[Congressional Record Volume 145, Number 112 (Tuesday, August 3, 1999)]
[Senate]
[Pages S10128-S10132]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2000

                                 ______
                                 

                 HARKIN (AND OTHERS) AMENDMENT NO. 1506

  Mr. HARKIN (for himself, Mr. Daschle, Mr. Dorgan, Mr. Kerrey, Mr. 
Johnson, Mr. Conrad, Mr. Baucus, Mr. Durbin, Mr. Wellstone, Mrs. 
Lincoln, and Mr. Sarbanes) proposed an amendment to amendment No. 1499 
proposed by Mr. Daschle to the bill, S. 1233, supra; as follows:

       Beginning on page 1, line 3, strike all that follows 
     ``Sec.'' to the end of the amendment and insert the 
     following:
       __. Emergency and Income Loss Assistance.--(a) Additional 
     Crop Loss Assistance.--
       (1) In general.--Except as provided in paragraph (2), in 
     addition to amounts that have been made available to carry 
     out section 1102 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 1999 (7 U.S.C. 1421 note; Public Law 105-277) under 
     other law, the Secretary of Agriculture (referred to in this 
     section as the `Secretary') shall use not more than 
     $756,000,000 of funds of the Commodity Credit Corporation to 
     provide crop loss assistance in accordance with that section 
     in a manner that, to the maximum extent practicable--
       (A) fully compensates agricultural producers for crop 
     losses in accordance with that section (including regulations 
     promulgated to carry out that section); and
       (B) provides equitable treatment under that section for 
     agricultural producers described in subsections (b) and (c) 
     of that section.
       (2) Crop insurance.--Of the total amount made available 
     under paragraph (1), the Secretary shall use not less than 
     $400,000,000 to assist agricultural producers in purchasing 
     additional coverage for the 2000 crop year under the Federal 
     Crop Insurance Act (7 U.S.C. 1501 et seq.).

[[Page S10129]]

       (3) Compensation for denial of crop loss assistance based 
     on taxpayer identification numbers.--The Secretary shall use 
     not more than $70,000,000 of funds of the Commodity Credit 
     Corporation to make payments to producers on a farm that were 
     denied crop loss assistance under section 1102 of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 
     note; Public Law 105-277), as the result of a change in the 
     taxpayer identification numbers of the producers if the 
     Secretary determines that the change was not made to create 
     an advantage for the producers in the crop insurance program 
     through lower premiums or higher actual production histories.
       (b) Income Loss Assistance.--
       (1) In general.--The Secretary shall use not more than 
     $6,373,000,000 of funds of the Commodity Credit Corporation 
     to provide (on an equitable basis among producers, as 
     determined by the Secretary) supplemental loan deficiency 
     payments to producers on a farm that are eligible for 
     marketing assistance loans for the 1999 crop of a commodity 
     under section 131 of the Agricultural Market Transition Act 
     (7 U.S.C. 7231).
       (2) Payment limitation.--The total amount of the payments 
     that a person may receive under paragraph (1) during any crop 
     year may not exceed $40,000.
       (3) Producers without production.--The payments made 
     available under this subsection shall be provided (on an 
     equitable basis among producers, according to actual 
     production history, as determined by the Secretary) to 
     producers with failed acreage, or acreage on which planting 
     was prevented, due to circumstances beyond the control of the 
     producers.
       (4) Time for payment.--The assistance made available under 
     this subsection for an eligible owner or producer shall be 
     provided as soon as practicable after the date of enactment 
     of this Act by providing advance payments that are based on 
     expected production and by taking such measures as are 
     determined appropriate by the Secretary.
       (5) Dairy producers.--
       (A) In general.--Of the total amount made available under 
     paragraph (1), $400,000,000 shall be available to provide 
     assistance to dairy producers in a manner determined by the 
     Secretary.
       (B) Federal milk marketing orders.--Payments made under 
     this subsection shall not affect any decision with respect to 
     rulemaking activities under section 143 of the Agricultural 
     Market Transition Act (7 U.S.C. 7253).
       (6) Peanuts.--
       (A) In general.--Of the total amount made available under 
     paragraph (1), the Secretary shall use not to exceed 
     $45,000,000 to provide payments to producers of quota peanuts 
     or additional peanuts to partially compensate the producers 
     for the loss of markets for the 1998 crop of peanuts.
       (B) Amount.--The amount of a payment made to producers on a 
     farm of quota peanuts or additional peanuts under 
     subparagraph (A) shall be equal to the product obtained by 
     multiplying--
       (i) the quantity of quota peanuts or additional peanuts 
     produced or considered produced by the producers under 
     section 155 of the Agricultural Market Transition Act (7 
     U.S.C. 7271); by
       (ii) an amount equal to 5 percent of the loan rate 
     established for quota peanuts or additional peanuts, 
     respectively, under section 155 of that Act.
       (7) Tobacco grower assistance.--The Secretary shall provide 
     $328,000,000 to be distributed to tobacco growers according 
     to the formulas established pursuant to the National Tobacco 
     Grower Settlement Trust.
       (c) Funds for Strengthening Markets, Income, and Supply 
     (Section 32).--
       (1) In general.--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), there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, $500,000,000.
       (2) Set-aside for certain livestock producers.--Of the 
     funds made available by paragraph (1), the Secretary shall 
     use not more than $200,000,000 to provide assistance to 
     livestock producers--
       (A) the operations of which are located in counties with 
     respect to which during 1999 a natural disaster was declared 
     for losses due to excessive heat or drought by the Secretary, 
     or a major disaster or emergency was declared for losses due 
     to excessive heat or drought by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.); and
       (B) that experienced livestock losses as a result of the 
     declared disaster or emergency.
       (3) Waiver of commodity limitation.--In providing 
     assistance under this subsection, the Secretary 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 
     to any 1 agricultural commodity or product.
       (d) Emergency Livestock Assistance.--For an additional 
     amount to provide emergency livestock assistance, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, $200,000,000.
       (e) Commodity Purchases and Humanitarian Donations.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall use not less than $978,000,000 of 
     additional funds of the Commodity Credit Corporation for the 
     purchase and distribution of agricultural commodities, under 
     applicable food aid authorities, including--
       (A) section 416(b) of the Agricultural Act of 1949 (7 
     U.S.C. 1431(b));
       (B) the Food for Progress Act of 1985 (7 U.S.C. 1736o); and
       (C) the Agricultural Trade Development and Assistance Act 
     of 1954 (7 U.S.C. 1691 et seq.).
       (2) Least developed countries.--Not less than 40 percent of 
     the commodities distributed pursuant to this subsection shall 
     be made available to least developed countries, as determined 
     by the Secretary.
       (3) Local currencies.--To the maximum extent practicable, 
     local currencies generated from the sale of commodities under 
     this subsection shall be used for development purposes that 
     foster United States agricultural exports.
       (f) Upland Cotton Price Competitiveness.--
       (1) In general.--Section 136(a) of the Agricultural Market 
     Transition Act (7 U.S.C. 7236(a)) is amended--
       (A) in paragraph (1), by inserting ``(in the case of each 
     of the 1999-2000, 2000-2001, and 2001-2002 marketing years 
     for upland cotton, at the option of the recipient)'' after 
     ``or cash payments'';
       (B) by inserting ``(or, in the case of each of the 1999-
     2000, 2000-2001, and 2001-2002 marketing years for upland 
     cotton, 1.25 cents per pound)'' after ``3 cents per pound'' 
     each place it appears;
       (C) in paragraph (3), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Redemption, marketing, or exchange.--
       ``(i) In general.--The Secretary shall establish procedures 
     for redeeming marketing certificates for cash or marketing or 
     exchange of the certificates for--

       ``(I) except as provided in subclause (II), agricultural 
     commodities owned by the Commodity Credit Corporation in such 
     manner, and at such price levels, as the Secretary determines 
     will best effectuate the purposes of cotton user marketing 
     certificates; or
       ``(II) in the case of each of the 1999-2000, 2000-2001, and 
     2001-2002 marketing years for upland cotton, agricultural 
     commodities owned by the Commodity Credit Corporation or 
     pledged to the Commodity Credit Corporation as collateral for 
     a loan in such manner, and at such price levels, as the 
     Secretary determines will best effectuate the purposes of 
     cotton user marketing certificates, including enhancing the 
     competitiveness and marketability of United States cotton.

       ``(ii) Price restrictions.--Any price restrictions that 
     would otherwise apply to the disposition of agricultural 
     commodities by the Commodity Credit Corporation shall not 
     apply to the redemption of certificates under this 
     subparagraph.''; and
       (D) in paragraph (4), by inserting before the period at the 
     end the following: ``, except that this paragraph shall not 
     apply to each of fiscal years 2000, 2001, and 2002''.
       (2) Ensuring the availability of upland cotton.--Section 
     136(b) of the Agricultural Market Transition Act (7 U.S.C. 
     7236(b)) is amended--
       (A) in paragraph (1), by striking ``The'' and inserting 
     ``Except as provided in paragraph (7), the''; and
       (B) by adding at the end the following:
       ``(7) 1999-2000, 2000-2001, and 2001-2002 marketing 
     years.--
       ``(A) In general.--In the case of each of the 1999-2000, 
     2000-2001, and 2001-2002 marketing years for upland cotton, 
     the President shall carry out an import quota program as 
     provided in this paragraph.
       ``(B) Program requirements.--Except as provided in 
     subparagraph (C), whenever the Secretary determines and 
     announces that for any consecutive 4-week period, the Friday 
     through Thursday average price quotation for the lowest-
     priced United States growth, as quoted for Middling (M) 1\3/
     32\-inch cotton, delivered C.I.F. Northern Europe, adjusted 
     for the value of any certificate issued under subsection (a), 
     exceeds the Northern Europe price by more than 1.25 cents per 
     pound, there shall immediately be in effect a special import 
     quota.
       ``(C) Tight domestic supply.--During any month for which 
     the Secretary estimates the season-ending United States 
     upland cotton stocks-to-use ratio, as determined under 
     subparagraph (D), to be below 16 percent, the Secretary, in 
     making the determination under subparagraph (B), shall not 
     adjust the Friday through Thursday average price quotation 
     for the lowest-priced United States growth, as quoted for 
     Middling (M) 1\3/32\-inch cotton, delivered C.I.F. Northern 
     Europe, for the value of any certificates issued under 
     subsection (a).
       ``(D) Season-ending united states stocks-to-use ratio.--For 
     the purposes of making estimates under subparagraph (C), the 
     Secretary shall, on a monthly basis, estimate and report the 
     season-ending United States upland cotton stocks-to-use 
     ratio, excluding projected raw cotton imports but including 
     the quantity of raw cotton that has been imported into the 
     United States during the marketing year.
       ``(E) Limitation.--The quantity of cotton entered into the 
     United States during any marketing year described in 
     subparagraph (A) under the special import quota established 
     under this paragraph may not exceed the equivalent of 5 
     weeks' consumption of upland cotton by domestic mills at the 
     seasonally adjusted average rate of the 3

[[Page S10130]]

     months immediately preceding the first special import quota 
     established in any marketing year.''.
       (3) Removal of suspension of marketing certificate 
     authority.--Section 171(b)(1)(G) of the Agricultural Market 
     Transition Act (7 U.S.C. 7301(b)(1)(G)) is amended by 
     inserting before the period at the end the following: ``, 
     except that this subparagraph shall not apply to each of the 
     1999-2000, 2000-2001, and 2001-2002 marketing years for 
     upland cotton''.
       (4) Redemption of marketing certificates.--Section 115 of 
     the Agricultural Act of 1949 (7 U.S.C. 1445k) is amended--
       (A) in subsection (a)--
       (i) by striking ``rice (other than negotiable marketing 
     certificates for upland cotton or rice)'' and inserting 
     ``rice, including the issuance of negotiable marketing 
     certificates for upland cotton or rice'';
       (ii) in paragraph (1), by striking ``and'' at the end;
       (iii) in paragraph (2), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(3) redeem negotiable marketing certificates for cash 
     under such terms and conditions as are established by the 
     Secretary.''; and
       (B) in the second sentence of subsection (c), by striking 
     ``export enhancement program or the marketing promotion 
     program established under the Agricultural Trade Act of 
     1978'' and inserting ``market access program or the export 
     enhancement program established under sections 203 and 301 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5623, 5651)''.
       (g) Farm Service Agency.--For an additional amount for the 
     Farm Service Agency, there is appropriated, out of any money 
     in the Treasury not otherwise appropriated, $140,000,000, of 
     which--
       (1) $40,000,000 shall be used for salaries and expenses of 
     the Farm Service Agency; and
       (2) $100,000,000 shall be used for direct or guaranteed 
     farm ownership, operating, or emergency loans under the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
     seq.),
       (h) State Mediation Grants.--For an additional amount for 
     grants pursuant to section 502(b) of the Agricultural Credit 
     Act of 1987 (7 U.S.C. 5102(b)), there is appropriated, out of 
     any money in the Treasury not otherwise appropriated, 
     $2,000,000.
       (i) Disaster Reserve.--
       (1) In general.--For the disaster reserve established under 
     section 813 of the Agricultural Act of 1970 (7 U.S.C. 1427a), 
     there is appropriated, out of any money in the Treasury not 
     otherwise appropriated, $500,000,000.
       (2) Crop and livestock cash indemnity payments.--
     Notwithstanding any other provision of law, the Secretary may 
     use the amount made available under this subsection to carry 
     out a program to provide crop or livestock cash indemnity 
     payments to agricultural producers for the purpose of 
     remedying losses caused by damaging weather or related 
     condition resulting from a natural or major disaster or 
     emergency.
       (3) Commercial fisheries failure.--Notwithstanding any 
     other provision of law, the Secretary shall provide 
     $15,000,000 of the amount made available under this section 
     to the Department of Commerce to provide emergency disaster 
     assistance to persons or entities that have incurred losses 
     from a commercial fishery failure described in section 
     308(b)(1) of the Interjurisdictional Fisheries Act of 1986 
     (16 U.S.C. 4107(b)) with respect to a Northeast multispecies 
     fishery.
       (j) Flooded Land Reserve Program.--For an additional amount 
     to carry out a flooded land reserve program in a manner that 
     is consistent with section 1124 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public 
     Law 105-277), there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, $250,000,000.
       (k) Emergency Short-Term Land Diversion.--For an additional 
     amount to carry out an emergency short-term land diversion 
     program, there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, $200,000,000.
       (l) Grain Inspection, Packers, and Stockyards 
     Administration.--For an additional amount for the Grain 
     Inspection, Packers, and Stockyards Administration to support 
     rapid response teams to enforce the Packers and Stockyards 
     Act, 1921 (7 U.S.C. 181 et seq.), there is appropriated, out 
     of any money in the Treasury not otherwise appropriated, 
     $1,000,000.
       (m) Watershed and Flood Prevention Operations.--For an 
     additional amount for watershed and flood prevention 
     operations to repair damage to waterways and watersheds 
     resulting from natural disasters, there is appropriated, out 
     of any money in the Treasury not otherwise appropriated, 
     $60,000,000.
       (n) Emergency Conservation Program.--For an additional 
     amount for the emergency conservation program authorized 
     under sections 401, 402, and 404 of the Agricultural Credit 
     Act of 1978 (16 U.S.C. 2201, 2202, 2204) for expenses 
     resulting from natural disasters, there is appropriated, out 
     of any money in the Treasury not otherwise appropriated, 
     $30,000,000.
       (o) Environmental Quality Incentives Program.--
       (1) In general.--For an additional amount for the 
     environmental quality incentives program established under 
     chapter 4 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3839aa et seq.), there is appropriated, 
     out of any money in the Treasury not otherwise appropriated, 
     $52,000,000.
       (2) Livestock nutrient management plans.--The Secretary 
     shall provide a priority in the use of funds made available 
     under paragraph (1) to implementing livestock nutrient 
     management plans.
       (p) Wetlands Reserve Program.--Notwithstanding section 727 
     of this Act, for an additional amount for the wetlands 
     reserve program established under subchapter C of chapter 1 
     of subtitle D of title XII of the Food Security Act of 1985 
     (16 U.S.C. 3837 et seq.), there is appropriated, out of any 
     money in the Treasury not otherwise appropriated, 
     $70,000,000.
       (q) Foreign Market Development Cooperator Program.--For an 
     additional amount for the foreign market development 
     cooperator program established under section 702 of the 
     Agricultural Trade Act of 1978 (7 U.S.C. 5722), there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, $10,000,000.
       (r) Rural Economic Assistance.--For an additional amount 
     for rural economic assistance, there is appropriated, out of 
     any money in the Treasury not otherwise appropriated, 
     $150,000,000, of which--
       (1) $100,000,000 shall be used for rural economic 
     development, with the highest priority given to the most 
     economically disadvantaged rural communities; and
       (2) $50,000,000 shall be used to establish and carry out a 
     program of revolving loans for the support of farmer-owned 
     cooperatives.
       (s) Mandatory Price Reporting.--For an additional amount to 
     carry out a program of mandatory price reporting for 
     livestock and livestock products, on enactment of a law 
     establishing the program, there is appropriated, out of any 
     money in the Treasury not otherwise appropriated, $4,000,000.
       (t) Labeling of Imported Meat and Meat Food Products.--
       (1) Definitions.--Section 1 of the Federal Meat Inspection 
     Act (21 U.S.C. 601) is amended by adding at the end the 
     following:
       ``(w) Beef.--The term `beef' means meat produced from 
     cattle (including veal).
       ``(x) Imported beef.--The term `imported beef' means beef 
     that is not United States beef, whether or not the beef is 
     graded with a quality grade issued by the Secretary.
       ``(y) Imported lamb.--The term `imported lamb' means lamb 
     that is not United States lamb, whether or not the lamb is 
     graded with a quality grade issued by the Secretary.
       ``(z) Imported pork.--The term `imported pork' means pork 
     that is not United States pork.
       ``(aa) Lamb.--The term `lamb' means meat, other than 
     mutton, produced from sheep.
       ``(bb) Pork.--The term `pork' means meat produced from 
     hogs.
       ``(cc) United states beef.--
       ``(1) In general.--The term `United States beef' means beef 
     produced from cattle slaughtered in the United States.
       ``(2) Exclusion.--The term `United States beef' does not 
     include beef produced from cattle imported into the United 
     States in sealed trucks for slaughter.
       ``(dd) United states lamb.--
       ``(1) In general.--The term `United States lamb' means lamb 
     produced from sheep slaughtered in the United States.
       ``(2) Exclusion.--The term `United States lamb' does not 
     include lamb produced from sheep imported into the United 
     States in sealed trucks for slaughter.
       ``(ee) United states pork.--
       ``(1) In general.--The term `United States pork' means pork 
     produced from hogs slaughtered in the United States.
       ``(2) Exclusion.--The term `United States pork' does not 
     include pork produced from hogs imported into the United 
     States in sealed trucks for slaughter.''.
       (2) Misbranding.--Section 1(n) of the Federal Meat 
     Inspection Act (21 U.S.C. 601(n)) is amended--
       (A) in paragraph (11), by striking ``or'' at the end;
       (B) in paragraph (12), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(13)(A) if it is imported beef, imported lamb, or 
     imported pork offered for retail sale as muscle cuts of beef, 
     lamb, or pork and does not bear a label that identifies its 
     country of origin;
       ``(B) if it is United States beef, United States lamb, or 
     United States pork offered for retail sale as muscle cuts of 
     beef, lamb, or pork, and does not bear a label that 
     identifies its country of origin; or
       ``(C) if it is United States or imported ground beef, 
     ground lamb, or ground pork and is not accompanied by 
     labeling that identifies it as United States beef, United 
     States lamb, United States pork, imported beef, imported 
     lamb, imported pork, or other designation that identifies the 
     content of United States beef, imported beef, United States 
     lamb, imported lamb, United States pork, and imported pork 
     contained in the product, as determined by the Secretary.''.
       (3) Labeling.--Section 7 of the Federal Meat Inspection Act 
     (21 U.S.C. 607) is amended by adding at the end the 
     following:
       ``(g) Mandatory Labeling.--The Secretary shall provide by 
     regulation that the following offered for retail sale bear a 
     label that identifies its country of origin:
       ``(1) Muscle cuts of United States beef, United States 
     lamb, United States pork, imported beef, imported lamb, and 
     imported pork.
       ``(2) Ground beef, ground lamb, and ground pork.
       ``(h) Audit Verification System for United States and 
     Imported Muscle Cuts

[[Page S10131]]

     of Beef, Lamb, and Pork and Ground Beef, Lamb, and Pork.--The 
     Secretary may require by regulation that any person that 
     prepares, stores, handles, or distributes muscle cuts of 
     United States beef, imported beef, United States lamb, 
     imported lamb, United States pork, imported pork, ground 
     beef, ground lamb, or ground pork for retail sale maintain a 
     verifiable recordkeeping audit trail that will permit the 
     Secretary to ensure compliance with the regulations 
     promulgated under subsection (g).''.
       (4) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall promulgate final 
     regulations to carry out the amendments made by this 
     subsection.
       (5) Funding.--For an additional amount to carry out this 
     subsection and the amendments made by this subsection, there 
     is appropriated, out of any money in the Treasury not 
     otherwise appropriated, $8,000,000.
       (6) Effective date.--The amendments made by this subsection 
     take effect 60 days after the date on which final regulations 
     are promulgated under paragraph (4).
       (u) Indication of Country of Origin of Perishable 
     Agricultural Commodities.--
       (1) Definitions.--In this section:
       (A) Food service establishment.--The term ``food service 
     establishment'' means a restaurant, cafeteria, lunch room, 
     food stand, saloon, tavern, bar, lounge, or other similar 
     facility operated as an enterprise engaged in the business of 
     selling food to the public.
       (B) Perishable agricultural commodity; retailer.--The terms 
     ``perishable agricultural commodity'' and ``retailer'' have 
     the meanings given the terms in section 1(b) of the 
     Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 
     499a(b)).
       (2) Notice of country of origin required.--Except as 
     provided in paragraph (3), a retailer of a perishable 
     agricultural commodity shall inform consumers, at the final 
     point of sale of the perishable agricultural commodity to 
     consumers, of the country of origin of the perishable 
     agricultural commodity.
       (3) Exemption for food service establishments.--Paragraph 
     (2) shall not apply to a perishable agricultural commodity if 
     the perishable agricultural commodity is--
       (A) prepared or served in a food service establishment; and
       (B)(i) offered for sale or sold at the food service 
     establishment in normal retail quantities; or
       (ii) served to consumers at the food service establishment.
       (4) Method of notification.--
       (A) In general.--The information required by paragraph (2) 
     may be provided to consumers by means of a label, stamp, 
     mark, placard, or other clear and visible sign on the 
     perishable agricultural commodity or on the package, display, 
     holding unit, or bin containing the commodity at the final 
     point of sale to consumers.
       (B) Labeled commodities.--If the perishable agricultural 
     commodity is already individually labeled regarding country 
     of origin by the packer, importer, or another person, the 
     retailer shall not be required to provide any additional 
     information to comply with this subsection.
       (5) Violations.--If a retailer fails to indicate the 
     country of origin of a perishable agricultural commodity as 
     required by paragraph (2), the Secretary may assess a civil 
     penalty on the retailer in an amount not to exceed--
       (A) $1,000 for the first day on which the violation occurs; 
     and
       (B) $250 for each day on which the same violation 
     continues.
       (6) Deposit of funds.--Amounts collected under paragraph 
     (5) shall be deposited in the Treasury of the United States 
     as miscellaneous receipts.
       (7) Application of subsection.--This section shall apply 
     with respect to a perishable agricultural commodity after the 
     end of the 6-month period beginning on the date of the 
     enactment of this Act.
       (v) Limitation on Marketing Loan Gains and Loan Deficiency 
     Payments.--Notwithstanding section 1001(2) of the Food 
     Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of 
     the payments specified in section 1001A(a) of that Act that 
     an individual, directly or indirectly, shall be entitled to 
     receive under the Agricultural Market Transition Act (7 
     U.S.C. 7201 et seq.) for 1 or more contract commodities and 
     oilseeds during the 1999 crop year may not exceed $150,000.
       (w) Suspension of Sugar Assessments.--Section 156(f) of the 
     Agricultural Market Transition Act (7 U.S.C. 7272(f)) is 
     amended--
       (1) in paragraph (1), by inserting ``except as provided in 
     paragraph (6),'' after ``years,'';
       (2) in paragraph (2), by inserting ``except as provided in 
     paragraph (6),'' after ``years,''; and
       (3) by adding at the end the following:
       ``(6) Suspension of assessments.--Effective beginning with 
     fiscal year 2000, no assessments shall be required under this 
     subsection during any fiscal year that immediately follows a 
     fiscal year during which the Federal budget was determined to 
     be in surplus, based on the most recent estimates available 
     from the Office of Management and Budget as of the last day 
     of the fiscal year.''.
       (x) Farmers Market Program.--For an additional amount for 
     the Farmers Market Program in the Supplemental Nutrition 
     Program for Women, Infants, and Children, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, $10,000,000.
       (y) Emergency Requirement.--The entire amount necessary to 
     carry out this section and the amendments made by this 
     section shall be available only to the extent that an 
     official budget request for the entire amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of 
     such Act.
       (z) Availability.--The amount necessary to carry out this 
     section and the amendments made by this section shall be 
     available upon enactment of this Act for the remainder of 
     fiscal year 1999 and for fiscal year 2000, and shall remain 
     available until expended.
                                 ______
                                 

                ASHCROFT (AND OTHERS) AMENDMENT NO. 1507

  Mr. ASHCROFT (for himself, Mr. Hagel, Mr. Baucus, Mr. Roberts, Mr. 
Kerrey, Mr. Dodd, Mr. Brownback, Mr. Grams, Mr. Warner, Mr. Leahy, Mr. 
Craig, Mr. Fitzgerald, Mr. Dorgan, Mr. Sessions, Mrs. Lincoln, Ms. 
Landrieu, Mr. Conrad, Mr. Harkin, Mr. Inhofe, Mr. Chafee, Mr. 
Wellstone, and Mr. Burns) proposed an amendment to amendment No. 1499 
proposed by Mr. Daschle to the bill, S. 1233, supra; as follows:

       At the appropriate place, insert the followig:
       (__) Requirement of Congressional Approval of Any 
     Unilateral Agricultural or Medical Sanction.--
       (1) Definitions.--In this subsection:
       (A) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given the term in section 402 of 
     the Agricultural Trade Development and Assistance Act of 1954 
     (7 U.S.C. 1732).
       (B) Agricultural program.--The term ``agricultural 
     program'' means--
       (i) any program administered under the Agricultural Trade 
     Development and Assistance Act of 1954 (7 U.S.C. 1691 et. 
     seq.);
       (ii) any program administered under section 416 of the 
     Agricultural Act of 1949 (7 U.S.C. 1431);
       (iii) any commercial sale of agricultural commodities, 
     including a commercial sale of an agricultural commodity that 
     is prohibited under a unilateral agricultural sanction that 
     is in effect on the date of enactment of this Act; or
       (iv) any export financing (including credits or credit 
     guarantees) for agricultural commodities.
       (C) Joint resolution.--The term ``joint resolution'' 
     means--
       (i) in the case of paragraph (2)(A)(ii), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     paragraph (2)(A)(i) is received by Congress, the matter after 
     the resolving clause of which is as follows: ``That Congress 
     approves the report of the President pursuant to section 
     __(__)(2)(A)(i) of the _____ Act __, transmitted on 
     _______.'', with the blank completed with the appropriate 
     date; and
       (ii) in the case of paragraph (5)(B), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     paragraph (5)(A) is received by Congress, the matter after 
     the resolving clause of which is as follows: ``That Congress 
     approves the report of the President pursuant to section 
     __(__)(5)(A) of the _____ Act __, transmitted on _______.'', 
     with the blank completed with the appropriate date.
       (D) Unilateral agricultural sanction.--The term 
     ``unilateral agricultural sanction'' means any prohibition, 
     restriction, or condition on carrying out an agricultural 
     program with respect to a foreign country or foreign entity 
     that is imposed by the United States for reasons of foreign 
     policy or national security, except in a case in which the 
     United States imposes the measure pursuant to a multilateral 
     regime and the other member countries of that regime have 
     agreed to impose substantially equivalent measures.
       (E) Unilateral medical sanction.--The term ``unilateral 
     medical sanction'' means any prohibition, restriction, or 
     condition on exports of, or the provision of assistance 
     consisting of, medicine or a medical device with respect to a 
     foreign country or foreign entity that is imposed by the 
     United States for reasons of foreign policy or national 
     security, except in a case in which the United States imposes 
     the measure pursuant to a multilateral regime and the other 
     member countries of that regime have agreed to impose 
     substantially equivalent measures.
       (2) Restriction.--
       (A) New sanctions.--Except as provided in paragraphs (3) 
     and (4) and notwithstanding any other provision of law, the 
     President may not impose a unilateral agricultural sanction 
     or unilateral medical sanction against a foreign country or 
     foreign entity for any fiscal year, unless--
       (i) not later than 60 days before the sanction is proposed 
     to be imposed, the President submits a report to Congress 
     that--

       (I) describes the activity proposed to be prohibited, 
     restricted, or conditioned; and

[[Page S10132]]

       (II) describes the actions by the foreign country or 
     foreign entity that justify the sanction; and

       (ii) Congress enacts a joint resolution stating the 
     approval of Congress for the report submitted under clause 
     (i).
       (B) Existing sanctions.--
       (i) In general.--Except as provided in clause (ii), with 
     respect to any unilateral agricultural sanction or unilateral 
     medical sanction that is in effect as of the date of 
     enactment of this Act for any fiscal year, the President 
     shall immediately cease to implement such sanction.
       (ii) Exemptions.--Clause (i) shall not apply to a 
     unilateral agricultural sanction or unilateral medical 
     sanction imposed with respect to an agricultural program or 
     activity described in clause (ii) or (iv) of paragraph 
     (1)(B).
       (3) Exceptions.--The President may impose (or continue to 
     impose) a sanction described in paragraph (2) without regard 
     to the procedures required by that paragraph--
       (A) against a foreign country or foreign entity with 
     respect to which Congress has enacted a declaration of war 
     that is in effect on or after the date of enactment of this 
     Act; or
       (B) to the extent that the sanction would prohibit, 
     restrict, or condition the provision or use of any 
     agricultural commodity, medicine, or medical device that is--
       (i) controlled on the United States Munitions List;
       (ii) an item for which export controls are administered by 
     the Department of Commerce for foreign policy or national 
     security reasons; or
       (iii) used to facilitate the development or production of a 
     chemical or biological weapon.
       (4) Countries supporting international terrorism.--This 
     subsection shall not affect the current prohibitions on 
     providing, to the government of any country supporting 
     international terrorism, United States government assistance, 
     including United States foreign assistance, United States 
     export assistance, or any United States credits or credit 
     guarantees.
       (5) Termination of sanctions.--Any unilateral agricultural 
     sanction or unilateral medical sanction that is imposed 
     pursuant to the procedures described in paragraph (2)(A) 
     shall terminate not later than 2 years after the date on 
     which the sanction became effective unless--
       (A) not later than 60 days before the date of termination 
     of the sanction, the President submits to Congress a report 
     containing the recommendation of the President for the 
     continuation of the sanction for an additional period of not 
     to exceed 2 years and the request of the President for 
     approval by Congress of the recommendation; and
       (B) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under subparagraph (A).
       (6) Congressional priority procedures.--
       (A) Referral of report.--A report described in paragraph 
     (2)(A)(i) or (5)(A) shall be referred to the appropriate 
     committee or committees of the House of Representatives and 
     to the appropriate committee or committees of the Senate.
       (B) Referral of joint resolution.--
       (i) In general.--A joint resolution shall be referred to 
     the committees in each House of Congress with jurisdiction.
       (ii) Reporting date.--A joint resolution referred to in 
     clause (i) may not be reported before the eighth session day 
     of Congress after the introduction of the joint resolution.
       (C) Discharge of committee.--If the committee to which is 
     referred a joint resolution has not reported the joint 
     resolution (or an identical joint resolution) at the end of 
     30 session days of Congress after the date of introduction of 
     the joint resolution--
       (i) the committee shall be discharged from further 
     consideration of the joint resolution; and
       (ii) the joint resolution shall be placed on the 
     appropriate calendar of the House concerned.
       (D) Floor consideration.--
       (i) Motion to proceed.--

       (I) In general.--When the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged under subparagraph (C) from further consideration 
     of, a joint resolution--

       (aa) it shall be at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any member of the House concerned to move 
     to proceed to the consideration of the joint resolution; and
       (bb) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived.

       (II) Privilege.--The motion to proceed to the consideration 
     of the joint resolution--

       (aa) shall be highly privileged in the House of 
     Representatives and privileged in the Senate; and
       (bb) not debatable.

       (III) Amendments and motions not in order.--The motion to 
     proceed to the consideration of the joint resolution shall 
     not be subject to--

       (aa) amendment;
       (bb) a motion to postpone; or
       (cc) a motion to proceed to the consideration of other 
     business.

       (IV) Motion to reconsider not in order.--A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order.
       (V) Business until disposition.--If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     House concerned until disposed of.

       (ii) Limitations on debate.--

       (I) In general.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection with the joint 
     resolution, shall be limited to not more than 10 hours, which 
     shall be divided equally between those favoring and those 
     opposing the joint resolution.
       (II) Further debate limitations.--A motion to limit debate 
     shall be in order and shall not be debatable.
       (III) Amendments and motions not in order.--An amendment 
     to, a motion to postpone, a motion to proceed to the 
     consideration of other business, a motion to recommit the 
     joint resolution, or a motion to reconsider the vote by which 
     the joint resolution is agreed to or disagreed to shall not 
     be in order.

       (iii) Vote on final passage.--Immediately following the 
     conclusion of the debate on a joint resolution, and a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the rules of the House concerned, the vote on 
     final passage of the joint resolution shall occur.
       (iv) Rulings of the chair on procedure.--An appeal from a 
     decision of the Chair relating to the application of the 
     rules of the Senate or House of Representatives, as the case 
     may be, to the procedure relating to a joint resolution shall 
     be decided without debate.
       (E) Coordination with action by other house.--If, before 
     the passage by 1 House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     the following procedures shall apply:
       (i) No committee referral.--The joint resolution of the 
     other House shall not be referred to a committee.
       (ii) Floor procedure.--With respect to a joint resolution 
     of the House receiving the joint resolution--

       (I) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (II) the vote on final passage shall be on the joint 
     resolution of the other House.

       (iii) Disposition of joint resolutions of receiving 
     house.--On disposition of the joint resolution received from 
     the other House, it shall no longer be in order to consider 
     the joint resolution originated in the receiving House.
       (F) Procedures after action by both the house and senate.--
     If a House receives a joint resolution from the other House 
     after the receiving House has disposed of a joint resolution 
     originated in that House, the action of the receiving House 
     with regard to the disposition of the joint resolution 
     originated in that House shall be deemed to be the action of 
     the receiving House with regard to the joint resolution 
     originated in the other House.
       (G) Rulemaking power.--This paragraph is enacted by 
     Congress--
       (i) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such this 
     paragraph--

       (I) is deemed to be a part of the rules of each House, 
     respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a joint 
     resolution; and
       (II) supersedes other rules only to the extent that this 
     paragraph is inconsistent with those rules; and

       (ii) with full recognition of the constitutional right of 
     either House to change the rules (so far as the rules relate 
     to the procedure of that House) at any time, in the same 
     manner and to the same extent as in the case of any other 
     rule of that House.
       (7) Effective date.--This subsection takes effect 180 days 
     after the date of enactment of this Act.
                                 ______
                                 

                 McCAIN (AND GREGG) AMENDMENT NO. 1508

  (Ordered to lie on the table.)
  Mr. McCAIN (for himself and Mr. Gregg) submitted an amendment 
intended to be proposed by them to the bill, S. 1233, supra; as 
follows:

       On page 76, between lines 6 and 7, insert the following:
       Sec. 7__. Sugar Program.--None of the funds appropriated or 
     otherwise made available by this Act may be used to pay the 
     salaries and expenses of personnel of the Department of 
     Agriculture to carry out section 156 of the Agricultural 
     Market Transition Act (7 U.S.C. 7272), other than subsection 
     (f).

                          ____________________