[Congressional Record Volume 145, Number 44 (Friday, March 19, 1999)]
[Senate]
[Pages S2989-S2990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999
The Senate continued with the consideration of the bill.
Amendments Nos. 121 Through 123, En Bloc
Mr. STEVENS. Mr. President, I send to the desk an amendment for
Senator Sessions that deals with the Crop Loss Assistance Program.
Senator Sessions' amendment is offered as one of Senator Cochran's
relevant amendments in the agricultural area.
I also send to the desk an amendment on behalf of Senator Coverdell
making funds available for a scholarship fund in Honduras. Senator
Coverdell's amendment is offered as one of my relevant amendments on
the list.
Finally, I send to the desk an amendment for Senator Daschle dealing
with 801 housing at Ellsworth Air Force Base.
I ask unanimous consent that these amendments be considered en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The bill clerk read as follows:
The Senator from Alaska [Mr. Stevens] proposes amendments
numbered 121 through 123.
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. 121
(Purpose: To improve the crop loss assistance program)
On page 7, between lines 8 and 9, insert the following:
GENERAL PROVISION, THIS CHAPTER
Sec. . Crop Loss Assistance.--(a) In General.--Section
1102 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999
(section 101(a) of division A of Public Law 105-277), is
amended--
(1) in subsection (a), by inserting ``(not later than June
15, 1999)'' after ``made available''; and
(2) in subsection (g)(1), by inserting ``or private crop
insurance (including a rain and hail policy)'' before the
period at the end.
(b) Designation as Emergency Requirement.--Such sums as are
necessary to carry out the amendments made by subsection (a):
Provided, 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 for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985, 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.
Mr. SESSIONS. Mr. President, I rise to speak regarding my amendment
to improve the crop loss assistance program. I would like to begin by
expressing my appreciation to Chairman Stevens, Senator Cochran,
Senator Lugar, and Senator Kohl for their assistance in gaining an
agreement on this amendment.
I believe this amendment will help provide much needed assistance to
our Nation's farmers. In the fiscal year 1999 omnibus appropriations
bill we provided emergency funds to the United States Department of
Agriculture (USDA) to aid farmers who have suffered losses due to
natural disasters in recent years. I believe the regulations that were
promulgated by the USDA were inadequate to address the needs of many of
our farmers.
Under the multi-year disaster assistance provisions contained in the
fiscal year 1999 omnibus appropriations bill, farmers who experienced
losses in three of the last five crop years (1994-1998) or 1998 alone
were eligible for 25 percent of indemnities paid. Farmers would be paid
the higher of the multi-year or single year loss but would not quality
under both.
Many farmers in parts of Alabama experienced losses in two out of
five years, or experienced devastating losses in years other than 1998
and so were ineligible for the disaster assistance. In addition, many
producers experienced losses but did not meet the eligibility
requirement since they may have had up to 35-percent losses but no
insurance indemnity was paid that crop year.
Farmers may have also experienced a loss with a private crop policy
such as rain and hail but did not have enough of a loss to trigger the
indemnity. This amendment would require that USDA count indemnity
losses by private policies such as rain and hail that were paid during
the crop years 1994-1998 to be counted as a loss, under the three out
of five year crop loss requirement.
In determining eligibility for the multi-year provisions, the Risk
Management Agency, RMA, simply generated a list of producers by
taxpayer ID and if their production records showed a loss for either
1998 or three out of the five preceding crop years, RMA determined they
were eligible. However, since these private crop policies are not
offered under the Multi-Peril Crop Insurance program, MPCI, and purely
a private contract between the insured producer and insurance company,
RMA did not count these losses as qualifying under the multi-year
provisions.
This amendment will simply provide equity for producers who might
have experienced losses under their private policies such as rain and
hail, but did not experience losses under the catastrophic or ``buyup''
policies. I believe this amendment will provide essential flexibility
in the program so that farmers who have endured severe conditions in
recent years can qualify for the assistance we provided in the omnibus
bill last year.
I ask unanimous consent that a letter from me to Secretary Glickman
be printed in the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
U.S. Senate,
Washington, DC, February 25, 1999.
Mr. Dan Glickman,
Secretary, Department of Agriculture,
Washington, DC.
Dear Secretary Glickman: I am writing regarding some
concerns I have about the Crop Loss Disaster Assistance
Program that was authorized by the Supplemental
Appropriations for Fiscal Year 1999.
I am concerned about the regulations that have been
formulated by the USDA with regards to this program. Congress
provided these funds to aid farmers that have faced extreme
conditions during the past few years. Having been contacted
by several of my constituents, it has come to my attention
that the program is not adequate in addressing many farmers
needs. Although numerous farmers suffered significant losses
in 1998, many still will not qualify for assistance under the
provisions specifically designed to address 1998 losses due
to disasters. Furthermore, the provisions relating to multi-
year losses precludes many farmers from receiving the
assistance they so desperately need, even when they had two
devastating years. While I understand that these types of
programs must have limits, I request that you investigate
this disparity to determine if a possible solution is
available.
I am also concerned about the disproportionate impact that
the program will have on different geographic areas. While I
am aware that different areas face distinct weather problems,
I have some concerns that certain areas of the U.S. are going
to receive a much larger portion of the assistance funds than
other areas. I believe this could be due to the way the
regulations were formulated. Again, I request that you
investigate this inequity to determine if we are implementing
the best system possible.
Thank you for your time and attention to this matter. I
know we share the common goal of aiding the American farmer
in the fairest and most equitable way possible. I would
appreciate your contacting me or my office with any findings.
If you have any questions or require more information, please
feel free to contact John Little, my legislative counsel for
this issue.
Very truly yours,
Jeff Sessions,
United States Senator.
amendment no. 122
(Purpose: To make available funds for a scholarship fund for Zamorano
Agricultural University in Honduras)
On page 8, line 21, by inserting after ``Honduras:'' the
following: ``Provided further, That, of the amount
appropriated under this heading, up to $10,000,000 may be
made available to establish and support a scholarship fund
for qualified low-to-middle income students to attend
Zamorano Agricultural University in Honduras:''.
Mr. COVERDELL. Mr. President, I commend my colleague from Alaska for
his leadership on this very important supplemental appropriations bill.
It goes without saying that these funds are much needed both in our
country and in the countries of Central America and the Caribbean
affected by Hurricane Mitch. The funds will go to some of the neediest
people in this hemisphere and will address immediate and long-term
needs. I have traveled the region personally in the wake of this
disaster, and I know that these resources
[[Page S2990]]
are imperative to its economic viability and recent strong advances in
freedom and democracy.
In considering this large assistance measure, however; we should
recognize that there are problems in some of the recipient countries.
In particular, we have heard of many difficulties with American
companies trying to do business in the region. Currently, there are a
group of Senators, led by the chairman of the Foreign Relations
Committee, who are concerned about an airport project in Honduras and
the government's apparent refusal to pay the American company
performing the work. In the Dominican Republic, I have consistently
been informed of problems the American energy sector is having in
trying to do business in that country. While U.S. State Department
personnel have been responsive and have tried to be helpful in
providing consular assistance, a group of American energy companies
still are having problems getting paid on time--or at all--under the
terms of their established contracts. This is worrisome. It obviously
hurts domestic confidence in investing in this region--or in these
countries particularly.
I would appreciate it if the chairman would review the material I
will provide him on these situations and consider developing report
language to accompany this legislation which would address this
recurring problem. In the language, I would like to encourage these
countries to honor their contracts to the best of their abilities and
to abide by the rule of law. If we are going to provide this infusion
of resources, we need to assure that our companies operating in the
region are treated fairly. It is certainly best for both us and the
countries in which we invest. I thank the chairman for his leadership
on this measure.
amendment no. 123
(Purpose: To provide for the use at Ellsworth Air Force Base, South
Dakota, of the amount received by the United States in settlement of
claims with respect to a family housing project at Ellsworth Air Force
Base, and to increase the amount of rescission of the ``Operation and
Maintenance, Defense-Wide'' account of the Department of Defense)
On page 39, line 20, strike ``$209,700,000'' and insert
``$217,700,000''.
On page 58, between lines 15 and 16, insert the following:
TITLE V--MISCELLANEOUS
Sec. 5001. (a) Availability of Settlement Amount.--
Notwithstanding any other provision of law, the amount
received by the United States in settlement of the claims
described in subsection (b) shall be available as specified
in subsection (c).
(b) Covered Claims.--The claims referred to in this
subsection are the claims of the United States against Hunt
Building Corporation and Ellsworth Housing Limited
Partnership relating to the design and construction of an
828-unit family housing project at Ellsworth Air Force Base,
South Dakota.
(c) Specified Uses.--
(1) In general.--Subject to paragraph (2), the amount
referred to in subsection (a) shall be available as follows:
(A) Of the portion of such amount received in fiscal year
1999--
(i) an amount equal to 3 percent of such portion shall be
credited to the Department of Justice Working Capital Fund
for the civil debt collection litigation activities of the
Department with respect to the claims referred to in
subsection (b), as provided for in section 108 of Public Law
103-121 (107 Stat. 1164; 28 U.S.C. 527 note); and
(ii) of the balance of such portion--
(I) an amount equal to \7/8\ of such balance shall be
available to the Secretary of Transportation for purposes of
construction of an access road on Interstate Route 90 at Box
Elder, South Dakota (item 1741 of the table contained in
section 1602 of the Transportation Equity Act for the 21st
Century (Public Law 105-178; 112 Stat. 320)); and
(II) an amount equal to \1/8\ of such balance shall be
available to the Secretary of the Air Force for purposes of
real property and facility maintenance projects at Ellsworth
Air Force Base.
(B) Of the portion of such amount received in fiscal year
2000--
(i) an amount equal to 3 percent of such portion shall be
credited to the Department of Justice Working Capital Fund in
accordance with subparagraph (A)(i); and
(ii) an amount equal to the balance of such portion shall
be available to the Secretary of Transportation for purposes
of construction of the access road described in subparagraph
(A)(ii)(I).
(C) Of any portion of such amount received in a fiscal year
after fiscal year 2000--
(i) an amount equal to 3 percent of such portion shall be
credited to the Department of Justice Working Capital Fund in
accordance with subparagraph (A)(i); and
(ii) an amount equal to the balance of such portion shall
be available to the Secretary of the Air Force for purposes
of real property and facility maintenance projects at
Ellsworth Air Force Base.
(2) Limitation on availability of funds for access road.--
(A) Limitation.--The amounts referred to in subparagraphs
(A)(ii)(I) and (B)(ii) of paragraph (1) shall be available as
specified in such subparagraphs only if, not later than
September 30, 2000, the South Dakota Department of
Transportation enters into an agreement with the Federal
Highway Administration providing for the construction of an
interchange on Interstate Route 90 at Box Elder, South
Dakota.
(B) Alternative availability of funds.--If the agreement
described in subparagraph (A) is not entered into by the date
referred to in that subparagraph, the amounts described in
that subparagraph shall be available to the Secretary of the
Air Force as of that date for purposes of real property and
facility maintenance projects at Ellsworth Air Force Base.
(3) Availability of amounts.--
(A) Access road.--Amounts available under this section for
construction of the access road described in paragraph
(1)(A)(ii)(I) are in addition to amounts available for the
construction of that access road under any other provision of
law.
(B) Property and facility maintenance projects.--
Notwithstanding any other provision of law, amounts available
under this section for property and facility maintenance
projects at Ellsworth Air Force Base shall remain available
for expenditure without fiscal year limitation.
Mr. STEVENS. Mr. President, I ask that the amendments be adopted.
The PRESIDING OFFICER. Without objection, the amendments are agreed
to.
The amendments (Nos. 121 through 123) were agreed to.
Mr. STEVENS. 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. Mr. President, I ask unanimous consent to strike the
following amendments which are on the list of proposed amendments:
Senator Hatch's amendment on ethical standards; Senator DeWine's
amendment on counterdrug funding; Senator Enzi's amendment, which is
the first livestock assistance amendment; Senator Feinstein's WIC
increase amendment; Senator Harkin's tobacco and two relevant
amendments, leaving Senator Harkin with one relevant amendment; and
Senator Burns' sheep improvement program.
I further ask unanimous consent that an additional slot be added to
the list entitled ``managers' amendment'' for use by the managers--
Senator Byrd and myself--for a final package of cleared amendments when
we get to the end of the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________