[Congressional Record Volume 146, Number 118 (Thursday, September 28, 2000)]
[Senate]
[Page S9473]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS (for himself and Mr. Burns):
  S. 3133. A bill to provide compensation to producers for 
underestimation of wheat protein content; to the Committee on 
Agriculture, Nutrition, and Forestry.


             wheat protein mismeasurement compensation act

  Mr. BAUCUS. Mr. President, I rise today to introduce the bill which 
will provide long-overdue compensation to agricultural producers in my 
state and across the country. The ``Wheat Protein Mismeasurement 
Compensation Act'' provides a legislative remedy for producers who 
suffered a loss due to the U.S. Department of Agriculture's erroneous 
underestimation of their wheat protein content for wheat sold between 
May 2, 1993 and January 24, 1994.
  In May 1993, the Secretary of Agriculture, acting through the Federal 
Grain Inspection Service, required the use of new technology for 
determining the protein content of wheat. However, the calibrations 
provided by the Secretary for the new protein measurement instruments 
were erroneous and resulted in protein determinations that were lower 
than those produced by the technology in use before use of the new 
technology was required.
  As a result of this miscalibration and the USDA's failure to provide 
adequate notice and opportunity for comment, hundreds of wheat 
producers in my state were forced to adjust their protein measurement 
and pricing system in order to protect themselves on resale. The result 
was a significant loss of revenue from the sale of high-protein wheat.
  Mr. President, I have worked on this issue for several years--first 
as a case for my injured Montana producers. In a perfect this world, 
this problem would have been resolved by the USDA at an administrative 
level immediately after the miscalibration was identified and 
readjusted. Instead, it has lagged on and on and on. Unfortunately this 
matter for technical sovereign immunity reasons cannot be resolved in 
the courts. That is why we in Congress are their last chance at getting 
this resolved once and for all.
  It is clearly, however, that these wheat producers by no fault of 
their own were injured by the USDA's implementation of a flawed system. 
But for that error, they would have received a fair price for their 
wheat. At a time when the agricultural community continues to suffer 
from record low prices and disastrous weather conditions, this 
continued injustice is simply unacceptable. We must do all in our power 
to correct this problem and justly compensate our producers for their 
losses.
  I urge my colleagues to assist us in the expeditious passage of this 
legislation.
  Mr. BURNS. Mr. President I rise today to join my colleague from 
Montana in introducing the Wheat Protein Mismeasurement Compensation 
Act. In 1993 the Federal Grain Inspection Service changed the 
technology used to determine the protein content of wheat. As a result 
a number of producers were harmed.
  The issue has had our attention for a number of years, and has 
cumulated in a recent exercise over the past few months to find a 
resolution. The simple fact is that the USDA has failed to work with 
the farmers harmed so we can determine the actual financial impact to 
all producers. However, I am very confident we can address the losses 
shouldered by Montana's producers with the $465 million cap in this 
legislation.
  My number one priority is to ensure that those producers who were 
harmed by the Federal Government's miscalculation are fully reimbursed 
for their losses. As we work this bill through the legislative process 
I believe we may need to readdress the section on the amount of 
compensation for the attorneys, but only time will tell. I believe this 
bill is a good step forward, and I welcome a process that will make 
USDA sit down face to face with these producers and compensate those 
that were harmed by the mismeasurements.
                                 ______