H. R. 2264
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To provide for reconciliation pursuant to section 7 of the concurrent resolution
on the budget for fiscal year 1994.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Omnibus Budget Reconciliation
Act of 1993’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
TITLE I—AGRICULTURE AND RELATED PROVISIONS
TITLE II—ARMED SERVICES PROVISIONS
TITLE III—BANKING AND HOUSING PROVISIONS
TITLE IV—STUDENT LOANS AND ERISA PROVISIONS
TITLE V—TRANSPORTATION AND PUBLIC WORKS PROVISIONS
TITLE VI—COMMUNICATIONS LICENSING AND SPECTRUM ALLOCATION
PROVISIONS
TITLE VII—NUCLEAR REGULATORY COMMISSION PROVISIONS
TITLE VIII—PATENT AND TRADEMARK OFFICE PROVISIONS
TITLE IX—MERCHANT MARINE PROVISIONS
TITLE X—NATURAL RESOURCES PROVISIONS
TITLE XI—CIVIL SERVICE AND POST OFFICE PROVISIONS
TITLE XII—VETERANS’ AFFAIRS PROVISIONS
TITLE XIII—REVENUE, HEALTH CARE, HUMAN RESOURCES, INCOME SE-
CURITY, CUSTOMS AND TRADE PROVISIONS, FOOD STAMP PROGRAM,
AND TIMBER SALE PROVISIONS
TITLE XIV—BUDGET PROCESS PROVISIONS
TITLE I—AGRICULTURAL PROGRAMS
SEC. 1001. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the ‘‘Agricultural
Reconciliation Act of 1993’’.
H. R. 2264—2
(b) TABLE OF CONTENTS.—The table of contents of this title
is as follows:
Sec. 1001. Short title and table of contents.
Subtitle A—Commodity Programs
Sec. 1101. Upland cotton program.
Sec. 1102. Wheat program.
Sec. 1103. Feed grain program.
Sec. 1104. Rice program.
Sec. 1105. Dairy program.
Sec. 1106. Tobacco program.
Sec. 1107. Sugar program.
Sec. 1108. Oilseeds program.
Sec. 1109. Peanut program.
Sec. 1110. Honey program.
Sec. 1111. Wool and mohair program.
Subtitle B—Rural Electrification
Sec. 1201. Refinancing and prepayment of FFB loans.
Subtitle C—Agricultural Trade
Sec. 1301. Acreage reduction requirements.
Sec. 1302. Market promotion program.
Subtitle D—Miscellaneous
Sec. 1401. Admission, entrance, and recreation fees.
Sec. 1402. Environmental conservation acreage reserve program amendments.
Sec. 1403. Federal crop insurance.
Subtitle A—Commodity Programs
SEC. 1101. UPLAND COTTON PROGRAM.
(a) IN GENERAL.—Section 103B of the Agricultural Act of 1949
(7 U.S.C. 1444–2) is amended—
(1) in the section heading, by striking ‘‘1995’’ and inserting
‘‘1997’’;
(2) in subsections (a)(1), (b)(1), (c)(1)(A), (c)(1)(B)(ii), and
(o), by striking ‘‘1995’’ each place it appears and inserting
‘‘1997’’;
(3) in subparagraphs (B)(i), (D)(i), (E)(i), and (F)(i) of sub-
section (a)(5), by striking ‘‘1996’’ each place it appears and
inserting ‘‘1998’’;
(4) in subsection (c)(1)(D)—
(A) in the subparagraph heading, by striking ‘‘50/92
PROGRAM’’ and inserting ‘‘50/85 PROGRAM’’;
(B) by inserting after ‘‘8 percent’’ both places it appears
the following: ‘‘for each of the 1991 through 1993 crops,
and 15 percent for each of the 1994 through 1997 crops
(except as provided in clause (v)(II)),’’; and
(C) in clause (v)—
(i) by striking ‘‘(v) PREVENTED PLANTING.—If’’ and
inserting the following:
‘‘(v) PREVENTED PLANTING AND REDUCED YIELDS.—
‘‘(I) 1991 THROUGH 1993 CROPS.—In the case
of each of the 1991 through 1993 crops of upland
cotton, if’’; and
(ii) by adding at the end the following new
subclause:
‘‘(II) 1994 THROUGH 1997 CROPS.—In the case
of each of the 1994 through 1997 crops of upland
H. R. 2264—3
cotton, producers on a farm shall be eligible to
receive deficiency payments as provided in clause
(iii) if an acreage limitation program under sub-
section (e) is in effect for the crop and—
‘‘(aa) the producers have been determined
by the Secretary (in accordance with section
503(c)) to be prevented from planting the crop
or have incurred a reduced yield for the crop
(due to a natural disaster) and the producers
elect to devote a portion of the maximum pay-
ment acres for upland cotton (as calculated
under subparagraph (C)(ii)) equal to more
than 8 percent of the upland cotton acreage,
to conservation uses; or
‘‘(bb) the producers elect to devote a por-
tion of the maximum payment acres for upland
cotton (as calculated under subparagraph
(C)(ii)) equal to more than 8 percent of the
upland cotton acreage, to alternative crops as
provided in subparagraph (E).’’; and
(5) in subsection (e)(1)(D), by inserting after ‘‘30 percent’’
the following: ‘‘for each of the 1991 through 1994 crops, 291⁄2
percent for each of the 1995 and 1996 crops, and 29 percent
for the 1997 crop’’.
(b) PROVISIONS NECESSARY TO THE OPERATION OF THE PRO-
GRAM.—
(1) DEFICIENCY AND LAND DIVERSION PAYMENTS.—Section
114 of the Agricultural Act of 1949 (7 U.S.C. 1445j) is amended
by striking ‘‘1995’’ each place it appears in subsections (a)(1)
and (c) and inserting ‘‘1997’’.
(2) ACREAGE
BASE
AND
YIELD
SYSTEM.—Title V of such
Act (7 U.S.C. 1461 et seq.) is amended—
(A) in section 503 (7 U.S.C. 1463)—
(i) in subsection (c)(3)—
(I) by striking ‘‘0/92 or 50/92’’; and
(II) by striking ‘‘1995’’ and inserting ‘‘1997’’;
and
(ii) in subsection (h)(2)(A), by striking ‘‘1995’’ each
place it appears and inserting ‘‘1997’’;
(B) in paragraphs (1) and (2) of section 505(b) (7 U.S.C.
1465(b)), by striking ‘‘1995’’ each place it appears and
inserting ‘‘1997’’; and
(C) in section 509 (7 U.S.C. 1469), by striking ‘‘1995’’
and inserting ‘‘1997’’.
(3) PAYMENT LIMITATIONS.—The Food Security Act of 1985
(Public Law 99–198; 99 Stat. 1354) is amended—
(A) in paragraphs (1)(A), (1)(B), and (2)(A) of section
1001 (7 U.S.C. 1308), by striking ‘‘1995’’ each place it
appears and inserting ‘‘1997’’; and
(B) in section 1001C(a) (7 U.S.C. 1308–3(a)), by striking
‘‘1995’’ both places it appears and inserting ‘‘1997’’.
SEC. 1102. WHEAT PROGRAM.
Section 107B(c)(1)(E) of the Agricultural Act of 1949 (7 U.S.C.
1445b–3a(c)(1)(E)) is amended—
(1) in the subparagraph heading, by striking ‘‘0/92 PRO-
GRAM’’ and inserting ‘‘0/85 PROGRAM’’;
H. R. 2264—4
(2) in clause (i), by inserting after ‘‘8 percent’’ both places
it appears the following: ‘‘for each of the 1991 through 1993
crops, and 15 percent for each of the 1994 through 1997 crops
(except as provided in clause (vii)),’’; and
(3) by adding at the end of the subparagraph the following
new clause:
‘‘(vii) EXCEPTIONS
TO
0/85.—In the case of each
of the 1994 through 1997 crops of wheat, producers
on a farm shall be eligible to receive deficiency pay-
ments as provided in clause (ii) if an acreage limitation
program under subsection (e) is in effect for the crop
and—
‘‘(I)(aa) the producers have been determined
by the Secretary (in accordance with section 503(c))
to be prevented from planting the crop or have
incurred a reduced yield for the crop (due to a
natural disaster); and
‘‘(bb) the producers elect to devote a portion
of the maximum payment acres for wheat (as cal-
culated under subparagraph (C)(ii)) equal to more
than 8 percent of the wheat acreage, to conserva-
tion uses; or
‘‘(II) the producers elect to devote a portion
of the maximum payment acres for wheat (as cal-
culated under subparagraph (C)(ii)) equal to more
than 8 percent of the wheat acreage, to alternative
crops as provided in subparagraph (F).’’.
SEC. 1103. FEED GRAIN PROGRAM.
Section 105B(c)(1)(E) of the Agricultural Act of 1949 (7 U.S.C.
1444f(c)(1)(E)) is amended—
(1) in the subparagraph heading, by striking ‘‘0/92 PRO-
GRAM’’ and inserting ‘‘0/85 PROGRAM’’;
(2) in clause (i), by inserting after ‘‘8 percent’’ both places
it appears the following: ‘‘for each of the 1991 through 1993
crops, and 15 percent for each of the 1994 through 1997 crops
(except as provided in clause (vii)),’’; and
(3) by adding at the end of the subparagraph the following
new clause:
‘‘(vii) EXCEPTIONS
TO
0/85.—In the case of each
of the 1994 through 1997 crops of feed grains, produc-
ers on a farm shall be eligible to receive deficiency
payments as provided in clause (ii) if an acreage limita-
tion program under subsection (e) is in effect for the
crop and—
‘‘(I)(aa) the producers have been determined
by the Secretary (in accordance with section 503(c))
to be prevented from planting the crop or have
incurred a reduced yield for the crop (due to a
natural disaster); and
‘‘(bb) the producers elect to devote a portion
of the maximum payment acres for feed grains
(as calculated under subparagraph (C)(ii)) equal
to more than 8 percent of the feed grain acreage,
to conservation uses; or
‘‘(II) the producers elect to devote a portion
of the maximum payment acres for feed grains
H. R. 2264—5
(as calculated under subparagraph (C)(ii)) equal
to more than 8 percent of the feed grain acreage,
to alternative crops as provided in subparagraph
(F).’’.
SEC. 1104. RICE PROGRAM.
Section 101B(c)(1)(D) of the Agricultural Act of 1949 (7 U.S.C.
1441–2(c)(1)(D)) is amended—
(1) in the subparagraph heading, by striking ‘‘50/92 PRO-
GRAM’’ and inserting ‘‘50/85 PROGRAM’’;
(2) in clause (i), by inserting after ‘‘8 percent’’ both places
it appears the following: ‘‘for each of the 1991 through 1993
crops, and 15 percent for each of the 1994 through 1997 crops
(except as provided in clause (v)(II)),’’; and
(3) in clause (v)—
(A) by striking ‘‘(v) PREVENTED
PLANTING.—If’’ and
inserting the following:
‘‘(v) PREVENTED PLANTING AND REDUCED YIELDS.—
‘‘(I) 1991 THROUGH 1993 CROPS.—In the case
of each of the 1991 through 1993 crops of rice,
if’’; and
(B) by adding at the end the following new subclause:
‘‘(II) 1994 THROUGH 1997 CROPS.—In the case
of each of the 1994 through 1997 crops of rice,
producers on a farm shall be eligible to receive
deficiency payments as provided in clause (iii) if
an acreage limitation program under subsection
(e) is in effect for the crop and—
‘‘(aa) the producers have been determined
by the Secretary (in accordance with section
503(c)) to be prevented from planting the crop
or have incurred a reduced yield for the crop
(due to a natural disaster) and the producers
elect to devote a portion of the maximum pay-
ment acres for rice (as calculated under
subparagraph (C)(ii)) equal to more than 8
percent of the rice acreage, to conservation
uses; or
‘‘(bb) the producers elect to devote a por-
tion of the maximum payment acres for rice
(as calculated under subparagraph (C)(ii))
equal to more than 8 percent of the rice acre-
age, to alternative crops as provided in
subparagraph (E).’’.
SEC. 1105. DAIRY PROGRAM.
(a) IN GENERAL.—Section 204 of the Agricultural Act of 1949
(7 U.S.C. 1446e) is amended—
(1) in the section heading, by striking ‘‘1995’’ and inserting
‘‘1996’’;
(2) in subsections (a), (b), (d)(1)(A), (d)(2)(A), (d)(3), (g)(1),
and (k), by striking ‘‘1995’’ each place it appears and inserting
‘‘1996’’;
(3) in subsection (c)(3)—
(A) in the first sentence of subparagraph (A), by strik-
ing ‘‘The Secretary’’ and inserting ‘‘Subject to subparagraph
(B), the Secretary’’;
H. R. 2264—6
(B) by redesignating subparagraph (B) as subpara-
graph (C); and
(C) by inserting after subparagraph (A) the following
new subparagraph:
‘‘(B) GUIDELINES.—In the case of purchases of butter
and nonfat dry milk that are made by the Secretary under
this section on or after the date of enactment of the Omni-
bus Budget Reconciliation Act of 1993, in allocating the
rate of price support between the purchase prices of butter
and nonfat dry milk under this paragraph, the Secretary
may not—
‘‘(i) offer to purchase butter for more than $0.65
per pound; or
‘‘(ii) offer to purchase nonfat dry milk for less
than $1.034 per pound.’’;
(4) in subsection (h)(2)—
(A) by striking ‘‘and’’ at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph
(B) and inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(C) during each of calendar years 1996 and 1997,
10 cents per hundredweight of milk marketed, which rate
shall be adjusted on or before May 1 of the respective
calendar year in the manner provided in subparagraph
(B).’’; and
(5) in subsection (g)(2), by striking ‘‘1994’’ and inserting
‘‘1996’’.
(b) PROVISIONS NECESSARY TO THE OPERATION OF THE PRO-
GRAM.—Section 101(b) of the Agriculture and Food Act of 1981
(7 U.S.C. 608c note) is amended by striking ‘‘1995’’ and inserting
‘‘1996’’.
(c) REDUCTION IN PRICE RECEIVED.—
(1) DEFINITIONS.—As used in this subsection:
(A) BOVINE
GROWTH
HORMONE.—The term ‘‘bovine
growth hormone’’ means a synthetic growth hormone pro-
duced through the process of recombinant DNA techniques
that is intended for use in bovine animals.
(B) DATE OF APPROVAL.—The term ‘‘date of approval’’
means the date the Food and Drug Administration, pursu-
ant to authority under section 512 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360b), first approves
an application with respect to the use of bovine growth
hormone.
(2) REDUCTION IN PRICE RECEIVED.—In order to offset the
economic effects of the sale of bovine growth hormone, the
Secretary of Agriculture shall decrease the amount of the reduc-
tion in price received by producers specified in subparagraph
(B) or (C) (as appropriate) of section 204(h)(2) of the Agricul-
tural Act of 1949 (7 U.S.C. 1446e(h)(2)) by 10 percent during
the period beginning on the date of approval and ending 90
days after the date of approval and, during the period, it
shall be unlawful for a person to sell bovine growth hormone
for commercial agricultural purposes.
H. R. 2264—7
SEC. 1106. TOBACCO PROGRAM.
(a) DOMESTIC MARKETING ASSESSMENT.—Part I of subtitle B
of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1311 et seq.) is amended by adding at the end the following new
section:
‘‘SEC. 320C. DOMESTIC MARKETING ASSESSMENT.
‘‘(a) CERTIFICATION.—A domestic manufacturer of cigarettes
shall certify to the Secretary, for each calendar year, the percentage
of the quantity of tobacco used by the manufacturer to produce
cigarettes during the year that is produced in the United States.
‘‘(b) PENALTIES.—
‘‘(1) IN
GENERAL.—Subject to subsection (f), a domestic
manufacturer of cigarettes that has failed, as determined by
the Secretary after notice and opportunity for a hearing, to
use in the manufacture of cigarettes during a calendar year
a quantity of tobacco grown in the United States that is at
least 75 percent of the total quantity of tobacco used by the
manufacturer, or to comply with subsection (a), shall be subject
to the requirements of subsections (c), (d), and (e).
‘‘(2) FAILURE TO CERTIFY.—For purposes of this section,
if a manufacturer fails to comply with subsection (a), the manu-
facturer shall be presumed to have used only imported tobacco
in the manufacture of cigarettes produced by the manufacturer.
‘‘(3) REPORTS AND RECORDS.—
‘‘(A) IN GENERAL.—The Secretary shall require manu-
facturers of domestic cigarettes to make such reports and
maintain such records as are necessary to carry out this
section. If the reports and records are insufficient, the
Secretary may request other persons to provide supple-
mental information.
‘‘(B) EXAMINATIONS.—For the purpose of ascertaining
the correctness of any report or record required under
this section, or of obtaining further information required
under this section, the Secretary and the Office of Inspector
General may examine such records, books, and other mate-
rials as the Secretary has reason to believe may be relevant.
In the case of a manufacturer of domestic cigarettes, the
Secretary may charge a fee to the manufacturer to cover
the reasonable costs of any such examination.
‘‘(C) PENALTIES.—Any person who fails to provide
information required under this paragraph or who provides
false information under this paragraph shall be subject
to section 1001 of title 18, United States Code.
‘‘(D) CONFIDENTIALITY.—Section 320A(c) shall apply to
information submitted by manufacturers of domestic ciga-
rettes and other persons under this paragraph.
‘‘(E) DISCLOSURE.—Notwithstanding any other provi-
sion of law, information on the percentage or quantity
of domestic or imported tobacco in cigarettes or on the
volume of cigarette production that is submitted under
this section shall be exempt from disclosure under section
552 of title 5, United States Code.
‘‘(c) DOMESTIC MARKETING ASSESSMENT.—
‘‘(1) IN GENERAL.—A domestic manufacturer of cigarettes
described in subsection (b) shall remit to the Commodity Credit
H. R. 2264—8
Corporation a nonrefundable marketing assessment in accord-
ance with this subsection.
‘‘(2) AMOUNT.—The amount of an assessment imposed on
a manufacturer under this subsection shall be determined by
multiplying—
‘‘(A) the quantity by which the quantity of imported
tobacco used by the manufacturer to produce cigarettes
during a preceding calendar year exceeds 25 percent of
the quantity of all tobacco used by the manufacturer to
produce cigarettes during the preceding calendar year; by
‘‘(B) the difference between—
‘‘(i) 1⁄2 of the sum of—
‘‘(I) the average price per pound received by
domestic producers for Burley tobacco during the
preceding calendar year; and
‘‘(II) the average price per pound received by
domestic producers for Flue-cured tobacco during
the preceding calendar year; and
‘‘(ii) the average price per pound of unmanufac-
tured imported tobacco during the preceding calendar
year, as determined by the Secretary.
‘‘(3) COLLECTION.—An assessment imposed under this sub-
section shall be—
‘‘(A) collected by the Secretary and transmitted to the
Commodity Credit Corporation; and
‘‘(B) enforced in the same manner as provided in section
320B.
‘‘(d) PURCHASE OF BURLEY TOBACCO.—
‘‘(1) IN GENERAL.—A domestic manufacturer of cigarettes
described in subsection (b) shall purchase from the inventories
of the producer-owned cooperative marketing associations for
Burley tobacco described in section 320B(a)(2), at the applicable
list price published by the association, the quantity of tobacco
described in paragraph (2).
‘‘(2) QUANTITY.—Subject to paragraph (3), the quantity of
Burley tobacco required to be purchased by a manufacturer
during a calendar year under this subsection shall equal 1⁄2
of the quantity of imported tobacco used by the manufacturer
to produce cigarettes during the preceding calendar year that
exceeds 25 percent of the quantity of all tobacco used by the
manufacturer to produce cigarettes during the preceding cal-
endar year.
‘‘(3) LIMITATION.—If the total quantity of Burley tobacco
required to be purchased by all manufacturers under paragraph
(2) would reduce the inventories of the producer-owned coopera-
tive marketing associations for Burley tobacco to less than
the reserve stock level for Burley tobacco, the Secretary shall
reduce the quantity of tobacco required to be purchased by
manufacturers under paragraph (2), on a pro rata basis, to
ensure that the inventories will not be less than the reserve
stock level for Burley tobacco.
‘‘(4) NONCOMPLIANCE.—If a manufacturer fails to purchase
from the inventories of the producer-owned cooperative market-
ing associations the quantity of Burley tobacco required under
this subsection, the manufacturer shall be subject to a penalty
of 75 percent of the average market price (calculated to the
nearest whole cent) for Burley tobacco for the immediately
H. R. 2264—9
preceding year on the quantity of tobacco as to which the
failure occurs.
‘‘(5) PURCHASE REQUIREMENTS.—Tobacco purchased by a
manufacturer under this subsection shall not be included in
determining the quantity of tobacco purchased by the manufac-
turer under section 320B.
‘‘(e) PURCHASE OF FLUE-CURED TOBACCO.—
‘‘(1) IN GENERAL.—A domestic manufacturer of cigarettes
described in subsection (b) shall purchase from the inventories
of the producer-owned cooperative marketing association for
Flue-cured tobacco described in section 320B(a)(2), at the
applicable list price published by the association, the quantity
of tobacco described in paragraph (2).
‘‘(2) QUANTITY.—Subject to paragraph (3), the quantity of
Flue-cured tobacco required to be purchased by a manufacturer
during a calendar year under this subsection shall equal 1⁄2
of the quantity of imported tobacco used by the manufacturer
to produce cigarettes during the preceding calendar year that
exceeds 25 percent of the quantity of all tobacco used by the
manufacturer to produce cigarettes during the preceding cal-
endar year.
‘‘(3) LIMITATION.—If the total quantity of Flue-cured tobacco
required to be purchased by all manufacturers under paragraph
(2) would reduce the inventories of the producer-owned coopera-
tive marketing association for Flue-cured tobacco to less than
the reserve stock level for Flue-cured tobacco, the Secretary
shall reduce the quantity of tobacco required to be purchased
by manufacturers under paragraph (2), on a pro rata basis,
to ensure that the inventories will not be less than the reserve
stock level for Flue-cured tobacco.
‘‘(4) NONCOMPLIANCE.—If a manufacturer fails to purchase
from the inventories of the producer-owned cooperative market-
ing association the quantity of Flue-cured tobacco required
under this subsection, the manufacturer shall be subject to
a penalty of 75 percent of the average market price (calculated
to the nearest whole cent) for Flue-cured tobacco for the imme-
diately preceding year on the quantity of tobacco as to which
the failure occurs.
‘‘(5) PURCHASE REQUIREMENTS.—Tobacco purchased by a
manufacturer under this subsection shall not be included in
determining the quantity of tobacco purchased by the manufac-
turer under section 320B.
‘‘(f) CROP LOSSES DUE TO DISASTERS.—
‘‘(1) IN GENERAL.—If the Secretary, in consultation with
producer-owned cooperative marketing associations, determines
that because of drought, insect or disease infestation, or other
natural disaster, or other condition beyond the control of
producers, the total quantity of a crop of domestic Burley
tobacco or Flue-cured tobacco that is harvested and suitable
for marketing is substantially less than the expected yield
for the crop, and that pool inventories for the kind of tobacco
involved have been depleted, effective for the calendar year
following the year in which the crop loss occurs, the Secretary
may reduce the minimum percentage of domestic tobacco speci-
fied in subsection (a) to a percentage below 75 percent, as
determined by the Secretary, that reflects the reduced availabil-
ity of domestic supplies of the kind of tobacco involved.
H. R. 2264—10
‘‘(2) DETERMINATION OF EXPECTED YIELD.—For purposes of
paragraph (1), the Secretary shall determine the expected yield
for a crop of Burley tobacco or Flue-cured tobacco by taking
into consideration—
‘‘(A) the total acreage planted to the crop (including
acreage that the producers were prevented from planting
because of a condition referred to in paragraph (1)); and
‘‘(B) normal farm yields established for the crop.
‘‘(3) DEADLINE FOR DETERMINATIONS.—The Secretary shall
make determinations under paragraph (1) about crop losses
and announce the reduced percentage of the domestic tobacco
pool not later than November 30 of the year in which the
applicable crop of Burley tobacco or Flue-cured tobacco is har-
vested.’’.
(b) BUDGET DEFICIT ASSESSMENT.—
(1) IN GENERAL.—Section 106 of the Agricultural Act of
1949 (7 U.S.C. 1445) is amended by adding at the end the
following new subsection:
‘‘(h)(1) Effective only for each of the 1994 through 1998 crops
of tobacco, an importer of tobacco that is produced outside the
United States shall remit to the Commodity Credit Corporation
a nonrefundable marketing assessment in an amount equal to the
product obtained by multiplying—
‘‘(A) the number of pounds of tobacco that is imported
by the importer; by
‘‘(B) the sum of—
‘‘(i) the per pound marketing assessment imposed on
purchasers of domestic Burley tobacco pursuant to sub-
section (g); and
‘‘(ii) the per pound marketing assessment imposed on
purchasers of domestic Flue-cured tobacco pursuant to sub-
section (g).
‘‘(2) An assessment imposed under this subsection shall be
paid by the importer.
‘‘(3)(A) The importer shall remit the assessment at such time
and in such manner as may be prescribed by the Secretary.
‘‘(B) If the importer fails to comply with subparagraph (A),
the importer shall be liable, in addition, for a marketing penalty
at a rate equal to 37.5 percent of the sum of the average market
price (calculated to the nearest whole cent) of Flue-cured and Burley
tobacco for the immediately preceding year on the quantity of
tobacco as to which the failure occurs.
‘‘(C) This subsection shall be enforced in the same manner
as subparagraphs (B) and (C) of paragraph (1), and paragraphs
(2) and (3), of section 106A(h).
‘‘(4) Any penalty collected by the Secretary under this sub-
section shall be deposited for use by the Commodity Credit Corpora-
tion.’’.
(2) IMPORTER
ASSESSMENTS
FOR
NO
NET
COST
TOBACCO
FUND.—Section 106A of such Act (7 U.S.C. 1445–1) is
amended—
(A) in subsection (c), by inserting ‘‘and importers’’ after
‘‘purchasers’’;
(B) in subsection (d)(1)(A)—
(i) by striking ‘‘and’’ at the end of clause (i); and
(ii) by inserting after clause (ii) the following new
clause:
H. R. 2264—11
‘‘(iii) each importer of Flue-cured or Burley tobacco
shall pay to the appropriate association, for deposit
in the Fund of the association, an assessment, in an
amount that is equal to the product obtained by
multiplying—
‘‘(I) the number of pounds of tobacco that is
imported by the importer; by
‘‘(II) the sum of the amount of per pound pro-
ducer contributions and purchaser assessments
that are payable by domestic producers and pur-
chasers of Flue-cured and Burley tobacco under
clauses (i) and (ii); and’’;
(C) in subsection (d)(2)—
(i) by inserting ‘‘or importer’’ after ‘‘or purchaser’’;
(ii) by striking ‘‘and’’ at the end of subparagraph
(B);
(iii) by inserting ‘‘and’’ at the end of subparagraph
(C); and
(iv) by adding at the end the following new
subparagraph:
‘‘(D) if the tobacco involved is imported by an importer,
from the importer.’’; and
(D) in subsection (h)(1)—
(i) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), respectively; and
(ii) by inserting after subparagraph (A) the follow-
ing new subparagraph:
‘‘(B) Each importer who fails to pay to the association an
assessment as required by subsection (d)(2) at such time and in
such manner as may be prescribed by the Secretary, shall be
liable, in addition to any amount due, for a marketing penalty
at a rate equal to 75 percent of the average market price (calculated
to the nearest whole cent) for the respective kind of tobacco for
the immediately preceding year on the quantity of tobacco as to
which the failure occurs.’’.
(3) IMPORTER
ASSESSMENTS
TO
NO
NET
COST
TOBACCO
ACCOUNT.—Section 106B of such Act (7 U.S.C. 1445–2) is
amended—
(A) in subsection (c)(1), by striking ‘‘producers and
purchasers’’ and inserting ‘‘producers, purchasers, and
importers’’;
(B) in subsection (d)(1)—
(i) by designating the first and second sentences
as subparagraphs (A) and (B), respectively; and
(ii) by adding at the end the following new
subparagraph:
‘‘(C) The Secretary shall also require (in lieu of any requirement
under section 106A(d)(1)) that each importer of Flue-cured and
Burley tobacco shall pay to the Corporation, for deposit in the
Account of the association, an assessment, as determined under
paragraph (2) and collected under paragraph (3), with respect to
purchases of all such kinds of tobacco imported by the importer.’’;
(C) in subsection (d)(2), by adding at the end the follow-
ing new subparagraph:
‘‘(C) The amount of the assessment to be paid by importers
shall be an amount that is equal to the product obtained by
multiplying—
H. R. 2264—12
‘‘(i) the number of pounds of tobacco that is imported by
the importer; by
‘‘(ii) the sum of the amount of per pound producer and
purchaser assessments that are payable by domestic producers
and purchasers of the respective kind of tobacco under this
paragraph.’’;
(D) in subsection (d)(3), by adding at the end the follow-
ing new subparagraph:
‘‘(D) If Flue-cured or Burley tobacco is imported by an importer,
any importer assessment required by subsection (d) shall be col-
lected from the importer.’’; and
(E) in subsection (j)(1)—
(i) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), respectively; and
(ii) by inserting after subparagraph (A) the follow-
ing new subparagraph:
‘‘(B) Each importer who fails to pay to the Corporation an
assessment as required by subsection (d) at such time and in
such manner as may be prescribed by the Secretary, shall be
liable, in addition to any amount due, to a marketing penalty
at a rate equal to 75 percent of the average market price (calculated
to the nearest whole cent) for the respective kind of tobacco for
the immediately preceding year on the quantity of tobacco as to
which the failure occurs.’’.
(c) FEES FOR INSPECTING IMPORTED TOBACCO.—The second sen-
tence of section 213(d) of the Tobacco Adjustment Act of 1983
(7 U.S.C. 511r(d)) is amended by inserting before the period at
the end the following: ‘‘, and which shall be comparable to fees
and charges fixed and collected for services provided in connection
with tobacco produced in the United States’’.
(d) EXTENSION OF QUOTA REDUCTION FLOORS.—
(1) BURLEY TOBACCO.—Section 319(c)(3)(C)(ii) of the Agri-
cultural Adjustment Act of 1938 (7 U.S.C. 1314e(c)(3)(C)(ii))
is amended—
(A) by striking ‘‘1993’’ and inserting ‘‘1996’’; and
(B) by inserting before the period at the end the follow-
ing: ‘‘, except that, in the case of each of the 1995 and
1996 crops of Burley tobacco, the Secretary may waive
the requirements of this clause if the Secretary determines
that the requirements would likely result in inventories
of the producer-owned cooperative marketing associations
for Burley tobacco described in section 320B(a)(2) to exceed
150 percent of the reserve stock level for Burley tobacco’’.
(2) FLUE-CURED TOBACCO.—Section 317(a)(1)(C)(ii) of such
Act (7 U.S.C. 1314c(a)(1)(C)(ii)) is amended—
(A) by striking ‘‘1993’’ and inserting ‘‘1996’’; and
(B) by inserting before the period at the end the follow-
ing: ‘‘, except that, in the case of each of the 1995 and
1996 crops of Flue-cured tobacco, the Secretary may waive
the requirements of this clause if the Secretary determines
that the requirements would likely result in inventories
of the producer-owned cooperative marketing association
for Flue-cured tobacco described in section 320B(a)(2) to
exceed 150 percent of the reserve stock level for Flue-
cured tobacco’’.
H. R. 2264—13
SEC. 1107. SUGAR PROGRAM.
(a) IN GENERAL.—Section 206 of the Agricultural Act of 1949
(7 U.S.C. 1446g) is amended—
(1) in the section heading, by striking ‘‘1995’’ and inserting
‘‘1997’’;
(2) in subsections (a), (c), (d)(1), and (j), by striking ‘‘1995’’
each place it appears and inserting ‘‘1997’’; and
(3) in subsection (i)—
(A) in paragraph (1), by striking ‘‘equal to’’ and all
that follows through the period at the end and inserting
the following: ‘‘equal to—
‘‘(A) in the case of marketings during each of fiscal
years 1992 through 1994, 1.0 percent of the loan level
established under subsection (b) per pound of raw cane
sugar (but not more than .18 cents per pound of raw
cane sugar), processed by the processor from domestically
produced sugarcane or sugarcane molasses, that has been
marketed (including the transfer or delivery of the sugar
to a refinery for further processing or marketing); and
‘‘(B) in the case of marketings during each of fiscal
years 1995 through 1998, 1.1 percent of the loan level
established under subsection (b) per pound of raw cane
sugar (but not more than .198 cents per pound of raw
cane sugar), processed by the processor from domestically
produced sugarcane or sugarcane molasses, that has been
marketed (including the transfer or delivery of the sugar
to a refinery for further processing or marketing).’’;
(B) in paragraph (2), by striking ‘‘equal to’’ and all
that follows through the period at the end and inserting
the following: ‘‘equal to—
‘‘(A) in the case of marketings during each of fiscal
years 1992 through 1994, 1.0722 percent of the loan level
established under subsection (b) per pound of beet sugar
(but not more than .193 cents per pound of beet sugar),
processed by the processor from domestically produced
sugar beets or sugar beet molasses, that has been mar-
keted; and
‘‘(B) in the case of marketings during each of fiscal
years 1995 through 1998, 1.1794 percent of the loan level
established under subsection (b) per pound of beet sugar
(but not more than .2123 cents per pound of beet sugar),
processed by the processor from domestically produced
sugar beets or sugar beet molasses, that has been mar-
keted.’’; and
(C) by adding at the end the following new paragraph:
‘‘(6) EXCESS MARKETINGS.—In addition to the assessment
required under paragraph (1) or (2), a processor who knowingly
markets sugar in excess of the allocated allotment of the proc-
essor under section 359d of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359dd) shall pay an assessment in an amount
that is double the applicable assessment required under para-
graph (1) or (2) per pound of sugar marketed.’’.
(b) PROVISIONS NECESSARY TO THE OPERATION OF THE PRO-
GRAM.—Section 359b of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359bb) is amended—
(1) in subsection (a)(1), by striking ‘‘1996’’ and inserting
‘‘1998’’; and
H. R. 2264—14
(2) in subsection (d)—
(A) by striking paragraph (1) and inserting the follow-
ing new paragraph:
‘‘(1) IN GENERAL.—During any fiscal year or portion thereof
for which marketing allotments have been established, no proc-
essor of sugar beets or sugarcane shall market a quantity
of sugar in excess of the allocation established for such proc-
essor, except to enable another processor to fulfill an allocation
established for such other processor or to facilitate the expor-
tation of such sugar.’’; and
(B) in paragraph (3), by inserting ‘‘knowingly’’ after
‘‘who’’ each place it appears.
SEC. 1108. OILSEEDS PROGRAM.
Section 205 of the Agricultural Act of 1949 (7 U.S.C. 1446f)
is amended—
(1) in subsection (c)—
(A) in paragraph (1), by inserting after ‘‘$5.02 per
bushel’’ the following: ‘‘for each of the 1991 through 1993
crops and $4.92 per bushel for each of the 1994 through
1997 crops’’; and
(B) in paragraph (2), by inserting after ‘‘$0.089 per
pound’’ the following: ‘‘for each of the 1991 through 1993
crops and $0.087 per pound for each of the 1994 through
1997 crops’’;
(2) in subsection (h), by striking ‘‘mature on the last day
of the 9th month following the month the application for the
loan is made.’’ and inserting the following: ‘‘mature—
‘‘(1) in the case of each of the 1991 through 1993 crops,
on the last day of the 9th month following the month the
application for the loan is made; and
‘‘(2) in the case of each of the 1994 through 1997 crops,
on the last day of the 9th month following the month the
application for the loan is made, except that the loan may
not mature later than the last day of the fiscal year in which
the application is made.’’; and
(3) in subsection (m), by adding at the end the following
new paragraph:
‘‘(3) APPLICABILITY.—This subsection shall apply only to
each of the 1991 through 1993 crops of oilseeds.’’.
SEC. 1109. PEANUT PROGRAM.
(a) IN GENERAL.—Section 108B of the Agricultural Act of 1949
(7 U.S.C. 1445c–3) is amended—
(1) in the section heading, by striking ‘‘1995’’ and inserting
‘‘1997’’;
(2) in subsections (a)(1), (a)(2), (b)(1), (g)(1), and (h), by
striking ‘‘1995’’ each place it appears and inserting ‘‘1997’’;
and
(3) in subsection (g)—
(A) in paragraph (1), by inserting after ‘‘1 percent’’
both places it appears the following: ‘‘for each of the 1991
through 1993 crops, 1.1 percent for each of the 1994 and
1995 crops, 1.15 percent for the 1996 crop, and 1.2 percent
for the 1997 crop,’’; and
(B) in paragraph (2)(A), by striking clauses (i) and
(ii) and inserting the following new clauses:
H. R. 2264—15
‘‘(i) collect from the producer a marketing assess-
ment equal to the quantity of peanuts acquired multi-
plied by—
‘‘(I) in the case of each of the 1991 through
1993 crops, .5 percent of the applicable national
average support rate;
‘‘(II) in the case of each of the 1994 and 1995
crops, .55 percent of the applicable national aver-
age support rate;
‘‘(III) in the case of the 1996 crop, .6 percent
of the applicable national average support rate;
and
‘‘(IV) in the case of the 1997 crop, .65 percent
of the applicable national average support rate;
‘‘(ii) pay, in addition to the amount collected under
clause (i), a marketing assessment in an amount equal
to the quantity of peanuts acquired multiplied by—
‘‘(I) in the case of each of the 1991 through
1993 crops, .5 percent of the applicable national
average support rate; and
‘‘(II) in the case of each of the 1994 through
1997 crops, .55 percent of the applicable national
average support rate; and’’.
(b) ASSESSMENT UNDER PEANUT MARKETING AGREEMENT.—Sec-
tion 8b(b)(1) of the Agricultural Adjustment Act (7 U.S.C.
608b(b)(1)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) any assessment (except with respect to any assessment
for the indemnification of losses on rejected peanuts) imposed
under the agreement shall—
‘‘(i) apply to peanut handlers (as defined by the Sec-
retary) who have not entered into such an agreement with
the Secretary in addition to those handlers who have
entered into the agreement; and
‘‘(ii) be paid to the Secretary.’’.
(c) PROVISIONS NECESSARY TO THE OPERATION OF THE PRO-
GRAM.—Part VI of subtitle B of title III of the Agricultural Adjust-
ment Act of 1938 is amended—
(1) in section 358–1 (7 U.S.C. 1358–1)—
(A) in the section heading, by striking ‘‘1995’’ and insert-
ing ‘‘1997’’; and
(B) in subsections (a)(1), (b)(1)(A), (b)(1)(B), (b)(2)(A),
(b)(2)(C), (b)(3)(A), and (f), by striking ‘‘1995’’ each place
it appears and inserting ‘‘1997’’; and
(2) in section 358e (7 U.S.C. 1359a)—
(A) in the section heading, by striking ‘‘1995’’ and insert-
ing ‘‘1997’’; and
(B) in subsection (i), by striking ‘‘1995’’ and inserting
‘‘1997’’.
SEC. 1110. HONEY PROGRAM.
Section 207 of the Agricultural Act of 1949 (7 U.S.C. 1446h)
is amended—
H. R. 2264—16
(1) by striking ‘‘1995’’ each place it appears in subsections
(a), (c)(1), and (j) and inserting ‘‘1998’’;
(2) in subsection (a), by striking ‘‘than 53.8 cents per
pound.’’ and inserting ‘‘than—
‘‘(1) 53.8 cents per pound for each of the 1991 through
1993 crop years;
‘‘(2) 50 cents per pound for each of the 1994 and 1995
crop years;
‘‘(3) 49 cents per pound for the 1996 crop year;
‘‘(4) 48 cents per pound for the 1997 crop year; and
‘‘(5) 47 cents per pound for the 1998 crop year.’’;
(3) in subsection (e)(1)—
(A) by striking ‘‘and’’ at the end of subparagraph (C);
and
(B) by striking subparagraph (D) and inserting the
following new subparagraphs:
‘‘(D) $125,000 in the 1994 crop year;
‘‘(E) $100,000 in the 1995 crop year;
‘‘(F) $75,000 in the 1996 crop year; and
‘‘(G) $50,000 in each of the 1997 and 1998 crop years.’’;
and
(4) in subsection (i)(1), by striking ‘‘1995’’ and inserting
‘‘1993’’.
SEC. 1111. WOOL AND MOHAIR PROGRAM.
The National Wool Act of 1954 (7 U.S.C. 1781 et seq.) is
amended—
(1) in section 703 (7 U.S.C. 1782), by striking ‘‘1995’’ both
places it appears in subsections (a) and (b)(2) and inserting
‘‘1997’’;
(2) in section 704 (7 U.S.C. 1783)—
(A) in subsection (b)(1)—
(i) by striking ‘‘and’’ at the end of subparagraph
(C); and
(ii) by striking subparagraph (D) and inserting
the following new subparagraphs:
‘‘(D) $125,000 for the 1994 marketing year;
‘‘(E) $100,000 for the 1995 marketing year;
‘‘(F) $75,000 for the 1996 marketing year; and
‘‘(G) $50,000 for the 1997 marketing year.’’; and
(B) in subsection (c), by striking ‘‘through 1995’’ and
inserting ‘‘and 1992’’; and
(3) in section 706 (7 U.S.C. 1785), by inserting after the
second sentence the following new sentence: ‘‘In determining
the net sales proceeds and national payment rates for shorn
wool and shorn mohair, the Secretary shall not deduct market-
ing charges for commissions, coring, or grading.’’.
Subtitle B—Rural Electrification
SEC. 1201. REFINANCING AND PREPAYMENT OF FFB LOANS.
(a) IN GENERAL.—Title III of the Rural Electrification Act of
1936 (7 U.S.C. 931 et seq.) is amended by inserting after section
306B (7 U.S.C. 936b) the following new section: