H. R. 4554—32
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the
Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.), including
the purchase and hire of passenger motor vehicles; the rental of
space (to include multiple year leases) in the District of Columbia
and elsewhere; and not to exceed $25,000 for employment under
5 U.S.C. 3109; $49,144,000, including not to exceed $1,000 for
official reception and representation expenses: Provided, That the
Commission is authorized to charge reasonable fees to attendees
of Commission sponsored educational events and symposia to cover
the Commission’s costs of providing those events and symposia,
and notwithstanding 31 U.S.C. 3302, said fees shall be credited
to this account, to be available without further appropriation.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $40,420,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249.
TITLE VII—GENERAL PROVISIONS
SEC. 701. Within the unit limit of cost fixed by law, appropria-
tions and authorizations made for the Department of Agriculture
for the fiscal year 1995 under this Act shall be available for the
purchase, in addition to those specifically provided for, of not to
exceed 706 passenger motor vehicles, of which 705 shall be for
replacement only, and for the hire of such vehicles.
SEC. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor
as authorized by law (5 U.S.C. 5901–5902).
SEC. 703. Not less than $1,500,000 of the appropriations of
the Department of Agriculture in this Act for research and service
work authorized by the Acts of August 14, 1946, and July 28,
1954, and (7 U.S.C. 427, 1621–1629), and by chapter 63 of title
31, United States Code, shall be available for contracting in accord-
ance with said Acts and chapter.
SEC. 704. The cumulative total of transfers to the Working
Capital Fund for the purpose of accumulating growth capital for
data services and National Finance Center operations shall not
exceed $2,000,000: Provided, That no funds in this Act appropriated
to an agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency administrator.
SEC. 705. New obligational authority provided for the following
appropriation items in this Act shall remain available until
expended (7 U.S.C. 2209b): Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions, and
Integrated Systems Acquisition Project; Agricultural Stabilization
and Conservation Service, salaries and expenses funds made avail-
able to county committees; Foreign Agricultural Service, Middle-
Income Country Training Program; higher education graduate
fellowships grants under section 1417(b)(6) of the National Agricul-
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tural Research, Extension, and Teaching Policy Act of 1977, as
amended (7 U.S.C. 3152(b)(6)); and capacity building grants to
colleges eligible to receive funds under the Act of August 30, 1890,
including Tuskegee University.
New obligational authority for the Boll Weevil Program; up
to 10 per centum of the Screwworm Program of the Animal and
Plant Health Inspection Service; funds appropriated for Rental Pay-
ments; and higher education minority scholars programs under
section 1417(b)(5) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977, as amended (7 U.S.C. 3152(b)(5))
shall remain available until expended.
SEC. 706. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 707. Not to exceed $50,000 of the appropriations available
to the Department of Agriculture in this Act shall be available
to provide appropriate orientation and language training pursuant
to Public Law 94–449.
SEC. 708. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 per centum
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 709. Notwithstanding any other provision of this Act,
commodities acquired by the Department in connection with
Commodity Credit Corporation and section 32 price support oper-
ations may be used, as authorized by law (15 U.S.C. 714c and
7 U.S.C. 612c), to provide commodities to individuals in cases of
hardship as determined by the Secretary of Agriculture.
SEC. 710. None of the funds in this Act shall be available
to reimburse the General Services Administration for payment of
space rental and related costs in excess of the amounts specified
in this Act; nor shall this or any other provision of law require
a reduction in the level of rental space or services below that
of fiscal year 1994 or prohibit an expansion of rental space or
services with the use of funds otherwise appropriated in this Act.
Further, no agency of the Department of Agriculture, from funds
otherwise available, shall reimburse the General Services Adminis-
tration for payment of space rental and related costs provided
to such agency at a percentage rate which is greater than is avail-
able in the case of funds appropriated in this Act.
SEC. 711. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation to
lease space for its own use or to lease space on behalf of other
agencies of the Department of Agriculture when such space will
be jointly occupied.
SEC. 712. None of the funds in this Act shall be available
to pay indirect costs on research grants awarded competitively
by the Cooperative State Research Service that exceed 14 per cen-
tum of total Federal funds provided under each award.
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SEC. 713. Notwithstanding any other provisions of this Act,
all loan levels provided in this Act shall be considered estimates,
not limitations.
SEC. 714. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in fiscal
year 1995 shall remain available until expended to cover obligations
made in fiscal year 1995 for the following accounts: Rural Develop-
ment Insurance Fund Program Account; Rural Development Loan
Fund Program Account; the Rural Telephone Bank Program
Account; the Rural Electrification and Telephone Loans Program
Account; and the REA Economic Development Loans Program
Account.
SEC. 715. 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 $85,500,000.
SEC. 716. 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 1995 Wetlands Reserve Program, as author-
ized by 16 U.S.C. 3837, unless additional acres in excess of the
100,000 acre limitation can be enrolled without exceeding
$93,200,000: Provided, That the unobligated portion of the fiscal
year 1994 appropriation shall be transferred to and merged with
the appropriation for the Soil Conservation Service, Conservation
Operations.
SEC. 717. 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.
SEC. 718. Such sums as may be necessary for fiscal year 1995
pay raises for programs funded by this Act shall be absorbed within
the levels appropriated in this Act.
SEC. 719. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None
of the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with sections 2 through 4 of the Act of March
3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American
Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
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inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 720. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing
Service may use cooperative agreements to reflect a relationship
between Agricultural Marketing Service and a State or Cooperator
to carry out agricultural marketing programs.
SEC. 721. 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 1995 Budget Request
(H. Doc. 103–179)) if the aggregate amount of funds and/or commod-
ities under such program exceeds $800,000,000.
SEC. 722. 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 sunflower and cottonseed oil export program author-
ized by section 1541 of Public Law 101–624 if the aggregate amount
of funds and/or commodities under such program exceeds
$25,650,000.
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 forfeit-
ures 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.
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.).
SEC. 725. The Secretary shall take reasonable steps to ensure
that no funds made available under this Act be used to provide
any direct individual Federal benefit or assistance to any individual
applying for such benefit or assistance unless said individual meets
all eligibility criteria for the benefit or assistance.
SEC. 726. (a) In addition to funds made available elsewhere
in this Act, there are hereby appropriated as of the date of enact-
ment of this Act the following, to remain available through Septem-
ber 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.
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(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.
SEC. 727. REPAYMENT OF DEFICIENCY PAYMENTS.—In any case
in which the Secretary of Agriculture finds that the farming, ranch-
ing, 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 Assist-
ance Act (42 U.S.C. 5121 et seq.), 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 1993 crop of a commodity prior to March 1,
1995.
This Act may be cited as the ‘‘Agricultural, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 1995’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.