[Congressional Record Volume 144, Number 93 (Tuesday, July 14, 1998)]
[Senate]
[Pages S8139-S8143]
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, 1999

                                 ______
                                 

                 HARKIN (AND OTHERS) AMENDMENT NO. 3127

  Mr. DASCHLE (for Mr. Harkin for himself, Mr. Daschle, Mrs. Murray, 
and Mr. Wellstone) proposed an amendment to the bill (S. 2159) making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for fiscal year ending 
September 30, 1999, and for other purposes; as follows:

       At the appropriate place, insert:
       Findings:
       In contrast to our Nation's generally strong economy, in a 
     number of States agricultural producers and rural communities 
     are experiencing serious economic hardship;
       Increased supplies of agricultural commodities in 
     combination with weakened demand have caused prices of 
     numerous farm commodities to decline dramatically;
       Demand for imported agricultural commodities has fallen in 
     some regions of the world, due in part to world economic 
     conditions, and United States agricultural exports have 
     declined from their record level of $60 billion in 1996;
       Prolonged periods of weather disasters and crop disease 
     have devastated agricultural producers in a number of States;
       Thirty-two of the fifty States experienced declines in 
     personal farm income between 1996 and 1997;
       Whereas, June estimates by the Department of Agriculture 
     indicate that net farm income for 1998 will fall to $45.5 
     billion, down 13 percent from the $52.2 billion for 1996;
       Total farm debt for 1998 is expected to reach $172 billion, 
     the highest level since 1985;
       Thousands of farm families are in danger of losing their 
     livelihoods and life savings
       Now, therefore, it is the sense of the Senate that 
     emergency action by the President and Congress is necessary 
     to respond to the economic hardships facing agricultural 
     producers and their communities.
                                 ______
                                 

                BUMPERS (AND COCHRAN) AMENDMENT NO. 3128

  Mr. COCHRAN (for Mr. Bumpers for himself and Mr. Cochran) proposed an 
amendment to the bill, S. 2159, supra; as follows:

       On page 10, line 17, strike ``$767,921,000'' and insert in 
     lieu thereof ``$768,221,000''.
       On page 13, line 11, strike ``$49,200,000'' and insert in 
     lieu thereof ``$50,500,000''.
       On page 14, line 17, strike ``$434,782,000'' and insert in 
     lieu thereof ``$436,082,000''.
       On page 35, line 7, strike ``$700,201,000'' and insert in 
     lieu thereof ``$703,601,000''.
       On page 36, line 14, after the ``systems'', insert ``: 
     Provided further, That of the total amount appropriated, 
     $2,800,000 shall be available for a community improvement 
     project in Arkansas''.
       On page 64, line 18, strike ``140,000'' and insert in lieu 
     thereof ``120,000''.
       On page 67, after line 23, add the following:
       ``Sec. 739. None of the funds appropriated or otherwise 
     made available by this Act may be used to require any 
     producer to pay an administrative fee for catastrophic risk 
     protection under section 508(b)(5)(A) of the Federal Crop 
     Insurance Act (7 U.S.C. 1508(b)(5)(A)) in an amount that is 
     greater than $50 per crop per county.''.
       ``Sec. 740. Nothing in this Act shall be interpreted or 
     construed to alter the current implementation of the Wetlands 
     Reserve Program, unless expressly provided herein.''.
                                 ______
                                 

            COCHRAN (AND BUMPERS) AMENDMENTS NOS. 3129-3130

  Mr. COCHRAN (for himself and Mr. Bumpers) proposed two amendments to 
the bill, S. 2159, supra; as follows:

                           Amendment No. 3129

       On page 35, line 25, strike ``$1,000,000'' and insert 
     ``$70,000''.
                                  ____


                           Amendment No. 3130

       On page 26, line 26, strike ``$488,872,000'' and insert in 
     lieu thereof ``$510,649,000''.
       On page 27, line 7, insert ``and'' before ``for''.
       On page 27, lines 8 and 9, strike ``;and for credit sales 
     of acquired property, $25,000,000''.
       On page 27, line 13, strike ``$16,320,000'' and insert in 
     lieu thereof ``$19,580,000''.
       On page 27, line 20, insert ``and'' before ``for''.
       On page 27, lines 21 and 22, strike ``; and for credit 
     sales of acquired property, $3,260,000''.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 3131

  Mr. BUMPERS proposed an amendment to the bill, S. 2159, supra; as 
follows:

       On page 67, after line 23, insert the following:
       ``Sec.   . That notwithstanding section 4703(d)(1) of title 
     5, United States Code, the personnel management demonstration 
     project established in the Department of Agriculture, as 
     described at 55 FR 9062 and amended at 61 FR 9507 and 61 FR 
     49178, shall be continued indefinitely and become effective 
     upon enactment of this bill.''
                                 ______
                                 

               D'AMATO (AND SARBANES) AMENDMENTS NO. 3132

  Mr. COCHRAN (for Mr. D'Amato for himself and Mr. Sarbanes) proposed 
an amendment to the bill, S. 2159, supra; as follows:

       On page 67, after line 23, insert the following:
       Sec. ____. (a) The first sentence of section 509(f)(4)(A) 
     of the Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is 
     amended by striking ``fiscal year 1998'' and inserting 
     ``fiscal year 1999''.
       (b) Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C. 
     1485(b)(4)) is amended by striking ``September 30, 1998'' and 
     inserting ``September 30, 1999''.
       (c) The first sentence of section 515(w)(1) of the Housing 
     Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking 
     ``fiscal year 1998'' and inserting ``fiscal year 1999''.
       (d) Section 538 of the Housing Act of 1949 (42 U.S.C. 
     1490p-2) is amended--
       (1) in subsection (t), by striking ``fiscal year 1998'' and 
     inserting ``fiscal year 1999''; and
       (2) in subsection (u), by striking ``September 30, 1998'' 
     and inserting ``September 30, 1999''. 

                       GRAHAM AMENDMENT NO. 3133

  Mr. COCHRAN (for Mr. Graham) proposed an amendment to the bill, S. 
2159, supra; as follows:

       On page 67, after line 23, add the following:

     SEC. 7____. METHYL BROMIDE ALTERNATIVES RESEARCH.

       (a) Review.--The Secretary of Agriculture, acting through 
     the Agricultural Research Service, shall conduct a review of 
     the methyl bromide alternatives research conducted by the 
     Secretary that describes--
       (1) the amount of funds expended by the Secretary since 
     January 1, 1990, on methyl bromide alternatives research, 
     including a description of the amounts paid for salaries, 
     expenses, and actual research;
       (2) plot and field scale testing of methyl bromide 
     alternatives conducted by the Secretary since January 1, 
     1990, including a description of--
       (A) the total amount of funds expended for the testing;
       (B) the amount of funds expended for the testing as a 
     portion of a larger project or independently of other 
     projects; and

[[Page S8140]]

       (C) the results of the testing and the impact of the 
     results on future research; and
       (3) variables that impact the effectiveness of methyl 
     bromide alternatives, including a description of--
       (A) the individual variables; and
       (B) the plan of the Secretary for addressing each of the 
     variables during the plot and field scale testing conducted 
     by the Secretary.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Appropriations Committees of both Houses of Congress a report 
     that describes the results of the review conducted under 
     subsection (a).
                                 ______
                                 

                GRAMM (AND HUTCHISON) AMENDMENT NO. 3134

  Mr. COCHRAN (for Mr. Gramm for himself and Mrs. Hutchison) Proposed 
an amendment to the bill, S. 2159, supra; as follows:

       On page 67, after line 23, add the following:

     SEC. ____. SENSE OF SENATE ON DISASTER ASSISTANCE FOR TEXAS 
                   AGRICULTURAL PRODUCERS.

       (a) Findings.--The Senate finds that--
       (1) the statewide economic impact of the drought on 
     agriculture in the State of Texas could be more than 
     $4,600,000,000 in losses, according to the Agricultural 
     Extension Service of the State;
       (2) the direct loss of income to agricultural producers in 
     the State is $1,500,000,000;
       (3) the National Weather Service has reported that all 10 
     climatic regions in the State have received below-average 
     rainfall from March through May of 1998, a critical time in 
     the production of corn, cotton, sorghum, wheat, and forage;
       (4) the total losses for cotton producers in the State have 
     already reached an estimated $500,000,000;
       (5) nearly half of the rangeland in the State (as of May 
     31, 1998) was rated as poor or very poor as a result of the 
     lack of rain;
       (6) the value of lost hay production in the State will 
     approach an estimated $175,000,000 statewide, leading to an 
     economic impact of $582,000,000;
       (7) dryland fruit and vegetable production losses in East 
     Texas have already been estimated at $33,000,000;
       (8) the early rains in many parts of the State produced a 
     large quantity of forage that is now extremely dry and a 
     dangerous source of fuel for wildfires; and
       (9) the Forest Service of the State has indicated that over 
     half the State is in extreme or high danger of wildfires due 
     to the drought conditions.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of Agriculture should--
       (1) streamline the drought declaration process to provide 
     necessary relief to the State of Texas as quickly as is 
     practicable;
       (2) ensure that local Farm Service Agency offices in the 
     State are equipped with full-time and emergency personnel in 
     drought-stricken areas to assist agricultural producers with 
     disaster loan applications;
       (3) direct the Forest Service, and request the Federal 
     Emergency Management Agency, to assist the State in 
     prepositioning fire fighting equipment and other appropriate 
     resources in affected counties of the State;
       (4) authorize haying and grazing on acreage in the State 
     that is enrolled in the conservation reserve program carried 
     out under section 1231 of the Food Security Act of 1985 (16 
     U.S.C. 3831); and
       (5) convene experts within the Department of Agriculture to 
     develop and implement an emergency plan for the State to help 
     prevent wildfires and to overcome the economic impact of the 
     continuing drought by providing assistance from the 
     Department in a rapid and efficient manner for producers that 
     are suffering from drought conditions.
                                 ______
                                 

                        LUGAR AMENDMENT NO. 3135

  Mr. COCHRAN (for Mr. Lugar) proposed an amendment to the bill, S. 
2159, supra; as follows:

       On page 67, after line 23, add the following new sections:
       Sec.  . Section 1237D(c)(1) of Subchapter C of the Food 
     Security Act of 1985 is amended by inserting after 
     ``perpetual'' the following ``or 30-year.''
       Sec.  . Section 1237(b)(2) of Subchapter C of the Food 
     Security Act of 1985 is amended by adding the following: 
     ``(C) For purposes of subparagraph (A), to the maximum extent 
     practicable should be interpreted to mean that acceptance of 
     wetlands reserve program bids may be in proportion to 
     landowner interest expressed in program options.''
                                 ______
                                 

                 LUGAR (AND OTHERS) AMENDMENT NO. 3136

  Mr. COCHRAN (for Mr. Lugar for himself, Mr. Santorum, Ms. Collins, 
Mr. Harkin, and Mr. Leahy) proposed an amendment to the bill, S. 2159, 
supra; as follows:

       On page 67, after line 23, insert the following:

     SEC. ____. TECHNICAL CORRECTIONS TO AGRICULTURAL RESEARCH, 
                   EXTENSION, AND EDUCATION REFORM ACT OF 1998.

       (a) Forest and Rangeland Renewable Resources Research.--
     Section 3(d)(3) of the Forest and Rangeland Renewable 
     Resources Research Act of 1978 (16 U.S.C. 1642(d)(3)) (as 
     amended by section 253(b) of the Agricultural Research, 
     Extension, and Education Reform Act of 1998) is amended by 
     striking ``The Secretary'' and inserting ``At the request of 
     the Governor of the State of Maine, New Hampshire, New York, 
     or Vermont, the Secretary''.
       (b) Honey Research, Promotion, and Consumer Information.--
     Section 7(e)(2) of the Honey Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 4606(e)(2)) (as amended by 
     section 605(f)(3) of the Agricultural Research, Extension, 
     and Education Reform Act of 1998) is amended by striking 
     ``$0.0075'' each place it appears and inserting ``$0.01''.
       (c) Effective Date.--The amendments made by this section 
     take effect on the date of enactment of the Agricultural 
     Research, Extension, and Education Reform Act of 1998.
                                 ______
                                 

                        ROBB AMENDMENT NO. 3137

  Mr. COCHRAN (for Mr. Robb) proposed an amendment to the bill, S. 
2159, supra; as follows:

       After line 23 on page 67, add the following new title:

                               TITLE VIII

     ``SEC. 1. SHORT TITLE.

       This section may be cited as the `Agricultural Credit 
     Restoration Act'.

     SEC. 2. AMENDMENTS TO THE CONSOLIDATED FARM AND RURAL 
                   DEVELOPMENT ACT.

       (a) Section 343(a)(12)(B) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1991(a)(12)(B)) is amended to 
     read as follows:
       ``(B) Exceptions.--The term `debt forgiveness' does not 
     include--
       ``(i) consolidation, rescheduling, reamortization, or 
     deferral of a loan;
       ``(ii) 1 debt forgiveness in the form of a restructuring, 
     write-down, or net recovery buy-out which occurred prior to 
     date of enactment and was due to a financial problem of the 
     borrower relating to a natural disaster or a medical 
     condition of the borrower or of a member of the immediate 
     family of the borrower (or, in the case of a borrower that is 
     an entity, a principal owner of the borrower or a member of 
     the immediate family of such an owner); and
       ``(iii) any restructuring, write-down, or net recovery buy-
     out provided as a part of a resolution of a discrimination 
     complaint against the Secretary.''.
       (5) Section 355(c)(2) of such Act (7 U.S.C. 2003(c)(2)) is 
     amended to read as follows:
       ``(2) Reservation and allocation.--
       ``(A) In general.--The Secretary shall, to the greatest 
     extent practicable, reserve and allocate the proportion of 
     each State's loan funds made available under subtitle B that 
     is equal to that State's target participation rate for use by 
     the socially disadvantaged farmers or ranchers in that State. 
     The Secretary shall, to the extent practicable, distribute 
     the total so derived on a county by county basis according to 
     the number of socially disadvantaged farmers or ranchers in 
     the county
       ``(B) Reallocation of unused funds.--The Secretary may pool 
     any funds reserved and allocated under this paragraph with 
     respect to a State that are not used as described in 
     subparagraph (A) in a State' in the first 10 months of a 
     fiscal year with the funds similarly not so used in other 
     States, and may reallocate such pooled funds in the 
     discretion of the Secretary for use by socially disadvantaged 
     farmers and ranchers in other States.''.
       (c) Section 373(b)(1) of such Act (7 U.S.C. 2008h(b)(1)) is 
     amended to read as follows:
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary may not make or guarantee a loan under subtitle A 
     or B to a borrower who received debt forgiveness on a loan 
     made or guaranteed under this title unless such forgiveness 
     occurred prior to April 4, 199* * *''.

     SEC. 2. REGULATIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Agriculture shall promulgate 
     regulations necessary to carry out the amendments made by 
     this Act, without regard to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code; and
       (2) the statement of policy of the Secretary of Agriculture 
     relating to notices of proposed rulemaking and public 
     participation in rulemaking that became effective on July 24, 
     1971 (36 Fed. Reg. 13804).
                                 ______
                                 

                  COVERDELL AMENDMENTS NOS. 3138-3139

  (Ordered to lie on the table.)
  Mr. COVERDELL submitted two amendments intended to be proposed by him 
to the bill, S. 2159, supra; as follows:

                           Amendment No. 3138

       On page 67, after line 23, add the following:

     SEC. ____. HEALTH THREATS POSED BY E. COLI:0157H7.

       (a) Transfer.--Using $2,550,000 of the amounts appropriated 
     under this Act, the Secretary of Agriculture shall carry out 
     activities under subsection (b) to address urgent health 
     threats posed by E. coli:0157H7.
       (b) Use of Funds.--From amounts transferred under 
     subsection (a), the Secretary shall--

[[Page S8141]]

       (1) provide $550,000 to fund ongoing research to detect or 
     prevent colonization of E. coli:0157H7 in live cattle:
       (2) provide, through the existing partnership between the 
     Federal Government, industry, and consumer groups, $1,000,000 
     for the National Consumer Education Campaign on Food Safety 
     as part of the activities to address safe food handling 
     practices; and
       (3) provide $1,000,000 for a contract to be entered into 
     with the National Academy of Sciences to assess the 
     effectiveness of testing to ensure zero tolerance of E. 
     coli:0157H7 in raw ground beef products.
                                  ____


                           Amendment No. 3139

       On page 67, after line 23, add the following:

     SEC. ____. AGRICULTURAL CREDIT IMPROVEMENT.

       (a) Definition of Family Farm.--
       (1) Real estate loans.--Section 302 of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1922) is amended by 
     adding at the end the following:
       ``(c) Determination of Qualification for Loan.--
       ``(1) Primary factor.--The primary factor to be considered 
     in determining whether an applicant for a loan under this 
     subtitle is engaged primarily and directly in farming or 
     ranching shall be whether the applicant is participating in 
     routine, ongoing farm activities and in overall 
     decisionmaking with regard to the farm or ranch.
       ``((2) No basis for denial of loan.--The Secretary may not 
     deny a loan under this subtitle solely because 2 or more 
     individuals are employed full-time in the farming operation 
     for which the loan is sought.''.
       (2) Operating loans.--Section 311 of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1941) is amended by 
     adding at the end the following:
       ``(d) Determination of Qualification for Loan.--
       ``(1) Primary factor.--The primary factor to be considered 
     in determining whether an applicant for a loan under this 
     subtitle is engaged primarily and directly in farming or 
     ranching shall be whether the applicant is participating in 
     routine, ongoing farm activities and in overall 
     decisionmaking with regard to the farm or ranch.
       ``(2) No basis for denial of loan.--The Secretary may not 
     deny a loan under this subtitle solely because 2 or more 
     individuals are employed full-time in the farming operation 
     for which the loan is sought.''.
       (3) Emergency loans.--Section 321 of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1961) is amended by 
     adding at the end the following:
       ``(e) Determination of Qualification for Loan.--
       ``(1) Primary factor.--The primary factor to be considered 
     in determining whether an applicant for a loan under this 
     subtitle is engaged primarily and directly in farming or 
     ranching shall be whether the applicant is participating in 
     routine, ongoing farm activities and in overall 
     decisionmaking with regard to the farm or ranch.
       ``(2) No basis for denial of loan.--The Secretary may not 
     deny a loan under this subtitle solely because 2 or more 
     individuals are employed full-time in the farming operation 
     for which the loan is sought.''.
       (b) Grower-Shipper Agreements.--
       (1) Real estate loans.--Section 302 of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1922) (as amended by 
     subsection (a)(1)) is amended by adding at the end the 
     following:
       ``(d) Grower-Shipper Agreements.--This section does not 
     prohibit the Secretary from making a loan under this subtitle 
     to an applicant that has entered into an agreement with a 
     shipper of perishable commodities under which the applicant 
     and the shipper share in the proceeds from the sale of an 
     agricultural commodity if--
       ``(1) in the absence of such an agreement, the applicant 
     could not easily market the agricultural commodity or could 
     not market the agricultural commodity without incurring 
     significant additional risk; and
       ``(2) the agreement is clearly beneficial to the 
     applicant.''.
       (2) Operating loans.--Section 311 of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1941) (as amended by 
     subsection (a)(2)) is amended by adding at the end the 
     following:
       ``(e) Grower-Shipper Agreements.--This section does not 
     prohibit the Secretary from making a loan under this subtitle 
     to an applicant that has entered into an agreement with a 
     shipper of perishable commodities under which the applicant 
     and the shipper share in the proceeds from the sale of an 
     agricultural commodity if--
       ``(1) in the absence of such an agreement, the applicant 
     could not easily market the agricultural commodity or could 
     not market the agricultural commodity without incurring 
     significant additional risk; and
       ``(2) the agreement is clearly beneficial to the 
     applicant.''.
       (3) Emergency loans.--Section 321 of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1941) (as amended by 
     subsection (a)(3)) is amended by adding at the end the 
     following:
       ``(f) Grower-Shipper Agreements.--This section does not 
     prohibit the Secretary from making a loan under this subtitle 
     to an applicant that has entered into an agreement with a 
     shipper of perishable commodities under which the applicant 
     and the shipper share in the proceeds from the sale of an 
     agricultural commodity if--
       ``(1) in the absence of such an agreement, the applicant 
     could not easily market the agricultural commodity or could 
     not market the agricultural commodity without incurring 
     significant additional risk; and
       ``(2) the agreement is clearly beneficial to the 
     applicant.''.
       (c) Combined Limit on Amount of Farm Ownership and 
     Operating Loans; Indexation to Inflation.--
       (1) Limit on amount of guaranteed farm ownership loans.--
     Section 305 of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1925) is amended--
       (A) by striking ``Sec.305. The Secretary'' and inserting 
     the following:

     ``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.

       ``(a) In General.--The Secretary'';
       (B) by striking ``$300,000'' and inserting ``$700,000 
     (increased, beginning with fiscal year 1998, by the inflation 
     percentage applicable to the fiscal year in which the loan is 
     to be made or insured), reduced by the amount of any unpaid 
     indebtedness of the borrower on loans under subtitle B that 
     are guaranteed by the Secretary'';
       (C) by striking ``In determining'' and inserting the 
     following:
       ``(b) Determination of Value.--In determining''; and
       (D) by adding at the end the following:
       ``(c) Inflation percentage.--For purposes of this section, 
     the inflation percentage applicable to a fiscal year is the 
     percentage (if any) by which--
       ``(1) the average of the Consumer Price Index (as defined 
     in section 1(f)(5) of the Internal Revenue Code of 1986) for 
     the 12-month period ending on August 31 of the immediately 
     preceding fiscal year; exceeds
       ``(2) the average of the Consumer Price Index (as so 
     defined) for the 12-month period ending on August 31, 
     1996.''.
       (2) Limit on amount of operating loans.--Section 313 of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1943) 
     is amended--
       (A) by striking ``Sec. 313. The Secretary'' and inserting 
     the following:

     ``SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.

       ``(a) In General.--The Secretary'';
       (B) by striking ``this subtitle (1) that would cause'' and 
     inserting ``this subtitle--
       ``(1) that would cause'';
       (C) by striking ``$400,000; or (2) for the purchasing'' and 
     inserting ``$700,000 (increased, beginning with fiscal year 
     1998, by the inflation percentage applicable to the fiscal 
     year in which the loan is to be made or insured), reduced by 
     the unpaid indebtedness of the borrower on loans under the 
     sections specified in section 305 that are guaranteed by the 
     Secretary; or
       ``(2) for the purchasing''; and
       (D) by adding at the end the following:
       ``(b) Inflation Percentage.--For purposes of this section, 
     the inflation percentage applicable to a fiscal year is the 
     percentage (if any) by which--
       ``(1) the average of the Consumer Price Index (as defined 
     in section 1(f)(5) of the Internal Revenue Code of 1986) for 
     the 12-month period ending on August 31 of the immediately 
     preceding fiscal year; exceeds
       ``(2) the average of the Consumer Price Index (as so 
     defined) for the 12-month period ending on August 31, 
     1996.''.
       (d) Applicability of Disaster Loan Collateral Requirements 
     Under the Small Business Act.--Section 324(d) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     1964(d)) is amended--
       (1) by striking ``(d) All loans'' and inserting the 
     following:
       ``(d) Repayment.--
       ``(1) In general.-- All loans''; and
       (2) by adding at the end the following:
       ``(2) No basis for denial of loan.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall not deny a loan under this subtitle to a 
     borrower by reason of the fact that the borrower lacks a 
     particular amount of collateral for the loan if it is 
     reasonably certain that the borrower will be able to repay 
     the loan.
       ``(B) Refusal to pledge available collateral.--The 
     Secretary may deny or cancel a loan under this subtitle if a 
     borrower refuses to pledge available collateral on request by 
     the Secretary.''.
       (e) Prohibition of Loan Guarantees to Borrowers That Have 
     Received Debt Forgiveness After April 4, 1996.--
       (1) In general.--Section 373 of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 2008h) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Prohibition of Loans for Borrowers That Have Received 
     Debt Forgiveness.--
       ``(1) Prohibitions.--Except as provided in paragraph (2)--
       ``(A) the Secretary may not make a loan under this title to 
     a borrower that has received debt forgiveness on a loan made 
     or guaranteed under this title; and
       ``(B) the Secretary may not guarantee a loan under this 
     title to a borrower that has received debt forgiveness after 
     April 4, 1996, on a loan made or guaranteed under this title.
       ``(2) Exceptions.--
       ``(A) In general.--The Secretary may make a direct or 
     guaranteed farm operating loan for paying annual farm or 
     ranch operating expenses of a borrower that was restructured 
     with a write-down under section 353.
       ``(B) Emergency loans.--The Secretary may make an emergency 
     loan under section 321 to a borrower that--

[[Page S8142]]

       ``(i) on or before April 4, 1996, received not more than 1 
     debt forgiveness on a loan made or guaranteed under this 
     title; and
       ``(ii) after April 4, 1996, has not received debt 
     forgiveness on a loan made or guaranteed under this title.''.
       (f) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section take effect on the date of 
     enactment of this Act.
       (2) Definition of family farm.--The amendments made by 
     subsection (a) take effect on January 1, 1997.
                                 ______
                                 

               DeWINE (AND HUTCHINSON) AMENDMENT NO. 3140

  (Ordered to lie on the table.)
  Mr. DeWine (for himself and Mr. Hutchinson) submitted an amendment 
intended to be proposed by them to the bill, S. 2159, supra; as 
follows:

       At the appropriate place in title VII, insert the 
     following:

     SEC. ____. METERED-DOSE INHALERS.

       (a) Findings.--Congress finds that--
       (1) the Montreal Protocol on Substances That Deplete the 
     Ozone Layer (referred to in this section as the ``Montreal 
     Protocol'') requires the phaseout of products containing 
     ozone-depleting substances, including chloroflourocarbons;
       (2) the primary remaining legal use in the United States of 
     newly produced chloroflourocarbons is in metered-dose 
     inhalers;
       (3) treatment with metered-dose inhalers is the preferred 
     treatment for many patients with asthma and chronic 
     obstructive pulmonary disease;
       (4) the incidence of asthma and chronic obstructive 
     pulmonary disease is increasing in children and is most 
     prevalent among low-income persons in the United States;
       (5) the Parties to the Montreal Protocol have called for 
     development of national transition strategies to non-
     chloroflourocarbon metered-dose inhalers;
       (6) the Commissioner of Food and Drugs published an advance 
     notice of proposed rulemaking that suggested a tentative 
     framework for how to phase out the use of metered-dose 
     inhalers that contain chloroflourocarbons in the Federal 
     Register on March 6, 1997, 62 Fed. Reg. 10242 (referred to in 
     this section as the ``proposal''); and
       (7) the medical and patient communities, while calling for 
     a formal transition strategy through the FDA rulemaking 
     process have expressed serious concerns that, if implemented 
     without change, the phaseout framework tentatively proposed 
     by the FDA in the ANPR could result in the removal of MDIs 
     containing CFCs from the market before adequate non-
     chloroflourocarbon replacements are available, thus 
     potentially placing some patients at risk.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Food and Drug Administration should, in 
     consultation with the Environmental Protection Agency, assess 
     the risks and benefits to the environment and to patient 
     health of the proposal and any alternatives;
       (2) in conducting such assessments, the Food and Drug 
     Administration should consult with patients, physicians, 
     other health care providers, manufacturers of metered-dose 
     inhalers, and other interested parties;
       (3) upon completion of these assessments, the Food and Drug 
     Administration should promptly issue a rule ensuring that a 
     range of non-chloroflourocarbon metered-dose inhaler 
     alternatives is available which for all populations of users, 
     are comparable to existing treatments (as of the date of 
     issuance of the regulation) in terms of safety and efficacy, 
     use for therapeutic indications, dosage strength, delivery 
     system, and sufficient availability to meet patient needs. 
     Such rule should not be based on a therapeutic class phaseout 
     approach; and
       (4) A proposed rule should be issued by the FDA no later 
     than July 1, 1999.
                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 3141

  (Ordered to lie on the table.)
  Mr. BROWNBACK submitted an amendment intended to be proposed by him 
to the bill, S. 2159, supra; as follows:

       On page 67, after line 23, add the following:

     SEC. 7____. CENSUS OF AGRICULTURE.

       (a) In General.--Section 2 of the Census of Agriculture Act 
     of 1997 (7 U.S.C. 2204g) is amended--
       (1) in subsection (b), by inserting before the period at 
     the end the following: ``, except that a survey or other 
     information collection shall consist of not more than 20 
     questions''; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Compliance.--
       ``(1) Fraud.--A person over 18 years of age shall not 
     willfully give an answer that is false to a question that the 
     Secretary is authorized to submit to the person in connection 
     with a census under this section.
       ``(2) Refusal or neglect to answer questions.--A person 
     over 18 years of age shall not refuse or willfully neglect to 
     answer a question that the Secretary is authorized to submit 
     to the person in connection with a census under this section.
       ``(3) Penalties.--A person that violates paragraph (1) or 
     (2) shall not be subject to any penalty or injunction under 
     this Act or any other law by reason of the violation.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on January 1, 1998.
                                 ______
                                 

                BUMPERS (AND COCHRAN) AMENDMENT NO. 3142

  Mr. BUMPERS (for himself and Mr. Cochran) proposed an amendment to 
the bill, S. 2159, supra; as follows:

       On page 67, after line 23 insert the following:
       ``Sec.   . None of the funds appropriated by this Act or 
     any other Act shall be used to pay the salaries and expenses 
     of personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Agriculture, Rural 
     Development, and Related Agencies that assumes revenues or 
     reflects a reduction from the previous year due to user fees 
     proposals that have not been enacted into law prior to the 
     submission of the Budget unless such Budget submission 
     identifies which additional spending reductions should occur 
     in the event the users fees proposals are not enacted prior 
     to the date of the convening of a committee of conference for 
     the fiscal year 2000 appropriations act.''
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 3143

  Mr. BUMPERS (for Mr. Daschle) proposed an amendment to the bill, S. 
2159, supra; as follows:

       On page 67, after line 23, add the following:

     SEC. 7  . PILOT PROGRAM TO PERMIT HAYING AND GRAZING ON 
                   CONSERVATION RESERVE LAND.

       (a) Definitions.--In this section:
       (1) Eligible state.--The term ``eligible State'' means any 
     State that is approved by the Secretary for inclusion in the 
     pilot program under subsection (b), except that the term 
     shall not apply to more than 7 States.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) State technical committee.--The term ``State technical 
     committee'' means the State technical committee for a State 
     established under section 1261 of the Food Security Act of 
     1985 (16 U.S.C. 3861).
       (b) Pilot Program.--Notwithstanding section 1232(a)(7) of 
     the Food Security Act of 1985 (16 U.S.C. 3832(a)(7)), during 
     the 4-year period beginning on the date of enactment of this 
     Act, on application by an owner or operator of a farm or 
     ranch located in an eligible State who has entered into a 
     contract with the Secretary under subchapter B of chapter 1 
     of subtitle D of title XII of that Act (16 U.S.C. 3831 et 
     seq.)--
       (1) the Secretary shall permit harvesting and grazing on 
     land on the farm or ranch that the Secretary determines has a 
     sufficiently established cover to permit harvesting or 
     grazing without undue harm to the purposes of the contract 
     if--
       (A) no land under the contract will be harvested or grazed 
     more than once in a 4-year period;
       (B) the owner or operator agrees to a payment reduction 
     under that subchapter in an amount determined by the 
     Secretary; and
       (C) the owner or operator agrees to such other terms and 
     conditions as the Secretary, in consultation with the State 
     technical committee for the State, may establish to ensure 
     that the harvesting or grazing is consistent with the 
     purposes of the program established under that subchapter;
       (2) the Secretary may permit grazing on land under the 
     contract if--
       (A) the grazing is incidental to the gleaning of crop 
     residues;
       (B) the owner or operator agrees to a payment reduction in 
     annual rental payments that would otherwise be payable under 
     that subchapter in an amount determined by the Secretary; and
       (C) the owner or operator agrees to such other terms and 
     conditions as the Secretary, in consultation with the State 
     technical committee for the State, may establish to ensure 
     that the grazing is consistent with the purposes of the 
     program established under that subchapter; and
       (3) the Secretary shall permit harvesting on land on the 
     farm or ranch that the Secretary determines has a 
     sufficiently established cover to permit harvesting without 
     undue harm to the purposes of the contract if--
       (A) land under the contract will be harvested not more than 
     once annually for recovery of biomass used in energy 
     production;
       (B) the owner or operator agrees to a payment reduction 
     under that subchapter in an amount determined by the 
     Secretary; and
       (C) the owner or operator agrees to such other terms and 
     conditions as the Secretary, in consultation with the State 
     technical committee for the State, may establish to ensure 
     that the harvesting is consistent with the purposes of the 
     program established under that subchapter.
       (c) Relationship to Other Haying and Grazing Authority.--
     During the 4-year period beginning on the date of enactment 
     of this Act, land that is located in an eligible State shall 
     not be eligible for harvesting or grazing under section 
     1232(a)(7) of the Food Security Act of 1985 (16 U.S.C. 
     3832(a)(7)).
       (d) Conservation Practices and Timing Restrictions.--Not 
     later than March 1 of

[[Page S8143]]

     each year, the Secretary, in consultation with the State 
     technical committee for an eligible State, shall determine 
     any conservation practices and timing restrictions that apply 
     to land in the State that is harvested or grazed under 
     subsection (b).
       (e) Study.--The Secretary shall make available not more 
     than $100,000 of funds of the Commodity Credit Corporation to 
     contract with the game, fish, and parks department of an 
     eligible State to conduct an analysis of the program 
     conducted under this section (based on information provided 
     by all eligible States).
       (f) Regulations.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall issue such 
     regulations as are necessary to implement this Act.
       (2) Procedure.--The issuance of the regulations shall be 
     made without regard to--
       (A) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (B) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; or
       (C) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
                                 ______
                                 

                       DURBIN AMENDMENT NO. 3144

  Mr. BUMPERS (for Mr. Durbin) proposed an amendment to the bill, S. 
2159, supra; as follows:

       On page 67, after line 23, add the following:

     SEC. 7  . EGG GRADING AND SAFETY.

       (a) Prohibition on Previous Shipment of Shell Eggs Under 
     Voluntary Grading Program.--Section 203(h) of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h)) is 
     amended by adding at the end the following: ``Shell eggs 
     packed under the voluntary grading program of the Department 
     of Agriculture shall not have been shipped for sale previous 
     to being packed under the program, as determined under a 
     regulation promulgated by the Secretary.''.
       (b) Report on Egg Safety and Repackaging.--Not later than 
     90 days after the date of enactment of this Act, the 
     Secretary of Agriculture, and the Secretary of Health and 
     Human Services, shall submit a status report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that describes actions taken by the Secretary 
     of Agriculture and the Secretary of Health and Human 
     Services--
       (1) to enhance the safety of shell eggs and egg products;
       (2) to prohibit the grading, under the voluntary grading 
     program of the Department of Agriculture, of shell eggs 
     previously shipped for sale; and
       (3) to assess the feasibility and desirability of applying 
     to all shell eggs the prohibition on repackaging to enhance 
     food safety, consumer information, and consumer awareness.
                                 ______
                                 

                        BYRD AMENDMENT NO. 3145

  Mr. BUMPERS (for Mr. BYRD) proposed an amendment to the bill, S. 
2159, supra; as follows:

       On page 31, line 8, after ``Provided,'' insert ``That, of 
     the total amount appropriated, $433,000 shall be used, along 
     with prior year appropriations provided for this project, to 
     complete construction of the Alderson Plant Materials Center, 
     Alderson, West Virginia: Provided, further,''.
                                 ______
                                 

                DASCHLE (AND OTHERS) AMENDMENT NO. 3146

  Mr. DASCHLE (for himself, Mr. Harkin, Mr. Wellstone, Mrs. Murray, Mr. 
Kerrey, Mr. Conrad, Mr. Dorgan, and Mr. Baucus) proposed an amendment 
to the bill, S. 2159, supra; as follows:

       On page 67, after line 23, add the following:

     SEC. 7____. MARKETING ASSISTANCE LOANS.

       (a) Marketing Assistance Loans.--
       (1) Loan rates.--Notwithstanding section 132 of the 
     Agricultural Market Transition Act (7 U.S.C. 7232), during 
     fiscal year 1999, loan rates for a loan commodity (as defined 
     in section 102 of that Act (7 U.S.C. 7202)) shall not be 
     subject to any dollar limitation on loan rates prescribed 
     under subsections (a)(1)(B), (b)(1)(B), (c)(2), (d)(2), 
     (f)(1)(B), or (f)(2)(B) of that section.
       (2) Term of loan.--Notwithstanding section 133(c) of the 
     Agricultural Market Transition Act (7 U.S.C. 7233), during 
     fiscal year 1999, the Secretary of Agriculture may extend the 
     term of a marketing assistance loan for any loan commodity 
     for a period not to exceed 6 months.
       (b) Emergency Requirement.--
       (1) Designation by congress.--Subject to paragraph (2), the 
     entire amount of funds necessary to carry out this section is 
     designated by Congress as an emergency requirement under 
     section 252(e) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(e)).
       (2) Budget request.--Funds shall be made available to carry 
     out this section only to the extent that an official budget 
     request 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.) is transmitted by the President to 
     Congress.
       (c) Termination of Effectiveness.--
       (1) In general.--Subject to paragraph (2), the authority 
     provided by this section terminates effective October 1, 
     1999.
       (2) Loan terms.--A marketing assistance loan made under 
     subtitle C of the Agricultural Market Transition Act (7 
     U.S.C. 7231 et seq.) and subsection (a) shall be subject to 
     the terms and conditions of the loan during the 15-month 
     period beginning on October 1, 1998.
                                 ______
                                 

                LIEBERMAN (AND DODD) AMENDMENT NO. 3147

  Mr. BUMPERS (for Mr. Lieberman for himself and Mr. Dodd) proposed an 
amendment to the bill, S. 2159, supra; as follows:

       On page 67, after line 23, add the following:

     SEC. ____. ELIGIBILITY OF STATE AGRICULTURAL EXPERIMENT 
                   STATIONS FOR CERTAIN AGRICULTURAL RESEARCH 
                   PROGRAMS.

       (a) Fund for Rural America.--Section 793(c)(2)(B) of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 2204f(c)(2)(B)) is amended--
       (1) in clause (iii), by striking ``or'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(v) a State agricultural experiment station.''.
       (b) Initiative for Future Agriculture and Food Systems.--
     Section 401(d) of the Agricultural Research, Extension, and 
     Education Reform Act of 1998 (7 U.S.C. 7621(d)) is amended--
       (1) in paragraph (3), by striking ``or'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(5) a State agricultural experiment station.''.

                          ____________________