined by the
Secretary, due to disasters.
(e) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that have
purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(f ) Rice Loan Deficiency Payments.--In the case of producers of the
1999 crop of rice that harvested such rice on or before August 4, 1999,
the Secretary may use funds made available under this section to--
(1) make loan deficiency payments to producers that
received, or that were eligible to receive, such payments under
section 135 of the Agricultural Market Transition Act (7 U.S.C.
7235) in a manner that results in the same total payment that
would have been made if the payment had been requested by the
producers on August 5, 1999; and
[[Page 113 STAT. 1176]]
(2) recalculate any repayment made for a marketing
assistance loan for the 1999 crop of rice on or before August 4,
1999, as if the repayment had been made on August 5, 1999.
(g) Honey Recourse Loans.--
(1) In general.--Notwithstanding any other provision of law,
in order to assist producers of honey to market their honey in
an orderly manner during a period of disastrously low prices,
the Secretary may use funds made available under this section to
make available recourse loans to producers of the 1999 crop of
honey on fair and reasonable terms and conditions, as determined
by the Secretary.
(2) Loan rate.--The loan rate of the loans shall be 85
percent of the average price of honey during the 5-crop year
period preceding the 1999 crop year, excluding the crop year in
which the average price of honey was the highest and the crop
year in which the average price of honey was the lowest in the
period.
(h) Recourse Loans for Mohair.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, during fiscal year
2000, the Secretary may use funds made available under this
section to make recourse loans available in accordance with
section 137(c) of the Agricultural Market Transition Act (7
U.S.C. 7237(c)) to producers of mohair produced during or before
that fiscal year.
(2) Interest.--Section 137(c)(4) of that Act shall not apply
to a loan made under paragraph (1).
SEC. 802. <<NOTE: 7 USC 1421 note.>> MARKET LOSS ASSISTANCE.
(a) Assistance Authorized.--The Secretary shall use not more than
$5,544,453,000 of funds of the Commodity Credit Corporation to provide
assistance to owners and producers on a farm that are eligible for final
payments for fiscal year 1999 under a production flexibility contract
for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201
et seq.).
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportionate to the
amount of the contract payment received by the owners and producers for
fiscal year 1999 under a production flexibility contract for the farm
under the Agricultural Market Transition Act.
(c) Protection of Tenants and Sharecroppers; Sharing of Payments.--
Sections 111(c) and 114(g) of the Agricultural Market Transition Act (7
U.S.C. 7211(c), 7214(g)) shall apply to the payments made under
subsection (a).
SEC. 803. <<NOTE: 7 USC 1421 note.>> SPECIALTY CROPS.
(a) Peanuts.--
(1) In general.--The Secretary shall use such amounts as are
necessary of funds of the Commodity Credit Corporation to
provide payments to producers of quota peanuts or additional
peanuts to partially compensate the producers for continuing low
commodity prices, and increasing costs of production, for the
1999 crop year.
(2) Amount.--The amount of a payment made to producers on a
farm of quota peanuts or additional peanuts under paragraph (1)
shall be equal to the product obtained by multiplying--
[[Page 113 STAT. 1177]]
(A) the quantity of quota peanuts or additional
peanuts produced or considered produced by the
producers; and
(B) an amount equal to 5 percent of the loan rate
established for quota peanuts or additional peanuts,
respectively, under section 155 of the Agricultural
Market Transition Act (7 U.S.C. 7271).
(b) Condition on Payment of Salaries and Expenses.--None of the
funds appropriated or otherwise made available by this Act or any other
Act may be used to pay the salaries and expenses of personnel of the
Department of Agriculture to carry out or enforce section 156(f ) of the
Agricultural Market Transition Act (7 U.S.C. 7272(f )) through fiscal
year 2001.
(c) Tobacco.--
(1) In general.--The Secretary shall use $328,000,000 of
funds of the Commodity Credit Corporation to make payments to
States on behalf of persons described in paragraph (2) for the
reduction in the quantity of quota allotted to certain farms
under part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) from the 1998
crop year to the 1999 crop year.
(2) Eligible persons.--To be eligible to receive a payment
under paragraphs (1) through (5), a person must own or operate,
or produce tobacco on, a farm--
(A) for which the quantity of quota allotted to the
farm under part I of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et
seq.) was reduced from the 1998 crop year to the 1999
crop year; and
(B) that was used for the production of tobacco
during the 1998 or 1999 crop year.
(3) Allocation to states.--The Secretary shall allocate
funds made available under paragraph (1) to States with eligible
persons described in paragraph (2) in proportion to the relative
quantity of quota allotted to farms in the States that was
reduced from the 1998 crop year to the 1999 crop year.
(4) Distribution by states.--
(A) In general.--In the case of a State described in
paragraph (3) that is a party to the National Tobacco
Grower Settlement Trust, the State shall distribute
funds made available under paragraph (3) to eligible
persons in the State in accordance with the formulas
established pursuant to the Trust.
(B) Other states.--Subject to the approval of the
Secretary, in the case of a State described in paragraph
(3) that is not a party to the National Tobacco Grower
Settlement Trust, the State shall distribute funds made
available under paragraph (3) to eligible persons in the
State in a manner determined by the State.
(5) Alternative distribution.--In lieu of making payments
under this subsection to States, the Secretary may distribute
funds directly to eligible persons using the facilities of
private disbursing agents, facilities of the Farm Service
Agency, or other available facilities.
(6) Flue-cured tobacco.--
(A) Limitation on quantity of allotment leased or
sold.--Section 316(e) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1316(e)) <<NOTE: 7 USC 1314b.>> is
amended--
[[Page 113 STAT. 1178]]
(i) in paragraph (1), by striking ``farm or,
in'' and all that follows through ``: Provided,
That in'' and inserting ``farm. In'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following:
``(2) Paragraph (1) shall not apply to flue-cured tobacco.''.
(B) Transfers of quota or allotment across county
lines in a state.--Section 316(g) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1314b(g)) is amended by
adding at the end the following:
``(3) Transfers allowed by referendum.--
``(A) Referendum.--On the request of at least 25
percent of the active flue-cured tobacco producers
within a State, the Secretary shall conduct a referendum
of the active flue-cured tobacco producers within the
State to determine whether the producers favor or oppose
permitting the sale of a flue-cured tobacco allotment or
quota from a farm in a State to any other farm in the
State.
``(B) Approval.--If the Secretary determines that a
majority of the active flue-cured tobacco producers
voting in the referendum approves permitting the sale of
a flue-cured tobacco allotment or quota from a farm in
the State to any other farm in the State, the Secretary
shall permit the sale of a flue-cured tobacco allotment
or quota from a farm in the State to any other farm in
the State.''.
(C) Same grower in contiguous counties.--Section
379(b) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1379(b)) is amended by inserting ``or flue-
cured'' after ``Burley''.
SEC. 804. <<NOTE: 7 USC 1421 note.>> OILSEEDS.
(a) In General.--The Secretary shall use $475,000,000 of funds of
the Commodity Credit Corporation to make payments to producers of the
1999 crop of oilseeds that are eligible to obtain a marketing assistance
loan under section 131 of the Agricultural Market Transition Act (7
U.S.C. 7231).
(b) Computation.--A payment to producers on a farm under this
section for an oilseed shall be equal to the product obtained by
multiplying--
(1) a payment rate determined by the Secretary;
(2) the acreage of the producers on the farm for the
oilseed, as determined under subsection (c); and
(3) the yield of the producers on the farm for the oilseed,
as determined under subsection (d).
(c) Acreage.--
(1) In general.--Except as provided in paragraph (2), the
acreage of the producers on the farm for an oilseed under
subsection (b)(2) shall be equal to the greater of--
(A) the number of acres planted to the oilseed by
the producers on the farm during the 1997 crop year, as
reported by the producers on the farm to the Secretary
(including any acreage reports that are filed late); or
(B) the number of acres planted to the oilseed by
the producers on the farm during the 1998 crop year, as
reported by the producers on the farm to the Secretary
(including any acreage reports that are filed late).
[[Page 113 STAT. 1179]]
(2) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 1999 crop year but not
the 1997 or 1998 crop year, the acreage of the producers for the
oilseed under subsection (b)(2) shall be equal to the number of
acres planted to the oilseed by the producers on the farm during
the 1999 crop year, as reported by the producers on the farm to
the Secretary (including any acreage reports that are filed
late).
(d) Yield.--
(1) Soybeans.--Except as provided in paragraph (3), in the
case of soybeans, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greatest of--
(A) the average county yield per harvested acre for
each of the 1994 through 1998 crop years, excluding the
crop year with the highest yield per harvested acre and
the crop year with the lowest yield per harvested acre;
(B) the actual yield of the producers on the farm
for the 1997 crop year; or
(C) the actual yield of the producers on the farm
for the 1998 crop year.
(2) Other oilseeds.--Except as provided in paragraph (3), in
the case of oilseeds other than soybeans, the yield of the
producers on a farm under subsection (b)(3) shall be equal to
the greatest of--
(A) the average national yield per harvested acre
for each of the 1994 through 1998 crop years, excluding
the crop year with the highest yield per harvested acre
and the crop year with the lowest yield per harvested
acre;
(B) the actual yield of the producers on the farm
for the 1997 crop year; or
(C) the actual yield of the producers on the farm
for the 1998 crop year.
(3) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 1999 crop year but not
the 1997 or 1998 crop year, the yield of the producers on a farm
under subsection (b)(3) shall be equal to the greater of--
(A) the average county yield per harvested acre for
each of the 1994 through 1998 crop years, excluding the
crop year with the highest yield per harvested acre and
the crop year with the lowest yield per harvested acre;
or
(B) the actual yield of the producers on the farm
for the 1999 crop.
(4) Data source.--To the maximum extent available, the
Secretary shall use data provided by the National Agricultural
Statistics Service to carry out this subsection.
SEC. 805. <<NOTE: 7 USC 1421 note.>> LIVESTOCK AND DAIRY.
The Secretary shall use $325,000,000 of funds of the Commodity
Credit Corporation to provide assistance directly to livestock and dairy
producers, in a manner determined appropriate by the Secretary, to
compensate the producers for economic losses incurred during 1999.
SEC. 806. <<NOTE: 7 USC 1421 note.>> UPLAND COTTON.
(a) In General.--Section 136(a) of the Agricultural Market
Transition Act (7 U.S.C. 7236(a)) is amended--
[[Page 113 STAT. 1180]]
(1) in paragraph (1), by striking ``or cash payments'' and
inserting ``or cash payments, at the option of the recipient,'';
(2) by striking ``3 cents per pound'' each place it appears
and inserting ``1.25 cents per pound'';
(3) in paragraph (3)--
(A) in the first sentence of subparagraph (A), by
striking ``owned by the Commodity Credit Corporation in
such manner, and at such price levels, as the Secretary
determines will best effectuate the purposes of cotton
user marketing certificates'' and inserting ``owned by
the Commodity Credit Corporation or pledged to the
Commodity Credit Corporation as collateral for a loan in
such manner, and at such price levels, as the Secretary
determines will best effectuate the purposes of cotton
user marketing certificates, including enhancing the
competitiveness and marketability of United States
cotton''; and
(B) in subparagraph (B), by striking the second
sentence; and
(4) by striking paragraph (4).
(b) Ensuring the Availability of Upland Cotton.--Section 136(b) of
the Agricultural Market Transition Act (7 U.S.C. 7236(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Establishment.--
``(A) In <<NOTE: President.>> general.--The
President shall carry out an import quota program during
the period ending July 31, 2003, as provided in this
subsection.
``(B) Program requirements.--Except as provided in
subparagraph (C), whenever the Secretary determines and
announces that for any consecutive 4-week period, the
Friday through Thursday average price quotation for the
lowest-priced United States growth, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F.
Northern Europe, adjusted for the value of any
certificate issued under subsection (a), exceeds the
Northern Europe price by more than 1.25 cents per pound,
there shall immediately be in effect a special import
quota.
``(C) Tight domestic supply.--During any month for
which the Secretary estimates the season-ending United
States upland cotton stocks-to-use ratio, as determined
under subparagraph (D), to be below 16 percent, the
Secretary, in making the determination under
subparagraph (B), shall not adjust the Friday through
Thursday average price quotation for the lowest-priced
United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, for
the value of any certificates issued under subsection
(a).
``(D) Season-ending united states stocks-to-use
ratio.--For the purposes of making estimates under
subparagraph (C), the Secretary shall, on a monthly
basis, estimate and report the season-ending United
States upland cotton stocks-to-use ratio, excluding
projected raw cotton imports but including the quantity
of raw cotton that has been imported into the United
States during the marketing year.''; and
(2) by adding at the end the following:
[[Page 113 STAT. 1181]]
``(7) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special import
quota established under this subsection may not exceed the
equivalent of 5 week's consumption of upland cotton by domestic
mills at the seasonally adjusted average rate of the 3 months
immediately preceding the first special import quota established
in any marketing year.''.
SEC. 807. <<NOTE: 7 USC 1421 note.>> MILK.
(a) In General.--Section 141 of the Agricultural Market Transition
Act (7 U.S.C. 7251) is amended--
(1) in subsection (b)(4), by striking ``calendar year 1999''
and inserting ``each of calendar years 1999 and 2000''; and
(2) in subsection (h), by striking ``1999'' each place it
appears and inserting ``2000''.
(b) Conforming Amendment.--Section 142(e) of the Agricultural Market
Transition Act (7 U.S.C. 7252(e)) is amended by striking ``2000'' and
inserting ``2001''.
Subtitle B--Other Assistance
SEC. 811. <<NOTE: 7 USC 1421 note.>> AUTHORITY FOR ADVANCE PAYMENT IN
FULL OF REMAINING PAYMENTS UNDER PRODUCTION FLEXIBILITY
CONTRACTS.
Section 112(d)(3) of the Agricultural Market Transition Act (7
U.S.C. 7212(d)(3)) is amended--
(1) in the paragraph heading, by striking ``for fiscal year
1999''; and
(2) by striking ``for fiscal year 1999'' and inserting ``for
any of fiscal years 1999 through 2002''.
SEC. 812. <<NOTE: 7 USC 1421 note.>> COMMODITY CERTIFICATES.
Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 7281
et seq.) is amended by adding at the end the following:
``SEC. 166. <<NOTE: 7 USC 7286.>> COMMODITY CERTIFICATES.
``(a) In General.--In making in-kind payments under subtitle C, the
Commodity Credit Corporation may--
``(1) acquire and use commodities that have been pledged to
the Commodity Credit Corporation as collateral for loans made by
the Corporation;
``(2) use other commodities owned by the Commodity Credit
Corporation; and
``(3) redeem negotiable marketing certificates for cash
under terms and conditions established by the Secretary.
``(b) Methods of Payment.--The Commodity Credit Corporation may make
in-kind payments--
``(1) by delivery of the commodity at a warehouse or other
similar facility;
``(2) by the transfer of negotiable warehouse receipts;
``(3) by the issuance of negotiable certificates, which the
Commodity Credit Corporation shall exchange for a commodity
owned or controlled by the Corporation in accordance with
regulations promulgated by the Corporation; or
``(4) by such other methods as the Commodity Credit
Corporation determines appropriate to promote the efficient,
equitable, and expeditious receipt of the in-kind payments so
that
[[Page 113 STAT. 1182]]
a person receiving the payments receives the same total return
as if the payments had been made in cash.
``(c) Administration.--
``(1) Form.--At the option of a producer, the Commodity
Credit Corporation shall make negotiable certificates authorized
under subsection (b)(3) available to the producer, in the form
of program payments or by sale, in a manner that the Corporation
determines will encourage the orderly marketing of commodities
pledged as collateral for loans made to producers under subtitle
C.
``(2) Transfer.--A negotiable certificate issued in
accordance with this subsection may be transferred to another
person in accordance with regulations promulgated by the
Secretary.''.
SEC. 813. <<NOTE: 7 USC 1421 note.>> LIMITATION ON MARKETING LOAN GAINS
AND LOAN DEFICIENCY PAYMENTS.
(a) In General.--Notwithstanding section 1001(2) of the Food
Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the
payments specified in section 1001(3) of that Act that a person shall be
entitled to receive under the Agricultural Market Transition Act (7
U.S.C. 7201 et seq.) for one or more contract commodities and oilseeds
produced during the 1999 crop year may not exceed $150,000.
(b) 1999 Marketings.--In carrying out subsection (a), the Secretary
shall allow a producer that has marketed a quantity of an eligible 1999
crop for which the producer has not received a loan deficiency payment
or marketing loan gain under section 134 or 135 of the Agricultural
Market Transition Act (7 U.S.C. 7234, 7235) to receive such payment or
gain as of the date on which the quantity was marketed or redeemed, as
determined by the Secretary.
SEC. 814. <<NOTE: 7 USC 1421 note.>> ASSISTANCE FOR PURCHASE OF
ADDITIONAL CROP INSURANCE COVERAGE.
The Secretary shall transfer $400,000,000 of funds of the Commodity
Credit Corporation to the Federal Crop Insurance Corporation to be used
to assist agricultural producers in purchasing additional coverage for
the 2000 crop year under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.).
SEC. 815. <<NOTE: Oklahoma. 7 USC 1421 note.>> FORGIVENESS OF CERTAIN
WATER AND WASTE DISPOSAL LOANS.
The Secretary shall forgive the principal indebtedness and accrued
interest owed by the City of Stroud, Oklahoma, to the Rural Utilities
Service on water and waste disposal loans numbered 9105 and 9107.
SEC. 816. <<NOTE: 7 USC 1421 note.>> NATIONAL SHEEP INDUSTRY IMPROVEMENT
CENTER.
(a) Definitions.--Section 375(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(a)) is amended by adding at the end the
following:
``(5) Intermediary.--The term `intermediary' means a
financial institution receiving Center funds for establishing a
revolving fund and relending to an eligible entity.''.
(b) Revolving Fund.--Section 375(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)) is amended--
(1) in paragraph (3)--
[[Page 113 STAT. 1183]]
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Center may use amounts in the
Fund to make direct loans, loan guarantees, cooperative
agreements, equity interests, investments, repayable
grants, and grants to eligible entities, either directly
or through an intermediary, in accordance with a
strategic plan submitted under subsection (d).'';
(B) in subparagraph (B), by adding at the end the
following: ``The Fund is intended to furnish the initial
capital for a revolving fund that will eventually be
privatized for the purposes of assisting the United
States sheep and goat industries.'';
(C) by striking subparagraph (D);
(D) by striking subparagraph (E) and inserting the
following:
``(E) Administration.--The Center may not use more
than 3 percent of the amounts in the portfolio of the
Center for each fiscal year for the administration of
the Center. The portfolio shall be calculated at the
beginning of each fiscal year and shall include a total
of--
``(i) all outstanding loan balances;
``(ii) the Fund balance;
``(iii) the outstanding balance to
intermediaries; and
``(iv) the amount the Center paid for all
equity interests.'';
(E) in subparagraph (H)--
(i) in clause (v), by striking ``or'' at the
end;
(ii) in clause (vi), by striking the period at
the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(vii) purchase equity interests.''; and
(F) by redesignating subparagraphs (E) through (H)
as subparagraphs (D) through (G), respectively; and
(2) in paragraph (6), by striking subparagraph (D).
(c) Board of Directors.--Section 375(f ) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008j(f )) is amended--
(1) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) review any contract, direct loan, loan
guarantee, cooperative agreement, equity interest,
investment, repayable grant, and grant to be made or
entered into by the Center and any financial assistance
provided to the Center;'';
(2) in paragraph (5), by striking subparagraph (C) and
inserting the following:
``(C) Reappointment.--A voting member may be
reappointed for not more than one additional term.'';
and
(3) in paragraph (6), by striking subparagraph (B) and
inserting the following:
``(B) Reappointment.--A voting member appointed to
fill a vacancy for an unexpired term may be reappointed
for one full term.''.
(d) Privatization.--Section 375 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j) is amended by adding at the end the
following:
[[Page 113 STAT. 1184]]
``( j) Privatization.--
``(1) In general.--Privatization of a revolving fund for the
purposes of assisting the United States sheep and goat
industries shall occur on the earlier of--
``(A) September 30, 2006; or
``(B) the date as of which a total of $30,000,000
has been appropriated for the Center under subsection
(e)(6)(C).
``(2) Privatization proposal.--On privatization of a
revolving fund in accordance with paragraph (1), the Board shall
submit to the Secretary, for approval, a privatization proposal
that--
``(A) delineates a private successor entity to the
Center; and
``(B) establishes a transition plan.
``(3) Private successor entity.--The private successor
entity shall--
``(A) have the purposes described in subsection (c);
``(B) be organized under the laws of one of the
States; and
``(C) be able to continue the activities of the
Center.
``(4) Transition plan.--The transition plan shall--
``(A) identify any continuing role of the Federal
Government with respect to the Center;
``(B) provide for the transfer of all Center assets
and liabilities to the private successor entity; and
``(C) delineate the status of the Board and
employees of the Center.
``(5) Implementation.--
``(A) In general.--On approval by the Secretary of
the private successor entity and the transition plan,
the Center shall create the private successor entity and
implement the transition plan.
``(B) Authority.--The Secretary shall have all
necessary authority to implement the transition plan.
``(6) Transfer of funds.--On creation of the private
successor entity, all funds held by the Department of the
Treasury pursuant to this section shall be transferred to the
private successor entity.
``(7) Repeal.--On the date the Secretary publishes notice in
the Federal Register that the transition plan is complete, this
section is repealed.''.
SEC. 817. <<NOTE: 7 USC 1421 note.>> FISHERIES.
(a) Norton <<NOTE: Alaska.>> Sound Fisheries Failure.--
(1) Income eligibility.--Section 763(a) of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1999 (112 Stat. 2681-36), is
amended by striking ``federal poverty level'' and inserting
``income eligibility level established for Alaska under the
temporary assistance to needy families (TANF) program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.)''.
(2) Emergency assistance.--Section 1124 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1999 (112 Stat. 2681-45), is
amended by inserting before the period at the end the following:
``or a fisheries failure in the Norton Sound region
[[Page 113 STAT. 1185]]
of Alaska that has resulted in the closure of commercial and
subsistence fisheries to persons that depend on fish as their
primary source of food and income''.
(3) Appropriation.--
(A) In general.--In addition to amounts appropriated
or otherwise made available by this Act, there is
appropriated to the Department of Agriculture for fiscal
year 2001, out of any money in the Treasury not
otherwise appropriated, $15,000,000, to remain available
until expended, to provide emergency disaster assistance
to persons or entities affected by the 1999 fisheries
failure in the Norton Sound region of Alaska.
(B) Transfer.--To carry out this paragraph, the
Secretary shall transfer to the Secretary of Commerce
for obligation and expenditure--
(i) $10,000,000 for fiscal year 2001 for
grants under section 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149);
and
(ii) $5,000,000 for fiscal year 2001 for
carrying out section 312 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1861a).
(b) Commercial Fisheries Failure.--
(1) In general.--In addition to amounts appropriated or
otherwise made available by this Act, there is appropriated to
the Department of Agriculture for fiscal year 2001, out of any
money in the Treasury not otherwise appropriated, $15,000,000,
to remain available until expended, which shall be transferred
to the Department of Commerce to provide emergency disaster
assistance for the commercial fishery failure under section
308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(b)(1)) with respect to Northeast multispecies
fisheries.
(2) Use.--Amounts made available under this subsection shall
be used to support cooperative research and management
activities administered by the National Marine Fisheries
Services and based on recommendations by the New England Fishery
Management Council.
SEC. 818. <<NOTE: 7 USC 1421 note.>> SENSE OF THE CONGRESS REGARDING
FAST-TRACK AUTHORITY AND FUTURE WORLD TRADE ORGANIZATION
NEGOTIATIONS.
It is the sense of the Congress that--
(1) the President should make a formal request for
appropriate fast-track authority for future United States trade
negotiations;
(2) regarding future World Trade Organization negotiations--
(A) rules for trade in agricultural commodities
should be strengthened and trade-distorting import and
export practices should be eliminated or substantially
reduced;
(B) the rules of the World Trade Organization should
be strengthened regarding the practices or policies of a
foreign government that unreasonably--
(i) restrict market access for products of new
technologies, including products of biotechnology;
or
[[Page 113 STAT. 1186]]
(ii) delay or preclude implementation of a
report of a dispute panel of the World Trade
Organization; and
(C) negotiations within the World Trade Organization
should be structured so as to provide the maximum
leverage possible to ensure the successful conclusion of
negotiations on agricultural products;
(3) the President should--
(A) conduct a comprehensive evaluation of all
existing export and food aid programs, including--
(i) the export credit guarantee program
established under section 202 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5622);
(ii) the market access program established
under section 203 of that Act (7 U.S.C. 5623);
(iii) the export enhancement program
established under section 301 of that Act (7
U.S.C. 5651);
(iv) the foreign market development cooperator
program established under section 702 of that Act
(7 U.S.C. 5722); and
(v) programs established under the
Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1691 et seq.); and
(B) transmit to Congress--
(i) the results of the evaluation under
subparagraph (A); and
(ii) recommendations on maximizing the
effectiveness of the programs described in
subparagraph (A); and
(4) the Secretary should carry out a purchase and donation
or concessional sales initiative in each of fiscal years 1999
and 2000 to promote the export of additional quantities of
soybeans, beef, pork, poultry, and products of such commodities
(including soybean meal, soybean oil, textured vegetable
protein, and soy protein concentrates and isolates) using
programs established under--
(A) the Commodity Credit Corporation Charter Act (15
U.S.C. 714 et seq.);
(B) section 416 of the Agricultural Act of 1949 (7
U.S.C. 1431);
(C) titles I and II of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1701 et
seq.); and
(D) the Food for Progress Act of 1985 (7 U.S.C.
1736o).
Subtitle C--Administration
SEC. 821. <<NOTE: 7 USC 1421 note.>> COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this title.
SEC. 822. <<NOTE: 7 USC 1421 note.>> ADMINISTRATIVE COSTS.
(a) Reservation of Funds.--Subject to subsections (b) and (c), the
Secretary may reserve up to $56,000,000 of the amounts made available
under subtitle A to cover administrative costs
[[Page 113 STAT. 1187]]
incurred by the Farm Service Agency directly related to carrying out
that subtitle.
(b) Proportional Reservation.--The amount reserved by the Secretary
from the amounts made available under each section of subtitle A (other
than section 802) shall bear the same proportion to the total amount
reserved under subsection (a) as the administrative costs incurred by
the Farm Service Agency to carry out that section (other than section
802) bear to the total administrative costs incurred by the Farm Service
Agency to carry out that subtitle (other than section 802).
(c) Exception for Market Loss Assistance.--The Secretary may not
reserve any portion of the amount made available under section 802 to
pay administrative costs.
SEC. 823. <<NOTE: 7 USC 1421 note.>> EMERGENCY REQUIREMENT.
The entire amount necessary to carry out this title and the
amendments made by this title shall be available only to the extent that
an official budget request for the entire amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
SEC. 824. <<NOTE: 7 USC 1421 note.>> REGULATIONS.
(a) Promulgation.--As soon as practicable after the date of the
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to implement subtitle A and the amendments made by subtitle A.
The promulgation of the regulations and administration of subtitle A
shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
SEC. 825. <<NOTE: 7 USC 1421 note.>> LIVESTOCK AND DAIRY ASSISTANCE.
(a) Livestock Assistance.--Of the funds provided in sections 801 and
805, no less than $200,000,000 shall be in the form of assistance to
livestock producers for losses due to drought or other natural
disasters.
(b) Dairy Assistance.--Of the funds provided in section 805, no less
than $125,000,000 shall be in the form of assistance to dairy producers.
(c) Form of Assistance.--Assistance for livestock losses shall be in
the form of grants and or other in-kind assistance, but shall not
include loans.
[[Page 113 STAT. 1188]]
TITLE <<NOTE: Livestock Mandatory Reporting Act of 1999.>> IX--LIVESTOCK
MANDATORY REPORTING
SEC. 901. <<NOTE: 7 USC 1635 note.>> SHORT TITLE.
This title may be cited as the ``Livestock Mandatory Reporting Act
of 1999''.
Subtitle A--Livestock Mandatory Reporting
SEC. 911. <<NOTE: 7 USC 1635 note.>> LIVESTOCK MANDATORY REPORTING.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended--
(1) by inserting before section 202 (7 U.S.C. 1621) the
following:
``Subtitle A--General Provisions'';
and
(2) by adding at the end the following:
``Subtitle B--Livestock Mandatory Reporting
``CHAPTER 1--PURPOSE; DEFINITIONS
``SEC. 211. <<NOTE: 7 USC 1635.>> PURPOSE.
``The purpose of this subtitle is to establish a program of
information regarding the marketing of cattle, swine, lambs, and
products of such livestock that--
``(1) provides information that can be readily understood by
producers, packers, and other market participants, including
information with respect to the pricing, contracting for
purchase, and supply and demand conditions for livestock,
livestock production, and livestock products;
``(2) improves the price and supply reporting services of
the Department of Agriculture; and
``(3) encourages competition in the marketplace for
livestock and livestock products.
``SEC. 212. <<NOTE: 7 USC 1635a.>> DEFINITIONS.
``In this subtitle:
``(1) Base price.--The term `base price' means the price
paid for livestock, delivered at the packing plant, before
application of any premiums or discounts, expressed in dollars
per hundred pounds of carcass weight.
``(2) Basis level.--The term `basis level' means the agreed-
on adjustment to a future price to establish the final price
paid for livestock.
``(3) Current slaughter week.--The term `current slaughter
week' means the period beginning Monday, and ending Sunday, of
the week in which a reporting day occurs.
[[Page 113 STAT. 1189]]
``(4) F.O.B.--The term `F.O.B.' means free on board,
regardless of the mode of transportation, at the point of direct
shipment by the seller to the buyer.
``(5) Livestock.--The term `livestock' means cattle, swine,
and lambs.
``(6) Lot.--The term `lot' means a group of one or more
livestock that is identified for the purpose of a single
transaction between a buyer and a seller.
``(7) Marketing.--The term `marketing' means the sale or
other disposition of livestock, livestock products, or meat or
meat food products in commerce.
``(8) Negotiated purchase.--The term `negotiated purchase'
means a cash or spot market purchase by a packer of livestock
from a producer under which--
``(A) the base price for the livestock is determined
by seller-buyer interaction and agreement on a day; and
``(B) the livestock are scheduled for delivery to
the packer not later than 14 days after the date on
which the livestock are committed to the packer.
``(9) Negotiated sale.--The term `negotiated sale' means a
cash or spot market sale by a producer of livestock to a packer
under which--
``(A) the base price for the livestock is determined
by seller-buyer interaction and agreement on a day; and
``(B) the livestock are scheduled for delivery to
the packer not later than 14 days after the date on
which the livestock are committed to the packer.
``(10) Prior slaughter week.--The term `prior slaughter
week' means the Monday through Sunday prior to a reporting day.
``(11) Producer.--The term `producer' means any person
engaged in the business of selling livestock to a packer for
slaughter (including the sale of livestock from a packer to
another packer).
``(12) Reporting day.--The term `reporting day' means a day
on which--
``(A) a packer conducts business regarding livestock
committed to the packer, or livestock purchased, sold,
or slaughtered by the packer;
``(B) the Secretary is required to make information
concerning the business described in subparagraph (A)
available to the public; and
``(C) the Department of Agriculture is open to
conduct business.
``(13) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(14) State.--The term `State' means each of the 50 States.
``CHAPTER 2--CATTLE REPORTING
``SEC. 221. <<NOTE: 7 USC 1635d.>> DEFINITIONS.
``In this chapter:
``(1) Cattle committed.--The term `cattle committed' means
cattle that are scheduled to be delivered to a packer within the
7-day period beginning on the date of an agreement to sell the
cattle.
[[Page 113 STAT. 1190]]
``(2) Cattle type.--The term `cattle type' means the
following types of cattle purchased for slaughter:
``(A) Fed steers.
``(B) Fed heifers.
``(C) Fed Holsteins and other fed dairy steers and
heifers.
``(D) Cows.
``(E) Bulls.
``(3) Formula marketing arrangement.--The term `formula
marketing arrangement' means the advance commitment of cattle
for slaughter by any means other than through a negotiated
purchase or a forward contract, using a method for calculating
price in which the price is determined at a future date.
``(4) Forward contract.--The term `forward contract' means--
``(A) an agreement for the purchase of cattle,
executed in advance of slaughter, under which the base
price is established by reference to--
``(i) prices quoted on the Chicago Mercantile
Exchange; or
``(ii) other comparable publicly available
prices; or
``(B) such other forward contract as the Secretary
determines to be applicable.
``(5) Packer.--The term `packer' means any person engaged in
the business of buying cattle in commerce for purposes of
slaughter, of manufacturing or preparing meats or meat food
products from cattle for sale or shipment in commerce, or of
marketing meats or meat food products from cattle in an
unmanufactured form acting as a wholesale broker, dealer, or
distributor in commerce, except that--
``(A) the term includes only a cattle processing
plant that is federally inspected;
``(B) for any calendar year, the term includes only
a cattle processing plant that slaughtered an average of
at least 125,000 head of cattle per year during the
immediately preceding 5 calendar years; and
``(C) in the case of a cattle processing plant that
did not slaughter cattle during the immediately
preceding 5 calendar years, the Secretary shall consider
the plant capacity of the processing plant in
determining whether the processing plant should be
considered a packer under this chapter.
``(6) Packer-owned cattle.--The term `packer-owned cattle'
means cattle that a packer owns for at least 14 days immediately
before slaughter.
``(7) Terms of trade.--The term `terms of trade' includes,
with respect to the purchase of cattle for slaughter--
``(A) whether a packer provided any financing
agreement or arrangement with regard to the cattle;
``(B) whether the delivery terms specified the
location of the producer or the location of the packer's
plant;
``(C) whether the producer is able to unilaterally
specify the date and time during the business day of the
packer that the cattle are to be delivered for
slaughter; and
``(D) the percentage of cattle purchased by a packer
as a negotiated purchase that are delivered to the plant
[[Page 113 STAT. 1191]]
for slaughter more than 7 days, but fewer than 14 days,
after the earlier of--
``(i) the date on which the cattle were
committed to the packer; or
``(ii) the date on which the cattle were
purchased by the packer.
``(8) Type of purchase.--The term `type of purchase', with
respect to cattle, means--
``(A) a negotiated purchase;
``(B) a formula market arrangement; and
``(C) a forward contract.
``SEC. 222. <<NOTE: 7 USC 1635e.>> MANDATORY REPORTING FOR LIVE CATTLE.
``(a) Establishment.--The Secretary shall establish a program of
live cattle price information reporting that will--
``(1) provide timely, accurate, and reliable market
information;
``(2) facilitate more informed marketing decisions; and
``(3) promote competition in the cattle slaughtering
industry.
``(b) General Reporting Provisions Applicable to Packers and the
Secretary.--
``(1) In general.--Whenever the prices or quantities of
cattle are required to be reported or published under this
section, the prices or quantities shall be categorized so as to
clearly delineate--
``(A) the prices or quantities, as applicable, of
the cattle purchased in the domestic market; and
``(B) the prices or quantities, as applicable, of
imported cattle.
``(2) Packer-owned cattle.--Information required under this
section for packer-owned cattle shall include quantity and
carcass characteristics, but not price.
``(c) Daily Reporting.--
``(1) In <<NOTE: Deadline.>> general.--The corporate
officers or officially designated representatives of each packer
processing plant shall report to the Secretary at least twice
each reporting day (including once not later than 10:00 a.m.
Central Time and once not later than 2:00 p.m. Central Time) the
following information for each cattle type:
``(A) The prices for cattle (per hundredweight)
established on that day, categorized by--
``(i) type of purchase;
``(ii) the quantity of cattle purchased on a
live weight basis;
``(iii) the quantity of cattle purchased on a
dressed weight basis;
``(iv) a range of the estimated live weights
of the cattle purchased;
``(v) an estimate of the percentage of the
cattle purchased that were of a quality grade of
choice or better; and
``(vi) any premiums or discounts associated
with--
``(I) weight, grade, or yield; or
``(II) any type of purchase.
``(B) The quantity of cattle delivered to the packer
(quoted in numbers of head) on that day, categorized
by--
[[Page 113 STAT. 1192]]
``(i) type of purchase;
``(ii) the quantity of cattle delivered on a
live weight basis; and
``(iii) the quantity of cattle delivered on a
dressed weight basis.
``(C) The quantity of cattle committed to the packer
(quoted in numbers of head) as of that day, categorized
by--
``(i) type of purchase;
``(ii) the quantity of cattle committed on a
live weight basis; and
``(iii) the quantity of cattle committed on a
dressed weight basis.
``(D) The terms of trade regarding the cattle, as
applicable.
``(2) Publication.--The <<NOTE: Public
information.>> Secretary shall make the information available to
the public not less frequently than three times each reporting
day.
``(d) Weekly Reporting.--
``(1) In <<NOTE: Deadline.>> general.--The corporate
officers or officially designated representatives of each packer
processing plant shall report to the Secretary, on the first
reporting day of each week, not later than 9:00 a.m. Central
Time, the following information applicable to the prior
slaughter week:
``(A) The quantity of cattle purchased through a
forward contract that were slaughtered.
``(B) The quantity of cattle delivered under a
formula marketing arrangement that were slaughtered.
``(C) The quantity and carcass characteristics of
packer-owned cattle that were slaughtered.
``(D) The quantity, basis level, and delivery month
for all cattle purchased through forward contracts that
were agreed to by the parties.
``(E) The range and average of intended premiums and
discounts that are expected to be in effect for the
current slaughter week.
``(2) Formula <<NOTE: Deadline.>> purchases.--The corporate
officers or officially designated representatives of each packer
processing plant shall report to the Secretary, on the first
reporting day of each week, not later than 9:00 a.m. Central
Time, the following information for cattle purchased through a
formula marketing arrangement and slaughtered during the prior
slaughter week:
``(A) The quantity (quoted in both numbers of head
and hundredweights) of cattle.
``(B) The weighted average price paid for a carcass,
including applicable premiums and discounts.
``(C) The range of premiums and discounts paid.
``(D) The weighted average of premiums and discounts
paid.
``(E) The range of prices paid.
``(F) The aggregate weighted average price paid for
a carcass.
``(G) The terms of trade regarding the cattle, as
applicable.
``(3) Publication.--The <<NOTE: Public
information. Deadline.>> Secretary shall make available to the
public the information obtained under paragraphs (1) and
[[Page 113 STAT. 1193]]
(2) on the first reporting day of the current slaughter week,
not later than 10:00 a.m. Central Time.
``(e) Regional Reporting of Cattle Types.--
``(1) In general.--The Secretary shall determine whether
adequate data can be obtained on a regional basis for fed
Holsteins and other fed dairy steers and heifers, cows, and
bulls based on the number of packers required to report under
this section.
``(2) Report.--Not <<NOTE: Deadline.>> later than 2 years
after the date of the enactment of this subtitle, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report on the determination of the
Secretary under paragraph (1).
``SEC. 223. <<NOTE: 7 USC 1635f.>> MANDATORY PACKER REPORTING OF BOXED
BEEF SALES.
``(a) Daily Reporting.--The corporate officers or officially
designated representatives of each packer processing plant shall report
to the Secretary at least twice each reporting day (not less than once
before, and once after, 12:00 noon Central Time) information on total
boxed beef sales, including--
``(1) the price for each lot of each negotiated boxed beef
sale (determined by seller-buyer interaction and agreement),
quoted in dollars per hundredweight (on a F.O.B. plant basis);
``(2) the quantity for each lot of each sale, quoted by
number of boxes sold; and
``(3) information regarding the characteristics of each lot
of each sale, including--
``(A) the grade of beef (USDA Choice or better, USDA
Select, or ungraded no-roll product);
``(B) the cut of beef; and
``(C) the trim specification.
``(b) Publication.--The <<NOTE: Public information.>> Secretary
shall make available to the public the information required to be
reported under subsection (a) not less frequently than twice each
reporting day.
``CHAPTER 3--SWINE REPORTING
``SEC. 231. <<NOTE: 7 USC 1635i.>> DEFINITIONS.
``In this chapter:
``(1) Affiliate.--The term `affiliate', with respect to a
packer, means--
``(A) a person that directly or indirectly owns,
controls, or holds with power to vote, 5 percent or more
of the outstanding voting securities of the packer;
``(B) a person 5 percent or more of whose
outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the
packer; and
``(C) a person that directly or indirectly controls,
or is controlled by or under common control with, the
packer.
``(2) Applicable reporting period.--The term `applicable
reporting period' means the period of time prescribed by the
prior day report, the morning report, and the afternoon report,
as required under section 232(c).
``(3) Barrow.--The term `barrow' means a neutered male
swine.
[[Page 113 STAT. 1194]]
``(4) Base market hog.--The term `base market hog' means a
hog for which no discounts are subtracted from and no premiums
are added to the base price.
``(5) Bred female swine.--The term `bred female swine' means
any female swine, whether a sow or gilt, that has been mated or
inseminated and is assumed, or has been confirmed, to be
pregnant.
``(6) Formula price.--The term `formula price' means a price
determined by a mathematical formula under which the price
established for a specified market serves as the basis for the
formula.
``(7) Gilt.--The term `gilt' means a young female swine that
has not produced a litter.
``(8) Hog class.--The term `hog class' means, as
applicable--
``(A) barrows or gilts;
``(B) sows; or
``(C) boars or stags.
``(9) Noncarcass merit premium.--The term `noncarcass merit
premium' means an increase in the base price of the swine
offered by an individual packer or packing plant, based on any
factor other than the characteristics of the carcass, if the
actual amount of the premium is known before the sale and
delivery of the swine.
``(10) Other market formula purchase.--
``(A) In general.--The term `other market formula
purchase' means a purchase of swine by a packer in which
the pricing mechanism is a formula price based on any
market other than the market for swine, pork, or a pork
product.
``(B) Inclusion.--The term `other market formula
purchase' includes a formula purchase in a case in which
the price formula is based on one or more futures or
options contracts.
``(11) Other purchase arrangement.--The term `other purchase
arrangement' means a purchase of swine by a packer that--
``(A) is not a negotiated purchase, swine or pork
market formula purchase, or other market formula
purchase; and
``(B) does not involve packer-owned swine.
``(12) Packer.--The term `packer' means any person engaged
in the business of buying swine in commerce for purposes of
slaughter, of manufacturing or preparing meats or meat food
products from swine for sale or shipment in commerce, or of
marketing meats or meat food products from swine in an
unmanufactured form acting as a wholesale broker, dealer, or
distributor in commerce, except that--
``(A) the term includes only a swine processing
plant that is federally inspected;
``(B) for any calendar year, the term includes only
a swine processing plant that slaughtered an average of
at least 100,000 swine per year during the immediately
preceding 5 calendar years; and
``(C) in the case of a swine processing plant that
did not slaughter swine during the immediately preceding
5 calendar years, the Secretary shall consider the plant
capacity of the processing plant in determining whether
[[Page 113 STAT. 1195]]
the processing plant should be considered a packer under
this chapter.
``(13) Packer-owned swine.--The term `packer-owned swine'
means swine that a packer (including a subsidiary or affiliate
of the packer) owns for at least 14 days immediately before
slaughter.
``(14) Packer-sold swine.--The term `packer-sold swine'
means the swine that are--
``(A) owned by a packer (including a subsidiary or
affiliate of the packer) for more than 14 days
immediately before sale for slaughter; and
``(B) sold for slaughter to another packer.
``(15) Pork.--The term `pork' means the meat of a porcine
animal.
``(16) Pork product.--The term `pork product' means a
product or byproduct produced or processed in whole or in part
from pork.
``(17) Purchase data.--The term `purchase data' means all of
the applicable data, including weight (if purchased live), for
all swine purchased during the applicable reporting period,
regardless of the expected delivery date of the swine, reported
by--
``(A) hog class;
``(B) type of purchase; and
``(C) packer-owned swine.
``(18) Slaughter data.--The term `slaughter data' means all
of the applicable data for all swine slaughtered by a packer
during the applicable reporting period, regardless of when the
price of the swine was negotiated or otherwise determined,
reported by--
``(A) hog class;
``(B) type of purchase; and
``(C) packer-owned swine.
``(19) Sow.--The term `sow' means an adult female swine that
has produced one or more litters.
``(20) Swine.--The term `swine' means a porcine animal
raised to be a feeder pig, raised for seedstock, or raised for
slaughter.
``(21) Swine or pork market formula purchase.--The term
`swine or pork market formula purchase' means a purchase of
swine by a packer in which the pricing mechanism is a formula
price based on a market for swine, pork, or a pork product,
other than a future or option for swine, pork, or a pork
product.
``(22) Type of purchase.--The term `type of purchase', with
respect to swine, means--
``(A) a negotiated purchase;
``(B) other market formula purchase;
``(C) a swine or pork market formula purchase; and
``(D) other purchase arrangement.
``SEC. 232. <<NOTE: 7 USC 1635j.>> MANDATORY REPORTING FOR SWINE.
``(a) Establishment.--The Secretary shall establish a program of
swine price information reporting that will--
``(1) provide timely, accurate, and reliable market
information;
``(2) facilitate more informed marketing decisions; and
[[Page 113 STAT. 1196]]
``(3) promote competition in the swine slaughtering
industry.
``(b) General Reporting Provisions Applicable to Packers and the
Secretary.--
``(1) In general.--The Secretary shall establish and
implement a price reporting program in accordance with this
section that includes the reporting and publication of
information required under this section.
``(2) Packer-owned swine.--Information required under this
section for packer-owned swine shall include quantity and
carcass characteristics, but not price.
``(3) Packer-sold swine.--If information regarding the type
of purchase is required under this section, the information
shall be reported according to the numbers and percentages of
each type of purchase comprising--
``(A) packer-sold swine; and
``(B) all other swine.
``(4) Additional information.--
``(A) Review.--The Secretary shall review the
information required to be reported by packers under
this section at least once every 2 years.
``(B) Outdated <<NOTE: Regulations.>> information.--
After public notice and an opportunity for comment,
subject to subparagraph (C), the Secretary shall
promulgate regulations that specify additional
information that shall be reported under this section if
the Secretary determines under the review under
subparagraph (A) that--
``(i) information that is currently required
no longer accurately reflects the methods by which
swine are valued and priced by packers; or
``(ii) packers that slaughter a significant
majority of the swine produced in the United
States no longer use backfat or lean percentage
factors as indicators of price.
``(C) Limitation.--Under subparagraph (B), the
Secretary may not require packers to provide any new or
additional information that--
``(i) is not generally available or maintained
by packers; or
``(ii) would be otherwise unduly burdensome to
provide.
``(c) Daily Reporting.--
``(1) Prior day report.--
``(A) In general.--The corporate officers or
officially designated representatives of each packer
processing plant shall report to the Secretary, for each
business day of the packer, such information as the
Secretary determines necessary and appropriate to--
``(i) comply with the publication requirements
of this section; and
``(ii) provide for the timely access to the
information by producers, packers, and other
market participants.
``(B) Reporting <<NOTE: Deadline.>> deadline and
plants required to report.--Not later than 7:00 a.m.
Central Time on each
[[Page 113 STAT. 1197]]
reporting day, a packer required to report under
subparagraph (A) shall report information regarding all
swine purchased, priced, or slaughtered during the prior
business day of the packer.
``(C) Information required.--The information from
the prior business day of a packer required under this
paragraph shall include--
``(i) all purchase data, including--
``(I) the total number of--
``(aa) swine purchased; and
``(bb) swine scheduled for
delivery; and
``(II) the base price and purchase
data for slaughtered swine for which a
price has been established;
``(ii) all slaughter data for the total number
of swine slaughtered, including--
``(I) information concerning the net
price, which shall be equal to the total
amount paid by a packer to a producer
(including all premiums, less all
discounts) per hundred pounds of carcass
weight of swine delivered at the plant--
``(aa) including any sum
deducted from the price per
hundredweight paid to a producer
that reflects the repayment of a
balance owed by the producer to
the packer or the accumulation
of a balance to later be repaid
by the packer to the producer;
and
``(bb) excluding any sum
earlier paid to a producer that
must later be repaid to the
packer;
``(II) information concerning the
average net price, which shall be equal
to the quotient (stated per hundred
pounds of carcass weight of swine)
obtained by dividing--
``(aa) the total amount paid
for the swine slaughtered at a
packing plant during the
applicable reporting period,
including all premiums and
discounts, and including any sum
deducted from the price per
hundredweight paid to a producer
that reflects the repayment of a
balance owed by the producer to
the packer, or the accumulation
of a balance to later be repaid
by the packer to the producer,
less all discounts; by
``(bb) the total carcass
weight (in hundred pound
increments) of the swine;
``(III) information concerning the
lowest net price, which shall be equal
to the lowest net price paid for a
single lot or a group of swine
slaughtered at a packing plant during
the applicable reporting period per
hundred pounds of carcass weight of
swine;
``(IV) information concerning the
highest net price, which shall be equal
to the highest net price paid for a
single lot or group of swine slaughtered
at a packing plant during the applicable
reporting
[[Page 113 STAT. 1198]]
period per hundred pounds of carcass
weight of swine;
``(V) the average carcass weight,
which shall be equal to the quotient
obtained by dividing--
``(aa) the total carcass
weight of the swine slaughtered
at the packing plant during the
applicable reporting period; by
``(bb) the number of the
swine described in item (aa),
adjusted for special slaughter
situations (such as skinning or foot
removal), as the Secretary determines
necessary to render comparable carcass
weights;
``(VI) the average sort loss, which
shall be equal to the average discount
(in dollars per hundred pounds carcass
weight) for swine slaughtered during the
applicable reporting period, resulting
from the fact that the swine did not
fall within the individual packer's
established carcass weight or lot
variation range;
``(VII) the average backfat, which
shall be equal to the average of the
backfat thickness (in inches) measured
between the third and fourth from the
last ribs, 7 centimeters from the
carcass split (or adjusted from the
individual packer's measurement to that
reference point using an adjustment made
by the Secretary) of the swine
slaughtered during the applicable
reporting period;
``(VIII) the average lean
percentage, which shall be equal to the
average percentage of the carcass weight
comprised of lean meat for the swine
slaughtered during the applicable
reporting period, except that when a
packer is required to report the average
lean percentage under this subclause,
the packer shall make available to the
Secretary the underlying data,
applicable methodology and formulae, and
supporting materials used to determine
the average lean percentage, which the
Secretary may convert to the carcass
measurements or lean percentage of the
swine of the individual packer to
correlate to a common percent lean
measurement; and
``(IX) the total slaughter quantity,
which shall be equal to the total number
of swine slaughtered during the
applicable reporting period, including
all types of purchases and packer-owned
swine; and
``(iii) packer purchase commitments, which
shall be equal to the number of swine scheduled
for delivery to a packer for slaughter for each of
the next 14 calendar days.
``(D) Publication.--
The <<NOTE: Deadline.>> Secretary shall publish the
information obtained under this paragraph in a prior day
report not later than 8:00 a.m. Central Time on the
reporting day on which the information is received from
the packer.
``(2) Morning report.--
[[Page 113 STAT. 1199]]
``(A) In <<NOTE: Deadline.>> general.--The corporate
officers or officially designated representatives of
each packer processing plant shall report to the
Secretary not later than 10:00 a.m. Central Time each
reporting day--
``(i) the packer's best estimate of the total
number of swine, and packer-owned swine, expected
to be purchased throughout the reporting day
through each type of purchase;
``(ii) the total number of swine, and packer-
owned swine, purchased up to that time of the
reporting day through each type of purchase;
``(iii) the base price paid for all base
market hogs purchased up to that time of the
reporting day through negotiated purchases; and
``(iv) the base price paid for all base market
hogs purchased through each type of purchase other
than negotiated purchase up to that time of the
reporting day, unless such information is
unavailable due to pricing that is determined on a
delayed basis.
``(B) Publication.--
The <<NOTE: Deadline.>> Secretary shall publish the
information obtained under this paragraph in the morning
report as soon as practicable, but not later than 11:00
a.m. Central Time, on each reporting day.
``(3) Afternoon report.--
``(A) In <<NOTE: Deadline.>> general.--The corporate
officers or officially designated representatives of
each packer processing plant shall report to the
Secretary not later than 2:00 p.m. Central Time each
reporting day--
``(i) the packer's best estimate of the total
number of swine, and packer-owned swine, expected
to be purchased throughout the reporting day
through each type of purchase;
``(ii) the total number of swine, and packer-
owned swine, purchased up to that time of the
reporting day through each type of purchase;
``(iii) the base price paid for all base
market hogs purchased up to that time of the
reporting day through negotiated purchases; and
``(iv) the base price paid for all base market
hogs purchased up to that time of the reporting
day through each type of purchase other than
negotiated purchase, unless such information is
unavailable due to pricing that is determined on a
delayed basis.
``(B) Publication.--
The <<NOTE: Deadline.>> Secretary shall publish the
information obtained under this paragraph in the
afternoon report as soon as practicable, but not later
than 3:00 p.m. Central Time, on each reporting day.
``(d) Weekly Noncarcass Merit Premium Report.--
``(1) In <<NOTE: Deadline.>> general.--Not later than 4:00
p.m. Central Time on the first reporting day of each week, the
corporate officers or officially designated representatives of
each packer processing plant shall report to the Secretary a
noncarcass merit premium report that lists--
``(A) each category of standard noncarcass merit
premiums used by the packer in the prior slaughter week;
and
[[Page 113 STAT. 1200]]
``(B) the amount (in dollars per hundred pounds of
carcass weight) paid to producers by the packer, by
category.
``(2) Premium list.--A packer shall maintain and make
available to a producer, on request, a current listing of the
dollar values (per hundred pounds of carcass weight) of each
noncarcass merit premium used by the packer during the current
or the prior slaughter week.
``(3) Availability.--A packer shall not be required to pay a
listed noncarcass merit premium to a producer that meets the
requirements for the premium if the need for swine in a given
category is filled at a particular point in time.
``(4) Publication.--The <<NOTE: Deadline.>> Secretary shall
publish the information obtained under this subsection as soon
as practicable, but not later than 5:00 p.m. Central Time, on
the first reporting day of each week.
``CHAPTER 4--LAMB REPORTING
``SEC. 241. <<NOTE: 7 USC 1635m.>> MANDATORY REPORTING FOR LAMBS.
``(a) Establishment.--The Secretary may establish a program of
mandatory lamb price information reporting that will--
``(1) provide timely, accurate, and reliable market
information;
``(2) facilitate more informed marketing decisions; and
``(3) promote competition in the lamb slaughtering industry.
``(b) Notice and Comment.--If the Secretary establishes a mandatory
price reporting program under subsection (a), the Secretary shall
provide an opportunity for comment on proposed regulations to establish
the program during the 30-day period beginning on the date of the
publication of the proposed regulations.
``CHAPTER 5--ADMINISTRATION
``SEC. 251. <<NOTE: 7 USC 1636.>> GENERAL PROVISIONS.
``(a) Confidentiality.--The Secretary shall make available to the
public information, statistics, and documents obtained from, or
submitted by, packers, retail entities, and other persons under this
subtitle in a manner that ensures that confidentiality is preserved
regarding--
``(1) the identity of persons, including parties to a
contract; and
``(2) proprietary business information.
``(b) Disclosure by Federal Government Employees.--
``(1) In general.--Subject to paragraph (2), no officer,
employee, or agent of the United States shall, without the
consent of the packer or other person concerned, divulge or make
known in any manner, any facts or information regarding the
business of the packer or other person that was acquired through
reporting required under this subtitle.
``(2) Exceptions.--Information obtained by the Secretary
under this subtitle may be disclosed--
``(A) to agents or employees of the Department of
Agriculture in the course of their official duties under
this subtitle;
``(B) as directed by the Secretary or the Attorney
General, for enforcement purposes; or
[[Page 113 STAT. 1201]]
``(C) by a court of competent jurisdiction.
``(3) Disclosure under freedom of information act.--
Notwithstanding any other provision of law, no facts or
information obtained under this subtitle shall be disclosed in
accordance with section 552 of title 5, United States Code.
``(c) Reporting by Packers.--A packer shall report all information
required under this subtitle on an individual lot basis.
``(d) Regional <<NOTE: Public information.>> Reporting and
Aggregation.--The Secretary shall make information obtained under this
subtitle available to the public only in a manner that--
``(1) ensures that the information is published on a
national and a regional or statewide basis as the Secretary
determines to be appropriate;
``(2) ensures that the identity of a reporting person is not
disclosed; and
``(3) conforms to aggregation guidelines established by the
Secretary.
``(e) Adjustments.--Prior to the publication of any information
required under this subtitle, the Secretary may make reasonable
adjustments in information reported by packers to reflect price
aberrations or other unusual or unique occurrences that the Secretary
determines would distort the published information to the detriment of
producers, packers, or other market participants.
``(f ) Verification.--The Secretary shall take such actions as the
Secretary considers necessary to verify the accuracy of the information
submitted or reported under chapter 2, 3, or 4.
``(g) Electronic Reporting and Publishing.--The Secretary shall, to
the maximum extent practicable, provide for the reporting and publishing
of the information required under this subtitle by electronic means.
``(h) Reporting of Activities on Weekends and Holidays.--
``(1) In general.--Livestock committed to a packer, or
purchased, sold, or slaughtered by a packer, on a weekend day or
holiday shall be reported by the packer to the Secretary (to the
extent required under this subtitle), and reported by the
Secretary, on the immediately following reporting day.
``(2) Limitation on reporting by packers.--A packer shall
not be required to report actions under paragraph (1) more than
once on the immediately following reporting day.
``(i) Effect on Other Laws.--Nothing in this subtitle, the Livestock
Mandatory Reporting Act of 1999, or amendments made by that Act
restricts or modifies the authority of the Secretary to--
``(1) administer or enforce the Packers and Stockyards Act,
1921 (7 U.S.C. 181 et seq.);
``(2) administer, enforce, or collect voluntary reports
under this title or any other law; or
``(3) access documentary evidence as provided under sections
9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 50).
``SEC. 252. <<NOTE: 7 USC 1636a.>> UNLAWFUL ACTS.
``It shall be unlawful and a violation of this subtitle for any
packer or other person subject to this subtitle (in the submission of
information required under chapter 2, 3, or 4, as determined by the
Secretary) to willfully--
[[Page 113 STAT. 1202]]
``(1) fail or refuse to provide, or delay the timely
reporting of, accurate information to the Secretary (including
estimated information);
``(2) solicit or request that a packer, the buyer or seller
of livestock or livestock products, or any other person fail to
provide, as a condition of any transaction, accurate or timely
information required under this subtitle;
``(3) fail or refuse to comply with this subtitle; or
``(4) report estimated information in any report required
under this subtitle in a manner that demonstrates a pattern of
significant variance in accuracy when compared to the actual
information that is reported for the same reporting period, or
as determined by any audit, oversight, or other verification
procedures of the Secretary.
``SEC. 253. <<NOTE: 7 USC 1636b.>> ENFORCEMENT.
``(a) Civil Penalty.--
``(1) In general.--Any packer or other person that violates
this subtitle may be assessed a civil penalty by the Secretary
of not more than $10,000 for each violation.
``(2) Continuing violation.--Each day during which a
violation continues shall be considered to be a separate
violation.
``(3) Factors.--In determining the amount of a civil penalty
to be assessed under paragraph (1), the Secretary shall consider
the gravity of the offense, the size of the business involved,
and the effect of the penalty on the ability of the person that
has committed the violation to continue in business.
``(4) Multiple violations.--In determining whether to assess
a civil penalty under paragraph (1), the Secretary shall
consider whether a packer or other person subject to this
subtitle has engaged in a pattern of errors, delays, or
omissions in violation of this subtitle.
``(b) Cease and Desist.--In addition to, or in lieu of, a civil
penalty under subsection (a), the Secretary may issue an order to cease
and desist from continuing any violation.
``(c) Notice and Hearing.--No penalty shall be assessed, or cease
and desist order issued, by the Secretary under this section unless the
person against which the penalty is assessed or to which the order is
issued is given notice and opportunity for a hearing before the
Secretary with respect to the violation.
``(d) Finality and Judicial Review.--
``(1) In general.--The order of the Secretary assessing a
civil penalty or issuing a cease and desist order under this
section shall be final and conclusive unless the affected person
files an appeal of the order of the Secretary in United States
district court not later than 30 days after the date of the
issuance of the order.
``(2) Standard of review.--A finding of the Secretary under
this section shall be set aside only if the finding is found to
be unsupported by substantial evidence.
``(e) Enforcement.--
``(1) In general.--If, after the lapse of the period allowed
for appeal or after the affirmance of a penalty assessed under
this section, the person against which the civil penalty is
assessed fails to pay the penalty, the Secretary may refer
[[Page 113 STAT. 1203]]
the matter to the Attorney General who may recover the penalty
by an action in United States district court.
``(2) Finality.--In the action, the final order of the
Secretary shall not be subject to review.
``(f ) Injunction or Restraining Order.--
``(1) In general.--If the Secretary has reason to believe
that any person subject to this subtitle has failed or refused
to provide the Secretary information required to be reported
pursuant to this subtitle, and that it would be in the public
interest to enjoin the person from further failure to comply
with the reporting requirements, the Secretary may notify the
Attorney General of the failure.
``(2) Attorney general.--The Attorney General may apply to
the appropriate district court of the United States for a
temporary or permanent injunction or restraining order.
``(3) Court.--When needed to carry out this subtitle, the
court shall, on a proper showing, issue a temporary injunction
or restraining order without bond.
``(g) Failure To Obey Orders.--
``(1) In general.--If a person subject to this subtitle
fails to obey a cease and desist or civil penalty order issued
under this subsection after the order has become final and
unappealable, or after the appropriate United States district
court has entered a final judgment in favor of the Secretary,
the United States may apply to the appropriate district court
for enforcement of the order.
``(2) Enforcement.--If the court determines that the order
was lawfully made and duly served and that the person violated
the order, the court shall enforce the order.
``(3) Civil penalty.--If the court finds that the person
violated the cease and desist provisions of the order, the
person shall be subject to a civil penalty of not more than
$10,000 for each offense.
``SEC. 254. <<NOTE: 7 USC 1636c.>> FEES.
``The Secretary shall not charge or assess a user fee, transaction
fee, service charge, assessment, reimbursement, or any other fee for the
submission or reporting of information, for the receipt or availability
of, or access to, published reports or information, or for any other
activity required under this subtitle.
``SEC. 255. <<NOTE: 7 USC 1636d.>> RECORDKEEPING.
``(a) In General.--Subject to subsection (b), each packer required
to report information to the Secretary under this subtitle shall
maintain, and make available to the Secretary on request, for 2 years--
``(1) the original contracts, agreements, receipts and other
records associated with any transaction relating to the
purchase, sale, pricing, transportation, delivery, weighing,
slaughter, or carcass characteristics of all livestock; and
``(2) such records or other information as is necessary or
appropriate to verify the accuracy of the information required
to be reported under this subtitle.
``(b) Limitations.--Under subsection (a)(2), the Secretary may not
require a packer to provide new or additional information if--
``(1) the information is not generally available or
maintained by packers; or
[[Page 113 STAT. 1204]]
``(2) the provision of the information would be unduly
burdensome.
``(c) Purchases of Cattle or Swine.--A record of a purchase of a lot
of cattle or a lot of swine by a packer shall evidence whether the
purchase occurred--
``(1) before 10:00 a.m. Central Time;
``(2) between 10:00 a.m. and 2:00 p.m. Central Time; or
``(3) after 2:00 p.m. Central Time.
``SEC. 256. <<NOTE: 7 USC 1636e.>> VOLUNTARY REPORTING.
``The Secretary shall encourage voluntary reporting by packers (as
defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C.
191)) to which the mandatory reporting requirements of this subtitle do
not apply.
``SEC. 257. <<NOTE: Records. 16 USC 1636f.>> PUBLICATION OF INFORMATION
ON RETAIL PURCHASE PRICES FOR REPRESENTATIVE MEAT PRODUCTS.
``(a) In General.--Beginning <<NOTE: Effective date.>> not later
than 90 days after the date of the enactment of this subtitle, the
Secretary shall compile and publish at least monthly (weekly, if
practicable) information on retail prices for representative food
products made from beef, pork, chicken, turkey, veal, or lamb.
``(b) Information.--The report published by the Secretary under
subsection (a) shall include--
``(1) information on retail prices for each representative
food product described in subsection (a); and
``(2) information on total sales quantity (in pounds and
dollars) for each representative food product.
``(c) Meat Price Spreads Report.--During the period ending 2 years
after the initial publication of the report required under subsection
(a), the Secretary shall continue to publish the Meat Price Spreads
Report in the same manner as the Report was published before the date of
the enactment of this subtitle.
``(d) Information Collection.--
``(1) In general.--To ensure the accuracy of the reports
required under subsection (a), the Secretary shall obtain the
information for the reports from one or more sources including--
``(A) a consistently representative set of retail
transactions; and
``(B) both prices and sales quantities for the
transactions.
``(2) Source of information.--The Secretary may--
``(A) obtain the information from retailers or
commercial information sources; and
``(B) use valid statistical sampling procedures, if
necessary.
``(3) Adjustments.--In providing information on retail
prices under this section, the Secretary may make adjustments to
take into account differences in--
``(A) the geographic location of consumption;
``(B) the location of the principal source of
supply;
``(C) distribution costs; and
``(D) such other factors as the Secretary determines
reflect a verifiable comparative retail price for a
representative food product.
``(e) Administration.--The Secretary--
[[Page 113 STAT. 1205]]
``(1) shall collect information under this section only on a
voluntary basis; and
``(2) shall not impose a penalty on a person for failure to
provide the information or otherwise compel a person to provide
the information.
``SEC. 258. <<NOTE: 7 USC 1636g.>> SUSPENSION AUTHORITY REGARDING
SPECIFIC TERMS OF PRICE REPORTING REQUIREMENTS.
``(a) In General.--The Secretary may suspend any requirement of this
subtitle if the Secretary determines that application of the requirement
is inconsistent with the purposes of this subtitle.
``(b) Suspension Procedure.--
``(1) Period.--A suspension under subsection (a) shall be
for a period of not more than 240 days.
``(2) Action by congress.--If an Act of Congress concerning
the requirement that is the subject of the suspension under
subsection (a) is not enacted by the end of the period of the
suspension established under paragraph (1), the Secretary shall
implement the requirement.
``SEC. 259. <<NOTE: 7 USC 1636h.>> FEDERAL PREEMPTION.
``In order to achieve the goals, purposes, and objectives of this
title on a nationwide basis and to avoid potentially conflicting State
laws that could impede the goals, purposes, or objectives of this title,
no State or political subdivision of a State may impose a requirement
that is in addition to, or inconsistent with, any requirement of this
subtitle with respect to the submission or reporting of information, or
the publication of such information, on the prices and quantities of
livestock or livestock products.''.
SEC. 912. <<NOTE: 7 USC 1635 note.>> UNJUST DISQUALIFICATION.
Section 202(b) of the Packers and Stockyards Act, 1921 (7 U.S.C.
192(b)), is amended by striking ``whatsoever'' each place it appears.
SEC. 913. <<NOTE: 7 USC 1635 note.>> CONFORMING AMENDMENTS.
(a) Section 416 of the Packers and Stockyards Act, 1921 (7 U.S.C.
229a), is repealed.
(b) Section 1127 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 1999 (7
U.S.C. 1421 note; Public Law 105-277), is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Export Market Reporting.--The Secretary shall--
``(1) implement a streamlined electronic system for
collecting export sales and shipments data, in the least
intrusive manner possible, for fresh or frozen muscle cuts of
meat food products; and
``(2) develop a data-reporting program to disseminate
summary information in a timely manner (in the case of beef,
consistent with the reporting under section 602(a) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))).''; and
(2) in subsection (c), by striking ``this section of the
Act'' and inserting ``subsection (b)''.
[[Page 113 STAT. 1206]]
Subtitle B--Related Beef Reporting Provisions
SEC. 921. <<NOTE: 7 USC 1635 note.>> BEEF EXPORT REPORTING.
Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C.
5712(a)(1)) is amended by inserting ``, beef,'' after ``cotton''.
SEC. 922. <<NOTE: 7 USC 1635 note.>> EXPORT CERTIFICATES FOR MEAT AND
MEAT FOOD PRODUCTS.
Not <<NOTE: Deadline.>> later than 1 year after the date of the
enactment of this Act, the Secretary of Agriculture shall fully
implement a program, through the use of a streamlined electronic online
system, to issue and report export certificates for all meat and meat
products.
SEC. 923. <<NOTE: 7 USC 1635 note.>> IMPORTS OF BEEF, BEEF VARIETY
MEATS, AND CATTLE.
(a) In General.--The Secretary of Agriculture shall--
(1) obtain information regarding the import of beef and beef
variety meats (consistent with the information categories
reported for beef exports under section 602(a) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle
using available information sources; and
(2) <<NOTE: Publication.>> publish the information in a
timely manner weekly and in a form that maximizes the utility of
the information to beef producers, packers, and other market
participants.
(b) Content.--The published information shall include information
reporting the year-to-date cumulative annual imports of beef, beef
variety meats, and cattle for the current and prior marketing years.
SEC. 924. <<NOTE: 7 USC 1635 note.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out sections 922 and 923.
Subtitle C--Related Swine Reporting Provisions
SEC. 931. <<NOTE: 7 USC 1635 note. Publication.>> IMPROVEMENT OF HOGS
AND PIGS INVENTORY REPORT.
(a) In <<NOTE: Effective date.>> General.--Effective beginning not
later than 90 days after the date of the enactment of this Act, the
Secretary of Agriculture shall publish on a monthly basis the Hogs and
Pigs Inventory Report.
(b) Gestating Sows.--The Secretary shall include in a separate
category of the Report the number of bred female swine that are assumed,
or have been confirmed, to be pregnant during the reporting period.
(c) Phase-Out.--Effective for a period of eight quarters after the
implementation of the monthly report required under subsection (a), the
Secretary shall continue to maintain and publish on a quarterly basis
the Hogs and Pigs Inventory Report published on or before the date of
the enactment of this Act.
SEC. 932. <<NOTE: Records. 7 USC 1635 note.>> BARROW AND GILT SLAUGHTER.
(a) In General.--The Secretary of Agriculture shall promptly obtain
and maintain, through an appropriate collection system or valid sampling
system at packing plants, information on the total
[[Page 113 STAT. 1207]]
slaughter of swine that reflects differences in numbers between barrows
and gilts, as determined by the Secretary.
(b) Availability.--The <<NOTE: Publication.>> information shall be
made available to swine producers, packers, and other market
participants in a report published by the Secretary not less frequently
than weekly.
(c) Administration.--
(1) In general.--The Secretary shall administer the
collection and compilation of information, and the publication
of the report, required by this section.
(2) Nondelegation.--The Secretary shall not delegate the
collection, compilation, or administration of the information
required by this section to any packer (as defined in section
201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)).
SEC. 933. <<NOTE: 7 USC 1635 note.>> AVERAGE TRIM LOSS CORRELATION STUDY
AND REPORT.
(a) In <<NOTE: Contracts.>> General.--The Secretary of Agriculture
shall contract with a qualified contractor to conduct a correlation
study and prepare a report establishing a baseline and standards for
determining and improving average trim loss measurements and processing
techniques for pork processors to employ in the slaughter of swine.
(b) Correlation Study and Report.--The study and report shall--
(1) analyze processing techniques that would assist the pork
processing industry in improving procedures for uniformity and
transparency in how trim loss is discounted (in dollars per
hundred pounds carcass weight) by different packers and
processors;
(2) analyze slaughter inspection procedures that could be
improved so that trimming procedures and policies of the
Secretary are uniform to the maximum extent determined
practicable by the Secretary;
(3) determine how the Secretary may be able to foster
improved breeding techniques and animal handling and
transportation procedures through training programs made
available to swine producers so as to minimize trim loss in
slaughter processing; and
(4) make recommendations that are designed to effect changes
in the pork industry so as to achieve continuous improvement in
average trim losses and discounts.
(c) Subsequent Reports on Status of Improvements and Updates in
Baseline.--Not less frequently than once every 2 years after the initial
publication of the report required under this section, the Secretary
shall make subsequent periodic reports that--
(1) examine the status of the improvement in reducing trim
loss discounts in the pork processing industry; and
(2) update the baseline to reflect changes in trim loss
discounts.
(d) Submission of Reports to Congress, Producers, Packers, and
Others.--The reports required under this section shall be made available
to--
(1) <<NOTE: Public information.>> the public on the
Internet;
(2) the Committee on Agriculture of the House of
Representatives;
(3) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
(4) producers and packers; and
(5) other market participants.
[[Page 113 STAT. 1208]]
SEC. 934. SWINE PACKER MARKETING CONTRACTS.
Title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 191 et
seq.) is amended--
(1) by inserting before section 201 (7 U.S.C. 191) the
following:
``Subtitle A--General Provisions'';
and
(2) by adding at the end the following:
``Subtitle B--Swine Packer Marketing Contracts
``SEC. 221. <<NOTE: 7 USC 198.>> DEFINITIONS.
``Except as provided in section 223(a), in this subtitle:
``(1) Market.--The term `market' means the sale or
disposition of swine, pork, or pork products in commerce.
``(2) Packer.--The term `packer' has the meaning given the
term in section 231 of the Agricultural Marketing Act of 1946.
``(3) Pork.--The term `pork' means the meat of a porcine
animal.
``(4) Pork product.--The term `pork product' means a product
or byproduct produced or processed in whole or in part from
pork.
``(5) State.--The term `State' means each of the 50 States.
``(6) Swine.--The term `swine' means a porcine animal raised
to be a feeder pig, raised for seedstock, or raised for
slaughter.
``(7) Type of contract.--The term `type of contract' means
the classification of contracts or risk management agreements
for the purchase of swine by--
``(A) the mechanism used to determine the base price
for swine committed to a packer, grouped into
practicable classifications by the Secretary (including
swine or pork market formula purchases, other market
formula purchases, and other purchase arrangements); and
``(B) the presence or absence of an accrual account
or ledger that must be repaid by the producer or packer
that receives the benefit of the contract pricing
mechanism in relation to negotiated prices.
``(8) Other terms.--Except as provided in this subtitle, a
term has the meaning given the term in section 212 or 231 of the
Agricultural Marketing Act of 1946.
``SEC. 222. <<NOTE: 7 USC 198a.>> SWINE PACKER MARKETING CONTRACTS
OFFERED TO PRODUCERS.
``(a) In <<NOTE: Records.>> General.--Subject to the availability of
appropriations to carry out this section, the Secretary shall establish
and maintain a library or catalog of each type of contract offered by
packers to swine producers for the purchase of all or part of the
producers' production of swine (including swine that are purchased or
committed for delivery), including all available noncarcass merit
premiums.
[[Page 113 STAT. 1209]]
``(b) Availability.--The Secretary shall make available to swine
producers and other interested persons information on the types of
contracts described in subsection (a), including notice (on a real-time
basis if practicable) of the types of contracts that are being offered
by each individual packer to, and are open to acceptance by, producers
for the purchase of swine.
``(c) Confidentiality.--The reporting requirements under subsections
(a) and (b) shall be subject to the confidentiality protections provided
under section 251 of the Agricultural Marketing Act of 1946.
``(d) Information Collection.--
``(1) In general.--The Secretary shall--
``(A) obtain (by a filing or other procedure
required of each individual packer) information
indicating what types of contracts for the purchase of
swine are available from each packer; and
``(B) make the information available in a monthly
report to swine producers and other interested persons.
``(2) Contracted <<NOTE: Publication.>> swine numbers.--Each
packer shall provide, and the Secretary shall collect and
publish in the monthly report required under paragraph (1)(B),
information specifying--
``(A) the types of existing contracts for each
packer;
``(B) the provisions contained in each contract that
provide for expansion in the numbers of swine to be
delivered under the contract for the following 6-month
and 12-month periods;
``(C) an estimate of the total number of swine
committed by contract for delivery to all packers within
the 6-month and 12-month periods following the date of
the report, reported by reporting region and by type of
contract; and
``(D) an estimate of the maximum total number of
swine that potentially could be delivered within the 6-
month and 12-month periods following the date of the
report under the provisions described in subparagraph
(B) that are included in existing contracts, reported by
reporting region and by type of contract.
``(e) Violations.--It shall be unlawful and a violation of this
title for any packer to willfully fail or refuse to provide to the
Secretary accurate information required under, or to willfully fail or
refuse to comply with any requirement of, this section.
``(f ) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.
``SEC. 223. <<NOTE: 7 USC 198b.>> REPORT ON THE SECRETARY'S
JURISDICTION, POWER, DUTIES, AND AUTHORITIES.
``(a) Definition of Packer.--In this section, the term `packer' has
the meaning given the term in section 201 of the Packers and Stockyards
Act, 1921 (7 U.S.C. 191).
``(b) Report.--Not <<NOTE: Deadline.>> later than 90 days after the
date of the enactment of this subtitle, the Comptroller General of the
United States shall provide to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the jurisdiction, powers,
duties, and authorities of the Secretary that relate to packers and
other persons involved in procuring, slaughtering, or
[[Page 113 STAT. 1210]]
processing swine, pork, or pork products that are covered by this Act
and other laws, including--
``(1) the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), especially sections 6, 8, 9, and 10 of that Act (15
U.S.C. 46, 48, 49, and 50); and
``(2) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.).
``(c) Contents.--The Comptroller General shall include in the report
an analysis of--
``(1) burdens on and obstructions to commerce in swine,
pork, and pork products by packers, and other persons that enter
into arrangements with the packers, that are contrary to, or do
not protect, the public interest;
``(2) noncompetitive pricing arrangements between or among
packers, or other persons involved in the processing,
distribution, or sale of pork and pork products, including
arrangements provided for in contracts for the purchase of
swine;
``(3) the effective monitoring of contracts entered into
between packers and swine producers;
``(4) investigations that relate to, and affect, the
disclosure of--
``(A) transactions involved in the business conduct
and practices of packers; and
``(B) the pricing of swine paid to producers by
packers and the pricing of products in the pork and pork
product merchandising chain;
``(5) the adequacy of the authority of the Secretary to
prevent a packer from unjustly or arbitrarily refusing to offer
a producer, or disqualifying a producer from eligibility for, a
particular contract or type of contract for the purchase of
swine; and
``(6) the ability of the Secretary to cooperate with and
enhance the enforcement of actions initiated by other Federal
departments and agencies, or Federal independent agencies, to
protect trade and commerce in the pork and pork product
industries against unlawful restraints and monopolies.''.
SEC. 935. <<NOTE: 7 USC 1635 note.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle and the amendments made by this subtitle.
Subtitle D--Implementation
SEC. 941. <<NOTE: Deadline. Publication. 7 USC 1635 note.>> REGULATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall publish final
regulations to implement this title and the amendments made by this
title.
(b) Publication of Proposed Regulations.--Not later than 90 days
after the date of the enactment of this Act, the Secretary shall publish
proposed regulations to implement this title and the amendments made by
this title.
(c) Comment Period.--The Secretary shall provide an opportunity for
comment on the proposed regulations during the 30-
[[Page 113 STAT. 1211]]
day period beginning on the date of the publication of the proposed
regulations.
(d) Final Regulations.--Not later than 60 days after the conclusion
of the comment period, the Secretary shall publish the final regulations
and implement this title and the amendments made by this title.
SEC. 942. <<NOTE: 7 USC 1635 note.>> TERMINATION OF AUTHORITY.
The authority provided by this title and the amendments made by this
title terminate 5 years after the date of the enactment of this Act.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2000''.
Approved October 22, 1999.
LEGISLATIVE HISTORY--H.R. 1906 (S. 1233):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 106-157 (Comm. on Appropriations) and 106-354 (Comm.
of Conference).
SENATE REPORTS: No. 106-80 accompanying S. 1233 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 145 (1999):
May 25, 26, June 8, considered and passed House.
Aug. 4, considered and passed Senate, amended, in lieu of S.
1233.
Oct. 1, House agreed to conference report.
Oct. 7, 12, 13, Senate considered and agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Oct. 22, Presidential statement.
<all>