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 Ω1æPage 6, line 24, strike out ø$63,918,000¿ and insert:

2 $62,918,000

3 Ω2æPage 8, line 10, strike out ø$54,306,000¿ and insert:

4 $53,565,000

5 Ω3æPage 10, line 13, strike out ø$4,000,000¿ and insert:

6 $9,000,000

7 Ω4æPage 10, line 24, strike out ø$693,977,000¿ and in8 sert: $698,787,000

9 Ω5æPage 12, line 2, after ‘‘California’’ insert: , Beckley,

10 West Virginia

11 Ω6æPage 12, line 22, strike out ø$23,400,000¿ and in12 sert: $43,718,000
2

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1 Ω7æPage 13, line 2, after ‘‘law’’ insert: : Provided further,

2 That the Secretary may exercise his authority to close the

3 research locations specified for closure in the President’s

4 1995 budget for the Department of Agriculture

5 Ω8æPage 13, line 25, strike out ø$44,969,000¿ and in6 sert: $52,295,000

7 Ω9æPage 14, line 8, strike out ø$1,818,000¿ and insert:

8 $650,000

9 Ω10æPage 14, line 11, strike out ø$400,000¿ and insert:

10 $500,000

11 Ω11æPage 14, line 15, strike out all after ‘‘expended;’’

12 down to and including ‘‘amended;’’ in line 18

13 Ω12æPage 14, line 24, strike out ø$1,500,000¿ and in14 sert: $4,350,000

15 Ω13æPage 15, line 11, strike out ø$7,400,000¿ and in16 sert: $8,825,000

17 Ω14æPage 15, line 14, strike out ø$19,954,000¿ and in18 sert: $19,019,000

19 Ω15æPage 16, line 2, strike out ø$413,960,000¿ and in20 sert: $423,083,000
3

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1 Ω16æPage 16, line 14, strike out ø$34,148,000¿ and in2 sert: $62,744,000

3 Ω17æPage 17, line 3, strike out ø$10,147,000¿ and in4 sert: $10,947,000

5 Ω18æPage 17, line 3, after ‘‘$10,147,000’’ insert: , of

6 which up to $125,000 may be transferred to the Cooperative

7 State Research Service

8 Ω19æPage 18, line 1, strike out ø$2,963,000¿ and insert:

9 $3,963,000

10 Ω20æPage 18, line 1, after ‘‘$2,963,000;’’ insert: pay11 ments for rural health and safety education as authorized

12 by section 2390 of Public Law 101–624 (7 U.S.C. 2661

13 note, 2662), $2,750,000;

14 Ω21æPage 18, line 11, strike out ø$7,117,000¿ and in15 sert: $12,611,000

16 Ω22æPage 18, line 11, strike out ø$429,200,000¿ and

17 insert: $439,244,000

18 Ω23æPage 18, line 21, strike out ø$17,845,000¿ and in19 sert: $18,307,000

20 Ω24æPage 19, line 3, after ‘‘improvements’’ insert: : Pro21 vided further, That $462,000 shall be available for a grant

22 pursuant to section 1472 of the National Agricultural Re-
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1 search, Extension, and Teaching Policy Act of 1977 (7

2 U.S.C. 3818), in addition to other funds available in this

3 appropriation for grants under this section

4 Ω25æPage 19, line 24, strike out ø$438,651,000¿ and

5 insert: $438,901,000

6 Ω26æPage 21, strike out all after line 18 over to and

7 including line 2 on page 22

8 Ω27æPage 22, line 14, strike out ø$430,929,000¿ and

9 insert: $533,929,000

10 Ω28æPage 24, line 13, strike out ø$55,728,000¿ and in11 sert: $57,454,000

12 Ω29æPage 25, after line 21 insert:

13 In fiscal year 1996, section 32 funds shall be used to

14 promote sunflower and cottonseed oil exports to the full ex15 tent authorized by section 1541 of Public Law 101–624 (7

16 U.S.C. 1464 note), and such funds shall be used to facilitate

17 additional sales of such oils in world markets.

18 Ω30æPage 26, strike out lines 3 to 16

19 Ω31æPage 29, line 22, strike out ø$62,796,000¿ and in20 sert: $72,796,000

21 Ω32æPage 29, line 22, strike out all after ‘‘$62,796,000’’

22 down to and including ‘‘Service’’ in line 24
5

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1 Ω33æPage 32, after line 3 insert:

2 DISASTER ASSISTANCE

3 Such sums as may be necessary from the Commodity

4 Credit Corporation shall be available, through July 15,

5 1995, to producers under the same terms and conditions

6 authorized in chapter 3, subtitle B, title XXII of Public

7 Law 101–624 for 1994 crops, including aquaculture and

8 excluding ornamental fish, affected by natural disasters:

9 Provided, That such amount is designated by Congress as

10 an emergency requirement pursuant to section

11 251(b)(2)(D)(i) of the Balanced Budget and Emergency

12 Deficit Control Act of 1985, as amended, and that such

13 funds shall be available only to the extent an official budget

14 request for a specific dollar amount, that includes designa15 tion of the entire amount of the request as an emergency

16 requirement pursuant to the Balanced Budget and Emer17 gency Deficit Control Act of 1985, as amended, is transmit18 ted by the President to the Congress: Provided further, That

19 these funds shall be made available upon enactment of this

20 Act: Provided further, That such funds shall also be avail21 able for payments to producers for 1995 through 1998 or22 chard crop losses, if the losses are due to freezing conditions

23 incurred between January 1, 1994, and March 31, 1994,

24 and Federal Crop Insurance is not available for affected

25 orchard crop producers: Provided further, That the use of

26 funds for this purpose is designated by Congress as an emer-
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1 gency requirement pursuant to section 251(b)(2)(D)(i) of

2 the Balanced Budget and Emergency Deficit Control Act

3 of 1985, as amended, and that such use shall be available

4 only to the extent the President designates such use an emer5 gency requirement pursuant to such Act: Provided further,

6 That such funds made available from the Commodity Credit

7 Corporation shall be available to fund the costs of replant8 ing, reseeding, or repairing damage to commercial trees (re9 gardless of the age of the damaged trees), including orchard

10 and nursery inventory, as a result of 1994 weather-related

11 damages: Provided further, That the use of funds for these

12 purposes is designated by Congress as an emergency re13 quirement pursuant to section 251(b)(2)(D)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985,

15 as amended, and that such use shall be available only to

16 the extent the President designates such use an emergency

17 requirement pursuant to such Act: Provided further, That

18 the terms and conditions of section 521, paragraphs (a)(3)

19 and (4), paragraph (b)(3), subparagraph (c)(2)(C), and

20 subsections (d) and (e), as amended in section 201 of S.

21 2095 (as reported by the Committee on Agriculture, Nutri22 tion, and Forestry on June 22, 1994) shall apply to all

23 claims for assistance made under this paragraph.

24 Ω34æPage 33, line 2, strike out ø$576,562,000¿ and in25 sert: $591,049,000
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1 Ω35æPage 33, line 7, strike out ø$2,399,000¿ and insert:

2 $3,899,000

3 Ω36æPage 35, line 13, strike out ø$65,000,000¿ and in4 sert: $75,000,000

5 Ω37æPage 35, line 14, strike out all after ‘‘2209b)’’ down

6 to and including ‘‘State’’ in line 19

7 Ω38æPage 36, line 25, strike out ø$11,672,000¿ and in8 sert: $18,672,000

9 Ω39æPage 39, strike out lines 19 to 25

10 Ω40æPage 40, strike out all including line 1 over to and

11 including line 6 on page 6

12 Ω41æPage 42, line 25, strike out ø$2,323,339,000¿ and

13 insert: $2,400,000,000

14 Ω42æPage 43, line 11, strike out ø$268,105,000¿ and

15 insert: $282,640,000

16 Ω43æPage 43, strike out lines 16 to 23

17 Ω44æPage 45, line 22, strike out all after ‘‘loans;’’ down

18 to and including ‘‘loans;’’ in line 24

19 Ω45æPage 46, line 10, strike out all after ‘‘loans;’’ down

20 to and including ‘‘loans;’’ in line 11
8

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1 Ω46æPage 46, line 14, strike out ø$26,060,000¿ and in2 sert: $26,290,000

3 Ω47æPage 46, line 15, after ‘‘disasters’’ insert: : Pro4 vided, That, notwithstanding any other provision of law,

5 from the date of enactment of this Act until September 30,

6 1994, the Secretary of Agriculture—

7 (1) may transfer funds so as to make available—

8 (A) the amounts that would otherwise be

9 available for gross obligations for the principal

10 amount of farm ownership, operating, or emer11 gency loans; and

12 (B) the amounts that would otherwise be

13 available for the cost of farm ownership, operat14 ing, or emergency loans (including the cost of

15 modifying loans, as defined in section 502 of the

16 Congressional Budget Act of 1974 (2 U.S.C.

17 661a));

18 for any of such gross obligations or such costs; and

19 (2) may not expend any funds, or disburse any

20 new loans, after September 30, 1994, made available

21 by a transfer described in paragraph (1) for fiscal

22 year 1994

23 Ω48æPage 46, line 25, strike out ø$834,193,000¿ and

24 insert: $976,853,000
9

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1 Ω49æPage 47, line 5, strike out ø$17,000,000¿ and in2 sert: $20,000,000

3 Ω50æPage 47, line 15, strike out ø$115,786,000¿ and

4 insert: $136,466,000

5 Ω51æPage 47, line 16, strike out ø$21,723,000¿ and in6 sert: $21,375,000

7 Ω52æPage 47, line 19, strike out ø$2,360,000¿ and in8 sert: $2,794,000

9 Ω53æPage 47, line 20, strike out ø$753,000¿ and insert:

10 $741,000

11 Ω54æPage 47, line 21, strike out ø$103,000¿ and insert:

12 $105,000

13 Ω55æPage 48, after line 20 insert:

14 AGRICULTURAL RESOURCE CONSERVATION

15 DEMONSTRATION PROGRAM ACCOUNT

16 For gross obligations for the principal amount of guar17 anteed loans, as authorized under sections 1465–1469 of

18 Public Law 101–624 for the Agricultural Resource Con19 servation Demonstration Program, $5,599,000.

20 For the cost of guaranteed loans, including the cost of

21 modifying loans, as defined in section 502 of the Congres22 sional Budget Act of 1974, $3,086,000.
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1 Ω56æPage 48, line 24, strike out ø$2,000,000¿ and in2 sert: $3,000,000

3 Ω57æPage 50, strike out lines 8 to 11

4 Ω58æPage 51, line 5, after ‘‘$47,500,000,’’ insert: of

5 which $1,000,000 shall be available to carry out the North6 ern Great Plains Rural Development Act (if enacted); and

7 Ω59æPage 51, line 5, strike out all after ‘‘$47,500,000,’’

8 down to and including ‘‘and ’’ in line 10

9 Ω60æPage 52, line 10, strike out ø$1,500,000¿ and in10 sert: $2,000,000

11 Ω61æPage 52, strike out lines 11 to 14

12 Ω62æPage 54, line 3, strike out ø$4,159,000¿ and insert:

13 $4,368,000

14 Ω63æPage 54, line 24, strike out ø$198,000,000¿ and

15 insert: $297,000,000

16 Ω64æPage 55, line 7, strike out ø$19,120,000¿ and in17 sert: $14,807,000

18 Ω65æPage 55, line 9, strike out ø$40,000¿ and insert:

19 $60,000

20 Ω66æPage 56, line 5, strike out ø$2,728,000¿ and insert:

21 $770,000
11

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1 Ω67æPage 58, line 12, strike out all after ‘‘612c)’’ over

2 to and including ‘‘Secretary’’ in line 20 on page 59

3 Ω68æPage 59, line 20, strike out øfurther¿

4 Ω69æPage 59, line 23, strike out ø$1,706,000¿ and in5 sert: $1,853,000

6 Ω70æPage 59, line 25, after ‘‘Institute’’ insert: : Provided

7 further, That $859,000 shall be available to provide grants

8 to States for non-recurring costs in providing for the special

9 dietary needs of children with disabilities

10 Ω71æPage 60, line 5, strike out all after ‘‘1996.’’ down

11 to and including line 15

12 Ω72æPage 60, line 22, strike out ø$5,500,000¿ and in13 sert: $8,000,000

14 Ω73æPage 60, line 23, strike out øfarmer’s¿ and insert:

15 farmers’

16 Ω74æPage 61, line 1, strike out all after ‘‘programs’’

17 down to and including ‘‘purposes’’ in line 5

18 Ω75æPage 61, line 19, strike out ø$28,817,457,000¿ and

19 insert: $28,830,710,000

20 Ω76æPage 62, line 9, strike out all after ‘‘Project’’ down

21 to and including ‘‘1994’’ in line 13
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1 Ω77æPage 62, line 18, after ‘‘2013(b)),’’ insert: section

2 601 of Public Law 96–597 (48 U.S.C. 1469d)

3 Ω78æPage 62, line 20, strike out ø$183,154,000¿ and

4 insert: $188,404,000

5 Ω79æPage 63, strike out lines 4 to 6

6 Ω80æPage 69, line 14, strike out ø$914,394,000¿ and

7 insert: $754,587,000

8 Ω81æPage 69, line 20, strike out all after ‘‘limitation’’

9 down to and including ‘‘9701’’ in line 22

10 Ω82æPage 69, strike out lines 23 to 25

11 Ω83æPage 70, after line 6 insert:

12 Notwithstanding any other provision of law, no em13 ployee of the United States Department of Agriculture shall

14 be peremptorily removed without a hearing from his or her

15 position because of remarks made during personal time re16 garding Departmental policies or proposed policies.

17 Ω84æPage 70, after line 6 insert:

18 None of the funds in this Act may be used to enforce

19 the permitted levels and conditions of use for the nutrient

20 selenium, as revised in the Federal Register for September

21 13, 1993. The permitted levels and conditions of use for the

22 nutrient selenium are deemed to be the levels and conditions
13

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1 set forth in section 573.920 of title 21, Code of Federal Reg2 ulations, prior to September 13, 1993, unless and until the

3 Commissioner determines that the use of selenium at those

4 levels results in a direct and significant adverse effect on

5 the quality of the environment.

6 Ω85æPage 70, strike out lines 7 to 11

7 Ω86æPage 70, after line 11 insert:

8 None of the funds appropriated under this Act may

9 be used by the Food and Drug Administration for the pur10 chase or rental of cellular telephones for use by the Food

11 and Drug Administration, and for the service and airtime

12 fees related to the use of any cellular telephone used by the

13 Food and Drug Administration (except that expenses may

14 be incurred for the service and airtime fees for the use of

15 one cellular telephone). Any funds under this Act that were

16 to be used by the Food and Drug Administration for the

17 purchase or rental of cellular telephones for use by the Food

18 and Drug Administration, and for the service and airtime

19 fees related to the use of any cellular telephone used by the

20 Food and Drug Administration (except expenses with re21 spect to the service and airtime fees for the use of one cel22 lular telephone) shall instead be used for the medical device

23 approval activities of the Center for Devices and Radiologi24 cal Health.
14

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1 Ω87æPage 70, line 16, strike out ø$18,150,000¿ and in2 sert: $8,350,000

3 Ω88æPage 72, line 2, strike out ø$47,480,000¿ and in4 sert: $50,809,000

5 Ω89æPage 72, line 3, strike out all after ‘‘expenses’’ down

6 to and including ‘‘appropriation’’ in line 8

7 Ω90æPage 77, line 10, strike out ø$90,000,000¿ and in8 sert: zero dollars

9 Ω91æPage 77, line 14, after ‘‘3837’’ insert: , unless addi10 tional acres in excess of the 100,000 acre limitation can

11 be enrolled without exceeding $93,200,000: Provided, That

12 the unused portion of the fiscal year 1994 appropriation

13 shall be used in addition to the $93,200,000

14 Ω92æPage 77, strike out all after line 21 over to and

15 including line 5 on page 79

16 Ω93æPage 79, strike out lines 6 to 11

17 Ω94æPage 79, strike out lines 19 to 25

18 Ω95æPage 80, strike out lines 1 to 16 and insert:

19 SEC. 723. PROHIBITION ON USE OF FUNDS FOR

20 HONEY PAYMENTS OR LOAN FORFEITURES.—Notwith21 standing any other provision of this Act, none of the funds

22 appropriated or otherwise made available by this Act shall
15

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1 be used by the Secretary of Agriculture to provide for a total

2 amount of payments and/or total amount of loan forfeitures

3 to a person to support the price of honey under section 207

4 of the Agriculture Act of 1949 (7 U.S.C. 1446h) and section

5 405A of such Act (7 U.S.C. 1425a) in excess of zero dollars

6 in the 1994 and 1995 crop years.

7 Ω96æPage 80, strike out all after line 16 over to and

8 including line 2 on page 81 and insert:

9 SEC. 724. No funds shall be available in fiscal year

10 1995 and thereafter for payments under the Act of August

11 30, 1890 and the tenth and eleventh paragraphs under the

12 heading ‘‘Emergency Appropriations’’ of the Act of March

13 4, 1907 (7 U.S.C. 321 et seq.).

14 Ω97æPage 81, strike out all after line 2 over to and in15 cluding line 18, on page 83

16 Ω98æPage 83, after line 18 insert:

17 SEC. 741. Notwithstanding section 715 of this Act,

18 none of the funds appropriated or otherwise made available

19 by this Act shall be used to pay the salaries of personnel

20 who carry out a Market Promotion Program pursuant to

21 section 203 (7 U.S.C. 5623) of the Agricultural Trade Act

22 of 1978, with respect to tobacco or if the aggregate amount

23 of funds and/or commodities under such program exceeds

24 $90,000,000: Provided, That the appropriated levels pro-
16

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1 vided in this Act for the following accounts shall be reduced

2 by 1.5 percent:

3 Office of the Secretary.

4 Office of Budget and Program Analysis.

5 Chief Financial Officer.

6 Office of the Assistant Secretary for Administra7 tion.

8 Advisory Committees (USDA).

9 Departmental Administration.

10 Office of the Assistant Secretary for Congres11 sional Relations.

12 Office of Communications.

13 Office of the Inspector General.

14 Office of the Assistant Secretary for Economics.

15 Economic Research Service.

16 National Agricultural Statistics Service.

17 World Agricultural Outlook Board.

18 Office of the Assistant Secretary for Science and

19 Education.

20 Office of the Assistant Secretary for Marketing

21 and Inspection Services.

22 Animal and Plant Health Inspection Service,

23 Salaries and Expenses.

24 Agricultural Stabilization and Conservation

25 Service, Salaries and Expenses.
17

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1 Soil Conservation Service, Conservation Oper2 ations.

3 Rural Housing Insurance Fund Program Ac4 count, Administrative Expenses.

5 Agricultural Credit Insurance Fund Program

6 Account, Administrative Expenses.

7 Rural Development Insurance Fund Program

8 Account, Administrative Expenses.

9 Rural Development Loan Fund Program Ac10 count, Administrative Expenses.

11 Farmers Home Administration, Salaries and

12 Expenses.

13 Rural Electrification and Telephone Loans Pro14 gram Account, Administrative Expenses.

15 Rural Telephone Bank Program Account, Ad16 ministrative Expenses.

17 Office of the Assistant Secretary for Food and

18 Consumer Services.

19 Food and Drug Administration, Salaries and

20 Expenses.

21 Ω99æPage 83, after line 18 insert:

22 SEC. 742. ENDING THE USE OF TAXPAYER FUNDS TO

23 ENCOURAGE EMPLOYEES TO ACCEPT HOMOSEXUALITY AS

24 A LEGITIMATE OR NORMAL LIFESTYLE.—None of the funds

25 made available under this Act may be used to fund, pro-
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1 mote, or carry out any seminar or program for employees

2 of the United States Department of Agriculture, or to fund

3 any position in the Department of Agriculture, the purpose

4 of which is to compel, instruct, encourage, urge or persuade

5 Departmental employees or officials to—

6 (1) recruit, on the basis of sexual orientation, ho7 mosexuals for employment with the Department; or

8 (2) embrace, accept, condone, or celebrate homo9 sexuality as a legitimate or normal lifestyle.

10 Ω100æPage 83, after line 18 insert:

11 SEC. 743. (a) None of the funds made available in this

12 Act may be used to provide any Federal benefit or assist13 ance to any individual or entity in the United States unless

14 the Federal entity or official to which the funds are made

15 available takes reasonable actions to determine whether the

16 individual is in a lawful immigration status in the United

17 States.

18 (b) In no case may a Federal entity, official or their

19 agent discriminate against any individual with respect to

20 filing, inquiry, or adjudication of an application for fund21 ing made available in this Act on the basis of race, color,

22 creed, handicap, religion, sex, sexual orientation, national

23 origin, citizenship status or form of lawful immigration

24 status.
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1 (c) For purposes of this section, the term ‘‘Federal ben2 efit or assistance’’ does not include search and rescue; emer3 gency medical care; emergency mass care; emergency shel4 ter; clearance of roads and construction of temporary

5 bridges necessary to the performance of emergency tasks and

6 essential community services; warning of further risks or

7 hazards; dissemination of public information and assist8 ance regarding health and safety measures; the provision

9 on an emergency basis of food, water, medicine, and other

10 essential needs, including movement of supplies or persons;

11 reduction of immediate threats to life, property and public

12 health and safety; and programs funded under title IV of

13 this Act.

14 Ω101æPage 83, after line 18 insert:

15 SEC. 744. (a) In addition to funds made available else16 where in this Act, there are hereby appropriated as of the

17 date of enactment of this Act the following, to remain avail18 able through September 30, 1995:

19 Emergency Community Water Assistance

20 Grants, $10,000,000

21 Very Low-Income Housing Repair Grants,

22 $15,000,000

23 Agricultural Credit Insurance Fund Program

24 Account: For the cost of direct loans, including the

25 cost of modifying loans, as defined in section 502 of
20

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1 the Congressional Budget Act of 1974, as follows:

2 emergency loans, $7,670,000.

3 (b) Of the amount appropriated in the Emergency

4 Supplemental Appropriations Act of 1994, Public Law

5 103–211, for Watershed and Flood Prevention Operations,

6 $23,000,000 is transferred to the Emergency Conservation

7 Program.

8 (c) These amounts are designated by Congress as emer9 gency requirements pursuant to section 251(b)(2)(D)(i) of

10 the Balanced Budget and Emergency Deficit Control Act

11 of 1985, as amended, and that such amounts shall be avail12 able only to the extent the President designates such use

13 as emergency requirements pursuant to such Act.

14 Ω102æPage 83, after line 18 insert:

15 SEC. 745. REPAYMENT OF DEFICIENCY PAYMENTS.—

16 In any case in which the Secretary of Agriculture finds that

17 the farming, ranching, or aquaculture operations of produc18 ers on a farm have been substantially affected by a natural

19 disaster in the United States or by a major disaster or

20 emergency designated by the President under the Robert T.

21 Stafford Disaster Relief and Emergency Assistance Act (42

22 U.S.C. 5121 et seq.) during the 1994 crop year, the Sec23 retary of Agriculture shall not require any repayment

24 under subparagraph (G) or (H) of section 114(a)(2) of the
21

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1 Agricultural Act of 1949 (7 U.S.C. 1445j(a)(2)) for the 1994

2 crop of a commodity prior to January 1, 1995.

Attest:

Secretary.
22

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