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CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999
(House of Representatives - October 19, 1998)
Text of this article available as:
[Pages H11044-H11545]
CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND
EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999
Mr. LIVINGSTON submitted the following conference report and
statement on the bill (H.R. 4328) making omnibus consolidated and
emergency supplemental appropriations for fiscal year 1999:
Conference Report (H. Rept. 825)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4328) ``making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1999, and for other purposes'', having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the several
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 1999, and for
other purposes, namely:
Sec. 101(a). For programs, projects or activities in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999, provided as
follows, to be effective as if it had been enacted into law
as the regular appropriations Act:
An act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies for the fiscal year ending September 30, 1999, and
for other purposes.
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5
U.S.C. 3109, $2,836,000: Provided, That not to exceed $11,000
of this amount, along with any unobligated balances of
representation funds in the Foreign Agricultural Service,
shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the
Secretary: Provided further, That none of the funds
appropriated or otherwise made available by this Act may be
used to pay the salaries and expenses of personnel of the
Department of Agriculture to carry out section 793(c)(1)(C)
of Public Law 104-127: Provided further, That none of the
funds made available by this Act may be used to enforce
section 793(d) of Public Law 104-127.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
and the functions of the World Agricultural Outlook Board, as
authorized by the Agricultural Marketing Act of 1946 (7
U.S.C. 1622g), and including employment pursuant to the
second sentence of section 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, $5,620,000.
national appeals division
For necessary expenses of the National Appeals Division,
including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $25,000 is for employment under 5 U.S.C.
3109, $11,718,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $6,120,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, including employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), of which not to exceed $10,000 is for
employment under 5 U.S.C. 3109, $5,551,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
of which not to exceed $10,000 is for employment under 5
U.S.C. 3109, $4,283,000: Provided, That the Chief Financial
Officer shall actively market cross-servicing activities of
the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration to carry out the
programs funded by this Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for the operation, maintenance, and
repair of Agriculture buildings, $132,184,000: 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, $5,000,000, to remain available until
expended; making a total appropriation of $137,184,000.
Hazardous Waste Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the requirement of section 107(g) of the
Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9607(g), and section 6001 of the
Resource Conservation and Recovery Act, 42 U.S.C. 6961,
$15,700,000, to remain available until expended: Provided,
That appropriations and funds available herein to the
Department for Hazardous Waste Management may be transferred
to any agency of the Department for its use in meeting all
requirements pursuant to the above Acts on Federal and non-
Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $32,168,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration and
disaster management of the Department, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department, including employment
pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109: Provided, That
this appropriation shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
Outreach for Socially Disadvantaged Farmers
For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $3,000,000, to remain available until expended.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,668,000: Provided, That no other funds
appropriated to the Department by this Act shall be available
to the Department for support of activities of congressional
relations: Provided further, That not less than $2,241,000
shall be transferred to agencies funded by this Act to
maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the
dissemination of agricultural information, and the
coordination of information, work, and programs authorized by
Congress in the Department, $8,138,000, including employment
pursuant to the second sentence
[[Page H11045]]
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
of which not to exceed $10,000 shall be available for
employment under 5 U.S.C. 3109, and not to exceed $2,000,000
may be used for farmers' bulletins.
Office of the Inspector General
(including transfers of funds)
For necessary expenses of the Office of the Inspector
General, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and the Inspector General Act of 1978, $65,128,000,
including such sums as may be necessary for contracting
and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector
General Act of 1978, including a sum not to exceed $50,000
for employment under 5 U.S.C. 3109; and including a sum
not to exceed $100,000 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 for fiscal year 1999 and
thereafter, funds transferred to the Office of the
Inspector General through forfeiture proceedings or from
the Department of Justice Assets Forfeiture Fund or the
Department of the Treasury Forfeiture Fund, as a
participating agency, as an equitable share from the
forfeiture of property in investigations in which the
Office of the Inspector General participates, or through
the granting of a Petition for Remission or Mitigation,
shall be deposited to the credit of this account for law
enforcement activities authorized under the Inspector
General Act of 1978, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $29,194,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics
Service, the Agricultural Research Service, and the
Cooperative State Research, Education, and Extension Service,
$540,000.
Economic Research Service
(including transfer of funds)
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627)
and other laws, $65,757,000: Provided, That $2,000,000 shall
be transferred to and merged with the appropriation for
``Food and Nutrition Service, Food Program Administration''
for studies and evaluations: Provided further, That this
appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), the
Census of Agriculture Act of 1997 (Public Law 105-113), and
other laws, $103,964,000, of which up to $23,599,000 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
(including transfers of funds)
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$785,518,000: 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 appropriations hereunder
shall be available for granting easements at the
Beltsville Agricultural Research Center, including an
easement to the University of Maryland to construct the
Transgenic Animal Facility which upon completion shall be
accepted by the Secretary as a gift: Provided further,
That the foregoing limitations shall not apply to
replacement of buildings needed to carry out the Act of
April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose
of establishing or operating any research facility or
research project of the Agricultural Research Service, as
authorized by law.
None of the funds in the foregoing paragraph shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.
In fiscal year 1999, the agency is authorized to charge
fees, commensurate with the fair market value, for any
permit, easement, lease, or other special use authorization
for the occupancy or use of land and facilities (including
land and facilities at the Beltsville Agricultural Research
Center) issued by the agency, as authorized by law, and such
fees shall be credited to this account and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural
research programs of the Department of Agriculture, where not
otherwise provided, $56,437,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That funds may be
received from any State, other political subdivision,
organization, or individual for the purpose of establishing
any research facility of the Agricultural Research Service,
as authorized by law.
Cooperative State Research, Education, and Extension Service
Research and Education Activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, including $180,545,000 to carry into
effect the provisions of the Hatch Act (7 U.S.C. 361a-i);
$21,932,000 for grants for cooperative forestry research (16
U.S.C. 582a-a7); $29,676,000 for payments to the 1890 land-
grant colleges, including Tuskegee University (7 U.S.C.
3222); $63,116,000 for special grants for agricultural
research (7 U.S.C. 450i(c)); $15,048,000 for special grants
for agricultural research on improved pest control (7 U.S.C.
450i(c)); $119,300,000 for competitive research grants (7
U.S.C. 450i(b)); $5,109,000 for the support of animal health
and disease programs (7 U.S.C. 3195); $750,000 for
supplemental and alternative crops and products (7 U.S.C.
3319d); $600,000 for grants for research pursuant to the
Critical Agricultural Materials Act of 1984 (7 U.S.C. 178)
and section 1472 of the Food and Agriculture Act of 1977 (7
U.S.C. 3318), to remain available until expended; $3,000,000
for higher education graduate fellowship grants (7 U.S.C.
3152(b)(6)), to remain available until expended (7 U.S.C.
2209b); $4,350,000 for higher education challenge grants (7
U.S.C. 3152(b)(1)); $1,000,000 for a higher education
multicultural scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,850,000
for an education grants program for Hispanic-serving
Institutions (7 U.S.C. 3241); $500,000 for a secondary
agriculture education program and two-year postsecondary
education (7 U.S.C. 3152 (h)); $4,000,000 for aquaculture
grants (7 U.S.C. 3322); $8,000,000 for sustainable
agriculture research and education (7 U.S.C. 5811);
$9,200,000 for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to colleges eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University, to remain available until
expended (7 U.S.C. 2209b); $1,552,000 for payments to the
1994 Institutions pursuant to section 534(a)(1) of Public Law
103-382; and $10,688,000 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,
$481,216,000.
None of the funds in the foregoing paragraph shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions
endowment fund, as authorized by Public Law 103-382 (7 U.S.C.
301 note), $4,600,000.
Extension Activities
Payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa: For payments for cooperative extension work
under the Smith-Lever Act, to be distributed under sections
3(b) and 3(c) of said Act, and under section 208(c) of Public
Law 93-471, for retirement and employees' compensation costs
for extension agents and for costs of penalty mail for
cooperative extension agents and State extension directors,
$276,548,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C.
343(b)(3)), $2,060,000; payments for the nutrition and
family education program for low-income areas under
section 3(d) of the Act, $58,695,000; payments for the
pest management program under section 3(d) of the Act,
$10,783,000; payments for the farm safety program under
section 3(d) of the Act, $3,000,000; payments for the
pesticide impact assessment program under section 3(d) of
the Act, $3,214,000; payments to upgrade research,
extension, and teaching facilities at the 1890 land-grant
colleges, including Tuskegee University, as authorized by
section 1447 of Public Law 95-113 (7 U.S.C. 3222b),
$8,426,000, 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
[[Page H11046]]
Act, $9,561,000; payments for youth-at-risk programs under
section 3(d) of the Act, $9,000,000; payments for a food
safety program under section 3(d) of the Act, $7,365,000;
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,
$1,714,000; payments for sustainable agriculture programs
under section 3(d) of the Act, $3,309,000; payments for
rural health and safety education as authorized by section
2390 of Public Law 101-624 (7 U.S.C. 2661 note, 2662),
$2,628,000; payments for cooperative extension work by the
colleges receiving the benefits of the second Morrill Act
(7 U.S.C. 321-326 and 328) and Tuskegee University,
$25,843,000; and for Federal administration and
coordination including administration of the Smith-Lever
Act, and the Act of September 29, 1977 (7 U.S.C. 341-349),
and section 1361(c) of the Act of October 3, 1980 (7
U.S.C. 301 note), and to coordinate and provide program
leadership for the extension work of the Department and
the several States and insular possessions, $11,741,000;
in all, $437,987,000: Provided, That funds hereby
appropriated pursuant to section 3(c) of the Act of June
26, 1953, and section 506 of the Act of June 23, 1972,
shall not be paid to any State, the District of Columbia,
Puerto Rico, Guam, or the Virgin Islands, Micronesia,
Northern Marianas, and American Samoa prior to
availability of an equal sum from non-Federal sources for
expenditure during the current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the
Assistant Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress
for the Animal and Plant Health Inspection Service, the
Agricultural Marketing Service, and the Grain Inspection,
Packers and Stockyards Administration, $618,000.
Animal and Plant Health Inspection Service
Salaries and Expenses
(including transfers of funds)
For expenses, not otherwise provided for, including those
pursuant to the Act of February 28, 1947 (21 U.S.C. 114b-c),
necessary to prevent, control, and eradicate pests and plant
and animal diseases; to carry out inspection, quarantine, and
regulatory activities; to discharge the authorities of the
Secretary of Agriculture under the Act of March 2, 1931 (46
Stat. 1468; 7 U.S.C. 426-426b); and to protect the
environment, as authorized by law, $425,803,000, of which
$4,105,000 shall be available for the control of outbreaks of
insects, plant diseases, animal diseases and for control of
pest animals and birds to the extent necessary to meet
emergency conditions: Provided, That no funds shall be used
to formulate or administer a brucellosis eradication program
for the current fiscal year that does not require minimum
matching by the States of at least 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 may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests
of animals, poultry, or plants, and for expenses in
accordance with the Act of February 28, 1947, and section
102 of the Act of September 21, 1944, and any unexpended
balances of funds transferred for such emergency purposes
in the next preceding fiscal year shall be merged with
such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to
law (7 U.S.C. 2250) for the repair and alteration of
leased buildings and improvements, but unless otherwise
provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current
replacement value of the building.
In fiscal year 1999, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal
year 1999, $88,000,000 shall be derived from user fees
deposited in the Agricultural Quarantine Inspection User Fee
Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $7,700,000, to remain available until expended.
Agricultural Marketing Service
Marketing Services
For necessary expenses to carry on services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by
law, and for administration and coordination of payments to
States, including field employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225) and not to exceed $90,000 for employment under 5
U.S.C. 3109, $48,831,000, 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 $60,730,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Appropriations Committees.
Funds for Strengthening Markets, Income, and Supply (Section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c) shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of August
8, 1956; (2) transfers otherwise provided in this Act; and
(3) not more than $10,998,000 for formulation and
administration of marketing agreements and orders pursuant to
the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961.
Payments to States and Possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,200,000.
Grain Inspection, Packers and Stockyards Administration
Salaries and Expenses
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures
used to protect purchasers of farm products, and the
standardization activities related to grain under the
Agricultural Marketing Act of 1946, including field
employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $26,787,000:
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.
limitation on inspection and weighing services expenses
Not to exceed $42,557,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Appropriations
Committees.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws
enacted by the Congress for the Food Safety and Inspection
Service, $446,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
$616,986,000, 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 the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$75,000 shall be available for employment under 5 U.S.C.
3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk
Management Agency, and the Commodity Credit Corporation,
$572,000.
Farm Service Agency
Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm
Service Agency, $714,499,000: 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
[[Page H11047]]
be advanced to and merged with this account: Provided
further, That these funds shall be available for employment
pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$1,000,000 shall be available for employment under 5 U.S.C.
3109.
State Mediation Grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987 (7 U.S.C. 5101-5106), $2,000,000.
Dairy Indemnity Program
(including transfers of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers for milk or cows producing such
milk and manufacturers of dairy products who have been
directed to remove their milk or dairy products from
commercial markets because it contained residues of chemicals
registered and approved for use by the Federal Government,
and in making indemnity payments for milk, or cows producing
such milk, at a fair market value to any dairy farmer who is
directed to remove his milk from commercial markets because
of: (1) the presence of products of nuclear radiation or
fallout if such contamination is not due to the fault of the
farmer; or (2) residues of chemicals or toxic substances not
included under the first sentence of the Act of August 13,
1968 (7 U.S.C. 450j), if such chemicals or toxic substances
were not used in a manner contrary to applicable regulations
or labeling instructions provided at the time of use and the
contamination is not due to the fault of the farmer,
$450,000, to remain available until expended (7 U.S.C.
2209b): Provided, That none of the funds contained in this
Act shall be used to make indemnity payments to any farmer
whose milk was removed from commercial markets as a result of
the farmer's willful failure to follow procedures prescribed
by the Federal Government: Provided further, That this amount
shall be transferred to the Commodity Credit Corporation:
Provided further, That the Secretary is authorized to utilize
the services, facilities, and authorities of the Commodity
Credit Corporation for the purpose of making dairy indemnity
disbursements.
Agricultural Credit Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to
be available from funds in the Agricultural Credit Insurance
Fund, as follows: farm ownership loans, $510,682,000, of
which $425,031,000 shall be for guaranteed loans; operating
loans, $1,648,276,000, of which $948,276,000 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; and for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989,
$100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $19,580,000, of which $6,758,000 shall be for
guaranteed loans; operating loans, $62,630,000, of which
$11,000,000 shall be for unsubsidized guaranteed loans and
$17,480,000 shall be for subsidized guaranteed loans;
Indian tribe land acquisition loans as authorized by 25
U.S.C. 488, $153,000; for emergency insured loans,
$5,900,000 to meet the needs resulting from natural
disasters; and for boll weevil eradication program loans
as authorized by 7 U.S.C. 1989, $1,440,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $219,861,000, of
which $209,861,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Risk Management Agency
For administrative and operating expenses, as authorized by
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 6933), $64,000,000: Provided, That not to exceed $700
shall be available for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act, such sums as may be necessary, to remain
available until expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
reimbursement for net realized losses
For fiscal year 1999, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed (estimated to
be $8,439,000,000 in the President's fiscal year 1999 Budget
Request (H. Doc. 105-177)), but not to exceed $8,439,000,000,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 1999, the Commodity Credit Corporation
shall not expend more than $5,000,000 for expenses to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42
U.S.C. 9607(g), and section 6001 of the Resource Conservation
and Recovery Act, 42 U.S.C. 6961: Provided, That expenses
shall be for operations and maintenance costs only and that
other hazardous waste management costs shall be paid for by
the USDA Hazardous Waste Management appropriation in this
Act.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$693,000.
Natural Resources Conservation Service
Conservation Operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $641,243,000, to remain available
until expended (7 U.S.C. 2209b), of which not less than
$5,990,000 is for snow survey and water forecasting and not
less than $9,025,000 is for operation and establishment of
the plant materials centers: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That this appropriation shall be available for technical
assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado
River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):
Provided further, That no part of this appropriation may
be expended for soil and water conservation operations
under the Act of April 27, 1935 in demonstration projects:
Provided further, That this appropriation shall be
available for employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $25,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That
qualified local engineers may be temporarily employed at
per diem rates to perform the technical planning work of
the Service (16 U.S.C. 590e-2).
Watershed Surveys and Planning
For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in
accordance with the Watershed Protection and Flood Prevention
Act approved August 4, 1954 (16 U.S.C. 1001-1009),
$10,368,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $110,000 shall be available for employment
under 5 U.S.C. 3109.
Watershed and Flood Prevention Operations
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering
operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-
1005 and 1007-1009), the provisions of the Act of April 27,
1935 (16 U.S.C. 590a-f), and in accordance with the
provisions of laws relating to the activities of the
Department, $99,443,000, to remain available until expended
(7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act
approved June 22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)):
Provided, That not to exceed $47,000,000 of this
appropriation shall be available for technical assistance:
Provided further, That this appropriation shall be available
for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $200,000 shall be available for employment under 5
U.S.C. 3109: Provided further, That not to exceed $1,000,000
of this appropriation is available to carry out the purposes
of the Endangered Species Act of 1973 (Public Law 93-205),
including cooperative efforts as contemplated by that Act to
relocate endangered or threatened species to other suitable
habitats as may be necessary to expedite project
construction.
Resource Conservation and Development
For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of section 32(e) of
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1010-1011; 76 Stat. 607), the Act of April 27, 1935 (16
U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16
U.S.C. 3451-3461), $35,000,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That this appropriation
shall be available for employment pursuant
[[Page H11048]]
to the second sentence of section 706(a) of the Organic Act
of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
Forestry Incentives Program
For necessary expenses, not otherwise provided for, to
carry out the program of forestry incentives, as authorized
by the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2101), including technical assistance and related expenses,
$6,325,000, to remain available until expended, as authorized
by that Act.
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the
Rural Utilities Service of the Department of Agriculture,
$588,000.
Rural Community Advancement Program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932,
except for sections 381E-H, 381N, and 381O of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009f),
$722,686,000, to remain available until expended, of which
$29,786,000 shall be for rural community programs described
in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act; of which $645,007,000 shall be for the rural
utilities programs described in section 381E(d)(2) of such
Act, as provided in 7 U.S.C. 1926(a) and 7 U.S.C. 1926C; and
of which $47,893,000 shall be for the rural business and
cooperative development programs described in section
381E(d)(3) of such Act: Provided, That of the amount
appropriated for the rural business and cooperative
development programs, not to exceed $500,000 shall be made
available for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further, That
not to exceed $16,215,000 shall be for technical assistance
grants for rural waste systems pursuant to section 306(a)(14)
of such Act; and not to exceed $5,300,000 shall be for
contracting with qualified national organizations for a
circuit rider program to provide technical assistance for
rural water systems: Provided further, That of the total
amount appropriated, not to exceed $33,926,000 shall be
available through June 30, 1999, for empowerment zones and
enterprise communities, as authorized by Public Law 103-66,
of which $1,844,000 shall be for rural community programs
described in section 381E(d)(1) of such Act; of which
$23,948,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act; of which
$8,134,000 shall be for the rural business and cooperative
development programs described in section 381E(d)(3) of such
Act.
Rural Housing Service
Rural Housing Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $3,965,313,000 for loans to
section 502 borrowers, as determined by the Secretary, of
which $3,000,000,000 shall be for unsubsidized guaranteed
loans; $25,001,000 for section 504 housing repair loans;
$100,000,000 for section 538 guaranteed multi-family housing
loans; $20,000,000 for section 514 farm labor housing;
$114,321,000 for section 515 rental housing; $5,152,000 for
section 524 site loans; $16,930,000 for credit sales of
acquired property, of which up to $5,001,000 may be for
multi-family credit sales; and $5,000,000 for section 523
self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $116,800,000, of which $2,700,000 shall be for
unsubsidized guaranteed loans; section 504 housing repair
loans, $8,808,000; section 538 multi-family housing
guaranteed loans, $2,320,000; section 514 farm labor housing,
$10,406,000; section 515 rental housing, $55,160,000; section
524 site loans, $17,000; credit sales of acquired property,
$3,492,000, of which up to $2,416,000 may be for multi-family
credit sales; and section 523 self-help housing land
development loans, $282,000: Provided, That of the total
amount appropriated in this paragraph, $10,380,000 shall
be for empowerment zones and enterprise communities, as
authorized by Public Law 103-66: Provided further, That if
such funds are not obligated for empowerment zones and
enterprise communities by June 30, 1999, they shall remain
available for other authorized purposes under this head.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $360,785,000,
which shall be transferred to and merged with the
appropriation for ``Rural Housing Service, Salaries and
Expenses''.
Rental Assistance Program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $583,397,000; and,
in addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That of
this amount, not more than $5,900,000 shall be available for
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to
exceed $10,000 per project for advances to nonprofit
organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant
to section 502(c)(5)(C) of the Act: Provided further, That
agreements entered into or renewed during fiscal year 1999
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): Provided,
That of the total amount appropriated, $1,000,000 shall be
for empowerment zones and enterprise communities, as
authorized by Public Law 103-66: Provided further, That if
such funds are not obligated for empowerment zones and
enterprise communities by June 30, 1999, they shall remain
available for other authorized purposes under this head.
Rural Housing Assistance Grants
For grants and contracts for housing for domestic farm
labor, very low-income housing repair, supervisory and
technical assistance, compensation for construction defects,
and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1486,
1490e, and 1490m, $41,000,000, to remain available until
expended: Provided, That of the total amount appropriated,
$1,200,000 shall be for empowerment zones and enterprise
communities, as authorized by Public Law 103-66: Provided
further, That if such funds are not obligated for empowerment
zones and enterprise communities by June 30, 1999, they shall
remain available for other authorized purposes under this
head.
Salaries and Expenses
For necessary expenses of the Rural Housing Service,
including administering the programs authorized by the
Consolidated Farm and Rural Development Act, title V of the
Housing Act of 1949, and cooperative agreements, $60,978,000:
Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$520,000 may be used for employment under 5 U.S.C. 3109:
Provided further, That the Administrator may expend not more
than $10,000 to provide modest nonmonetary awards to non-USDA
employees.
Rural Business-Cooperative Service
Rural Development Loan Fund Program Account
(including transfers of funds)
For the cost of direct loans, $16,615,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)):
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations
for the principal amount of direct loans of $33,000,000:
Provided further, That through June 30, 1999, of the total
amount appropriated, $3,215,520 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: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities
by June 30, 1999, they shall remain available for other
authorized purposes under this head.
In addition, for administrative expenses to carry out the
direct loan programs, $3,482,000 shall be transferred to and
merged with the appropriation for ``Rural Business-
Cooperative Service, Salaries and Expenses''.
Rural Economic Development Loans Program Account
(including transfers of funds)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $15,000,000.
For the cost of direct loans, including the cost of
modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, $3,783,000.
Of the funds derived from interest on the cushion of credit
payments in fiscal year 1999, as authorized by section 313 of
the Rural Electrification Act of 1936, $3,783,000 shall not
be obligated and $3,783,000 are rescinded.
Rural Cooperative Development Grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $3,300,000, of which
$1,300,000 shall be available for cooperative agreements for
the appropriate technology transfer for rural areas program
and $250,000 shall be available for an agribusiness and
cooperative development program.
Salaries and Expenses
For necessary expenses of the Rural Business-Cooperative
Service, including administering the programs authorized by
the Consolidated Farm and Rural Development Act; section 1323
of the Food Security Act of 1985; the Cooperative Marketing
Act of 1926; for activities relating to the marketing aspects
of cooperatives, including economic research findings, as
authorized by the Agricultural Marketing Act of 1946; for
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $25,680,000: Provided, That this appropriation
shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
[[Page H11049]]
U.S.C. 2225), and not to exceed $260,000 may be used for
employment under 5 U.S.C. 3109.
Alternative Agricultural Research and Commercialization Corporation
Revolving Fund
For necessary expenses to carry out the Alternative
Agricultural Research and Commercialization Act of 1990 (7
U.S.C. 5901-5908), $3,500,000 is appropriated to the
Alternative Agricultural Research and Commercialization
Corporation Revolving Fund.
Rural Utilities Service
Rural Electrification and Telecommunications Loans Program Account
(including transfers of funds)
Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$71,500,000; 5 percent rural telecommunications loans,
$75,000,000; cost of money rural telecommunications loans,
$300,000,000; municipal rate rural electric loans,
$295,000,000; and loans made pursuant to section 306 of that
Act, rural electric, $700,000,000 and rural
telecommunications, $120,000,000, to remain available
until expended.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936),
as follows: cost of direct loans, $16,667,000; cost of
municipal rate loans, $25,842,000; cost of money rural
telecommunications loans, $810,000: 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 administra
Major Actions:
All articles in House section
CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999
(House of Representatives - October 19, 1998)
Text of this article available as:
[Pages H11044-H11545]
CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND
EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999
Mr. LIVINGSTON submitted the following conference report and
statement on the bill (H.R. 4328) making omnibus consolidated and
emergency supplemental appropriations for fiscal year 1999:
Conference Report (H. Rept. 825)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4328) ``making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1999, and for other purposes'', having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the several
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 1999, and for
other purposes, namely:
Sec. 101(a). For programs, projects or activities in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999, provided as
follows, to be effective as if it had been enacted into law
as the regular appropriations Act:
An act making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies for the fiscal year ending September 30, 1999, and
for other purposes.
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5
U.S.C. 3109, $2,836,000: Provided, That not to exceed $11,000
of this amount, along with any unobligated balances of
representation funds in the Foreign Agricultural Service,
shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the
Secretary: Provided further, That none of the funds
appropriated or otherwise made available by this Act may be
used to pay the salaries and expenses of personnel of the
Department of Agriculture to carry out section 793(c)(1)(C)
of Public Law 104-127: Provided further, That none of the
funds made available by this Act may be used to enforce
section 793(d) of Public Law 104-127.
Executive Operations
chief economist
For necessary expenses of the Chief Economist, including
economic analysis, risk assessment, cost-benefit analysis,
and the functions of the World Agricultural Outlook Board, as
authorized by the Agricultural Marketing Act of 1946 (7
U.S.C. 1622g), and including employment pursuant to the
second sentence of section 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, $5,620,000.
national appeals division
For necessary expenses of the National Appeals Division,
including employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $25,000 is for employment under 5 U.S.C.
3109, $11,718,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program
Analysis, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $6,120,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, including employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944
(7 U.S.C. 2225), of which not to exceed $10,000 is for
employment under 5 U.S.C. 3109, $5,551,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
of which not to exceed $10,000 is for employment under 5
U.S.C. 3109, $4,283,000: Provided, That the Chief Financial
Officer shall actively market cross-servicing activities of
the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration to carry out the
programs funded by this Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for the operation, maintenance, and
repair of Agriculture buildings, $132,184,000: 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, $5,000,000, to remain available until
expended; making a total appropriation of $137,184,000.
Hazardous Waste Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the requirement of section 107(g) of the
Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9607(g), and section 6001 of the
Resource Conservation and Recovery Act, 42 U.S.C. 6961,
$15,700,000, to remain available until expended: Provided,
That appropriations and funds available herein to the
Department for Hazardous Waste Management may be transferred
to any agency of the Department for its use in meeting all
requirements pursuant to the above Acts on Federal and non-
Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $32,168,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration and
disaster management of the Department, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department, including employment
pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109: Provided, That
this appropriation shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
Outreach for Socially Disadvantaged Farmers
For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $3,000,000, to remain available until expended.
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,668,000: Provided, That no other funds
appropriated to the Department by this Act shall be available
to the Department for support of activities of congressional
relations: Provided further, That not less than $2,241,000
shall be transferred to agencies funded by this Act to
maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the
dissemination of agricultural information, and the
coordination of information, work, and programs authorized by
Congress in the Department, $8,138,000, including employment
pursuant to the second sentence
[[Page H11045]]
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
of which not to exceed $10,000 shall be available for
employment under 5 U.S.C. 3109, and not to exceed $2,000,000
may be used for farmers' bulletins.
Office of the Inspector General
(including transfers of funds)
For necessary expenses of the Office of the Inspector
General, including employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and the Inspector General Act of 1978, $65,128,000,
including such sums as may be necessary for contracting
and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector
General Act of 1978, including a sum not to exceed $50,000
for employment under 5 U.S.C. 3109; and including a sum
not to exceed $100,000 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 for fiscal year 1999 and
thereafter, funds transferred to the Office of the
Inspector General through forfeiture proceedings or from
the Department of Justice Assets Forfeiture Fund or the
Department of the Treasury Forfeiture Fund, as a
participating agency, as an equitable share from the
forfeiture of property in investigations in which the
Office of the Inspector General participates, or through
the granting of a Petition for Remission or Mitigation,
shall be deposited to the credit of this account for law
enforcement activities authorized under the Inspector
General Act of 1978, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $29,194,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics
Service, the Agricultural Research Service, and the
Cooperative State Research, Education, and Extension Service,
$540,000.
Economic Research Service
(including transfer of funds)
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627)
and other laws, $65,757,000: Provided, That $2,000,000 shall
be transferred to and merged with the appropriation for
``Food and Nutrition Service, Food Program Administration''
for studies and evaluations: Provided further, That this
appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), the
Census of Agriculture Act of 1997 (Public Law 105-113), and
other laws, $103,964,000, of which up to $23,599,000 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
(including transfers of funds)
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$785,518,000: 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 appropriations hereunder
shall be available for granting easements at the
Beltsville Agricultural Research Center, including an
easement to the University of Maryland to construct the
Transgenic Animal Facility which upon completion shall be
accepted by the Secretary as a gift: Provided further,
That the foregoing limitations shall not apply to
replacement of buildings needed to carry out the Act of
April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose
of establishing or operating any research facility or
research project of the Agricultural Research Service, as
authorized by law.
None of the funds in the foregoing paragraph shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.
In fiscal year 1999, the agency is authorized to charge
fees, commensurate with the fair market value, for any
permit, easement, lease, or other special use authorization
for the occupancy or use of land and facilities (including
land and facilities at the Beltsville Agricultural Research
Center) issued by the agency, as authorized by law, and such
fees shall be credited to this account and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural
research programs of the Department of Agriculture, where not
otherwise provided, $56,437,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That funds may be
received from any State, other political subdivision,
organization, or individual for the purpose of establishing
any research facility of the Agricultural Research Service,
as authorized by law.
Cooperative State Research, Education, and Extension Service
Research and Education Activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, including $180,545,000 to carry into
effect the provisions of the Hatch Act (7 U.S.C. 361a-i);
$21,932,000 for grants for cooperative forestry research (16
U.S.C. 582a-a7); $29,676,000 for payments to the 1890 land-
grant colleges, including Tuskegee University (7 U.S.C.
3222); $63,116,000 for special grants for agricultural
research (7 U.S.C. 450i(c)); $15,048,000 for special grants
for agricultural research on improved pest control (7 U.S.C.
450i(c)); $119,300,000 for competitive research grants (7
U.S.C. 450i(b)); $5,109,000 for the support of animal health
and disease programs (7 U.S.C. 3195); $750,000 for
supplemental and alternative crops and products (7 U.S.C.
3319d); $600,000 for grants for research pursuant to the
Critical Agricultural Materials Act of 1984 (7 U.S.C. 178)
and section 1472 of the Food and Agriculture Act of 1977 (7
U.S.C. 3318), to remain available until expended; $3,000,000
for higher education graduate fellowship grants (7 U.S.C.
3152(b)(6)), to remain available until expended (7 U.S.C.
2209b); $4,350,000 for higher education challenge grants (7
U.S.C. 3152(b)(1)); $1,000,000 for a higher education
multicultural scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,850,000
for an education grants program for Hispanic-serving
Institutions (7 U.S.C. 3241); $500,000 for a secondary
agriculture education program and two-year postsecondary
education (7 U.S.C. 3152 (h)); $4,000,000 for aquaculture
grants (7 U.S.C. 3322); $8,000,000 for sustainable
agriculture research and education (7 U.S.C. 5811);
$9,200,000 for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to colleges eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University, to remain available until
expended (7 U.S.C. 2209b); $1,552,000 for payments to the
1994 Institutions pursuant to section 534(a)(1) of Public Law
103-382; and $10,688,000 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,
$481,216,000.
None of the funds in the foregoing paragraph shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions
endowment fund, as authorized by Public Law 103-382 (7 U.S.C.
301 note), $4,600,000.
Extension Activities
Payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, Northern Marianas, and
American Samoa: For payments for cooperative extension work
under the Smith-Lever Act, to be distributed under sections
3(b) and 3(c) of said Act, and under section 208(c) of Public
Law 93-471, for retirement and employees' compensation costs
for extension agents and for costs of penalty mail for
cooperative extension agents and State extension directors,
$276,548,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C.
343(b)(3)), $2,060,000; payments for the nutrition and
family education program for low-income areas under
section 3(d) of the Act, $58,695,000; payments for the
pest management program under section 3(d) of the Act,
$10,783,000; payments for the farm safety program under
section 3(d) of the Act, $3,000,000; payments for the
pesticide impact assessment program under section 3(d) of
the Act, $3,214,000; payments to upgrade research,
extension, and teaching facilities at the 1890 land-grant
colleges, including Tuskegee University, as authorized by
section 1447 of Public Law 95-113 (7 U.S.C. 3222b),
$8,426,000, 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
[[Page H11046]]
Act, $9,561,000; payments for youth-at-risk programs under
section 3(d) of the Act, $9,000,000; payments for a food
safety program under section 3(d) of the Act, $7,365,000;
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,
$1,714,000; payments for sustainable agriculture programs
under section 3(d) of the Act, $3,309,000; payments for
rural health and safety education as authorized by section
2390 of Public Law 101-624 (7 U.S.C. 2661 note, 2662),
$2,628,000; payments for cooperative extension work by the
colleges receiving the benefits of the second Morrill Act
(7 U.S.C. 321-326 and 328) and Tuskegee University,
$25,843,000; and for Federal administration and
coordination including administration of the Smith-Lever
Act, and the Act of September 29, 1977 (7 U.S.C. 341-349),
and section 1361(c) of the Act of October 3, 1980 (7
U.S.C. 301 note), and to coordinate and provide program
leadership for the extension work of the Department and
the several States and insular possessions, $11,741,000;
in all, $437,987,000: Provided, That funds hereby
appropriated pursuant to section 3(c) of the Act of June
26, 1953, and section 506 of the Act of June 23, 1972,
shall not be paid to any State, the District of Columbia,
Puerto Rico, Guam, or the Virgin Islands, Micronesia,
Northern Marianas, and American Samoa prior to
availability of an equal sum from non-Federal sources for
expenditure during the current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the
Assistant Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress
for the Animal and Plant Health Inspection Service, the
Agricultural Marketing Service, and the Grain Inspection,
Packers and Stockyards Administration, $618,000.
Animal and Plant Health Inspection Service
Salaries and Expenses
(including transfers of funds)
For expenses, not otherwise provided for, including those
pursuant to the Act of February 28, 1947 (21 U.S.C. 114b-c),
necessary to prevent, control, and eradicate pests and plant
and animal diseases; to carry out inspection, quarantine, and
regulatory activities; to discharge the authorities of the
Secretary of Agriculture under the Act of March 2, 1931 (46
Stat. 1468; 7 U.S.C. 426-426b); and to protect the
environment, as authorized by law, $425,803,000, of which
$4,105,000 shall be available for the control of outbreaks of
insects, plant diseases, animal diseases and for control of
pest animals and birds to the extent necessary to meet
emergency conditions: Provided, That no funds shall be used
to formulate or administer a brucellosis eradication program
for the current fiscal year that does not require minimum
matching by the States of at least 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 may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests
of animals, poultry, or plants, and for expenses in
accordance with the Act of February 28, 1947, and section
102 of the Act of September 21, 1944, and any unexpended
balances of funds transferred for such emergency purposes
in the next preceding fiscal year shall be merged with
such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to
law (7 U.S.C. 2250) for the repair and alteration of
leased buildings and improvements, but unless otherwise
provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current
replacement value of the building.
In fiscal year 1999, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal
year 1999, $88,000,000 shall be derived from user fees
deposited in the Agricultural Quarantine Inspection User Fee
Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $7,700,000, to remain available until expended.
Agricultural Marketing Service
Marketing Services
For necessary expenses to carry on services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by
law, and for administration and coordination of payments to
States, including field employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225) and not to exceed $90,000 for employment under 5
U.S.C. 3109, $48,831,000, 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 $60,730,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Appropriations Committees.
Funds for Strengthening Markets, Income, and Supply (Section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c) shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of August
8, 1956; (2) transfers otherwise provided in this Act; and
(3) not more than $10,998,000 for formulation and
administration of marketing agreements and orders pursuant to
the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961.
Payments to States and Possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,200,000.
Grain Inspection, Packers and Stockyards Administration
Salaries and Expenses
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures
used to protect purchasers of farm products, and the
standardization activities related to grain under the
Agricultural Marketing Act of 1946, including field
employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $26,787,000:
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.
limitation on inspection and weighing services expenses
Not to exceed $42,557,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Appropriations
Committees.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws
enacted by the Congress for the Food Safety and Inspection
Service, $446,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
$616,986,000, 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 the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$75,000 shall be available for employment under 5 U.S.C.
3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk
Management Agency, and the Commodity Credit Corporation,
$572,000.
Farm Service Agency
Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm
Service Agency, $714,499,000: 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
[[Page H11047]]
be advanced to and merged with this account: Provided
further, That these funds shall be available for employment
pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$1,000,000 shall be available for employment under 5 U.S.C.
3109.
State Mediation Grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987 (7 U.S.C. 5101-5106), $2,000,000.
Dairy Indemnity Program
(including transfers of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers for milk or cows producing such
milk and manufacturers of dairy products who have been
directed to remove their milk or dairy products from
commercial markets because it contained residues of chemicals
registered and approved for use by the Federal Government,
and in making indemnity payments for milk, or cows producing
such milk, at a fair market value to any dairy farmer who is
directed to remove his milk from commercial markets because
of: (1) the presence of products of nuclear radiation or
fallout if such contamination is not due to the fault of the
farmer; or (2) residues of chemicals or toxic substances not
included under the first sentence of the Act of August 13,
1968 (7 U.S.C. 450j), if such chemicals or toxic substances
were not used in a manner contrary to applicable regulations
or labeling instructions provided at the time of use and the
contamination is not due to the fault of the farmer,
$450,000, to remain available until expended (7 U.S.C.
2209b): Provided, That none of the funds contained in this
Act shall be used to make indemnity payments to any farmer
whose milk was removed from commercial markets as a result of
the farmer's willful failure to follow procedures prescribed
by the Federal Government: Provided further, That this amount
shall be transferred to the Commodity Credit Corporation:
Provided further, That the Secretary is authorized to utilize
the services, facilities, and authorities of the Commodity
Credit Corporation for the purpose of making dairy indemnity
disbursements.
Agricultural Credit Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to
be available from funds in the Agricultural Credit Insurance
Fund, as follows: farm ownership loans, $510,682,000, of
which $425,031,000 shall be for guaranteed loans; operating
loans, $1,648,276,000, of which $948,276,000 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; and for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989,
$100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $19,580,000, of which $6,758,000 shall be for
guaranteed loans; operating loans, $62,630,000, of which
$11,000,000 shall be for unsubsidized guaranteed loans and
$17,480,000 shall be for subsidized guaranteed loans;
Indian tribe land acquisition loans as authorized by 25
U.S.C. 488, $153,000; for emergency insured loans,
$5,900,000 to meet the needs resulting from natural
disasters; and for boll weevil eradication program loans
as authorized by 7 U.S.C. 1989, $1,440,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $219,861,000, of
which $209,861,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Risk Management Agency
For administrative and operating expenses, as authorized by
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 6933), $64,000,000: Provided, That not to exceed $700
shall be available for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act, such sums as may be necessary, to remain
available until expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
reimbursement for net realized losses
For fiscal year 1999, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed (estimated to
be $8,439,000,000 in the President's fiscal year 1999 Budget
Request (H. Doc. 105-177)), but not to exceed $8,439,000,000,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).
operations and maintenance for hazardous waste management
For fiscal year 1999, the Commodity Credit Corporation
shall not expend more than $5,000,000 for expenses to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42
U.S.C. 9607(g), and section 6001 of the Resource Conservation
and Recovery Act, 42 U.S.C. 6961: Provided, That expenses
shall be for operations and maintenance costs only and that
other hazardous waste management costs shall be paid for by
the USDA Hazardous Waste Management appropriation in this
Act.
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$693,000.
Natural Resources Conservation Service
Conservation Operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $641,243,000, to remain available
until expended (7 U.S.C. 2209b), of which not less than
$5,990,000 is for snow survey and water forecasting and not
less than $9,025,000 is for operation and establishment of
the plant materials centers: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That this appropriation shall be available for technical
assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado
River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):
Provided further, That no part of this appropriation may
be expended for soil and water conservation operations
under the Act of April 27, 1935 in demonstration projects:
Provided further, That this appropriation shall be
available for employment pursuant to the second sentence
of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $25,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That
qualified local engineers may be temporarily employed at
per diem rates to perform the technical planning work of
the Service (16 U.S.C. 590e-2).
Watershed Surveys and Planning
For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in
accordance with the Watershed Protection and Flood Prevention
Act approved August 4, 1954 (16 U.S.C. 1001-1009),
$10,368,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $110,000 shall be available for employment
under 5 U.S.C. 3109.
Watershed and Flood Prevention Operations
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering
operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-
1005 and 1007-1009), the provisions of the Act of April 27,
1935 (16 U.S.C. 590a-f), and in accordance with the
provisions of laws relating to the activities of the
Department, $99,443,000, to remain available until expended
(7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act
approved June 22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)):
Provided, That not to exceed $47,000,000 of this
appropriation shall be available for technical assistance:
Provided further, That this appropriation shall be available
for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $200,000 shall be available for employment under 5
U.S.C. 3109: Provided further, That not to exceed $1,000,000
of this appropriation is available to carry out the purposes
of the Endangered Species Act of 1973 (Public Law 93-205),
including cooperative efforts as contemplated by that Act to
relocate endangered or threatened species to other suitable
habitats as may be necessary to expedite project
construction.
Resource Conservation and Development
For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of section 32(e) of
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1010-1011; 76 Stat. 607), the Act of April 27, 1935 (16
U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16
U.S.C. 3451-3461), $35,000,000, to remain available until
expended (7 U.S.C. 2209b): Provided, That this appropriation
shall be available for employment pursuant
[[Page H11048]]
to the second sentence of section 706(a) of the Organic Act
of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
Forestry Incentives Program
For necessary expenses, not otherwise provided for, to
carry out the program of forestry incentives, as authorized
by the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2101), including technical assistance and related expenses,
$6,325,000, to remain available until expended, as authorized
by that Act.
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the
Rural Utilities Service of the Department of Agriculture,
$588,000.
Rural Community Advancement Program
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932,
except for sections 381E-H, 381N, and 381O of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009f),
$722,686,000, to remain available until expended, of which
$29,786,000 shall be for rural community programs described
in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act; of which $645,007,000 shall be for the rural
utilities programs described in section 381E(d)(2) of such
Act, as provided in 7 U.S.C. 1926(a) and 7 U.S.C. 1926C; and
of which $47,893,000 shall be for the rural business and
cooperative development programs described in section
381E(d)(3) of such Act: Provided, That of the amount
appropriated for the rural business and cooperative
development programs, not to exceed $500,000 shall be made
available for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further, That
not to exceed $16,215,000 shall be for technical assistance
grants for rural waste systems pursuant to section 306(a)(14)
of such Act; and not to exceed $5,300,000 shall be for
contracting with qualified national organizations for a
circuit rider program to provide technical assistance for
rural water systems: Provided further, That of the total
amount appropriated, not to exceed $33,926,000 shall be
available through June 30, 1999, for empowerment zones and
enterprise communities, as authorized by Public Law 103-66,
of which $1,844,000 shall be for rural community programs
described in section 381E(d)(1) of such Act; of which
$23,948,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act; of which
$8,134,000 shall be for the rural business and cooperative
development programs described in section 381E(d)(3) of such
Act.
Rural Housing Service
Rural Housing Insurance Fund Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $3,965,313,000 for loans to
section 502 borrowers, as determined by the Secretary, of
which $3,000,000,000 shall be for unsubsidized guaranteed
loans; $25,001,000 for section 504 housing repair loans;
$100,000,000 for section 538 guaranteed multi-family housing
loans; $20,000,000 for section 514 farm labor housing;
$114,321,000 for section 515 rental housing; $5,152,000 for
section 524 site loans; $16,930,000 for credit sales of
acquired property, of which up to $5,001,000 may be for
multi-family credit sales; and $5,000,000 for section 523
self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $116,800,000, of which $2,700,000 shall be for
unsubsidized guaranteed loans; section 504 housing repair
loans, $8,808,000; section 538 multi-family housing
guaranteed loans, $2,320,000; section 514 farm labor housing,
$10,406,000; section 515 rental housing, $55,160,000; section
524 site loans, $17,000; credit sales of acquired property,
$3,492,000, of which up to $2,416,000 may be for multi-family
credit sales; and section 523 self-help housing land
development loans, $282,000: Provided, That of the total
amount appropriated in this paragraph, $10,380,000 shall
be for empowerment zones and enterprise communities, as
authorized by Public Law 103-66: Provided further, That if
such funds are not obligated for empowerment zones and
enterprise communities by June 30, 1999, they shall remain
available for other authorized purposes under this head.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $360,785,000,
which shall be transferred to and merged with the
appropriation for ``Rural Housing Service, Salaries and
Expenses''.
Rental Assistance Program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $583,397,000; and,
in addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That of
this amount, not more than $5,900,000 shall be available for
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to
exceed $10,000 per project for advances to nonprofit
organizations or public agencies to cover direct costs (other
than purchase price) incurred in purchasing projects pursuant
to section 502(c)(5)(C) of the Act: Provided further, That
agreements entered into or renewed during fiscal year 1999
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): Provided,
That of the total amount appropriated, $1,000,000 shall be
for empowerment zones and enterprise communities, as
authorized by Public Law 103-66: Provided further, That if
such funds are not obligated for empowerment zones and
enterprise communities by June 30, 1999, they shall remain
available for other authorized purposes under this head.
Rural Housing Assistance Grants
For grants and contracts for housing for domestic farm
labor, very low-income housing repair, supervisory and
technical assistance, compensation for construction defects,
and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1486,
1490e, and 1490m, $41,000,000, to remain available until
expended: Provided, That of the total amount appropriated,
$1,200,000 shall be for empowerment zones and enterprise
communities, as authorized by Public Law 103-66: Provided
further, That if such funds are not obligated for empowerment
zones and enterprise communities by June 30, 1999, they shall
remain available for other authorized purposes under this
head.
Salaries and Expenses
For necessary expenses of the Rural Housing Service,
including administering the programs authorized by the
Consolidated Farm and Rural Development Act, title V of the
Housing Act of 1949, and cooperative agreements, $60,978,000:
Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$520,000 may be used for employment under 5 U.S.C. 3109:
Provided further, That the Administrator may expend not more
than $10,000 to provide modest nonmonetary awards to non-USDA
employees.
Rural Business-Cooperative Service
Rural Development Loan Fund Program Account
(including transfers of funds)
For the cost of direct loans, $16,615,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)):
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations
for the principal amount of direct loans of $33,000,000:
Provided further, That through June 30, 1999, of the total
amount appropriated, $3,215,520 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: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities
by June 30, 1999, they shall remain available for other
authorized purposes under this head.
In addition, for administrative expenses to carry out the
direct loan programs, $3,482,000 shall be transferred to and
merged with the appropriation for ``Rural Business-
Cooperative Service, Salaries and Expenses''.
Rural Economic Development Loans Program Account
(including transfers of funds)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $15,000,000.
For the cost of direct loans, including the cost of
modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, $3,783,000.
Of the funds derived from interest on the cushion of credit
payments in fiscal year 1999, as authorized by section 313 of
the Rural Electrification Act of 1936, $3,783,000 shall not
be obligated and $3,783,000 are rescinded.
Rural Cooperative Development Grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $3,300,000, of which
$1,300,000 shall be available for cooperative agreements for
the appropriate technology transfer for rural areas program
and $250,000 shall be available for an agribusiness and
cooperative development program.
Salaries and Expenses
For necessary expenses of the Rural Business-Cooperative
Service, including administering the programs authorized by
the Consolidated Farm and Rural Development Act; section 1323
of the Food Security Act of 1985; the Cooperative Marketing
Act of 1926; for activities relating to the marketing aspects
of cooperatives, including economic research findings, as
authorized by the Agricultural Marketing Act of 1946; for
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $25,680,000: Provided, That this appropriation
shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
[[Page H11049]]
U.S.C. 2225), and not to exceed $260,000 may be used for
employment under 5 U.S.C. 3109.
Alternative Agricultural Research and Commercialization Corporation
Revolving Fund
For necessary expenses to carry out the Alternative
Agricultural Research and Commercialization Act of 1990 (7
U.S.C. 5901-5908), $3,500,000 is appropriated to the
Alternative Agricultural Research and Commercialization
Corporation Revolving Fund.
Rural Utilities Service
Rural Electrification and Telecommunications Loans Program Account
(including transfers of funds)
Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$71,500,000; 5 percent rural telecommunications loans,
$75,000,000; cost of money rural telecommunications loans,
$300,000,000; municipal rate rural electric loans,
$295,000,000; and loans made pursuant to section 306 of that
Act, rural electric, $700,000,000 and rural
telecommunications, $120,000,000, to remain available
until expended.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936),
as follows: cost of direct loans, $16,667,000; cost of
municipal rate loans, $25,842,000; cost of money rural
telecommunications loans, $810,000: 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
