H. R. 1976—27
activities of the Department in connection with foreign agricultural
work, including not to exceed $128,000 for representation allow-
ances and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $124,775,000, of which $5,176,000
may be transferred from Commodity Credit Corporation funds,
$2,792,000 may be transferred from the Commodity Credit Corpora-
tion program account in this Act, and $1,005,000 may be transferred
from the Public Law 480 program account in this Act: Provided,
That the Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal agencies,
public and private organizations and institutions under agreements
executed pursuant to the agricultural food production assistance
programs (7 U.S.C. 1736) and the foreign assistance programs of
the International Development Cooperation Administration (22
U.S.C. 2392): Provided further, That none of the funds made avail-
able by this Act may be used to carry out activities of the market
promotion program (7 U.S.C. 5623) which provides direct grants
to any for-profit corporation that is not recognized as a small
business concern under section 3(a) of the Small Business Act
(15 U.S.C. 632(a)), excluding cooperatives and associations as
described in 7 U.S.C. 291 and non-profit trade associations: Provided
further, That funds available to trade associations, cooperatives,
and small businesses may be used for individual branded pro-
motions; with the beneficiaries having matched the cost of such
promotions.
None of the funds in the foregoing paragraph shall be available
to promote the sale or export of tobacco or tobacco products.
PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS
(INCLUDING TRANSFERS OF FUNDS)
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Agricultural Trade Development and Assistance
Act of 1954, as amended (7 U.S.C. 1691, 1701–1715, 1721–1726,
1727–1727f, 1731–1736g), as follows: (1) $291,342,000 for Public
Law 480 title I credit, including Food for Progress programs; (2)
$25,000,000 is hereby appropriated for ocean freight differential
costs for the shipment of agricultural commodities pursuant to
title I of said Act and the Food for Progress Act of 1985, as
amended; (3) $821,100,000 is hereby appropriated for commodities
supplied in connection with dispositions abroad pursuant to title
II of said Act, of which $60,000,000 shall be financed from funds
credited to the Commodity Credit Corporation pursuant to section
426 of Public Law 103–465; and (4) $50,000,000 is hereby appro-
priated for commodities supplied in connection with dispositions
abroad pursuant to title III of said Act: Provided, That not to
exceed 15 percent of the funds made available to carry out any
title of said Act may be used to carry out any other title of said
Act: Provided further, That such sums shall remain available until
expended (7 U.S.C. 2209b).
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of direct credit agreements as authorized by
the Agricultural Trade Development and Assistance Act of 1954,
as amended, and the Food for Progress Act of 1985, as amended,
including the cost of modifying credit agreements under said Act,
$236,162,000.
H. R. 1976—28
In addition, for administrative expenses to carry out the Public
Law 480 title I credit program, and the Food for Progress Act
of 1985, as amended, to the extent funds appropriated for Public
Law 480 are utilized, $1,750,000.
SHORT-TERM EXPORT CREDIT
The Commodity Credit Corporation shall make available not
less than $5,200,000,000 in credit guarantees under its export credit
guarantee program for short-term credit extended to finance the
export sales of United States agricultural commodities and the
products thereof, as authorized by section 202(a) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5641).
INTERMEDIATE-TERM EXPORT CREDIT
The Commodity Credit Corporation shall make available not
less than $500,000,000 in credit guarantees under its export credit
guarantee program for intermediate-term credit extended to finance
the export sales of United States agricultural commodities and
the products thereof, as authorized by section 202(b) of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5641).
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s export guarantee program, GSM–102 and GSM–103,
$3,381,000; to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
not to exceed $2,792,000 may be transferred to and merged with
the appropriation for the salaries and expenses of the Foreign
Agricultural Service, and of which not to exceed $589,000 may
be transferred to and merged with the appropriation for the salaries
and expenses of the Consolidated Farm Service Agency.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for rental
of special purpose space in the District of Columbia or elsewhere;
and for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary’s certificate, not to exceed
$25,000; $904,694,000, of which not to exceed $84,723,000 in fees
pursuant to section 736 of the Federal Food, Drug, and Cosmetic
Act may be credited to this appropriation and remain available
until expended: Provided, That fees derived from applications
H. R. 1976—29
received during fiscal year 1996 shall be subject to the fiscal year
1996 limitation: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user
fees authorized by 31 U.S.C. 9701.
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available
until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alter-
ation, and purchase of fixed equipment or facilities of or used
by the Food and Drug Administration, where not otherwise pro-
vided, $12,150,000, to remain available until expended (7 U.S.C.
2209b).
RENTAL PAYMENTS (FDA)
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313 for programs and activities of the Food and
Drug Administration which are included in this Act, $46,294,000:
Provided, That in the event the Food and Drug Administration
should require modification of space needs, a share of the salaries
and expenses appropriation may be transferred to this appropria-
tion, or a share of this appropriation may be transferred to the
salaries and expenses appropriation, but such transfers shall not
exceed 5 percent of the funds made available for rental payments
(FDA) to or from this account.
DEPARTMENT OF THE TREASURY
FINANCIAL MANAGEMENT SERVICE
PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL ASSISTANCE
CORPORATION
For necessary payments to the Farm Credit System Financial
Assistance Corporation by the Secretary of the Treasury, as author-
ized by section 6.28(c) of the Farm Credit Act of 1971, as amended,
for reimbursement of interest expenses incurred by the Financial
Assistance Corporation on obligations issued through 1994, as
authorized, $15,453,000.
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; $53,601,000, 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,
H. R. 1976—30
and notwithstanding 31 U.S.C. 3302, said fees shall be credited
to this account, to be available without further appropriation.
FARM CREDIT ADMINISTRATION
ADMINISTRATIVE PROVISION
SEC. 601. (a) For purposes of the administration of chapter
89 of title 5, United States Code, any period of enrollment under
a health benefits plan administered by the Farm Credit Administra-
tion prior to the effective date of this Act shall be deemed to
be a period of enrollment in a health benefits plan under chapter
89 of such title.
(b)(1) An individual who, on September 30, 1995, is covered
by a health benefits plan administered by the Farm Credit Adminis-
tration may enroll in an approved health benefits plan described
under section 8903 or 8903a of title 5, United States Code—
(A) either as an individual or for self and family, if such
individual is an employee, annuitant, or former spouse as
defined under section 8901 of such title; and
(B) for coverage effective on and after September 30, 1995.
(2) An individual who, on September 30, 1995, is entitled to
continued coverage under a health benefits plan administered by
the Farm Credit Administration—
(A) shall be deemed to be entitled to continued coverage
under section 8905a of title 5, United States Code, for the
same period that would have been permitted under the plan
administered by the Farm Credit Administration; and
(B) may enroll in an approved health benefits plan
described under sections 8903 or 8903a of such title in accord-
ance with section 8905A of such title for coverage effective
on and after September 30, 1995.
(3) An individual who, on September 30, 1995, is covered as
an unmarried dependent child under a health benefits plan adminis-
tered by the Farm Credit Administration and who is not a member
of family as defined under section 8901(5) of title 5, United States
Code—
(A) shall be deemed to be entitled to continued coverage
under section 8905a of such title as though the individual
had, on September 30, 1995, ceased to meet the requirements
for being considered an unmarried dependent child under chap-
ter 89 of such title; and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in accord-
ance with section 8905a for continued coverage on and after
September 30, 1995.
(c) The Farm Credit Administration shall transfer to the Fed-
eral Employees Health Benefits Fund established under section
8909 of title 5, United States Code, amounts determined by the
Director of the Office of Personnel Management, after consultation
with the Farm Credit Administration, to be necessary to reimburse
the Fund for the cost of providing benefits under this section not
otherwise paid for by the individuals covered by this section. The
amount so transferred shall be held in the Fund and used by
the Office in addition to the amounts available under section
8906(g)(1) of such title.
(d) The Office of Personnel Management—
H. R. 1976—31
(1) shall administer the provisions of this section to provide
for—
(A) a period of notice and open enrollment for individ-
uals affected by this section; and
(B) no lapse of health coverage for individuals who
enroll in a health benefits plan under chapter 89 of title
5, United States Code, in accordance with this section;
and
(2) may prescribe regulations to implement this section.
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 1996 under this Act shall be available for the
purchase, in addition to those specifically provided for, of not to
exceed 665 passenger motor vehicles, of which 642 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 (7 U.S.C. 427, 1621–1629), and by chapter 63 of title 31,
United States Code, shall be available for contracting in accordance
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; Consolidated Farm Service
Agency, salaries and expenses funds made available to county
committees; and Foreign Agricultural Service, middle-income coun-
try training program.
New obligational authority for the boll weevil program; up
to 10 percent of the screwworm program of the Animal and Plant
Health Inspection Service; Food Safety and Inspection Service, field
automation and information management project; funds appro-
priated for rental payments; funds for the Native American institu-
tions endowment fund in the Cooperative State Research, Edu-
cation, and Extension Service, and funds for the competitive
research grants (7 U.S.C. 450i(b)) 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.
H. R. 1976—32
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 percent
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 1995 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. With the exception of grants awarded under the
Small Business Innovation Development Act of 1982, Public Law
97–219, as amended (15 U.S.C. 638), none of the funds in this
Act shall be available to pay indirect costs on research grants
awarded competitively by the Cooperative State Research, Edu-
cation, and Extension Service that exceed 14 percent of total Federal
funds provided under each award.
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 1996 shall remain available until expended to cover obligations
made in fiscal year 1996 for the following accounts: the rural
development loan fund program account; the Rural Telephone Bank
program account; the rural electrification and telecommunications
loans program account; and the rural economic development loans
program account.
SEC. 715. Such sums as may be necessary for fiscal year 1996
pay raises for programs funded by this Act shall be absorbed within
the levels appropriated in this Act.
SEC. 716. (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
H. R. 1976—33
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
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. 717. 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. 718. 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 Agricultural 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,
1995, and 1996 crop years.
SEC. 719. None of the funds in this Act may be used to retire
more than 5% of the Class A stock of the Rural Telephone Bank.
SEC. 720. None of the funds appropriated or otherwise made
available by this Act may be used to provide benefits to households
whose benefits are calculated using a standard deduction greater
than the standard deduction in effect for fiscal year 1995.
SEC. 721. None of the funds made available in this Act may
be used for any program, project, or activity when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any applicable Federal law relating to risk assess-
ment, the protection of private property rights, or unfunded man-
dates.
SEC. 722. None of the funds made available in this Act shall
be used to increase, from the fiscal year 1995 level, the level
of Full Time Equivalency Positions (whether through new hires
or by transferring full time equivalents from other offices) in any
H. R. 1976—34
of the following Food and Drug Administration offices: Office of
the Commissioner, Office of Policy, Office of External Affairs (Imme-
diate Office, as well as Office of Health Affairs, Office of Legislative
Affairs, Office of Consumer Affairs, and Office of Public Affairs),
and the Office of Management and Systems (Immediate Office,
as well as Office of Planning and Evaluation and Office of Manage-
ment).
SEC. 723. None of the funds made available in this Act may
be used to provide assistance to, or to pay the salaries of personnel
who carry out a market promotion program pursuant to section
203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) that
provides assistance to, the U.S. Mink Export Development Council
or any mink industry trade association.
SEC. 724. None of the funds appropriated or otherwise made
available by this Act shall be used to enroll in excess of 100,000
acres in the fiscal year 1996 wetlands reserve program, as author-
ized by 16 U.S.C. 3837.
SEC. 725. None of the funds appropriated or otherwise made
available by this Act shall be used to enroll additional acres in
the Conservation Reserve Program authorized by 16 U.S.C. 3831–
3845: Provided, That 1,579,000 new acres shall be enrolled in
the program in the year beginning January 1, 1997.
SEC. 726. None of the funds appropriated or otherwise made
available by this Act may be used to develop compliance guidelines,
implement or enforce a regulation promulgated by the Food Safety
and Inspection Service on August 25, 1995 (60 Fed. Reg. 44396):
Provided, That this regulation shall take effect only if legislation
is enacted into law which directs the Secretary of Agriculture to
promulgate such regulation, or the House Committee on Agriculture
and the Senate Committee on Agriculture, Nutrition and Forestry
receive and approve a proposed revised regulation submitted by
the Secretary of Agriculture.
SEC. 727. None of the funds appropriated or made available
to the Food and Drug Administration by this Act shall be used
to operate the Board of Tea Experts.
SEC. 728. None of the funds available in this Act shall be
used for any action, including the development or assertion of
any position or recommendation by or on behalf of the Forest
Service, that directly or indirectly results in the loss of or restriction
on the diversion and use of water from existing water supply
facilities located on National Forest lands by the owners of such
facilities, or result in a material increase in the cost of such yield
to the owners of the water supply: Provided, That nothing in this
section shall preclude a mutual agreement between any agency
of the Department of Agriculture and a State or local governmental
entity or private entity or individual.
SEC. 729. Upon the date of enactment of this Act, the Secretary
of Agriculture shall not enforce Federal regulation 36 CFR Part
223 promulgated on September 8, 1995, for a period of no less
than 120 days: Provided, That during such time the Secretary
shall take notice and public comment on the regulations and make
the necessary revisions to reflect public comment. Any fines
assessed pursuant to 36 CFR Part 223, from the effective date
of said regulation to the date of enactment of this Act, shall be
null and void. During the 120 day period, the interim regulatory
guidelines published pursuant to 55 CFR 48572 and 56 CFR 65834
shall remain in effect.
H. R. 1976—35
This Act may be cited as the ‘‘Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 1996’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.