Home > 106th Congressional Bills > S. 1234 (pcs) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2000, and for other purposes. [Placed on Calendar Senate] ...S. 1234 (pcs) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2000, and for other purposes. [Placed on Calendar Senate] ...
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act
of 1990.
Sec. 718. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants: Provided, That interagency funding is
authorized to carry out the purposes of the National Drought Policy
Commission.
Sec. 719. None of the funds appropriated in this Act may be used to
carry out the provisions of section 918 of Public Law 104-127, the
Federal Agriculture Improvement and Reform Act.
Sec. 720. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 721. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to transmit or
otherwise make available to any non-Department of Agriculture employee
questions or responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 722. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without the prior approval of the Committee
on Appropriations of both Houses of Congress.
Sec. 723. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2000, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates
a program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been denied
or restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes
any functions or activities presently performed by Federal employees;
unless the Committee on Appropriations of both Houses of Congress are
notified fifteen days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2000, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committee on Appropriations of both Houses of Congress are
notified fifteen days in advance of such reprogramming of funds.
Sec. 724. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to pay the salaries
and expenses of personnel to carry out the transfer or obligation of
fiscal year 2000 funds under the provisions of section 793 of Public
Law 104-127.
Sec. 725. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel who carry out an environmental quality incentives program
authorized by sections 334-341 of Public Law 104-127 in excess of
$174,000,000.
Sec. 726. None of the funds appropriated or otherwise available to
the Department of Agriculture in fiscal year 2000 or thereafter may be
used to administer the provision of contract payments to a producer
under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.)
for contract acreage on which wild rice is planted unless the contract
payment is reduced by an acre for each contract acre planted to wild
rice.
Sec. 727. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel to enroll in excess of 180,000 acres in the fiscal year 2000
wetlands reserve program as authorized by 16 U.S.C. 3837.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel to carry out the emergency food assistance program authorized
by section 27(a) of the Food Stamp Act if such program exceeds
$97,000,000.
Sec. 729. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the transfer or obligation of
fiscal year 2000 funds under the provisions of section 401 of Public
Law 105-185 in excess of $50,000,000.
Sec. 730. Notwithstanding section 381A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009), in fiscal year 2000 and
thereafter, the definitions of rural areas for certain business
programs administered by the Rural Business-Cooperative Service and the
community facilities programs administered by the Rural Housing Service
shall be those provided for in statute and regulations prior to the
enactment of Public Law 104-127.
Sec. 731. None of the funds appropriated or otherwise made
available by this Act shall be used to carry out any commodity purchase
program that would prohibit eligibility or participation by farmer-
owned cooperatives.
Sec. 732. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel to carry out a conservation farm option program, as
authorized by section 335 of Public Law 104-127.
Sec. 733. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis in St. Louis, Missouri.
Sec. 734. None of the funds made available by this Act or any other
Act for any fiscal year may be used to carry out section 302(h) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h)) unless the
Secretary of Agriculture inspects and certifies agricultural processing
equipment, and imposes a fee for the inspection and certification, in a
manner that is similar to the inspection and certification of
agricultural products under that section, as determined by the
Secretary: Provided, That this provision shall not affect the authority
of the Secretary to carry out the Federal Meat Inspection Act (21
U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451
et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).
Sec. 735. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to user
fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the users fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2001 appropriations Act.
Sec. 736. None of the funds appropriated or otherwise made
available by this Act shall be used to establish an Office of Community
Food Security or any similar office within the United States Department
of Agriculture without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 737. None of the funds appropriated or otherwise made
available by this or any other Act may be used to carry out provision
of section 612 of Public Law 105-185.
Sec. 738. Notwithstanding any other provision of law, in fiscal
year 2000 and thereafter, permanent employees of county committees
employed on or after October 1, 1998, pursuant to 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be
considered as having Federal Civil Service status only for the purpose
of applying for the United States Department of Agriculture Civil
Service vacancies.
Sec. 739. Notwithstanding any other provision of law, with regard
to the lands and facilities owned by the federal government and
administered by the Secretary of Agriculture at Fort Reno, Oklahoma,
the Secretary shall not, at any time hereafter without specific
authorization of Congress: (1) declare all or any part of such lands or
facilities as excess or surplus, or (2) transfer or convey all or any
part of such lands or facilities.
Sec. 740. The Chief of the Natural Resources Conservation Service
shall redistribute funds to apply toward a Public Law 566 watershed
project closeout using A-102 authority for settlement costs of this
project in Mississippi.
Sec. 741. (a) Not later than 180 days after the date of enactment
of this Act, the Secretary of Agriculture shall offer to enter into an
agreement with the Governor of the State of Hawaii to conduct a pilot
program to inspect mail entering the State of Hawaii for any plant,
plant product, plant pest, or other organism that is subject to Federal
quarantine laws.
(b) The agreement described in subsection (a) shall contain the
same terms and conditions as are contained in the memorandum of
understanding entered into between the Secretary and the State of
California, dated February 1, 1999, unless the Secretary and the
Governor agree to different terms or conditions.
(c) Unless the Secretary and the Governor agree otherwise, the
agreement described in subsection (b) shall terminate on the later of--
(A) the date that is 1 year after the date the agreement
becomes effective; or
(B) the date that the February 1, 1999 memorandum of
understanding terminates.
Sec. 742. Notwithstanding any other provision of law, the Secretary
is authorized under Section 306 of the Consolidated Farm and Rural
Development Act, as amended (7 U.S.C. 1926), to provide guaranteed
lines of credit, including working capital loans, for health care
facilities, to address Year 2000 computer conversion issues.
Sec. 743. After taking any action involving the seizure,
quarantine, treatment, destruction, or disposal of wheat infested with
karnal bunt, the Secretary of Agriculture shall compensate the
producers for economic losses incurred as the result of the action not
later than 45 days after receipt of a claim that includes all
appropriate paperwork.
Sec. 744. Notwithstanding any other provision of law, $3,000,000 is
appropriated for the purpose of providing Bill Emerson and Mickey
Leland Hunger Fellowships through the Congressional Hunger Center,
which is an organization described in subsection (c)(3) of section 501
of the Internal Revenue Code of 1986 and is exempt from taxation under
subsection (a) of such section.
Sec. 745. Notwithstanding any other provision of law, there are
hereby appropriated $250,000 for the program authorized under Section
388 of the Federal Agriculture Improvement and Reform Act of 1996,
solely for use in the State of New Hampshire.
Sec. 746. The Immigration and Nationality Act (8 U.S.C. 1188 et
seq.) is amended: (a) in Section 218(c)(1) by striking ``60 days'' and
inserting ``45 days'', and (b) in Section 218(c)(3)(A) by striking ``20
days'' and inserting ``30 days''.
Sec. 747. Successorship Provisions Relating to Bargaining Units and
Exclusive Representatives. (a) Voluntary Agreement.--
(1) In general.--If the exercise of the Secretary of
Agriculture's authority under this Act results in changes to an
existing bargaining unit that has been certified under chapter
71 of title 5, United States Code, the affected parties shall
attempt to reach a voluntary agreement on a new bargaining unit
and an exclusive representative for such unit.
(2) Criteria.--In carrying out the requirements of this
subsection, the affected parties shall use criteria set forth
in--
(A) sections 7103(a)(4), 7111(e), 7111(f)(1), and
7120 of title 5, United States Code, relating to
determining an exclusive representative; and
(B) section 7112 of title 5, United States Code
(disregarding subsections (b)(5) and (d) thereof),
relating to determining appropriate units.
(b) Effect of an Agreement.--
(1) In general.--If the affected parties reach agreement on
the appropriate unit and the exclusive representative for such
unit under subsection (a), the Federal Labor Relations
Authority shall certify the terms of such agreement, subject to
paragraph (2)(A). Nothing in this subsection shall be
considered to require the holding of any hearing or election as
a condition for certification.
(2) Restrictions.--
(A) Conditions requiring noncertification.--The
Federal Labor Relations Authority may not certify the
terms of an agreement under paragraph (1) if--
(i) it determines that any of the criteria
referred to in subsection (a)(2) (disregarding
section 7112(a) of title 5, United States Code)
have not been met; or
(ii) after the Secretary's exercise of
authority and before certification under this
section, a valid election under section 7111(b)
of title 5, United States Code, is held
covering any employees who would be included in
the unit proposed for certification.
(B) Temporary waiver of provision that would bar an
election after a collective bargaining agreement is
reached.--Nothing in section 7111(f)(3) of title 5,
United States Code, shall prevent the holding of an
election under section 7111(b) of such title that
covers employees within a unit certified under
paragraph (1), or giving effect to the results of such
an election (including a decision not to be represented
by any labor organization), if the election is held
before the end of the 12-month period beginning on the
date such unit is so certified.
(C) Clarification.--The certification of a unit
under paragraph (1) shall not, for purposes of the last
sentence of section 7111(b) of title 5, United States
Code, or section 7111(f)(4) of such title, be treated
as if it had occurred pursuant to an election.
(3) Delegation.--
(A) In general.--The Federal Labor Relations
Authority may delegate to any regional director (as
referred to in section 7105(e) of title 5, United
States Code) its authority under the preceding
provisions of this subsection.
(B) Review.--Any action taken by a regional
director under subparagraph (A) shall be subject to
review under the provisions of section 7105(f) of title
5, United States Code, in the same manner as if such
action had been taken under section 7105(e) of such
title, except that in the case of a decision not to
certify, such review shall be required if application
therefore is filed by an affected party within the time
specified in such provisions.
(c) Definition.--For purposes of this section, the term ``affected
party'' means--
(1) with respect to an exercise of authority by the
Secretary of Agriculture under this Act, any labor organization
affected thereby; and
(2) the Department of Agriculture.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2000''.
Calendar No. 157
106th CONGRESS
1st Session
S. 1233
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