H.R. 1976 (104th): Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1996

104th Congress, 1995–1996. Text as of Sep 20, 1996 (Passed the Senate (Engrossed) with an Amendment).

Status & Summary | PDF | Source: GPO

HR 1976 EAS

In the Senate of the United States,

September 20 (legislative day, September 5), 1995.

Resolved, That the bill from the House of Representatives (H.R. 1976) entitled ‘An Act making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1996, and for other purposes’, do pass with the following

AMENDMENTS:

    ( 1 ) Page 2, line 14, strike out [Struck out->][ $10,227,000 ][<-Struck out] and insert: $12,801,000

    ( 2 ) Page 2, line 14, strike out [Struck out->][ $7,500,000 ][<-Struck out] and insert: $10,000,000, to remain available until expended,

    ( 3 ) Page 3, line 6, strike out [Struck out->][ $3,948,000 ][<-Struck out] and insert: $3,814,000

    ( 4 ) Page 4, line 1, strike out all after ‘ter’ down to and including ‘house’ in line 17

    ( 5 ) Page 5, line 8, after ‘culture’ insert: under 40 U.S.C. 486

    ( 6 ) Page 6, line 4, strike out [Struck out->][ $800,000 ][<-Struck out] and insert: $650,000

    ( 7 ) Page 6, line 14, after ‘9607(g),’ insert: and

    ( 8 ) Page 7, line 24, strike out all after ‘branch,’ over to and including ‘relations’ in line 2 on page 8 and insert: $1,764,000

    ( 9 ) Page 8, line 25, strike out [Struck out->][ $95,000 ][<-Struck out] and insert: $125,000

    ( 10 ) Page 9, line 3, after ‘97-98’ insert: : Provided, That funds transferred to the Office of the Inspector General through forfeiture proceedings or from the Department of Justice Assets Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency, as an equitable share from the forfeiture of property in investigations in which the Office of Inspector General participates, or through the granting of a Petition for Remission or Mitigation, shall be deposited to the credit of this account for law enforcement activities authorized under the Inspector General Act of 1978, as amended, to remain available until expended

    ( 11 ) Page 9, line 20, strike out [Struck out->][ $53,131,000 ][<-Struck out] and insert: $53,526,000

    ( 12 ) Page 10, line 23, strike out [Struck out->][ $705,610,000 ][<-Struck out] and insert: $707,000,000

    ( 13 ) Page 12, line 15, after ‘League’ insert: Foundation

    ( 14 ) Page 13, line 18, after ‘law’ insert: : Provided further, That of the funds made available under this heading for the National Center for Agricultural Utilization Research, not less than $1,000,000 shall be available for the Grain Marketing Research Laboratory in Manhattan, Kansas

    ( 15 ) Page 13, line 24, strike out [Struck out->][ $166,165,000 ][<-Struck out] and insert: $171,304,000

    ( 16 ) Page 14, line 1, strike out [Struck out->][ $20,185,000 ][<-Struck out] and insert: $20,809,000

    ( 17 ) Page 14, line 2, strike out [Struck out->][ $27,313,000 ][<-Struck out] and insert: $28,157,000

    ( 18 ) Page 14, line 4, strike out [Struck out->][ $31,930,000 ][<-Struck out] and insert: $42,670,000

    ( 19 ) Page 14, line 6, strike out [Struck out->][ $11,599,000 ][<-Struck out] and insert: $9,769,000

    ( 20 ) Page 14, line 7, strike out [Struck out->][ $98,165,000 ][<-Struck out] and insert: $99,582,000

    ( 21 ) Page 14, line 9, strike out [Struck out->][ $5,051,000 ][<-Struck out] and insert: $5,551,000

    ( 22 ) Page 14, line 10, strike out [Struck out->][ 195 ][<-Struck out] and insert: 3195

    ( 23 ) Page 14, line 10, strike out [Struck out->][ $1,150,000 ][<-Struck out] and insert: $500,000

    ( 24 ) Page 14, line 11, after ‘3319d);’ insert: $500,000 for grants for research pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and Agriculture Act of 1977, as amended (7 U.S.C. 3318), to remain available until expended;

    ( 25 ) Page 14, line 20, strike out [Struck out->][ $8,000,000 ][<-Struck out] and insert: $8,112,000

    ( 26 ) Page 14, line 21, after ‘5811);’ insert: $9,207,000 for a program of capacity building grants 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);

    ( 27 ) Page 14, line 21, after ‘5811);’ insert: $1,450,000 for payments to the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103-382;

    ( 28 ) Page 14, line 22, strike out [Struck out->][ $6,289,000 ][<-Struck out] and insert: $10,686,000

    ( 29 ) Page 14, line 25, strike out [Struck out->][ $389,172,000 ][<-Struck out] and insert: $421,622,000

    ( 30 ) Page 15, after line 8, insert:

BUILDINGS AND FACILITIES

    For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities and for grants to States and other eligible recipients for such purposes, as necessary to carry out the agricultural research, extension, and teaching programs of the Department of Agriculture, where not otherwise provided, $57,838,000, to remain available until expended (7 U.S.C. 2209b).

    ( 31 ) Page 15, line 19, strike out [Struck out->][ $264,405,000 ][<-Struck out] and insert: $272,582,000

    ( 32 ) Page 15, line 21, strike out [Struck out->][ $59,588,000 ][<-Struck out] and insert: $61,431,000

    ( 33 ) Page 15, line 24, strike out [Struck out->][ $2,898,000 ][<-Struck out] and insert: $2,988,000

    ( 34 ) Page 16, line 3, strike out [Struck out->][ $7,664,000 ][<-Struck out] and insert: $7,901,000

    ( 35 ) Page 16, line 5, strike out [Struck out->][ $921,000 ][<-Struck out] and insert: $950,000

    ( 36 ) Page 16, line 7, strike out [Struck out->][ $10,897,000 ][<-Struck out] and insert: $11,234,000

    ( 37 ) Page 16, line 9, strike out [Struck out->][ $1,184,000 ][<-Struck out] and insert: $1,221,000

    ( 38 ) Page 16, line 10, strike out [Struck out->][ $9,700,000 ][<-Struck out] and insert: $10,000,000

    ( 39 ) Page 16, line 10, after ‘$9,700,000;’ insert: payments for a Nutrition Education Initiative under 3(d) of the Act, $4,265,000;

    ( 40 ) Page 16, line 12, strike out [Struck out->][ $2,400,000 ][<-Struck out] and insert: $2,475,000

    ( 41 ) Page 16, line 14, strike out [Struck out->][ $3,241,000 ][<-Struck out] and insert: $3,341,000

    ( 42 ) Page 16, line 15, strike out [Struck out->][ $1,697,000 ][<-Struck out] and insert: $1,750,000

    ( 43 ) Page 16, line 17, after ‘$3,463,000;’ insert: payments for rural health and safety education as authorized by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note, 2662), $2,750,000;

    ( 44 ) Page 16, line 20, strike out [Struck out->][ $24,708,000 ][<-Struck out] and insert: $25,472,000

    ( 45 ) Page 16, line 20, after ‘$24,708,000;’ insert $2,550,000 for payments to the 1994 Institutions pursuant to section 534(b)(3) of Public Law 103-382;

    ( 46 ) Page 16, line 24, strike out [Struck out->][ 301n ][<-Struck out] and insert: 301 note

    ( 47 ) Page 17, line 2, strike out [Struck out->][ $6,181,000 ][<-Struck out] and insert: $10,998,000

    ( 48 ) Page 17, line 2, strike out [Struck out->][ $413,257,000 ][<-Struck out] and insert: $439,681,000

    ( 49 ) Page 18, line 4, strike out [Struck out->][ $333,410,000 ][<-Struck out] and insert: $329,125,000

    ( 50 ) Page 20, line 6, after ‘teration,’ insert: modernization,

    ( 51 ) Page 20, line 8, strike out [Struck out->][ $12,541,000 ][<-Struck out] and insert: $4,973,000

    ( 52 ) Page 20, line 19, strike out [Struck out->][ $46,662,000 ][<-Struck out] and insert: $46,517,000

    ( 53 ) Page 22, line 11, strike out [Struck out->][ 1956 ][<-Struck out] and insert: 1946

    ( 54 ) Page 22, line 12, strike out [Struck out->][ $1,000,000 ][<-Struck out] and insert: $1,200,000

    ( 55 ) Page 22, line 25, strike out [Struck out->][ $23,058,000 ][<-Struck out] and insert: $23,289,000

    ( 56 ) Page 23, line 19, strike out [Struck out->][ $450,000 ][<-Struck out] and insert: $440,000

    ( 57 ) Page 23, line 24, strike out [Struck out->][ $540,365,000 ][<-Struck out] and insert: $563,004,000

    ( 58 ) Page 25, line 4, strike out all after ‘programs’ down to and including ‘1994’ in line 7 and insert: administered by the Consolidated Farm Service Agency

    ( 59 ) Page 25, line 7, strike out [Struck out->][ $788,388,000 ][<-Struck out] and insert: $805,888,000

    ( 60 ) Page 25, line 17, strike out [Struck out->][ $500,000 ][<-Struck out] and insert: $1,000,000

    ( 61 ) Page 25, line 22, strike out [Struck out->][ $2,000,000 ][<-Struck out] and insert: $3,000,000

    ( 62 ) Page 27, after line 2, insert:

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), $2,000,000, to remain available until expended.

    ( 63 ) Page 27, line 10, strike out [Struck out->][ $585,000,000 ][<-Struck out] and insert: $610,000,000

    ( 64 ) Page 27, line 11, strike out [Struck out->][ $2,300,000,000 ][<-Struck out] and insert: $2,450,000,000

    ( 65 ) Page 27, line 18, strike out [Struck out->][ $22,500,000 ][<-Struck out] and insert: $21,696,000

    ( 66 ) Page 27, line 22, strike out [Struck out->][ $28,206,000 ][<-Struck out] and insert: $34,053,000

    ( 67 ) Page 27, line 23, strike out [Struck out->][ $91,000,000 ][<-Struck out] and insert: $111,505,000

    ( 68 ) Page 28, line 4, strike out [Struck out->][ $4,113,000 ][<-Struck out] and insert: $3,966,000

    ( 69 ) Page 28, line 7, strike out [Struck out->][ $221,541,000 ][<-Struck out] and insert: $227,258,000

    ( 70 ) Page 28, line 9, strike out [Struck out->][ $208,446,000 ][<-Struck out] and insert: $214,163,000

    ( 71 ) Page 30, strike out lines 7 through 11 and insert:

    For necessary salaries and expenses of the Office of the Under Secretary for Natural Resources and Environment to administer the laws enacted by Congress for the Natural Resources Conservation Service, $677,000: Provided, That none of these funds shall be available to administer laws enacted by Congress for the Forest Service: Provided further, That $350,000 shall be made available to the Secretary of Agriculture to administer the laws enacted by Congress for the Forest Service: Provided further, That notwithstanding section 245(c) of Public Law 103-354 (7 U.S.C. 6961(c)), the Secretary of Agriculture may not delegate any authority to administer laws enacted by Congress, or funds provided by this Act, for the Forest Service to the Under Secretary for Natural Resources and Environment.

    ( 72 ) Page 31, line 5, strike out [Struck out->][ $629,986,000 ][<-Struck out] and insert: $637,860,000, to remain available until expended (7 U.S.C. 2209b)

    ( 73 ) Page 32, line 7, after ‘ice’ insert: (16 U.S.C. 590e-2)

    ( 74 ) Page 32, after line 7, insert:

RIVER BASIN SURVEYS AND INVESTIGATIONS

    For necessary expenses to conduct research, investigation, and surveys of watersheds of rivers and other waterways, in accordance with section 6 of the Watershed Protection and Flood Prevention Act approved August 4, 1954, as amended (16 U.S.C. 1006-1009), $8,369,000: 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 $60,000 shall be available for employment under 5 U.S.C. 3109.

    ( 75 ) Page 32, after line 7, insert:

WATERSHED PLANNING

    For necessary expenses for small watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001-1008), $5,630,000: 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 $50,000 shall be available for employment under 5 U.S.C. 3109.

    ( 76 ) Page 32, strike out line 13, down to and including ‘1006a),’ in line 14

    ( 77 ) Page 32, line 21, after ‘2209b) insert: (of which $15,000,000 shall be available for the watersheds authorized under the Flood Control Act approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supplemented)

    ( 78 ) Page 33, after line 6, insert:

RESOURCE CONSERVATION AND DEVELOPMENT

    For necessary expenses in planning and carrying out projects for resource conservation and development and for sound land use pursuant to the provisions of section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended (7 U.S.C. 1010-1011; 76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and the provisions of the Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461), $27,000,000, to remain available until expended (7 U.S.C. 2209): Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.

    ( 79 ) Page 33, after line 6, insert:

FORESTRY INCENTIVES PROGRAM

    For necessary expenses, not otherwise provided for, to carry out the program of forestry incentives, as authorized in the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical assistance and related expenses $6,325,000, to remain available until expended, as authorized by that Act.

    ( 80 ) Page 33, after line 6, insert:

COLORADO RIVER BASIN SALINITY CONTROL PROGRAM

    For necessary expenses for carrying out a voluntary cooperative salinity control program pursuant to section 202(c) of title II of the Colorado River Basin Salinity Control Act, as amended (43 U.S.C. 1592(c)), to be used to reduce salinity in the Colorado River and to enhance the supply and quality of water available for use in the United States and the Republic of Mexico, $2,681,000, to remain available until expended (7 U.S.C. 2209b), to be used for the establishment of on-farm irrigation management systems, including lateral improvement measures, for making cost-share payments to agricultural landowners and operators, Indian tribes, irrigation districts and associations, local governmental and nongovernmental entities, and other landowners to aid them in carrying out approved conservation practices as determined and recommended by the Secretary, and for associated costs of program planning, information and education, and program monitoring and evaluation.

    ( 81 ) Page 33, strike out lines 7 through 18

    ( 82 ) Page 33, strike out all after line 18 over to and including line 2 on page 35

    ( 83 ) Page 35, line 8, strike out [Struck out->][ $210,000,000 ][<-Struck out] and insert: $77,000,000

    ( 84 ) Page 36, line 1, strike out [Struck out->][ $75,000,000 ][<-Struck out] and insert: $50,000,000

    ( 85 ) Page 37, line 22, strike out [Struck out->][ $11,000,000 ][<-Struck out] and insert: $15,000,000

    ( 86 ) Page 38, after line 25, insert:

RURAL COMMUNITY ADVANCEMENT PROGRAM

    For the cost of direct loans, loan guarantees and grants, as authorized by 7 U.S.C. 1926, 1928, and 1932, and 86 Stat. 661-664, as amended; and 42 U.S.C. 1485 and 1490(a), $563,839,000, to remain available until expended, to be available for loans and grants for rural water and waste disposal and solid waste management grants, new construction of section 515 rental housing, direct loans and loan guarantees for community facilities, loan guarantees for business and industry assistance, and grants for rural business enterprise: Provided, That the costs of direct loans and loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That of the total amount appropriated, $20,044,000 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, 1996, they shall remain available for other authorized purposes under this head: Provided further, That of the total amount appropriated, not to exceed $4,500,000 shall be available for contracting with the National Rural Water Association or an equally qualified national organization for a circuit rider program to provide technical assistance for rural water systems: Provided further, That of the total amount appropriated, not to exceed $20,000,000 shall be available for water and waste disposal systems to benefit the Colonias along the United States/Mexico border, including grants under section 306(c): Provided further, That loan guarantees for business and industry assistance funded under this heading shall be made available to tourist or other recreational businesses in rural communities.

    In addition, for administrative expenses necessary to carry out direct loans, loan guarantees, and grants, $58,051,000, of which $57,614,000 shall be transferred to and merged with ‘Rural Housing and Community Development Service, Salaries and Expenses’; ‘Rural Utilities Service, Salaries and Expenses’; and ‘Rural Business and Cooperative Development Service, Salaries and Expenses’.

    ( 87 ) Page 39, line 9, strike out [Struck out->][ $42,820,000 ][<-Struck out] and insert: $50,346,000

    ( 88 ) Page 39, line 20, strike out [Struck out->][ $2,250,000,000 ][<-Struck out] and insert: $2,700,000,000

    ( 89 ) Page 39, line 25, strike out [Struck out->][ $35,000,000 ][<-Struck out] and insert: $42,484,000

    ( 90 ) Page 39, line 26, strike out all after ‘property’ over to and including ‘areas’ in line 6 on page 40

    ( 91 ) Page 40, line 10, strike out [Struck out->][ $118,335,000 ][<-Struck out] and insert: $212,790,000

    ( 92 ) Page 40, line 13, strike out all after ‘$82,035,000’ down to and including ‘1996’ in line 14

    ( 93 ) Page 40, line 15, strike out [Struck out->][ $6,100,000 ][<-Struck out] and insert: $7,405,000

    ( 94 ) Page 40, strike out lines 16 through 23

    ( 95 ) Page 41, line 1, strike out [Struck out->][ $385,889,000 ][<-Struck out] and insert: $389,818,000

    ( 96 ) Page 41, line 1, strike out [Struck out->][ $372,897,506 ][<-Struck out] and insert: $376,860,000

    ( 97 ) Page 41, line 11, strike out [Struck out->][ $535,900,000 ][<-Struck out] and insert: $540,900,000

    ( 98 ) Page 42, strike out all after line 7, over to and including line 8 on page 43

    ( 99 ) Page 43, after line 24, insert:

SUPERVISORY AND TECHNICAL ASSISTANCE GRANTS

    For grants pursuant to sections 509(f) and 525 of the Housing Act of 1949, $1,000,000.

    ( 100 ) Page 44, line 4, strike out [Struck out->][ $1,000,000 ][<-Struck out] and insert: $3,000,000

    ( 101 ) Page 45, line 2, strike out [Struck out->][ $9,520,000 ][<-Struck out] and insert: $9,013,000

    ( 102 ) Page 45, strike out all after line 6, over to and including line 7 on page 46

    ( 103 ) Page 46, strike out lines 9 through 14 and insert:

    For the cost of direct loans, $22,395,000, as authorized by the Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans of $37,544,000: Provided further, That through June 30, 1996, of these amounts, $6,484,000 shall be available for the cost of direct loans, for empowerment zones and enterprise communities, as authorized by title XIII of the Omnibus Budget Reconciliation Act of 1993, to subsidize gross obligations for the principal amount of direct loans, $10,870,000.

    In addition, for administrative expenses necessary to carry out the direct loan programs, $1,476,000, of which $1,470,000 shall be transferred to and merged with the appropriation for ‘Salaries and Expenses’.

    ( 104 ) Page 47, line 2, strike out [Struck out->][ $584,000 ][<-Struck out] and insert: $724,000

    ( 105 ) Page 47, line 9, strike out [Struck out->][ $5,000,000 ][<-Struck out] and insert: $10,000,000

    ( 106 ) Page 47, strike out lines 12 through 26

    ( 107 ) Page 48, line 5, strike out [Struck out->][ $1,500,000 ][<-Struck out] and insert: $3,000,000, of which $1,300,000 may be available for the appropriate technology transfer for rural areas program

    ( 108 ) Page 48, line 16, strike out [Struck out->][ $500,000,000 ][<-Struck out] and insert: $550,000,000

    ( 109 ) Page 48, line 24, strike out [Struck out->][ $54,150,000 ][<-Struck out] and insert: $59,565,000

    ( 110 ) Page 49, line 1, strike out [Struck out->][ sections 305(c)(2) and ][<-Struck out] and insert: section

    ( 111 ) Page 49, line 6, strike out [Struck out->][ $29,982,000 ][<-Struck out] and insert: $32,183,000

    ( 112 ) Page 49, line 24, strike out [Struck out->][ $770,000 ][<-Struck out] and insert: $5,023,000

    ( 113 ) Page 49, line 26, strike out [Struck out->][ $3,541,000 ][<-Struck out] and insert: $6,167,000

    ( 114 ) Page 50, strike out all after line 4, over to and including line 11 on page 51

    ( 115 ) Page 51, line 17, strike out [Struck out->][ $19,211,000 ][<-Struck out] and insert: $18,449,000

    ( 116 ) Page 52, line 8, strike out [Struck out->][ $440,000 ][<-Struck out] and insert: $540,000

    ( 117 ) Page 52, line 14, strike out [Struck out->][ section 17 ][<-Struck out] and insert: sections 17, 19, and 21

    ( 118 ) Page 52, line 16, strike out [Struck out->][ $7,952,424,000 ][<-Struck out] and insert: $7,952,610,000

    ( 119 ) Page 52, line 17, strike out [Struck out->][ $2,354,566,000 ][<-Struck out] and insert: $2,354,752,000

    ( 120 ) Page 52, line 22, strike out all after ‘claims’ over to and including ‘Institute’ in line 2 on page 53

    ( 121 ) Page 53, line 23, after ‘program’ insert: : Provided further, That on or after July 1, 1996, any funds recovered from the previous fiscal year in excess of $100,000,000 may be transferred by the Secretary of Agriculture to the Rural Community Advancement Program and shall remain available until expended

    ( 122 ) Page 53, line 23, after ‘program’ insert: : Provided further, That none of the funds provided in this Act shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) (as in effect on September 13, 1995)

    ( 123 ) Page 53, after line 23, insert:

COMMODITY SUPPLEMENTAL FOOD PROGRAM

    For necessary expenses to carry out the commodity supplemental food program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)), including not less than $8,000,000 for the projects in Detroit, New Orleans, and Des Moines, $86,000,000 to remain available through September 30, 1997: Provided, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That twenty percent of any Commodity Supplemental Food Program funds carried over from fiscal year 1995 shall be available for administrative costs of the program.

    ( 124 ) Page 53, line 26, strike out [Struck out->][ $27,097,828,000 ][<-Struck out] and insert: $28,097,828,000

    ( 125 ) Page 54, line 3, after ‘Act’ insert: : Provided further, That $1,000,000,000 of the foregoing amount shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations

    ( 126 ) Page 54, strike out lines 11 through 24

    ( 127 ) Page 55, line 7, strike out [Struck out->][ $215,000,000 ][<-Struck out] and insert: $217,250,000

    ( 128 ) Page 55, line 8, after ‘1997’ insert: : Provided, That notwithstanding any other provision of law, for meals provided pursuant to the Older Americans Act of 1965, a maximum rate of reimbursement to States will be established by the Secretary, subject to reduction if obligations would exceed the amount of available funds, with any unobligated funds to remain available only for obligation in the fiscal year beginning October 1, 1996

    ( 129 ) Page 55, after line 8 insert:

    For necessary expenses to carry out section 110 of the Hunger Prevention Act of 1988, $40,000,000.

    ( 130 ) Page 55, after line 8 insert:

THE EMERGENCY FOOD ASSISTANCE PROGRAM

    For making payments to States to carry out the Emergency Food Assistance Act of 1983, as amended, $40,000,000: Provided, That, in accordance with section 202 of Public Law 98-92, these funds shall be available only if the Secretary determines the existence of excess commodities: Provided further, That none of the funds in this Act or any other Act may be used for emergency food assistance program demonstration projects.

    ( 131 ) Page 55, line 11, strike out [Struck out->][ $108,323,000 ][<-Struck out] and insert: $107,215,000

    ( 132 ) Page 55, line 16, after ‘law’ insert: ; and $750,000 shall be available for investing in an automated data processing infrastructure for the Food and Consumer Service

    ( 133 ) Page 56, line 14, strike out [Struck out->][ $123,520,000 ][<-Struck out] and insert: $124,775,000

    ( 134 ) Page 57, line 2, after ‘2392)’ insert: : Provided further, That funds made available under this Act to carry out non-generic activities of the market promotion program established under section 203(e)(4) of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) may be used to provide cost-share assistance only to organizations that are non-foreign entities recognized as small business concerns under section 3(a) of the Small Business Act (15 U.S.C. 632(a)) or to associations described in the first section of the Act entitled ‘An Act to authorize association of producers of agricultural products’, approved February 22, 1922 (7 U.S.C. 291): Provided further, That none of the funds appropriated or otherwise made available under this Act may be used to pay the salaries of personnel who carry out the market promotion program established under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) if the aggregate amount of funds and/or commodities under the program exceeds $70,000,000

    ( 135 ) Page 57, line 23, after ‘Act’ insert: and shall be financed from funds credited to the Commodity Credit Corporation pursuant to section 426 of Public Law 103-465

    ( 136 ) Page 61, line 8, strike out [Struck out->][ $15,350,000 ][<-Struck out] and insert: $8,350,000

    ( 137 ) Page 62, line 20, strike out [Struck out->][ $49,144,000 ][<-Struck out] and insert: $54,058,000

    ( 138 ) Page 63, after line 2 insert:

Farm Credit Administration

ADMINISTRATIVE PROVISION

    SEC. 601. (a) For purposes of the administration of chapter 89 of title 5, United States Code, any period of enrollment under a health benefits plan administered by the Farm Credit Administration prior to the effective date of this Act shall be deemed to be a period of enrollment in a health benefits plan under chapter 89 of such title.

    (b)(1) An individual who, on September 30, 1995, is covered by a health benefits plan administered by the Farm Credit Administration may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code--

      (A) either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and

      (B) for coverage effective on and after September 30, 1995.

    (2) An individual who, on September 30, 1995, is entitled to continued coverage under a health benefits plan administered by the Farm Credit Administration--

      (A) shall be deemed to be entitled to continued coverage under section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the Farm Credit Administration; and

      (B) may enroll in an approved health benefits plan described under sections 8903 or 8903a of such title in accordance with section 8905A of such title for coverage effective on and after September 30, 1995.

    (3) An individual who, on September 30, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Farm Credit Administration and who is not a member of family as defined under section 8901(5) of title 5, United States Code--

      (A) shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on September 30, 1995, ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title; and

      (B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage on and after September 30, 1995.

    (c) The Farm Credit Administration shall transfer to the Federal Employees Health Benefits Fund established under section 8909 of title 5, United States Code, amounts determined by the Director of the Office of Personnel Management, after consultation with the Farm Credit Administration, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individual’s covered by this section. The amount so transferred shall be held in the Fund and used by the Office in addition to the amounts available under section 8906(g)(1) of such title.

    (d) The Office of Personnel Management--

      (1) shall administer the provisions of this section to provide for--

        (A) a period of notice and open enrollment for individuals affected by this section; and

        (B) no lapse of health coverage for individuals who enroll in a health benefits plan under chapter 89 of title 5, United States Code, in accordance with this section; and

      (2) may prescribe regulations to implement this section.

    ( 139 ) Page 63, line 18, after ‘1954’ insert: , and

    ( 140 ) Page 64, line 10, after ‘project;’ insert: Consolidated Farm Service Agency, salaries and expenses funds made available to county committees;

    ( 141 ) Page 66, line 4, strike out [Struck out->][ 1994 ][<-Struck out] and insert: 1995

    ( 142 ) Page 66, line 18, strike out [Struck out->][ None ][<-Struck out] and insert: With the exception of grants awarded under the Small Business Innovation Development Act of 1982, Public Law 97-219, as amended (15 U.S.C. 638), none

    ( 143 ) Page 69, line 10, strike out [Struck out->][ Agriculture ][<-Struck out] and insert: Agricultural

    ( 144 ) Page 70, strike out lines 4 through 15

    ( 145 ) Page 70, strike out lines 16 through 22

    ( 146 ) Page 70, after line 22 insert:

    SEC. 724. None of the funds appropriated or otherwise made available by this Act shall be used to enroll in excess of 100,000 acres in the fiscal year 1996 wetlands reserve program, as authorized by 16 U.S.C. 3837.

    ( 147 ) Page 70, after line 22 insert:

    SEC. 725. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries of personnel who carry out an export enhancement program (estimated to be $1,000,000,000 in the President’s fiscal year 1996 Budget (H. Doc. 104-4)) if the aggregate amount of funds and/or commodities under such program exceeds $795,556,000.

    ( 148 ) Page 70, after line 22 insert:

    SEC. 726. None of the funds made available in this Act shall be used to pay the salaries of personnel to provide assistance to livestock producers under provisions of title VI of the Agricultural Act of 1949 if crop insurance protection or noninsured crop disaster assistance for the loss of feed produced on the farm is available to the producer under the Federal Crop Insurance Act, as amended.

    ( 149 ) Page 70, after line 22 insert:

    SEC. 727. None of the funds appropriated or otherwise made available by this Act shall be used to enroll additional acres in the Conservation Reserve Program authorized by 16 U.S.C. 3831-3845: Provided, That 1,579,000 new acres shall be enrolled in the program in the year beginning January 1, 1997.

    ( 150 ) Page 70, after line 22 insert:

    SEC. 728. None of the funds appropriated or otherwise made available by this Act may be used to develop compliance guidelines, implement or enforce a regulation promulgated by the Food Safety and Inspection Service on August 25, 1995 (60 Fed. Reg. 44396): Provided, That this regulation shall take effect only if legislation is enacted into law which directs the Secretary of Agriculture to promulgate such regulation, or the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition and Forestry receive and approve a proposed revised regulation submitted by the Secretary of Agriculture.

    ( 151 ) Page 70, after line 22 insert:

    SEC. 729. BOARD OF TEA EXPERTS- None of the funds appropriated under this Act may be used for the salaries or expenses of the Board of Tea experts established under section 2 of the Act entitled ‘An Act to prevent the importation of impure and unwholesome tea’, approved March 2, 1897 (21 U.S.C. 42).

    ( 152 ) Page 70, after line 22 insert:

    SEC. 730. (a) None of the funds appropriated or made available to the Federal Drug Administration by this Act shall be used to operate the Board of Tea Experts and related activities.

    (b) The Tea Importation Act (21 U.S.C. 41 et seq.) is repealed.

    ( 153 ) Page 70, after line 22 insert:

    SEC. 731. It is the sense of the Senate that the current statute establishing the Tobacco Marketing Assessment, which raises revenues used solely for deficit reduction purposes and not in any manner to offset the costs of the tobacco program, should be amended to require that the current assessment be set at a level sufficient to cover the administrative costs of the tobacco program.

    ( 154 ) Page 70, after line 22 insert:

    SEC. 732. None of the funds available in this Act shall be used for any action, including the development or assertion of any position or recommendation by or on behalf of the Forest Service, that directly or indirectly results in the loss of or restriction on the diversion and use of water from existing water supply facilities located on National Forest lands by the owners of such facilities, or result in a material increase in the cost of such yield to the owners of the water supply: Provided, That nothing in this section shall preclude a mutual agreement between any agency of the Department of Agriculture and a State or local governmental entity or private entity or individual.

    ( 155 ) Page 70, after line 22 insert:

    SEC. 733. Energy Savings at Federal Facilities.

    (a) REDUCTION IN FACILITIES ENERGY COSTS- The head of each agency for which funds are made available under this Act shall take all actions necessary to achieve during fiscal year 1996 a 5 percent reduction, from the average previous three fiscal year levels, in the energy costs of the facilities used by the agency.

    (b) USE OF COST SAVINGS- An amount equal to the amount of cost savings realized by an agency under subsection (a) shall remain available for obligation through the end of fiscal year 1997, without further authorization or appropriation, as follows:

      (1) CONSERVATION MEASURES- Fifty percent of the amount shall remain available for the implementation of additional energy conservation measures and for water conservation measures at such facilities used by the agency as are designated by the head of the agency.

      (2) OTHER PURPOSES- Fifty percent of the amount shall remain available for use by the agency for such purposes as are designated by the head of the agency, consistent with applicable law.

    (c) REPORT-

      (1) IN GENERAL- Not later than December 31, 1996, the Secretary of Agriculture shall submit a report to Congress specifying the results of the actions taken under subsection (a) and providing any recommendations concerning how to further reduce energy costs and energy consumption in the future.

      (2) CONTENTS- Each report shall--

        (A) specify the total energy costs of the facilities used by the agency;

        (B) identify the reductions achieved; and

        (C) specify the actions that resulted in the reductions.

    ( 156 ) Page 70, after line 22 insert:

    SEC. 734. It is the sense of the Senate that the current nonrefundable marketing assessment for the peanut program should be amended to direct that the current assessment is utilized in a manner to help defray the cost of the peanut program, particularly to cover all administrative costs of the peanut program, including the salaries and expenses of Department of Agriculture employees who carry out the price support or production adjustment program for peanuts.

    ( 157 ) Page 70, after line 22 insert:

    SEC. 735. Mink Industry.

    (a) FINDINGS- Congress finds that--

      (1) since 1989, the Federal government, through the Department of Agriculture Market Promotion Program, has provided more than $13,000,000 to the Mink Export Development Council for the overseas promotion of mink coats and products; and

      (2) the Department of Commerce has estimated that since 1989 the value of United States exports of mink products has declined by more than 33 percent and total United States mink production has been halved.

    (b) FUNDING- None of the funds made available in this Act may be used to carry out, or to pay the salaries of personnel who carry out, the market promotion program established under section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623), in a manner that provides assistance to the United States Mink Export Development Council or any mink industry trade association.

    ( 158 ) Page 70, after line 22 insert:

    SEC. 736. Sense of the Senate on United States-Canadian Cooperation Concerning an Outlet to Relieve Flooding at Devils Lake in North Dakota.

    (a) FINDINGS- The Senate finds that--

      (1) flooding in Devils Lake Basin, North Dakota, has resulted in water levels in the lake reaching their highest point in 120 years;

      (2)(A) 667,000 trees are inundated and dying;

      (B) 2500 homeowners in the county are pumping water from basements;

      (C) the town of Devils Lake is threatened with lake water nearing the limits of the protective dikes of the lake;

      (D) 17,400 acres of land have been inundated;

      (E) roads are under water;

      (F) other roads are closed and will be abandoned;

      (G) homes and businesses have been diked, abandoned, or closed; and

      (H) if the lake rises another 2 to 3 feet, damages of approximately $74,000,000 will occur;

      (3) the Army Corps of Engineers and the Bureau of Reclamation are now studying the feasibility of constructing an outlet from Devils Lake Basin;

      (4) an outlet from Devils Lake Basin will allow the transfer of water from Devils Lake Basin to the Red River of the North watershed that the United States shares with Canada; and

      (5) the Treaty Relating to the Boundary Waters and Questions Arising Along the Boundary Between the United States and Canada, signed at Washington on January 11, 1909 (36 Stat. 2448; TS 548) (commonly known as the ‘Boundary Waters Treaty of 1909’), provides that ‘. . . waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.’ (36 Stat. 2450).

    (b) SENSE OF THE SENATE- It is the sense of the Senate that the United States Government should seek to establish a joint United States-Canadian technical committee to review the Devils Lake Basin emergency outlet project to consider options for an outlet that would meet Canadian concerns in regard to the Boundary Waters Treaty of 1909.

    ( 159 ) Page 70, after line 22 insert:

    SEC. 737. Elimination of Unnecessary Advisory Committees.

    (a) SWINE HEALTH ADVISORY COMMITTEE- Section 11 of the Swine Health Protection Act (7 U.S.C. 3810) is repealed.

    (b) GLOBAL CLIMATE CHANGE TECHNICAL ADVISORY COMMITTEE- Section 2404 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6703) is repealed.

    ( 160 ) Page 70, after line 22 insert:

    SEC. 738. Upon the date of enactment of this Act, the Secretary of Agriculture shall immediately withdraw Federal regulation 36 CFR Part 223 promulgated on September 8, 1995, for a period of no less than 120 days: Provided, That during such time the Secretary shall take notice and public comment on the regulations and make the necessary revisions to reflect public comment. Any fines assessed pursuant to 36 CFR Part 223, from the effective date of said regulation to the date of enactment of this Act, shall be null and void. During the 120 day period, the interim regulatory guidelines published pursuant to 55 CFR 48572 and 56 CFR 65834 shall remain in effect.

Attest:

Secretary.

104th CONGRESS

1st Session

H. R. 1976

AMENDMENTS

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