[Congressional Record: October 19, 1998 (House)]
[Page H11044-H11094]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr19oc98-27]
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
fo