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[DOCID: f:h3603enr.txt]
H.R.3603
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 1997, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this amount,
along with any unobligated balances of representation funds in the
Foreign Agricultural Service shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary: Provided, That none of the funds appropriated or
otherwise made available by this Act may be used to pay the salaries
and expenses of personnel of the Department of Agriculture to carry out
section 793(c)(1)(C) of Public Law 104-127: Provided further, That none
of the funds made available by this Act may be used to enforce section
793(d) of Public Law 104-127.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, and the functions of
the World Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of section 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, $4,231,000.
national appeals division
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,718,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $5,000 is for employment under 5 U.S.C. 3109, $5,986,000.
Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not
to exceed $10,000 is for employment under 5 U.S.C. 3109, $4,283,000:
Provided, That the Chief Financial Officer shall actively market cross-
servicing activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded in this
Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for the operation,
maintenance, and repair of Agriculture buildings, $120,548,000:
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. In addition, for construction,
repair, improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the programs of the
Department, where not otherwise provided, $23,505,000, to remain
available until expended; making a total appropriation of $144,053,000.
Hazardous Waste Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended, 42
U.S.C. 9607(g), and section 6001 of the Resource Conservation and
Recovery Act, as amended, 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, $30,529,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration and disaster management of
the Department, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and necessary for the
practical and efficient work of the Department, including employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), of which not to exceed $10,000 is for employment
under 5 U.S.C. 3109: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
in this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,668,000: Provided, That no
other funds appropriated to the Department in this Act shall be
available to the Department for support of activities of congressional
relations: Provided further, That not less than $2,241,000 shall be
transferred to agencies funded in this Act to maintain personnel at the
agency level.
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 th
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e 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, as amended, $63,028,000, including such sums as may be
necessary for contracting and other arrangements withpublic agencies
and private persons pursuant to section 6(a)(9) of the Inspector
General Act of 1978, as amended, including a sum not to exceed $50,000
for employment under 5 U.S.C. 3109; and including a sum not to exceed
$95,000 for certain confidential operational expenses including the
payment of informants, to be expended under the direction of the
Inspector General pursuant to Public Law 95-452 and section 1337 of
Public Law 97-98: Provided, That funds transferred to the Office of the
Inspector General through forfeiture proceedings or from the Department
of Justice Assets Forfeiture Fund or the Department of the Treasury
Forfeiture Fund, as a participating agency, as an equitable share from
the forfeiture of property in investigations in which the Office of the
Inspector General participates, or through the granting of a Petition
for Remission or Mitigation, shall be deposited to the credit of this
account for law enforcement activities authorized under the Inspector
General Act of 1978, as amended, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$27,749,000.
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,
$53,109,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and
improvements, marketing surveys, and the Census of Agriculture
notwithstanding 13 U.S.C. 142(a-b), as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$100,221,000, of which up to $17,500,000 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, $716,826,000: Provided,
That appropriations hereunder shall be available for temporary
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall
be available for employment under 5 U.S.C. 3109: Provided further, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but unless
otherwise provided the cost of constructing any one building shall not
exceed $250,000, except for headhouses or greenhouses which shall each
be limited to $1,000,000, and except for ten buildings to be
constructed or improved at a cost not to exceed $500,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$250,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization
or replacement of existing facilities at Beltsville, Maryland: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the
purpose of establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by law:
Provided further, That all rights and title of the United States in the
property known as the National Agricultural Water Quality Laboratory of
the United States Department of Agriculture, consisting of
approximately 9.161 acres in the city of Durant, Oklahoma, including
facilities and fixed equipment, shall be conveyed to Southeastern
Oklahoma State University.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing
of tobacco or tobacco products.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $69,100,000,
to remain available until expended (7 U.S.C. 2209b): Provided, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing any
research facility of the Agricultural Research Service, as authorized
by law.
Cooperative State Research, Education, and Extension Service
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $168,734,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-361i); $20,497,000 for grants for cooperative
forestry research (16 U.S.C. 582a-582-a7); $27,735,000 for payments to
the 1890 land-grant colleges, including Tuskegee University (7 U.S.C.
3222); $49,767,000 for special grants for agricultural research (7
U.S.C. 450i(c)); $11,769,000 for special grants for agricultural
research on improved pest control (7 U.S.C. 450i(c)); $94,203,000 for
competitive research grants (7 U.S.C. 450i(b)); $4,775,000 for the
support of animal health and disease programs (7 U.S.C. 3195); $650,000
for supplemental and alternative crops and products (7 U.S.C. 3319d);
$500,000 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, as amended (7 U.S.C. 3318), to remain
available until expended; $475,000 for rangeland research grants (7
U.S.C. 3331-3336); $3,000,000 for higher education graduate fellowships
grants (7 U.S.C. 3152(b)(6)), to remain available until expended (7
U.S.C. 2209b); $4,000,000 for higher education challenge grants (7
U.S.C. 3152(b)(1)); $1,000,000 for a higher education minority scholars
program (7 U.S.C. 3152(b)(5)),
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to remain available until expended (7
U.S.C. 2209b); $1,500,000 for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241); $4,000,000 for aquaculture grants
(7 U.S.C. 3322); $8,000,000 for sustainable agriculture research and
education (7 U.S.C. 5811); $9,200,000 for a program of capacity
building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University, to remain available until expended (7
U.S.C. 2209b); $1,450,000 for payments to the 1994 Institutions
pursuant to section 534(a)(1) of Public Law 103-382; and $10,249,000
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, $421,504,000.
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 130-382 (7 U.S.C. 301 note), $4,600,000.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
and for grants to States and other eligible recipients for such
purposes, as necessary to carry out the agricultural research,
extension, and teaching programs of the Department of Agriculture,
where not otherwise provided, $61,591,000, to remain available until
expended (7 U.S.C. 2209b).
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,
as amended, to be distributed under sections 3(b) and 3(c) of said Act,
and under section 208(c) of Public Law 93-471, for retirement and
employees' compensation costs for extension agents and for costs of
penalty mail for cooperative extension agents and State extension
directors, $268,493,000; $2,000,000 for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)); payments
for the nutrition and family education program for low-income areas
under section 3(d) of the Act, $58,695,000; payments for the pest
management program under section 3(d) of the Act, $10,783,000; payments
for the farm safety program under section 3(d) of the Act, $2,855,000;
payments for the pesticide impact assessment program under section 3(d)
of the Act, $3,214,000; payments to upgrade 1890 land-grant college
research, extension, and teaching facilities as authorized by section
1447 of Public Law 95-113, as amended (7 U.S.C. 3222b), $7,549,000, to
remain available until expended; payments for the rural development
centers under section 3(d) of the Act, $908,000; payments for a
groundwater quality program under section 3(d) of the Act, $10,733,000;
payments for the agricultural telecommunications program, as authorized
by Public Law 101-624 (7 U.S.C. 5926), $1,167,000; payments for youth-
at-risk programs under section 3(d) of the Act, $9,554,000; payments
for a food safety program under section 3(d) of theAct, $2,365,000;
payments for carrying out the provisions of the Renewable Resources
Extension Act of 1978, $3,192,000; payments for Indian reservation
agents under section 3(d) of the Act, $1,672,000; payments for
sustainable agriculture programs under section 3(d) of the Act,
$3,309,000; payments for rural health and safety education as
authorized by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note,
2662), $2,628,000; payments for cooperative extension work by the
colleges receiving the benefits of the second Morrill Act (7 U.S.C.
321-326, 328) and Tuskegee University, $24,337,000; and for Federal
administration and coordination including administration of the Smith-
Lever Act, as amended, and the Act of September 29, 1977 (7 U.S.C. 341-
349), as amended, 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, $12,066,000; in all, $425,520,000: 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, as amended, shall
not be paid to any State, the District of Columbia, Puerto Rico, Guam,
or the Virgin Islands, Micronesia, Northern Marianas, and American
Samoa prior to availability of an equal sum from non-Federal sources
for expenditure during the current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Assistant
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service, 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, as amended (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,
$434,909,000, of which $4,500,000 shall be available for the control of
outbreaks of insects, plant diseases, animal diseases and for control
of pest animals and birds to the extent necessary to meet emergency
conditions: Provided, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current fiscal
year that does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be
available for field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $40,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided further,
That, in addition, in emergencies which threaten any segment of the
agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies
or corporations of the Department such sums as he may deem necessary,
to be available only in such emergencies for the arrest and eradication
of contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with the Act of February 28,
1947, as amended, and section 102 of the Act of September 21, 1944, as
amended, 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 1997 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 structur
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ed 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
1997, $98,000,000 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, $3,200,000, 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 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,
$38,507,000, including funds for the wholesale market development
program for the design and development of wholesale and farmer market
facilities for the major metropolitan areas of the country: Provided,
That this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $59,012,000 (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 $10,576,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937, as amended, 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, as amended, 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, as amended,
including field employment pursuant to section 706(a) of the Organic
Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment
under 5 U.S.C. 3109, $23,128,000: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
inspection and weighing services
limitation on inspection and weighing service expenses
Not to exceed $43,207,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Appropriations Committees.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the
Congress for the Food Safety and Inspection Service, $446,000.
Food Safety and Inspection Service
For necessary expenses to carry on services authorized by the
Federal Meat Inspection Act, as amended, the Poultry Products
Inspection Act, as amended, and the Egg Products Inspection Act, as
amended, $574,000,000, and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory
accreditation as authorized by section 1017 of Public Law 102-237:
Provided, That this 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 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, Foreign
Agricultural Service, 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,
$746,440,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to
and merged with this account: Provided further, That these funds shall
be available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$1,000,000 shall be available for employment under 5 U.S.C. 3109.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $2,000,000.
dairy indemnity program
(including transfers of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government,
and in making indemnity p
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ayments 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, as amended (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, $100,000, to
remain available until expended (7 U.S.C. 2209b): Provided, That none
of the funds contained in this Act shall be used to make indemnity
payments to any farmer whose milk was removed from commercial markets
as a result of his willful failure to follow procedures prescribed by
the Federal Government: Provided further, That this amount shall be
transferred to the Commodity Credit Corporation: Provided further, That
the Secretary is authorized to utilize the services, facilities, and
authorities of the Commodity Credit Corporation for the purpose of
making dairy indemnity disbursements.
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),
$1,000,000, to remain available until expended.
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, $600,000,000, of which $550,000,000 shall be for
guaranteed loans; operating loans, $2,345,071,000, of which
$1,700,000,000 shall be for unsubsidized guaranteed loans and
$200,000,000 shall be for subsidized guaranteed loans; Indian tribe
land acquisition loans as authorized by 25 U.S.C. 488, $1,000,000; for
emergency insured loans, $25,000,000 to meet the needs resulting from
natural disasters; for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $34,653,000; and for credit sales of
acquired property, $25,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $27,975,000, of which
$22,055,000 shall be for guaranteed loans; operating loans,
$96,840,000, of which $19,210,000 shall be for unsubsidized guaranteed
loans and $18,480,000 shall be for subsidized guaranteed loans; Indian
tribe land acquisition loans as authorized by 25 U.S.C. 488, $54,000;
for emergency insured loans, $6,365,000 to meet the needs resulting
from natural disasters for boll weevil eradication program loans as
authorized by 7 U.S.C. 1989, $499,000; and for credit sales of acquired
property, $2,530,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $221,046,000, of which
$208,446,000 shall be transferred to and merged with the ``Farm Service
Agency, Salaries and Expenses'' account.
Office of Risk Management
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 authroized 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 amended, 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, as amended, 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 1997, such sums as may be necessary to reimburse
the Commodity Credit Corporation for net realized losses sustained, but
not previously reimbursed (estimated to be $1,500,000,000 in the
President's fiscal year 1997 Budget Request (H. Doc. 104-162)), but not
to exceed $1,500,000,000, pursuant to section 2 of the Act of August
17, 1961, as amended (15 U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 1997, 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, as amended, 42 U.S.C. 9607(g), and
section 6001 of the Resource Conservation and Recovery Act, as amended,
42 U.S.C. 6961: Provided, That expenses shall be for operations and
maintenance costs only and that other hazardous waste management costs
shall be paid for by the USDA Hazardous Waste Management appropriation
in this Act.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural
Resources Conservation Service, $693,000.
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-590f) 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,
$619,742,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,835,000 is for snow survey and water forecasting
and not less than $8,825,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for construction and improvement
of buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal
land, that the right to use such land is obtained as provided in 7
U.S.C. 2250a: Provided further, That this appropriation shall be
available for technical assistance and related expenses to carry out
programs authorized by section 202(c) of title II of the Colorado River
Basin Salinity Control Act of 1974, as amended (43 U.S.C. 1592(c)):
Provided further, That no part of this appropriation may be expended
for soil and
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water conservation operations under the Act of April 27,
1935 (16 U.S.C. 590a-590f) in demonstration projects: Provided further,
That this appropriation shall be available for employment pursuant to
the second sentence of section706(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).
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, as amended
(16 U.S.C. 1001-1009), $12,381,000: 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, as amended
(16 U.S.C. 1001-1005, 1007-1009), the provisions of the Act of April
27, 1935 (16 U.S.C. 590a-f), and in accordance with the provisions of
laws relating to the activities of the Department, $101,036,000, to
remain available until expended (7 U.S.C. 2209b) (of which up to
$15,000,000 may be available for the watersheds authorized under the
Flood Control Act approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C.
1006a), as amended and supplemented: 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 $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), as amended, including cooperative efforts as
contemplated by that Act to relocate endangered or threatened species
to other suitable habitats as may be necessary to expedite project
construction.
resource conservation and development
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the provisions of section 32(e) of title III of the Bankhead-Jones
Farm Tenant Act, as amended (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), $29,377,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$50,000 shall be available for employment under 5 U.S.C. 3109.
forestry incentives program
For necessary expenses, not otherwise provided for, to carry out
the program of forestry incentives, as authorized in the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
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, Rural Business-
Cooperative Service, and the Rural Utilities Service of the Department
of Agriculture, $588,000.
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,
as amended, to be available from funds in the rural housing insurance
fund, as follows: $3,300,000,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $2,300,000,000 shall be for
unsubsidized guaranteed loans; $35,000,000 for section 504 housing
repair loans; $15,000,000 for section 514 farm labor housing;
$58,654,000 for section 515 rental housing; $600,000 for section 524
site loans; $50,000,000 for credit sales of acquired property; and
$600,000 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, $89,210,000, of which
$6,210,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $11,081,000; section 514 farm labor housing,
$6,885,000; section 515 rental housing, $28,987,000;credit sales of
acquired property, $4,050,000; and section 523 self-help housing land
development loans, $17,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $366,205,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949, as
amended, $493,870,000; and in addition such sums as may be necessary,
as authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount not
more than $5,900,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section 502(c)(5)(D)
of the Act, and not to exceed $10,000 per project for advances to
nonprofit organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant to
section 502(c)(5)(C) of the Act: Provided further, That agreements
entered into or renewed during fiscal year 1997 shall be funded for a
five-year period, although the life of any such agreement may be
extended to fully utilize amounts obligated.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain available
until expended (7 U.S.C. 2209b).
rural housing assistance program
(including transfers of funds)
For the cost of direct loans, loan guarantees, agreements, and
grants, as authorized by 7 U.S.C. 1926, 42 U.S.C. 1472, 1474, 1479,
1486, and 1490(a), except for sections 381E, 381H, 381N of the
Consolidated Farm and Rural Development Act, $130,433,000, to remain
available until expended, for direct loans and loan guarantees for
community facilities, community facilities grant program, rental
assistance associated with and direct loans for new construction of
section 515 rental housing, rural housing for domestic farm labor
grants, supervisory and technical assistance grants, very low-income
housing repair grants, rural community fire protection grants, rural
housing preservation grants, and compensation for construction defects
of the Rural Housing Service: Provided, That the co
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st of direct loans
and loan guarantees shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
the amounts appropriated shall be transferred to loan program and grant
accounts as determined by the Secretary: Provided further, That of the
funds made available in this paragraph not more than $1,200,000 shall
be available for the multi-family rural housing loan guarantee program
as authorized by section 5 of Public Law 104-120: Provided further,
That if such funds are not obligated for multi-family rural housing
loan guarantees by June 30, 1997, they remain available for other
authorized purposes under this head: Provided further, That of the
total amount appropriated, not to exceed $1,200,000 shall be available
for the cost of direct loans, loan guarantees, and grants to be made
available for empowerment zones and enterprise communities as
authorized by Public Law 103-66: Provided further, That if such funds
are not obligated for empowerment zones and enterprise communities by
June 30, 1997, they remain available for other authorized purposes
under this head.
salaries and expenses
For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm and
Rural Development Act, as amended, title V of the Housing Act of 1949,
as amended, and cooperative agreements, $60,743,000: Provided, That
this appropriation shall be available for employment pursuant to the
second sentence of 706(a) of the Organic Act of 1944, and not to exceed
$520,000 may be used for employment under 5 U.S.C. 3109.
Rural Business-Cooperative Service
rural development loan fund program account
(including transfers of funds)
For the cost of direct loans, $17,270,000, 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 $37,544,000: Provided
further, That through June 30, 1997, of the total amount appropriated
$3,345,000 shall be available for the cost of direct loans, for
empowerment zones and enterprise communities, as authorized by title
XIII of the Omnibus Budget Reconciliation Act of 1993, to subsidize
gross obligations for the principal amount of direct loans, $7,246,000.
rural economic development loans program account
(including transfers of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$12,865,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$2,830,000. In addition, for administrative expenses necessary to carry
out the direct loan program, $654,000, which shall be transferred to
and merged with the appropriation for ``Salaries and Expenses.''.
alternative agricultural research and commercialization revolving fund
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901-5908),
$7,000,000 is appropriated to the alternative agricultural research and
commercialization revolving fund.
rural business--cooperative assistance program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1928, and 1932, except for 381E, 381H,
381N of the Consolidated Farm and Rural Development Act, $51,400,000,
to remain available until expended, for direct loans and loan
guarantees for business and industry assistance, rural business grants,
rural cooperative development grants, and rural business opportunity
grants of the Rural Business--Cooperative Service: Provided, That the
cost of direct loans and loan guarantees shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That $500,000 shall be available for grants to qualified
nonprofit organizations as authorized under section 310B(c)(2) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932): Provided
further, That the amounts appropriated shall be transferred to loan
program and grant accounts as determined by the Secretary: Provided
further, That, of the total amount appropriated, not to exceed
$3,000,000 shall be available for cooperative development: Provided
further, That, of the total amount appropriated, not to exceed $148,000
shall be available for the cost of direct loans, loan guarantees, and
grants to be made available for business and industry loans for
empowerment zones and enterprise communities as authorized by Public
Law 103-66 and rural development loans for empowerment zones and
enterprise communities as authorized by title XIII of the Omnibus
Budget Reconciliation Act of 1993: Provided further, That if such funds
are not obligated for empowerment zones and enterprise communities by
June 30, 1997, they remain available for other authorized purposes
under this head.
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, as amended; 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 cooperative
agreements; $25,680,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of 706(a) of
the Organic Act of 1944, 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, as amended (7 U.S.C. 935), shall be made
as follows: 5 percent rural electrification loans, $125,000,000, 5
percent rural telecommunications loans, $75,000,000; cost of money
rural telecommunications loans, $300,000,000; municipal rate rural
electric loans, $525,000,000; and loans made pursuant to section 306 of
that Act, rural electric, $300,000,000, and rural telecommunications,
$120,000,000, to remain available until expended.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936,
as amended (7 U.S.C. 935), as follows: cost of direct loans,
$4,818,000; cost of municipal rate loans, $28,245,000; cost of money
rural telecommunications loans, $60,000; cost of loans guaranteed
pursuant to section 306, $2,790,000: Provided, That notwithstanding
section 305(d)(2) of the Rural Electrification Act of 1936, borrower
interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $29,982,000, which shall be
transferred to and merged with the appropriation for ``Salaries and
Expenses.''.
rural telephone bank program account
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
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Corporation Control Act, as amended, as may be necessary in
carrying out its authorized programs for the current fiscal year.
During fiscal year 1997 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, as amended (7
U.S.C. 935), $2,328,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,500,000.
distance learning and medical link program
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., as amended, $9,000,000, 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.
rural utilities assistance program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1928, and 1932, except for 381E, 381H,
381N of the Consolidated Farm and Rural Development Act, $566,935,000,
to remain available until expended, for direct loans and loan
guarantees and grants for rural water and waste disposal, and solid
waste management grants of the Rural Utilities Service: Provided, That
the cost of direct loans and loan guarantees shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That the amounts appropriated shall be transferred to
loan program and grant accounts as determined by the Secretary:
Provided further, That, through June 30, 1997, of the total amount
appropriated, $18,700,000 shall be available for the costs of direct
loans, loan guarantees, and grants to be made available for empowerment
zones and enterprise communities, as authorized by Public Law 103-66:
Provided further, That, of the total amount appropriated, not to exceed
$18,700,000 shall be for water and waste disposal systems to benefit
the Colonias along the United States/Mexico border, including grants
pursuant to section 306C of the Consolidated Farm and Rural Development
Act, as amended: Provided further, That, of the total amount
appropriated, not to exceed $5,200,000 shall be available for
contracting with qualified national organizations for a circuit rider
program to provide technical assistance for rural water systems:
Provided further, That an amount not less than that available in fiscal
year 1996 be set aside and made available for ongoing technical
assistance under sections 306(a)(14) (7 U.S.C. 1926) and 310(B)(b) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1932):
Provided further, That of the total amount appropriated, not to exceed
$8,750,000 shall be for water and waste disposal systems pursuant to
section 757 of Public Law 104-127: Provided further, That
notwithstanding section 306(a)(7) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(7)), the town of Berlin, New
Hampshire, shall be eligible during fiscal year 1997 for a grant under
the rural utilities assistance program.
salaries and expenses
For necessary expenses of the Rural Utilities Service, including
administering the programs authorized by the Rural Electrification Act
of 1936, as amended, and the Consolidated Farm and Rural Development
Act, as amended, and cooperative agreements, $33,195,000: Provided,
That this appropriation shall be available for employment pursuant to
the second sentence of 706(a) of the Organic Act of 1944, and not to
exceed $105,000 may be used for employment under 5 U.S.C. 3109.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Consumer Service,
$454,000.
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751-1769b), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1772-1785, and 1789); except sections 17 and 19;
$8,653,297,000, to remain available through September 30, 1998, of
which $3,219,544,000 is hereby appropriated and $5,433,753,000 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 not to exceed
$1,000,000 of the funds made available under this heading shall be used
for studies and evaluations: Provided further, That up to $4,031,000
shall be available for independent verification of school food service
claims.
special supplemental nutrition program for women, infants, and
children (wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $3,729,807,000, to remain available
through September 30, 1998: Provided, That none of the funds made
available under this heading may be used to begin more than two studies
and evaluations: Provided further, That up to $6,750,000 may be used to
carry out the farmers' market nutrition program from any funds not
needed to maintain current caseload levels: Provided further, That once
the amount for fiscal year 1996 carryover funds has been determined by
the Secretary, any funds in excess of $100,000,000 may be transferred
by the Secretary of Agriculture to the Rural Utilities Assistance
Program and/or to the Rural Housing Insurance Fund for the cost of
direct section 502 loans, including the cost of modifying loans, as
defined in section 502 of the Congressional Budget Act of 1974:
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
(42 U.S.C. 1786): Provided further, That State agencies required to
procure infant formula using a competitive bidding system may use funds
appropriated by this Act to purchase infant formula under a cost
containment contract entered into after September 30, 1996 only if the
contract was awarded to the bidder offering the lowest net price, as
defined by section 17(b)(20) of the Child Nutrition Act of 1966, unless
the State agency demonstrates to the satisfaction of the Secretary that
the weighted average retail price for different brands of infant
formula in the State does not vary by more than five percent.
food stamp program
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $27,618,029,000: Provided, That funds provided herein
shall remain available through September 30, 1997, in accordance with
section 18(a) of the Food Stamp Act: Provided further, That
$100,000,000 of the foregoing amount 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 further, That not to exceed $3,000,000
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 r
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equirements as may be required by law:
Provided further, That $1,174,000,000 of the foregoing amount shall be
available for nutrition assistance for Puerto Rico as authorized by 7
U.S.C. 2028.
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, as amended, and section 110 of the Hunger
Prevention Act of 1988, $166,000,000, to remain available through
September 30, 1998: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program.
food donations programs for selected groups
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)), and section
311 of the Older Americans Act of 1965, as amended (42 U.S.C. 3030a),
$141,250,000, to remain available through September 30, 1998.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $106,128,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance in the prevention, identification, and prosecution of fraud
and other violations of law: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$150,000 shall be available for employment under 5 U.S.C. 3109.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service and General Sales Manager
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954, as
amended (7 U.S.C. 1761-1768), market development activities abroad, and
for enabling the Secretary to coordinate and integrate activities of
the Department in connection with foreign agricultural work, including
not to exceed $128,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $135,561,000, of which $3,231,000 may be transferred from the
Export Loan Program account in this Act, and $1,035,000 may be
transferred from the Public Law 480 program account in this Act:
Provided, That the Service may utilize advances of funds, or reimburse
this appropriation for expenditures made on behalf of Federal agencies,
public and private organizations and institutions under agreements
executed pursuant to the agricultural food production assistance
programs (7 U.S.C. 1736) and the foreign assistance programs of the
International Development Cooperation Administration (22 U.S.C. 2392).
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
public law 480 program and grant accounts
(including transfers of funds)
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1691, 1701-1715, 1721-1726, 1727-1727f,
1731-1736g), as follows: (1) $226,900,000 for Public Law 480 title I
credit, including Food for Progress programs; (2) $13,905,000 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, as amended; (3) $837,000,000 is hereby
appropriated for commodities supplied in connection with dispositions
abroad pursuant to title II of said Act; and (4) $29,500,000 is hereby
appropriated for commodities supplied in connection with dispositions
abroad pursuant to title III of said Act: Provided, That not to exceed
15 percent of the funds made 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, as amended,
and the Food for Progress Act of 1985, as amended, including the cost
of modifying credit agreements under said Act, $185,589,000.
In addition, for administrative expenses to carry out the Public
Law 480 title I credit program, and the Food for Progress Act of 1985,
as amended, to the extent funds appropriated for Public Law 480 are
utilized, $1,780,000.
commodity credit corporation export loans program account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$3,820,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which not to exceed
$3,231,000 may be transferred to and merged with the appropriation for
the salaries and expenses of the Foreign Agricultural Service, and of
which not to exceed $589,000 may be transferred to and merged with the
appropriation for the salaries and expenses of the Farm Service Agency.
export credit
The Commodity Credit Corporation shall make available not less than
$5,500,000,000 in credit guarantees under its export credit guarantee
program extended to finance the export sales of United States
agricultural commodities and the products thereof, as authorized by
section 202 (a) and (b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5641).
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for rental 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; $907,499,000, of
which not to exceed $87,528,000 in fees pursuant to section 736 of the
Federal Food, Drug, and Cosmetic Act may be credited to this
appropriation and remain available until expended: Provided, That fees
derived from applications received during fiscal year 1997 shall be
subject to the fiscal year 1997 limitation: Provided further, That none
of these funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701.
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available until
expended.
In addition, fees pursuant to section 801 of the Federal Food,
Drug, and Cosmetic Act may be credited to this account, to remain
available until expended.
General Provisions
Sec. 601. Effective Medication Guides.--
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of the Department of Health and Human
Services shall request that national organizations representing health
care professionals, consumer organizations, voluntary health agencies,
the pharmaceutical industry, drug wholesalers, patient drug information
database companies, and other relevant parties collaborate to develop a
long-range
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comprehensive action plan to achieve goals consistent with
the goals of the proposed rule of the Food and Drug Administration on
``Prescription Drug Product Labeling: Medication Guide Requirements''
(60 Fed. Reg. 44182; relating to the provision of oral and written
prescription information to consumers).
(b) Goals.--Goals consistent with the proposed rule described in
subsection (a) are the distribution of useful written information to 75
percent of individuals receiving new precriptions by the year 2000 and
to 95 percent by the year 2006.
(c) Plan.--The plan described in subsection (a) shall--
(1) identify the plan goals;
(2) assess the effectiveness of the current private-sector
approaches used to provide oral and written prescription
information to consumers;
(3) develop guidelines for providing effective oral and written
prescription information consistent with the findings of any such
assessment;
(4) contain elements necessary to ensure the transmittal of
useful information to the consuming public, including being
scientifically accurate, non-promotional in tone and content,
sufficiently specific and comprehensive as to adequately inform
consumers about the use of the product, and in an understandable,
legible format that is readily comprehensible and not confusing to
consumers expected to use the product.
(5) develop a mechanism to assess periodically the quality of
the oral and written prescription information and the frequency
with which the information is provided to consumers; and
(6) provide for compliance with relevant State board
regulations.
(d) Limitation on the Authority of the Secretary.--The Secretary of
the Department of Health and Human Services shall have no authority to
implement the proposed rule described in subsection (a), or to develop
any similar regulation, policy statement, or other guideline specifying
a uniform content or format for written information voluntarily
provided to consumers about prescription drugs if, (1) not later than
120 days after the date of enactment of this Act, the national
organizations described in subsection (a) develop and submit to the
Secretary for Health and Human Services a comprehensive, long-range
action plan (as described in subsection (a)) which shall be acceptable
to the Secretary of Health and Human Services; (2) the aforementioned
plan is submitted to the Secretary of Health and Human Services for
review and acceptance: Provided, That the Secretary shall give due
consideration to the submitted plan and that any such acceptance shall
not be arbitrarily withheld; and (3) the implementation of (a) a plan
accepted by the Secretary commences within 30 days of the Secretary's
acceptance of such plan, or (b) the plan submitted to the Secretary
commences within 60 days of the submission of such plan if the
Secretary fails to take any action on the plan within 30 days of the
submission of the plan. The Secretary shall accept, reject or suggest
modifications to the plan submitted within 30 days of its submission.
The Secretary may confer with and assist private parties in the
development of the plan described in subsections (a) and (b).
(e) Secretary Review.--Not later than January 1, 2001, the
Secretary of the Department of Health and Human Services shall review
the status of private-sector initiatives designed to achieve the goals
of the plan described in subsection (a), and if such goals are not
achieved, the limitation in subsection (d) shall not apply, and the
Secretary shall seek public comment on other initiatives that may be
carried out to meet such goals.
Sec. 602. Section 3 of the Saccharin Study and Labeling Act (21
U.S.C 348 note) is amended by striking out ``May 1, 1997'' and
inserting in lieu thereof ``May 1, 2002''.
Sec. 603. Amendments to the Federal Food, Drug, and Cosmetic Act.--
(a) Imports for Export.--Section 801(d)(3) of the Federal Food,
Drug, and Cosmetic Act is amended--
(1) by striking ``accessory of a device which is ready'' and
inserting ``accessory of a device, or other article of device
requiring further processing, which is ready'';
(2) in subparagraph (A), by striking ``is intended to be'' and
inserting ``is intended to be further processed by the initial
owner or consignee, or''; and
(3) in subparagraph (C)--
(A) by striking ``part,'' and inserting ``part, article,'';
and
(B) by striking ``incorporated'' and inserting
``incorporated or further processed''.
(b) Labeling of Exported Drugs.--Section 801(f) of the Federal
Food, Drug, and Cosmetic Act is amended--
(1) in paragraph (1), by striking ``If a drug'' and inserting
``If a drug (other than insulin, an antibiotic drug, an animal
drug, or a drug exported under section 802)''; and
(2) in paragraph (2), by adding at the end the following new
sentence: ``A drug exported under section 802 is exempt from this
section.''.
(c) Export of Certain Unapproved Drugs and Devices.--Section
802(f)(5) of the Federal Food, Drug, and Cosmetic Act is amended by
striking ``if the drug or device is not labeled'' and inserting ``if
the labeling of the drug or device is not''.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$21,350,000, to remain available until expended (7 U.S.C. 2209b).
rental payments (fda)
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act, $46,294,000: Provided,
That in the event the Food and Drug Administration should require
modification of space needs, a share of the salaries and expenses
appropriation may be transferred to this appropriation, or a share of
this appropriation may be transferred to the salaries and expenses
appropriation, but such transfers shall not exceed 5 percent of the
funds made available for rental payments (FDA) to or from this account.
DEPARTMENT OF THE TREASURY
Financial Management Service
payments to the farm credit system financial assistance corporation
For necessary payments to the Farm Credit System Financial
Assistance Corporation by the Secretary of the Treasury, as authorized
by section 6.28(c) of the Farm Credit Act of 1971, as amended, for
reimbursement of interest expenses incurred by the Financial Assistance
Corporation on obligations issued through 1994, as authorized
$10,290,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act, as amended (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; $55,101,000,
including not to exceed $1,000 for official reception and
representation expenses: Provided, That the Commission is authorized to
charge reasonable fees to attendees of Commission sponsored educational
events and symposia to cover the Commission's costs of providing those
events and symposia, and notwithstanding 31 U.S.C. 3302, said fees
shall be credited to this account, to be available without further
appropriation.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $37,478,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expens
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es 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 1997 under this Act shall be available
for the purchase, in addition to those specifically provided for, of
not to exceed 667 passenger motor vehicles, of which 643 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 therefore as
authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Not less than $1,500,000 of the appropriations of the
Department of Agriculture in this Act for research and service work
authorized by the Acts of August 14, 1946, and July 28, 1954 (7 U.S.C.
427, 1621-1629), and by chapter 63 of title 31, United States Code,
shall be available for contracting in accordance with said Acts and
chapter.
Sec. 704. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National FinanceCenter operations shall not exceed $2,000,000:
Provided, That no funds in this Act appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
Sec. 705. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended
(7 U.S.C. 2209b): Animal and Plant Health Inspection Service, the
contingency fund to meet emergency conditions, fruit fly program, and
integrated systems acquisition project; Farm Service Agency, salaries
and expenses funds made available to county committees; and Foreign
Agricultural Service, middle-income country training program.
New obligational authority for the boll weevil program; up to 10
percent of the screwworm program of the Animal and Plant Health
Inspection Service; Food Safety and Inspection Service, field
automation and information management project; funds appropriated for
rental payments; funds for the Native American institutions endowment
fund in the Cooperative State Research, Education, and Extension
Service, and funds for the competitive research grants (7 U.S.C.
450i(b)), shall remain available until expended.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to Public Law
94-449.
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. Notwithstanding any other provision of this Act,
commodities acquired by the Department in connection with Commodity
Credit Corporation and section 32 price support operations may be used,
as authorized by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide
commodities to individuals in cases of hardship as determined by the
Secretary of Agriculture.
Sec. 710. None of the funds in this Act shall be available to
reimburse the General Services Administration for payment of space
rental and related costs in excess of the amounts specified in this
Act; nor shall this or any other provision of law require a reduction
in the level of rental space or services below that of fiscal year 1996
or prohibit an expansion of rental space or services with the use of
funds otherwise appropriated in this Act. Further, no agency of the
Department of Agriculture, from funds otherwise available, shall
reimburse the General Services Administration for payment of space
rental and related costs provided to such agency at a percentage rate
which is greater than is available in the case of funds appropriated in
this Act.
Sec. 711. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 712. With the exception of grants awarded under the Small
Business Innovation Development Act of 1982, Public Law 97-219, as
amended (15 U.S.C. 638), none of the funds in this Act shall be
available to pay indirect costs on research grants awarded
competitively by the Cooperative State Research, Education, and
Extension Service that exceed 14 percent of total Federal funds
provided under each award.
Sec. 713. Notwithstanding any other provisions of this Act, all
loan levels provided in this Act shall be considered estimates, not
limitations.
Sec. 714. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 1997
shall remain available until expended to cover obligations made in
fiscal year 1997 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; and
the rural economic development loans program account.
Sec. 715. Such sums as may be necessary for fiscal year 1997 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 716. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing financial
assistance using funds made available in this Act, the head of each
Federal agency shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 717. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service
and the Animal and Plant Health Inspection Service may use cooperative
agreements to reflect a relationship between A
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gricultural Marketing
Service or the Animal and Plant Health Inspection Service and a State
or Cooperator to carry out agricultural marketing programs or to carry
out programs to protect the Nation's animal and plant resources.
Sec. 718. None of the funds in this Act may be used to retire more
than 5% of the Class A stock of the Rural Telephone Bank or to maintain
any account or subaccount within the accounting records of the Rural
Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act
of 1990.
Sec. 719. None of the funds appropriated or otherwise made
available by this Act may be used to provide food stamp benefits to
households whose benefits are calculated using a standard deduction
greater than the standard deduction in effect for fiscal year 1995.
Sec. 720. None of the funds made available in this Act may be used
to provide assistance to, or to pay the salaries of personnel who carry
out a market promotion/market access program pursuant to section 203 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5623) that provides
assistance to the United States Mink Export Development Council or any
mink industry trade association.
Sec. 721. None of the funds appropriated or otherwise made
available by this Act, or made available through the Commodity Credit
Corporation, shall be used to enroll in excess of 130,000 acres in the
fiscal year 1997 wetlands reserve program, as authorized by section
3837 of title 16, United States Code: Provided, That additional acreage
may be enrolled in the program to the extent that non-Federal funds
available to the Secretary are used to fully compensate for the cost of
additional enrollments: Provided further, That the condition on
enrollments provided in section 1237(b)(2)(B) of the Food Security Act
of 1985, as amended (16 U.S.C. 3837(b)(2)(B)) shall be deemed met upon
the enrollment of 43,333 acres through the use of temporary easements:
Provided further, That the Secretary shall not enroll acres in the
wetlands reserve program through the use of new permanent easements in
fiscal year 1998 until the Secretary has enrolled at least 31,667 acres
in the program through the use of temporary easements.
Sec. 722. Of the funds made available by this Act, not more than
$1,000,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 723. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel who carry out an export enhancement program if the aggregate
amount of funds and/or commodities under such program exceeds
$100,000,000.
Sec. 724. 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 a farmland protection program in excess of
$2,000,000 authorized by section 388 of Public Law 104-127.
Sec. 725. 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 a conservation farm option program in excess of
$2,000,000 authorized by section 335 of Public Law 104-127.
Sec. 726. None of the funds made available in this Act may be used
to pay the salaries of employees of the Department of Agriculture who
make payments pursuant to a production flexibility contract entered
into under section 111 of the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104-127; 7 U.S.C. 7211) when it is made
known to the Federal official having authority to obligate or expend
such funds that the land covered by that production flexibility
contract is not being used for the production of an agricultural
commodity or is not devoted to a conserving use, unless it is also made
known to that Federal official that the lack of agriculturalproduction
or the lack of a conserving use is a consequence of drought, flood, or
other natural disaster.
Sec. 727. None of the funds appropriated or otherwise made
available by this Act shall be used to extend any existing or expiring
contract in the Conservation Reserve Program authorized by 16 U.S.C.
3831-3845.
Sec. 728. None of the funds appropriated in this Act may be used to
carry out the provisions of section 918 of Public Law 104-127, the
Federal Agriculture Improvement and Reform Act.
Sec. 729. Hereafter, funds appropriated to the Department of
Agriculture may be used for incidental expenses such as transportation,
uniforms, lodging, and subsistence for volunteers serving under the
authority of 7 U.S.C. 2272, when such volunteers are engaged in the
work of the United States Department of Agriculture; and for
promotional items of nominal value relating to the United States
Department of Agriculture Volunteer Programs.
Sec. 730. 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. 731. Section 747 of the Federal Agriculture Improvement and
Reform Act of 1996 is amended by inserting, ``effective October 1,
1996,'' following ``The Secretary shall make grants'' in section
310B(e)(2) of the Consolidated Farm and Rural Development Act:
Provided, That this section shall take effect upon enactment of this
Act into law.
Sec. 732. Labeling of Raw Poultry Products.--
(a) In General.--Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this Act may
be used to implement or enforce the final rule related to the labeling
of raw poultry products promulgated by the Food Safety and Inspection
Service on August 25, 1995 (60 Fed. Reg. 44395), and the final rule
shall not be effective during fiscal year 1997.
(b) Final Rule.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Agriculture shall issue a revised final
rule related to the labeling of raw poultry products that--
(1) maintains the standard that the term ``fresh'' may be used
only for raw poultry products the internal core temperature of
which has not fallen below 26+ Fahrenheit;
(2) deletes the requirement that poultry products the internal
core temperature of which has ever been less than 26+ Fahrenheit,
but more than 0+ Fahrenheit, be labeled as ``hard chilled'' or
``previously hard chilled'', except that--
(A) the products shall be prohibited under the rule from
being labeled as ``fresh'' but shall not be required to bear
any specific alternative labeling; and
(B) nothing in this section shall be interpreted as
modifying the requirements for labeling of all poultry products
the internal core temperature of which has ever fallen to 0+
Fahrenheit as ``frozen'';
(3) provides for a tolerance from the 26+ Fahrenheit standard
established by the rule of--
(A) 1+ Fahrenheit for poultry products within an official
processing establishment;
(B) 2+ Fahrenheit for poultry products in commerce;
(4) exempts from temperature testing wings, tenders, hearts,
livers, gizzards, necks, and products
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that undergo special
processing, such as sliced poultry products; and
(5) in all other terms and conditions (including the period of
time permitted for implementation) is substantively identical to
the rule referred to in subsection (a).
(c) Revised Labeling Standards.--Not later than 60 days after the
issuance of a revised final rule under subsection (b), the Secretary of
Agriculture, acting through the Administrator of the Food Safety and
Inspection Service, shall issue a compliance directive for the
enforcement of the revised labeling standards established by the rule,
including standards for--
(1) temperature testing that are based on measurements at the
center of the deepest muscle; and
(2) sampling methods that ensure that the average of individual
temperatures within poultry product lots of each specific product
type (such as whole birds, whole muscle leg products, and whole
muscle breast products) meet the standards.
(d) Severability.--If any provision of this section or the
application thereof to any person or circumstance is held invalid, the
validity of the remainder of this section and of the application of the
provision to any other persons or circumstances shall not be affected.
Sec. 733. Hereafter, notwithstanding any other provision of law,
any domestic fish or fish product produced in compliance with food
safety standards or procedures accepted by the Food and Drug
Administration as satisfying the requirements of the ``Procedures for
the Safe and Sanitary Processing and Importing of Fish and Fish
Products'' (published by the Food and Drug Administration as a final
regulation in the Federal Register of December 18, 1995), shall be
deemed to have met any inspection requirements of the Department of
Agriculture or other Federal agency for any Federal commodity purchase
program, including the program authorized under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c) except that the Department of
Agriculture or other Federal agency may utilize lot inspection to
establish a reasonable degree of certainty that fish or fish products
purchased under a Federal commodity purchase program, including the
program authorized under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), meet Federal product specifications.
Sec. 734. Rural Housing Program Extensions.--
(a) Extension of Multifamily Rural Housing Loan Program.--
(1) Authority to make loans.--Section 515(b)(4) of the Housing
Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking
``September 30, 1996'' and inserting ``September 30, 1997''.
(2) Set-aside for nonprofit entities.--The first sentence of
section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1))
is amended by striking ``fiscal year 1996'' and inserting ``fiscal
year 1997''.
(b) Extension of Housing in Underserved Areas Program.--The first
sentence of section 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C.
1479(f)(4)(A)) is amended by striking ``fiscal year 1996'' and
inserting ``fiscal year 1997''.
(c) Reforms for Multifamily Rural Housing Loan Program.--
(1) Limitation on project transfers.--Section 515 of the
Housing Act of 1949 (42 U.S.C. 1485) is amended by inserting after
subsection (g) the following new subsection:
``(h) Project Transfers.--After the date of the enactment of the
Act entitled `An Act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 1997, and for other
purposes', the ownership or control of a project for which a loan is
made or insured under this section may be transferred only if the
Secretary determines that such transfer would further the provision of
housing and related facilities for low-income families or persons and
would be in the best interests of residents and the Federal
Government.''.
(2) Equity loans.--Section 515(t) of the Housing Act of 1949
(42 U.S.C. 1485(t)) is amended--
(A) by striking paragraphs (4) and (5); and
(B) by redesignating paragraphs (6) through (8) as
paragraphs (4) through (6), respectively.
(3) Equity takeout loans to extend low-income use.--
(A) Authority and limitation.--Section 502(c)(4)(B)(iv) of
the Housing Act of 1949 (42 U.S.C. 1472(c)(4)(B)(iv)) is
amended by inserting before the period at the end the
following: ``or under paragraphs (1) and (2) of section 514(j),
except that an equity loan referred to in this clause may not
be made available after the date of the enactment of the Act
entitled `An Act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 1997, and for
other purposes', unless the Secretary determines that the other
incentives available under this subparagraph are not adequate
to provide a fair return on the investment of the borrower, to
prevent prepayment of the loan insured under section 514 or
515, or to prevent the displacement of tenants of the housing
for which the loan was made''.
(B) Approval of assistance.--Section 502(c)(4)(C) of the
Housing Act of 1949 (42 U.S.C. 1472(c)(4)(C)) is amended by
striking ``(C)'' and all that follows through ``provided-- ''
and inserting the following:
``(C) Approval of assistance.--The Secretary may approve assistance
under subparagraph (B) for assisted housing only if the restrictive
period has expired for any loan for the housing made or insured under
section 514 or 515 pursuant to a contract entered into after December
21, 1979, but before the date of the enactment of the Department of
Housing and Urban Development Reform Act of 1989, and the Secretary
determines that the combination of assistance provided--''.
(C) Technical correction.--Section 515(c)(1) of the Housing
Act of 1949 (42 U.S.C. 1485(c)(1)) is amended by striking
``December 21, 1979'' and inserting ``December 15, 1989''.
(d) Reform of Section 515.--Section 515 of the Housing Act of 1949
(42 U.S.C. 1485) is amended--
(1) by striking subsection (r) and inserting the following:
``(r)(1) the Secretary--
``(A) may require that the initial operating reserve under this
section may be in the form of an irrevocable letter of credit; and
``(B) except as provided in paragraph (2), may require not more
than a 3 percent contribution to equity, except that the Secretary
shall require a 5 percent contribution in the case of a project
that is allocated a low-income housing tax credit pursuant to
section 42 of the Internal Revenue Code of 1986.
``(2) The Secretary may adjust the amount of equity contribution to
ensure that assistance provided is not more than is necessary to
provide affordable housing after taking account of assistance from all
Federal, State, and local sources.
``(3) Not later than 60 days after the date of enactment of the Act
entitled `An Act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 1997, and for other
purposes', the Secretary shall issue regulations to implement
subsection (r)(2) in accordance with the negotiated rulemaking
procedures set forth in subchapter III of chapter 5 of title 5, United
States Code: Provided, That if the negotiated rulemaking is not
completed within the designated time, the Secretary shall proceed to
promulgate regulations under the rulemaking authority contained in 5
U.S.C. 557.''; and
(2) by striking subsection (z).
(e) Equity Skimming Penalties.--
(1) Insurance of loans for the provision of housing and related
facilities for domestic farm labor.--Section 514 of the Housing Act
of 1949 (42 U.S.
2000
C. 1484) is amended by adding at the end the
following new subsection:
``(j) Equity Skimming Penalty.--Whoever, as an owner, agent, or
manger, or who is otherwise in custody, control, or possession of
property that is security for a loan made or insured under this section
willfully uses, or authorizes the use, of any part of the rents,
assets, proceeds, income, or other funds derived from such property,
for any purpose other than to meet actual or necessary expenses of the
property, or for any other purpose not authorized by this title or the
regulations adopted pursuant to this title, shall be fined not more
than $250,000 or imprisoned not more than 5 years, or both.''.
(2) Direct and insured loans to provide housing and related
facilities for elderly persons and families in rural areas.--
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485), as amended
by subsection (d)(2) of this section, is amended by adding at the
end the following new subsection:
``(z) Equity Skimming Penalty.--Whoever, as an owner, agent, or
manager, or who is otherwise in custody, control, or possession of
property that is security for a loan made or insured under this section
willfully uses, or authorizes the use, of any part of the rents,
assets, proceeds, income, or other fund derived from such property, for
any purpose other than to meet actual or necessary expenses of the
property, or for any other purpose not authorized by this title or the
regulations adopted pursuant to this title, shall be fined not more
than $250,000 or imprisoned not more than 5 years, or both.''.
(f) Prioritization of Assistance.--Section 532 of the Housing Act
of 1949 (42 U.S.C. 1490l) is amended--
(1) in subsection (a), by striking ``The Secretary'' and
inserting ``Except as otherwise provided in subsection (c), the
Secretary''; and
(2) by adding at the end the following new subsection:
``(c) Prioritization of Section 515 Housing Assistance.--
``(1) In general.--The Secretary shall make assistance under
section 515 available pursuant to an objective procedure
established by the Secretary, under which the Secretary shall
identify counties and communities having the greatest need for such
assistance and designate such counties and communities to receive
such assistance.
``(2) Objective measures.--The Secretary shall use the
following objective measures to determine the need for rental
housing assistance under paragraph (1):
``(A) The incidence of poverty.
``(B) The lack of affordable housing and the existence of
substandard housing.
``(C) The lack of mortgage credit.
``(D) The rural characteristics of the location.
``(E) Other factors as determined by the Secretary,
demonstrating the need for affordable housing.
``(3) Information.--In administering this subsection, the
Secretary shall use information from the most recent decennial
census of the United States, relevant comprehensive affordable
housing strategies under section 105 of the Cranston-Gonzalez
National Affordable Housing Act, and other reliable sources
obtained by the Secretary which demonstrate the need for affordable
housing in rural areas.
``(4) Designation.--A designation under this subsection shall
not be effective for a period of more than 3 years, but may be
renewed by the Secretary in accordance with the procedure set forth
in this subsection. The Secretary shall take such other reasonable
actions as the Secretary considers to be appropriate to notify the
public of such designations.''.
Sec. 735. Department of Agriculture Voluntary Separation Incentive
Payments.--
(a) Definitions.--For the purposes of this section--
(1) the term ``agency'' means the Department of Agriculture;
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed by the
agency (or an individual employed by a county committee established
under section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5))), is serving under an
appointment without time limitation, and has been currently
employed for a continuous period of at least 3 years, but does not
include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the agency;
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under the applicable retirement system referred to in
subparagraph (A);
(C) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
(D) an employee who, upon completing an additional period
of service as referred to in section 3(b)(2)(B)(ii) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597
note), would qualify for a voluntary separation incentive
payment under section 3 of such Act;
(E) an employee who has previously received any voluntary
separation incentive payment by the Federal Government under
this section or any other authority and has not repaid such
payment;
(F) an employee covered by statutory reemployment rights
who is on transfer to another organization; or
(G) any employee who, during the twenty-four month period
preceding the date of separation, has received a recruitment or
relocation bonus under section 5753 of title 5, United States
Code, or who, within the twelve month period preceding the date
of separation, received a retention allowance under section
5754 of title 5, United States Code.
(b) Agency Strategic Plan.--
(1) In general.--The head of the agency, prior to obligating
any resources for voluntary separation incentive payments, shall
submit to the House and Senate Committees on Appropriations and the
Committee on Governmental Affairs of the Senate and the Committee
on Government Reform and Oversight of the House of Representatives
a strategic plan outlining the intended use of such incentive
payments and a proposed organizational chart for the agency once
such incentive payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit, geographic
location, occupational category and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate without
the eliminated positions and functions.
(c) Authority to Provide Voluntary Separation Incentive Payments.--
(1) In general.--A voluntary separation incentive payment under
this section may be paid by an agency to any employee only to the
extent necessary to eliminate the positions and functions
identified by the strategic plan.
(2) Amount and treatment of payments.--A voluntary separation
incentive payment--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5,
United States Code; or
(ii) an amount determined by the agency head not to
exceed $25,000 in fiscal year 1997, $20,000 in fiscal year
1998, $15,000 i
198d
n fiscal year 1999, or $10,000 in fiscal
year 2000;
(D) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(E) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation.
(3) Limitation.--No amount shall be payable under this section
based on any separation occurring before the date of the enactment
of this Act, or after September 30, 2000.
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any other payments which it is
required to make under subchapter III of chapter 83 or chapter 84
of title 5, United States Code, the agency shall remit to the
Office of Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement and
Disability Fund an amount equal to 15 percent of the final basic
pay of each employee of the agency who is covered under subchapter
III of chapter 83 or chapter 84 of title 5, United States Code, to
whom a voluntary separation incentive has been paid under this
section.
(2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the total
amount of basic pay which would be payable for a year of service by
such employee, computed using the employee's final rate of basic
pay, and, if last serving on other than a full-time basis, with
appropriate adjustment therefor.
(e) Effect of Subsequent Employment with the Government.--An
individual who has received a voluntary separation incentive payment
under this section and accepts any employment for compensation with the
Government of the United States, or who works for any agency of the
United States Government through a personal services contract, within 5
years after the date of the separation on which the payment is based
shall be required to pay, prior to the individual's first day of
employment, the entire amount of the incentive payment to the agency
that paid the incentive payment.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee positions
in the agency shall be reduced by one position for each vacancy
created by the separation of any employee who has received, or is
due to receive, a voluntary separation incentive payment under this
section. For the purposes of this subsection, positions shall be
counted on a full-time-equivalent basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor the agency and take any action
necessary to ensure that the requirements of this subsection are
met.
(g) Effective Date.--This section shall take effect October 1,
1996.
Sec. 736. Interim Moratorium on Bypass Flows.--
(a) Moratorium.--Section 389(a) of Public Law 104-127 is amended by
striking ``an 18-month'' after the word ``be'' and inserting ``a 20-
month''.
(b) Report.--Section 389(d)(4) of Public Law 104-127 is amended by
striking ``1 year'' after the word ``than'' and inserting ``14
months''.
(c) Extension for Delay.--Section 389 of Public Law 104-127 is
amended by adding at the end the following new subsection--
``(e) Extension for Delay.--There shall be a day-for-day extension
to the 20-month moratorium required by subsection (a) and a day-for-day
extension to the report required by subsection (d)(4)--
``(1) for every day of delay in implementing or establishing
the Water Rights Task Force caused by a failure to nominate Task
Force members by the Administration or by the Congress; or
``(2) for every day of delay caused by a failure by the
Secretary of Agriculture to identify adequate resources as
determined by the Secretary of Agriculture to carry out the
purposes of the Task Force.''.
TITLE VIII--SUPPLEMENTAL APPROPRIATIONS AND RESCISSION FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1996
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For an additional amount for the Agricultural Credit Insurance Fund
Program Account for the additional cost of emergency insured loans
authorized by 7 U.S.C. 1928-1929, including the cost of modifying such
loans as defined in section 502 of the Congressional Budget Act of
1974, resulting from droughts in the Western United States, Hurricane
Bertha, and other natural disasters, to remain available until
expended, $32,244,000: Provided, That these funds are available to
subsidize additional gross obligations for the principal amount of
direct loans of $110,000,000: Provided further, That the entire amount
is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the amount
shall be available to the extent that the President notifies Congress
of his designation of any or all of these amounts as an emergency
requirement under section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco, and Firearms
salaries and expenses
For an additional amount for ``Salaries and Expenses'', to be used
in connection with investigations of arson or violence against
religious institutions, $12,011,000, to remain available until
expended.
Internal Revenue Service
Information Systems
(rescission)
Of the funds made available under this heading in Public Law 104-
52, $16,500,000 are rescinded.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1997''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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