Omnibus Budget Reconciliation Act Of 1993 (selected .
University of ArkansasNatAgLaw@uark.edu (479) 575-7646www.NationalAgLawCenter.orgOmnibus Budget Reconciliation Act of 1993(selected provisions)Pub. L. No. 103-130, Title I, Agricultural Reconciliation Act of1993, 107 Stat. 312 (1993)The digitization of this Report was performed by the National AgriculturalLaw Center under Specific Cooperative Agreement No. 58-8201-6-140 withthe United States Department of Agriculture, National Agricultural Library.
107 STAT. 312PUBLIC LAW 103-66-AUG. 10, 1993Public Law 103-66103d CongressAn ActAug. 10, 1993[H.R. 2264]Omnibus BudgetReconciliationAct of 1993.To provide Cor reconciliation pursuant to section 7 of the concurrent resolutionon the budget Cor fiscal year 1994.Be it enacted by the Senate and House of Representatives ofthe United States ofAmerica in Congress assembled,,SECTION 1. SHORT TITLE.This Act may be cited as the "Omnibus Budget ReconciliationAct of 1993".SEC. 2. TABLE OF CONTENTS.The table of contents is as follows:TITLE I-AGRICULTURE AND RELATED PROVISIONSTITLE II-ARMED SERVICES PROVISIONSTITLE III-BANKING AND HOUSING PROVISIONSTITLE IV-STUDENT LOANS AND ERISA PROVISIONSTITLE V-TRANSPORTATION AND PUBLIC WORKS PROVISIONSTITLE VI-COMMUNICATIONS LICENSING AND SPECTRUM ALLOCATIONPROVISIONSTITLE VII-NUCLEAR REGULATORYCOMMISSION PROVISIONSTITLE VIII-PATENT AND TRADEMARKOFFICE PROVISIONSTITLE IX-MERCHANT MARINE PROVISIONSTITLE X-NATURAL RESOURCES PROVISIONSTITLE XI-CML SERVICE AND POST OFFICE PROVISIONSTITLE XII-VETERANS' AFFAIRS PROVISIONSTITLE XIII-REVENUE, HEALTH CARE, HUMAN RESOURCES, INCOME SE CURITY, CUSTOMS AND TRADE PROVISIONS, FOOD STAMP PROGRAM,AND TIMBER SALE PROVISIONSTITLE XIV-BUDGET PROCESS PROVISIONS i: nTITLE I-AGRICULTURAL PROGRAMSAct of 1993.7 USC 1421 note.SEC. 1001. SHORT TITLE AND TABLE OF CONTENTS.(a) SHORT TITLE.-This title may be cited as the "AgriculturalReconciliation Act of 1993".
PUBLIC LAW 103-66-AUG. 10, 1993107 STAT. 313(b) TABLE OF CONTENTS.-The table of contents of this titleis as follows:Sec. 1001. Short title and table of contents.Subtitle A-Commodity 0.1111.-gpland cotton program.Wheat program.Feed grain program.Rice program.Dairy program.Tobacco program. program.Oilseeds program.Peanut program.Honey program,Wool and mohair program.Subtitle B-Rural ElectrificationSec. 1201. Refinancing and prepayment of FFB loans.Subtitle C-Agricu1tural TradeSec. 1301. Acreage reduction requirements.Sec. 1302. Market promotion program.Subtitle D-MiscellaneousSec. 1401. Admission, entrance, and recreation fees.Sec. 1402. Environmental conservation acreage reserve program amendments.Sec. 1403. Federal crop insurance.Subtitle A-CoDllllodity ProgramsSEC. 1101. UPLAND CO'ITON 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 "1991" and inserting"1997";(2) in subsections (a)(1), (bX1), (c)(IXA), (c)(1)(B)(ii), and(0),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 andinserting "1998";(4) in subsection (c)(1)(D) (A) in the subparagraph heading, by striking "50/92PROGRAM" and inserting "50/85 PROGRAM";(B) by inserting after "8 percent" both places it appearsthe 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" andinserting the following:"(v) PREVENTED PLANTING AND REDUCED YIELDS. "(I) 1991 THROUGH 1993 cRops.-In the caseof each of the 1991 through 1993 crops of uplandcotton, if"; and(ii) by adding at the end the following newsubclause:"(II) 1994 THROUGH 1997 cRops.-In the caseof each of the 1994 through 1997 crops of uplandb::
PUBLIC LAW 103-66-AUG. 10, 1993107 STAT. 314cotton, producers on a farm shall be eligible toreceive 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 determinedby the Secretary (in accordance with section503(c» to be prevented from planting the cropor have incurred a reduced yield for the crop(due to a natural disaster) and the producerselect to devote a portion of the maximum P8JT ment acres for upland cotton (as calculatedunder subparagraph (CXii» equal to morethan 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 uplandcotton (as calculated under subparagraph(C)(ii» equal to more than 8 percent of theupland cotton acreage, to alternative crops asprovided in subparagraph (E)."; and(5) in subsection (eX1XD), by inserting after "30 percent"the following: "for each of the 1991 through 1994 crops, 29112percent for each of the 1995 and 1996 crops, and 29 percentfor the 1997 crop".(b) PROVISIONS NECESSARY TO THE OPERATION OF THE PRo GRAM. (1) DEFICIENCY AND LAND DIVERSION PAYMENTS.-8ection114 of the Agricultural Act of 1949 (7 U.S.C. l445j) is amendedby striking "1995" each place it appears in subsections (aXl)and (c) and inserting "1997".(2) ACREAGE BASE AND YIELD SYSTEM.-Title V of suchAct (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" eachplace 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 andinserting "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 (I)(A), (IXB), and (2)(A) of section1001 (7 U.S.C. 1308), by striking "1995" each place itappears 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(cXIXE» is amended (1) in the subparagraph heading, by striking "0/92 PRO GRAM" and inserting "0/85 PROGRAM";
PUBLIC LAW 103-66-AUG. 10, 1993107 STAT. 315(2) in clause (i), by inserting after "8'percent" both placesit appears the following: "for each of the 1991 through 1993crops, 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 followingnew clause:"(vii) EXCEPTIONS TO o/s5.-In the case of eachof the 1994 through 1997 crops of wheat, producerson a farm shall be eligible to receive deficiency pay ments as provided in clause (ii) if an acreage limitationprogram under subsection (e) is in effect for the cropand "(I)(aa) the producers have been determinedby the Secretary (in accordance with section 503(c»to be prevented from planting the crop or haveincurred a reduced eld for the crop (due to anatural disaster); an"(bb) the producers elect to devote a portionof the maximum payment acres for wheat (as cal culated under subparagraph (C)(ii» equal to morethan 8 percent of the wheat acreage, to conserva tion uses; or"(II) the producers elect to devote a portionof the maximum payment acres for wheat (as cal culated under subparagraph (C)(ii» equal to morethan 8 percent of the wheat acreage, to alternativecrops as provided in subparagraph (F).".rSEC. 1103. FEED GRAIN PROGRAM.Section 105B(cX1XE) of the Agricultural Act of 1949 (7 U.S.C.1444f(cX1XE» 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 placesit appears the following: "for each of the 1991 through 1993crops, 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 followingnew clause:"(vii) EXCEPTIONS TO oI85.-In the case of eachof the 1994 through 1997 crops of feed grains, produc ers on a farm shall be eligible to receive deficiencypayments as provided in clause (ii) if an acreage limita tion program under subsection (e) is in effect for thecrop and "(IXaa) the producers have been determinedby the Secretary (in accordance with section 503(c»to be prevented from planting the crop or haveincurred a reducedr·eld for the crop (due to anatural disaster); an"(bb) the producers elect to devote a portionof the maximum payment acres for feed grains(as calculated under subparagraph (CXii» equalto more than 8 percent of the feed grain acreage,to conservation uses; or"(II) the producers elect to devote a portionof the maximum payment acres for feed grains
107 STAT. 316PUBLIC LAW 103-66-AUG. 10, 1993(as calculated under subparagraph (CXii» equalto more than 8 percent of the feed grain acreage,to alternative crops as provided in subparagraph(F).".SEC. 1104. RICE PROGRAM.Section 101B(cX1XD) of the Agricultural Act of 1949 (7 U.S.C.1441-2(cXIXD» is amended (1) in the subparagraph headin" by striking "50/92 PRO·GRAM" and inserting "50/85 PROGRAM ;(2) in clause (i), by inserting after "8 percent" both placesit appears the following: "for each of the 1991 through 1993crops, and 15 percent for each of the 1994 through 1997 crops(except as provided in clause (vXII»,"; and(3) in clause (v) (A) by strikin "(v) PREVENTED PLANTING.-If' andinserting the following:"(v) PREVENTED PLANTING AND REDUCED YIELDS. "(I) 1991 THROUGH 1993 CROPS.-In the caseof 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 caors.e-In the caseof each of the 1994 through 1997 crops of rice,producers on a farm shall be eligible to receivedeficiency payments as provided in clause (iii) ifan acreage limitation program under subsection(e) is in effect for the crop and "(aa) the producers have been determinedby the Secretary (in accordance with section503(c» to be prevented from planting the cropor have incurred a reduced yield for the crop(due to a natural disaster) and the producerselect to devote a portion of the maximum pay ment acres for rice (as calculated undersubparagraph (CXii» equal to more than 8percent of the rice acreage, to conservationuses; or"(bb) the producers elect to devote a por tion of the maximum payment acres for rice(as calculated under subparagraph (CXii»equal to more than 8 percent of the rice acre age, to alternative crops as provided insubparagraph (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 "1990" and inserting"1998";(2) in subsections (a), (b), (dX1XA), (dX2XA), (d)(3), (gX1),and (k), by striking "1995" each place it appears and inserting"1996";(3) in subsection (cX3) (A) in the first sentence of subparagraph (A), by strik ing "The Secretary" and inserting "Subject to subparagraph(B), the Secretary";#
PUBLIC LAW 103-66-AUG. 10, 1993107 STAT. 317,(B) by redesignating subparagraph (B) as subpara graph (C); and, (C) by inserting after subparagraph (A) the followingnew subparagraph:"(B) GUIDELINEs.-In the case of purchases of butterand nonfat dry milk that are made by the Secretary underthis section on or after the date of enactment of the Omni bus Budget Reconciliation Act of 1993, in allocating therate of price support between the purchase prices of butterand nonfat dry milk under this paragraph, the Secretarymay not- "(i) offer to purchase butter for more than 0.65per pound; or"(ii) offer to purchase nonfat dry milk for lessthan 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 rateshall be adjusted on or before May 1 of the respectivecalendar 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".7 USC(c) REDUCTION IN PRICE RECEIVED. note.(1) DEFINITIONS.-As used in this subsection:(A) BOVINE GROWTH HORMONE.-The term "bovinegrowth hormone" means a synthetic growth hormone pro duced through the process of recombinant DNA techniquesthat 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 approvesan application with respect to the use of bovine growthhormone.(2) REDUCTION IN PRICE RECEIVED.-In order to offset theeconomic effects of the sale of bovine growth hormone, theSecretary 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(hX2) of the Agricul tural Act of 1949 (7 U.S.C. 1446e(hX2» by 10 percent duringthe period beginning on the date of approval and ending 90days after the date of approval and, during the period, itshall be unlawful for a person to sell bovine growth hormonefor commercial agricultural purposes.14400
107 STAT. 318PUBLIC LAW 103-66-AUG. 10, 1993SEC. 1108. TOBACCO PROGRAM.(8) DoMESTIC MARKETING AssESSMENT.-Part I of subtitle Bof 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 newsection:Business andindustry.Exports andimports.7 USC 1314i."SEC. 3200. DOMESTIC MARKETING ASSESSMENT."(a) CERTIFICATION.-A domestic manufacturer of cigarettesshall certify to the Secretary, for each calendar year, the percentageof the quantity of tobacco used by the manufacturer to producecigarettes during the year that is produced in the United States."(b) PENALTIES. "(1) IN GENERAL.--Subject to subsection (0, 8 domesticmanufacturer of cigarettes that has failed, as determined bythe Secretary after notice and opportunity for 8 hearing, touse in the manufacture of cigarettes during a calendar yeara quantity of tobacco grown in the United States that is atleast 75 percent of the total quantity of tobacco used by themanufacturer, or to comply with subsection (a), shall be subjectto 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 tobaccoin 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 andmaintain such records as are necessary to carry out thissection. If the reports and records are insufficient, theSecretary may request other persons to provide supple mental information."(B) EXAMINATIONS.-For the purpose of ascertainingthe correctness of any report or record required underthis section, or of obtaining further information requiredunder this section, the Secretary and the Office of InspectorGeneral 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, theSecretary may charge a fee to the manufacturer to coverthe reasonable costs of any such examination."(C) PENALTIES.-Any person who fails to provideinformation required under this paragraph or who providesfalse information under this paragraph shall be subjectto section 1001 of title 18, United States Code."(D) CONFIDENTIALITY.-Section 320A(c) shall apply toinformation 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 quantityof domestic or imported tobacco in cigarettes or on thevolume of cigarette production that is submitted underthis section shall be exempt from disclosure under section552 of title 5, United States Code."(c) DOMESTIC MARKETING AssESSMENT. "(1) IN GENERAL.-A domestic manufacturer of cigarettesdescribed in subsection (b) shall remit to the Commodity Credit
PUBLIC LAW 103-66-AUG. 10, 1993107 STAT. 319Corporation a nonrefundable marketing asSessment in accordance with this subsection."(2) AMoUNT.-The amount of an assessment imposed ona manufacturer under this subsection shall be determined bymultiplying"(A) the quantity by which the quantity of importedtobacco used by the manufacturer to produce cigarettesduring a precedinr calendar year exceeds 25 percent ofthe quantity of al tobacco used by the manufacturer toproduce cigarettes during the preceding calendar year; by"(B) the difference between"(i) 2 of the sum of"(I) the average price per pound received bydomestic producers for Burley tobacco during thepreceding calendar year; and"(II) the average price per pound received bydomestic producers for Flue-cured tobacco duringthe preceding calendar year; and"(ill the average price per pound of unmanufactured imported tobacco during the preceding calendaryear, as determined by the Secretary."(3) COLLECTION.-An assessment imposed under this subsection shall be-"(A) collected by the Secretary and transmitted to theCommodity Credit Corporation; and"(B) enforced in the same manner as provided in section320B."(d) PuRcHASE OF BURLEY TOBACCO.-"(1) IN GENERAL.-A domestic manufacturer of cigarettesdescribed in subsection (b) shall purchase from the inventoriesof the producer-owned cooperative marketing associations forBurley tobacco described in section 320B(aX2), at the applicablelist price published by the association, the quantity of tobaccodescribed in paragraph (2)."(2) QUANTITY.-8ubject to paragraph (3), the quantity ofBurley tobacco required to be purchased by a manufacturerduring a calendar year under this subsection shall equal 2of the quantity of imported tobacco used by the manufacturerto produce cigarettes during the preceding calendar year thatexceeds 25 percent of the quantity of all tobacco used by themanufacturer to produce cigarettes during the preceding calendaryear."(3) LIMITATION.-If the total quantity of Burley tobaccorequired to be purchased by all manufacturers under paragraph(2) would reduce the inventories of the producer-owned eooperative marketing associations for Burley tobacco to less thanthe reserve stock level for Burley tobacco, the Secretary shallreduce the quantity of tobacco required to be purchased bymanufacturers under paragraph (2), on a pro rata basis, toensure that the inventories will not be less than the reservestock level for Burley tobacco."(4) NONCOMPLIANCE.-If a manufacturer fails to purchasefrom the inventories of the producer-owned cooperative marketin associations the quantity of Burley: tobacco required underthis subsection, the manufacturer shall be subject to a penaltyof 75 percent of the average market price (calculated to thenearest whole cent) for Burley tobacco for the immediately
107 STAT. 320PUBLIC LAW 103-66-AUG. 10, 1993preceding year on the quantity of tobacco as to which thefailure occurs."(5) PuRcHASE REQUIREMENTS.-Tobacco purchased by amanufacturer under this subsection shall not be included indetermining the quantity of tobacco purchased by the manufacturer under section 320B."(e) PuRCHASE OF FLUE-CURED TOBACCO."(1) IN GENERAL.-A domestic manufacturer of cigarettesdescribed in subsection (b) shall purchase from the inventories'of the producer-owned cooperative marketing associati
Omnibus Budget Reconciliation Act of 1993 (selected provisions) Pub. L. No. 103-130, Title I, Agricultural Reconciliation Act of 1993, 107 Stat. 312 (1993) The digitization of this Report was performed by the National Agricultural Law Center under Specific Cooperative Agreement No. 58-8201-6-140 with
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