Congressional Record
Proceedings, Debates of the U.S. Congress
July 20, 2000
106th Congress, 2nd Session
Issue: Vol. 146, No. 95 — Daily Edition
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AMENDMENTS SUBMITTED
(Senate - July 20, 2000)
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[Pages S7400-S7407] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] AMENDMENTS SUBMITTED ______ AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001 ______ EDWARDS AMENDMENT NO. 3954 (Ordered to lie on the Table.) Mr. EDWARDS submitted an amendment intended to be proposed by him to the bill (H.R. 4461) making appropriations for Agriculture, Rural Development, Food and Drug Administration and Related Agencies programs for the fiscal year ending September 30, 2001, and for other purposes; as follows: On page 40, line 17, after the period, insert the following: ``For an additional amount for the rural community advancement program under subtitle E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009 et seq.), $50,000,000, to remain available until expended, to provide loans under the community facility direct and guaranteed loans program and grants under the community facilities grant program under paragraphs (1) and (19), respectively, of section 306(a) of that Act (7 U.S.C. 1926 (a)) with respect to areas in the State of North Carolina subject to a declaration of a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5125 et seq.) as a result of Hurricane Floyd, Hurricane Dennis, or Hurricane Irene: Provided, That the $50,000,000 shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) Provided further, That the $50,000,000 is designated by Congress as an emergency requirement under section 251(b)(2)(A) of the Balance Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).'' ______ COCHRAN AMENDMENT NO. 3955 Mr. COCHRAN proposed an amendment to amendment No. 3938 proposed by Mr. Harkin to the bill, H.R. 4461, supra; as follows: On page 2 of the amendment: Strike ``established by the Secretary'' and insert in lieu thereof: ``Promulgated with the advice of the National Advisory Committee on Microbiological Criteria for Foods and that are shown to be adulterated''. ______ TORRICELLI (AND REED) AMENDMENT NO. 3956 (Ordered to lie on the table.) Mr. TORRICELLI (for himself and Mr. Reed) submitted an amendment intended to proposed by him to the bill, H.R. 4461, supra; as follows: On page 50, line 6, before the period, insert the following: ``: Provided further, That funds made available under this heading shall be made available for sites participating in the special supplemental nutrition program for women, infants, and children to-- ``(1) determine whether a child eligible to participate in the program has received a blood lead screening test, using a test that is appropriate for age and risk factors, upon the enrollment of the child in the program. ______ HATCH (AND OTHERS) AMENDMENT NO. 3957 (Ordered to lie on the table.) Mr. HATCH (for himself, Mr. Durbin, Mr. Johnson, Mr. Schumer, Mr. DeWine, Mr. Leahy, Mr. Wyden, Mrs. Feinstein, Mr. Graham, and Mr. Voinovich) submitted an amendment intended to be proposed by them to the bill, H.R. 4461, supra; as follows: On page 56, line 9, strike ``$313,143,000'' and insert ``$315,143,000''. On page 57, line 2, strike ``$78,589,000'' and insert ``$76,589,000''. ______ SPECTER (AND OTHERS) AMENDMENT NO. 3958 (Ordered to lie on the table.) Mr. SPECTER (for himself, Mr. Kohl, Mr. Moynihan, Mr. Santorum, Mr. Kerry, Mr. Biden, Mrs. Hutchison, Mr. Lautenberg, Mr. Schumer, Mr. Warner, and Mr. Jeffords) submitted an amendment intended to be proposed by them to the bill, H.R. 4461, supra; as follows: At the end of chapter 6 of title II of division B, add the following: Sec. 2607. Amtrak is authorized to obtain services from the Administrator of General Services, and the Administrator is authorized to provide services to Amtrak, under sections 201(b) and 211(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(b) and 491(b)) for fiscal year 2001 and each fiscal year thereafter until the fiscal year that Amtrak operates without Federal operating grant funds appropriated for its benefit, as required by sections [[Page S7401]] 24101(d) and 24104(a) of title 49, United States Code. ______ DASCHLE AMENDMENTS NOS. 3959-3960 (Ordered to lie on the table.) Mr. DASCHLE submitted two amendments intended to be proposed by him to the bill, H.R. 4461, supra; as follows: Amendment No. 3959 On page 75, between lines 16 and 17, insert the following: Sec. 740. Good Faith Reliance.--The Food Security Act of 1985 is amended by inserting after section 1230 (16 U.S.C. 3830) the following: ``SEC. 1230A. GOOD FAITH RELIANCE. ``(a) In General.--Except as provided in subsection (d) and notwithstanding any other provision of this chapter, the Secretary shall provide equitable relief to an owner or operator that has entered into a contract under this chapter, and that is subsequently determined to be in violation of the contract, if the owner or operator in attempting to comply with the terms of the contact and enrollment requirements took actions in good faith reliance on the action or advice of an authorized representative of the Secretary. ``(b) Types of Relief.--The Secretary shall-- ``(1) to the extent the Secretary determines that an owner or operator has been injured by good faith reliance described in subsection (a), allow the owner or operator-- ``(A) to retain payments received under the contract; ``(B) to continue to receive payments under the contract; ``(C) to keep all or part of the land covered by the contract enrolled in the applicable program under this chapter; or ``(D) to reenroll all or part of the land covered by the contract in the applicable program under this chapter; and ``(2) require the owner or operator to take such actions as are necessary to remedy any failure to comply with the contract. ``(c) Relation to Other Law.--The authority to provide relief under this section shall be in addition to any other authority provided in this or any other Act. ``(d) Exception.--This section shall not apply to a pattern of conduct in which an authorized representative of the Secretary takes actions or provides advice with respect to an owner or operator that the representative and the owner or operator know are inconsistent with applicable law (including regulations).''. ____ Amendment No. 3960 On page 13, line 13, strike ``$62,207,000'' and insert ``$62,457,000''. On page 13, line 16, strike ``$121,350,000'' and insert ``$121,100,000''. ______ LEVIN AMENDMENTS NOS. 3961-3962 (Ordered to lie on the table.) Mr. LEVIN submitted two amendments intended to be proposed by him to the bill, H.R. 4461, supra; as follows: Amendment No. 3961 On page 89, after line 19, add the following: Sec. 1111. Tree Assistance Program.--The Secretary of Agriculture may use $9,000,000 of funds of the Commodity Credit Corporation to provide assistance to producers to replace or rehabilitate trees (other than trees used for pulp or timber) and vineyards damaged by natural disasters or fireblight during the 2000 calendar year: Provided, That the Secretary shall promulgate regulations to implement this section without regard to the provisions described in the second sentence of section 263(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 note; Public Law 106- 224): Provided further, That the entire amount shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.): Provided further, That the entire amount is designated by Congress as an emergency requirement under section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). ____ Amendment No. 3962 On page 75, between lines 16 and 17, insert the following: Sec. 7____. Bovine Tuberculosis.--It is the sense of the Senate that the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, should-- (1) declare an emergency regarding bovine tuberculosis; and (2) make available funds of the Commodity Credit Corporation for eradication of bovine tuberculosis. ______ DORGAN (AND OTHERS) AMENDMENT NO. 3963 Mr. DORGAN (for himself, Mr. Torricelli, Mr. Conrad, Mr. Wellstone, Mr. Schumer, Mr. Levin, Mr. Leahy, Mr. Grams, Mr. Kennedy, Mr. Reed, Mr. Sarbanes, Mr. Dodd, Mr. Lieberman, Ms. Mikulski, Mr. Hollings, Mr. Baucus, and Mr. Breaux proposed an amendment to the bill, H.R. 4461, supra; as follows: At the end of chapter 1 of title I of division B, add the following: Sec. 1108. Crop Loss Assistance.--(a) In General.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation (not to exceed $900,000,000) to make emergency financial assistance available to producers on a farm that have incurred losses in a 2000 crop due to a disaster, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 1102 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public Law 105- 277), including using the same loss thresholds as were used in administering that section. (c) Qualifying Losses.--Assistance under this section may be made available for losses due to damaging weather or related condition (including losses due to scab, sclerotinia, aflotoxin, and other crop diseases) associated with crops that are, as determined by the Secretary-- (1) quantity losses (including quantity losses as a result of quality losses); (2) quality losses; or (3) severe economic losses. (d) Crops Covered.--Assistance under this section shall be applicable to losses for all crops, as determined by the Secretary, due to disasters. (e) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (f) Livestock Indemnity Payments.--The Secretary may use such sums as are necessary of funds made available under this section to make livestock indemnity payments to producers on a farm that have incurred losses during calendar year 2000 for of livestock losses due to a disaster, as determined by the Secretary. (g) Hay Losses.--The Secretary may use such sums as are necessary of funds made available under this section to make payments to producers on a farm that have incurred losses of hay stock during calendar year 2000 due to a disaster, as determined by the Secretary. (h) Emergency Requirement.-- (1) In general.--The entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), is transmitted by the President to Congress. (2) Designation.--The entire amount necessary to carry out this section is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)). Sec. 1109. Specialty Crops.--(a) In General.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers of fruits, vegetables, and other specialty crops, as determined by the Secretary, that incurred losses during the 1999 crop year due to a disaster, as determined by the Secretary. (b) Qualifying Losses.--Assistance under this section may be made available for losses due to a disaster associated with specialty crops that are, as determined by the Secretary-- (1) quantity losses; (2) quality losses; or (3) severe economic losses. (c) Eligibility.--Assistance under this section shall be applicable to losses for all specialty crops, as determined by the Secretary, due to disasters. (d) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (e) Emergency Requirement.-- (1) In general.--The entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), is transmitted by the President to Congress. (2) Designation.--The entire amount necessary to carry out this section is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)). ______ HARKIN AMENDMENT NO. 3964 Mr. COCHRAN (for Mr. Harkin) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 76, after line 18, of Division B, as modified, insert: NATURAL RESOURCES CONSERVATION SERVICE WATERSHED AND FLOOD PREVENTION OPERATIONS ``For an additional amount for ``Watershed and Flood Prevention Operations,'' to repair [[Page S7402]] damages to the waterways and watersheds, including the purchase of floodplain easements, resulting from natural disasters, $70,000,000, to remain available until expended: Provided. That funds shall be used for activities identified by July 18, 2000: Provided further. That the entire amount shall be available only to the extent an official budget request for $70,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.'' ______ GRAHAM (AND MACK) AMENDMENT NO. 3965 Mr. COCHRAN (for Mr. Graham (for himself and Mr. Mack) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 85, after line 8, insert the following: Sec. ____.--In using amounts made available under section 801(a) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000 (7 U.S.C. 1421 note; Public Law 106-78), or under the matter under the heading ``crop loss assistance'' under the heading ``Commodity Credit Corporation Fund'' of H.R. 3425 of the 106th Congress, as enacted by section 1001(a)(5) of Public Law 106-113 (113 Stat. 1536, 1501A-289), to provide emergency financial assistance to producers on a farm that have incurred losses in a 1999 crop due to a disaster, the Secretary of Agriculture shall consider nursery stock losses caused by Hurricane Irene on October 16 and 17, 1999, to be losses to the 1999 crop of nursery stock: Provided, That the entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), is transmitted by the President to Congress: Provided further, That the entire amount necessary to carry out this section is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)). ______ LOTT (AND OTHERS) AMENDMENT NO. 3966 Mr. COCHRAN (for Mr. Lott (for himself, Mr. Cochran, and Mr. Kohl)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 85, after line 8 of Division B, as modified, add the following: Sec. Notwithstanding section 1237(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3837(b)(1)), the Secretary of Agriculture may permit the enrollment of not to exceed 1,075,00 acres in the wetlands reserve program: Provided, That notwithstanding section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i), such sums as may be necessary, to remain available until expended, shall be provided through the Commodity Credit Corporation in fiscal year 2000 for technical assistance activities performed by an agency of the Department of Agriculture in carrying out this section: Provided further, That the entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act. ______ LEAHY (AND JEFFORDS) AMENDMENT NO. 3967 Mr. COCHRAN (for Mr. Leahy (for himself, and Mr. Jeffords)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 25, after line 8 of Division B as modified, insert: Sec. . In addition to other compensation paid by the Secretary of Agriculture, the Secretary shall compensate or otherwise seek to make whole, from funds of the Commodity Credit Corporation, not to exceed $4,000,000, the owners of all sheep destroyed from flocks under the Secretary's declarations of July 14, 2000 for lost income, or other business interruption losses, due to actions of the Secretary with respect to such sheep: Provided, That the entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act. ______ HARKIN (AND BOND) AMENDMENT NO. 3968 Mr. COCHRAN (for Mr. Harkin (for himself, and Mr. Bond)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 76, after line 18, of Division B, as modified, insert the following: Grain Inspection, Packers and Stockyards Administration For an additional amount for the Grain Inspection, Packers and Stockyards Administration, $600,000 for completion of a biotechnology reference facility: Provided, That the entire amount shall be available only to the extent an official budget request for $600,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to Congress: Provided further, That the entire amount is designated by Congress as an emergency requirement in accordance with section 251(b)(2)(A) of that Act. ______ GRAHAM (AND MACK) AMENDMENT NO. 3969 Mr. COCHRAN. (for Mr. Graham (for himself and Mr. Mack)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 83, line 5, strike the following: ``; and (e) compensate commercial producers for losses due to citrus canker''. On page 85, after line 8, insert the following: Sec. . (a) Nothwithstanding any other provision of law (including the Federal Grants and Cooperative Agreements Act) the Secretary of Agriculture shall use not more than $40,000,000 of Commodity Credit Corporation funds for a cooperative program with the state of Florida to replace commercial trees removed to control citrus canker and to compensate for lost production: Provided, That the entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. et seq.), is transmitted by the President to Congress: Provided further, That the entire amount necessary to carry out this section is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)). ______ COCHRAN AMENDMENT NO. 3970 Mr. COCHRAN proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 76, strike lines 6 through 18 and insert in lieu thereof: ``For an additional amount for ``Salaries and Expenses'', $59,400,000 to be available until September 30, 2001: Provided, That this amount shall be used for the Boll weevil eradication program for cost share purposes or for debt retirement for active eradication zones: Provided, That the entire amount shall be available only to the extent an official budget request for $59,400,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.'' ______ THURMOND (AND HOLLINGS) AMENDMENT NO. 3971 Mr. COCHRAN (for Mr. Thurmond (for himself and Mr. Hollings)) proposed an amendment to the bill, H.R. 4461, supra; as follows: At the appropriate place in chapter 1 of title I of division B, insert the following: For an additional amount for the Secretary of Agriculture to provide financial assistance to the State of South Carolina in capitalizing the South Carolina Grain Dealers Guaranty Fund, $2,500,000: Provided, That these funds shall only be available if the State of South Carolina provides an equal amount to the South Carolina Grain Dealers Guaranty Fund: Provided further, That the entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act. ______ COCHRAN AMENDMENT NO. 3972 Mr. COCHRAN proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 85, after line 8, of Division B, as modified, add the following: [[Page S7403]] Sec. (a). None of the funds appropriated or otherwise made available by this Act may be used to pay the salaries and expenses of personnel of the Department of Agriculture to carry out section 211 of the Agricultural Risk Protection Act of 2000 (16 U.S.C. 3830 note; Public Law 106-224) unless-- (1) the Secretary permits funds made available under section 211(b) of the Agricultural Risk Protection Act of 2000 to be used to provide financial or technical assistance to farmers and ranchers for the purposes described in section 211(b) of that Act; and (2) notwithstanding section 387(c) of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a(c)), the Secretary permits funds made available under section 211 of the Agricultural Risk Protection Act of 2000 (16 U.S.C. 3830 note; Public Law 106-224) to be used to provide additional funding for the Wildlife Habitat Incentive Program established under that section 387 in such sums as the Secretary considers necessary to carry out that Program. (b) The entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act. ______ SESSIONS AMENDMENT NO. 3973 Mr. COCHRAN (for Mr. Sessions) proposed an amendment to the bill, H.R. 4461, supra; as follows: In section 1107, after the first proviso insert ``Provided further, That of the $450,000,000 amount, the Secretary shall use not less than $5,000,000 to provide assistance for emergency haying and feed operations in the State of Alabama:''. ______ EDWARDS AMENDMENT NO. 3974 Mr. COCHRAN (for Mr. Edwards) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 40, line 17, after the period, insert the following: ``For an additional amount for the rural community advancement program under subtitle E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009 et seq.), $50,000,000, to remain available until expended, to provide loans under the community facility direct and guaranteed loans program and grants under the community facilities grant program under paragraphs (1) and (19), respectively, of section 306(a) of that Act (7 U.S.C. 1926(a)) with respect to areas in the State of North Carolina subject to a declaration of a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Floyd, Hurricane Dennis, or Hurricane Irene: Provided, That the $50,000,000 shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) Provided further, That the $50,000,000 is designated by Congress as an emergency requirement under section 251 (b)(2)(A) of the Balance Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 (b)(2)(A)). ______ DORGAN (AND OTHERS) AMENDMENT NO. 3975 Mr. COCHRAN (for Mr. Dorgan (for himself, Mr. Torricelli, Mr. Conrad, Mr. Wellstone, Mr. Schumer, Mr. Levin, Mr. Leahy, Mr. Grams, Mr. Kennedy, Mr. Reed, Mr. Sarbanes, Mr. Dodd, Mr. Lieberman, Ms. Mikulski, Mr. Hollings, Mr. Baucus, and Mr. Breaux)) proposed an amendment to the bill, H.R. 4461, supra; as follows: At the end of chapter 1 of title I of division B, add the following: Sec. 1108. Crop Loss Assistance.--(a) In General.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation (not to exceed $900,000,000) to make emergency financial assistance available to producers on a farm that have incurred losses in a 2000 crop due to a disaster, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 1102 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public Law 105- 277), including using the same loss thresholds as were used in administering that section. (c) Qualifying Losses.--Assistance under this section may be made available for losses due to damaging weather or related condition (including losses due to scab, sclerotinia, aflotoxin, and other crop diseases) associated with crops that are, as determined by the Secretary-- (1) quantity losses (including quantity losses as a result of quality losses); (2) quality losses; or (3) severe economic losses. (d) Crops Covered.--Assistance under this section shall be applicable to losses for all crops, as determined by the Secretary, due to disasters. (e) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (f) Livestock Indemnity Payments.--The Secretary may use such sums as are necessary of funds made available under this section to make livestock indemnity payments to producers on a farm that have incurred losses during calendar year 2000 for of livestock losses due to a disaster, as determined by the Secretary. (g) Hay Losses.--The Secretary may use such sums as are necessary of funds made available under this section to make payments to producers on a farm that have incurred losses of hay stock during calendar year 2000 due to a disaster, as determined by the Secretary. (h) Emergency Requirement.-- (1) In general.--The entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), is transmitted by the President to Congress. (2) Designation.--The entire amount necessary to carry out this section is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)). Sec. 1109. Specialty Crops.--(a) In General.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers of fruits, vegetables, and other specialty crops, as determined by the Secretary, that incurred losses during the 1999 crop year due to a disaster, as determined by the Secretary. (b) Qualifying Losses.--Assistance under this section may be made available for losses due to a disaster associated with specialty crops that are, as determined by the Secretary-- (1) quantity losses; (2) quality losses; or (3) severe economic losses. (c) Eligibility.--Assistance under this section shall be applicable to losses for all specialty crops, as determined by the Secretary, due to disasters. (d) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (e) Emergency Requirement.-- (1) In general.--The entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), is transmitted by the President to Congress. (2) Designation.--The entire amount necessary to carry out this section is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)). ______ INOUYE AMENDMENT NO. 3976 Mr. COCHRAN (for Mr. Inouye) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 85 after line 8 of Division B, as modified, insert: Sec. . Notwithstanding any other provision of law, the Secretary of Agriculture shall make a payment in the amount of $7,200,000 to the State of Hawaii from the Commodity Credit Corporation for assistance to an agricultural transportation cooperative in Hawaii, the members of which are eligible to participate in the Farm Service Agency administered Commodity Loan Program and have suffered extraordinary market losses due to unprecedented low prices. ______ GRAMM AMENDMENT NO. 3977 Mr. GRAMM proposed an amendment to the Cochran motion to waive the Congressional Budget Act relative to the bill, H.R. 4461, supra; as follows: Strike all after the first word, and insert the following: ``I move to waive section 205 of the budget resolution for consideration of the Harkin Amendment.'' ______ COCHRAN AMENDMENT NO. 3978 Mr. COCHRAN proposed an amendment to amendment No. 3977 proposed by Mr. Gramm to the motion to waive the Congressional Budget Act relative to the bill, H.R. 4461, supra; as follows: Strike the word ``waive'' in the pending amendment and insert the following: Section 205(c) of H. Con. Res. 290 with respect to all emergency designations in this bill and all amendments filed at the desk at this time to this bill other than Amendment No. 3918. [[Page S7404]] ______ SMITH OF OREGON (AND WYDEN) AMENDMENT NO. 3979 (Ordered to lie on the table.) Mr. SMITH of Oregon (for himself and Mr. Wyden) submitted an amendment intended to be proposed by them to the bill, H.R. 4461, supra; as follows: On page 75, between lines 16 and 17, insert the following: Sec. ____. Assistance to Farmers in the Pacific Northwest Suffering From Dusky Canada Goose Depredation.--(a) In General.--Notwithstanding any other provision of this Act, of the funds made available by this Act, $250,000 shall be available to the Wildlife Services division of the Animal and Plant Health Inspection Service for use in assisting farmers in the Pacific Northwest that are suffering losses due to dusky Canada Goose depredation. (b) Offset.--The amount made available under subsection (a) shall be derived by transfer of a proportionate amount from each other account from which this Act makes funds available for travel, supplies, and printing expenses. ______ DURBIN (AND OTHERS) AMENDMENT NO. 3980 Mr. COCHRAN (for Mr. Durbin (for himself, Mrs. Boxer, and Mr. Harkin)) proposed an amendment to the bill, H.R. 4461, as follows: In section 3102, after the first sentence insert the following: ``This section does not limit the authority of the Secretary to promulgate final rules or to revise or amend subpart 3809 of title 43, Code of Federal Regulations, so as to require full financial assurance of reclamation of mining sites to protect the taxpayers from the actions of hardrock mining operations that cause damage to or destruction of public land; to prevent environmental destruction that unduly threatens fish or wildlife habitat; and to prevent toxic pollution that threatens public health or the environment.''. ______ BAUCUS AMENDMENT NO. 3981 Mr. BAUCUS proposed an amendment to the bill, H.R. 4461, supra; as follows: Strike section 3104 and insert the following: SEC. 3104. STUDY OF OREGON INLET, NORTH CAROLINA, NAVIGATION PROJECT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Army, shall have conducted, and submited to Congress, a restudy of the project for navigation, Manteo (Shallowbag) Bay, North Carolina, authorized by section 101 of the River and Harbor Act of 1970 (84 Stat. 1818), to evaluate all reasonable alternatives, including nonstructural alternatives, to the authorized inlet stabilization project at Oregon Inlet. (b) Required Elements.--In carrying out subsection (a), the Secretary of the Army, shall-- (1) take into account the views of affected interests; and (2)(A) take into account objectives in addition to navigation, including-- (i) complying with the policies of the State of North Carolina regarding construction of structural measures along State shores; and (ii) avoiding or minimizing adverse impacts to, or benefiting, the Cape Hatteras National Seashore and the Pea Island National Wildlife Refuge; and (B) develop options that meet those objectives. ______ SMITH OF NEW HAMPSHIRE (AND BOXER) AMENDMENT NO. 3982 Mr. COCHRAN (for Mr. Smith of New Hampshire (for himself and Mrs. Boxer)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 20, line 8, strike the ``.'' and insert in lieu thereof the following: ``: Provided further, That no less than $1 million of the funds available under this heading made available for wildlife services methods development, the Secretary of Agriculture shall conduct pilot projects in no less than four states representative of wildlife predation of livestock in connection with farming operations for direct assistance in the application of non-lethal predation control methods: Provided further, That the General Accounting Office shall report to the Committee on Appropriations by November 30, 2001, on the Department's compliance with this provision and on the effectiveness of the non-lethal measures.''. ______ BOXER (AND McCONNELL) AMENDMENT NO. 3983 Mr. KOHL (for Mrs. Boxer (for herself and Mr. McConnell)) proposed an amendment to the bill, H.R. 4461, supra; as follows: At the appropriate place in the bill, insert the following: ``Sec. . Section 2111(a)(3) of the Organic Foods Production Act of 1990 (7 U.S.C.. 651(a)(3)) is amended by adding after sulfites, `except in the production of wine,'.''. ______ GRAMS AMENDMENT NO. 3984 Mr. COCHRAN (for Mr. Grams) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 75, after line 16 insert the following, ``Sec. . None of the funds made available by this Act may be used to require an office of the Farm Service Agency that is using FINPACK on May 17, 1999, for financial planning and credit analysis, to discontinue use of FINPACK for six months from the date of enactment of this Act.'' ______ HOLLINGS (AND THURMOND) AMENDMENT NO. 3985 Mr. KOHL (for Mr. Hollings (for himself and Mr. Thurmond)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 93 of division B, as modified, after line 21, insert the following: ``Sec. . Notwithstanding any other provision of law, the Sea Island Health Clinic located on Johns Island, South Carolina, shall remain eligible for assistance and funding from the Rural Development community facilities programs administered by the Department of Agriculture until such time new population data is available from the 2000 Census.''. ______ REED (AND CHAFEE) AMENDMENT NO. 3986 Mr. KOHL (for Mr. Reed (for himself, and Mr. L. Chafee)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 34, line 23, before the period at the end, insert the following: ``: Provided further, That of the funds made available for watershed and flood prevention activities, $500,000 shall be available for a study to be conducted by the Natural Resources Conservation Service in cooperation with the town of Johnston, Rhode Island, on floodplain management for the Pocasset River, Rhode Island''. ______ BINGAMAN (AND LEAHY) AMENDMENT NO. 3987 Mr. KOHL (for Mr. Bingaman (for himself and Mr. Leahy)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 36, lines 20 through 25, strike ``including grants for drinking and waste disposal systems pursuant to Section 306C of such Act: Provided further, That the Federally Recognized Native American Tribes are not eligible for any other rural utilities program set aside under Rural Community Advancement Program:'' and insert ``of which (1) $1,000,000 shall be available for rural business opportunity grants under section 306(a)(11) of that Act (7 U.S.C. 1926(a)(11)), (2) $5,000,000 shall be available for community facilities grants for tribal college improvements under section 306(a)(19) of that Act (7 U.S.C. 1926(a)(19)), (3) $15,000,000 shall be available for grants for drinking water and waste disposal systems under section 306C of that Act (7 U.S.C. 1926c) to federally recognized Native American Tribes that are not eligible to receive funds under any other rural utilities program set-aside under the rural community advancement program, and (4) $3,000,000 shall be available for rural business enterprise grants under section 310B(c) of that Act (7 U.S.C. 1932(c)):''. ______ BYRD AMENDMENT NO. 3988 Mr. KOHL (for Mr. Byrd) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 84, line 23 after ``section'', insert ``: Provided further, That of the funds made available by this section, up to $40,000,000 may be used to carry out the Pasture Recovery Program: Provided further, That the payments to a producer made available through the Pasture Recovery Program shall be no less than 65 percent of the average cost of reseeding''. ______ DODD (AND LIEBERMAN) AMENDMENT NO. 3989 Mr. KOHL (for Mr. Dodd (for himself and Mr. Lieberman)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 95, after line 22, add the following new section: Sec. . None of the funds made available in this Act or in any other Act may be used to recover part or all of any payment erroneously made to any oyster fisherman in the State of Connecticut for oyster losses under the program established under section 1102(b) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of Division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)), and the regulations issued pursuant to such section 1102(b). ______ WYDEN AMENDMENT NO. 3990 Mr. KOHL (for Mr. Wyden) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 17, line 1 strike ``; and'' and insert ``; and for the Oregon State University Agriculture Extension Service, $176,000 for the [[Page S7405]] Food Electronically and Effectively Distributed (FEED) website demonstration project; and''; line 8, strike ``$12,107,000'' and insert ``$12,283,000'' and strike ``$426,504,000'' and insert ``$426,680,000''; on line 19, strike ``$43,541,000'' and insert ``$43,365,000''; on line 25, strike ``6,000,000'' and insert ``$5,824,000''. ______ BYRD (AND COCHRAN) AMENDMENT NO. 3991 Mr. KOHL (for Mr. Byrd (for himself and Mr. Cochran)) proposed an amendment to the bill, H.R. 4461, supra; as follows: At the appropriate place in the bill, insert the following: ``Sec. . Hereafter, the Secretary of Agriculture shall consider any borrower whose income does not exceed 115 percent of the median family income of the United States as meeting the eligibility requirements for a borrower contained in section 502(h)(2) of the Housing Act of 1949 (42 U.S.C. 1472(h)(2)). ______ KOHL AMENDMENT NO. 3992 Mr. KOHL proposed an amendment to the bill, H.R. 4461, supra; as follows: In Division B, strike section 1106 and insert the following new section: ``Sec. 1106. The Secretary shall use the funds, facilities and authorities of the Commodity Credit Corporation to make and administer supplemental payments to dairy producers who received a payment under section 805 of Public Law 106-78 in an amount equal to thirty-five percent of the reduction in market value of milk production in 2000, as determined by the Secretary, based on price estimates as of the date of enactment of this Act, from the previous five-year average and on the base production of the producer used to make a payment under section 805 of Public Law 106-78: Provided, That these funds shall be available until September 30, 2001: Provided further, That the Secretary shall make payments to producers under this section in a manner consistent with and subject to the same limitations on payments and eligible production as, the payments to dairy producers under section 805 of Public Law 106-78: Provided further, That the Secretary shall make provisions for making payments, in addition, to new producers: Provided further, That for any producers, including new producers, whose base production was less than twelve months for purposes of section 805 of Public Law 106-78, the producer's base production for the purposes of payments under this section may be, at the producer's option, the production of that producer in the twelve months preceding the enactment of this section or the producer's base production under the program operated under section 805 of Public Law 106-78 subject to such limitations as apply to other producers: Provided further, That the entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.'' ______ HUTCHINSON (AND OTHERS) AMENDMENT NO. 3993 Mr. COCHRAN (for Mr. Hutchinson (for himself, Mr. Cleland, and Mrs. Lincoln)) proposed an amendment to the bill, H.R. 4461, supra; as follows: At the appropriate place in the bill, insert the following: Sec. --Section 321(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(b)) is amended by adding at the end the following: ``(3) Loans to poultry farmers.-- ``(A) Inability to obtain insurance.-- ``(i) In general.--Notwithstanding any other provision of this subtitle, the Secretary may make a loan to a poultry farmer under this subtitle to cover the loss of a chicken house for which the farmer did not have hazard insurance at the time of the loss, if the farmer-- ``(I) applied for, but was unable, to obtain hazard insurance for the chicken house; ``(II) uses the loan to rebuild the chicken house in accordance with industry standards in effect on the date the farmer submits an application for the loan (referred to in this paragraph as `current industry standards'); ``(III) obtains, for the term of the loan, hazard insurance for the full market value of the chicken house; and ``(IV) meets the other requirements for the loan under this subtitle. ``(ii) Amount.--Subject to the limitation contained in Sec. 324(a)(2) the amount of a loan made to a poultry farmer under clause (i) shall be an amount that will allow the farmer to rebuild the chicken house in accordance with current industry standards. ``(B) Loans to comply with current industry standards.-- ``(i) In general.--Notwithstanding any other provision of this subtitle, the Secretary may make a loan to a poultry farmer under this subtitle to cover the loss of a chicken house for which the farmer had hazard insurance at the time of the loss, if-- ``(I) the amount of the hazard insurance is less than the cost of rebuilding the chicken house in accordance with current industry standards; ``(II) the farmer uses the loan to rebuild the chicken house in accordance with current industry standards; ``(III) the farmer obtains, for the term of the loan, hazard insurance for the full market value of the chicken house; and ``(IV) the farmer meets the other requirements for the loan under this subtitle. ``(ii) Amount.--Subject to the limitation contained in Sec. 324(a)(2) the amount of a loan made to a poultry farmer under clause (i) shall be the difference between-- ``(I) the amount of the hazard insurance obtained by the farmer; and ``(II) the cost of rebuilding the chicken house in accordance with current industry standards.''. ______ TORRICELLI AMENDMENT NO. 3994 Mr. KOHL (for Mr. Torricelli) proposed an amendment to the bill, H.R. 4461, supra; as follows: At the appropriate place, insert the following: SEC. ____. SENSE OF THE SENATE REGARDING PREFERENCE FOR ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE. It is the sense of the Senate that the Secretary of Agriculture, in selecting public agencies and nonprofit organizations to provide transitional housing under section 592(c) of subtitle G of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11408a(c)), should consider preferences for agencies and organizations that provide transitional housing for individuals and families who are homeless as a result of domestic violence. ______ TORRICELLI (AND REED) AMENDMENT NO. 3995 Mr. KOHL (for Mr. Torricelli (for himself and Mr. Reed)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 50, line 6, before the period, insert the following: ``: Provided further, That funds made available under this heading shall be made available for sites participating in the special supplemental nutrition program for women, infants, and children to-- ``(1) determine whether a child eligible to participate in the program has received a blood lead screening test, using a test that is appropriate for age and risk factors, upon the enrollment of the child in the program. ______ HATCH (AND OTHERS) AMENDMENT NO. 3996 Mr. COCHRAN (for Mr. Hatch (for himself, Mr. DeWine, Mr. Leahy, Mr. Wyden, Mrs. Feinstein, Mr. Graham, Mr. Voinovich, and Mr. Durbin)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 56, line 9, strike ``$313,143,000'' and insert ``$315,143,000''. On page 57, line 2, strike ``$78,589,000'' and insert ``$76,589,000''. ______ HARKIN (AND OTHERS) AMENDMENT NO. 3997 Mr. KOHL (for Mr. Harkin (for himself, Mr. Bingaman, Mr. Hutchinson, and Mr. Nickles)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 96 of the modified division B, after line 2, insert the following: Drug Enforcement Administration (Domestic Enhancements) methamphetamine lab cleanup assistance for state and local law enforcement For an additional amount for drug enforcement administration, $5,000,000 for the Drug Enforcement Agency to assist in State and local methamphetamine lab cleanup (including reimbursement for costs incurred by State and local governments for lab cleanup since March 2000): Provided, That the entire amount shall be available only to the extent an official budget request for $5,000,000, that includes designation of the entire amount of the request as an emergency requirement as defined by the Balanced Budget and Emergency Deficit Control Act of 1985 is transmitted by the President to the Congress: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. ______ LANDRIEU AMENDMENT NO. 3998 Mr. KOHL (for Ms. Landrieu) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 4, line 12, before the period at the end of the line, insert ``: Provided, that the Chief Financial Officer shall actively market cross-servicing activities of the National Finance Center''. ______ NICKLES AMENDMENT NO. 3999 Mr. COCHRAN (for Mr. Nickles) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 13, line 13, strike ``$62,207,000'' and insert in lieu thereof ``$63,157,000''. [[Page S7406]] On page 13, line 16, strike ``$121,350,000'' and insert in lieu thereof ``$120,400,000''. ______ CAMPBELL AMENDMENT NO. 4000 Mr. COCHRAN (for Mr. Campbell) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 93 of division-B, as modified, after line 21 insert the following: ``GENERAL PROVISION--THIS TITLE ``Sec. . In addition to amounts appropriated or otherwise made available in Public Law 106-58 to the Department of the Treasury, Department-wide Systems and Capital Investments Programs, $123,000,000, to remain available until September 30, 2001, for maintaining and operating the current Customs Service Automated Commercial System: Provided, That the funds shall not be obligated until the Customs Service has submitted to the Committees on Appropriations an expenditure plan which has been approved by the Treasury Investment Review Board, the Department of the Treasury, and the Office of Management and Budget: Provided further, That none of the funds may be obligated to change the functionality of the Automated Commercial System itself: Provided further, That the entire amount shall be available only to the extend that an official budget request for $123,000,000, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the entire amount made available under this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.''. ______ KENNEDY AMENDMENT NO. 4001 Mr. KOHL (for Mr. Kennedy) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 57, line 2, strike ``$78,589,000'' and insert ``$72,589,000''. On page 57, line 10, insert before the period the following: ``: Provided further, That in addition to amounts otherwise appropriated under this heading to the Food and Drug Administration, an additional $6,000,000 shall be made available of which $5,000,000 shall be made available for the Centers for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs, and $1,000,000 shall be made available to the National Center for Toxicological Research''. ______ NICKLES (AND INOUYE) AMENDMENT NO. 4002 Mr. COCHRAN (for Mr. Nickles (for himself and Mr. Inouye)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 71, line 3, strike the comma and insert the following: ``prior to July 1, 2001,''. ______ FEINGOLD (AND JEFFORDS) AMENDMENT NO. 4003 Mr. KOHL (for Mr. Feingold (for himself and Mr. Jeffords)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 75, between lines 16 and 17, insert the following: Sec. 740. Natural Cheese Standard.--(a) Prohibition.-- Section 401 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341) is amended-- (1) by striking ``Whenever'' and inserting ``(a) Whenever''; and (2) by adding at the end the following: ``(b) The Commissioner may not use any Federal funds to amend section 133.3 of title 21, Code of Federal Regulations (or any corresponding similar regulation or ruling), to include dry ultra-filtered milk or casein in the definition of the term `milk' or `nonfat milk', as specified in the standards of identity for cheese and cheese products published at part 133 of title 21, Code of Federal Regulations (or any corresponding similar regulation or ruling).''. (b) Importation Study.--Not later than ____ days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study to determine-- (A) the quantity of ultra-filtered milk that is imported annually into the United States; and (B) the end use of that imported milk; and (2) submit to Congress a report that describes the results of the study. ______ SESSIONS AMENDMENT NO. 4004 Mr. COCHRAN (for Mr. Sessions) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 13, line 13, strike ``62,207,000'' and insert ``62,707,000''. On page 13, line 16, strike ``121,350,000'' and insert in lieu thereof ``120,850,000''. ______ BOXER AMENDMENT NO. 4005 Mr. KOHL (for Mrs. Boxer) proposed an amendment to the bill, H.R. 4461, supra; as follows: At the appropriate place in Title VII, insert the following: ``None of the funds appropriated by this act to the U.S. Department of Agriculture may be used to implement or administer the final rule issued in Docket number 97-110, at 65 Federal Register 37608-37669 until such time as USDA completes an independent peer review of the rule and the risk assessment underlying the rule.'' ______ LEAHY (AND OTHERS) AMENDMENT NO. 4006 Mr. KOHL (for Mr. Leahy (for himself, Mr. Jeffords, and Mr. Kohl)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 75, between lines 16 and 17, insert the following: Sec. . Dairy Export Incentive Program.--Section 153(c) of the Food Security Act of 1985 (15 U.S.C. 713a-14(c)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5)(A) any award entered into under the program that is canceled or voided after June 30, 1995, is made available for reassignment under the program as long as a World Trade Organization violation is not incurred; and ``(B) any reassignment under subparagraph (A) is not reported as a new award when reporting the use of the reassigned tonnage to the World Trade Organization.'' On page 36, line 9, strike ``749,284,000'' and insert in lieu thereof ``759,284,000''; on page 36, line 12 strike ``634,360,000'' and insert in lieu thereof ``644,360,000''. ______ CAMPBELL (AND OTHERS) AMENDMENT NO. 4007 Mr. COCHRAN (for Mr. Campbell (for himself, Mr. Dorgan, Mr. Conrad, and Mr. Domenici)) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 50, line 22, before the period, insert the following: ``Provided further, That, of funds made available under this heading and not already appropriated to the Food Distribution Program on Indian Reservations (FDPIR) established under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b), (1) an additional amount not to exceed $7,300,000 shall be used to purchase bison for the FDPIR and to provide a mechanism for the purchases from Native American producers and cooperative organizations''. ______ WARNER AMENDMENT NO. 4008 Mr. COCHRAN (for Mr. Warner) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 13, line 13, strike ``$62,207,000'' and insert ``$62,707,000''. On page 13, line 16, strike ``$121,350,000'' and insert * * *. ______ WELLSTONE AMENDMENT NO. 4009 Mr. KOHL (for Mr. Wellstone) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 47, line 8, after ``areas,'', insert the following: ``of which not more than $3,000,000 may be used to make grants to rural entities to promote employment of rural residents through teleworking, including to provide employment-related services, such as outreach to employers, training, and job placement, and to pay expenses relating to providing high-speed communications services, and''. ______ JOHNSON AMENDMENT NO. 4010 Mr. KOHL (for Mr. Johnson) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 75, between lines 16 and 17, insert the following: Sec. 740. State Agricultural Mediation Programs.--(a) Eligible Person; Mediation Services.--Section 501 of the Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended-- (1) in subsection (c), by striking paragraphs (1) and (2) and inserting the following: ``(1) Issues covered.-- ``(A) In general.--To be certified as a qualifying State, the mediation program of the State must provide mediation services to persons described in paragraph (2) that are involved in agricultural loans (regardless of whether the loans are made or guaranteed by the Secretary or made by a third party). ``(B) Other issues.--The mediation program of a qualifying State may provide mediation services to persons described in paragraph (2) that are involved in 1 or more of the following issues under the jurisdiction of the Department of Agriculture: ``(i) Wetlands determinations. ``(ii) Compliance with farm programs, including conservation programs. ``(iii) Agricultural credit. ``(iv) Rural water loan programs. ``(v) Grazing on National Forest System land. ``(vi) Pesticides. ``(vii) Such other issues as the Secretary considers appropriate. ``(2) Persons eligible for mediation.--The persons referred to in paragraph (1) include-- [[Page S7407]] ``(A) agricultural producers; ``(B) creditors of producers (as applicable); and ``(C) persons directly affected by actions of the Department of Agriculture.''; and (2) by adding at the end the following: ``(d) Definition of Mediation Services.--In this section, the term `mediation services', with respect to mediation or a request for mediation, may include all activities related to-- ``(1) the intake and scheduling of cases; ``(2) the provision of background and selected information regarding the mediation process; ``(3) financial advisory and counseling services (as appropriate) performed by a person other than a State mediation program mediator; and ``(4) the mediation session.''. (b) Use of Mediation Grants.--Section 502(c) of the Agricultural Credit Act of 1987 (7 U.S.C. 5102(c)) is amended-- (1) by striking ``Each'' and inserting the following: ``(1) In general.--Each''; and (2) by adding at the end the following: ``(2) Operation and administration expenses.--For purposes of paragraph (1), operation and administration expenses for which a grant may be used include-- ``(A) salaries; ``(B) reasonable fees and costs of mediators; ``(C) office rent and expenses, such as utilities and equipment rental; ``(D) office supplies; ``(E) administrative costs, such as workers' compensation, liability insurance, the employer's share of Social Security, and necessary travel; ``(F) education and training; ``(G) security systems necessary to ensure the confidentiality of mediation sessions and records of mediation sessions; ``(H) costs associated with publicity and promotion of the mediation program; ``(I) preparation of the parties for mediation; and ``(J) financial advisory and counseling services for parties requesting mediation.''. (c) Authorization of Appropriations.--Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking ``2000'' and inserting ``2005''. ______ HARKIN AMENDMENT NO. 4011 Mr. KOHL (for Mr. Harkin) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 13, line 16, strike $121,350,000'' and insert ``$120,650,000''. On page 15, line 2, strike ``$494,744,000'' and insert ``$494,044,000''. On page 17, line 8, strike ``$426,504,000'' and insert ``$427,204,000''. ______ DASCHLE AMENDMENT NO. 4012 Mr. KOHL (for Mr. Daschle) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 75, between lines 16 and 17, insert the following: Sec. 740. Good Faith Reliance.--The Food Security Act of 1985 is amended by inserting after section 1230 (16 U.S.C. 3830) the following: ``SEC. 1230A. GOOD FAITH RELIANCE. ``(a) In General.--Except as provided in subsection (d) and notwithstanding any other provision of this chapter, the Secretary shall provide equitable relief to an owner or operator that has entered into a contract under this chapter, and that is subsequently determined to be in violation of the contract, if the owner or operator in attempting to comply with the terms of the contact and enrollment requirements took actions in good faith reliance on the action or advice of an authorized representative of the Secretary. ``(b) Types of Relief.--The Secretary shall-- ``(1) to the extent the Secretary determines that an owner or operator has been injured by good faith reliance described in subsection (a), allow the owner or operator to do any one or more of the following-- ``(A) to retain payments received under the contract; ``(B) to continue to receive payments under the contract; ``(C) to keep all or part of the land covered by the contract enrolled in the applicable program under this chapter; ``(D) to reenroll all or part of the land covered by the contract in the applicable program under this chapter; ``(E) or any other eq2uitable relief the Secretary deems appropriate; and ``(2) require the owner or operator to take such actions as are necessary to remedy any failure to comply with the contract. ``(c) Relation to Other Law.--The authority to provide relief under this section shall be in addition to any other authority provided in this or any other Act. ``(d) Exception.--This section shall not apply to a pattern of conduct in which an authorized representative of the Secretary takes actions or provides advice with respect to an owner or operator that the representative and the owner or operator know are inconsistent with applicable law (including regulations).''. ``(e) Applicability of Relief.--Relief under this section shall be available for contracts in effect on January 1, 2000 and for a subsequent contracts.''. ______ FEINGOLD AMENDMENT NO. 4013 Mr. KOHL (for Mr. Feingold) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 89, after line 19, add the following: Sec. 1111. Availability of Data on Imported Herbs.--The Secretary of Agriculture and the Secretary of the Treasury, shall publish and otherwise make available (including through electronic media) data collected monthly by each Secretary on herbs imported into the United States. ______ ROBB AMENDMENT NO. 4014 Mr. KOHL (for Mr. Robb) proposed an amendment to the bill, H.R. 4461, supra; as follows: On page 15, line 6, before the period, insert: ``: Provided, That this paragraph should not apply to research on the medical, biotechnological, food, and industrial uses of tobacco''. ______ WARNER AMENDMENT NO. 4015 (Ordered to lie on the table.) Mr. WARNER submitted an amendment intended to be proposed by him to the bill, H.R. 4461, supra; as follows: On page 75, between lines 16 and 17, insert the following: Sec. 7____. Competition in Contracting for Training Services.--(a) In General.--Section 1669 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5922) is repealed. (b) Transition Provision.--Any order or agreement entered into under that section shall continue in effect until the date of termination of the order or agreement but may not be renewed. ____________________
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