[Congressional Record Volume 145, Number 43 (Thursday, March 18, 1999)]
[Senate]
[Pages S2929-S2932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999

  The Senate resumed consideration of the bill.


                           Amendment No. 114

    (Purpose: To transfer funds from the environmental programs and 
management account of the Environmental Protection Agency to the State 
                  and tribal assistance grant account)

  Mr. STEVENS. Mr. President, I send to the desk an amendment which is 
one of the relevant amendments listed by the majority leader. It is on 
behalf of Senator Crapo, dealing with the transfer of funds from the 
environmental programs and management account of the EPA to the State 
and tribal assistant grant account. This has been cleared on both 
sides, and I ask that it be considered.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alaska (Mr. Stevens), for Mr. Crapo, 
     proposes an amendment numbered 114.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 58, between lines 15 and 16, insert the following:

     SEC. 4.   . WATER AND WASTEWATER INFRASTRUCTURE PROJECTS.

       Of the amount appropriated under the heading 
     ``environmental programs and management'' in title III of the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     1999 (Public Law 105-276), $1,300,000 shall be transferred to 
     the State and tribal assistance grant account for a grant for 
     water and wastewater infrastructure projects in the State of 
     Idaho.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 114) was agreed to.
  Mr. STEVENS. Mr. President, I move to reconsider the vote by which 
the amendment was agreed to, and I move to lay that motion on the 
table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. Mr. President, I ask unanimous consent to remove from 
the list Senator DeWine's amendment on steel and Senator Murray's 
amendment on rural schools.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I ask unanimous consent to send to the 
desk and consider, en bloc, the following amendments:
  A Kohl-Harkin-Durbin amendment to provide funding for conservation 
technical assistance; a Bond-Durbin-Ashcroft-Grassley-Frist-Harkin 
amendment for additional funding for section 32 assistance to 
producers; a Byrd amendment to provide additional funding for rural 
water infrastructure; a technical amendment of my own regarding the 
provision of emergency assistance made available for fiscal year 1999; 
a Feinstein-Boxer amendment to increase the emergency funds made 
available for emergency grants to low-income migrant and seasonal 
workers.
  The last amendment deals with a $5 million increase which we believe 
is offset with the current bill. The others are offset.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendments Nos. 115 through 119, En Bloc

  Mr. STEVENS. Mr. President, I send the amendments to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alaska (Mr. Stevens) proposes amendments 
     numbered 115 through 119, en bloc.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the reading 
of the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:


                           AMENDMENT NO. 115

  (Purpose: To provide funding for conservation technical assistance)

       On page 37, line 9 strike ``$285,000,000'' and insert in 
     lieu thereof ``$313,000,000''.
       At the appropriate place, insert the following:
       ``SEC.  . Notwithstanding Section 11 of the Commodity 
     Credit Corporation Charter Act (15 U.S.C. 714i), an 
     additional $28,000,000 shall be provided through the 
     Commodity Credit Corporation in fiscal year 1999 for 
     technical assistance activities performed by an agency of the 
     Department of Agriculture in carrying out any conservation or 
     environmental program funded by the Commodity Credit 
     Corporation: Provided, That the entire amount shall be 
     available only to the extent an official budget request for 
     $28,000,000, that includes designation of the entire amount 
     of the request as 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.''

  Mr. KOHL. Mr. President, today, along with Senators Harkin and 
Durbin, I introduce an amendment to add $28 million this fiscal year to 
the Conservation Reserve Program CRP, run

[[Page S2930]]

by the Natural Resources Conservation Service, NRCS of USDA. The 
amendment is fully offset and acceptable to Senator Cochran and my 
colleagues on the other side of the aisle.
  One of the benefits of my job is having an opportunity to travel many 
of the highways and backroads of the State of Wisconsin. And, I like so 
many other residents of my State, never tire of the landscape of 
rolling hills, grazing dairy cows, and handsome farms. In the last few 
years, dotted among these lovely farms, is a new sight--or, perhaps 
more accurately, a sight so old that not many of us have had a chance 
to experience it. There are patches of land where the native trees, 
grasses and flowers are growing again; where white tail deer and 
pheasant walk among wood violets and sugar maples the way they did 150 
years ago. These pieces of land, restored to their original natural 
beauty, are living museums--reminders to ourselves and our children of 
the magnificence of Wisconsin's native landscape.
  Much of this land restoration is due to the Conservation Reserve 
Program, a federal program that, in effect, rents land from farmers and 
restores it to its natural state. Wisconsin farmers have 
enthusiastically embraced this effort enrolling 72,000 acres of land in 
the CRP this year along. Altogether, the CRP has restored 600,000 acres 
of land in Wisconsin.
  Despite this program's great success--in Wisconsin and rural areas 
across the country--a provision of the 1996 farm bill has inadvertently 
put the CRP in jeopardy. Section 11 of the farm bill capped the 
administrative costs that the USDA can pay out on any program. The 
provision was an attempt to slow some over-enthusiastic compute 
purchasing at the USDA. Unfortunately, it also capped the technical 
assistance allowed under the CRP in a way that will make it illegal for 
the CRP to identify or enroll new acres after May of this year. Our 
amendment today, by adding $28 million for these necessary 
administrative functions, will allow the CRP to continue its work.
  Our offset today is from the food stamp reserve fund, and I want to 
say a word about that. Every year, we put aside more money than we 
anticipate we will need to cover our food stamps obligations. We do so 
in order to make sure that that very vital anti-hunger program is 
available even if demand increases because of an unexpected economic 
downturn. As the year progresses without such a downturn, it is 
appropriate and responsible budgeting to move some of those funds, 
which will not be needed, into areas where there is pressing needs.
  That said, we still must keep a reasonable balance in reserve for 
food stamps, and in no way should this fund be viewed by others with 
amendments as a piggy bank.
  The CRP is an example of an environmental program that successfully 
marries the interests of farmers, conservationists, and nature lovers. 
It is voluntary, it is local in direction, it is effective. I am glad 
we were able to agree to keep such a worthy program alive this year, 
and I thank my colleagues who have helped clear this amendment.


                           AMENDMENT NO. 116

 (Purpose: To appropriate additional funds to the fund maintained for 
 funds made available under section 32 of the Act of August 24, 1935, 
 and to authorize the Secretary of Agriculture to waive the limitation 
on the amount of such funds that may be devoted during fiscal year 1999 
    to 1 agricultural commodity or product thereof, with an offset)

       On page 2, between lines 20 and 21, insert the following:


          funds for strengthening markets, income, and supply

                              (section 32)

       For an additional amount for the fund maintained for funds 
     made available under section 32 of the Act of August 24, 1935 
     (7 U.S.C. 612c), $150,000,000: Provided, That the entire 
     amount shall be available only to the extent an official 
     budget request for $150,000,000, 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 Congress: Provided further, That the entire 
     amount is designated by Congress as an emergency requirement 
     under section 251(b)(2)(A) of such Act.
       On page 7, between lines 8 and 9, insert the following:

                    GENERAL PROVISION, THIS CHAPTER

       Sec. __. The Secretary of Agriculture may waive the 
     limitation established under the second sentence of the 
     second paragraph of section 32 of the Act of August 24, 1935 
     (7 U.S.C. 612c), on the amount of funds that may be devoted 
     during fiscal year 1999 to any 1 agricultural commodity or 
     product thereof.
       On page 37, line 9, strike ``$285,000,000'' and insert 
     ``$435,000,000''.

  Mr. ASHCROFT. Mr. President, I rise today to join the senior senator 
from Missouri, Senator Bond, in offering an amendment to help the 
plight of the hog farmers in the state of Missouri. Hog farmers in our 
home state, and across the nation, are experiencing a disaster outside 
of their control, much like a flood, drought, or disease. It was 
projected that 25 to 40 percent of Missouri's pork producers would lose 
their family farms if we do not take immediate and substantial action. 
That is why we have offered this amendment.
  The statistics are devastating. Since June 1998, pork farmers 
experienced a roughly 70 percent decline in pork prices, from $40 per 
hundredweight to $9 per hundredweight. The 1998 average price was an 
astounding 30 percent below the average price in 1932. In 1933, market 
hogs brought $3.53 a hundredweight, which is $47.29 in today's dollars.
  There was a $2.6 billion equity meltdown on hog farms across America, 
and Economist Glen Grimes, at the University of Missouri, projects that 
hog farmers will suffer another one billion loss in 1999.
  Some hog farmers have told me that they would have been better off 
financially if their hogs had simply been destroyed by a natural 
disaster. At one point, the feed the hogs were eating was worth more 
than the hogs themselves. And not long ago, consumers were paying more 
for a canned ham than the 260-pound hog it came from.
  To address this disaster on hog farms across America, the 
Administration committed $50 million to their plight. While this amount 
sends a message of support to hog farmers, it is inadequate in light of 
the severity of the crisis to our family farms.
  The Missouri Farm Bureau and the Missouri Pork Producers requested 
our assistance, and we have responded. Today, Senator Bond and I are 
offering this amendment, which makes $250 million available for farmers 
struggling to survive the severe drop in pork prices. Under the 
amendment, the U.S. Department of Agriculture would be provided with 
$150 million new funds and would be given the authority to use another 
$100 million, that the USDA already has, to help hog farmers.
  The amendment sends a clear and resounding message of support to 
Missouri's hog farmers. In my recent trips to Missouri, I met with 
numerous hog farmers and was alarmed to hear them say that many of them 
would have to sell the family farm if we do not act expediently. This 
situation demands action, and I have taken immediate action at the 
request of Missouri's family farmers.
  It is the understanding of those of us that have offered this 
amendment today that the majority of the funds available to the 
Secretary of Agriculture will be used on behalf of our nation's pork 
farmers. Last year, all of the major commodity groups received disaster 
assistance, but the hog farmers received nothing.
  In current law (Section 32 of the Act of August 24, 1935) the 
Department of Agriculture has broad authority to re-establish farmers' 
purchasing power by making payments, to encourage domestic consumption 
by diverting surpluses to low-income groups, and to encourage the 
export of farm products through producer payments or other means. 
However, the amount devoted to any one commodity shall not exceed 25 
percent of the Section 32 funds. Most recently, the USDA recently used 
its Section 32 authority to make a $50 million direct cash payment to 
pork producers.

  Our amendment adds $150 million to the USDA Section 32 Fund, to be 
used for hog farmers, and it waives the 25 percent cap on the USDA 
Section 32 Fund for the remainder of fiscal year 1999. These funds 
would be made available to help the current emergency situation in the 
pork industry.
  In addition to today's amendment, I would also like to mention some 
of the initiatives that I have worked on with the Missouri Farm Bureau 
and the Missouri Pork Producers in order to address the pork crisis:

[[Page S2931]]

  Initiated a request, with Senator Bob Kerrey (D-NE), to U.S. Trade 
Representative Charlene Barshefsky successfully urging her to add 
European Union pork to the U.S. trade retaliation list against the EU's 
unfair trade practices.
  Requested that the U.S. Government buy excess hogs from farmers and 
ship U.S. pork as emergency assistance to Central America.
  Wrote to the Prime Minister of Canada urging him to resolve work 
stoppage in the Ontario pork packers plant so that Canada can slaughter 
its hogs instead of flooding our slaughter houses with Canadian hogs.
  Wrote to the President and the Secretary of Agriculture requesting 
that they use all their authority to ensure that no unfair competition 
or antitrust practices exist in domestic pork markets. It concerns me 
that farmer's prices for hogs at the farm gate have plummeted while 
prices at the cash register have not dropped equally for the consumer.
  Requested of the Administration an immediate moratorium on burdensome 
new federal regulations affecting hog producers, and wrote to the 
President to ease paperwork requirements placed on farmers and banks so 
that the money can quickly get to those who need it.
  Introduced a congressional resolution (S. Con. Res. 4) with Senator 
Max Baucus which demands that South Korea end its unfair trade 
practices and subsidies that hurt American pork producers. The 
resolution also urges the U.S. Trade Representative, the Secretary of 
Treasury, and the Secretary of Agriculture to take immediate action 
against such harmful Korean subsidies.


                           amendment no. 117

      (Purpose: To provide funding for rural water infrastructure)

       On page 37, line 9 strike ``$313,000,000'' and insert in 
     lieu thereof ``$343,000,000''.
       On page 5, after line 20 insert the following:


                  rural community advancement program

       For an additional amount for the costs of direct loans and 
     grants of the rural utilities programs described in section 
     381E(d)(2) of the Consolidated Farm and Rural Development Act 
     (7 U.S.C. 2009f), as provided in 7 U.S.C. 1926(a) and 7 
     U.S.C. 1926C for distribution through the national reserve, 
     $30,000,000, of which $25,000,000 shall be for grants under 
     such program: Provided, That the entire amount shall be 
     available only to the extent an official budget request for 
     $30,000,000, 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 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of such Act.


                           amendment no. 118

       At the appropriate place in the bill insert the following 
     new section:
       Sec.   . Notwithstanding any other provision of law, monies 
     available under section 763 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 1999 shall be provided by the 
     Secretary of Agriculture directly to any state determined by 
     the Secretary of Agriculture to have been materially affected 
     by the commercial fishery failure or failures declared by the 
     Secretary of Commerce in September, 1998 under section 312(a) 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Act. Such state shall disburse the funds to individuals with 
     family incomes below the federal poverty level who have been 
     adversely affected by the commercial fishery failure or 
     failures. Provided, That the entire amount shall be available 
     only to the extent an official budget request for such 
     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 Congress. 
     Provided further, That the entire amount is designated by 
     Congress as an emergency requirement under section 
     251(b)(2)(A) of such Act.


                           amendment no. 119

       On page 2, line 11, strike $20,000,000 and insert 
     $25,000,000.
       On page 2, line 13, strike $20,000,000 and insert 
     $25,000,000.
       On page 37, line 9, increase the amount by $5,000,000.

  Mrs. FEINSTEIN. Mr. President, this amendment increases funding for 
USDA's Emergency Grants to Assistance Low-Income Migrant and Seasonal 
Farmworkers program by $5 million. The increase in funding is provided 
to cover additional needs, including a possible increase in WIC 
caseload as a result of the devastating citrus freeze which impacted 
California last December.
  I understand the amendment has been agreed to on both sides, and I 
urge its adoption.
  Mr. STEVENS. Mr. President, I ask for the adoption of these 
amendments en bloc.
  The PRESIDING OFFICER. Without objection, the amendments are agreed 
to.
  The amendments (Nos. 115 through 119) were agreed to.
  Mr. STEVENS. Mr. President, I move to reconsider the vote by which 
the amendments were agreed to, and I move to lay that motion on the 
table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
amendment entitled ``1998 Disaster'' for Senator Bond be deleted from 
the list and that an amendment listed for Senator Ashcroft entitled 
``Emergency Assistance to USDA'' be deleted.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 120

(Purpose: To provide authority and appropriations for the Department of 
    State to carry out certain counterdrug research and development 
                              activities)

  Mr. STEVENS. Mr. President, I send to the desk an amendment for 
Senator DeWine and others to provide authority and funds for the 
Department of State's counterdrug program. This amendment includes an 
appropriate offset for the additional spending that is authorized.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens] for Mr. DeWINE, for 
     himself, Mr. Burns and Mr. Coverdell, proposes an amendment 
     numbered 120:
       On page 24, between lines 2 and 3, insert the following:

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $23,000,000, for additional 
     counterdrug research and development activities: Provided, 
     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: 
     Provided further, That such amount shall be available only to 
     the extent an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in such Act is transmitted 
     by the President to the Congress.
       On page 27 increase the amount of the rescission on line 9 
     by $23,000,000.
       On page 44, between lines 11 and 12, insert the following:
       (b) Section 832(a) of the Western Hemisphere Drug 
     Elimination Act (Public Law 105-277) is amended--
       (1) in the first sentence--
       (A) by striking ``Secretary of Agriculture'' and inserting 
     ``Secretary of State''; and
       (B) by striking ``the Agricultural Research Service of the 
     Department of Agriculture'' and inserting ``the Department of 
     State'';
       (2) in paragraph (5), by inserting ``(without regard to any 
     requirement in law relating to public notice or 
     competition)'' after ``to contract''; and
       (3) by adding at the end the following:
     ``Any record related to a contract entered into, or to an 
     activity funded, under this subsection shall be exempted from 
     disclosure as described in section 552(b)(3) of title 5, 
     United States Code.''.

  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. I ask unanimous consent that the order for the quorum 
call be rescinded.

[[Page S2932]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. I ask that we proceed with the amendment at the desk.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 120) was agreed to.
  Mr. STEVENS. Mr. President, I move to reconsider the vote and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. STEVENS. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, earlier today we had an amendment that I 
did not move to reconsider and I indicated I would move to reconsider 
at a later time.
  The PRESIDING OFFICER. That was amendment No. 80.
  Mr. STEVENS. And the purpose?
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       To defer section 8 assistance for expiring contracts until 
     October 1, 1999.

  Mr. STEVENS. That amendment was agreed to. I move to reconsider the 
vote, and I ask unanimous consent that the motion to reconsider be laid 
on the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________