[Congressional Record Volume 143, Number 148 (Wednesday, October 29, 1997)]
[Senate]
[Pages S11366-S11368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 THE AGRICULTURAL, RESEARCH, EXTENSION AND EDUCATION REFORM ACT OF 1997

                                 ______
                                 

                 LUGAR (AND HARKIN) AMENDMENT NO. 1527

  Mr. JEFFORDS (for Mr. Lugar, for himself and Mr. Harkin) proposed an 
amendment to the bill (S. 1150) to ensure that federally funded 
agricultural research, extension, and education address high-priority 
concerns with national multistate significance, to reform, extend, and 
eliminate certain agricultural research programs, and for other 
purposes; as follows:

       On page 30, strike lines 7 through 9 and insert the 
     following:
       ``(a) National Oceanic and Atmospheric Administration 
     Work.--Not more than \2/3\ of the''.
       On page 30, strike line 13 and insert the following:
       ``(b) Administrative Costs.--The Secretary''.
       On page 30, strike lines 19 and 20 and insert the 
     following:
       ``(c) Limitations.--
       ``(1) Buildings or facilities.--Funds''.
       On page 31, strike line 1 and insert the following:
       ``(2) Equipment purchases.--Of funds''.
       On page 31, strike lines 5 through 13 and insert the 
     following:
       ``(A) $15,000; or
       ``(B) \1/3\ of the amount of the grant award.''.
       On page 33, strike lines 1 and 2 and insert the following:
       ``(i) as the lead Federal agency--

       ``(I) the Department of Agriculture; or
       ``(II) if funding provided for the Plant Genome Initiative 
     through the Department of Agriculture is substantially less 
     than funding provided for the Initiative through another 
     Federal agency, the other Federal agency, as determined by 
     the President; and''.

       On page 35, lines 22 through 25, strike ``without regard'' 
     and all that follows through ``2281 et seq.)''.
       On page 58, between lines 8 and 9, insert the following:

     SEC. 229. KIWIFRUIT RESEARCH, PROMOTION, AND CONSUMER 
                   INFORMATION PROGRAM.

       (a) Amendments to Orders.--Section 554(c) of the National 
     Kiwifruit Research, Promotion, and Consumer Information Act 
     (7 U.S.C. 7463(c)) is amended in the second sentence by 
     inserting before the period at the end the following: ``, 
     except that an amendment to an order shall not require a 
     referendum to become effective''.
       (b) National Kiwifruit Board.--Section 555 of the National 
     Kiwifruit Research, Promotion, and Consumer Information Act 
     (7 U.S.C. 7464) is amended--
       (1) in subsection (a), by striking paragraphs (1) through 
     (3) and inserting the following:
       ``(1) 10 members who are producers, exporters, or importers 
     (or their representatives), based on a proportional 
     representation of the level of domestic production and 
     imports of kiwifruit (as determined by the Secretary).
       ``(2) 1 member appointed from the general public.'';
       (2) in subsection (b)--
       (A) by striking ``Membership.--'' and all that follows 
     through ``paragraph (2), the'' and inserting ``Membership.--
     Subject to the 11-member limit, the''; and
       (B) by striking paragraph (2); and
       (3) in subsection (c)--
       (A) in paragraph (2), by inserting ``who are producers'' 
     after ``members'';
       (B) in paragraph (3), by inserting ``who are importers or 
     exporters'' after ``members''; and
       (C) in the second sentence of paragraph (5), by inserting 
     ``and alternate'' after ``member''.

     SEC. 230. NATIONAL AQUACULTURE POLICY, PLANNING, AND 
                   DEVELOPMENT.

       (a) Definitions.--Section 3 of the National Aquaculture Act 
     of 1980 (16 U.S.C. 2802) is amended--
       (1) in paragraph (1), by striking ``the propagation'' and 
     all that follows through the period at the end and inserting 
     the following: ``the commercially controlled cultivation of 
     aquatic plants, animals, and microorganisms, but does not 
     include private for-profit ocean ranching of Pacific salmon 
     in a State in which the ranching is prohibited by law.'';
       (2) in paragraph (3), by striking ``or aquatic plant'' and 
     inserting ``aquatic plant, or microorganism'';
       (3) by redesignating paragraphs (7) through (9) as 
     paragraphs (8) through (10), respectively; and
       (4) by inserting after paragraph (6) the following:
       ``(7) Private aquaculture.--The term `private aquaculture' 
     means the commercially controlled cultivation of aquatic 
     plants, animals, and microorganisms other than cultivation 
     carried out by the Federal Government, any State or local 
     government, or an Indian tribe recognized by the Bureau of 
     Indian Affairs.''.
       (b) National Aquaculture Development Plan.--Section 4 of 
     the National Aquaculture Act of 1980 (16 U.S.C. 2803) is 
     amended--
       (1) in subsection (c)--
       (A) in subparagraph (A), by adding ``and'' at the end;
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (C);
       (2) in the second sentence of subsection (d), by striking 
     ``Secretaries determine that'' and inserting ``Secretary, in 
     consultation with the Secretary of Commerce, the Secretary of 
     the Interior, and the heads of such other agencies as the 
     Secretary determines are appropriate, determines that''; and
       (3) in subsection (e), by striking ``Secretaries'' and 
     inserting ``Secretary, in consultation with the Secretary of 
     Commerce, the Secretary of the Interior, and the heads of 
     such other agencies as the Secretary determines are 
     appropriate,''.
       (c) Functions and Powers of Secretaries.--Section 5(b)(3) 
     of the National Aquaculture Act of 1980 (16 U.S.C. 
     2804(b)(3)) is amended by striking ``Secretaries deem'' and 
     inserting ``Secretary, in consultation with the Secretary of 
     Commerce, the Secretary of the Interior, and the heads of 
     such other agencies as the Secretary determines are 
     appropriate, consider''.

[[Page S11367]]

       (d) Coordination of National Activities Regarding 
     Aquaculture.--The first sentence of section 6(a) of the 
     National Aquaculture Act of 1980 (16 U.S.C. 2805(a)) is 
     amended by striking ``(f)'' and inserting ``(e)''.
       (e) National Policy for Private Aquaculture.--The National 
     Aquaculture Act of 1980 (16 U.S.C. 2801 et seq.) is amended--
       (1) by redesignating sections 7, 8, 9, 10, and 11 as 
     sections 8, 9, 10, 11, and 12, respectively; and
       (2) by inserting after section 6 (16 U.S.C. 2805) the 
     following:

     ``SEC. 7. NATIONAL POLICY FOR PRIVATE AQUACULTURE.

       ``(a) In General.--In consultation with the Secretary of 
     Commerce and the Secretary of the Interior, the Secretary 
     shall coordinate and implement a national policy for private 
     aquaculture in accordance with this section. In developing 
     the policy, the Secretary may consult with other agencies and 
     organizations.
       ``(b) Department of Agriculture Aquaculture Plan.--
       ``(1) In general.--The Secretary shall develop and 
     implement a Department of Agriculture Aquaculture Plan 
     (referred to in this section as the `Department plan') for a 
     unified aquaculture program of the Department of Agriculture 
     (referred to in this section as the `Department') to support 
     the development of private aquaculture.
       ``(2) Elements of department plan.--The Department plan 
     shall address--
       ``(A) programs of individual agencies of the Department 
     related to aquaculture that are consistent with Department 
     programs related to other areas of agriculture, including 
     livestock, crops, products, and commodities under the 
     jurisdiction of agencies of the Department;
       ``(B) the treatment of cultivated aquatic animals as 
     livestock and cultivated aquatic plants as agricultural 
     crops; and
       ``(C) means for effective coordination and implementation 
     of aquaculture activities and programs within the Department, 
     including individual agency commitments of personnel and 
     resources.
       ``(c) National Aquaculture Information Center.--In carrying 
     out section 5, the Secretary may maintain and support a 
     National Aquaculture Information Center at the National 
     Agricultural Library as a repository for information on 
     national and international aquaculture.
       ``(d) Treatment of Aquaculture.--The Secretary shall 
     treat--
       ``(1) private aquaculture as agriculture; and
       ``(2) commercially cultivated aquatic animals, plants, and 
     microorganisms, and products of the animals, plants, and 
     microorganisms, produced by private persons and transported 
     or moved in standard commodity channels as agricultural 
     livestock, crops, and commodities.
       ``(e) Private Aquaculture Policy Coordination, Development, 
     and Implementation.--
       ``(1) Responsibility.--The Secretary shall have 
     responsibility for coordinating, developing, and carrying out 
     policies and programs for private aquaculture.
       ``(2) Duties.--The Secretary shall--
       ``(A) coordinate all intradepartmental functions and 
     activities relating to private aquaculture; and
       ``(B) establish procedures for the coordination of 
     functions, and consultation with, the coordinating group.
       ``(f) Liaison With Departments of Commerce and the 
     Interior.--The Secretary of Commerce and the Secretary of the 
     Interior shall each designate an officer or employee of the 
     Department of the Secretary to be the liaison of the 
     Department to the Secretary of Agriculture.''.
       (f) Authorization of Appropriations.--Section 11 of the 
     National Aquaculture Act of 1980 (as redesignated by 
     subsection (e)(1)) is amended by striking ``the fiscal years 
     1991, 1992, and 1993'' each place it appears and inserting 
     ``fiscal years 1991 through 2002''.
       On page 66, line 5, insert ``costs and'' after ``regarding 
     the''.
       On page 66, between lines 16 and 17, insert the following:
       (7) The study of whether precision agriculture technologies 
     are applicable and accessible to small and medium size farms 
     and the study of methods of improving the applicability of 
     precision agriculture technologies to the farms.
       On page 74, between lines 2 and 3, insert the following:

     SEC. 237. COORDINATED PROGRAM OF RESEARCH, EXTENSION, AND 
                   EDUCATION TO IMPROVE VIABILITY OF SMALL AND 
                   MEDIUM SIZE DAIRY AND LIVESTOCK OPERATIONS.

       (a) In General.--The Secretary may carry out a coordinated 
     program of research, extension, and education to improve the 
     competitiveness, viability, and sustainability of small and 
     medium size dairy and livestock operations (referred to in 
     this section as ``operations'').
       (b) Components.--To the extent the Secretary elects to 
     carry out the program, the Secretary shall conduct--
       (1) research, development, and on-farm extension and 
     education concerning low-cost production facilities and 
     practices, management systems, and genetics that are 
     appropriate for the operations;
       (2) research and extension on management-intensive grazing 
     systems for livestock and dairy production to realize the 
     potential for reduced capital and feed costs through greater 
     use of management skills, labor availability optimization, 
     and the natural benefits of grazing pastures;
       (3) research and extension on integrated crop and livestock 
     systems that increase efficiencies, reduce costs, and prevent 
     environmental pollution to strengthen the competitive 
     position of the operations;
       (4) economic analyses and market feasibility studies to 
     identify new and expanded opportunities for producers on the 
     operations that provide tools and strategies to meet consumer 
     demand in domestic and international markets, such as 
     cooperative marketing and value-added strategies for milk and 
     meat production and processing; and
       (5) technology assessment that compares the technological 
     resources of large specialized producers with the 
     technological needs of producers on the operations to 
     identify and transfer existing technology across all sizes 
     and scales and to identify the specific research and 
     education needs of the producers.
       (c) Administration.--The Secretary may use the funds, 
     facilities, and technical expertise of the Agricultural 
     Research Service and the Cooperative State Research, 
     Education, and Extension Service and other funds available to 
     the Secretary (other than funds of the Commodity Credit 
     Corporation) to carry out this section.

     SEC. 238. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT 
                   AND BARLEY CAUSED BY FUSARIUM GRAMINEARUM.

       (a) Research Grant Authorized.--The Secretary may make a 
     grant to a consortium of land-grant colleges and universities 
     to enhance the ability of the consortium to carry out a 
     multi-State research project aimed at understanding and 
     combating diseases of wheat and barley caused by Fusarium 
     graminearum and related fungi (referred to in this section as 
     ``wheat scab'').
       (b) Research Components.--Funds provided under this section 
     shall be available for the following collaborative, multi-
     State research activities:
       (1) Identification and understanding of the epidemiology of 
     wheat scab and the toxicological properties of vomitoxin, a 
     toxic metabolite commonly occurring in wheat and barley 
     infected with wheat scab.
       (2) Development of crop management strategies to reduce the 
     risk of wheat scab occurrence.
       (3) Development of--
       (A) efficient and accurate methods to monitor wheat and 
     barley for the presence of wheat scab and resulting vomitoxin 
     contamination;
       (B) post-harvest management techniques for wheat and barley 
     infected with wheat scab; and
       (C) milling and food processing techniques to render 
     contaminated grain safe.
       (4) Strengthening and expansion of plant-breeding 
     activities to enhance the resistance of wheat and barley to 
     wheat scab, including the establishment of a regional 
     advanced breeding material evaluation nursery and a germplasm 
     introduction and evaluation system.
       (5) Development and deployment of alternative fungicide 
     application systems and formulations to control wheat scab 
     and consideration of other chemical control strategies to 
     assist farmers until new more resistant wheat and barley 
     varieties are available.
       (c) Communications Networks.--Funds provided under this 
     section shall be available for efforts to concentrate, 
     integrate, and disseminate research, extension, and outreach-
     orientated information regarding wheat scab.
       (d) Management.--To oversee the use of a grant made under 
     this section, the Secretary may establish a committee 
     composed of the directors of the agricultural experiment 
     stations in the States in which land-grant colleges and 
     universities that are members of the consortium are located.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,200,000 for 
     each of fiscal years 1998 through 2002.

     SEC. 239. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.

       (a) Continuation of Program.--The Secretary shall continue 
     operation of the Food Animal Residue Avoidance Database 
     program (referred to in this section as the ``FARAD 
     program'') through contracts with appropriate colleges or 
     universities.
       (b) Activities.--In carrying out the FARAD program, the 
     Secretary shall--
       (1) provide livestock producers, extension specialists, 
     scientists, and veterinarians with information to prevent 
     drug, pesticide, and environmental contaminant residues in 
     food animal products;
       (2) maintain up-to-date information concerning--
       (A) withdrawal times on FDA-approved food animal drugs and 
     appropriate withdrawal intervals for drugs used in food 
     animals in the United States, as established under section 
     512(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     360b(a));
       (B) official tolerances for drugs and pesticides in 
     tissues, eggs, and milk;
       (C) descriptions and sensitivities of rapid screening tests 
     for detecting residues in tissues, eggs, and milk; and
       (D) data on the distribution and fate of chemicals in food 
     animals;
       (3) publish periodically a compilation of food animal drugs 
     approved by the Food and Drug Administration;
       (4) make information on food animal drugs available to the 
     public through handbooks and other literature, computer 
     software, a telephone hotline, and the Internet;

[[Page S11368]]

       (5) furnish producer quality-assurance programs with up-to-
     date data on approved drugs;
       (6) maintain a comprehensive and up-to-date, residue 
     avoidance database;
       (7) provide professional advice for determining the 
     withdrawal times necessary for food safety in the use of 
     drugs in food animals; and
       (8) engage in other activities designed to promote food 
     safety.
       (c) Contracts.--
       (1) In general.--The Secretary shall offer to enter into 
     contracts with appropriate colleges and universities to 
     operate the FARAD program.
       (2) Term.--The term of a contract under subsection (a) 
     shall be 3 years, with options to extend the term of the 
     contract triennially.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each fiscal year.

     SEC. 240. FINANCIAL ASSISTANCE FOR CERTAIN RURAL AREAS.

       (a) In General.--The Secretary may provide financial 
     assistance to a nationally recognized organization to promote 
     educational opportunities at the primary and secondary levels 
     in rural areas with a historic incidence of poverty and low 
     academic achievement, including the Lower Mississippi River 
     Delta.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section up to 
     $10,000,000 for each fiscal year.
       On page 79, line 15, before the period, insert ``, 
     including the viability and competitiveness of small and 
     medium sized dairy, livestock, crop, and other commodity 
     operations''.
       On page 84, after line 24, insert the following:
       (3) in section 1676(e) (7 U.S.C. 5929(e)), by striking 
     ``fiscal year 1997'' and inserting ``each of fiscal years 
     1997 through 2002'';''.
       On page 85, line 1, strike ``(3)'' and insert ``(4)''.
       On page 85, line 3, strike ``(4)'' and insert ``(5)''.
       On page 86, strike lines 16 through 20.
       On page 87, line 5, strike ``1670, 1675, and 1676'' and 
     insert ``1670 and 1675''.
       On page 87, line 7, strike ``, 5929''.
       Beginning on page 89, strike line 18 and all that follows 
     through page 91, line 16, and insert the following:
       (a) Food Stamps.--Section 16 of the Food Stamp Act of 1977 
     (7 U.S.C. 2025) is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``The Secretary'' and inserting ``Subject to subsection (k), 
     the Secretary''; and
       (2) by adding at the end the following:
       ``(k) Reductions in Payments for Administrative Costs.--
       ``(1) Definitions.--In this subsection:
       ``(A) AFDC program.--The term `AFDC program' means the 
     program of aid to families with dependent children 
     established under part A of title IV of the Social Security 
     Act (42 U.S.C. 601 et seq. (as in effect, with respect to a 
     State, during the base period for that State)).
       ``(B) Base period.--The term `base period' means the period 
     used to determine the amount of the State family assistance 
     grant for a State under section 403 of the Social Security 
     Act (42 U.S.C. 603).
       ``(C) Medicaid program.--The term `medicaid program' means 
     the program of medical assistance under a State plan or under 
     a waiver of the plan under title XIX of the Social Security 
     Act (42 U.S.C. 1396 et seq.).
       ``(2) Determinations of amounts attributable to benefiting 
     programs.--The Secretary of Health and Human Services, in 
     consultation with the Secretary of Agriculture and the 
     States, shall, with respect to the base period for each 
     State, determine--
       ``(A) the annualized amount the State received under 
     section 403(a)(3) of the Social Security Act (42 U.S.C. 
     603(a)(3) (as in effect during the base period)) for 
     administrative costs common to determining the eligibility of 
     individuals, families, and households eligible or applying 
     for the AFDC program and the food stamp program, the AFDC 
     program and the medicaid program, and the AFDC program, the 
     food stamp program, and the medicaid program that were 
     allocated to the AFDC program; and
       ``(B) the annualized amount the State would have received 
     under section 403(a)(3) of the Social Security Act (42 U.S.C. 
     603(a)(3) (as so in effect)), section 1903(a)(7) of the 
     Social Security Act (42 U.S.C. 1396b(a)(7) (as so in 
     effect)), and subsection (a) of this section (as so in 
     effect), for administrative costs common to determining the 
     eligibility of individuals, families, and households eligible 
     or applying for the AFDC program and the food stamp program, 
     the AFDC program and the medicaid program, and the AFDC 
     program, the food stamp program, and the medicaid program, if 
     those costs had been allocated equally among such programs 
     for which the individual, family, or household was eligible 
     or applied for.
       ``(3) Reduction in payment.--Notwithstanding any other 
     provision of this section, effective for each of fiscal years 
     1998 through 2002, the Secretary shall reduce, for each 
     fiscal year, the amount paid under subsection (a) to each 
     State by an amount equal to the amount determined for the 
     food stamp program under paragraph (2)(B).
       ``(4) Determinations not subject to review.--The 
     determinations of the Secretary of Health and Human Services 
     under paragraph (2) shall be final and not subject to 
     administrative or judicial review.
       ``(5) Allocation of common administrative costs.--In 
     allocating administrative costs common to determining the 
     eligibility of individuals, families, and households eligible 
     or applying for 2 or more State-administered public benefit 
     programs, the head of a Federal agency may require States to 
     allocate the costs among the programs.''.
       On page 98, between lines 17 and 18, insert the following:
       (d) Food Stamp Eligibility for Certain Indians.--
       (1) Exception for certain indians.--Section 402(a)(2)(G) of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(G)) is 
     amended--
       (A) in the subparagraph heading, by striking ``SSI 
     exception'' and inserting ``Exception''; and
       (B) by striking ``program defined in paragraph (3)(A) 
     (relating to the supplemental security income program)'' and 
     inserting ``specified Federal programs described in paragraph 
     (3)''.
       (2) Benefits for certain indians.--Section 403(d) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(d)) is amended--
       (A) in the subsection heading, by striking ``SSI and 
     Medicaid''; and
       (B) by striking ``(a)(3)(A)'' and inserting ``(a)(3)''.
       Beginning on page 99, strike line 1 and all that follows 
     through page 101, line 4.

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