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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4554 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  2d Session

                               H. R. 4554

_______________________________________________________________________

                               AMENDMENTS
                  In the Senate of the United States,

                                                         July 20, 1994.
      Resolved, That the bill from the House of Representatives (H.R. 
4554) entitled ``An Act making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 1995, and for other 
purposes'', do pass with the following

                              AMENDMENTS:

 (1)Page 6, line 24, strike out [$63,918,000] and insert: $62,918,000

 (2)Page 8, line 10, strike out [$54,306,000] and insert: $53,565,000

 (3)Page 10, line 13, strike out [$4,000,000] and insert: $9,000,000

 (4)Page 10, line 24, strike out [$693,977,000] and insert: 
$698,787,000

 (5)Page 12, line 2, after ``California'' insert: , Beckley, West 
Virginia

 (6)Page 12, line 22, strike out [$23,400,000] and insert: $43,718,000

 (7)Page 13, line 2, after ``law'' insert: : Provided further, That the 
Secretary may exercise his authority to close the research locations 
specified for closure in the President's 1995 budget for the Department 
of Agriculture

 (8)Page 13, line 25, strike out [$44,969,000] and insert: $52,295,000

 (9)Page 14, line 8, strike out [$1,818,000] and insert: $650,000

 (10)Page 14, line 11, strike out [$400,000] and insert: $500,000

 (11)Page 14, line 15, strike out all after ``expended;'' down to and 
including ``amended;'' in line 18

 (12)Page 14, line 24, strike out [$1,500,000] and insert: $4,350,000

 (13)Page 15, line 11, strike out [$7,400,000] and insert: $8,825,000

 (14)Page 15, line 14, strike out [$19,954,000] and insert: $19,019,000

 (15)Page 16, line 2, strike out [$413,960,000] and insert: 
$423,083,000

 (16)Page 16, line 14, strike out [$34,148,000] and insert: $62,744,000

 (17)Page 17, line 3, strike out [$10,147,000] and insert: $10,947,000

 (18)Page 17, line 3, after ``$10,147,000'' insert: , of which up to 
$125,000 may be transferred to the Cooperative State Research Service

 (19)Page 18, line 1, strike out [$2,963,000] and insert: $3,963,000

 (20)Page 18, line 1, after ``$2,963,000;'' 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;

 (21)Page 18, line 11, strike out [$7,117,000] and insert: $12,611,000

 (22)Page 18, line 11, strike out [$429,200,000] and insert: 
$439,244,000

 (23)Page 18, line 21, strike out [$17,845,000] and insert: $18,307,000

 (24)Page 19, line 3, after ``improvements'' insert: : Provided 
further, That $462,000 shall be available for a grant pursuant to 
section 1472 of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3818), in addition to other funds 
available in this appropriation for grants under this section

 (25)Page 19, line 24, strike out [$438,651,000] and insert: 
$438,901,000

 (26)Page 21, strike out all after line 18 over to and including line 2 
on page 22

 (27)Page 22, line 14, strike out [$430,929,000] and insert: 
$533,929,000

 (28)Page 24, line 13, strike out [$55,728,000] and insert: $57,454,000

 (29)Page 25, after line 21 insert:
    In fiscal year 1996, section 32 funds shall be used to promote 
sunflower and cottonseed oil exports to the full extent authorized by 
section 1541 of Public Law 101-624 (7 U.S.C. 1464 note), and such funds 
shall be used to facilitate additional sales of such oils in world 
markets.

 (30)Page 26, strike out lines 3 to 16

 (31)Page 29, line 22, strike out [$62,796,000] and insert: $72,796,000

 (32)Page 29, line 22, strike out all after ``$62,796,000'' down to and 
including ``Service'' in line 24

 (33)Page 32, after line 3 insert:

                          disaster assistance

    Such sums as may be necessary from the Commodity Credit Corporation 
shall be available, through July 15, 1995, to producers under the same 
terms and conditions authorized in chapter 3, subtitle B, title XXII of 
Public Law 101-624 for 1994 crops, including aquaculture and excluding 
ornamental fish, affected by natural disasters: Provided, That such 
amount is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, and that such funds shall be available 
only to the extent an official budget request for a specific dollar 
amount, that includes designation of the entire amount of the request 
as an emergency requirement pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That these funds shall 
be made available upon enactment of this Act: Provided further, That 
such funds shall also be available for payments to producers for 1995 
through 1998 orchard crop losses, if the losses are due to freezing 
conditions incurred between January 1, 1994, and March 31, 1994, and 
Federal Crop Insurance is not available for affected orchard crop 
producers: Provided further, That the use of funds for this purpose is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, and that such use shall be available only to 
the extent the President designates such use an emergency requirement 
pursuant to such Act: Provided further, That such funds made available 
from the Commodity Credit Corporation shall be available to fund the 
costs of replanting, reseeding, or repairing damage to commercial trees 
(regardless of the age of the damaged trees), including orchard and 
nursery inventory, as a result of 1994 weather-related damages: 
Provided further, That the use of funds for these purposes is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, and that such use shall be available only to 
the extent the President designates such use an emergency requirement 
pursuant to such Act: Provided further, That the terms and conditions 
of section 521, paragraphs (a)(3) and (4), paragraph (b)(3), 
subparagraph (c)(2)(C), and subsections (d) and (e), as amended in 
section 201 of S. 2095 (as reported by the Committee on Agriculture, 
Nutrition, and Forestry on June 22, 1994) shall apply to all claims for 
assistance made under this paragraph.

 (34)Page 33, line 2, strike out [$576,562,000] and insert: 
$591,049,000

 (35)Page 33, line 7, strike out [$2,399,000] and insert: $3,899,000

 (36)Page 35, line 13, strike out [$65,000,000] and insert: $75,000,000

 (37)Page 35, line 14, strike out all after ``2209b)'' down to and 
including ``State'' in line 19

 (38)Page 36, line 25, strike out [$11,672,000] and insert: $18,672,000

 (39)Page 39, strike out lines 19 to 25

 (40)Page 40, strike out all including line 1 over to and including 
line 6 on page 6

 (41)Page 42, line 25, strike out [$2,323,339,000] and insert: 
$2,400,000,000

 (42)Page 43, line 11, strike out [$268,105,000] and insert: 
$282,640,000

 (43)Page 43, strike out lines 16 to 23

 (44)Page 45, line 22, strike out all after ``loans;'' down to and 
including ``loans;'' in line 24

 (45)Page 46, line 10, strike out all after ``loans;'' down to and 
including ``loans;'' in line 11

 (46)Page 46, line 14, strike out [$26,060,000] and insert: $26,290,000

 (47)Page 46, line 15, after ``disasters'' insert: : Provided, That, 
notwithstanding any other provision of law, from the date of enactment 
of this Act until September 30, 1994, the Secretary of Agriculture--
            (1) may transfer funds so as to make available--
                    (A) the amounts that would otherwise be available 
                for gross obligations for the principal amount of farm 
                ownership, operating, or emergency loans; and
                    (B) the amounts that would otherwise be available 
                for the cost of farm ownership, operating, or emergency 
                loans (including the cost of modifying loans, as 
                defined in section 502 of the Congressional Budget Act 
                of 1974 (2 U.S.C. 661a));
        for any of such gross obligations or such costs; and
            (2) may not expend any funds, or disburse any new loans, 
        after September 30, 1994, made available by a transfer 
        described in paragraph (1) for fiscal year 1994

 (48)Page 46, line 25, strike out [$834,193,000] and insert: 
$976,853,000

 (49)Page 47, line 5, strike out [$17,000,000] and insert: $20,000,000

 (50)Page 47, line 15, strike out [$115,786,000] and insert: 
$136,466,000

 (51)Page 47, line 16, strike out [$21,723,000] and insert: $21,375,000

 (52)Page 47, line 19, strike out [$2,360,000] and insert: $2,794,000

 (53)Page 47, line 20, strike out [$753,000] and insert: $741,000

 (54)Page 47, line 21, strike out [$103,000] and insert: $105,000

 (55)Page 48, after line 20 insert:

                   Agricultural Resource Conservation

                     Demonstration Program Account

    For gross obligations for the principal amount of guaranteed loans, 
as authorized under sections 1465-1469 of Public Law 101-624 for the 
Agricultural Resource Conservation Demonstration Program, $5,599,000.
    For the cost of guaranteed loans, including the cost of modifying 
loans, as defined in section 502 of the Congressional Budget Act of 
1974, $3,086,000.

 (56)Page 48, line 24, strike out [$2,000,000] and insert: $3,000,000

 (57)Page 50, strike out lines 8 to 11

 (58)Page 51, line 5, after ``$47,500,000,'' insert: of which 
$1,000,000 shall be available to carry out the Northern Great Plains 
Rural Development Act (if enacted); and

 (59)Page 51, line 5, strike out all after ``$47,500,000,'' down to and 
including ``and '' in line 10

 (60)Page 52, line 10, strike out [$1,500,000] and insert: $2,000,000

 (61)Page 52, strike out lines 11 to 14

 (62)Page 54, line 3, strike out [$4,159,000] and insert: $4,368,000

 (63)Page 54, line 24, strike out [$198,000,000] and insert: 
$297,000,000

 (64)Page 55, line 7, strike out [$19,120,000] and insert: $14,807,000

 (65)Page 55, line 9, strike out [$40,000] and insert: $60,000

 (66)Page 56, line 5, strike out [$2,728,000] and insert: $770,000

 (67)Page 58, line 12, strike out all after ``612c)'' over to and 
including ``Secretary'' in line 20 on page 59

 (68)Page 59, line 20, strike out [further]

 (69)Page 59, line 23, strike out [$1,706,000] and insert: $1,853,000

 (70)Page 59, line 25, after ``Institute'' insert: : Provided further, 
That $859,000 shall be available to provide grants to States for non-
recurring costs in providing for the special dietary needs of children 
with disabilities

 (71)Page 60, line 5, strike out all after ``1996.'' down to and 
including line 15

 (72)Page 60, line 22, strike out [$5,500,000] and insert: $8,000,000

 (73)Page 60, line 23, strike out [farmer's] and insert: farmers'

 (74)Page 61, line 1, strike out all after ``programs'' down to and 
including ``purposes'' in line 5

 (75)Page 61, line 19, strike out [$28,817,457,000] and insert: 
$28,830,710,000

 (76)Page 62, line 9, strike out all after ``Project'' down to and 
including ``1994'' in line 13

 (77)Page 62, line 18, after ``2013(b)),'' insert: section 601 of 
Public Law 96-597 (48 U.S.C. 1469d)

 (78)Page 62, line 20, strike out [$183,154,000] and insert: 
$188,404,000

 (79)Page 63, strike out lines 4 to 6

 (80)Page 69, line 14, strike out [$914,394,000] and insert: 
$754,587,000

 (81)Page 69, line 20, strike out all after ``limitation'' down to and 
including ``9701'' in line 22

 (82)Page 69, strike out lines 23 to 25

 (83)Page 70, after line 6 insert:
    Notwithstanding any other provision of law, no employee of the 
United States Department of Agriculture shall be peremptorily removed 
without a hearing from his or her position because of remarks made 
during personal time regarding Departmental policies or proposed 
policies.

 (84)Page 70, after line 6 insert:
    None of the funds in this Act may be used to enforce the permitted 
levels and conditions of use for the nutrient selenium, as revised in 
the Federal Register for September 13, 1993. The permitted levels and 
conditions of use for the nutrient selenium are deemed to be the levels 
and conditions set forth in section 573.920 of title 21, Code of 
Federal Regulations, prior to September 13, 1993, unless and until the 
Commissioner determines that the use of selenium at those levels 
results in a direct and significant adverse effect on the quality of 
the environment.

 (85)Page 70, strike out lines 7 to 11

 (86)Page 70, after line 11 insert:
    None of the funds appropriated under this Act may be used by the 
Food and Drug Administration for the purchase or rental of cellular 
telephones for use by the Food and Drug Administration, and for the 
service and airtime fees related to the use of any cellular telephone 
used by the Food and Drug Administration (except that expenses may be 
incurred for the service and airtime fees for the use of one cellular 
telephone). Any funds under this Act that were to be used by the Food 
and Drug Administration for the purchase or rental of cellular 
telephones for use by the Food and Drug Administration, and for the 
service and airtime fees related to the use of any cellular telephone 
used by the Food and Drug Administration (except expenses with respect 
to the service and airtime fees for the use of one cellular telephone) 
shall instead be used for the medical device approval activities of the 
Center for Devices and Radiological Health.

 (87)Page 70, line 16, strike out [$18,150,000] and insert: $8,350,000

 (88)Page 72, line 2, strike out [$47,480,000] and insert: $50,809,000

 (89)Page 72, line 3, strike out all after ``expenses'' down to and 
including ``appropriation'' in line 8

 (90)Page 77, line 10, strike out [$90,000,000] and insert: zero 
dollars

 (91)Page 77, line 14, after ``3837'' insert: , unless additional acres 
in excess of the 100,000 acre limitation can be enrolled without 
exceeding $93,200,000: Provided, That the unused portion of the fiscal 
year 1994 appropriation shall be used in addition to the $93,200,000

 (92)Page 77, strike out all after line 21 over to and including line 5 
on page 79

 (93)Page 79, strike out lines 6 to 11

 (94)Page 79, strike out lines 19 to 25

 (95)Page 80, strike out lines 1 to 16 and insert:
    Sec. 723. Prohibition on Use of Funds for Honey Payments or Loan 
Forfeitures.--Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act shall be 
used by the Secretary of Agriculture to provide for a total amount of 
payments and/or total amount of loan forfeitures to a person to support 
the price of honey under section 207 of the Agriculture Act of 1949 (7 
U.S.C. 1446h) and section 405A of such Act (7 U.S.C. 1425a) in excess 
of zero dollars in the 1994 and 1995 crop years.

 (96)Page 80, strike out all after line 16 over to and including line 2 
on page 81 and insert:
    Sec. 724. No funds shall be available in fiscal year 1995 and 
thereafter for payments under the Act of August 30, 1890 and the tenth 
and eleventh paragraphs under the heading ``Emergency Appropriations'' 
of the Act of March 4, 1907 (7 U.S.C. 321 et seq.).

 (97)Page 81, strike out all after line 2 over to and including line 
18, on page 83

 (98)Page 83, after line 18 insert:
    Sec. 741. Notwithstanding section 715 of this Act, none of the 
funds appropriated or otherwise made available by this Act shall be 
used to pay the salaries of personnel who carry out a Market Promotion 
Program pursuant to section 203 (7 U.S.C. 5623) of the Agricultural 
Trade Act of 1978, with respect to tobacco or if the aggregate amount 
of funds and/or commodities under such program exceeds $90,000,000: 
Provided, That the appropriated levels provided in this Act for the 
following accounts shall be reduced by 1.5 percent:
            Office of the Secretary.
            Office of Budget and Program Analysis.
            Chief Financial Officer.
            Office of the Assistant Secretary for Administration.
            Advisory Committees (USDA).
            Departmental Administration.
            Office of the Assistant Secretary for Congressional 
        Relations.
            Office of Communications.
            Office of the Inspector General.
            Office of the Assistant Secretary for Economics.
            Economic Research Service.
            National Agricultural Statistics Service.
            World Agricultural Outlook Board.
            Office of the Assistant Secretary for Science and 
        Education.
            Office of the Assistant Secretary for Marketing and 
        Inspection Services.
            Animal and Plant Health Inspection Service, Salaries and 
        Expenses.
            Agricultural Stabilization and Conservation Service, 
        Salaries and Expenses.
            Soil Conservation Service, Conservation Operations.
            Rural Housing Insurance Fund Program Account, 
        Administrative Expenses.
            Agricultural Credit Insurance Fund Program Account, 
        Administrative Expenses.
            Rural Development Insurance Fund Program Account, 
        Administrative Expenses.
            Rural Development Loan Fund Program Account, Administrative 
        Expenses.
            Farmers Home Administration, Salaries and Expenses.
            Rural Electrification and Telephone Loans Program Account, 
        Administrative Expenses.
            Rural Telephone Bank Program Account, Administrative 
        Expenses.
            Office of the Assistant Secretary for Food and Consumer 
        Services.
            Food and Drug Administration, Salaries and Expenses.

 (99)Page 83, after line 18 insert:
    Sec. 742. Ending the Use of Taxpayer Funds To Encourage Employees 
To Accept Homosexuality as a Legitimate or Normal Lifestyle.--None of 
the funds made available under this Act may be used to fund, promote, 
or carry out any seminar or program for employees of the United States 
Department of Agriculture, or to fund any position in the Department of 
Agriculture, the purpose of which is to compel, instruct, encourage, 
urge or persuade Departmental employees or officials to--
            (1) recruit, on the basis of sexual orientation, 
        homosexuals for employment with the Department; or
            (2) embrace, accept, condone, or celebrate homosexuality as 
        a legitimate or normal lifestyle.

 (100)Page 83, after line 18 insert:
    Sec. 743. (a) None of the funds made available in this Act may be 
used to provide any Federal benefit or assistance to any individual or 
entity in the United States unless the Federal entity or official to 
which the funds are made available takes reasonable actions to 
determine whether the individual is in a lawful immigration status in 
the United States.
    (b) In no case may a Federal entity, official or their agent 
discriminate against any individual with respect to filing, inquiry, or 
adjudication of an application for funding made available in this Act 
on the basis of race, color, creed, handicap, religion, sex, sexual 
orientation, national origin, citizenship status or form of lawful 
immigration status.
    (c) For purposes of this section, the term ``Federal benefit or 
assistance'' does not include search and rescue; emergency medical 
care; emergency mass care; emergency shelter; clearance of roads and 
construction of temporary bridges necessary to the performance of 
emergency tasks and essential community services; warning of further 
risks or hazards; dissemination of public information and assistance 
regarding health and safety measures; the provision on an emergency 
basis of food, water, medicine, and other essential needs, including 
movement of supplies or persons; reduction of immediate threats to 
life, property and public health and safety; and programs funded under 
title IV of this Act.

 (101)Page 83, after line 18 insert:
    Sec. 744. (a) In addition to funds made available elsewhere in this 
Act, there are hereby appropriated as of the date of enactment of this 
Act the following, to remain available through September 30, 1995:
            Emergency Community Water Assistance Grants, $10,000,000
            Very Low-Income Housing Repair Grants, $15,000,000
            Agricultural Credit Insurance Fund Program Account: For the 
        cost of direct loans, including the cost of modifying loans, as 
        defined in section 502 of the Congressional Budget Act of 1974, 
        as follows: emergency loans, $7,670,000.
    (b) Of the amount appropriated in the Emergency Supplemental 
Appropriations Act of 1994, Public Law 103-211, for Watershed and Flood 
Prevention Operations, $23,000,000 is transferred to the Emergency 
Conservation Program.
    (c) These amounts are designated by Congress as emergency 
requirements pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, and that such 
amounts shall be available only to the extent the President designates 
such use as emergency requirements pursuant to such Act.

 (102)Page 83, after line 18 insert:
    Sec. 745. Repayment of Deficiency Payments.--In any case in which 
the Secretary of Agriculture finds that the farming, ranching, or 
aquaculture operations of producers on a farm have been substantially 
affected by a natural disaster in the United States or by a major 
disaster or emergency designated by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) during the 1994 crop year, the Secretary of Agriculture shall 
not require any repayment under subparagraph (G) or (H) of section 
114(a)(2) of the Agricultural Act of 1949 (7 U.S.C. 1445j(a)(2)) for 
the 1994 crop of a commodity prior to January 1, 1995.

            Attest:

                                                             Secretary.

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