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P.L. 105-277

[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